Full text of "Bills, 1928, No.1-163"

See other formats

CsV

jSv^

UBRARY
TORONTO

LEGISLATIVE ASSEMBLY

OF ONTARIO

BILLS

AS INTRODUCED IN THE HOUSE

SESSION

FEBRUARY 9th to APRIL 3rd

1928

INDEX

Bill No.

Adoption Act, The — Act to amend 118

Apprentices — Act respecting the Training of 67

Assessment Act — Act to amend 95

Assessment Act — Act to amend (withdrawn) 100

Assessment Act — Act to amend (incorporated in Bill No. 95) 106

Beechwood Cemetery Company of Ottawa — Act respecting 18

Boys' Welfare Home and School Act — Act to amend 109

Brantford, City of — Act respecting 4

Bulk Sales Act — Act to amend 75

Children of Unmarried Parents Act — Act to amend 119

Children's Protection Act — Act to amend 117

Church of England Trust Fund Act, 1927 — Act to amend 56

Collingwood, Town of — Act respecting 38

Colonization Roads Act — Act to amend 104

Companies Act — Act to amend 126

Companies Act — Act to amend 149

Companies, Information Concerning — Act respecting 150

Consolidated Revenue Fund — An Act for Raising Money on Credit of 155

Controverted Elections Act — Act to amend 121

Crowland East, Township of — Act respecting (withdrawn) 33

Crowland, Township of — Act respecting • 9

Crown Timber Act — Act to amend 151

Ditches and Watercourses Act — Act to amend (not reported) 114

Ditches and Watercourses Act — Act to amend (withdrawn) 137

Dorchester, Melbourne and Wardsville Presbyterian Churches — An Act

respecting Congregations of (not reported) 60

East Crowland, Township of — Act respecting Incorporation (withdrawn) 33

Election Act — Act to amend 88

Embalmers and Funeral Directors — Act respecting 152

Essex Border Utilities Commission — Act respecting 10

Estreats Act — Act to amend 98

Fish and Game Act (See Game and Fisheries) 161

Fort William and McKellar General Hospital — Act respecting 65

Bill No.

Gait, City of — Act respecting 7

Game and Fisheries Act — Act to amend 161

General Synod, Church of England in Canada — Act to amend Trust Fund

Act, 1927 56

Grafton St. Andrew's Presbyterian Church — Act respecting (not reported) 46

Grand Trunk Pacific Development Co. — Act respecting 35

Halton, County of — Act respecting 29

Hamilton, City of — Act respecting 6

Hamilton, Grimsby and Beamsville Electric Railway Co. — Act respecting... 49
Hawkers, Pedlars and Transient Traders — An Act respecting Licensing of

( not reported ) 74

Highway Improvement Act — Act to amend 141

Highway Traffic Act — Act to amend 130

Holy Trinity Church, Toronto — Act respecting 20

Hospitals and Charitable Institutions — Act respecting 147

Industrial Mortgage and Savings Company — Act respecting 58

Insurance Act — Act to amend 131

Juvenile Courts Act — Act to amend 120

Kitchener-Waterloo Y.M.C.A. — Act respecting 15

Lac Seul Storage — Act respecting 80

Lakes and Rivers Improvement Act — Act to amend 90

Land Tax Act — Act to amend 146

Landlord and Tenant Act — Act to amend 99

Lands, Vesting Certain in His Majesty — Act respecting 138

La Salle, Town of — Act respecting 55

Liquor Control Act, Ontario — Act to amend 156

Loan and Trust Corporations Act — Act to amend 122

Local Improvement Act — Act to amend 76

Local Improvement Act — Act to amend (incorporated in Bill No. 76) 81

Local Improvement Act — Act to amend (withdrawn) 101

Local Improvement Act — Act to amend (withdrawn) 102

Local Improvement Act — Act to amend (incorporated in Bill No. 76) 142

Local Improvement Act — Act to amend (withdrawn) 154

London, City of — Act respecting 25

Maidstone, Village of — Act respecting 51

Markdale, Village of — Act respecting 28

Markham Presbyterian Church — Act respecting (not reported) 42

Marriage Act — Act to amend 123

Bill No.

Mining Act^ — Act to amend (incorporated in 113) 69

Mining Act — Act to amend 113

Mothers' Allowance Act — Act to amend 78

Motor Vehicle Conditional Sale and Mortgage Act — Act respecting

( withdrawn ) _ ... 129

Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act— Act to amend
Municipal Act — Act to amend
jVIunicipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend
Municipal Act — Act to amend

embodied in Bill No. 157) 72

embodied in Bill No. 157) 73

embodied in Bill No. 157) 82

not reported) 83

embodied in Bill No. 157) 84

embodied in Bill No. 157) 85

withdrawn ) 86

embodied in Bill No. 157) 89

embodied in Bill No. 157) 91

embodied in Bill No. 157) 92

embodied in Bill No. 157) 93

withdrawn ) 96

withdrawn ) 97

embodied in Bill No. 157) Ill

embodied in Bill No. 157) 139

Embodied in Bill No. 157) 143

Municipal Amendment Act, 1928 157

Municipal Arbitrations Act — Act to amend 105

Natural Gas Conservation Act, 1921 — Act to amend (withdrawn) 70

New Toronto, Town of — Act respecting 1

Niagara Falls Suspension Bridge Company — Act respecting 50

North Bay, City of — Act respecting _ 48

North York, Township of — Act respecting 32

Northern Ontario, Relief to Settlers in — Act respecting 94

Ontario and Minnesota Power Company — Act respecting 19

Ottawa, City of — Act respecting 16

Owen Sound St. Andrew's Presbyterian Church — Act respecting (not

reported) 37

Perth, Town of — Act respecting _ 41

Port Hope, Town of — Act respecting 5

Power Commission Act — Act to amend 140

Presbyterian Church at Wyevale — Act respecting (withdrawn) 59

Presbyterian Church at Markham — Act respecting — (not reported) 42

Presbyterian Church at Dorchester, Melbourne and Wardsville (not

reported) ' 60

Presbyterian Church at Rutherford (not reported) 24

Protection of Cattle Act — Act to amend 127

Provincial Land Tax Act — See Land Tax.

Public Health Act — Act to amend 77

Public Health Act — Act to amend 153

Public Lands Act — Act to amend 107

Public Lands Act — Act to amend 108

Public Sendee Act — Act to amend 112

Public Utilities Act — Act to amend „ 144

Public Vehicles Act — Act to amend 128

Bill No.

Relief to Settlers in Northern Ontario — Act respecting 94

Research Foundation in Ontario — An Act to establish 66

Revised Statutes of Ontario, 1927 — An Act to confirm 103

Riverside. Town of — Act respecting 31

Rockland Separate School Board — Act respecting 36

Rutherford Presbyterian Church — Act respecting (not reported) 24

Sacred Heart College, Sudbuiy — Act respecting 23

Sandwich, Town of — Act respecting 11

Sandwich, Town of — Act respecting 12

Sandwich East, Townhip of — Act respecting 47

Sarnia General Hospital — Act respecting 45

Sault Ste. Marie, City of — Act respecting 54

Scarborough, Township of — Act respecting 52

School Lands — Acquisition of Land for School Purposes 145

School Law Amendment Act, 1928 159

Securities Fraud Prevention Act 116

Shuniah, Municipality of — Act respecting 2

St. Catharines, City of — Act respecting 30

St. Catharines Young Men's Christian Association — Act respecting 63

St. Catharines Young Women's Christian Association — Act respecting 64

St. Thomas, City of — Act respecting 14

Statute Law Amendment Act, 1928 — Act respecting 148

Succession Duty Act — Act to amend _ 79

Sudbury, Town of — Act respecting 17

Supply Bill — Act granting certain sums to Public Service 162

Teck, Township of — Act respecting (withdrawn) 43

Theatre and Cinematographs Act — Act to amend (withdrawn) 87

Tisdale, Township of — Act respecting 3

Toronto, City of — Act respecting '. 27

Toronto, City of — Act respecting 61

Toronto General Hospital— Act respecting 110

Toronto Trinity College — Act respecting 22

Township Boards of Public School Trustees — Act to provide for (with-
drawn ) 115

Training of Apprentices — Act respecting 67

Trustee Act — Act to amend 71

University Avenue, Toronto, Extension — Act respecting 68

University of Western Ontario — Act respecting 158

Vaccination Act — Act to amend (withdrawn) 160

Victoria University and Union Theological College — Act respecting 44

Bill No.

Walkerville, Town of — Act respecting 13

Waterloo, Town of — Act respecting 8

Weed Control Act — Act to amend 124

Welland, County of — Act respecting Closing Road Allowances in Town-
ship of Bertie 21

Widows' and Orphans' Maintenance Act — Act to amend (withdrawn) 136

Windsor, City of — Act respecting 39

Windsor, City of, Waterworks — Act respecting 26

Windsor, Essex and Lake Shore Rapid Railway — Act respecting 163

Wingham, Town of — Act respecting 53

Workmen's Compensation Act — Act to amend 125

Wroxeter, Village of — Act to annul Incorporation 40

Wyevale Presbyterian Church — Act respecting (\yithdrawn) 59

York, Township of — Act respecting „ 34

Y.M.C.A., Kitchener- Waterloo (See Kitchener).
Y.M.C.A., St. Catharines (See St. Catharines).
Y.W.C.A., St. Catharines (See St. Catharines).

No. 1. , 1928.

BILL

An Act respecting the Town of New Toronto.

WHEREAS the municipal council of the corporation of Pi'eambie.
the town of New Toronto has by petition represented
that in compliance with the requisition of the public library
board of the said town of New Toronto, By-law No. 675
was passed by the council of the said town on the 12th day
of September, 1927, for the purpose of raising $15,300 for
the erection and equipping of a building for public library
purposes; and whereas it is desirable that such by-law set
out as schedule "A" hereto, and the debentures issued or
to be issued thereunder be validated and confirmed ; and
whereas the said corporation by its petition has prayed that
an Act may be passed for such purpose; and whereas it is .
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

1. This Act may be cited as The Town of New Toronto Short title.
Act, 1928.

2. By-law No. 675 of the corporation of the town of New By-law
Toronto set out as schedule 'A" to this Act, and all debentures confirmed,
issued or to be issued thereunder are hereby confirmed and
declared to be legal, valid and binding upon the corporation

and the ratepayers thereof.

3. The debentures and all moneys arising from the sale ^/^P^jj^^^^jg^
thereof shall be applied for the purpose of acquiring a site of de-
and of erecting the necessary buildings according to the

tenor of the said by-law, and for no other purpose.

4. This Act shall come into force on the day upon which Commence-
., • , , T^ , - ^ ment of Act.

It receives the Royal Assent.

SCHEDULE "A."

Town of New Toronto By-law No. 675.

A by-law to authorize the issue of public librarj^ debentures to the amount
of $15,300.00, for the erection and equipping of a building for public
library purposes.

Whereas by The Public Libraries Act the Council may on a requisition
of the Public Library Board raise by a special issue of debentures of the
municipality to be termed "Public Library Debentures" such sums as
may be required for the purpose of acquiring a site or of erecting the
necessary buildings;

And whereas the Public Library Boa''d of the Town of New Toronto
have applied to this Council to raise or borrow the sum of $15,300.00 for
the purpose of erecting and equipping a library building;

And whereas it is necessary to raise by way of loan on the credit of
the said Corporation a sum of $15,300.00 for the said purposes;

And whereas the amount of the whole rateable property of the Town
of New Toronto according to the last revised assessment roll of the said
Town of New Toronto, is $7,106,444, including $3,447,307 liable for
taxation for school purposes only, and which is exempt from general
taxation ;

And whereas the amount of the existing debenture debt of the Corpora-
tion exclusive of local improvement debts secured by special rates or
assessments, is $745,271.84, and none of the principal or interest is in
arrear;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during a period of twenty years from the date
of issue of the said debentures of ouch amounts respectively that the
aggregate amount payable for principal and interest in any year shall be
equal as nearly as may be to the amount payable for principal and interest
in each of such other years;

And whereas it will require the sums set forth in the schedule contained
in Section III hereof to be raised only for a period of twenty years, the
currency of the debenture to be issued under and by virtue of this by-law,
to pay the yearly sums of principal and interest as they shall fall due;

And whereas the sum of $15,300.00 is the debt intended to be created
by this by-law;

And whereas it is necessary that such annual sums shall be raised and
levied in each year during the said period of twenty years by a special
rate sufficient therefor on all the rateable property in the municipality
of the Town of New Toronto.

Therefore the Council of the Town of New Toronto enacts as follows:

It shall be lawful for the Mayor and Treasurer to raise by way of loan
upon the security of the debentures hereinafter mentioned from any
person, or persons, body, or body corporate who may be willing to advance
the same upon the credit of such debentures, a sum of money not exceeding
in the whole the sum of $15,300.00, and to cause the same to be paid into
the hands of the said Treasurer for the purposes and with the objects
above recited.

II.

It shall be lawful for the Mayor and Treasurer to cause any number of
debentures to be made for such sums of money as may be required for the
purposes aforesaid, and the said debentures as to both principal and

interest shall be expressed in Canadian currency and may be payable at
any place or places in Canada or Great Britain, and the said debentures
shall be sealed with the seal of the Corporation and shall be signed oy the
Mayor and Treasurer. The signature of the Treasurer upon the coupons
may be written, stamped, lithographed or engraved.

III.

The said debentures shall bear date the 1st day of October, 1927, and
shall be made payable in twenty annual instalments during the twenty
years after the 1st day of Octooer, 1927, and shall be made payable in
Canadian currency in Canada, Great Britain or elsewhere, and shall
have attached to them coupons for the payments of interest with a fac-
simile of the signature of the Treasurer stamped, engraved or lithographed
thereon, and the respective amounts of principal and interest payable in
each of such years shall be as follows:

Schedule of Annual Payments of Principal and Interest and thb
Sum to be Raised and Levied.

No. Principal Interest Total

1 $462 71 $765 00 $1,227 71

2 485 85 741 86 1,227 71

3 510 15 717 56 1,227 71

4 535 65 692 06 1,227 71

5 562 43 665 28 1,227 71

6 590 55 637 16 1,227 71

7 620 08 607 63 1,227 71

8 651 09 576 62 1.227 71

9 683 64 544 07 1,227 71

10 717 82 509 89 1,227 71

11 753 70 474 01 1,227 71

12 791 41 436 30 1,227 71

13 830 97 396 74 1,227 71

14 872 50 355 21 1,227 71

15 916 14 311 57 1,227 71

16 961 97 265 74 1,227 71

17 1,010 05 217 66 1,227 71

18 1,060 56 167 15 1,227 71

19 1,113 57 114 14 1,227 71

20 1,169 16 58 55 1,227 71

IV.

The said debentures shall bear interest at the rate of five per cent.
(5%) per annum from the 1st day of October, 1927, which interest shall
be payable yearly on the 1st day of October in each year at the place
where the said debentures are made payable.

During the currency of the debentures to be issued under the authority
of this by-law the sum set forth in section III hereof shall be raised and
levied annually by a special rate in the dollar upon all the assessed value
of all the rateable property in the Town of New Toronto for payment of
the said instalments of principal and interest as provided by the schedule
herein set forth.

VI.

The debentures may contain any clause providing for the registration
thereof authorized by any statute relating to municipal debentures in
force at the time of the issue thereof.

VII.
This by-law shall take effect on, from and after the passing thereof.
Passed this 12th day of September, 1927.

(Sgd.) G. C. Warner,

Mayor.

(Sgd.) W. H. C. Millard,
Clerk.

: ET
a'

l-t
o

•I

t— '

•<:

h-»

«i

Pi.

0^5

1— k

t— »

o
o n>

0-"
ft p ^J

crq

No. 2.

1928.

BILL

An Act respecting the Municipality of Shuniah.

WHEREAS the corporation of the municipality of Preamble.
Shuniah, in the district of Thunder Bay, has by its
petition prayed for special legislation confirming all tax
sales held by it prior to the 31st day of December, 1926, and
whereas it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

1 . This Act may be cited as The Municipality of Shuniah Short titi«.
Act, 192^.

2. All sales of lands within the municipality of Shuniah, coniirma-
held prior to the 31st day of December, 1926, and which sales °and^
purport to be made by the corporation of the said muni-*^®®^^'
cipality, or any official or officials thereof, for arrears of

taxes in respect to the lands so sold, are validated and con-
firmed, and all deeds of lands so sold, executed by the reeve
and treasurer of the said municipality, purporting to convey
the said lands so sold to the purchaser thereof, or his assigns,
are validated and confirmed, and shall have the effect of
vesting the lands so sold and conveyed or purported to be
sold and conveyed, and the same are vested in the purchaser
or his assigns and his and their heirs and assigns, in fee
simple, free and clear of and from all right, title and interest
whatsoever of the owners thereof at the time of such sale, or
their assigns, and of all charges and encumbrances thereon
except taxes accrued since those for non-payment whereof
the said lands were sold.

3. Section 2 shall extend and apply to cases where the where muni-
municipality or any one in trust for it or on its behalf became pun)h^er.
the purchaser of the lands.

4. Nothing in this Act contained shall affect any action, pending
litigation or other proceeding now pending, but the same "of |ff°^ted.

may be proceeded with and finally adjudicated upon in the
same manner and to the same extent as if this Act had not
been passed.

I u>°LndB^^ ^ 6. This Act shall not apply to lands forfeited to the Crown

{ Sr ®Rev under The Mining Tax Act.

I Stat., c. 28.

I SentTf'^Aot ®' '^^^® ^^* ®^^^^ come into force on the day upon which

I it receives the Royal Assent.

-1

rt-

S '^

ero B

««'??

go.

0 0*

H
0

^r*

£.

rt*

»♦
v;

h-k

0
rf

•-t

•0

00 s

CK!

0
rf

0 -

t— 1

org >-*

2. rf

<-f

p 3*

•5

:h Legislatur
V, 1928.

B-

rf
*<

No. 3.

1928.

BILL

An Act respecting the Township of Tisdale.

WHEREAS the corporation of the township of Tisdale Preamble,
has by its petition represented that there is a floating
indebtedness of the township of Tisdale amounting to the
sum of $100,000, which has been accumulating for several
years, by reason of expenditures heretofore made and required,
interalia, for the repairing of roads and sidewalks, torn
up in the installation of sewage and waterworks systems,
for fire hose, snow-plough, police car, and other equipment
and for roads and bridges and for other purposes within the
powers of the council, and being for the benefit of the rate-
payers; and to meet such extraordinary expenditures the
said sum of $100,000 has been borrowed from the Imperial
Bank of Canada from time to time; which floating indebted-
ness, if paid out of the current revenue would unduly burden
and be oppressive upon the ratepayers of the said township
of Tisdale and the said township of Tisdale has prayed that
the said floating debt of $100,000 may be consolidated, and
that the borrowing of sufficient money by the issue of de-
bentures by the said Corporation to discharge the said debt
may be authorized; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Tisdale Short title.
Act, 1928.

2. The floating debt of the corporation of the township of J^^^*^^*.
Tisdale is consolidated at the sum of $100,000, and the said |oi}gaJ«d at
corporation may borrow by a special issue of debentures a

sum not exceeding $100,000 for the purpose of paying the
said floating debt.

3. The said debentures shall be made payable in r^ot J®^^^^^.^
more than twenty years from the date of issue thereof and

shall bear interest at a rate not exceeding five and one-half
per centum per annum, and may be issued either with or
without coupons attached thereto for interest, and shall be
payable at such place or places as the corporation deems
expedient, and shall bear date the 15th day of October, 1927.

Equal 4, The said debentures shall be payable in equal annual

fnB"aiment8 instalments of principal and interest in such manner and of
2i<f iSerelt. such amounts that the 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 the period within which the said debt is
to be discharged.

Special rate. 5. The said corporation shall levy in each year during the
period within which the said debt is payable, in addition to
all other rates, a special rate sufficient to produce and pay
the annual instalments of principal and interest falling due
upon the said debentures.

Application 6. The debentures and all monies arising from the sale
thereof shall be applied in payment of the said floating debt
and for no other purpose.

Assent of
electors not
required.

Rev. Stat.,
o. 233.

7. It shall not be necessary to obtain the assent of the
electors of the township of Tisdale to the passing of any
by-law which shall be passed under the authority of this Act,
or to observe the formalities in relation thereto prescribed
by The Municipal Act.

Irregularity 8. No irregularity in the form of the said debentures or
to Invalidate, any of them, or of any by-law authorizing the issue thereof
shall render the same invalid or illegal or be allowed as a
defence to any action brought against the said corporation
for the recovery of the said debentures or interest, or any
part thereof; and the purchaser or holder thereof shall not
be bound to enquire as to the necessity of passing such by-law
or issuing debentures or as to the application of the proceeds
thereof.

Treasurer to
keep proper
books of
account.

9. It shall be the duty of the treasurer for the time being,
of the said township to keep, and it shall be the duty of each
of the members, from time to time, of the council to procure
such treasurer to keep, and see that he does keep, a proper
book of account, setting forth a full and particular statement,
so that the same shall at all times show the number of de-
bentures which from time to time shall be issued under the
powers conferred by this Act, and the respective amounts
payment of which is thereby secured, and the times at which
the said debentures shall respectively become due and pay-

) 1

able, and the several amounts which shall, from time to time,
be realized from the sales or negotiations of the said debentures
and the application which shall from time to time, be made of
the said amounts; and the said book of account and state-
ment shall at all times, and at all reasonable hours, be open
to the inspection of any ratepayer of the said township, and
of any of the holders, from time to time of the debentures
which shall be issued under the powers hereby conferred, or
any of such debentures.

10. This Act shall come into force on the day upon which Commence-
it receives the Royal Assent. "^^""^ °' ^°*-

i:^ "0

Ck>

H- '

Cfi

■Q-

r-h

?^ J^ 5*

(T)

CL a

h-t •

crp

Cfp

1-4

vO O O

t>J tS) tvJ

00 00 00

ft)
en

•o

fD
o

rj-
5'

(yq

ri-

H
o

3*
O

1—1

C/3

h-»

H- '

orq

ft)

h-<^

ftl

Q2_

M.'

■-t

No. 4.

1928.

BILL

An Act respecting the City of Brantford.

WHEREAS the corporation of the city of Brantford has Preamble,
by petition represented that it is desirable that the
Housing Commission of the city of Brantford be authorized
to sell to any person or persons, or any company or corpora-
tion, any or all of the houses erected by the said Commission
by public or private tender or by public auction or by private
sale, and that the council of the corporation of the city of
Brantford be enabled to borrow money from time to time on
debentures of the said corporation payable within five years
from their date of issue (without submitting such by-law for
the issue of same to the electors for their assent) to provide
an amount equal to the difference between the sale price of
such houses as may be sold for less than the actual cost
thereof and the actual cost thereof, and to authorize the said
commission to rent said houses; and to validate By-law
No. 2104 of the corporation of the city of Brantford to
provide a pension to Sergeant John Wallace; and whereas
the said corporation has by its said petition prayed that an
Act may be passed for the purposes aforesaid; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The City oj Brantford Act, 1928. short title.

2. — (1) The Housing Commission of the city of Brantford |'g'^J^^J"j.^°j^
may, with the consent of the council of the corporation of the houses.
city of Brantford, from time to time, sell to any person or
persons or any company or corporation, any, or all of the
houses erected by the said commission, by public or private
tender, or by public auction, or by private sale, at such
prices, which may in any case be less than the actual cost
thereof, and upon such conditions and terms of payment as
may be approved of by the said council, and the sales of any
houses erected by the said commission which have been sold
for less than the actual cost thereof, are hereby ratified and
confirmed.

Power to
issue de-
bentures.

(2) The council of the corporation of the city of Brantford
may provide for borrowing money from time to time upon
debentures of the said corporation, payable within five years
from their date of issue (without submitting the by-law for
the issue of the same to the electors for their assent) such
sum or sums of money as may be necessary to produce an
amount equal to the difference between the sale prices of
such houses, which have been sold, or may be sold, for less
than the actual cost thereof, and the actual cost thereof.

Power to
rent.

By-law
No. 2104
confirmed.

(3) The said commission, pending the sale of any houses
which are, or shall, remain unsold, or which it may be neces-.
sary for the said commission, from time to time to resell,
may rent to any person or persons or any company or corpora-
tion such houses from time to time, for such terms and at
such rentals and upon such conditions as the council of the
said corporation shall approve of.

3. By-law No. 2104 of the corporation of the city of
Brantford, passed on the nineteenth day of December, 1927,
entitled "A By-law to provide a pension for Sergeant John
Wallace," contained in schedule "A" hereto, is hereby ratified
and confirmed, and is declared to be legal, valid and binding
upon the said corporation.

Commence-
ment of Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE "A."

By-law No. 2104 of the Corporation of the City of Brantford.
To provide a pension for Sergeant John Wallace.

Whereas the Municipal Council of the Corporation of the City of
Brantford desires to provide a pension for Sergeant John Wallace in
recognition of upwards of forty years' faithful and diligent service to the
City of Brantford upon his retirement on account of ill health;

Therefore the Municipal Council of the Corporation of the City of
Brantford enacts as follows:

1. A pension in the sum of one thousand dollars ($1,000.00) per annum
payable in equal monthly instalments commencing on the first day of
October, 1927, shall be paid to Sergenat John Wallace during the remainder
of his lifetime, in recognition of his diligent and faithful service to the
Corporation of the City of Brantford.

Passed this 19th day of December, 1927.

(Sgd.) J. A. D. Slemin,

Mayor.

(Sgd.) Ella Rand,

City Clerk pro tent.

n >~i

5* 7 ?d
o.' 3- O

3. '^

U» to h-*

•3 3 cn

D- O, --^

?0 ?d 173

n (t a

P p P

(:l Cu cl

p' 5' 5"

W crq crq

\0 vo vo

Ni to to

00 00 00

►t

0
el-

l-t

s'
C/Q

(-+

•

I— f
r

D-

C/)

I— ' fD
00 ^

fD 3

O -

f^ ri-

- r

OCT?
• P

No. 4.

1928.

BILL

An Act respecting the City of Brantford.

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The City of Brantford Act, 1928. short title.

2. — (1) The Housing Commission of the city of Brantford ^g°j^^^j.[°.j^
may, with the consent of the council of the corporation of the houses.
city of Brantford, from time to time, sell to any person or
persons or any company or corporation, any, or all of the
houses erected by the said commission, by public or private
tender, or by public auction, or by private sale, at such
prices, which may in any case be less than the actual cost
thereof, and upon such conditions and terms of payment as
may be approved of by the said council, and the sales of any
houses erected by the said commission which have been sold
for less than the actual cost thereof, are hereby ratified and
confirmed.

Power to

rent.

(2) The said commission, pending the sale of any houses
which are, or shall, remain unsold, or which it may be neces-
sary for the said commission, from time to time to resell,
may rent to any person or persons or any company or corpora-
tion such houses from time to time, for such terms and at
such rentals and upon such conditions as the council of the
said corporation shall approve of.

By-law

No. 2104
confirmed.

Commence-
ment of Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE "A."

By-law No. 2104 of the Corporation of the City of Brantford.
To provide a pension for Sergeant John Wallace.

Therefore the Municipal Council of the Corporation of the City of
Brantford enacts as follows:

Passed this 19th day of December, 1927.

(Sgd.) J. A. D. Slemin,

Mayor.

(Sgd.) Ella Rand,

City Clerk pro tern.

5" !? w

crq 3. ^

X
o
n

3 ^

i S
1 Pi-

C*i to ►-*

*t 3 03

?o ;?3 j^

fn fo ft>

p fU p

CL cu D-

3" 5' 5'

oq CfQ crq
I—'

cr
i-t

c
p

\0 >0 vo
Ni ts3 bo

cx> 00 00

>
>

I— H

(/)

1— »■

22.

-a

(-1-

■*

1— '

vocrq

No. 5. 1928.

BILL

An Act respecting the Town of Port Hope.

WHEREAS the municipal corporation of the town of Preamble.
Port Hope has by its petition represented that certain
by-laws, the particulars of which are shown in the schedule
hereto annexed marked "A," were duly passed by the council
of the said corporation; that certain doubts have arisen as
to the validity of the said by-laws; and that it is desirable
that the said by-laws and the debentures issued or to be
issued thereunder should be validated and confirmed; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario enacts as follows :

1. This Act may be cited as The Town oj Port Hope Act, Short title;
1928.

2. The by-laws of the municipal corporation of the town certain
of Port Hope, the particulars of which are shown in the^^^^^^^^
schedule hereto annexed marked "A," and all debentures

issued or to be issued thereunder are hereby confirmed and
declared to be legal, valid and binding upon the said corpora-
tion and the ratepayers thereof.

3. This Act shall come into force on the day upon which commenoe-
it receives the Royal Assent. °'®''* °' ^^*-

SCHEDULE "A."

(c) By-law No. 1365, passed on the 24th day of October, 1927, authoriz-
ing the issue of debentures to the amount of $11,041.19 for certain sewers
constructed as local improvements.

(b) Bj^-law No. 1367, passed on the 21st day of November, 1927,
authorizing the issue of debentures to the amount of $64,857.07 for
certain sewers and pavements constructed as local improvements.

(c) By-law No. 1372, passed on the 22nd day of December, 1927,
authorizing the issue of debentures to the amount of $77,725.25 for certain
pavements constructed as local improvements.

C". "^

crt}^

CD*

D-

S
.»

c
o

C/J

I—'

■n

(-t

7^ 7^^

rt)

CL CL

Q-

CTQ

(JQ

OfQ

vO vO vO
ho to t>o

00 00 00

rt_
5'

orq

i-h

3-
(T>

■I

orq

►— k

<-t-

\0 OTQ

lii'JIIB-,

No. 6. 1928.

BILL

An Act respecting the City of Hamilton.

WHEREAS the corporation of the city of Hamilton has Prea^nbie.
by petition prayed for special legislation in respect
to the matters hereinafter set forth ; and whereas it is expedient "^

to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The City of Hamilton Act, 1928. short title.

2. The council of the corporation of the city of Hamilton, ?ower to

•1 1-- 1 1 1 ,./-, issue de-

may without submittmg the same to the electors qualified to bentures

vote on money by-laws, pass a by-law or by-laws for borrowing purposes.

the sum of $183,500, by the issue and sale of debentures

payable at any time within thirty years, for the following

purposes, namely, —

(a) The acquiring of certain lands, being part
of lot No. 28 in the 2nd Concession of the
township of Saltfieet in the county of
Wentworth, for the establishment of an
extension to the Hamilton cemeteries, the
sum of $58,500

(6) The erection of extensions and additions
to the "Home for Aged and Infirm" (House
of Refuge) to provide additional accom-
modation, the sum of 125,000

$183,500

3. — (1) Notwithstanding anything contained in any Act ^hl Ra*iiway
or order of The Railway and Municipal Board, or in any^^^ .^.
by-law of the council of the corporation of the city of Hamil- Board to
ton, the said board, in order to grant relief to the lands certain
affected may, at any time or times, with the consent of the°^ ^^^'
council of the corporation of the city of Hamilton, amend
in any respect by a further order or orders, the terms of the

annexation orders issued by the said board, dated the 26th
day of January, 1914, the 18th day of March, 1920 and the
11th day of March, 1924, annexing to the said city certain
lands formerly in the township of Barton, in the county of
Wentworth, and also the terms of any amendments to said
orders made by the said board.

^pp^iication (2) Any application to the board to amend any of the said
ment. orders, may be made by the council or by at least twenty of

Agreement
with

Hamilton
Harbour
Com-
missioners
ratified.

Certain

agreements

ratified.

Rev. Stat.,
c. 317.

Agreement

with

T. Eaton

Company

Limited,

ratified. .

Commence-
ment of Act.

the resident owners in any of the areas affected.

4. The agreement made between the corporation of the
city of Hamilton and the Hamilton Harbour Commissioners,
dated the 2nd day of November, 1927, as set forth in schedule
"A" to this Act, is hereby ratified and confirmed and declared
to be legal, valid and binding upon the parties thereto, and
the said parties are hereby empowered to carry out their
respective obligations and exercise their respective privileges
thereunder.

5. The agreement made between Reverend William T.
Hallam, L. E. Wedd and C. A. Powis, being the Rector and
Church Wardens of the Church of the Ascension in the city
of Hamilton, and the corporation of the city of Hamilton,
dated the 9th day of November, 1927, as set forth in schedule
"B" to this Act, and the agreement made between Very
Reverend L. W. B. Broughall, Stuart S. Dumoulin and
C. E. Bull, being the Rector and Church Wardens of Christ's
Church Cathedral in the said city, and the corporation of the
city of Hamilton, dated the 9th day of November, 1927, as
set forth in schedule "C" to this Act, are hereby ratified and
confirmed and declared to be legal, valid and binding upon
the parties thereto, and the said parties are hereby empowered
to carry out their respective obligations and exercise their
respective privileges thereunder, and the lands described in
said agreements, shall upon delivery of the conveyances to
the city corporation mentioned in said agreements vest in
the corporation of the city of Hamilton, for the purpose of
extending the Hamilton cemeteries, subject to the provisions
of The Cemetery Act and regulations made thereunder, freed
from all liens and charges whatsoever.

6. The agreement made between the corporation of the "^
city of Hamilton and T. Eaton Company, Limited, dated the
27th day of December, 1927, as set forth in schedule "D"
to this Act, is hereby ratified and confirmed and declared to
be legal, valid and binding upon the parties thereto, and the
said parties are hereby empowered to carry out their respective
obligations and exercise their respective privileges thereunder.

7. This Act shall come into force on the day upon which
it receives the Roval Assent.

;!4

SCHEDULE "A."

This Agreement made the second day of November, 1927.

Between:

The Hamilton Harbour Commissioners,
Hereinafter called the "Commissioners,"

of the first part;

and

The Corporation of the City of Hamilton,
Hereinafter called the "City,"

of the second part.

Whereas by an Act of the Parliament of Canada, being Statutes of
Canada, 2 Geo. V. (1912), Chapter 98, incorporating the Hamilton
Harbour Commissioners the "Commissioners" were, for the purposes
of and as provided in the said Act more particularly by Section 20 thereof
given jurisdiction within the limits of the Harbour of Hamilton and
empowered to make by-laws for the imposition and collection of rates,
tolls and penalties and to commute any rates authorized by the Act to
be levied, on such terms and conditions and for such sums of money as
the "Commissioners" deem expedient.

And whereas the "Commissioners" have duly passed by-laws numbers
29 and 30 for imposing and collecting certain rates, which said by-laws
were duly confirmed as required by the said Act and the" City' ' has requested
and it has been agreed by and between the parties hereto that in commuta-
tion of the imposition and collection of said rates by the "Commissioners"
the "City" shall for a period of ten years, commencing the 1st January,
1928, make an annual payment to the "Commissioners," such annual
payment to be $10,000 for the years 1928, 1929, 1930, 1931 and 1932 and
$12,000 for the years 1933, 1934, 1935, 1936, and 1937, at the times and
upon the terms and subject to the conditions hereinafter reserved and con-
tained.

Now this agreement witnesseth as follows:

1. The "Commissioners" hereby covenant and agree to and with
the 'City" that annually for the years 1928 to 1937 inclusive the rates
authorized to be imposed, levied and collected pursuant to the p«-ovisions
of said By-law Number 29, confirmed by an Order-in-Council on the 8th day
of October, A.D. 1913, or any other by-law of the "Commissioners"
noworhereafter passed shall be commuted upon payment of the saidsumas
hereinafter provided. Provided however that this Agreement or any
provision or condition herein contained shall not in any way restrict,
prohibit or affect the imposition or collection of any charges, rates, tolls
or rentals now or hereafter imposed by the "Commissioners" for wharfage,
storage, warehousing or service charges for the use or occupation of any
of the lands of the "Commissioners" or within their administration, or of
the premises and appurtenances thereto or any interest therein or any
buildings or erections thereon.

2. The "City" hereby covenants and agrees with the "Commissioners"
that the "City" will make an annual payment to the "Commissioners," as
follows:

For the years 1928 to 1932 inclusive, an annual payment of $10,000.

For the years 1933 to 1937 inclusive, an annual payment of $12,000.

Such annual payments shall be made on or before the first day of March
in each and every year during the continuance of this Agreement.

Provided such payments are duly made on the said dates the "Com-
missioners" shall for the then current year commute (save as agreed by the
preceding proviso) the rates authorized by said by-law 29 or any other
by-law hereafter passed for their imposition and collection, and time is
of the essence of this Agreement.

3. This Agreement shall have no force and effect (a) until confirmed
as required by and pursuant to section 20 of the said Act, and (b) until
the "City" is duly authorized to enter into such agreement by an Act
of the Legislature of the Province of Ontario.

In witness whereof the parties hereto have hereunto set their hands
and seals under the hands of their proper officers.

Signed, Sealed and Delivered

in the presence of

The Hamilton Harbour Commissioners.

(Sgd.) Wm. Ainslie,

Chairman.

[Seal.

(Sgd.) Thos. Cook,

Secretary.

The Corporation of the City of Hamilton.

Seal.

(Sgd.) F. F. Treleaven,

Mayor.

(Sgd.) S. H. Kent,

City Clerk.

li.

SCHEDULE "B."

This agreement made In duplicate this ninth day of November, 1927,
between :

Reverend William T. Hallam, L. E. Wedd, and C. A. P.

Powis,
all of the city of Hamilton in the county of Wentworth, being
the Rector and Church Wardens of the Church of the Ascension
in said city of Hamilton,

of the first part;
and

The Corporation of the City of Hamilton,

of the second part.

Whereas by Deed dated the twenty-first day of July, 1876, Curtis
Strong Chittenden of the said city of Hamilton, Dentist, and Caroline
Young Chittenden, his wife, conveyed to the Rector and Church Wardens
of the Church of the Ascension the lands and premises hereinafter secondly
described.

And whereas by Deed bearing date the twenty-ninth day of April,
1893, Charles Lemon of the said city of Hamilton, Gentleman, conveyed
the lands and premises firstly described to the Incumbent and Church
Wardens of the said Church of the Ascension.

And whereas the lands and premises herein described were purchased
for the purpose of converting the same as a Cemetery.

And whereas all the land hereinafter described suitable for cemetery
purposes has been sold and the parties of the first part have been paying
the Board of Managers of Hamilton Cemetery Sixty Dollars ($60.00) a
year for superintending the said lands and premi-ses, under an agreement
between the parties hereto dated the first day of Aoril, 1892, and confirmed
by By-law No. "S3" of the party of the second part, passed on the
thirteenth day of June, 1892.

And whereas by an Agreement dated the thirtieth day of May, 1893,
duly authorized by By-law No. 629 of the council of the corporation of the
city of Hamilton passed on the thirteenth day of June, 1892 and By-law
No. 53 of the Revised By-laws, 1910, the parties of the first part have
been paying annually to the city corporation the sum of Sixty Dollars
($60.00) towards payment of the salaries of the superintendent and
assistants of the Hamilton Cemeteries, and rules and regulations respecting
the said Cemetery were agreed upon; and it is agreed that the said
Agreements should be terminated upon the delivery of the Deeds of the
lands hereinafter described.

This Agreement witnesseth that in pursuance of the premises and in
consideration of the sum of One Dollar of lawful money of Canada now
paid by the party of the second part to the parties of the first part, the
receipt whereof is hereby by them acknowledged, the parties of the first
part agree to convey to the party of the second part all and singular
those certain parcels or tracts of land and premises, situate, lying and
being in the city of Hamilton in the county of Wentworth and in the
Province of Ontario, being composed of part of the land laid out by
William Onyon, known as Vauxhall Gardens and registered in the Registry
Office for the county of Wentworth as Plan No. 75, which parcels are shown
coloured "red" on the attached plan and may be more particularly described
as follows, that is to say:

Firstly, the whole of lot fifty-two (52) as shown on the said Registered
Plan No. 75.

Secondly, the whole of that parcel shown on said Plan No. 75 marked
"Cemetery," which parcel may be more particularly described as follows,
that is to say:

Premising that the bearing of York Street as shown on the said Plan
No. 75 to be south eleven degrees and forty-five minutes east (S. 11°
45' E.) then commencing at the northeast angle of Lot Seventeen (17)
as shown on said Plan No. 75 ; thence on a course north eighty-six degrees

and fifteen minutes west (N. 86° 15'W.) four hundred and fifty feet
(450'), thence on a course south four degrees and ten minutes west
(S. 4° 10' W.) one hundred and twenty feet (120'), thence on a course
south thirty degrees west (S. 30° W.) sixty feet (60') more or less to the
northeast angle of Lot Fifty (50) as shown on said Plan No. 75, thence
following the northern limit of Lots Fifty, Fifty-one and Fifty-two (50,
51 and 52) on a course north sixty-one degrees and ten minutes west
(N. 61° 10' W.) one hundred and thirty-three feet, thence on a course
north eighty-six degrees and fifteen minutes west (N. 86° 15' W.) along
the northern limit of Lot Fifty-two (52) seventeen feet (17'), thence
following along the western limit of Lot Fifty-two (52), one hundred and
fifteen fe^t (115') to the northern limit of Jones Street thence on a course
north sixty-one degrees and ten minutes west (N. 61° 10' W.) along the
northern limit of Jones Street, one hundred and sixty-four feet six inches
164' 6") to the southeast angle of that portion marked "Reserve" on the
said plan, thence along the easterly limit of said "Reserve" on a course
north two degrees east (N. 2° E.) three hundred and thirty-seven feet
(337') to the northern limit of said "Vauxhall Gardens Survey," thence
along the northe'-n limit of said Su'-vey on a cou'-se south eighty-six degrees
and fifteen minutes east (S. 86° 15' E.) seven hundred and sixty-five
feet (765') to the western limit of York Street, thence on a course south
eleven degrees and forty-five minutes east (S. 11° 45' E.) along the
western limit of York Street, one hundred and eighty-five feet (185')
more or less to the place of beginning, by a Deed under the Short Forms of
Conveyances Act and containing no covenants express or implied other
than the covenant "and the said Grantors release to the said Grantee al)
their claims to the said Lands," said Deed also to be subject to the Deeds
of Graves which the Grantors and their predecessors in title have hereto-
fore given.

And it is hereby agreed by and between the parties hereto that upon
the delivery of the conveyance of the said lands to the City Corporation;

(a) The Agreements of the 30th April, 1892 and the 30th day of May,
1893 above referred to shall be terminated and put an end to and the
parties of the first part shall thereupon be relieved of all further obligations
to the party of the second part in respect of the .said lands.

(b) That all receipts from said lands shall thereafter belong to the
City Corporation, including receipts from the sale of lots and for "per-
petual care fund," and that the parties of the first part shall make no
claim therefor — and

The parties of the first part agree to join in any application to the
Legislature of the Province of Ontario that the party of the second part
may consider necessary to confirm this Agreement or proposed Deed, the
party of the second part to bear the expense of such legislation, the
parties of the first part making no claim for any expense against the
party of the second part.

In witness whereof the parties hereto of the first part have hereunto
set their hands and seals and the party of the second part its corporate
seal under the hands of its proper officers.

Signed, Sealed and Delivered,
in the presence of

A. B. HiGGINSON,

as to W. T. Hallam and L. E. Wedd.
Fred R. Smith.

W. T. Hallam, (seal.)
L. E. Wedd, (seal.)
C. A. P. Powis, (seal.)

The Corporation of the City of Hamilton,

(Sgd.) F. F. Treleaven,

Miiyor.
(Sgd.) S. H. Kent,

City Clerk.
( seal.)

SCHEDULE "C."

This Agreement made in duplicate this ninth day of November, 1927.

Between:

Very Reverend L. W. B. Broughall, Stuart S. Dumoultn

AND C. E. Bull,
all of the city of Hamilton in the county of Wentworth being the
Rector and Church Wardens of Christ's Church Cathedral.

of the first part;
and

The Corporation of the City of Hamilton,

of the second part.

Whereas by deed dated the 29th day of January, 1847, Sir Allan N.
MacNab conveyed to Miles O'Reilly and Hugh C. Baker, the then Church
Wardens of Christ's Church Cathedral, Hamilton, the lands and premises
hereinafter firstly described together with other lands.

And whereas the said lands and premises were purchased for the pur-
pose of converting the portion herein fi'-stly described as a cemetery.

And whereas the late Peter Carroll by his last will and testament
devised to the Rector of Christ's Church Cathedral and to his successors
as such Rector, lots numbers 16, 17, 18 and 19 on York Street in the city
of Hamilton with the appurtenances thereunto belonging. The one half
of the yearly rents or proceeds to be a perquisite to such Rector and the
other half to be distributed annually by him to the poor of his parish.

And whereas the Statute 5.3 Victoria Chapter 138, Ontario, authorized
the Rector and his successors in office to lay out as a cemetery said lots
numbers 16, 17, 18 and 19 and to sell and dispose of graves and cemetery
lots. And directed that the proceeds of sales of graves and '"emetery lots
shall be paid to the Rector or his successors in office as the case may be to
invest and keep invested the net proceeds of said sales and the income
derived therefrom shall as to one half be a perquisite to said Rector and
his successors in office and the other half shall be distributed annually to
the poor of the parish.

And whereas by an agreement dated the 30th May, 1893, duly
authorized by by-law No. 629 of the council of the corporation of the city
of Hamilton, passed on the 13th June, 1892, and by-law No. 53 of
the Revised By-laws 1910, the parties of the first part have been paying
annually to the City Corporation the sum of Sixty Dollars ($60.00)
towards payment of the salaries of the superintendent and assistants
of the Hamilton Cemeteries, and rules and regulations respecting the said
cemetery were agreed upon; and it is agreed that the said agreement
should be terminated upon the delivery of the deeds of the lands hereinafter
described.

And whereas the parties of the first part wish to enter into an agree-
ment with the party of the second part to convey the said lands and
premises to the party of the second part on condition that the parties of
the first part and their successors in office be relieved of all liability in
connection with said lands and premises and from the payment of the
said annual sum of Sixty Dollars ($60.00).

Province of Ontario, being composed of parts of lot nineteen in the First
and Second Concessions and of the road allowance between the First
and Second Concessions and of the Township of Barton, and lots 16, 17,
18 and 19, on the south side of York Street in Sir Allan MacNab's Survey,
which parcels are shown coloured "Yellow" on the attached plan and may
be more particularly described as follows, that is to say:

Firstly, all of that parcel of land conveyed to the Wardens of Christ's
Church by Sir Allan MacNab, in deed No. P. 669, dated January 29th,
1847, and registered January 30th, 1847, not heretofore granted, by
Sir A. N. MacNab and the Wardens of Christ's Church Cathedral to the
city of Hamilton in Deed No. B. 130 dated August 27th, 1848, and
registered October 7th, 1848 and the Wardens of Christ's Church Cathedral
to the Toronto, Hamilton and Buffalo Railway Company in Deed No.
63150, dated January 23rd, 1897, and registered March 8th, 1897, which
residue may be more particularly described as follows, that is to say:

Commencing at a point in the southern limit of lands described in
said instrument No. P. 669 distant three chains and fifty-five links
(3 c. 55 1.) measured westerly along the said southern limit from the
western limit of York Street, said southern limit being also the northern
limit of Wm. Onyon's Survey known, as Vauxhall Gardens. Thence on a
course, north thirteen degrees and thirty minutes west (N. 13° 30' W.)
parallel to the western limit of York Street four chains (4 c). Thence
on a course north eighty-six degrees and thirty minutes west (N. 86° 30' W.)
parallel to the southern limit of lands described in P. 669 ten chains and
ten links more or less (10 c. 10 1.) to the eastern limit of the right-of-way
of the Toronto, Hamilton and Buffalo Railway Company. Thence
southerly along the eastern limit of the said right-of-way two hundred and
seventy-three feet (273') more or less to the southern limit of lands described
in P. 669. Thence on a course south eighty-six degrees and thirty
minutes east (S. 86° 30' E.) along the said southern limit eleven chains and
sixty-one links (11 c. 61 1.) more or less to the place of beginning.

Secondly, being composed of the whole of lots 16, 17, 18 and 19 on
the south side of York Street in Sir Allan MacNab's Survey by a deed
under the Short Form of Conveyances Act and containing no covenants
express or implied other than the covenant "and the said grantors release
to the said grantee all their claims to the said lands" said deeds also to be
subject to the deeds of graves which the grantors and their predecessors
in title have heretofore given.

And it is hereby agreed by and between the parties hereto that upon
the delivery of the conveyance of the said lands to the City Corporation;

(a) The agreement of the 30th May, 1893 above referred to shall be
terminated and plit an end to — ■

(b) That all receipts from said lands thereafter belong to the City
Corporation, including receipts from the sale of lots and for "perpetual
care fund," and that the parties of the first part shall make no claim
therefor — ^and

The Rector and Church Wardens of Christ's Church Cathedral shall
at all times indemnify the City Corporation against any claims that may
be made bv the Rector of Christ's Church or others pursuant to the provi-
sions of the Last Will and Testament of the late Peter Carroll above
recited.

The parties of the first part agree to join in any application to the
Legislature of the Province of Ontario that the party of the second part
may consider necessary to confirm this agreement or proposed deed, the
party of the second part to bear the expense of such legislation, the parties
of the first part making no claim for any expense against the party of the
second part.

In witness whereof the parties hereto of the first part have hereunto
set their hands and seals and the party of the second part its corporate
seal under the hands of its proper officers.

Signed, Sealed and Delivered
in the presence of:

G. Y. Bellhouse,
Helene B. Wigmore.

L. W. B. Broughall [seal.
C. E. Bull [seal.

Stuart S. Dumoulin [seal.

The Corporation of the City of Hamilton,

[seal.

(Sgd.) F. F. Treleaven,

Mayor.

(Sgd.) S. H. Kent,

City Clerk.

\'\

SCHEDULE "D."

This Agreement made this 27th day of December, 1927.
Between :

The Corporation of the City of Hamilton,
hereinafter called the City

and

The T. Eaton Company Limited,
hereinafter called the Eaton Company,

of the first part;

of the second part;

WITNESSETH as follows:

1. The City agrees to sell to the Eaton Company and the Eaton
Company agrees to purchase from the City all and singular the lands and
premises described in Schedule "A" hereto annexed and edged in red on
the plan also hereto annexed and hereinafter called the 20-foot strip.

2. The City also agrees to grant.

(c) A right-of-way on foot or with vehicles in common with others
entitled thereto, for the Eaton Company, its successors and assigns, and
all parties having any business with it or them over a portion of the
Central Market property, being the lands and premises described in
Schedule "B" hereto annexed and edged in green, on the plan also hereto
annexed, and herinafter called the fifteen-foot strip and the further
right from time to time for the Eaton Company its successors and assigns,
and all parties having any business with it or them, of standing vehicles
which are being used at the time for commercial purposes on the fifteen-foot
strip but only for the purpose of enabling them to be loaded or unloaded.

(b) The right to have entrances from the said fifteen-foot strip to
any building at any time erected on the said twenty-foot strip, and/or on
the lands lying to the east of the twenty-foot strip, and mors particularly
described in Schedule "C" hereto annexed and edged in yellow on the
plan also hereto annexed.

(c) The right to place and maintain windows and other openings in
the west wall or walls of any building at any time erected or being erected
on the twenty-foot strip, and the right to light and air over the fifteen-foot
strip, but the City shall not be prevented from erecting buildings or
structures to any height immediately westerly of the fifteen-foot strip.

(d) The right to place and maintain cornices, window sills, and water
conductors above the first or ground floor on the west wall or walls of any
building referred to in Clause (c) of this paragraph, provided such cornices,
window-sills and water conductor pipes do not project or extend more than
twenty-four inches over the fifteen-foot strip.

(e) The right to place from time to time building plant and materials
temporarily on the fifteen-foot strip for the purpose of facilitating the
erection or repair of any building referred to in Clause (c) of this paragraph,
and/or any building on the lands, described in Schedule "C" hereto
annexed, but such right shall be exercised under the direction of and
subject to the approval of the Engineer and Building Inspector of the
City.

(/) The right to construct and maintain a sewer on and under the
fifteen-foot strip from the southerly end thereof to Merrick Street and to
connect the same with the City sewer.

(g) The right to construct and maintain on and under the easterly
portion of the fifteen-foot strip concrete footings for the purpose of sup-
porting steel columns of any building at any time erected or being erected

on the twenty-foot strip all work in connection therewith to be subject to
the approval and performed to the satisfaction of the Engineer and
Building Inspector of the City.

3. In the event of the City at any time hereafter desiring to close to
vehicular traffic those portions of the said Central Market property which
lie to the south, southeast, and southwest of the fifteen-foot strip and which
are now available for such traffic, the City shall before so closing the same,
grant an additional right-of-way on foot, or with vehicles in common with
others entitled thereto, for the Eaton Company, its successors and assigns,
and all parties having any business with it or them over a strip of land
at least twelve feet in width, leading from the souterly limit of the fifteen-
foot strip to York, Merrick, McNab or James Streets, or, in the alternative,
and in lieu thereof at the City's option, the right, in common with others
entitled thereto for the Eaton Company, its successors and assigns and
all parties having any business with it or them, to use a turning ground
for the purpose of turning vehicles at or near the southerly limit of the
fifteen-foot strip, such turning ground including a portion of the fifteen-
foot strip, and a portion of the lands situate to the west thereof, to be
forty feet in length (from north to south), and thirty feet in width.

4. Subject to the rights to be granted by the City as herinbefore
provided, such portions of the Central Market grounds as are not included
in the twenty-foot strip, shall remain under the full jurisdiction of the
City, and shall at all times be subject to regulations which may from time
to time be passed by the Council of the City, and except for the purpose
of loading or unloading as provided in Clause (a) of paragraph number two
hereof, no portion of the Central Market grounds over which such rights
are to be granted, may be used by the Eaton Company or by others as a
parking place for motor or other vehicles.

5. The Eaton Company shall pay to the City the sum of $100,000
upon delivery of possession and conveyances of the twenty-foot strip and
the rights herein provided for.

6. The City shall furnish a copy of the Registrar's Short Abstract of
Title and produce for in.spection all deeds, copies of deeds, or any other
evidence of title in its possession, and furnish copies of such deeds and
evidences of title to the Eaton Company.

7. The Eaton Company shall upon the execution of this Agreement
be deemed to have accepted the title of the City to the twenty-foot and
fifteen-foot strips, but subject always to the provision respecting legislation
herein contained.

8. The sale shall be completed and the conveyances and possession
given within three months after the assent is given to an Act of the Ontario
Legislature validating this Agreement.

9. The Eaton Company shall not re-let the Market stalls now on the
twenty-foot strip, but shall demolish them within six months after the date
on which it shall be given possession of the said strip.

10. The Eaton Company shall pay taxes on the twenty-foot strip
from the date of the completion of the sale.

11. The Eaton Company hereby agrees to surrender to the City on
the date of the completion of the sale all right to ancient lights, if any, in
respect of any window or windows in the southerly wall of the present
building on the lands now occupied by the Eaton Company north of the
lands of the City, together with any existing easement of any nature what-
soever affecting the lands of the City lying southerly of the Eaton Company
Building. Nothing in this agreement contained shall be so construed as
to prevent the City from having full and complete use and enjoyment of
its lands which are not affected by this agreement.

12. A certain agreement, dated the 11th day of September, 1923i
and registered as No. 256423 made between the City, the Arcade, Limitedi
and the Estate of Jane A. Bisby, shall be deemed to be cancelled as from
the date of completion of sale.

13. The rights to be granted as hereinbefore provided by paragraphs
2, 3, and 4 hereof, shall be granted in perpetuity to the Eaton Company
its successors and assigns, to the intent that such rights shall be appurten-
ances of the twenty-foot strip and/or the lands described in Schedule "C"
hereto annexed.

14. In case the City shall fail to obtain legislation validating this
agreement at the next ensuing session of the Ontario Legislature, this
agreement shall be null and void, and neither parties shall have any rights
against the other, except rights arising out of the agreement, dated the
1 1th day of September, 1923, hereinbefore referred to.

In witness whereof the parties hereto have executed these presents.

Signed, Sealed and Delivered
in the presence of:

The Corporation of the City of Hamilton,

(Sgd.) F. F. Treleaven,

Mayor.
(Sgd.) S. H. Kent,

City Clerk.

seal.

as to the
T. Eaton Co.

J. Elliott,

Toronto.

T. Eaton Co., Limited,
(Company seal)
H. McGee,

Vice-President.

J. J. Vaughan,

Secretary- Treasurer.

Description of Lands Referred to as Schedule "A".

All and singular that certain parcel or tract of land and premises,
situate, lying and being in the city of Hamilton, in the county of Went-
worth, in the Province of Ontario, being composed of part of lot number
four (4) in David Kirkendall's Survey, and part of what was formerly
known as Andrew Miller's seven acre tract in the block bounded by James,
Merrick, MacNab and York Streets, in the aforesaid city of Hamilton, and
which said parcel may be more particularly described as follows, that is
to say:

Commencing at a point in the southern limit of Merrick Street where
it is intersected by the production northerly of the western face of the
western wall of the store building occupied by the T. Eaton Co., said
point of intersection being distant one hundred and thirty feet and five and
one-quarter inches (130' 5J^") more or less measured westerly along the
said southern limit of Merrick Street from the westerly limit of James
Street.

Thence north seventy degrees and six minutes west (N. 70° 06' W.)
along the said southern limit of Merrick Street a distance of twenty feet
(20' 0") to a point.

Thence south seventeen degrees and fifty-three minutes west (S. 17°
53' W.) a distance of two hundred and nineteen feet and six inches (219' 6")
to a point distant twenty feet (20' 0") measured on a course of north
seventy degrees and six minutes west (N. 70° 06' W.) from the southwest
corner of the said store building now occcpied by The T. Eaton Co., Ltd.

Thence south seventy degrees and six minutes east (S. 70° 06' E.) a
distance of twenty feet (20' 0") to the southwest corner of the said store
building now occupied by the T. Eaton Co., Ltd.

Thence northerly along the said western face of the western wall of the
store building now occupied by The T. Eaton Co., Ltd., and the production
thereof northerly a distance of two hundred and nineteen feet and six
inches (219' 6") more or less to the place of beginning.

The above described parcel of land being further shown edged in red
on the attached plan.

Description of Land Referred to as Schedule "B".

All and singular that certain parcel or tract of land and premises,
situate lying and being in the city of Hamilton, in the county of Wentworth ,
in the Province of Ontario, being composed of part of lot number four (4)
in David Kirkendall's Survey, and part of what was formerly known as
Andrew Miller's seven-acre tract in the block bounded by James, Merrick,
MacNab and York Streets, in the aforesaid city of Hamilton, and which
said parcel may be more particularly described as follows, that is to say:

Commencing at a point in the southern limit of Merrick Street which
is distant twenty feet (20' 0") measured westerly thereon from the inter-
section of the production northerly of the western face of the western wall
of the store building now occupied by The T. Eaton Co., with the said
southern limit of Merrick Street, the last mentioned intersection being
distant one hundred and thirty feet and five and one-quarter inches
(130' 5}4") rnore or less, measured westerly along the said southern limit
of Merrick Street from the western limit of James Street.

Thence north seventy degrees and six minutes west (N. 70° 06' W.)
a distance of fifteen feet (15' 0") to a point.

Thence north seventeen degrees and fifty-three minutes east (N. 17°
53' E.) a distance of two hundred and nineteen feet and six inches (219' 6")
more or less to a point in the said southern limit of Merrick Street.

Thence south seventy degrees and six minutes east (S. 70° 06' E.)
along the said southern limit of Merrick Street a distance of fifteen feet
(15' 0") to the place of beginning.

The above described parcel of land being further shown edged in green
on the attached plan.

Description of Lands Referred to as Schedule "C".

All and singular that certain parcel or tract of land and premises
situate, lying and being in the city of Hamilton in the County of Went-
worth, in the Province of Ontario being composed of Lots Number One and
Two on the westerly side of James Street and part of Lot Number Four on
the southerly side of Merrick Street in the block bounded by James,
Merrick, MacNab and York Streets, in David Kirkendall's survey regis-
tered in the Registry Office for the County of Wentworth as plan No. 39,
and part of Andrew Miller's Seven acre tract as shown on plan filed in the
Registry Office for the County of Wentworth in Miscellaneous Drawer
Number Two and which may be more particularly described as follows,
that is to say:

Commencing at the intersection of the westerly limit of James Street
with the southerly limit of Merrick Street. Thence north seventy degrees
and six minutes west (N. 70° 06' W.) along the southerly limit of Merrick
Street one hundred and thirty feet and five and one-quarter inches
(130' 514") more or less to an intersection with the production northerly of
the westerly face of the westerly wall of the building erected on the lands
herein described and now occupied by the T. Eaton Co., Limited. Thence
southerly to and along the said westerly face of the westerly wall of the
aforesaid building two hundred and nineteen feet and six inches (219' 6")
more or less to the south westerly angle of the said building. Thence
easterly along the southerly face of the southerly wall of the said building,
one hundred and thirty feet and two inches (130' 2") more or less to the
westerly limit of James Street, thence north eighteen degrees east
(N. 18°E.) along the westerly limit of James Street two hundred and
fourteen feet and eleven and one-quarter inches (214' llj^") more or
less to the place of beginning. (Note the bearings in this description are
referenced to the westerly limit of James Street assumed to be north
eighteen degrees east (N. 18°E.)

The above described parcel of land being further shown edged in yellow
on the attached plan.

cr
n

"I
It
o

re ""3

^.^^

<". 3 ^

o cr J

re'

C/J Ki I— '

3 3 en

s? ^ ^

rD fft (T

?^ P ^

B: 5- &

9P (^ y'

\0 VO O

K3 to to

oo c» 00

r-t-

<-(■'

•<:

td
r

O-

h-A

C/5

O
(I
o

■-1

CfQ

1—^

b— A

vOCfQ

No. 6. 1928.

BILL

An Act respecting the City of Hamilton.

WHEREAS the corporation of the city of Hamilton has Preamble,
by petition prayed for special legislation in respect
to the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The City of Hamilton Act, 1928. s^ort title.

2. The council of the corporation of the city of Hamilton, power to
may without submitting the same to the electors qualified to {flnuires
vote on money by-laws, pass a by-law or by-laws for borrowing p^Jrpose^''*
the sum of $183,500, by the issue and sale of debentures
payable at any time within thirty years, for the following
purposes, namely, —

(a) The acquiring of certain lands, being part
of lot No. 28 in the 2nd Concession of the
township of Saltfleet in the county of
Wentworth, for the establishment of an
extension to the Hamilton cemeteries, the
sum of $58,500

(6) The erection of extensions and additions
to the "Home for Aged and Infirm" (House
of Refuge) to provide additional accom-
modation, the sura of 125,000

$183,500

3. — (1) Notwithstanding anything contained in any Act Power to
or order of The Railway and Municipal Board, or in any Jnd ^*^^^*^
by-law of the council of the corporation of the city of Hamil- B^oard t^^^
ton, the said board, in order to grant relief to the lands ^^^'^^
affected may, at any time or times, with the consent of the orders,
council of the corporation of the city of Hamilton, amend
in any respect by a further order or orders, the terms of the
annexation orders issued by the said board, dated the 26th
day of January, 1914, the 18th day of March, 1920 and the
11th day of March, 1924, annexing to the said city certain

Application
for amend-
ment.

Agreement
with

Hamilton
Harbour
Com-
missioners
ratified.

lands formerly in the township of Barton, in the county of
Wentworth, and also the terms of any amendments to said
orders made by the said board l^" and w ith the approval of
the Lieutenant-Governor in Council the terms of any amend-
ments to said orders made by any special Act relating to
the city of Hamilton.""^!

(2) Any application to the board to amend any of the said
orders, may be made by the council or by at least twenty of
the resident owners in any of the areas affected.

agreements 5. The agreement made between Reverend William T.

ratified. Hallam, L. E. Wedd and C. A. Powis, being the Rector and
Church Wardens of the Church of the Ascension in the city
of Hamilton, and the corporation of the city of Hamilton,
dated the 9th day of November, 1927, as set forth in schedule
"B" to this Act, and the agreement made between Very
Reverend L. W. B. Broughall, Stuart S. Dumoulin and
C. E. Bull, being the Rector and Church Wardens of Christ's
Church Cathedral in the said city, and the corporation of the
city of Hamilton, dated the 9th day of November, 1927, as
set forth in schedule "C" to this Act, are hereby ratified and
confirmed and declared to be legal, valid and binding upon
the parties thereto, and the said parties are hereby empowered
to carry out their respective obligations and exercise their
respective privileges thereunder, and the lands described in
said agreements, shall upon delivery of the conveyances to
the city corporation mentioned in said agreements vest in
the corporation of the city of Hamilton, for the purpose of
extending the Hamilton cemeteries, subject to the provisions
of The Cemetery Act and regulations made thereunder, freed
from all liens and charges whatsoever.

6. The agreement made between the corporation of the
city of Hamilton and T. Eaton Company, Limited, dated the
27th day of December, 1927, as set forth in schedule "D"
to this Act, is hereby ratified and confirmed and declared to
be legal, valid and binding upon the parties thereto, and the
said parties are hereby empowered to carry out their respective
obligations and exercise their respective privileges thereunder.

Commence- T. This Act shall come into force on the day upon which
It receives the Royal Assent.

Rev. Stat.,
c. 317.

Agreement

with

T. Eaton

Company

Limited,

ratified.

SCHEDULE "A."

This Agreement made the second day of November, 1927.

Between :

The Hamilton Harbour Commissioners,
Hereinafter called the "Commissioners,"

of the first part;

and

The Corporation of the City of Hamilton,
Hereinafter called the "City,"

of the second part.

And whereas the "Commissioners" have duly passed by-laws numbers
29 and 30 for imposing and collecting certain rates, which said by-laws
were duly confirmed as required by the said Act and the" City" has requested
and it has been agreed by and between the parties hereto that in commuta-
tion of the imposition and collection of said rates by the "Commissioners"
the "City" shall for a period of ten years, commencing the 1st January,
1928, make an annual payment to the "Commissioners," such annual
payment to be $10,000 for the years 1928, 1929, 1930, 1931 and 1932 and
$12,000 for the years 1933, 1934, 1935, 1936, and 1937, at the times and
upon the terms and subject to the conditions hereinafter reserved and con-
tained.

Now this agreement witnesseth as follows:

1. The "Commissioners" hereby covenant and agree to and with
the 'City" that annually for the years 1928 to 1937 inclusive the rates
authorized to be imposed, levied and collected pursuant to the pt-ovisions
of said By-law Number 29, confirmed by an Order-in-Council on the 8th day
of October, A.D. 1913, or any other by-law of the "Commissioners"
now or hereafter passed shall be commuted upon payment of the said sum as
hereinafter provided. Provided however that this Agreement or any
provision or condition herein contained shall not in any way restrict,
prohibit or affect the imposition or collection of any charges, rates, tolls
or rental? now or hereafter imposed by the "Commissioners" for wharfage,
storage, warehousing or service charges for the use or occupation of any
of the lands of the "Commissioners" or within their administration, or of
the premises and appurtenances thereto or any interest therein or any
buildings or erections thereon.

2. The "City" hereby covenants and agrees with the "Commissioners"
that the "City" will make an annual payment to the "Commissioners," as
follows:

For the years 1928 to 1932 inclusive, an annual payment of $10,000.

For the years 1933 to 1937 inclusive, an annual payment of $12,000.

Such annual payments shall be made on or before the first day of March
in each and every year durinq: the continuance of this Agreement,

In witness whereof the parties hereto have hereunto set their hands
and seals under the hands of their proper officers.

Signed, Sealed and Delivered

in the presence of

The Hamilton Harbour Commissioners.

(Sgd.) Wm, Ainslie,

Chairman.

Seal.r

(Sgd.) Thos. Cook,

Secretary.

The Corporation of the City of Hamilton.

,Seal?

(Sgd.) F. F. Treleaven,

Mayor,

(Sgd.) S. H. Kent,

City Clerk.

SCHEDULE "B,"

This agreement made in duplicate this ninth day of November, 1927.
between :

Reverend William T. Hallam, L. E. Wedd, and C. A. P.

Powis,
all of the city of Hamilton in the county of Wentworth, being
the Rector and Church Wardens of the Church of the Ascension
in said city of Hamilton,

of the first part;
and

The Corporation of the City of Hamilton,

of the second part.

And whereas by Deed bearing date the twenty-ninth day of Aprili
1893, Charles Lemon of the said city of Hamilton, Gentleman, conveyed
the lands and premises firstly described to the Incumbent and Church
Wardens of the said Chut-ch of the Ascension.

And whereas the lands and premises herein described were purchased
for the purpose of converting the same as a Cemetery.

And whereas all the land hereinafter described suitable for cemetery'
purposes has been sold and the parties of the first part have been paying
the Board of Managers of Hamilton Cemetery Sixty Dollars ($60.00) a
year for superintending the said lands and premises, under an agreement
between the parties hereto dated the first day of Aoril, 1892, and confirmed
by By-law No. "53" of the party of the second part, passed on the
thirteenth day of June, 1892.

Firstly, the whole of lot fifty-two (52) as shown on the said Registered
Plan No. 75.

Secondly, the whole of that parcel shown on said Plan No. 75 marked
"Cemetery," which parcel may be more particularly described as follows,
that is to say:

and fifteen minutes west (N. 86° 15'W.) four hundred and fifty feet
(450'), thence on a course south four degrees and ten minutes west
(S. 4° 10' W.) one hundred and twenty feet (120'), thence on a course
south thirty degrees west (S. 30° W.) sixty feet (60') more or less to the
northeast angle of Lot Fifty (50) as shown on said Plan No. 75, thence
following the northern limit of Lots Fifty, Fifty-one and Fifty-two (50,
51 and 52) on a course north sixty-one degrees and ten minutes west
(N. 61° 10' W.) one hundred and thirty-three feet, thence on a course
north eighty-six degrees and fifteen minutes west (N. 86° 15' W.) along
the northern limit of Lot Fifty-two (52) seventeen feet (17'), thence
following along the western limit of Lot Fifty-two (52), one hundred and
fifteen fe?t (115') to the northern limit of Jones Street thence on a course
north sixty-one degrees and ten minutes west (N. 61° 10' W) along the
northern limit of Jones Street, one hundred and sixty-four feet six inches
164' 6") to the southeast angle of that portion marked "Reserve" on the
said plan, thence along the easterly limit of said "Reserve" on a course
north two degrees east (N. 2° E.) three hundred and thirty-seven feet
(337') to the northern limit of said "Vauxhall Gardens Survey." thence
along the northe''n limit of said Su'-vey on a cou'-se south eighty-six degrees
and fifteen minutes east (S. 86° 15' E.) seven hundred and sixty-five
feet (765') to the western limit of York Street, thence on a course south
eleven degrees and forty-five minutes east (S. 11° 45' E.) along the
western limit of York Street, one hundred and eighty-five feet (185')
more or less to the place of beginning, by a Deed under the Short Forms of
Conveyances Act and containing no covenants express or implied other
than the covenant "and the said Grantors release to the said Grantee all
their claims to the said Lands," said Deed also to be subject to the Deeds
of Graves which the Grantors and their predecessors in title have hereto-
fore given.

And it is hereby agreed by and between the parties hereto that upon
the delivery of the conveyance of the said lands to the City Corporation;

(c) The Agreements of the 30th April, 1892 and the 30th day of May,
1893 above referred to shall be terminated and put an end to and the
parties of the first part shall thereupon be relieved of all further obligations
to the party of the second part in respect of the said lands.

In witness whereof the parties hereto of the first part have hereunto
set their hands and seals and the party of the second part its corporate
seal under the hands of its proper officers.

Signed, Sealed and Delivered,
in the presence of

A. B. HiGGINSON,

as to W. T. Hailam and L. E. Wedd.
Fred R. Smith.

W. T. Hallam, (seal.)
L. E. Wedd, (seal.)
C. A. P. Powis, (seal.)

The Corporation of the City of Hamilton,

(Sgd.) F. F. Treleaven,

Mayor.
(Sgd.) S. H. Kent,

City Clerk.
( seal.)

SCHEDULE "C."

This Agreement made in duplicate this ninth day of November, 1927.

Between:

Very Reverend L. W. B. Broughall, Stuart S. Dumoultn

AND C. E. Bull,
all of the city of Hamilton in the county of Wentworth being the
Rector and Church Wardens of Christ's Church Cathedral.

of the first part;

and

The Corporation of the City of Hamilton,

of the second part.

And whereas the said lands and premises were purchased for the pur-
pose of converting the portion herein firstly described as a cemetery.

And whereas the Statute 53 Victoria Chapter 138, Ontario, authorized
the Rector and his successors in office to lay out as a cemetery said lots
numbers 16, 17, 18 and 19 and to sell and dispose of graves and cemetery
lots. And directed that the proceeds of sales of graves and ""emetery lots
shall be paid to the Rector or his successors in office as the case may be to
invest and keep invested the net proceeds of said sales and the income
derived therefrom shall as to one half be a perquisite to said Rector and
his successors in office and the other half shall be distributed annually to
the poor of the parish.

And whereas by an agreement dated the 30th May, 1893, duly
authorized by by-law No. 629 of the council of the corporation of the city
of Hamilton, passed on the 13th June, 1892. and by-law No. 53 of
the Revised By-laws 1910, the parties of the first part hav? been paying
annually to the City Corporation the sum of Sixty Dollars ($60.00)
towards payment of the salaries of the superintendent and assistants
of the Hamilton Cemeteries, and rules and regulations respecting the said
cemetery were agreed upon; and it is agreed that the said agreement
should be terminated upon the delivery of the deeds of the lands hereinafter
described.

Commencing at a point in the southern limit of lands described in
said instrument No. P. 669 distant three chains and fifty-five links
(3 c. 55 1.) measured westerly along the said southern limit from the
western limit of York Street, said southern limit being also the northern
limit of Wm. Onyon's Survey known as Vauxhall Gardens. Thence on a
course, north thirteen degrees and thirty minutes west (N. 13° 30' W.)
parallel to the western limit of York Street four chains (4 c.). Thence
on a course north eighty-six degrees and thirty minutes west (N. 86° 30' W.)
parallel to the southern limit of lands described in P. 669 ten chains and
ten links more or less (10 c. 10 1.) to the eastern limit of the right-of-way
of the Toronto, Hamilton and Buffalo Railway Company. Thence
southerly along the eastern limit of the said right-of-way two hundred and
seventy-three feet (273') more or less to the southern limit of lands described
in P. 669. Thence on a course south eighty-six degrees and thirty
minutes east (S. 86° 30' E.) along the said southern limit eleven chains and
sixty-one links (11 c. 61 1.) more or less to the place of beginning.

And it is hereby agreed by and between the parties hereto that upon
the delivery of the conveyance of the said lands to the City Corporation ;

(a) The agreement of the 30th May, 1893 above referred to shall be
terminated and put an end to —

(6) That all receipts from said lands thereafter belong to the City
Corporation, including receipts from the sale of lots and for "perpetual
care fund," and that the parties of the first part shall make no claim
therefor — and

In witness whereof the parties hereto of the first part have hereunto
set their hands and seals and the party of the second part its corporate
seal under the hands of its proper officers.

Signed, Sealed and Delivered
in the presence of:

G, Y. Bellhouse,
Helene B. Wigmore.

L. W. B. Broughall (seal.
C. E, Bull (seal.

Stuart S, Dumoulin (seal.

The Corporation of the City of Hamilton,

(Sgd.) F. F". Treleaven,
Mayor.

(Sgd.) S. H. Kent,

City Clerk.

seal.

SCHEDULE "D."

This Agreement made this 27th day of December, 1927.
Between :

The Corporation of the City of Hamilton,
hereinafter called the City

and

The T. Eaton Company Limited,
hereinafter called the Eaton Company,

of the first part;

of the second part •

WITNESSETH as follows:

2. The City also agrees to grant.

(a) A right-of-way on foot or with vehicles in common with others
entitled thereto, for the Eaton Company, its successors and assigns, and
all parties having any business with it or them over a portion of the
Central Market property, being the lands and premises described in
Schedule "B" hereto annexed and edged in green, on the plan also hereto
annexed, and herinafter called the fifteen-foot strip and the further
right from time to time for the Eaton Company its successors and assigns,
and all parties having any business with it or them, of standing vehicles
which are being used at the time for commercial purposes on the fifteen-foot
strip but only for the purpose of enabling them to be loaded or unloaded.

(b) The right to have entrances from the said fifteen-foot strip to
any building at any time erected on the said twenty-foot strip, and/or on
the lands lying to the east of the twenty-foot strip, and more particularly
described in Schedule "C" hereto annexed and edged in yellow on the
plan also hereto annexed.

(/) The right to construct and maintain a sewer on and under the
fifteen-foot strip from the southerly end thereof to Merrick Street and to
connect the same with the City sewer.

(g) The right to construct and maintain on and under the easterly
portion of the fifteen-foot strip concrete footings for the purpose of sup-
porting steel colunms of any building at any time erected or being erected

on the twenty-foot strip all work in connection therewith to be subject to
the approval and performed to the satisfaction of the Engineer and
Building Inspector of the City.

5. The Eaton Company shall pay to the City the sum of $100,000
upon delivery of possession and conveyances of the twenty-foot strip and
the rights herein provided for.

6. The City shall furnish a copy of the Registrar's Short Abstract of
Title and produce for inspection all deeds, copies of deeds, or any other
evidence of title in its possession, and furnish copies of such deeds and
evidences of title to the Eaton Company.

8. The sale shall be comnleted anrl the conveyances and possession
given within three months after the assent is given to an Act of the Ontario
Legislature validating this Agreement.

9. The Eaton Company shall not re-let the Market stalls now on the
twenty-foot strip, but shall demolish them within six months after the date
on which it shall be given possession of the said strip.

10. The Eaton Company shall pay taxes on the twenty-foot strip
from the date of the completion of the sale.

12. A certain agreement, dated the 11th day of September, 1923.
and registered as No. 256423 made between the City, the Arcade, Limited,
and the Estate of Jane A. Bisby, shall be deemed to be cancelled as from
the date of completion of sale.

14, In case the City shall fail to obtain legislation validating this
agreement at the next ensuing session of the Ontario Legislature, this
agreement shall be null and void, and neither parties shall have any rights
against the other, except rights arising out of the agreement, dated the
1 1th day of September, 1923, hereinbefore referred to.

In witness whereof the parties hereto have executed these presents-

Signed, Sealed and Delivered
in the presence of:

The Corporation of the City of Hamilton,

(Sgd.) F- F. Treleaven,

Mayor.
(Sgd.) S. H. Kent,

City Clerk.

ISEAL.

as to the
T. Eaton Co.

J. Elliott,

Toronto.

T. Eaton Co., Limited,
(Company seal)
H. McGee,

Vice-President.

J. J. Vaughan,

Secretary- Treasurer.

Description of Lands Referred to as Schedule "A".

Commencing at a point in the southern limit of Merrick Street where
it is intersected by the production northerly of the western face of the
western wall of the store building occupied by the T. Eaton Co., said
point of intersection being distant one hundred and thirty feet and five and
one-quarter Inches (130' 5^") more or less measured westerly along the
said southern limit of Merrick Street from the westerly limit of James
Street.

Thence north seventy degrees and six minutes west (N. 70° 06' W.)
along the said southern limit of Merrick Street a distance of twenty feet
(20' 0") to a point.

Thence south seventy degrees and six minutes east (S. 70° 06' E.) a
distance of twenty feet (20' 0") to the southwest corner of the said store
building now occupied by the T. Eaton Co., Ltd.

The above described parcel of land being further shown edged in red
on the attached plan.

Description of Land Referred to as Schedule "B".

All and singular that certain parcel or tract of land and premises,
situate lying and being in the city of Hamilton, in the county of Wentworth,
in the Province of Ontario, being composed of part of lot number four (4)
in David Kirkendall's Survey, and part of what was formerly known as
Andrew Miller's seven-acre tract in the block bounded by James, Merrick,
MacNab and York Streets, in the aforesaid city of Hamilton, and which
said parcel may be more particularly described as follows, that is to say:

Commencing at a point in the southern limit of Merrick Street which
is distant twenty feet (20' 0") measured westerly thereon from the inter-
section of the production northerly of the western face of the western wall
of the store building now occupied by The T. Eaton Co., with the said
southern limit of Merrick Street, the last mentioned intersection being
distant one hundred and thirty feet and five and one-quarter inches
(130' 5}4") more or less, measured westerly along the said southern limit
of Merrick Street from the western limit of James Street.

Thence north seventy degrees and six minutes west (N. 70° 06' W.)
a distance of fifteen feet (IS' 0") to a point.

Thence north seventeen degrees and fifty-three minutes east (N. 17**
53' E.) a distance of two hundred and nineteen feet and six inches (219' 6")
more or less to a point in the said southern limit of Merrick Street.

Thence south seventy degrees and six minutes east (S. 70° 06' E.)
along the said southern limit of Merrick Street a distance of fifteen feet
(IS' 0") to the place of beginning.

The above described parcel of land being further shown edged in green
on the attached plan.

Description of Lands Referred to as Schedule "C".

All and singular that certain parcel or tract of land and premises
situate, lying and being in the city of Hamilton in the County of Went-
worth, in the Province of Ontario being composed of Lots Number One and
Two on the westerly side of James Street and part of Lot Number Four on
the southerly side of Merrick Street in the block bounded by James,
Merrick, MacNab and York Streets, in David Kirkendall's survey regis-
tered in the Registry Office for the County of Wentworth as plan No, 39,
and part of Andrew Miller's Seven acre tract as shown on plan filed in the
Registry Office for the County of Wentworth in Miscellaneous Drawer
Number Two and which may be more particularly described as follows,
that is to say:

Commencing at the intersection of the westerly limit of James Street
with the southerly limit of Merrick Street. Thence north seventy degrees
and six minutes west (N. 70° 06' W.) along the southerly limit of Merrick
Street one hundred and thirty feet and five and one-quarter inches
(130' 5}4") more or less to an intersection with the production northerly of
the westerly face of the westerly wall of the building erected on the lands
herein described and now occupied by the T. Eaton Co., Limited. Thence
southerly to and along the said westerly face of the westerly wall of the
aforesaid building two hundred and nineteen feet and six inches (219' 6")
more or less to the south westerly angle of the said building. Thence
easterly along the southerly face of the southerly wall of the said building,
one hundred and thirty feet and two inches (130' 2") more or less to the
westerly limit of James Street, thence north eighteen degrees east
(N. 18°E.) along the westerly limit of James Street two hundred and
fourteen feet and eleven and one-quarter inches (214' 11^") more or
less to the place of beginning. (Note the bearings in this description are
referenced to the westerly limit of James Street assumed to be north
eighteen degrees east (N. 18°E.)

The above described parcel of land being further shown edged in yellow
on the attached plan.

« JJ o

o tr J

» v<; "-3

»— '

3
0-

?0
p

o
(-+

D-

•o

5'
5P

crq

5*
(A?

i ft-

c
p

-.ft.

1—'

^-^ *»•.

<-h

ffi

t— k

1— '

i-»

I— I

3
CL

H* CO
00 n»

OfQ t-k
<^

" r

vOCfP

^ CO*

00 t£-
• p

No. 7.

1928.

BILL

An Act respecting the City of Gait.

WHEREAS the corporation of the City of Gait by its Preamble,
petition prayed that it should be enacted as hereinafter
set forth; and whereas it is expedient to grant the prayer of
the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Gait Act, 1928. short title.

2. Notwithstanding anything contained in By-hiw Number Application
1673 of the City of Gait, passed on the 25th day of January, of proceeds'^
1921, the said corporation may pay to the Gait Hospital Trust tures^issued
the unexpended balance of the proceeds of the debentures of {^^^jj^f^"
the City of Gait issued and sold under said By-law Number i^'^^.
1673, and the Gait Hospital Trust may receive and expend

the said unexpended balance of proceeds for the purpose of
necessary capital expenditures in connection with the Gait
Hospital, including the erection of a modern elevator therein,
in lieu of the purposes set forth in said By-law Number 1673.

3. This Act shall come into force on the day upon which Commence-
it receives the Royal Assent. Act.

rt-

r*-

W I'd

3*S-

?«

«-{?

o a*

rt-

ffi

2
p

OO K5 !-*•

i-t 3 m

a. ^ ^

J73 J73 >d

ft) fli fD

Cu D- Cl

3 3*3

crq orq (K)

O vo O

K3 to tvi

OO 00 00

X)
a>
n

3 2

rt'

l-t-l

I—*

C/3
ft>

►£.

rt)

i-t

1—'

55'

No. 7. 192^.

BILL

An Act respecting the City of Gait.

WHEREAS the corporation of the city of Gait has by Preamble.
its petition represented that by its by-law number 1673
duly passed after having been submitted to the vote of the
electors, the said corporation provided for the issue of deben-
tures for the sum of $55,000 for the purpose of completing
the heating system of the Gait Hospital and enlarging and
converting into a properly equipped maternity hospital, the
old Nurses' Home of the Gait Hospital; and that in pursuance
of the provisions of the said by-law, the corporation issued
and sold its debentures to the amount of $55,000 and paid
over to the Gait hospital trust the sum of $11,171.66, which
sum was used by the trUvSt for the purpose of completing the •
heating system of such hospital; and that it was found to be
impossible to satisfactorily convert the old Nurses' Home into
a maternity hospital and the corporation has retained the
balance of such moneys up to the present time; and that
there is great need for permanent additions and improvements
to said hospital and especially for a modern and properly
equipped elevator and the hospital trust, has, in writing,
requested the corporation to pay over the said remaining
moneys to the trust for the purposes of such necessary ex-
penditures; and whereas the said corporation has by its
petition prayed that it should be enacted as hereinafter set
forth ; and whereas it is expedient to grant the prayer of the
said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Gait Act, 1928. short title.

2. Notwithstanding anything contained in By-law dumber ^^jP'^^Uon^
1673 of the City of Gait, passed on the 25th day of January, of proceeds
1921, the said corporation may pay to the Gait Hospital Trust tures issued
the unexpended balance of the proceeds of the debentures of liwNo.^'
the City of Gait issued and sold under said By-law Number ^^^^"
1673, and the Gait Hospital Trust may receive and expend

Commence- 3 Xhis Act shall come into force on the dav upon which

ment of . , •' ^

Act. it receives the Royal Assent.

vr
n

3' 2. >d
g o- Z

-; 3 tfJ

|73 >d pd

n> ro <T

BJ f^ S

D- a. a.

5' 5' 5'

crq crq crq

cr
c

o o o

ho Ki K>

00 00 00

r
r

3
crq

^ C/)

rt!

>-(

cro

(— k

■<I

00 (/)

No. 8. 1928.

BILL

An Act respecting the Town of Waterloo

WHEREAS the municipal corporation of the town of Preamble.
Waterloo has by its petition represented that the
existing boundary line between the city of Kitchener and the
town of Waterloo is not satisfactory on account of the fact
that John Street and some of the lots fronting thereon between
Esson Street and Westmount Boulevard are partly within the
limits of the city of Kitchener and partly within the limits of
the town of Waterloo, which causes complications in the
matter of the assessments of various properties and the
maintenance of pavements and sidewalks, and other muni-
cipal works; and that the municipal council of the corporation
of the city of Kitchener has given its consent and approval to
a new boundary line by which the whole of John Street
between Esson Street and Westmount Boulevard, and all
of the lots fronting thereon, should become part of the town
of Waterloo; and whereas the said municipal corporation of
the town of Waterloo has by its petition prayed for special
legislation with regard to the matters herein set forth ; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of Waterloo ylc/, Short title.
1928.

2. — (1) The lands hereinafter described, namely : All and certain
singular that certain parcel or tract of land and premises nexed^o'
situate, lying and being in the city of Kitchener, in the county Waterloo,
of Waterloo, and Province of Ontario, being composed of parts
of lots 361, 362, 363, 364, 365, 375, 376, 377, 378, 379, 405,
465, 464, 463, 462, 461, 460, 441, 440, 439, and lots 404, 403,
402, 401, 400, 424, 423, 422, 421, 420, 419, 436, 437, 438, and
part of Westmount Boulevard, Hillcrest Avenue, Roslin
Avenue, Dunbar Road, Avondale Avenue and John Street,
according to registered plan number 248, for said city, lots
48, 49, 50, 51, 52, 53 and part of lots 54, 55, 56, 57, 58, 35, 36
and 37, and part of Earl Street, Fischer Street and John

' Street, according to registered plan number 203 for said city

and which said parcel may be more particularly described as
, i follows, that is to say : Commencing at the intersection of the

l|^ westerly limit of Westmount Boulevard and the present

boundary between the city of Kitchener and the town of
Waterloo; thence southeasterly along said westerly limit of
|j[j Westmount Boulevard to its intersection with the production

south westerly of the southerly limit of lot 361, plan 248;
thence northeasterly across Westmount Boulevard to the
southwesterly angle of said lot 361 ; thence northeasterly
along the southerly limits of lots 361, 362, 363, 364, 365 to the
southeasterly angle of said lot 365; thence northeasterly
across Hillcrest Avenue to the southwesterly angle of lot 375,
plan 248; thence northeasterly along the southerly limits of
lots 375, 376, 377, 378 and 379 to the southeasterly angle
of said lot 379; thence northeasterly across Roslin Avenue
to the southwesterly angle of lot 405 of said survey; thence
northeasterly along the southerly limits of lots 405, 404, 403,
402, 401 and 400 to the southeasterly angle of said lot 400;
thence northeasterly across Dunbar Road to the south-
westerly angle of lot 424, said survey; thence northeasterly
along the southerly limits of lots 424, 423, 422, 421, 420 and
419 to the southeasterly angle of said lot 419; thence north-
easterly across Avondale Avenue to the southwesterly angle
\ of lot 436 said plan 248; thence northeasterly along the

I southerly limit of lots 436, 437 and 438 to the southeasterly

• angle of said lot 438, plan 248; thence northwesterly along

the easterly limit of said lot 438 to the southwesterly angle of
jj lot 48, plan 203; thence northeasterly along the southeasterly

(limits of lots 48 and 49, said plan 203 to the southeasterly
j angle of said lot 49; thence northeasterly across Earl Street

;f to the southwesterly angle of lot 50, said plan 203; thence

I northeasterly along the southeasterly limits of lots 50, 51, 52,

|| 53 and 54 to the southeasterly angle of said lot 54; thence

j| northeasterly across Fischer Street to the southwesterly angle

i| of lot 55, said plan 203; thence northeasterly along the south-

i| easterly limits of lots 55, 56, 57 and 58 to the intersection of

f; the line of said limits with the present boundary between the

|: city of Kitchener and the town of Waterloo; thence south-

I westerly along said present boundary to the place of be-

!^ ginning, are hereby annexed to and shall form part of the

! town of Waterloo.

■ f (2) Such annexation shall be deemed to have taken place

I and shall have effect on, from and after the first day of

! January, 1928.

! ment"cff"°^ ^' This Act shall come into force on the day upon which

J Act. it receives the Royal Assent.

tr
n

5'
n

3 2-9

g a. :z;
o o-H
?^^ 9

»-'

►n

ft)

O-

Cfp

lyq

OfQ

\o VO vo
Isi bo to

00 00 00

H
o

l-H

a
^^

ft) 3

o -

OfQ H-.
ft) ^I

< 3-

W-) ft>

00 w^

No. 9. 1928.

BILL

An Act respecting the Township of Crowland.

WHEREAS the corporation of the township of Crowland Preamble.'
has by its petition represented that the Board of
Commissioners of Police as constituted by the Act passed in
1919 and chaptered 88, is not suitable or necessary and
increases the cost of administration of the police department;
and whereas the said corporation has by its petition prayed
that an Act may be passed repealing the said Act; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Crowlafid &^ort title.
Act, 1928.

2. Chapter 88 of the Acts passed in 1919, intituled ^«rlplaie/^'
Act to constitute a Board of Commissioners of Police for the
Township of Crowland is hereby repealed.

3. This Act shall come into force on the day upon which commence-

ment of

it receives the Royal Assent. Act.

?N "irt

a* "^

?«

OTQ a

"J?

O D*
CO v<

rt- ^

£L

c
o

OJ NS H*

►n 3 tft

o- a ^

J3d [73 ^33

fti ft fD

5^ ^ ^

Cl^ Cl. Cu

3* 3* 3'

crq CfQ crq

vo vo O

N5 N3 to

00 00 00

>
>

n o

"-t rl-
i 5"
P ri-

H
o

"5*
o

r
r

00 en
en

Oo*
n 3
o -
"-t

(T) ^J

00 Cfi_

No. 10. 1928.

BILL

An Act respecting the Essex Border Utilities
Commission.

WHEREAS the Essex Border Utilities Commission has Preamble,
by its petition represented that it is desirable that the
proceedings taken by the township of Sandwich East under
The Consolidated Essex Border Utilities Act to bring the
westerly portion of the said township as described in by-law
number 1050-A within the jurisdiction of the commission be
confirmed and the said area defined; and also that the pro-
ceedings taken by the township of Sandwich West to bring
certain areas within the jurisdiction of the commission under
the said Act be confirmed and the areas defined; and also
that it be made plain that the authority given to the said
commission to construct sewers shall include drains to carry
surface, storm and waste water; and that the said commission
be authorized to take the preliminary proceedings to construct
such a sewer to drain the Grand Marais basin within the
Essex Border municipalities; and to make the references to
Statutes in the said Act apply to the Revised Statutes; and
that The Consolidated Essex Border Utilities Act may be
amended accordingly; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Essex Border Utilities ^^^^^ ^^^^^^
Act, 1928.

2. — (1) The clause lettered h in section 2 of The Cow- i92i c 99,
solidated Essex Border Utilities Act as amended by section 2 of (1922, c. 109,

. s 2)

the Act passed in the year 1922, chaptered 109, is repealed repealed,
and the following substituted therefor, —

(h) "Essex Border Municipalities" shall mean and
include the municipal corporations of the city of
Windsor, the towns of Walkerville, Sandwich, Ford
City, Riverside, LaSalle and Ojibway and those

portions of the townships of Sandwich East and
Sandwich West defined in schedules "A" and "C"
and such other areas thereof as may be added under
the provisions of this Act and any new municipalities
hereafter established which include any portion
thereof and "Essex Border Utilities District" shall
mean the area of land from time to time included
within the same;

(2) Section 2 is further amended by adding thereto the
following clause, —

{p) "LaSalle" shall mean the corporation of the town of
LaSalle.

1921, c. 99,
s. 2,
amended.

3. Section 2 of the said Act is further amended by adding
thereto the following clause, —

Rev. Stat.,
c. 233.

(5) The word "Electors" shall mean electors qualified to
vote on money by-laws under the provisions of
section 274 of The Municipal Act, except when used
in subsection 1 of section 3 of this Act.

1921, c. 99, 4. Subsection 1 of section 3 of the said Act is amended by
amended.' ' Striking out clauses h and i and substituting therefor the

following:

{h) The mayor of LaSalle shall be ex-ojfficio a member of
the commission, and the electors of La Salle shall
every three years elect one person to be a member of
the commission.

(i) The reeve of Sandwich East shall be ex-ojfficio a
member of the commission and the electors of
Sandwich East shall every three years elect one
person to be a member of the commission.

(j) The elected commissioners shall hold ofifice for a
term of three years.

(k) The council of the corporation of the township of
Sandwich East shall appoint one person to be a
member of the commission for the year 1928 and
his successor shall be elected at the next annual
municipal election.

1921, c 99, 6. — (1) The clause lettered d in subsection 3 of section 3 of

s 0 sUds 3

ci. id) (1926, the said Act as enacted by section 7 of The Essex Border

c 78 s 7) ... .

repealed. ' UHhttes Act, 1926, is repealed and the following substituted
therefor :

(d) Where at an election a majority of the electors voting brfn'^fngln^'^
in any area forming part of the township of Sandwich parts of

-' ° "^ '^ 1 ownsnips

East or of Sandwich West, have voted favourablv of sandwich

, , , 1 • 1 • • " East and

upon a question whether they desire the provisions west.
of The Consolidated Essex Border Utilities Act to
apply to such area, the council of the corporation of
the township of Sandwich East or of the township of
Sandwich West as the case may be, may pass a by-
law making the provisions of the said Act applicable
to such area and the provisions of the said Act shall
thereafter apply to such area as if contained in
schedule "A" or "C" hereto.

(2) The clause lettered e in subsection 3 of section 3 of the i^^i, c 99

, S.o,SU DS. o,

said Act as so enacted, is repealed and the following sub- d- „(?) (1926,
stituted therefor: repealed.

(e) The council of a township adjoining the Essex ^PP^int-

Border Utilities district where the electors of anyaCommis-

sioncr

area thereof have voted in favour of including the
area in the Essex Border municipalities may (if not
already represented) appoint a commissioner for the
year in which the election takes place and the
provisions of this Act shall thereafter apply thereto.

6. Subsection 4 of section 24 of the said Act as amended 1921, c. 99,
by section 17 of The Essex Border Utilities Act, 1924, is repealed (1924, c. 93.'
and the following substituted therefor : repealed.

(4) Notwithstanding the provisions of section 12 of ^^^ o "heaith^dis-
Public Health Act, from and after the first day of continued.
July, 1919, the local boards of health and medical
officers of health for the municipalities of the city of
Windsor, towns of Walkerville, Sandwich, Ford City
and Ojibway, shall be discontinued, but the town of
LaSalle and those portions of the townships of
Sandwich West and Sandwich East included within
the Essex Border municipalities so long as they are
not included in any urban municipality shall not be
included within the jurisdiction of the local board of
health for the Essex Border municipalities.

7. Schedule "A" of the said Act is repealed and the 1921^0.^99.

"A,"
repealed.

following substituted therefor:

SCHEDULE "A"

All those portions of the Township of Sandwich West bounded as
follows: —

Area No. 1

Bounded on the east and south as follows: — Commencing at the inter-
section of the southerly limit of the City of Windsor and the centre line of
Howard Avenue; thence southerly along the centre line of Howard Avenue
and the line between the Township of Sandwich East and Sandwich West
to its intersection with the road allowance between the Third and Fourth
Concessions; thence southerly along the centre line of the said Howard
Avenue being the boundary of the Township of Sandwich South, to its
intersection with the centre line of the Talbot Road; thence westerly along
the centre line of the Talbot Road to a point in the limit between farm
lots 3 and 4 in the Fifth Concession produced southerly; thence northerly
along the said limit between lots 3 and 4 and its productions to the centre
line of the road allowance between the Fourth and Fifth Concessions;
thence westerly along the centre line of the road allowance between the
Fourth and Fifth Concessions to a point in the westerly limit of registered
plan 1241 produced southerly; thence northerly following the westerly
limit of plan 1241 and its productions to the centre line of the road allow-
ance between the Third and Fourth Concessions; thence westerly following
the last mentioned road allowance to the Huron Church Line; thence
southerly along the Huron Church Line to the road in rear of the Second
Concession (Petite Cote); thence southerly along the said road in rear of
the Second Concession to the southerly limit of farm lot 36; thence westerly
along said limit of farmTot 36 to the easterly limit of the Town of LaSalle
at its intersection with the Maiden Road; thence northerly along the
Maiden Road to the northerly limit of the Town of LaSalle, thence along
the northerly limit of the T*own of LaSalle, to the Detroit Rjver, and
bounded on the west and north as follows in order, the Detroit River, the
Town of Ojibway, the Detroit River, the Town of Sandwich and the
City of Windsor.

Area No. 2

Bounded on the north by the southerly limit of the Town of LaSalle,
on the west by the Detroit River, on the south by the Anderdon town line
and on the east as follows: — Commencing at the intersection of the
southerly limit of the Town of LaSalle with the Matchett Road; thence
southerly along the Matchett Road to the centre line of Martins Lane;
thence southerly parallel with the easterly limit of the River Front Road
to a point distant 250 feet measured southerly at right angles to the
southerly limit of Martins Lane; thence westerly and parallel with the
southerly limit of Martins Lane to a point distant 2,000 feet measured
parallel to Martins Lane from the easterly limit of the Front Road; thence
southerly and parallel to the easterly limit of the Front Road to the line
between the Townships of Sandwich West and Anderdon.

schiduie^^' ®- Schedule "C" of the said Act is repealed and the follow-
"C." ing substituted therefor:

repealed. °

SCHEDULE "C"

All that part of the Township of Sandwich East bounded as follows: —
Commencing at the intersection of the town line between Sandwich South
and Sandwich East with the town line between the Townships of Sandwich
West and Sandwich East and proceeding easterly along the town line
between Sandwich South and Sandwich East to the Pillette Road; thence
northerly along Pillette Road to the Third Concession Road; thence
easterly along the Third Concession Road to the line between farm lots
117 and 118; thence northerly along the last mentioned line to the lands
of the Canadian National Railway; thence westerly along the southerly

boundary of the Canadian National Railway to the line between the
Township of Sandwich East and the Town of Ford City; thence southerly
along the last mentioned line to Tecumseh Road; thence westerly along
Tecumseh Road to the boundary between the Township of Sandwich East
and the Town of Walkerville; thence southerly along the said boundary
to the Canadian Pacific Railway right-of-way and continuing westerly
along the boundaries of the Town of Walkerville and the City of Windsor
to the boundary between the Townships of Sandwich East and Sandwich
West; thence southerly along the said boundary to the point of beginning.

9. Section 2 of the said Act is amended by adding theg^l-*- °- ^^•

following clause:

amended.

(g) "Sewer" shall mean trunk sewer or drain and include
a means for carrying surface, storm or waste water
as well as sanitary sewage.

10. Subsection 11 of section 22 of the said Act as enacted P^ic 99,

S. ^ , S u Do. JL X

by The Essex Border Utilities Act, 1926, is repealed and the (i926, c. 78,
following substituted therefor: repealed.

(11) (a) The commission may by by-law authorize its ^ommission
engineer to make a report under section 13 upon the authorize

. r 1-1 • report on

construction of a sewer to drain the sanitary sewage Grand
and surface storm and waste water from the Grand sewer.
Marais basin together with the necessary connections
and appliances and outlet works and pumping and
treatment or disposal plants as a work to be con-
structed under the provisions of this Act and the
cost of the report shall be paid in the same pro-
portions as the cost of the work is charged in the said
report by the municipalities within which any of
the lands charged are situate.

(b) The report shall define the Grand Marais basin and Report

TO fi©t out

set out the areas in the urban and rural municipalities areas to be
within which the lands receive equal benefit and any
other lands which should be charged and shall
determine the share of the cost which should be
borne by each area and by the other lands which
should be charged, and the amount to be paid by
each of the municipal corporations at large.

compensation or damage incidental to the con- compensa-
struction.

{d) An appeal under section 14 may also be taken from Appeal,
such report by any owner and the board may vary
the proportion to be paid by any such area, other
lands or the municipal corporations and may re-
define the said areas and eliminate lands which should
not be charged.

Assent

of electors.

Rev. Stat.,
o. 262.

(e) Notwithstanding any provisions to the contrary in
this Act the question to be submitted under section
15 shall be submitted only to the electors within the
areas benefitted and of the other lands charged and
the approval of a majority of the electors voting
shall authorize the construction of the said work and
the corporations within which any of the said lands
are situate shall be deemed thereby to have ap-
proved under the provisions of this Act and the
provisions of this Act shall apply to the same, subject
always to the consent of the Department of Health
which may authorize the construction of the said
work without the said approval under the provisions
of The Public Health A ct.

Power

to borrow.

(/) Upon authorization the commission may by by-law
borrow under the provisions of section 10 a sum not
greater than the estimated cost.

r 1^ ^i

Apportion-
ment of
liability for
amounts
borrowed.

Excess, if
any, over
estimated
cost.

(g) The by-law or by-laws of the commission providing
for the borrowing of the money shall set out the
amounts to be raised from each area defined, the
other lands charged and the municipal corporations
at large and the said amounts shall be raised by
special rates on all the rateable property of each
accordingly; the clerks of the several municipal
corporations shall enter the amount payable by each
person in the collector's roll annually for the term of
the debentures and the same shall be collected
at the same time and in the same manner as ordinary
municipal taxes.

{h) In case the actual cost shall exceed the estimated
cost the excess shall be borne in the same proportions
and shall be raised by special rates in the same
manner as the amounts required to be raised under
clause g hereof.

1921, c. 99,
s. 22, subs. 6,
amended.

(i) Subsection 6 of section 22 of The Consolidated Essex
Border Utilities Act is amended by striking out the
words "intercepting sewer system" in the second
and in the twelfth and thirteenth lines thereof and
substituting therefor the words "trunk sewer" in
each case and also by striking out the word "con-
structed" in the fourth line thereof.

Power to
extend area
after con-
struction of
sewer.

(J) After the construction of the said Grand Marais
sewer the commission may from time to time upon
application made by the council of any Essex
Border municipality charged with any part of the

cost and upon a report of the engineer recommending
same enlarge or extend any of the areas so defined
and may re-apportion the costs accordingly subject
to an appeal under section 14 hereof.

(k) Provided always that should the Drainage Referee consent

in the matter now before him under the provisions of pautieT to be
The Municipal Drainage Act in which the municipal ^ra'lnag'e'^
corporation of the township of Sandwich West and ^jrects^on
the Canadian Pacific Railway and others are appel-structionofa

, cGrtciin

lants and the municipal corporation of the township drain,
of Sandwich East is respondent before the passing
of the by-law under clause/ hereof have directed the
construction of the drain as set out in the report
of R. W. Code, dated the 14th day of February,
1927, the commission shall not pass any by-law '
authorizing the borrowing of the money for con-
structing the said Grand Marais sewer without
the consent by by-law of the councils of the Essex
Border municipalities charged with any part of the
cost.

11. Clause g of subsection 7 of section 3 of The Consolidated
Essex Border Utilities Act, 1921, is amended by striking out
the figure "41" in the first line thereof and substituting there-
for the figures "42."

12. Subsection 2 of section 10 of The Consolidated Essex
Border Utilities Act, 1921, as amended by The Essex Border
Utilities Act, 1925, is amended by striking out the words and
figures "sections 295 and 296" in the second line thereof and
substituting therefor the words and figures "sections 304 and
305."

13. Subsection 7 of section 10 of The Consolidated Essex
Border Utilities Act, 1921, is amended by striking out the
words and figures "section 319a" in the eighth line thereof
and substituting therefor the words and figures "section 335."

14. Subsection 3 of section 15 of The Consolidated Essex
Border Utilities Act, 1921, is amended by striking out the
figures "265" in the third line thereof and substituting therefor
the figures "274."

15. Subsection 6 of section 22 of The Consolidated Essex
Border Utilities Act, 1921, is amended by striking out the
figures "94" in the tenth line thereof and substituting therefor
the figures "93."

16. Subsection 3 of section 23 of The Consolidated Essex

Border Utilities Act, 1921, is amended by striking out the
figures "56" in the sixth line thereof and the figures "15" in
the seventh line thereof and substituting therefor the figures
"60" and "14" respectively.

17. Subsection 4 of section 24 of The Consolidated Essex
Border Utilities Act as amended by The Essex Border Utilities
Act, 1924, is amended by striking out the figures "14" in the
first line thereof and substituting therefor the figures "12."

•

18. Subsection 9 of section 24 of The Consolidated Essex
Border Utilities Act is amended by striking out the figures
"25" in the third line thereof and substituting therefor the
figures "23."

19. Subsection 10 of section 24 of The Consolidated Essex
Border Utilities Act is amended by striking out the figures
"34" in the first line thereof and substituting therefor the
figures "33."

20. Subsection 6 of section 25 of The Consolidated Essex
Border Utilities Act is amended by striking out the words and
figures "49, 50 and 51," in the second line thereof and sub-
stituting therefor the words and figures "48, 49 and 50."

21. Subsection 7 of section 27 of The Consolidated Essex
Border Utilities Act is amended by striking out the words
and figures "19, 20 and 21" in the first line thereof and sub-
stituting therefor the words and figures "18, 19 and 20."

22. Subsection 3 of section 28 of The Consolidated Essex
Border Utilities A ct as amended by The Essex Border Utilities
Act, 1924, is amended by striking out in the second line thereof
the figure "6" and substituting therefor the figure "5" and
striking out the words and figures "as amended by the Act
passed in the ninth year of the reign of His Majesty King
George V, chaptered 53."

23. Subsection 4 of section 28 of The Consolidated Essex
Border Utilities Act is amended by striking out the figure
"7" in the fifth line thereof and substituting therefor the
figure "6."

24. Clause c of subsection 4 of section 28 of The Consoli-
dated Essex Border Utilities Act as amended by section 5 of
the Acts passed in the twelfth and thirteenth years of the
reign of His Majesty King George V, chaptered 93, as amended
by The Essex Border Utilities Act, 1924, is amended by striking
out the figure "6" in the second line thereof and substituting
therefor the figure "5."

25. Subsection 5 of section 28 of The Consolidated Essex
Border Utilities Act is amended by striking out the figure
"5" in the second line thereof and substituting therefor the
figure "4" and by striking out the words and figures "472,
473 and 474" in the eighth line thereof and substituting
therefor the words and figures "483, 484 and 485."

i ■

■D

■-i^

J«

Pi-

?a-

PI-

Pi-

'S'.

r^.

o^a

0^5

0^3

>
o

rt (T)

(IT. ft>

a-
a>

rt)
X

o
•-(

(T)

r
r

00 i

o i

o O

fD fa ,

No. 10.

1928.

BILL

• An Act respecting the Essex Border Utilities
Commission.

WHEREAS the Essex Border Utilities Commission has Preamble.
by its petition represented that it is desirable that the
proceedings taken by the township of Sandwich East under
The Consolidated Essex Border Utilities Act to bring the
westerly portion of the said township as described in by-law
number 1050-A wathin the jurisdiction of the commission be
confirmed and the said area defined; and also that the pro-
ceedings taken by the township of Sandwich West to bring
certain areas within the jurisdiction of the commission under
the said Act be confirmed and the areas defined; and also
that it be made plain that the authority given to the said
commission to construct sewers shall include drains to carry
surface, storm and waste water; and that the said commission
be authorized to take the preliminary proceedings to construct
such a sewer to drain the Grand Marais basin within the
Essex Border municipalities; and to make the references to
Statutes in the said Act apply to the Revised Statutes; and
that The Consolidated Essex Border Utilities Act may be
amended accordingly; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:—;,

1. This Act may be cited as The Essex Border Utilities ^^°^^ ^^^^^^
Act, 1928.

2.— (1) The clause lettered h in section 2 of The Cow- i92i, c 99,

.,. . . . - -S. 2, cl. (n.)

solidated Essex Border Utilities Act as amended by section 2 of (1922. c. 109,

. s 2)

the Act passed in the year 1922, chaptered 109, is repealed repealed,
and the following substituted therefor, —

{h) "Essex Border Municipalities" shall mean and
include the municipal corporations of the city of
Windsor, the towns of Walkerville, Sandwich, Ford
City, Riverside, LaSalle and Ojibway and those

(2) Section 2 is further amended by adding thereto the
following clause, —

{p) "LaSalle" shall mean the corporation of the town of
LaSalle.

1921. c. 99, 3. Section 2 of the said Act is further amended by adding
amended. thereto the following clause, —

(g) The word "Electors" shall mean electors qualified to
vote on money by-laws under the provisions of
Rev. Stat., section 274 of The Municipal Act, except when used

in subsection 1 of section 3 of this Act.

233.

1921, c. 99, 4. Subsection 1 of section 3 of the said Act is amended by
amended.' ' striking out clauscs Ji and i and substituting therefor the
following:

Qi) The mayor of LaSalle shall be ex-officio a member of
the commission, and the electors of La Salle shall
every three years elect one person to be a member of
the commission.

(i) The reeve of Sandwich East shall be ex-officio a
member of the commission and the electors of
Sandwich East shall every three years elect one
person to be a member of the commission.

(j) The elected commissioners shall hold office for a
term of three years.

{k) The council of the corporation of the township of
Sandwich East shall appoint one person to be a
member of the commission for the year 1928 and
his successor shall be elected at the next annual
municipal election.

i^i.^suijs.^s ^' — (^) ^^^ clause lettered d in subsection 3 of section 3 of
ci-,j,g'y 1926, the said Act as enacted by section 7 of The Essex Border
repealed. ' Utilities Act, 1926, is repealed and the following substituted
therefor :

for

{d) Where at an election a majority of the electors voting ^rh^fng"!
in any area forming part of the township of Sandwich ^^'J^^^jpg
Flast or of Sandwich West, have voted favourablv of sandwich

, , , 1 • 1 • • " East and

upon a question whether they desire the provisions West,
of The Consolidated Essex Border Utilities Act to
apply to such area, the council of the corporation of
the township of Sandwich East or of the township of
Sandwich West as the case may be, may pass a by-
law making the provisions of the said Act applicable
to such area and the provisions of the said Act shall
thereafter apply to such area as if contained in
schedule "A" or "C" hereto.

(2) The clause lettered e in subsection 3 of section 3 of thep2i, c. 99,

' . s. 3, subs. 3,

said Act as so enacted, is repealed and the following sub- d- (|) (i926,
stituted therefor: repealed.

{e) The council of a township adjoining the Essex ^ppo^^^*^-
Border Utilities district where the electors of anyaCommis-
area thereof have voted in favour of including the
area in the Essex Border municipalities may (if not
already represented) appoint a commissioner for the
year in which the election takes place and the
provisions of this Act shall thereafter apply thereto.

6. Subsection 4 of section 24 of the said Act as amended 1921, c. 99,
by section 17 of The Essex Border Utilities Act, 1924, is repealed (1924, c. 93,'

and the following substituted therefor:

repeafed.

(4) Notwithstanding the provisions of section 12 of The o °hlLith^dis-
Public Health Act, from and after the first day of continued.
July, 1919, the local boards of health and medical
officers of health for the municipalities of the city of
Windsor, towns of Walkerville, Sandwich, Ford City
and Ojibway, shall be discontinued, but the town of
LaSalle and those portions of the townships of
Sandwich West and Sandwich East included within
the Essex Border municipalities so long as they are
not included in any urban municipality shall not be
included within, the jurisdiction of the local board of
health for the Essex Border municipalities.

7. Schedule "A" of the said Act is repealed and the i92i^c.^ 99.

"A," "
repealed.

following substituted therefor:

SCHEDULE "A"

All those portions of the Township of Sandwich West bounded as
follows: —

Area No. 1

Bounded on the east and south as follows: — Commencing at the inter-
section of the southerly limit of the City of Windsor and the centre line of
Howard Avenue; thence southerly along the centre line of Howard Avenue
and the line between the Township of Sandwich East and Sandwich West
to its intersection with the road allowance between the Third and Fourth
Concessions; thence southerly along the centre line of the said Howard
Avenue being the boundary of the Township of Sandwich South, to its
intersection with the centre line of the Talbot Road; thence westerly along
the centre line of the Talbot Road to a point in the limit between farm
lots 3 and 4 in the Fifth Concession produced southerly; thence northerly
along the said limit between lots 3 and 4 and its productions to the centre
line of the road allowance between the Fourth and Fifth Concessions;
thence westerly along the centre line of the road allowance between the
Fourth and Fifth Concessions to a point in the westerly limit of registered
plan 1241 produced southerly; thence northerly following the westerly
limit of plan 1241 and its productions to the centre line of the road allow-
ance between the Third and Fourth Concessions; thence westerly following
the last mentioned road allowance to the Huron Church Line; thence
southerly along the Huron Church Line to the road in rear of the Second
Concession (Petite Cote) ; thence southerly along the said road in rear of
the Second Concession to the southerly limit of farm lot 36; thence westerly
along said limit of farm lot 36 to the easterly limit of the Town of LaSalle
at its intersection with the Maiden Road; thence northerly along the
Maiden Road to the northerly limit of the Town of LaSalle, thence along
the northerly limit of the Town of LaSalle, to the Detroit Rjyer, and
bounded on the west and north as follows in order, the Detroit River, the
Town of Ojibway, the Detroit River, the Town of Sandwich and the
City of Windsor,

Area No. 2

8. Schedule "C" of the said Act Is repealed and the follow-

1921, c. 99

Schedule . . i i r

"C." ing substituted therefor

repealed.

SCHEDULE "C"

9. Section 2 of the said Act is amended by adding theg^l-*- °- ^^•

following clause:

amended.

(q) "Sewer" shall mean trunk sewer or drain and include
a means for carrying surface, storm or waste water
as well as sanitary sewage. t^^Nothing herein con-
tained shall interfere with the jurisdiction of the
several Essex Border municipalities as to drains and
sewers lying wholly within their respective territorial
limits.'

10. Subsection 11 of section 22 of the said Act as enacted ^^^i. c 99

s. 2, subs. 11

by The Essex Border Utilities Act, 1926, is repealed and the (^|26, c. 78,
following substituted therefor: repealed.

(11) (a) The commission may by by-law authorize its ^^o™"^*^'^*'^"
engineer to make a report under section 13 upon the authorize

. ^ 1 • 1 • report on

construction 01 a sewer to drain the sanitary sewage Grand
and surface storm and waste water from the Grand sewer!
Marais basin together with the necessary connections
and appliances and outlet works and pumping and
treatment or disposal plants as a work to be con- •
structed under the provisions of this Act and the
cost of the report shall be paid in the same pro-
portions as the cost of the work is charged in the said
report by the municipalities within which any of
the lands charged are situate,

(/;) The report shall define the Grand Marais basin and Report

, . , , , , ..... to set out

set out the areas in the urban and rural municipalities areas to be

within which the lands receive equal benefit and any

other lands which should be charged and shall

determine the share of the cost which should be.

borne by each area and by the other lands which

should be charged, and the amount to be paid by

each of the municipal corporations at large.

con- compensa-
tion.

(d) An appeal under section 14 may also be taken from Appeal,
such report by any owner and the board may vary

Assent

of electors.

Rev. Stat.
c. 262.

the proportion to be paid by any such area, other
lands or the municipal corporations and may re-
define the said areas and eliminate lands which should
not be charged.

(<?) Notwithstanding any provisions to the contrary in
this Act the question to be submitted under section
15 shall be submitted only to the electors within the
areas benefitted and of the other lands charged and
the approval of a majority of the electors voting
shall authorize the construction of the said work and
the corporations within which any of the said lands
are situate shall be deemed thereby to have ap-
proved under the provisions of this Act and the
provisions of this Act shall apply to the same, subject
always to the consent of the Department of Health
which may authorize the construction of the said
work without the said approval under the provisions
of The Public Health A c .

Power

to borrow.

Apportion-
ment of
liability for
amounts
borrowed.

(/) Upon authorization the commission may by by-law
borrow^ under the provisions of section 10 a sum not
greater than the estimated cost.

Excess, if
any, over
estimated
cost.

1921, c. 99,
s. 22, subs. 6,
amended.

(h) In case the actual cost shall exceed the estimated
cost the excess shall be borne in the same proportions
and shall be raised by special rates in the same
manner as the amounts required to be raised under
clause g hereof.

(i) Subsection 6 of section 22 of The Consolidated Essex
Border Utilities Act is amended by striking out the,
words "intercepting sewer system" in the second
and in the twelfth and thirteenth lines thereof and
substituting therefor the words "trunk sewer" in
each case and also by striking out the word "con-
structed" in the fourth line thereof.

(j) After the construction of the said Grand Marais ^^^^^^ ^^^ ^^^
sewer the commission may from time to time upon after con-

... Ill -1 r T- struction of

apphcation made by the council oi any Essex sewer.
Border municipality charged with any part of the
cost and upon a report of the engineer recommending
same enlarge or extend any of the areas so defined
and may re-apportion the costs accordingly subject
to an appeal under section 14 hereof.

(k) Provided always that should the Drainage Referee consent

OI rnunici-

in the matter now before him under the provisions of paiities to be
The Municipal Drainage Act in which the municipal Drliifiage^
corporation of the township of Sandwich West and direc^ts^on-
the Canadian Pacific Railway and others are appel-^*^"^f^°" "^^^
lants and the municipal corporation of the township "^^ain.
of Sandwich East is respondent before the passing
of the by-law under clause / hereof have directed the
construction of the drain as set out in the report
of R. W. Code, dated the 14th day of February,
1927, the commission shall not pass any by-law
authorizing the borrowing of the money for con-
structing the said Grand Marais sewer without
the consent by by-law of the councils of the Essex
Border municipalities charged with any part of the
cost.

(/) If the construction of the said work is authorized the
engineer may include as part of the cost of same the
amount of the indebtedness heretofore incurred by
the Townships of Sandwich East and Sandwich West
in procuring the said report of R. W. Code and of
the proceedings before the Drainage Referee in
respect thereof which indebtedness shall be borne by
such area as the said engineer of the Commission
may direct unless the Drainage Referee shall have
already determined how the same should be paid.

H
O

5' n. ?o

n
n

<z,

«,

"S".

pi-

cs'

«>

w
O

'Si.

0^5

<S>.

Cr«)

cro

Cl-n

r-^ (T>

*-*

ncTQ

1— H

cr?

ft)

g ^

<-«

3 n>

i'm

>-• w

o 2

3 ^

l-l

No. 11. 1928.

BILL

An Act to confirm certain By-laws of the
Town of Sandwich.

WHEREAS the municipal corporation of the town of Preamble.
Sandwich has by its petition represented that it is
desirable that certain by-laws and the debentures issued or
to be issued thereunder should be validated and confirmed;
and whereas the said corporation has by its petition prayed
that an Act may be passed for the above purposes; and
whereas it is expedient to grant the prayer of the said petition.

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1 . This Act may be cited as The Town of Sandwich Deben- short titi*.
ture Act, 1928.

2. The by-laws specified in schedule 'A" hereto and all certain

• 1 I'll 1 11 by-lawi

debentures issued or to be issued thereunder are hereby conflrmed,
confirmed and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof.

3. This Act shall come into force on the day upon which commenc*-
it receives the Royal Assent. Act'!

U -^

SCHEDULE "A"

(a). By-law number 1632 passed on the 20th day of June, 1927, authoriz-
ing the issue of debentures to the amount of^ $4,865.00 to pay the cost
of the extension of Fanchette Street as a local improvement.

(J). By-law number 1633 passed on the 20th day of June, 1927, authoriz-
ing the issue of debentures to the amount of $2,383.00 to pay the cost
of the extension of Westminster Avenue as a local improvement.

(c). By-law number 1662 passed on the 8th day of November, 1927,
authorizing the issue of debentures to the amount of $1,872.00 to pay the
cost of further extension of Westminster Avenue as a local improvement.

(d). By-law number 1663 passed on the 8th day of November, 1927,
authorizing the issue of debentures to the amount of $36,646.51 to pay
the cost of a water main on the Huron Church Line as a local improvement.

(e). By-law number 1664 passed on the 8th day of November, 1927,
to Cpnsolidate the sums authorized to be borrowed by by-laws, nuqibeis
1632, 1633, 1662 and 1663.

go. 2;
I

C/J

1—'

ft)

0 13

orq

0 ^

^ 0

C/2 2

»».

CL. 5'

^~«i
jpx

1
0 CO

' 1

t-k

I—'

!-*>

9
O.

00 7)

O o'
n> o
o -

•-I

orq H-
(T> ^

00 ^

• {U
rt-

No. 12.

1928.

BILL

An Act to validate certain By-laws of the Town of
Sandwich and for other Purposes.

WHEREAS the municipal corporation of the town of Preamble,
Sandwich has by its petition represented that one of
the parts of the Herbert Street sewer authorized to be con-
structed, as a separate work under By-law number 1587 of
the corpora^on of the town of Sandwich passed on or about
the 21st day of March, 1927, has been constructed and the
southerly branch authorized by By-law number 1645 of the
said corporation passed on the 26th day of September, 1927,
has also been constructed and that it is desirable that the
debentures to be issued to pay for the said work shall be
consolidated and further that the agreement between the
corporation of the town of Sandwich and the Board of Water
Commissioners for the town of Sandwich for the collection
by the said board as part of the water rates of. the amounts
necessary to liquidate the debentures issued to pay for the
cost of installing water meters in the water system of the
town may be validated and confirmed ; and that sales of land
made by the treasurer for arrears of taxes may be confirmed ;
and whereas the said corporation has prayed that an Act
may be passed for the said purposes; and whereas it is ex-
pedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of Sandwich ^c/, s^^*"****^*-
1928.

2. By-law number 1686 of ^e municipal corporation of^o'i^se,
the town of Sandwich passed on the 16th day of January, "^''"^^'^®*^'
1928, and all debentures issued or to be issued thereunder

are hereby ratified and confirmed and declared to be legal,
valid and binding upon the municipal corporation of the
town of Sandwich and the township of Sandwich West and
the ratepayers thereof.

By-law
No. 1687,
oonflrmed.

3. By-law number 1687 of the municipal corporation of i^he
town of Sandwich passed on the 16th day of January, 1928,
and all debentures issued or to be issued thereunder are
hereby ratified and confirmed and declared to be legal, valid
and binding upon the municipal corporation of the town of
Sandwich and the township of Sandwich West and the rate-
payers thereof.

Collection of
rates under
By-law No.
1687.

4. The rat^es required by the said By-laws numbers 1686
and 1687 to be levied and collected in any year upon the land
in the township of Sandwich West shall be collected by the
council of the said township in the same manner as if such
rates had been lawfully imposed by the council of the said
township and said township shall pay to the treasurer of the
town of Sandwich on or before the 14th day of December
in each year the sums set out in paragraph 5 of each of the
said by-laws and same shall be made whether or not such
rates have been collected from i^he persons liable to pay the
same, but such payment by the corporation shall not relieve
any land especially assessed from the special rate thereon
but it shall remain liable for the special rate until it is paid.

By-law
No. 1688.
confirmed.

5. By-law number 1688 of the municipal corporation of
the town of Sandwich passed on the 16^ day of January,
1928, and all debentures issued or ^o be issued thereunder are
hereby ratified and confirmed and declared to be legal, valid
and binding upon the municipal corporation of the town of
Sandwich and the township of Sandwich West and the rate-
payers thereof.

Agreement
confirmed.

Tax sales
and deeds
confirmed.

6. The agreement between the corporation of the town of
Sandwich and the Board of Water Commissioners for the
town of Sandwich, da^ed the 6^h of December, 1927, providing
for the collection by special rate from the users of water in
the ^own of Sandwich of a sufficient sum each year to liquidate
the debentures issued to pay for the installation of water
meters wit,hin the town as set out in schedule "B" hereto is
hereby confirmed and declared to be legal, valid and binding
upon the .said corporation and By-law number 1689 of the
said ^own authorizing the issue of debentures to pay the cost
of the said meters and all debentures issued or to be issued
thereunder are hereby confirmed and declared to be legal,
valid and binding upon the said corporation and ^he rate-
payers thereof.

7. All sales of land within the municipal corporation of
the ^own of Sandwich made subsequent to ^he 31st day of
December, 1911, and prior to the 1st day of January, 1927,
purporting to be made for arrears of taxes in respect to the
land so sold are hereby ratified and confirmed and all con-

veyances of land so sold executed by the mayor and treasurer
of the said town purporting to convey the said la,nd so sold
to the purchaser thereof or his assigns or to the town of
Sandwich shall have the effect of vesting the land so sold in
the purchaser, or his assigns, or his or their heirs or assigns,
or in the said corporation and its successors and assigns, as
the case may be, in fee simple, and clear of and free from all
right, title and interest whatsoever of the owners thereof at
the time of said sale, or their assigns, and of all charges and
encumbrances thereon, except taxes accruing after those for
non-payment of which the said lands were sold.

8. The council of the corporation of the township of fower
Sandwich West may pass a by-law under the provisions of certain lands
The Local Improvement Act to construct a branch of the cost of
Felix Avenue sewer on York Street, Superior Street, Glen- sewer.^^'*
wood Avenue, Iroquois Street and the Huron Church line

road from the intersection of the centre line of Dominion ^^Jgg^*^*-
Avenue with York Street to the Felix Avenue sewer at the
intersection of Dorchester Street and Huron Church line road
of which the estimated cost is $89,253.72 and may by said
by-law provide that the whole cost of construction shall be
charged and levied upon the lots abutting upon the work
and the non-abutting lands in the area defined under the
provisions of the said agreement, dated the 15th day of
February, 1927, and set out in schedule "A" hereto, such
cost to include the cost of all necessary connections and
appliances and those parts of the work situate at street
intersections.

9. The said construction by-law authorized under section Notice not
8 hereof may be passed without notice and shall set out the
districts or sections receiving benefit under section ZZ ofRev. stat.,
The Local Improvement Act according to the report of the*^' ^^^'
engineer of the said township, dated the 18th day of January,

1928.

10. The council of the corporation of the township of Power

. ^ „ to is&ii6

Sandwich West may under the provisions of The Loco/ debentures.
Improvement Act from time to time, borrow on the credit
of the corporation, at large, as the said work authorized by
section 8 hereof proceeds, such sums of money as may be
necessary to pay the cost of the said work and upon com-
pletion may pass a by-law to repay such advances and to
defray the cost of the said work and may issue debentures
for the sums so borrowed payable in equal annual instalments
of principal and interest as nearly as may be over a period of
thirty years and bearing such rate of interest as the said
council may deem proper.

11. This Act shall come into force on the day upon which Commence-
it receives the Royal Assent. Act.

12 i

SCHEDULE "A"

All those certain tracts of land containing about 350 acres being parts
of farm lots 63 to 74 inclusive in the first and second concicssions of the
Township of Sandwich West and described as follows: Commencing in
the westerly limit of the Huron Church Line Road at the westerly pro-
duction of the northerly limit of Manitoba Street; thence northerly along
said westerly limit of thie Huron Church Line Road to a point, said point
being the westerly production of the notherly limit of the old Tecumseh
Road before being widened to its present width of 86 feet; thence easterly
along said northerly limit of the old Tecumseh Road to the westerly
limit of farm lot 70; thence southerly along the said westerly limit of farm
lot 70 to the northerly limit of Superior Street; thence easterly along the
northerly limit of Superior Street and the northerly limit of York Street
to the northerly production of the easterly limit of Dominion Avenue;
thence southerly to and along the easterly limit of Dominion Aveniue to
the northerly limit of lot number 321, registered plan 557; thence easterly
along said northerly limit to the alley in rear of said lot; thence easterly
to the easterly limit of said alley; thence southerly along the easterly
limit of said alley to the northerly limit of lot 283, registered plan 557;
thence easterly along the northerly limit of said lot to the westerly limit
of Victoria Avenue; thence in a straight line at right angles with the
northeasterly limit of Cameron Boulevard to the southwesterly limit
of the Michigan Central Railway lands; thence southeasterly along the
northeasterly limit of Cameron Boulevard to a point in the easterly
production of the southerly limit of Arthur Street; thence westerly in
that limit and its production to a point one hiundred and eight feet
(108') westerly of the westerly limit of McKay Avenue; thence northerly
parallel with McKay Avenue to the northerly limit of Quebec Street;
thence westerly to and along the northerly limit of Quel^ec Street (pro-
posed) to the westerly limit of farm lot 70; thence southerly along said
westerly limit to the northerly limit of Manitoba Street; thence westerly
along the northerly limit of Manitoba Street and its westerly production
to the pjace of beginning.

SCHEDULE "B'

Agreement made the sixth day of December in the year of our Lord
one thousand nine hundred and twenty-seven.

Between :

The Board of Water Commissioners, of the Town of
Sandwich, hereinafter called the party,

of the first part,
and

The Municipal Corporation of the Town of Sandwich,
hereinafter called the party,

of the second part.

Whereas the Board of Water Commissioners of the Town of Sandwich
supplies to the water users of the town filtered water which is purchased
by them from the City of Windsor at a rate per thousand gallons as meas-
ured by the meters installed for that purpose;

And whereas it is necessary in order to conserve the water used in
the town and to prevent its improper use, to instal meters in the water
system;

And whereas the cost of such installation will be the sum of Forty-five
Thousand Dollars ($45,000.00) and the Board of Water Commissioners
have requested the party of the Second Part to raise the said sum by
debentures payable in equal annual instalments including principal and
interest in one sum to be raised annually and the Corporation of the
Town of Sandwich has agreed to comply with the request of thie said
Board and to raise the said sum by debentures subject to validation thereof
by the Legislature of the Province of Ontario.

Now therefore the said Board of Water Commissioners covenants,
promises and agrees with the Municipal Corpibration of the Town of
Sandwich as follows-

1. During the currency of the said debentures issued or to be issued
in the sum of $45,000.00 by the Corporation of the Town of Sandwich
under the authority of by-law number 1689 passed on the 21st day of
November, 1927, for the purpose of paying the cost of installing water
meters as set out in the preamble or of such other debentures as may be
issued under any other by-law in lieu thereof, the Board of Water Com-
missioners will raise by special rate from the users of water in the Town
of Sandwich or other persons chargeable with the same under the Statute
in that behalf provided in addition to all other rates and charges made
for water by the said Board of Water Commissioners a sum sufficient each
year to pay the amount of the equal annual instalments necessary to
retire the said debentures and the interest thereof as provided in the said
b*y-law and will pay the same over to the Corporation of the Town of
Sandwich without deduction, defalcation, set-ofi, or reduction by way of
counter-claim or otherwise not later than the first day of December in
each and every year.

2. The Corporation of the Town of Sandwich covenants that it will
apply the said money so received to the liquidation of the said debentures
and for no other purpose whatever.

In witness whereof the parties hereto have hereunto set their hands and
seals.

Signed, sealed and delivered
in the presence of:

(Sgd.) Henry Carmichael,

Chairman, Sandwich Water
Board (Seal)

(Sgd.) E. R. North,

Secretary, Water Board.

(Sgd.) Alex McKee,

Mayor.

(Sgd.) E. R. North, (Seal)

Clerk.

?? HQ

3' 2.

?«

crp 3

«'??

2:°-

0 D*

r»

?CJ

00 ts5

}-*

15 ^

?« 1^

3 r+

(D (X>

rt>

0 <<

0 0'

B' B'

crq Cfq

►0 Hi P

n> 3

0 -
•-t

*—*

crq H->.

0 o' ^

02 P

r
r

SB.

pr-l^

00 21

0 JL.

' P

1-1 M

^ ^

1— k t— '

1—'

rt «i

vo \0

sT 0

N3 to

2 •=*>

00 00

•I

rt-
XT

No. 12. 1928.

BILL

An Act to validate certain By-laws of the Town of
Sandwich and for other Purposes.

WHEREAS the municipal corporation of the town of Preamble.
Sandwich has by its petition represented that one of
the parts of the Herbert Street sewer authorized to be con-
structed, as a separate work under By-law number 1587 of
the corporation of the town of Sandwich passed on or about
the 21st day of March, 1927, has been constructed and the
southerly branch authorized by By-law number 1645 of the
said corporation passed on the 26th day of September, 1927,
has also been constructed and that it is desirable that the
debentures to be issued to pay for the said work shall be
consolidated and further that the agreement between the
corporation of the town of Sandwich and the Board of Water
Commissioners for the town of Sandwich for the collection
by the said board as part of the water rates of the amounts
necessary to liquidate the debentures issued to pay for the
cost of installing water meters in the water system of the
town may be validated and confirmed; and that sales of land
made by the treasurer for arrears of taxes may be confirmed ;
and whereas the said corporation has prayed that an Act
may be passed for the said purposes; and whereas it is ex-
pedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited 'as The Town oj Sandwich ^c^^ ^tiort title.
1Q28.

2. — (i) Subject to subsection 5, By-law number 1686 of thcNo'^iese
municipal corporation of the town of Sandwich passed on the conflrmeci.
16th day of January, 1928, and all debentures issued or to be
issued thereunder are hereby ratified and confirmed and
declared to be legal, valid and binding upon the municipal
corporation of the town of Sandwich and the township of
Sandwich West and the ratepayers thereof.

! :|

By-law
No. 1087,
conflrmed.

(2) Subject to subsection 5, By-law number 1687 of the
municipal corporation of the town of Sandwich passed on
the 16th day of January, 1928, and all debentures issued or
to be issued thereunder are hereby ratified and confirmed
and declared to be legal, valid and binding upon the municipal
corporation of the town of Sandwich and the township of
Sandwich West and the ratepayers thereof.

Collection of
rates under
By-law No.
1687.

(3) The rates required by the said By-laws numbers 1686
and 1687 to be levied and collected in any year upon the land
in the township of Sandwich West shall be collected by the
council of the said township in the same manner as if such
rates had been lawfully imposed by the council of the said
township and said township shall pay to the treasurer of the
town of Sandwich on or before the 14th day of December
in each year the sums set out in paragraph 5 of each of the
said by-laws and same shall be made whether or not such
rates have been collected from the persons liable to pay the
same, but such payment by the corporation shall not relieve
any land especially assessed from the special rate thereon
but it shall remain liable for the special rate until it is paid.

By-lav.- (4) Subject to subsection 5, By-law number 1688 of the

conflrmed. municipal Corporation of the town of Sandwich passed on
the 16th day of January, 1928, and all debentures issued or
to be issued thereunder are hereby ratified and confirmed and
declared to be legal, valid and binding upon the municipal
corporation of the town of Sandwich and the township of
Sandwich West and the ratepayers thereof.

Application 1^°{S) Subsection 1 shall not affect any application now

affected. ^^ pending or which may be made prior to the 16th day of April,

1928, to quash any of the said by-laws but any such application

may be proceeded with and finally adjudicated upon in all

respects as if this section had not been passed .""^J

oo^nflrmed.* 3. The agreement between the corporation of the town of
Sandwich and the Board of Water Commissioners for the
town of Sandwich, dated the 6th of December, 1927, providing
for the collection by special rate from the users of water in
the town of Sandwich of a sufficient sum each year to liquidate
the debentures issued to pay for the installation of water
meters within the town as set out in schedule "B" hereto is
hereby confirmed and declared to be legal, valid and binding
upon the said corporation and By-law number 1689 of the
said town authorizing the issue of debentures to pay ^he cost
of the said meters and all debentures issued or to be issued
thereunder are hereby confirmed and declared to be legal,
valid and binding upon the said corporation and the rate-
payers thereof.

4. — (1) All sales of land within the municipal corporation ^^^||'*®[^
of the town of Sandwich made subsequent to the 31st day of confirmed.
December, 1911, and prior to the 31st day of December, 1925,
purporting to be made for arrears of taxes in respect to the
land so sold are hereby ratified and confirmed and all con-
veyances of land so sold executed by the mayor and treasurer
of the said town purporting to convey the said land so sold
to the purchaser thereof or his assigns or to the town of
Sandwich shall have the effect of vesting the land so sold in
the purchaser, or his assigns, or his or their heirs or assigns,
or in the said corporation and its successors and assigns, as
the case may be, in fee simple, and clear of and free from all
right, title and interest whatsoever of the owners thereof at
the time of said sale, or their assigns, and of all charges and
encumbrances thereon, except taxes accruing after those for
non-payment of which the said lands were sold.

t^"(2) Nothing in subsection 1 contained shall affect any pending
action, litigation or other proceeding now pending, but the ^^*^saMon
same may be proceeded with and finally adjudicated upon in
the same manner and to the same extent as if this Act had
not been passed ."^^

5. The council of the corporation of the township oft^^^jf^rge
Sandwich West may pass a by-law under the provisions of ^^tjf i,;^hoie**°
The Local Improvement Act to construct a branch of the cost of
Felix Avenue sewer on York Street, Superior Street, Glen- sewer,
wood Avenue, Iroquois Street and the Huron Church line

road from the intersection of the centre line of Dominion ^^Js^*^**'
Avenue with York Street to the Felix Avenue sewer at the
intersection of Dorchester Street and Huron Church line road
of which the estimated cost is $89,253.72 and may by said
by-law provide that the whole cost of construction shall be
charged and levied upon the lots abutting upon the work
and the non-abutting lands in the area defined under the
provisions of the said agreement, dated the 15th day of
February, 1927, and set out in schedule "A" hereto, such
cost to include the cost of all necessary connections and
appliances and those parts of the work situate at street
intersections.

6. The said construction by-law authorized under section ?^°^^°® "o*

, •' required.

8 hereof may be passed without notice and shall set out the
districts or sections receiving benefit under section ZZ ofRev. stat..
The Local Improvement Act according to the report of the
engineer of the said township, dated the 18th day of January,
1928.

T. The council of the corporation of the township of Power
Sandwich West may under the provisions of The Loco/ debentures.

i! N

■i''

Improvement Act from time to time, borrow on the credit
of the corporation, at large, as the said work authorized by
section 8 hereof proceeds, such sums of money as may be
necessary to pay the cost of the said work and upon com-
pletion may pass a by-law to repay such advances and to
defray the cost of the said work and may issue debentures
for the sums so borrowed payable in equal annual instalments
of principal and interest as nearly as may be over a period of
thirty years and bearing such rate of interest as the said
council may deem proper.

mont"o1'"*'^" ®' T^^^ ^^^ shall come into force on the day upon which
•A-«fc. it receives the Royal Assent.

SCHEDULE "A"

All those certain tracts of land containing about 350 acres being parts
of farm lots 63 to 74 inclusive in the first and second concessions of the
Township of Sandwich West and described as follows: Commencing in
the westerly limit of the Huron Church Line Road at the westerly pro-
duction of the northerly limit of Manitoba Street; thence northerly along
said westerly limit of the Huron Church Line Road to a point, said point
being the westerly production of the notherly limit of the old Tecumseh
Road before being widened to its present width of 86 feet; thence easterly
along said northerly limit of the old Tecumseh Road to the westerly
limit of farm lot 70; thence southerly along the said westerly limit of farm
lot 70 to the northerly limit of Superior Street; thence easterly along the
northerly limit of Superior Street and the northerly limit of York Street
to the northerly production of the easterly limit of Dominion Avenue;
thence southerly to and along the easterly limit of Dominion Avenue to
the northerly limit of lot number 321, registered plan 557; thence easterly
along said northerly limit to the alley in rear of said lot; thence easterly
to the easterly limit of said alley; thence southerly along the easterly
limit of said alley to the northerly limit of lot 283, registered plan 557;
thence easterly along the northerly limit of said lot to the westerly limit
of Victoria Avenue; thence in a straight line at right angles with the
northeasterly limit of Cameron Boulevard to the southwesterly limit
of the Michigan Central Railway lands; thence southeasterly along the
northeasterly limit of Cameron Boulevard to a point in the easterly
production of the southerly limit of Arthur Street; thence westerly in
that limit and its production to a point one hbndred and eight feet
(108') westerly of the westerly limit of McKay Avenue; thence northerly
parallel with McKay Avenue to the northerly limit of Quebec Street;
thence westerly to and along the northerly limit of Quebec Street (pro-
posed) to the westerly limit of farm lot 70; thence southerly along said
westerly limit to the northerly limit of Manitoba Street; thence westerly
along the northerly limit of Manitoba Street and its westerly production
to the place of beginning.

:li;

SCHEDULE "B"

Agreement made the sixth day of December in the year of our Lord
one thousand nine hundred and twenty-seven.

Between :

The Board of Water Commissioners, of the Town of
Sandwich, hereinafter called the party,

of the first part,
and

The Municipal Corporation of the Town of Sandwich,
hereinafter called the party,

of the second part.

And whereas it is necessary in order to conserve the water used in
the town and to prevent its improper use, to instal meters in the water
system;

And whereas the cost of such installation will be the sum of Forty-five
Thousand Dollars ($45,000.00) and the Board of Water Commissioners
have requested the party of the Second Part to raise the said sum by
debentures payable in equal annual instalments including principal and
interest in one sum to be raised annually and the Corporation of the
Town of Sandwich has agreed to comply with the request of thb said
Board and to raise the said sum by debentures subject to validation thereof
by the Legislature of the Province of Ontario.

Now therefore the sa;d Board of Water Commissioners covenants,
promises and agrees with the Municipal Corporation of the Town of
Sandwich as follows-

1. During the currency of the said debentures issued or to be issued
in the sum of $45,000.00 by the Corporation of the Town of Sandwich
under the authority of by-law number 1689 passed on the 21st day of
November, 1927, for the purpose of paying the cost of installing water
meters as set out in the preamble or of such other debentures as may be
issued under any other by-law in lieu thereof, the Board of Water Com-
missioners will raise by special rate from the users of water in the Town
of Sandwich or other persons chargeable with the same under the Statute
in that behalf provided in addition to all other rates and charges made
for water by the said Board of Water Commissioners a sum sufficient each
year to pay the amount of the equal annual instalments necessary to
retire the said debentures and the interest thereon as provided in the said
by-law and will pay the same over to the Corporation of the Town of
Sandwich without deduction, defalcation, set-off, or reduction by way of
counter-claim or otherwise not later than the first day of December in
each and every year.

2. The Corporation of the Town of Sandwich covenants that it will
apply the said money so received to the liquidation of the said debentures
and for no other purpose whatever.

In witness whereof the parties hereto have hereunto set their hands and
seals.

Signed, sealed and delivered
in the presence of:

(Sgd.) Henry Carmichael,

Chairman, Sandwich Water
Board (Seal )

(Sgd.) E. R. North,

Secretary, Water Board.

(Sgd.) Alex McKee,

Mayor.

(Sgd.) E. R. North, (Seal)

Clerk.

■\

s?-

3 o

? ^

?5-

alidal
Df San

s 1^

!:y

►3 ^. o

§ «>

Cfe

§.• ^

t— »•

o o 2

cS" O^

§t

i4^

^ va

13'

en P ^,

OTQ

0^3

I-*

cro

* 5 5

"-^ W

2 ^

o ^

O) c«

^ o

►-^

«s>.

rt-

is'

I— I

r
r

o O-l
J^ o

VO
to

No. 13.

1928.

BILL

An Act respecting the Town of Walkerville.

WHEREAS the corporation of the town of Walkerville Preamble,
has by petition prayed for special legislation in respect
to the matters hereinafter set forth ; and whereas it is expedient
: to grant the prayer of the said petition ;

Therefore, His Majesty, by and with ^he advice and
consent of the Legisls^tive Assembly of the Province of.
Ontario, enacts as follows: —

1. This Act may be cited as The Town of Walkerville Act, sho^t title.
1^28. -; -. - ^ ;

2. The ^ree councillors obtaining the largest number of J^omce of
votes at i^he election to be held in the month of December, councillors.
1928, shall hold office for the term of two years, and the
remaining ^ree councillors shall hold office for ^e term of one ^
year, commencing on the 1st day of January, 1929. All
elections for councillors subsequent to t;he said election shall

be for three councillors only, to hold office for two years,
commencing on the first day of the calendar year following
the election.

3. Where a vacancy in the council occurs from and after vacancy
the 1st day of January, 1929, from any cause, the council and appoint-
shall immediately appoint a successor who shall hold office Accessor,
during the remainder of the term for which his predecessor

was elected.

4. The council may by by-law provide that the first meet- Power to fix
ing of the council shall be held on the first Monday in January, hour of first
except where that day is a holiday, and in that case, on the '"®®*^'^^-
following Tuesday at an hour to be fixed in the by-law.

6. This Act shall come into force on the day upon which SeStTf"""®"
it receives the Royal Assent. •^'^*-

3 O

U> KJ I-'

S? !^ ^

fD fO ffi

P fU JU

Q. a D-

5' 5' 5*

QfQ orq OfQ

'O vO vO
hO NJ to

00 00 00

O
el-
s'
CfQ
rl-

n
o

3
o

Oo'

o -

or? H-
fX) ^4

<3-

"^ r

00 w.
■ p

No. 14. 1928.

BILL

An Act to consolidate the Floating Debt of the
City of St. Thomas.

WHEREAS the municipal corporation of the city of St. Preamble.
Thomas has by its petition represented that the said
corporation has incurred a floating debt, amounting to $79,174
for payment of which no fund has been provided ; and whereas
the said corporation has represented that to Hquidate the said
debt forthwith, in addition to meeting its current annual
expenditures would be unduly burdensome to the ratepayers
of the city; and whereas the said city of St. Thomas has by its
petition prayed that it may be authorized to borrow money
by the issue of debentures, payable in annual instalments to
discharge the said debt; and whereas the said corporation
has by its petition prayed that an Act may be passed for such
purpose; and whereas it is expedient to grant the prayer of
the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1928

This Act may be cited as The City of St. Thomas .4c/, short title.

2. The floating debt of the corporation of the city of St. J^^f ^^^ggoij.
Thomas is consolidated at the sum of $79,174 and the saiddated^at
corporation may borrow by a special issue of debentures a

sum not exceeding $79,174 for the purpose of paying the said
floating debt.

3. The said debentures shall be made payable in not more J|^^°Jj.gg
than fifteen years from the date of issue thereof, and shall and interest.
bear interest at a rate not exceeding five per centum per
annum, and may be issued either with or without coupons
attached thereto for interest, and shall be payable at such

place or places as the corporation may deem expedient.

4. The said debentures shall be payable in equal annual j^^^^^^/j^^^^'^^^
instalments of principal and interest, in such manner and of of principal

^ ' ,,.-.., and interest.

such amounts that the amount payable for principal
and interest in any year shall be equal as nearly as may be to

Special rate.

Application
of proceeds
of deben-
tures.

Assent of
electors not
required.

Rev. Stat.
c. 233.

Irregularity
in form not
to invalidate,

what is payable for principal and interest during each of the
other years of the period within which the said debt is to be
discharged.

5. The said corporation shall levy and collect in each year
during the period within which the said debt is payable, in
addition to all other rates, a special rate sufficient to produce
and pay the annual instalments of principal and interest
falling due upon the said debentures.

6. The said debentures and all moneys arising from the
sale thereof shall be applied in payment of the said indebted-
ness and for no other purpose.

7. It shall not be necessary to obtain the assent of the
electors of the city of St. Thomas to the passing of any by-law
which shall be passed under the authority of this Act or to
observe the formalities in relation thereto prescribed by The
Municipal Act.

8. No irregularity in the form of the said debentures or
any of them, or of any by-law authorizing the issue thereof,
shall render the same invalid or illegal, or be allowed as a
defence to any action brought against the said corporation
for the recovery of the said debentures or interest or any part
thereof; and the purchaser or holder thereof shall not be
bound to enquire as to the necessity of passing such by-law
or issuing debentures or as to the application of the proceeds
thereof.

9. It shall be the duty of the treasurer, for the time being,
of the said city, to keep, and it shall be the duty of each of
the members, from time to time, of the council to procure
such treasurer to keep, and see that he does keep, a proper
book of account, setting forth a full and particular statement,
so that the same shall at all times show the number of deben-
tures which from time to time shall be issued under the
powers conferred by this Act and the respective amounts,
payment of which is thereby secured, and the times at which
the said debentures shall respectively become due and pay-
able, and the several amounts which shall, from time to time,
be realized from the sale or negotiations of the said debentures,
and the application which shall, from time to time, be made
of the said amounts; and the said book of account and state-
ment shall at all times, and at all reasonable hours, be open
to the inspection of any ratepayer of the said city, and of any
of the holders, from time to time, of the debentures which
shall be issued under the powers hereby conferred, or any of
such debentures.

Commence- l®. This Act shall come into force on the day upon which
ment of Act. j^ receives the Royal Assent.

Treasurer to
keep proper
books of
account.

s,'

H
n

P^ ^13 O
5* 2. w

OJ to H-k

173 JJd ^

fD ft fD

fa p pj

CL O' Cl

5' 5* 5'

Crq orq crq

vO vO VO
to S3 KJ

00 00 oo

>
>

ft)
o

rt
5*

H
o

I— t

r
r

1— k

C/)

Cfi

O
re

►2
o'

"•

OK?

h- '

•<I

V-k

crq_

No. 15.

1928.

BILL

An Act respecting The Kitchener- Waterloo Young
Men's Christian Association.

WHEREAS The Kitchener-Waterloo Young Men's Preamble.
Christian Association has by petition represented that
said association was incorporated in the year 1920 without
share capital under The Ontario Companies Act, chapter 178
of the Revised Statutes of Ontario, 1914, and that the associa-
tion has been conducted and its operations carried on under a
constitution and by-laws of the association adopted June
24th, 1920; and whereas the said association has by its petition
prayed that an Act may be passed extending its powers as
hereinafter set out; and whereas it is expedient to grant the
prayer of said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Kitchener-Waterloo ^^ort mi*,
Y.M.C.A. Act, 1928.

2. The incorporation of the said association is confirmed in^or-^^
and the association is declared to be a body corporate and confirmed,
politic, without share capital, under the name of "The
Kitchener- Waterloo Young Men's Christian Association" and
designated throughout the remainder of this Act as **the
association."

3. The objects of the association shall be the spiritual, ^Weote^^^^
mental, social and physical improvement of young men and

boys by the maintenance and support of meetings, lectures,
reading and recreation rooms, libraries, gymnasia, athletic
grounds, summer camps, aquatic facilities, dormitories, lunch
rooms and such other means as may from time to time be
determined upon and to establish, maintain and operate
branch associations in the city of Kitchener, in the town of
Waterloo and the vicinity of said city and townj and also to
co-operate with the Young Women's Christian Association
of Kitchener in such manner as may from time to time be

determined upon for the spiritual, intellectual, social and
physical development of young women and girls.

ill.

amf By-Yaws" ^" ^^^ constitution and by-laws of the association adopted
on the 24^ of June, 1920, are hereby declared to have been
the constitution and governing by-laws of the association
and save as the same may be added to, amended or repealed
and others substituted therefor, t^he said constitution and
by-laws are hereby declared to be the constitution and
governing by-laws of the association.

menTof ^' Notwithstanding anything to the contrary in the said

Constitution constitution and governing by-laws or either of them con-
' tained, it is hereby declared that the association has the
power to alter or amend by a vote of two-thirds of the members
present at any regularly constituted meeting of the members
of the association any part of the constitution, which alteration
or amendment shall have first been approved by the board
of directors and conspicuously posted in the main building
of the association for at least one month previous to the
association meeting and the governing by-laws may be
amended at any regular meeting of the board of directors
by two-thirds of the members present, provided notice of
such amendment shall have been given in writing at a previous
regular meeting.

mfmheTs!"^ 6. The officers and members of the board of directors of
the association at the time of the passing of this Act shall be
the officers and members of the board of directors of the said
association and shall retain their respective offices until
others shall be elected in their places under the constitution
and by-laws of the association.

directm-s.°*^ "^ ■ ^^^ association may by by-law increase or decrease

the number of directors and provide as to qualification,

mode of election and the time for which the directors shall
hold office.

Sin^'^o^"^^^^ 8. The said association shall be carried on without the
members. purpose of gain for its members and any profits or other

accretions to the association shall be used in promoting its

objects.

pSpe^ty^^ ^- All property, real and personal, belonging to or held in

trust for the association shall be held, used, administered or
alienated subject to the provisions of this Act in accordance
with the constitution and by-laws of the association as the
same may be added to or repealed according to the provisions
of the said constitution and by-laws.

" ■ k

10. The said association may acquire and hold in the Power
city pf Kitchener, in the town of Waterloo and the vicinity and dispose
of either said city or town, any real property or any estate tlta'te.

or interest therein either by purchase, lease, gift, devise or
bequest, either absolutely or in trust and to sell, transfer,
exchange, mortgage, hypothecate, lease or otherwise alienate
or dispose of the same or any part thereof and apply the
proceeds of any such property for its purposes. Provided
that no land at any time acquired by the association and not
required for its actual use and occupation or by way of
security for the payment of any loan, debt or guarantee,
shall be held by it or by any trustee on its behalf for a longer
period than seven years after it shall cease to be so required,
but this proviso shall not be deemed in any wise to vary or
otherwise aflfect any trust relating to such property.

11. The buildings, lands, equipment and undertaking of Exemption
the association in the city of Kitchener, so long as the sametion.

are occupied by and used for the purposes of the association,
shall be and the same are hereby declared to be exempt from
taxation for the year 1928 and thereafter except for local
improvements and garbage taxes.

12. The said association may borrow money for its pur- borrowing,
poses upon its credit and may mortgage, hypothecate, or

pledge any of its property, real or personal, as security for
any loan.

13. The association may establish an endowment fund or ^^^^"^"yj^jj
funds for the purpose of promoting and extending its aims and
objects and in furtherance of such purpose to obtain, set

aside and hold subscriptions, donations, gifts and bequests
under such regulations and conditions in respect thereto as
may from time to time be decided upon by the board of
directors.

14. The said association may lend money upon the security Loaning,
of real estate and may invest and re-invest any of its funds

and moneys in any debentures of municipal or public school
districts or corporations, Dominion or provincial debentures,
bonds, stocks, or in Dominion or provincial securities, or in
any security the payment of which is guaranteed by the
Dominion of Canada or any Province thereof, and for all
purposes of any loan or investment it shall have all such
rights and remedies for collection, enforcement or repayment
thereof as any individual or corporation would have by law
in the premises.

15. The said association may establish a system of technical Technical
education, including such branches of science and develop-

ment of such of the industrial or other lines of education as
the board of directors of the association may from time to
time determine.

Commence- 16. This Act shall come into force on the day upon which
ment of j^ receives the Royal Assent.

t t ,

H
tr

'T3

CfQ

OO tsj I-'

3 3 en

o o

J:C ^ >d
(V n o

0^ ??

3
0-

^ ^ ^

CL Cl. CL

5' 5' 5'

C/Q (K? Crq

S fD
3 C".

O) 3

PH w

O -
i-t

I-, 3- i-H

crq *-*

LL.

e Kitchene
istian Asso

7th Legislat
eV, 1928.

G. 7

!—»>—»»—'

vO O O

bs3 K3 K3

3 (?

00 00 00

No. 15.

1928.

BILL

An Act respecting The Kitchener- Waterloo Young
Men's Christian Association.

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Kitchener-Waterloo short ut\e.
Y.M.C.A. Act, 1928.

2. The incorporation of the said association is confirmed incor-

11 •••1111 11 1 Poration,

and the association is declared to be a body corporate and confirmed,
politic, without share capital, under the name of "The
Kitchener- Waterloo Young Men's Christian Association" and
designated throughout the remainder of this Act as "the
association."

3. The objects of the association shall be the spiritual, 2^J®^.*|^?Jj^
mental, social and physical improvement of young men and

boys by the maintenance and support of meetings, lectures,
reading and recreation rooms, libraries, gymnasia, athletic
grounds, summer camps, aquatic facilities, dormitories, lunch
rooms and such other means as may from time to time be
determined upon and to establish, maintain and operate
branch associations in the city of Kitchener, in the town of
Waterloo and the vicinity of said city and town; and also to
co-operate with the Young Women's Christian Association
of Kitchener in such manner as may from time to time be

determined upon for the spiritual, intellectual, social and
physical development of young women and girls.

Constitution
and By-laws.

4. The constitution and by-laws of the association adopted
on the 24th of June, 1920, are hereby declared to have been
the constitution and governing by-laws of the association
and save as the same may be added to, amended or repealed
and others substituted therefor, the said constitution and
by-laws are hereby declared to be the constitution and
governing by-laws of the association.

Amend- 5. Notwithstanding anything to the contrary in the said

Constitution constitution and governing by-laws or either of them con-
■ tained, it is hereby declared that the association has the
power to alter or amend by a vote of two-thirds of the members
present at any regularly constituted meeting of the members
of the association any part of the constitution, which alteration
or amendment shall have first been approved by the board
of directors and conspicuously posted in the main building
of the association for at least one month previous to the
association meeting and the governing by-laws may be
amended at any regular meeting of the board of directors
by two-thirds of the members present, provided notice of
such amendment shall have been given in writing at a previous
regular meeting.

Officers and
members.

6. The officers and members of the board of directors of
the association at the time of the passing of this Act shall be
the officers and members of the board of directors of the said
association and shall retain their respective offices until
others shall be elected in their places under the constitution
and by-laws of the association.

Number of 7. The association may by by-law increase or decrease
the number of directors and provide as to qualification,
mode of election and the time for which the directors shall
hold office.

^?A'\^'^'^'^^ 8. The said association shall be carried on without the

gain to

members. purpose of gain for its members and any profits or other
accretions to the association shall be used in promoting its
objects.

pr^ope"ty°^ 9. All property, real and personal, belonging to or held in

10. The said association may acquire and hold in the Power
city of Kitchener, in the town of Waterloo and the vicinity and dispose
of either said city or town, any real property or any estate estate,
or interest therein either by purchase, lease, gift, devise or
bequest, either absolutely or in trust and to sell, transfer,
exchange, mortgage, hypothecate, lease or otherwise alienate
or dispose of the same or any part thereof and apply the
proceeds of any such property for its purposes. Provided
that no land at any time acquired by the association and not
required for its actual use and occupation or by way of
security for the payment of any loan, debt or guarantee,
shall be held by it or by any trustee on its behalf for a longer
period than seven years after it shall cease to be so required,
but this proviso shall not be deemed in any wise to vary or
otherwise affect any trust relating to such property.

11. — (1) The buildings, lands, equipment and undertaking Exemption
of the association in the city of Kitchener, so long as the same tion.
are occupied by and used for the purposes of the association,
shall be and the same are hereby declared to be exempt from
taxation for the year 1928 and thereafter except for local
improvements and garbage taxes.

It^^(2) The Act passed in 1924 and chaptered 146 is repeal-
ed in so far as it applies to the Kitchener-Waterloo Young
Men's Christian Association .""^1

12. The said association may borrow money for its pur- Borrowing,
poses upon its credit and may mortgage, hypothecate, or

pledge any of its property, real or personal, as security for
any loan.

13. The association may establish an endowment fund or Endow-

-,,, c • 1 I''- 1 nient Fund.

funds for the purpose of promotmg and extendmg its aims and
objects and in furtherance of such purpose to obtain, set
aside and hold subscriptions, donations, gifts and bequests
under such regulations and conditions in respect thereto as
may from time to time be decided upon by the board of
directors.

14. The said association may lend money upon the security Loaning.
of real estate and may invest and re-invest any of its funds

and moneys in any debentures of municipal or public school
districts or corporations. Dominion or provincial debentures,
bonds, stocks, or in Dominion or provincial securities, or in
any security the payment of which is guaranteed by the
Dominion of Canada or any Province thereof, and for all
purposes of any loan or investment it shall have all such
rights and remedies for collection, enforcement or repayment

thereof as any individual or corporation would have by law
in the premises.

Technical
education.

15. The said association may establish a system of technical
education, including such branches of science and develop-
ment of such of the industrial or other lines of education as
the board of directors of the association may from time to
time determine.

mlnt^oT''^' 1®- This Act shall come into force on the day upon which
■A-ct- it receives the Royal Assent.

'-'Hi

F S''

o ^

== 2. ?d
O

ffQ

3
CD

go. 2-
o

<Ji

1— »

o o

d '^

3
p.

cS"

?«

J«

0^ ^

(T>

0)" 3

Oo"

y H to

^ tr 1— !

S ^

c^" <T> P

5i- ■="

> ^
en n>

1— k

en 3
O 0)
O '-t

00 Cfi^

■ p

1'^

r*i»

1— '

I—'

1— k

3 f?

«;».

r^-l

11^ I

No. 16.

1928.

BILL

An Act respecting the City of Ottawa.

WHEREAS the corporation of the city of Ottawa has, Preamble,
by its petition, prayed that it should be enacted as
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Ottawa Act, 192 8. ^horttme.

2. The council of the said corporation may provide bypower
by-law for an issue of debentures not exceeding $40,000 3o.^||^®_
payable within thirty years from their date, for the purpose ^^®jf^entures
of defraying the cost of constructing and extending water- mains and

■' , . services.

mams and water services.

3. For the payment of the debt and interest represented Mode of
by the debentures to be issued under the authority of section debentures,
2 of this Act, there shall be raised annually by the corporation fo'^^Jpe'ci^i
during their currency, with the authority conferred in, and^®^'^-

by, an Act passed in the thirty-fifth year of the reign of Her
late Majesty Queen Victoria, chaptered 80, and intituled
An Act for the Construction of Waterworks for the City of
Ottawa, from the water rates, a sum sufficient to discharge
the said debt and interest, when and as the same shall respec-
tively become due, such sum to be in addition to the money
required to be raised to meet the charges of maintenance and
cost of renewals in connection with the said waterworks, and
for the payment of the principal and interest of all debts
heretofore contracted for the purposes of the said waterworks,
but if at any time, the moneys accruing from the said water
rates shall prove insufficient for the purpose aforesaid, then,
when and so often as the said deficiency shall occur, there
shall be raised, levied and collected, by the said corporation,
by a special rate upon ^he assessable property of the said

corporation, according to the then last revised assessment
roll thereof, a sum sufficient to make good such deficiency.

4. The council of the said corporation may provide by
by-law for an issue, or issues, of debentures payable within

Power
to issue
iO-year

for'oerta^n^ twenty years from their date and not exceeding the following
purposes.

amounts, for the purposes specified:

Completion
of building
on By Ward
Market.

(a) $60,000 for the completion of the new building on
By Ward Market and for the reconstruction of the
adjacent sidewalks and pavements;

stables for

municipal

garbage

collection

system.

(b) $20,000 to provide for the cost of erecting and
equipping stables for the municipal garbage col-
lection system;

Loss

in sale of

certain i '

debentures.

Corpora-
tion 8 share
of cost of a
certain
sewer.

Power
to issue
10-year
debentures
for certain
purposes.

Repaving
By Ward
Market
Square.

Widening

certain

pavements.

debentures during 1927;

(d) $6,000 to provide the corporation's share of the cost

of a sewer to drain the Chateau Laurier.

5. The council of the said corporation may provide by
by-law for an issue, or issues, of debentures payable within
ten years from their date, and not exceeding the following
amounts, for the purposes specified:

(a) $10,000 for repaving the By Ward Market vSquare;

(h) $20,000 to defray the cost of widening the pavements
and re-locating the sidewalks and other corporation
works on Albert Street between Canal Street and
Kent Street, and on Metcalfe Street between Slater
and Albert Streets;

Apparatus
for fire
department.

Traffic
control
equipment.

(d) $10,000 to provide for the purchase and installation
of traffic control equipment.

Assent of
electors not
required.

Rev. Stat.,
o. 233.

6. — (1) It shall not be necessary for the said corporation
to obtain the assent of the electors of the said city qualified
to vote on money by-laws, to the passing of any of the money
by-laws authorized by sections 2, 4 and 5 of this Act, or to
observe in respect thereto the formalities prescribed by l^he
Municipal Act in relation to the passing of money by-laws.

interest and ^^^ Debentures issued under the provisions of any of the

manner of said by-laws shall bear interest at such rate as the council of
payment. ^

the said corporation shall, in such by-law determine, and the
principal and interest thereof may be made payable in any
manner authorized by The Municipal Act.

(3) No irregularity in the form of any of the debentures irregularity
issued under the authority of this Act, or in any by-law iJot^to"
authorizing the issue thereof, shall render the same invalid, '"^^"*^^*®"
or be allowed as a defence to any action brought against the
corporation of the city of Ottawa for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

H . The council of the said corporation instead of borrowing. Corporation
by separate money by-laws, the sums authorized by sections soiidate bor-
4 and 5 of this Act, may consolidate any two or more of such '"°^'"^^-
borrowings of like maturity and issue one series of debentures
therefor; provided that each such consolidating by.law shall
show by recitals or otherwise, the separate sums which make
up the total borrowing, and the purposes for which such sums
are to be expended.

8. Clause {e) of section 1 of an Act passed in 1917, chaptered i9i7, c. 79,
79, intituled An Act respecting the City of Ottaiva, is repealed, repealed.

9. The council of the said corporation may make a grant Grant of
of $5,000 to a fund for the erection of a Women's Memorial Women-'s
Building on a site in the city of Ottawa to be furnished by Bulwin^.'
the Government of Canada.

10. By-law number 6383 of the said corporation, a true By-law
copy of which is set out in schedule "A" to this Act is validated ^nflrme^d.
and confirmed, and all debentures issued or to be issued there-
under, and all assessments made or to be made for the pay-
ment thereof are ratified and confirmed and declared to be'

legal, valid and binding upon the said corporation and the
ratepayers thereof.

11. Notwithstanding the provisions of subsection 10 of
section 400 and of subsection 8 of section 401 of The Municipal
Act, the council of the said corporation may, by by-law, to
be passed with the approval of the Ontario Railway and
Municipal Board, impose, levy and collect fees for weighing
coal, coke, stone, lime and other commodities, but not includ-
ing hay or grain, in excess of the fees prescribed by subsection
8 of section 401 of the said Act, and may from time to time
with the like approval amend or repeal any such by-law.

Power to
fix fees for
certain
purposes.

Rev. Stat,
c. 233.

12. All sales of land, within the municipality of the city Tax sales
of Ottawa, made by the treasurer thereof, in the year 1926, confirmed.'
purporting to be made for arrears of taxes due in respect of
the lands so sold, are validated and confirmed, and all con-

veyances of land so sold executed by the mayor, treasurer
and clerk of the said city, purporting to convey the said lands
to the purchaser thereof, or his assigns, or to the corporation
of the said city, shall have the effect of vesting the lands so
sold in the purchaser thereof, his heirs and assigns, or in the
corporation of the said city, its successors and assigns, as
the case may be, in fee simple, and clear of, and free from,
all right, title, interest and claim whatsoever of the former
owners thereof and their assigns and of all mortgages, charges,
liens and encumbrances thereon, except taxes accruing after
those for non-payment of which the said lands were sold,
provided that nothing in this section contained shall affect
or prejudice the right or rights of any person under any
litigation pending on the date upon which this Act receives
the Royal Assent.

•

Dlst^r^ct ^^- ^^^ council of the said corporation may provide by

Commission by-law that the plans and specifications of all buildings here-
to have ; '^ ^ , , , .
authority alter proposed to be erected or altered upon land abuttmg

ing plans upon Elgin Street between Wellington Street and Lisgar

sfreet^R.^^" Street shall be submitted to and approved of by the Federal

District Commission, constituted as provided by The Federal

District Commission Act, 1927 (Canada), and that the granting

or refusing of authority to erect or alter such building shall

be in its discretion, and that its action shall not be open to

question or review by any court.

Senfof'^^^' 1^- This Act shall come into force on the day upon which
■^°*' it receives the Royal Assent.

SCHEDULE "A"

By-law Number 6383

A By-law of the Corporation of the City of Ottawa to provide for
borrowing $10,377.84 upon debentures to pay for the construction of
certain locail improvement works.

Whereas, pursuant to construction By-law Number 6164 passed on
the 5th day of July, 1926, csertain sanitary sewers together with Sewage
Pumping Plant have been constructed on the streets and between the
points as shown in columns numbers 4, 5 and 6 of Schedule "A" hereto,
as a local improvement, under the provisions of Section 10 of the Local
Improvement Act.

And whereas the Provincial Board of Health has approved of the
construction of the said works and such ap^oval has been certified under
the hands of the Chairman and of the Secretary of the said Board.

And whereas the total cost of such works, the property-owners' portion
thereof and the Corporation's portion thereof, are shoWn in columns
numbered 7, 8 and 9 respectively of the said Schedule;

And whereas the estimated lifetime of the said works is more than
20 years, as shown in column number 10 of the said schedule;

And whereas it is necessary to borrow on the credit of the Corporation
the sum of $10,377.84 being the total cost of the said works, as shown in
column number 7 of the said schedule, and to issue debentures therefor,
payable within 20 years from the issue thereof, as shown in column number
11 of the said Schedule, and bearing interest at the rate of 43^ per centum
per annum, which is the amount of the debt intended to be created by
this by-law;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of 20 years from the date of
the issue of the said debentures of such amounts respectively, that the
aggregate amount payable for principal and interest in any year shall be
equal, as nearly as may be, to the amount payable for the principal and
interest in each of the other years;

And whereas it will be necessary to raise annually the sum of $797.81
as shown in column number 14 of the said Schedule, during the said
period of 20 years for the payment of the said yearly sums of principal
and interest as they shall become due, of which amount the sum of $581.18
shall be raised annually for the payment of the property-owners' portion
of the said debt and interest thereon, as shown in column number 12 of
the said Schedule, and the sum of $216.63 shall be raised annually for
the payment of the Corporation's portion of the said debt and interest
thereon, as shown in column number 13 of the said Schedule;

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last revised assessment roll is $144,594,797.00;

And whereas the amount of the existing debenture debt of the Corpora-
tion, exclusive of local improvement debts secured b^ special rates or
assessments, is $18,326,537.41, and no part of the principal or interest
thereof is in arrear;

Therefore, the Municipal Council of the Corporation of the City of
Ottawa enacts as follows: —

1. For the purposes aforesaid there shall be borrowed on the credit
of the Corporation at large the sum of $10,377.84 and debentures shall be
issued therefor in sums of not less than $50.00 Canadian currency each,
and all such debentures may be made payaHe, both as to principal and
interest, at such chartered banks or banking houses in Canada or in the
United States of America as may be designated on the said debentures,

in gold coin of, or equivalent to, the standard of weight and fineness
fixed for gold coin at this date by the laws of the United States of America.

2. The said debentures shall all bear interest at the rate of 4)^ per
centum per annum, and have coupons attached thereto for the payment
of the interest semi-annually, upon the first day of the months of Januars'
and July in each year, which coupons shall be signed by the Treasurer of
the Corporation, whose signature may be written, stamped, lithographed
or engraved thereon.

3. The debentures shall aU bear the same date and shall be issued
within two years after the date upon which this by-law is passed and
may bear any date within such two years, and shall be payable within
20 years from the date of the said debentures with interest at the rate of
43^ per centum per annum, as shown by the following schedule, and the
respective amounts of principal and interest payable in each year of such
years shall be as follows: —

Schedule

I;:;

B I

Year

Total .

Amount of

Annual

Interest

Principal

Payment

Payable

$467 00

$330 81

$797 81

452 12

345 69

797 81

436 56

361 25

797 81

420 30

377 51

797 81

403 32

394 49

797 81

385 57

412 24

797 81

367 02

430 79

797 81

347 63

450 18

797 81

327 37

470 44

797 81

306 20

491 61

797 81

284 08

513 73

797 81

260 96

536 85

797 81

236 80

561 01

797 81

211 56

586 25

797 81

185 18

612 63

797 81

157 61

640 20

797 81

128 80

669 01

797 81

98 69

699 12

797 81

67 23

730 58

797 81

34 36

763 45

797 81

$5,578 36 $10,377 84 $15,956 20

4. Each of the said debentures shall be signed by the Mayor of the
Corporation or by some other person authorized by by-law to sign the
same, and also by the Treasurer thereof and shall be sealed with the
Seal of the Corporation.

5. During 20 years, the currency of the debentures, there shall be
raised annually for the payment of the property-owners' portion of the
said debt and interest thereon the sum of $581.18, as shown in column
number 12 of the said schedule, and for the payment of the Corporation's
portion of the cost and the interest thereon there shall be raised annually
the sum of $216.63, as shown in column number 13 of the said schedule,
making in all $797.81, as shown in column number 14 of the said schedule,
to be raised annually for the payment of the said debt and interest.

6. For the payment of the property-owners' portion of the cost of
the said works and the interest thereon, the special assessment set forth
in the assessment roll prepared for the said works is hereby imposed upon
the lands liable therefor, as therein set forth, which said special assess-
ment, with a sum sufficient to cover interest thereon at the rate aforesaid,
shall be payable in equal annual instalments during the currency of the
debentures, and for that purpose the respective special annual rates per
foot frontage, as shown in column number 16 of the said schedule, are
imposed upon each lot entered in the said special assessment roll for the
said works, according to the assessed frontage thereof, over and above all

other rates and taxes, which special rates shall be collected annually by
the Collector of Taxes for the Corporation, at the same time and in the
same manner as other rates during the currency of the said debentures.

7. For the payment of the Corporation's portion of the cost of the
said works and the interest thereon, there shall be levied and raised annually
a special rate sufifi,cient therefor over and abbve all other rates, on all the
rateable property in the Municipality at the same time and in the same
manner as other rates.

8. The debentures may contain any clause providing for the registration
thereof, authorized by any statute relating to Municipal debentures in
force at the time of the issue thereof.

9. The amount of the loan authorized by this by-law may be con-
solidated with the amounts of any loans authorized by other local improve-
ment by-laws, by including the same with such other loans in a con-
solidating by-law authorizing the borrowing of the aggregate thereof as
one loan, and the issue of debentures for such loan in one consecutive
issue pursuant to the provisions of the statute in th^t behalf.

10. Pending the sale of the debentures, or in lieu of selling the same,
the Council may by resolution authorize the Mayor of the said Corpora-
tion and the Treasurer thereof to raise money by way of loan on the
security of such debentures or upon the security of some part of them,
and to hypothecate ahy or all of the said debentures as security for the
repayment of the said loan.

11. This By-law shall take effect on the day of the final passing thereof.

Given under the Corporate Seal of the City of Ottawa, this 16th day
of January, A.D, 1928.

(Sgd.) Norman H.

H. Lett,

City Clerk.

(Sgd.) Arthur Ellis,

Mayor.

^ a^Bqiuojj 500J jad ^-^vj jbtiuuy

IT) sajijadojd >5
•* passassB lo a^Hjuojj ^J

^ iqap JO juaiu^Bd joj AjiBnuuB
-< pasiBJ aq o:; junouiB jb^ojl

797 81

uoi;jod s,uopBjodj03

^ JO juauiABd JOJ ' Awenuu-e

pasiBj aq o? junouiB ib^ox

216 63

uoi^jod ^sjauMO
^ JO juauiXBd JOJ AjfBnuuB
'" pasiBJ aq oi :^unouiB ib:ioj^

^ sjBaA
'-^ ui sajn^uaqap jo ADuajjn3

Q sjBaA UI
'-' ^jOAt JO auii^aji] pa:jBuips3

isoo ib;oj
^ jo uopjod s^ uoi jBJOdJO^

2,817 88

:>soD [e?.o;
** JO uoijjod ^sjauAVQ A:^J^dOJJ

7,559 96

^ JSOO [BJOX

10,377 84

Warrington Dr.
Warrington Dr.
E. of lot 33....
W. of lot 90....

S. of lot 90

W. of lot 74.. . .
together with

S. Jimit lot 20
Harvard Ave.
Harvard Ave-
Harvard Ave.
Raleigh St....
Raleigh St. . . .
d Avenue East
ing plant.

Street

Harvard Ave.
Raleigh St....
Warrington Dr

■ Warrington Dr
Warrington Dr
Warrington Dr
Lot 26, Harvar

[ sewage pump

ff) AVBj-Xg uopDnj:isuo3 jo -o^

<N uaJiB^japun jjjo.w moh

„ IJOda^ jo o^

ffii

illiL^

?5 ►^ O
» J? o

£.
»'

OJ Ki H-k

3 3 CO

a a. ^

po psd pc

fD fD (^

fu p p:

O- D- O^

5' 5' 5'

crq crq Crq

X
o

\0 vo O

to K3 Ki

00 CX> 00

>
>

n>
o

crq
n>

*<:

l-H

r
r

O-
00 S

Cfl

O o*

fT> 3

O -

■-I
crq H-*

00 cn,
■ P

No. 16.

1928.

BILL

An Act respecting the City of Ottawa.

WHEREAS the corporation of the city of Ottawa has, Preamble,
by its petition, prayed that it should be enacted as
hereinafter set forth; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Ottawa Act, 1928. short ut\e,

2. The council of the said corporation may provide by power
by-law for an issue of debentures not exceeding $40,000 so-year-
payable within thirty years from their date, for the purpose ^^jF^^^tures
of defraying the cost of constructing and extending water- ^^inejind
mains and water services.

services.

3. For the payment of the debt and interest represented Mode of
by the debentures to be issued under the authority of section deb^tures!
2 of this Act, there shall be raised annually by the corporation ^Jr spfeoiai
during their currency, with the authority conferred in, and^^vy.
by, an Act passed in the thirty-fifth year of the reign of Her
late Majesty Queen Victoria, chaptered 80, and intituled
An Act for the Construction of Waterworks for the City of
Ottawa, from the water rates, a sum sufificient to discharge
the said debt and interest, when and as the same shall respec-
tively become due, such sum to be in addition to the money
required to be raised to meet the charges of maintenance and
cost of renewals in connection with the said waterworks, and
for the payment of the principal and interest of all debts
heretofore contracted for the purposes of the said waterworks,
but if at any time, the moneys accruing from the said water
rates shall prove insufficient for the purpose aforesaid, then,
when and so often as the said deficiency shall occur, there
shall be raised, levied and collected, by the said corporation,
by a special rate upon the assessable property of the said

corporation, according to the then last revised assessment
roll thereof, a sum sufficient to make good such deficiency.

4. The council of the said corporation may provide by
by-law for an issue, or issues, of debentures payable within

Power
to issue
20-year

foroertainf twenty years from their date and not exceeding the following
purposes.

amounts, for the purposes specified:

Completion
of building
on By Ward
Market.

(a) $60,000 for the completion of the new building on
By Ward Market and for the reconstruction of the
adjacent sidewalks and pavements;

stables for

municipal

garbage

collection

system.

(b) $20,000 to provide for the cost of erecting and
equipping stables for the municipal garbage col-
lection system;

Loss

in sale of

certain

debentures.

Corpora-
tion's share
of cost of a
certain
sewer.

Power
to issue
10-year
debentures
for certain
purposes.

Repaying
By Ward

Market
Square.

Widening

certain

pavements.

{d) $6,000 to provide the corporation's share of the cost
of a sewer to drain the Chateau Laurier.

(a) $10,000 for repaving the By Ward Market Square;

(b) $20,000 to defray the cost of widening the pavements

and re-locating the sidewalks and other corporation
works on Albert Street between Canal Street and
Kent Street, and on Metcalfe Street between Slater
and Albert Streets ;

Apparatus
for fire
department.

Traffic
control
equipment.

(d) $10,000 to provide for the purchase and installation
of traffic control equipment.

Assent of
electors not
required.

Rev. Stat.
c. 283.

6.— (1) It shall not be necessary for the said corporation
to obtain the assent of the electors of the said city qualified
to vote on money by-laws, to the passing of any of the money
by-laws authorized by sections 2, 4 and 5 of this Act, or to
observe in respect thereto the formalities prescribed by The
Municipal Act in relation to the passing of money by-laws.

Sterest and ^^^ Debentures issued under the provisions of any of the

manner of said by-laws shall bear interest at such rate as the council of
payment. -'

the said corporation shall, in such by-law determine, and the
principal and interest thereof may be made payable in any
manner authorized by The Municipal Act.

(3) No irregularity in the form of any of the debentures irregularity
issued under the authority of this Act, or in any by-law not°to"
authorizing the issue thereof, shall render the same invalid, ^'^^^'**^**®-
or be allowed as a defence to any action' brought against the
corporation of the city of Ottawa for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

7. The council of the said corporation instead of borrowing. Corporation
by separate money by-laws, the sums authorized by sections soUdate^bor-
4 and 5 of this Act, may consolidate any two or more of such '"O"^^'^^^-
borrowings of like maturity and issue one series of debentures
therefor; provided that each such consolidating by-law shall

show by recitals or otherwise, the separate sums which make
up the total borrowing, and the purposes for which such sums
are to be expended.

8. Clause ie) of section 1 of an Act passed in 1917, chaptered i9i7 c. 79,

S 1 CI (g^

79, intituled An Act respecting the City of Ottawa, is repealed, repealed.

9. The council of the said corporation may make a grant Grant of
of $5,000 to a fund for the erection of a Women's Memorial women^
Building on a site in the city of Ottawa to be furnished by g^uliding.^
the Government of Canada.

10. By-law number 6383 of the said corporation, a trueey-iaw
copy of which is set out in schedule "A" to this Act is validated ^nfirme^d. *
and confirmed, and all debentures issued or to be issued there-
under, and all assessments made or to be made for the pay-
ment thereof are ratified and confirmed and declared to be

legal, valid and binding upon the said corporation and the
ratepayers thereof.

11. All sales of land, within the municipality of the city J^^ 11^^®^^^
of Ottawa, made by the treasurer thereof, in the year 1926, confirmed'
purporting to be made for arrears of taxes due in respect of

the lands so sold, are validated and confirmed, and all con-
veyances of land so sold executed by the mayor, treasurer
and clerk of the said city, purporting to convey the said lands
to the purchaser thereof, or his assigns, or to the corporation
of the said city, shall have the effect of vesting the lands so
sold in the purchaser thereof, his heirs and assigns, or in the
corporation of the said city, its successors and assigns, as
the case may be, in fee simple, and clear of, and free from,
all right, title, interest and claim whatsoever of the former
owners thereof and their assigns and of all mortgages, charges,
liens and encumbrances thereon, except taxes accruing after

Federal

District
Commission
to have
authority
over build-
ing plans
on certain
streets.

those for non-payment of which the said lands were sold,
provided that nothing in this section contained shall affect
or prejudice the right or rights of any person under any
litigation which has been commenced prior to the date upon
which this section comes into force.

12. The council of the said corporation may provide by
by-law that the plans and specifications of all buildings here-
after proposed to be erected or altered upon land abutting
upon Elgin Street between Wellington Street and Laurier
Avenue shall be submitted to and approved of by the Federal
District Commission, constituted as provided by The Federal
District Commission Act, 1927 (Canada), and in case such
by-law is passed the granting or refusing of authority to erect
or alter such building shall so long as such by-law remains in
force, be in its discretion, and its action shall not be open to
question or review by any court.

Application j;^=13. The council of the said corporation may on or after
of certain January 1st, 1929, provide by by-law, to be passed without
obtaining the assent thereto of the electors qualified to vote on
money by-laws, that the money raised under the authority of
Debenture By-law number 3900 authorizing a borrowing of
$50,000 for the construction of an incinerator, and that the
unexpended balance of the monies at the credit of Debenture
By-laws numbers 4012 and 4198, authorizing certain borrow-
ings for the purpose of completing the construction of the
new bridge over the Rideau River at Bank Street, may be
applied and expended in paying outstanding debentures of
the corporation raised for general purposes."^!

Commence- 14. The provisions of this Act other than section 11 shall

Act. come into force on the day upon which it receives the Royal

Assent. Section 11 shall come into force on July 1st, 1928 .

SCHEDULE "A"

By-law Number 6383

A By-law of the Corporation of the City of Ottawa to provide for
borrowing $10,377.84 upon debentures to pay for the construction of
certain local improvement works.

Whereas, pursuant to construction By-law Number 6164 passed on
the 5th day of July, 1926, certain sanitary sewers together with Sewage
Pumping Plant have been constructed on the streets and between the
points as shown in columns numbers 4, 5 and 6 of Schedule "A" hereto,
as a local improvement, under the provisions of Section 10 of the Local
Improvement Act.

And whereas the Provincial Board of Health has approved of the
construction of the said works and such approval has been certified under
the hands of the Chairman and of the Secretary of the said Board.

And whereas the total cost of such works, the property-owners' portion
thereof and the Corporation's portion thereof, are shoWn in columns
numbered 7, 8 and 9 respectively of the said Schedule;

And whereas the estimated lifetime of the said works is more than
20 years, as shown in column number 10 of the said schedule;

And whereas it is necessary to borrow on the credit of the Corporation
the sum of $10,377.84 being the total cost of the said works, as shown in
column number 7 of the said schedule, and to issue debentures therefor,
payable within 20 years from the issue thereof, as shown in column number
11 of the said Schedule, and bearing interest at the rate of 434 per centum
per annum, which is the amount of the debt intended to be created by
this by-law;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of 20 years from the date of
the issue of the said debentures of such amounts respectively, that the
aggregate amount payable for principal and interest in any year shiall be
equal, as nearly as may be, to the amount payable for the principal and
interest in each of the other years;

And whereas it will be npcessary to raise annually the sum of $797.81
as shown in column number 14 of the said Schedule, during the said
period of 20 years for the payment of the said yearly sums of principal
and interest as they shall become due, of which amount the sum of $581.18
shall be raised annually for the payment of the property-owners' portion
of the said debt and interest thereon, as shown in column number 12 of
the said Schedule, and the sum of $216.63 shall be raised annually for
the payment of the Corporation's portion of the said debt and interest
thereon, as shown in column number 13 of the said Schedule;

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last revised assessment roll is $144,594,797.00;

Therefore, the Municipal Council of the Corporation of the City of
Ottawa enacts as follows : —

1. For the purposes aforesaid there shall be borrowed on the credit
of the Corporation at large the sum of $10,377.84 and debentures shall be
issued therefor in sums of not less than $50.00 Canadian currency each,
and all such debentures may be made payaMe, both as to principal and
interest, at such chartered banks or banking houses in Canada or in the
United States of America as may be designated on the said debentures,

in gold coin of, or equivalent to, the standard of weight and fineness
fixed for gold coin at this date by the laws of the United States of America.

2. The said debentures shall all bear interest at the rate of 43^ per
centum per annum, and have coupons attached thereto for the payment
of the interest semi-annually, upon the first day of the months of January
and July in each year, which coupons shall be signed by the Treasurer of
the Corporation, whose signature may be written, stamped, lithographed
or engraved thereon.

3. The debentures shall alj bear the same date and shall be issued
within two years after the date upon which this by-law is passed and
may bear any date within such two ^ears, and shall be payable within
20 years from the date of the said' debentures with interest at the rate of
4j^ per centum per annum, as shown by the following schedule, and the
respective amounts of principal and interest payable in each year of such
years shall be as follows: —

SCHEDtTLE

Amount of

Annual

Interest

Principal

Payment

Year

Payable

$467 00

$330 81

$797 81

452 12

345 69

797 81

436 56

361 25

797 81

420 30

377 51

797 81

403 32

394 49

797 81

385 57

412 24

797 81

367 02

430 79

797 81

347 63
327 37

450 18
470 44

797 81

306 20

491 61

797 81

284 08

513 73

797 81

260 96

536 85

797 81

236 80

561 01

797 81

211 56

586 25

797 81

185 18

612 63

797 81

157 61

640 20

797 81

128 80

669 01

797 81

98 69

699 12

797 81

67 23

730 58

797 81

34 36

763 45

797 81

Total...

$5,578 36

$10,377 84

$15,956 20

7. For the payment of the Corporation's portion of the cost of the
said works and the interest thereon, there shall be levied and raised annually
a special rate sufficient therefor over and above all other rates, on all the
rateable property in the Municipality at the same time and in the same
manner as other rates.

8. The debentures may contain any clause providing for the registration
thereof, authorized by any statute relating to Municipal debentures in
force at the time of the issue thereof.

9. The amount of the loan authorized by this by-law may be con-
solidated with the amounts of any loans authorized by other local improve-
ment by-laws, bv including the same with such other loans in a con-
solidating by-law authorizing the borrowing of the aggregate thereof as
one loan, and the issue of debentures for such loan in one consecutive
issue pursuant to the provisions of the statute in that behalf.

10. Pending the sale of the debentures, or in lieu of selling the same,
the Council may by resolution authorize the Mayor of the said Corpora-
tion and the Treasurer thereof to raise money by way of loan on the
security of such debentures or upon the security of some part of them,
and to hypothecate any or all of the said debentures as security for the
repayment of the said loan.

11. This By-law shall take effect on the day of the final passing thereof.

Given under the Corporate Seal of the City of Ottawa, this 16th day
of January, A.D. 1928.

(Sgd.)

Norman H. H. Lett,

City Clerk.

(Sgd.) Arthur Ellis,

Mayor.

S aSB^uojj tjooj J3d 3%vj iBnuuy

30.689

»o sapaadojd ^5
^ passassB jo aSB^uojj +;

^ ^qap JO :ju3uiXBd joj /^ijBnuuB
'-I pasiBJ aq o; ^unouiB ib:ioj^

uopjod s,uopBjodjo3

2 JO :>u3uiABd joj "AijBnuuB

pasiBj aq o; rjunouiB p^oj^

UOpJOd ,SJ9UMO

^ JO :^u^uIABd aoj Aubhuub
pasiBj aq o:i :junouiB Ib:jox

00
00

^ sjBaX
•^ ui S3jn:>u3qap jo Xouajjn3

Q SJB3A UT

•^ 3jjOA\ JO auipajij pa^Buipsg

o
cs
u
i)
>

;soD ib:>o;
®^ JO uoi:yod s^uopBJOdjo^

2,817 88

;soD ib;o;
°° jo uoi:jjod ,sjauAvo A^jadojj

7,559 96

^ 5S03 |b;ox

10,377 84

Warrington Dr.
Warrington Dr.
E. of lot 33....
W. of lot 90.. . .

S. of lot 90

W. of lot 74.. . .
together with

S. limit lot 20
Harvard Ave.
Harvard Ave.
Harvard Ave.
Raleigh St. . . .
Raleigh St. . . .
d Avenue East
ing plant.

4
Street

Harvard Ave.
Raleigh St....
Warrington Dr
Warrington Dr
Warrington Dr
Warrington Dr
Lot 26, Harvar
sewage pump

f*5 AVBi-Xg uoi^anj^suoo jo 'o^

c«« uajjB^japun ajjOAk. avoj^

^ WOda^ jo -o^

I'' i

»N ^ O

3 a. JO

mo
'* O

■I

■El

•i

fl>

h-k Mr
00 K

til

51-

o 1

crq

r
r

o Cp
•-t ►i
crq ?rt-

<\f

H^ RT

N3 IE.

00 p,

t)^5

•-*
00

n
o

No. 17.

1928.

BILL

An Act respecting the Town of Sudbury.

WHEREAS the municipal corporation of the town of Preamble.
Sudbury has, by its petition represented that it is
desirable that certain by-laws, specified in schedule "A"
hereto, and the debentures issued and to be issued thereunder,
should be validated and confirmed; and whereas the said
corporation has by its petition prayed that an Act may be
passed for the above purpose; and whereas no opposition
has been offered to the said petition; and whereas it is ex-
pedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town oj Sudbury ^<;^, short title
1928.

2. The by-laws specified in schedule "A" hereto and all^^fj^jf^s
debentures issued or to be issued thereunder are confirmed oonflrmed.
and declared to be legal, valid and binding upon the said
corporation and the ratepayers thereof.

3. This Act shall come into force on the day upon which commenco-

1 T^ 1 « J f men* of

It receives the Royal Assent. Act.

in, I

" 4)

^ ^ fe5 ^ ^ ^

fe?

o c

Oh Oh

O <u TO

£Q2i
< U

ID ■rt

^ 00 •^

O to

4-1 CQ

C/5

rt
^

a; c

3 fl nJ

2 3

Owe

■1^ o

«9=8 ?^

^ w S

O 0.2

O bo£

J- >>i— .

■~ a S
v^ >

."S o o

> 0) a>

3 CO

c o
^1

- X
C "1

■ +J u

■ c c

• (U o

: <u

.T3

C rt

a o b ^-^
c 3 «
o o£o ^

O •-"« '^ »-
"^ 2 '-' C

? "^ I' ?^

o !?-S o o

w c

R boO S 2

XI ^ r,._

u .3

3 <U

C «i
a; >C
XI +-■

C en

O ^

O en
O w

h o

Q, en -u m
>^ D tn tn

^ ti 2 c
c^ o

><-!•;

. - _ ^ >

O en tjo^ 9 '^'bhP d, ^
Vi t" 3 vT CJ +-"

o o

^ 3

^ i3

> C

CU 4,
O-P.

•i; cfl

(U tn

3 O
u

is 3

<U to

"2 3-

•r 0-3

O V-.

O tn
■>-> rt

f .
aj tn

w C

3 O

= 1
-O £

l|
3 O

O (U
O -M
\0 t«

QO" ^

fc c
o.o
X Z!

I- y

^£

0) en

"O c _
•> OX!

-a '-'•

■> O
- o

3 ri

t O

< < < < <

> ^ ■"
-2 '"" 'S ■
^1^1

■'-' en
^ O C
-2 '^ '3

1 K^ U

C2 2.-5

o ^^

,1, -3 cfl

QcScc

• ON

►J

n H
o O* J

«4.

<>J

h-k

■n

Q-

(T)

crq

CTC!

o o o

KJ to to

00 00 00

re
n

rt-
5'

crq

rt
3-

l-H

r
r

3
•Q-

no ">
en

Oo'

8 P

CfP H-

crq

No. 18.

1928.

BILL

An Act respecting the Beechwood Cemetery
Company of Ottawa.

WHEREAS the Beechwood Cemetery Company of the Preamble,
city of Ottawa was incorporated by an Act passed in
the thirty-sixth year of the reign of Her late Majesty Queen
Victoria, chaptered 149 for the purpose of establishing a
cemetery with the powers therein conferred upon the said
company; and whereas the said Act was amended by an Act
passed in the fifty-seventh year of the reign of Her late
Majesty, chaptered 95 ; and whereas the said Act was amended
by an Act passed in the fourth year of the reign of His Majesty
King George V, chaptered 127; and whereas the said Act
was amended by an Act passed in the eleventh year of the
reign of His Majesty King George V, chaptered 136; and
whereas the said company has by its petition prayed that the
said Act of incorporation as amended by the said subsequent
Acts may be amended as hereinafter set forth; and whereas
it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Beechwood Cemetery -4c/, short title.
1928.

2. The Act passed in 1873, chaptered 149, intituled ^^JS^ed*®-
Act to incorporate The Beechwood Cemetery Company oj the

City of Ottawa is amended by adding thereto the following
section :

15. — (1) If authorized by by-law, sanctioned by at least Authoriza-
two-thirds of the votes cast at a special general shareholders,
meeting of the shareholders duly called for con-
sidering the by-law, the directors may from time
to time, —

(a) Borrow money upon the credit of the company Power

not exceeding in all the sum of $50,000 for upon bonds,

debentures,
etc.

the purpose of making permanent improve-
ments to the cemetery and for this purpose
to issue bonds, debentures, debenture stock
or other securities of the company and
pledge or sell the same for such sums and at
such prices as may be deemed expedient;

Power
to borrow
upon mort-
gages, etc.

(b) Hypothecate, mortgage or pledge such of the
real and personal property of the company
as may remain unsold or undisposed of when
the said bonds, debentures or debenture stock
become payable to secure any such bonds,
debentures, debenture stock or other
securities.

Restriction
as to use
by mort-
gagee.

Rev. Stat.,
c. 317.

(2) Nothing herein contained shall authorize any
mortgagee or bond or debenture holder or trustee
therefor or any pledgee or anyone claiming under
them to use or deal with the cemetery in a manner
inconsistent with the continued use of it as a
cemetery or inconsistent with any provision of
The Cemetery Act or amendments thereto.

Commence- 3. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

sr
n

- rP O

TO 5 ?"

tn «<: H

CXI O

X
o

M
(-<

l_l

j«

::«

3 >

3 O

rc r+

Q-

f-f

re -t

.T ft)

Orq

orq

crq

specting the Beechw
y Company of Ottaw

h- '

1— '

1— k

P o

• o

r
r

ts3

D-

C/)

c«

CD
O

•-I

crp

h— *

1— 1

crq.

f-+

l-l

2
o

No. 19.

1928.

BILL

An Act respecting the Ontario and Minnesota Power
Company, Limited.

WHEREAS by an Act passed in 1912, chaptered 152, Preamble,
intituled An Act respecting the Ontario and Minnesota
Power Company, Limited, certain powers of expropriation
with respect to the lands set forth and described in section 1
of the said Act were conferred upon the Ontario and Minne-
sora Power Company, Limited ; and whereas the Ontario and
Minnesota Power Company, Limited, and the municipal
corporation of the town of Fort Frances have by their petition
represented that the said company did not exercise the said
powers within the time limited by the said Act for the exercise
thereof, and that the revival of the said powers with respect
to certain of the said lands, is necessary and expedient in
the interests of the said municipal corporation, and have,
by their petition prayed that it be enacted as hereinafter
provided; and whereas it is expedient to grant the prayer
of the said petition ;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. This Act may be cited as The Ontario and Minnesota short title.
Power Company, Limited Act, 1928.

2. The statute of Ontario, being 2 George V, chapter 152 i|^2.^o- 152.
(1912), is hereby revived and re-enacted in so far as it applies part.

to lot "D" and lot "36" as shown on the original plan of the
town plot of Alberton, in the town of Fort Frances, and not
otherwise.

3. The compa'ny shall have the right, and it is hereby Power to
empowered to enter upon, take and expropriate without the certaln'^ * ^
consent of the owners thereof, for the purposes of the con-^^"^^*
struction and operation of ^he company's industries at the
town of Fort Frances, t;he said lot "D" and lot "36."

Procedure.

Rev. Stat.,
0. 224.

4. The powers of expropriation hereby conferred upon t;he
company shall be exercised in accordance with the procedure
for expropriation set forth in The Railway Act save and
except that the district judge of the district of Rainy River
shall be the sole arbitrator as to the price to be paid for the
lands to be expropriated hereunder, and the same shall be
fixed by him as the fair market value thereof. In case the
company does not within six mon^s after the passing of this
Act proceed to expropriate the said lands and serve notice
of expropriation as hereinbefore provided, then the right
and power of expropriation hereby given shall at once cease
and be determined.

Repeal. 5. In SO far as the provisions of section 4 of the said Act

are inconsistent wi^ this Act, they are hereby repealed.

6. This Act shall come into force on the day upon which

Commence^

Act!* °^ it receives the Royal Assent

^. ^

3 n.

"'5?

^o.

O o*

£.

"S'

i-H

C** tS> H*

CL Q. <-•■

J^ ^ 5*

rt) (T f6

5 5 5

Ofp org OTQ

'O vO O
Nj bJ to

00 00 00

>
>

rl- i-i

o o
^ 5-

r
r

Co
3 p

IS3

Oo'

(t 3
O -

< 3-

00 w

No. 19.

1928.

BILL

An Act respecting the Ontario and Minnesota Power
Company, Limited.

WHEREAS by an Act passed in 1912, chaptered 152. Preamble,
intituled An Act respecting the Ontario and Minnesota
Power Company, Limited, certain powers of expropriation
with respect to the lands set forth and described in section 1
of the said Act were conferred upon the Ontario and Minne-
sora Power Company, Limited ; and whereas the Ontario and
Minnesota Power Company, Limited, and the municipal
corporation of the town of Fort Frances have by their petition
represented that the said company did not exercise the said
powers within the time limited by the said Act for the exercise
thereof, and that it is necessary and expedient in the interests
of the said municipal corporation t^^that the said company
should have the power to expropriate two lots forming part
of the said land^^^J and have, by their petition prayed that
it be enacted as hereinafter provided; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Ontario and Minnesota short title.
Power Company, Limited Act, 1928.

2. The company shall have the right, and it is hereby Power to

, , ,. ., , expropriate

empowered to enter upon, take and expropriate without the certain
consent of the owners thereof, for the purposes of the con-
struction and operation of the company's industries at the
town of Fort Frances, lot "D" and lot "36" I^^as shown on
the original plan of the town plot of Alberton in the said town
of Fort Frances.'

224.

3. — (1) The powers of expropriation hereby conferred upon Procedure,
the company shall be exercised in accordance with the pro-
cedure for expropriation set forth in The Railway Act save and Rev^ stat.,
except that the district judge of the district of Rainy River
shall be the sole arbitrator as to the price to be paid for the

lands to be expropriated hereunder, and the same shall be
fixed by him as the fair market value thereof.

'(2) There shall be the same right of appeal from the
award of the judge as there is from the award of arbitrators
under the provisions of The Railway Act:

Commence-
ment of
Act.

4. In case the company does not within six months after
the passing of this Act proceed to expropriate the said lands
and serve notice of expropriation as hereinbefore provided,
then the right and power of expropriation hereby given shall
at once cease and be determined.

5. This Act shall come into force on the day upon which
it receives the Royal Assent.

» g o

>
3

^5-

Ui o

O "

:?'2

o n

■-t

k»4,

•-I

C/5
5!

-t 3

3 rt>

?4-

"B o

3 3

p— '
SO
■to

ys)

^ U
"t

Co'

3 P

Is.

»».

«««i

<T>

t—l

O
•-t

No. 20. 1928.

BILL

An Act respecting, the Church of the Holy Trinity,

Toronto.

WHEREAS the Rector and Churchwardens of the church Preamble,
of the Holy Trinity have by their petition represented
that on the thirty-first day of March in the year one thousand
eight hundred and eighty-one, the Bishop of the Diocese of
Toronto executed a Declaration of Trust concerning certain
property held by him and his successors in the See for the
benefit of the church of the Holy Trinity in the city of Toronto
declaring that the income thereof should be applied towards
the support of the incumbent of the said church; and that
the said property was acquired out of moneys given for the
purpose of building the said church and that no provision
was made for maintaining the fabric of the said church in
repair; and that valuable lands forming part of the said
property are at present unproductive with consequent loss
of income to the said church; and that during the years
1924, 1925, 1926 and 1927 the municipal taxes in respect of
the said lands were allowed to fall into arrear and the income
from the said endowment was used for the current expenses
of the said church; and that the said Declaration of Trust
was not made in pursuance of any condition or agreement
annexed to the donation of the said moneys; and that by an
Act passed in the second session of the Legislature of Ontario
in the sixty-second year of the reign of Her Late Majesty
Queen Victoria and chaptered 112, the said Declaration of
Trust was varied by providing that one-tenth of the income
of the said endowment should be paid to the churchwardens
of the said church to be applied by them as therein provided
towards the maintenance of the fabric of the said church ;
and that by an Act passed in 1915, chaptered 93, it was
provided that four-fifths of the said income should be applied
for payment of stipends and that one-fifth of the said income
should be paid to the said churchwardens to be applied by
them towards the maintenance of the fabric of the said
church ; and that since the passing of the last-mentioned Act
by order of the Supreme Court of Ontario bearing date the
20th day of December, 1927, The Incorporated Synod of the
Diocese of Toronto has been appointed trustee of the said
endowment in place of the Bishop of the Diocese of Toronto

and the said synod was authorized to mortgage the said
lands for an amount not exceeding $50,000 for the purpose
of raising money to pay off arrears of taxes and for repairing
the said church ; and that the net income from the said lands
has ceased and the income from the balance of the said
endowment is inadequate for the necessities of the said
church; and whereas the rector and churchwardens of the
said church have by their petition prayed that the trusts
aforesaid may be further varied as hereinafter provided; and
whereas the petitioners have represented that the said
Bishop and the said synod have concurred in the said petition
and no opposition has been offered thereto; and whereas it
is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Disposition 1. The income of the endowment of the said church of

of income of . . r n

Endowment the Holy 1 rmity, loronto, alter payment ot all expenses
Church of incurred in the management of the said endowment, shall be
Trinity.^ held by The Incorporated Synod of the Diocese of Toronto
and the trustee for the time being of the said endowment
upon trust to be paid to the churchwardens for the time being
of the said church to be applied by them, first, on the payment
of stipends to the rector and others serving the said church
and after that for such purposes in connection with the said
church and the lands and securities forming part of the
endowment thereof as the vestry of the said church may from
time to time approve.

Power to 2. The said synod and the trustee for the time being of the

borrow upon ... , ,, , r • • i

security of said endowment shall have power irom time to time to borrow
on the security of the lands forming part of the said endow-
ment in addition to the amount authorized by the said order
of the Supreme Court of Ontario amounts not exceeding in
all $50,000 upon such terms and conditions as the church-
wardens for the time being of the said church may deem
advisable.

Provision
for payment
of expenses
and debts.

3. So much of the capital of the said endowment, including
any moneys borrowed under the authority of section 2 of this
Act and including any accumulations of income, as in its
discretion the said synod may deem advisable may be paid
to the churchwardens for the time being of the said church
for payment of such expenses and debts in connection with
the said church and the endowment thereof as the vestry of
the said church may from time to time approve.

Restoration 4. Notwithstanding the provisions of section 1 of this Act,

amcmnts ° the said synod or the trustee for the time being of the said

borrowed

therefrom. ««

endowment may from time to time in its discretion withhold
and add to capital such portions of the income from the said
endowment as in its opinion may not be required for current
expenses in connection with the said church and the endow-
ment thereof, until all moneys at any time borrowed on the
security of the lands forming part of the said endowment or
paid out of capital have been repaid or restored to capital.

5. The payments of income by the trustee of the said Ratification

• of CGrtEiiri

endowment for the purposes set out in the said Act of 1915 payments.
made during the years 1924, 1925, 1926 and 1927, and the
appointment of the said synod as trustee of the said endow-
ment and the discharge of the said Bishop from the trusts
thereof are hereby ratified and confirmed.

<«, 5 C^

en rt- O

go. 2;

CO ve; i-j

; °

K
O

ITS

f-f

C-o

tsj

::«

pj.

?i-

Pi,

O^l

0^5

(yq

3
>

r
r

00 -

o O

No. 20. 1928.

BILL

An Act respecting the Church of the Holy Trinity,

Toronto.

WHEREAS the Rector and Churchwardens of the church Preamble.
of the Holy Trinity have by their petition represented
that on the thirty-first day of March in the year one thousand
eight hundred and eighty-one, the Bishop of the Diocese of
Toronto executed a Declaration of Trust concerning certain
property held by him and his successors in the See for the
benefit of the church of the Holy Trinity in the city of Toronto
declaring that the income thereof should be applied towards
the support of the incumbent of the said church; and that
the said property was acquired out of moneys given for the
purpose of building the said church and that no provision
was made for maintaining the fabric of the said church in
repair; and that valuable lands forming part of the said
property are at present unproductive with consequent loss
of income to the said church; and that during the years
1924, 1925, 1926 and 1927 the municipal taxes in respect of
the said lands were allowed to fall into arrear and the income
from the said endowment was used for the current expenses
of the said church; and that the said Declaration of Trust
was not made in pursuance of any condition or agreement
annexed to the donation of the said moneys; and that by an
Act passed in the second session of the Legislature of Ontario
in the sixty-second year of the reign of Her Late Majesty
Queen Victoria and chaptered 112, the said Declaration of
Trust was varied by providing that one-tenth of the income
of the said endowment should be paid to the churchwardens
of the said church to be applied by them as therein provided
towards the maintenance of the fabric of the said church;
and that by an Act passed in 1915, chaptered 93, it was
provided that four-fifths of the said income should be applied
for payment of stipends and that one-fifth of the said income
should be paid to the said churchwardens to be applied by
them towards the maintenance of the fabric of the said
church; and that since the passing of the last-mentioned Act
by order of the Supreme Court of Ontario bearing date the
20th day of December, 1927, The Incorporated Synod of the
Diocese of Toronto has been appointed trustee of the said
endowment in place of the Bishop of the Diocese of Toronto

and the said synod was authorized to mortgage the said
lands for an amount not exceeding $50,000 for the purpose
of raising money to pay off arrears of taxes and for repairing
the said church ; and that the net income from the said' lands
has ceased and the income from the balance of the said
endowment is inadequate for the necessities of the said
church; and whereas the rector and churchwardens of the
said church have by their petition prayed that the trusts
aforesaid may be further varied as hereinafter provided ; and
whereas the petitioners have represented that the said
Bishop and the said synod have concurred in the said petition
and no opposition has been offered thereto; and whereas it
is expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Disposition 1. The Income of the endowment of the said church of

Endowment the Holy Trinity, Toronto, after payment of all expenses

Church of Incurred in the management of the said endowment, shall be

TiinUy5 ^eld by The Incorporated Synod of the Diocese of Toronto

and the trustee for the time being of the said endowment

upon trust to be paid to the churchwardens for the time being

of the said church to be applied by them, first, on the payment

of stipends to the rector and others serving the said church

and after that for such purposes in connection with the said

church and the lands and securities forming part of the

endowment thereof as the vestry of the said church may from

time to time approve.

Power to 2. The said synod and the trustee for the time being of the

security of said endowment shall have power from time to time to borrow
^" ^' on the security of the lands forming part of the said endow-

ment in addition to the amount authorized by the said order
of the Supreme Court of Ontario amounts not exceeding in
all $50,000 upon such terms and conditions as the church-
wardens for the time being of the said church may deem
advisable.

Provision 3. So much of the capital of the said endowment, including

of'^expenses any moneys borrowed under the authority of section 2 of this
and debts. ^^^ ^^^ including any accumulations of Income, as In its
discretion the said synod may deem advisable may be paid,
to the churchwardens for the time being of the said church
for payment of such expenses and debts In connection with
the said church and the endowment thereof as the vestry of
the said church may from time to time approve.

Restoration 4. Notwithstanding the provisions of section 1 of this Act,
amou^'ts ^ °^ the said synod or the trustee for the time being of the said

borrowed
therefrom. 90

endowment may from time to time In Its discretion withhold
and add to capital such portions of the income from the said
endowment as in its opinion may not be required for current
expenses in connection with the said church and the endow-
ment thereof, until all moneys at any time borrowed on the
security of the lands forming part of the said endowment or
paid out of capital have been repaid or restored to capital.

6. The payments of Income by the trustee of the said Ratification
endowment for the purposes set out in the said Act of 1915 payments
made during the years 1924, 1925, 1926 and 1927, and the
appointm.ent of the said synod as trustee of the said endow-
ment and the discharge of the said Bishop from the trusts
thereof are hereby ratified and confirmed.

t^^6. This Act shall come into force on the day upon commence-
which it receives the Royal Assent."""^"^

?i-

s*. ©

ex-

«i

H
o

D
<:

OS*

Pi.

>
3

>
O

2. <^

? 3-

(T)

r
r

o O-

No. 21.

1928.

BILL

An Act to stop up and close certain unopened road

allowances in the Township of Bertie,

County of Welland.

WHEREAS the registered owners of certain unopened Preamble,
road allowances in the township of Bertie, in the
county of Welland, have by their petition represented that
the south boundary of the township of Bertie, in the, county
of Welland, fronts on the north side of Lake Erie, and the
lots number from east to west; that the original Crown
Survey of that portion of the township began at township
lot No. 24, broken front concession, and extended west to
the west boundary of the township; that the plans of the
original survey have never been found and the first settlers
opened all the north and south roads on the w^est side of the
odd numbered lots, being a continuation of the lots in the
other concessions lying immediately to the north in Bertie
township; that the local surveyors operating in the township
followed the method adopted by the earlier settlers, and
located all road allowances on the west side of the odd
numbered lots, and made and registered all subdivision
plans accordingly, so that to-day all the broken front west
of township lot No. 26 to township lot No. 32 is subdivided
with road allowances located west of the odd numbered
township lots, and all improvements have been made accord-
ingly; that a municipal survey was made by Messrs. Ruther-
ford & Smith and dated at St. Catharines on the 14th day
of May, 1926, which survey was subsequently confirmed by
the Honourable the Minister of Lands and Forests on the 6th
day of April, 1927, and which survey and confirmation placed
the road allowances in the original survey on the west side
of the even numbered lots; and whereas the adjoining property
owners by their own efforts, and at their own expense, opened
up this portion of the township by the construction of Erie
Road through a vast swamp as a local improvement; and
whereas access to Lake Erie can be obtained between township
lots Nos. 26 arjd 27, 31 and 32, only one hundred chains
separating the two roads; and whereas the adjoining property
owners have always paid taxes to the township on that portion

of the lands now declared to be original road allowances,
and have expended in buildings and improvements upwards
of one hundred thousand dollars; and whereas no public
demand exists for the opening of these roads as is evidenced
by the fact that the council of the township has taken no
steps to open them; and whereas no injustice to anyone will
be done by stopping up and closing said roads; and whereas
the said petitioners have prayed that an Act may be passed
for such purposes; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

Short title. 1, This Act may be cited as The Township of Bertie Road
Allowance Act, 1928.

Closing
of road
allowance.

Vesting of
portion of
unopened
road
allowance.

2. The unopened road allowances between township lots
Nos. 28 and 29, 30 and 31 in the township of Bertie, as
established by a municipal survey made by Messrs. Ruther-
ford & Smith, and dated the 14th day of May, 1926, from the
south limit of Erie Road to the south limit of the township
of Bertie, be and the same are hereby stopped and closed.

3. The fee to that portion of the said unopened road
allowances between township lots Nos. 30 and 31 from the
south limit of Erie Road to the south limit of the township,
is hereby vested in Charles Dulify and E. Granger Wilson, and
Elizabeth P. King, as is particularly described in their
respective registered conveyances.

Idem. ^- That portion of the said unopened road allowances

between township lots Nos. 28 and 29 from the south limit
of Erie Road to the south boundary of the township of
Bertie is vested in Carl H. Vogt, Dayton G. Vogt and Jennie
L. Vogt, in the terms of their registered conveyances.

5 2. O

« rt O

o o* H
to v; p

re'

?i-

<ri.

'^.

tyci

0^5

o -^
2.^ o

a p "^

fP ; — ; ^
o p p

£ 3 3
S, 5' o"

o O

^ 3

.^ O

No. 22.

1928.

BILL

An Act respecting Trinity College, Toronto.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follov»s: —

1. This Act may l)e cited as The Trinity College Act, 7P2(?. short title.

2. Section 2 of an Act passed by the Legislature of the i85i, c. 32,
Province cf Canada in the fifteenth year of the reign of Her amended,
late Majesty Queen Victoria, chaptered 32 and intituled

An Act to Incorporate Trinity College, is hereby amended
by striking out the words "Provided that the total yearly
revenue from the property so acquired shall not at any time
exceed the sum of Five Thousar.d Pounds currency," in the
seventeenth and eighteenth lines, and by striking out all the
words of the said section after tb.e words "body corporate"
in the twenty-first line and l)^• ;;dding thereto the following:

"And subject to the limitations iinposed by any specific
trust as to the same, the corporation may invest all
such money as shall come to its hands, and is not
required to be expended for any purpose to which
it lawfully iray be applied, in such manner as to
the corporation may seem meet; and the said
corporation shall also ha\e power to borrow such
sums upon mortgage of any of its property as it
may from time to tim.e deem necessary."

^.^

3 n.

:«

o
O

§■

(As

•-I

a>
en

O CI.
O crq

n
o
•-t

No. 23.

1928.

BILL

An Act respecting Sacred Heart College of Sudbury.

WHEREAS "Sacred Heart College of Sudbury" was Preamble,
incorporated by an Act of the Legislative Assembly
of the Province of Ontario, passed in the fourth year of the
reign of His Majesty King George the Fifth, chaptered 131,
and whereas "Sacred Heart College of Sudbury" has by its
petition prayed that the said Act may be amended as herein
set forth; and whereas it is expedient to grant the prayer of
the said petition ;

Therefore, His Majesty, by and with the advice and :

consent of the Legislative Assembly of the Province of ;

Ontario, enacts as follows: —

1. Section 12 of the said Act of incorporation passed in i9i4. c. i3i,
the fourth year of the reign of His Majesty King George the amended.
Fifth, chapter 131. is amended by striking out the words increase of
"fifty thousand dollars" in the fourth line of the said section ^oidTands
of the said Act and inserting in lieu thereof the words prop|*®ty°'^^'
"five hundred thousand dollars."

H
O

5" 3. ?s
« {? O

go- 2:

to •< "^

•* O

•ft

•5»

w
o

Oj Ki ■>-*

(^ rt rD

P P P

CL CL Q.

B' 5' 5'

Oq CTC! Orq

O VO vO

to K) K)

00 00 00

3
>

O O)

org o
n -

!::• CO

o ,5 H--I

■O'er)
a

O o'
n 3

Ofq *—

■JSO^
■ P

No. 24.

1928.

BILL

An Act respecting the Congregation of the Presby-
terian Church of Canada in Rutherford.

WHEREAS the congregation of the Presbyterian Church preamble,
of Canada (Continuing Presbyterians) in Rutherford
have by their petition represented that through inadvertence
or wilful default on the part of the session, a vote was not
taken in the congregation of the Presbyterian Church of
Canada in Rutherford pursuant to The United Church of
Canada Act being chapter 12.5 of the Statutes of 1925, although
the same was duly requested as provided by the said Act;
and whereas the said petitioners have prayed that an Act
be passed providing for a vote being taken in the manner
hereinaftei set forth; and whereas it is expedient to grant the
prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Rutherford Presbyterian Short title.
Church Act, J 928.

2. — (1) Notwithstanding anything contained in The United^ote, on
Church of Canada Act and amendments thereto a vote shall entering
be taken by the congregation of the Presbyterian Church of
Canada in Rutherford as constituted on the 19th day of ^^^^' *^- •^^'^*
July, 1924, on the question of entering the Union of the
Presbyterian, Methodist and Congregational Churches in
Canada, upon a list of persons entitled to -vote to be settled
by a Judge of the Supreme Court of Ontario or of a county
court in accordance with the provisions of clause c of section
8 of the said Act, such Judge to be appointed by the Attorney-
General of Ontario.

(2) Such Judge shall be paid such an honorarium as may Honorarium
be fixed by the Attorney-General of Ontario, one-half of
which shall be payable by the United Church of Canada and
one-half by the non-concurring congregations of the Presby-
terian Church in Canada.

Tlm» for
taking vote.

(3) Such vote shall be taken on or before the 1st day of
July, 1928, and shall have the same force and effect as if it
had been taken before the 10th day of June, l92vS.

ment™*"*'*" ^' This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

•t

o H

S^o

i^Z

«-{? o

go. 2;

I'o

»*

^- >

t-t-

(^ 2

<Ti

^ fs

^. rti 2.

Cfp

OfQ

3 2.^-

C5 3

?d3 Q^

S QS-

l-H

-r 3^ fD

t3a

Cor
urch
erfo

<!««.

Igregatio
of Cana
rd.

1— k

1—*

1— »

^ 0

1>J

"-t

CfP

1— k

*-i

(-^

NO
K3

Cfi*

No. 25. 1928.

BILL

An Act respecting the City of London.

WHEREAS the corporation of the city of London has by Preamble,
its petition prayed for special legislation in respect of
the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of London Act, ip^^. short title.

2. The Housing Commission of the city of London iSof^Housing
hereby authorized, with the consent of the council of theF°"^'?issio'^

• r 1 • TT 1 r • . ■, ^° reduce

corporation or the city of London, from time to t;ime, to reduce ''eiiing price
the prices of houses and lands sold by the said Commission
under agreements of sale by such amounts and upon such
conditions as may be approved of by the said council, even
though the prices for such houses and lands, when so reduced
by the said Commission, may be less than the actual cost
thereof, and all agreements of sale in which, or by which, the
prices of houses and lands already sold by the said Com-
mission under agreements of sale, have been reduced by the
said Commission, are hereby ratified and confirmed, and the
said Commission is hereby authorized, with the consent of
the said council, to sell to any person or persons or any
company or corporation, any or all of the lands owned by the
said Commission which are not built upon, at such prices
which may in any case be less than the actual cost thereof,
and upon such conditions and terms of payment as may be
approved of by the said council.

3. The Housing Commission of the city of London is Power
hereby authorized to sell to the corporation of the city of Commfssion
London, lots numbers five to sixteen, both inclusive, on the tairf lanT'
south side of the crossway in the said city of London, as*°^'^^
shown upon a plan thereof registered in the Registry Office

for the registry division of the east and north ridings of the
county of Middlesex as Number 524, and the corporationfof

the city of London is hereby authorized to purchase and pay
for the said lots.

Borrowing 4. Notwithstanding the provisions of any Act or law, the

pay' for ° Corporation of the city of London may pass a by-law to
Syste^m^" borrow, and may borrow, a sum not exceeding $24,900, and
Department, "^^y issue debentures therefor for any period not exceeding
ten years from the date of the issue thereof, and at such rate
of interest not exceeding five per cent, per annum as the
council of the said corporation may determine, to provide
moneys to pay for the Gamewell System purchased by the
said corporation for the police department, without sub-
mitting the by-law to the electors of the said city of London
for their assent.

$i25!oo(ffor 5, Notwithstanding the provisions of any Act or law, the
o ver Thames ^°^P°^^t^°" °^ ^^^ ^^^V ^^ London may pass a by-law to
River. borrow, and may borrow, a sum not exceeding $125,000, and

may issue debentures therefor for any period not exceeding
thirty years from the date of the issue thereof, and at such
rate of interest not exceeding five per cent, per annum as the
council of the said corporation may determine, to provide
moneys to pay for the erection of a new bridge over the
River Thames at the foot of Dundas Street in the said city
of London, without submitting the by-law to the electors
of the said city of London for their assent.

Annual con-
tribution
to Police
Benefit
Fund.

6. The council of the corporation of the city of London
may make a contribution each year to the police benefit fund
of the police department of the city of London, out of the
general revenues of the corporation, of an amount equal to
six per cent, of the total salaries paid, during the next preced-
ing year, to the members and officers of the police force.

Conflrmation "7. All payments made by the corporation of the city of
for^c^ebra-^ London, out of the general revenues of the corporation, for
anniversary^ the year 1926, not exceeding the sum of $20,000, in making
of founding preparations for the celebration of and in celebrating the
hundredth anniversary of the founding of the city of London,
are hereby declared to be legal, valid and binding.

Confirma-
tion of pay-
ments for
reception
of guests,
travelling
expenses,
•tc.

8. All payments made by the corporation of the city of
London, out of the general revenues of the corporation, for,
the years 1926 and 1927, not exceeding the sum of $15,000
in each of the said years, for, or towards, the reception or
entertainment of persons of distinction, the celebration of
events or matters of national interest or importance, for, or
towards, travelling and other expenses incurred in respect to
the matters pertaining to or affecting the interests of the
corporation of the city of London, payments made by way of

grants to the Chamber of Commerce of the city of London, for
Labour Day celebrations in the said city of London, to aid
local institutions, societies and associations, and those, which,
in the opinion of the council of the said corporation, adver-
tised, advanced or promoted the interests of the said city of
London, are hereby declared to be legal, valid and binding;
and the council of the corporation of the city of London, in
the event of a judgment being finally recovered by the plaintiff
in the action now pending in the Supreme Court of Ontario
of Tite versus McCormick, et al, may pay all or any sums for
principal, interest and costs incurred by the defendants in
such action.

9. The council of the corporation of the city of London power
may pay for, or towards, the reception or entertainment of^on^eTon
persons of distinction, the celebration of events or matters of J^^^|p*^^^
national interest or importance and for, or towards, travelling travelling

... . . expenses,

and other expenses mcurred m respect to matters pertammgeto.
to or affecting the interest of the corporation, or for any of
such purposes, a sum not exceeding, in any year, $10,000.

10. It shall not be necessary for the said corporation to Assent of
observe, in respect of either of the by-laws mentioned in required.
sections 4 and 5 of this Act, the formalities prescribed by Thenev. stat,.
Municipal Act, in relation to the passing of money by-laws. ^- ^^^•

11. No irregularity in the form of any of the debentures i'"i'eguiaritv
issued under the authority of this Act, or in any by-law pot to
authorizing the issue thereof, shall render the same invalid

or be allowed as a defence to any action brought against the
corporation of the city of London for ^he recovery of the
amount thereof, or any part thereof, or the interest thereon.

12. This Act shall come into force on the day upon which ^ent"oT^^
it receives the Royal Assent. Act.

H
O

3*
n

OP 3 ^
a JJ O

Si "<

o
o

Q-

rt-

3
>

P«

a>-

crq

n
o

rt-

l-H

h-Jk

»— *

vo-

00^-

O o.'

fD 3

O -
•t

orq *-*

re ->-»

OO cn^

■ 03

No. 25.

1928.

BILL

of houses.

An Act respecting the City of London.

WHEREAS the corporation of the city of London has by Preamble,
its petition prayed for special legislation in respect of
the matters hereinafter set forth; and whereas it is expedient
to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of London Act, iP^?,?. short title.

2. The Housing Commission of the city of London iSo^Housing
hereby authorized, with the consent of the council of the p<'"^1^ission

• r 1 • r T 1 r • • , *° reduce

corporation oi the city of London, from time to time, to reduce «eiung price
the prices of houses and lands sold by the said Commission
under agreements of sale by such amounts and upon such
conditions as may be approved of by the said council, even
though the prices for such houses and lands, when so reduced
by the said Commission, may be less than the actual cost
thereof, and all agreements of sale in which, or by which, the
prices of houses and lands already sold by the said Com-
mission under agreements of sale, have been reduced by the
said Commission, are hereby ratified and confirmed, and the
said Commission is hereby authorized, with the consent of
the said council, to sell to any person or persons or any
company or corporation, any or all of the lands owned by the
said Commission which are not built upon, at such prices
which may in any case be less than the actual cost thereof,
and upon such conditions and terms of payment as may be
approved of by the said council.

3. The Housing Commission of the city of London is Power
hereby authorized to sell to the corporation of the city ofcommfssion
London, lots numbers five to sixteen, both inclusive, on the tailfiamf"
south side of the crossway in the said city of London, as*"'''*^"
shown upon a plan thereof registered in the Registry Office

for the registry division of the east and north ridings of the
county of Middlesex as Number 524, and the corporation of

the city of London is hereby authorized to purchase and pay
for the said lots.

Borrowing 4. The Corporation of the city of London may pass a by-law

pay' for ° to borrow, and may borrow, a sum not exceeding $24,900,
syste^m^^^ ard may issue debentures therefor for any period not exceeding
Department ^^^ years from the date of the issue thereof, and at such rate
of interest not exceeding five per cent, per annum as the
council of the said corporation may determine, to provide
moneys to pay for the Gamewell System purchased by the
said corporation for the police department, without sub-
mitting the by-law to the electors of the said city of London
for their assent.

Borrowinc^
$125,000 for

River.

5. The corporation of the city of London may pass a by-law
over T'hames to borrow, and may borrow, a sum not exceeding $125,000,
and may issue debentures therefor for any period not exceeding
thirty years from the date of the issue thereof, and at such
rate of interest not exceeding five per cent, per annum as the
council of the said corporation may determine, to provide
moneys to pay for the erection of a new bridge over the
River Thames at the foot of Dundas Street in the said city
of London, without submitting the by-law to the electors
of the said city of London for their assent.

Annual con-
tribution
to Police
Benefit
Fund.

Confirmation 7. All payments made by the corporation of the city of

of payments ,, r i i r.i ^'r

for ceiebra- London, out of the general revenues oi tne corporation, tor

a'nniverpary the year 1926, not exceeding the sum of $20,000, in making

ofc?tV^^^"^ preparations for the celebration of and in celebrating the

hundredth anniversary of the founding of the city of London,

are hereby declared to be legal, valid and binding.

Confirma-
tion of pay-
ments for
reception
of guests,
travelling
expenses,
etc.

8. All payments made by the corporation of the city of
London, out of the general revenues of the corporation, for
the years 1926 and 1927, not exceeding the sum of $15,000
in each of the said years, for, or towards, the reception or
entertainment of persons of distinction, the celebration of
events or matters of national interest or importance, for, or
towards, travelling and other expenses incurred in respect to
the matters pertaining to or affecting the interests of the
corporation of the city of London, payments made by way of
grants to the Chamber of Commerce of the city of London, for
Labour Day celebrations in the said city of London, to aid

local institutions, societies and associations, and those, which,
in the opinion of the council of the said corporation, adver-
tised, advanced or promoted the interests of the said city of
London, are hereby declared to be legal, valid and binding;
and the council of the corporation of the city of London, in
the event of a judgment being finally recovered by the plaintiff
in the action now pending in the Supreme Court of Ontario
of Tite versus McCormick, et al, may pay all or any sums for
principal, interest and costs incurred by the defendants in
such action.

The corporation of the city of London may with f°^^^ ^°
the assent of the municipal electors obtained at the annual portions of
municipal election lease, from time to time, such portion or square,
portions of the market square in the said city of London as
the council of the said corporation may, from time to time,
see fit, for the erection of a building or buildings above such
portion or portions of the said market square, at such rentals,
for such terms, and subject to such reservations, covenants
and conditions as to the council of the said corporation may
seem meet.""^!

10. It shall not be necessary for the said corporation to Assent of

, . r-iriii -I' electors not

observe, m respect oi either oi the by-laws mentioned in required,
sections 4 and 5 of this Act, the formalities prescribed by The Rev. stat.,
Municipal Act, in relation to the passing of money by-laws. ^' ^^^"

11. No irregularity in the form of any of the debentures ^''^fsuiarity

, . . in form

issued under the authority of this Act, or in any by-law not to
authorizing the issue thereof, shall render the same invalid
or be allowed as a defence to any action brought against the
corporation of the city of London for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

12. This Act shall come into force on the day upon which mentTf"*'^'
it receives the Royal Assent. -A-ot-

>
>

S OS

St- ^

0^5

OK,

t3
ft
o

crq

a
o

No. 26.

1928.

BILL

An Act respecting Waterworks in the City of Windsor.

WHEREAS the Board of Water Commissioners of the Preamble.
City of Windsor has by its petition represented that it
is necessary for it to retain at the end of each year out of the
monies in its hands a sufficient amount to pay the liabihties
of the Board between the first day of the year and the time
when the first instalment of water rates is payable under
section 21 of the Act passed in 1898 and chaptered 58, being
one of the Acts incorporating and regulating the said Board ;
and whereas the said Board has by its petition prayed that an
Act may be passed to amend the said section of said Act so
that the said Commissioners will have the authority required
for the said purpose; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 21 of the Act passed in 1898 and chaptered 58, i898.^c. 68.
is hereby repealed and the following substituted therefor: — pealed.

21. Besides providing for the payment attendant upon Application
the maintenance and repair of the waterworks, the from^water-
Commissioners shall also provide a sum equivalent '^°'^'^^"
to the sum necessary to meet the principal and
interest on the debentures already issued on account
of said waterworks by the Corporation of the City of
Windsor and hereafter issued by the said Corporation
as the same shall fall due from time to time during
each year and shall pay over to the Treasurer of the
said Corporation the said sum in such portions cor-
responding to the payments of rates whether the
same shall be yearly or the fractional part of a year
within one month after the time fixed for the payment
of water rates or sooner if practicable, and any funds
remaining in the hands of the Commissioners at the
expiration of any year after payment of all main-
tenance and repairs and other liabilities for the said

past year have been provided for and after deducting
thereout a sufficient amount to provide for main-
tenance and repairs and current expenditures of the
Board up to the time for payment of the next instal-
. . ments of water rates, shall be paid over to the
Treasurer of the City and form part of the fund for
the redemption and payment of outstanding water-
works debentures, and should no such debenture
exist, then such fund shall form part of the general
fund of the City and be applied accordingly.

ment"of'Ac*t '^' This Act shall come into force on the day upon which
it receives the Royal Assent.

» H

^^o

3' 2. j«

onj a 'v

»'5? O

2^2

I^H

2 o

■

-t

Cs»

H- '

;«

£t

rt)

Cfp

crq

orq

J^.

3
CfQ

««.

*~^

O
■-I

«>«•

>— »

1—*

I-*

3:*

■o

rt)

tsJ

rt-

Q-

^■^

(T)

c«

Cfl

•-1

cr?

1—*

■<t

NO
lO

r
rt)

cnj

No. 26.

1928.

BILL

An Act respecting Waterworks in the City of Windsor.

WHEREAS the Board of Water Gommissioners of the Preamble.
City of Windsor has by its petition represented that it
is necessary for it to retain at the end of each year out of the
monies in its hands a sufficient amount to pay the liabilities
of the Board between the first day of the year and the time
when the first instalment of water rates is payable under
section 21 of the Act passed in 1898 and chaptered 58, being
one of the Acts incorporating and regulating the said Board;
and whereas the said Board has by its petition prayed that an
Act may be passed to amend the said section of said Act so
that the said Commissioners will have the authority required
for the said purpose; and whereas it is expedient to grant
the prayer of the said petition;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 21 of the Act passed in 1898 and chaptered 58, 1898. c. 58,
is hereby repealed and the following substituted therefor: — pealed.

21. Besides providing for the payment attendant upon Application
the maintenance and repair of the waterw^orks, the from^water-
Commissioners shall also provide a sum equivalent ^°'^^^'
to the sum necessary to meet the principal and
interest on the debentures already issued on account
of said waterworks by the Corporation of the City of
Windsor and hereafter issued by the said Corporation
as the same shall fall due from time to time during
each year and shall pay over to the Treasurer of the
said Corporation the said sum in such portions cor-
responding to the payments of rates whether the
same shall be yearly or the fractional part of a year
within one month after the time fixed for the payment
of water rates or sooner if practicable, and any funds
remaining in the hands of the Commissioners at the
expiration of any year after payment of all main-
tenance and repairs and other liabilities for the said

past year have been provided for and after deducting
thereout a sufficient amount to provide for main-
tenance and repairs and current expenditures of the
Board up to the time for payment of the next instal-
ments of water rates, shall be paid over to the
Treasurer of the City and form part of the fund for
the redemption and payment of outstanding water-
works debentures, and should no such debenture
exist, then such fund shall be applied in reduction of
the cost of water to the user.

maaioi^Aot. ^' ^^^^ ^^^ ^^^^^ come into force on the day upon which
it receives the Royal Assent.

1?^

Cj 'v

"",

CO*

<->■

5S S

«M.

•Z

«>

•^

0^3

cr
•-t

VO
to
oo

Pi.

OK)

>
O

3 P
n. n-

• O

r
r

•-t
Orq

i I

No. 27.

1928.

BILL

An Act respecting the City of Toronto.

WHEREAS the Corporation of the City of Toronto has^'"®*™*'!®-
by petition prayed for special legislation in respect to
the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The following expenditures heretofore made or here- certain
after to be made by the Council of the Corporation of the City confirmed,
of Toronto are hereby authorized, validated and confirmed, —

(a) A grant of $500 to the St. Elizabeth Visiting Nurses'

Association;

(b) A grant of $45,000 to the Federation for Community

Service Fund for the year 1928;

Philanthropies of Toronto.

2. By-law No. 11073, passed by the Council of the Cor- By-law
poration of the City of Toronto on the 24th day of January, borrowing
1927, and entitled "A By-law to authorize the issue of 'Cityltitem^ ^°'"
of Toronto General Consolidated Loan Debentures' to the Ij^^hfbitfon'
amount of $415,000.00 to provide the sum of $400,000.00 f or ^J'^^^^^l^j^
the erection of a new Eastern Entrance to Exhibition
Grounds," and the debentures issued or to be issued under

the authority of the said by-law, are hereby ratified and con-
firmed and declared to be legal, valid and binding upon the
said Corporation and the ratepayers thereof.

3. By-law No. 11440, passed by the Council of the Cor- gy-iaw^^^
poration of the City of Toronto on the 5th day of December, re cioping 6f
1927, and entitled "A By-law to close a portion of Jordan Jordan
Street and to authorize the co'nveyance thereof to the Cana- oonlfrmed.
dian Bank of Commerce in exchange for the dedication pf

other land to form part of Jordan Street," as set forth in
Schedule "A" to this Act, is hereby validated and confirmed,
and it is hereby declared that the said Council had power to
pass the said by-law and that the said Corporation has power
to exchange the portion of the highway closed thereunder for
other lands to form part of the said highway.

?.?25^"8^"' "*• Section 7 of the Act passed in the Ninth year of the
repealed. ' reign of His late Majesty King Edward the Seventh, chapter

125, is repealed and the following section enacted in lieu

thereof, namely: —

Issue and
plan of
payment of
debentures.

"7. — (1) For the purpose of the two preceding sections
or any of them (but not in the event of the issue of
'Street Railway Debentures') the said Council may
issue debentures according to any plan authorized
to be used in the issuing of municipal debentures,
payable in this Province or elsewhere in sums of not
less than $100 each, at any time within forty years
from their date with interest payable half-yearly
during the currency thereof at such rate per annum
as the Council of the said Corporation may from
time to time determine.

Section
retroactive.

'(2) This section shall be read and construed as if it had
come into force on the 13th day of April, 1909."

Certain
persons not
disqualified
as members
of Toronto
Electric
Commis-
sioners.
Rev. Stat.,
o. 57.

5. — (1) Notwithstanding the provisions of subsection 5 of
section 98 of The Power Commission Act, those persons who
were on the 31st day of December, 1927, members of the
Toronto Electric Commissioners appointed either by "The
Hydro- Electric Power Commission of Ontario" or by the
Corporation of the City of Toronto, shall not, by reason of
being members of "The Toronto Transportation Commis-
sion," be disqualified from acting as members of the Toronto
Electric Commissioners or be ineligible for reappointment as
such at the expiration of their term of office.

Section (2) This section shall be read and construed as if it had

retroactive, come into force on the 1st day of January, 1928.

expropriate ®- — (^) Notwithstanding the provisions of any general or

for* widen^n ^ ®P^^*^^ ^^*' ^^^ Corporation of the City of Toronto may

of Bioor expropriate and take for the widening of Bloor Street, between

Sherbourne Street and Spadina Road, the following lands

vested in the Governors of the University of Toronto, namely:

'All and singular that certain parcel or tract of land and
premises situate, lying and being in the City of
Toronto, in the County of York, and Province of

Ontario, being composed of parts of lots Nos. 56 to
63 inclusive, according to a plan filed in the Registry
Office for the City of Toronto, as No. D-178, which
said parcel may be more particularly known and
described as follows : —

"Commencing at the north-easterly angle of lot No. 63;

"Thence westerly, along the northerly limit of lots Nos.
63, 62, 61, 60, 59, 58, 57 and 56, a distance of 480
feet more or less to a point in the northerly limit of
lot No. 56, distant 60 feet, measured westerly
thereon from the easterly limit of lot No. 56;

"Thence southerly, parallel to the easterly limit of lot
No. 56, a distance of 12 feet 43<£ inches more or less
to the southerly limit of Bloor Street as widened by
City of Toronto By-law No. 9416;

"Thence easterly, along the said southerly limit of Bloor
Street 480 feet more or less to the easterly limit of
lot No. 63;

"Thence northerly, along the last mentioned limit eight
feet more or less to the point of commencement."

(2) This section shall be read and construed ^s if it had ^®^<'j.^^°^^j^^
come into force on the 25th day of May, 1922.

7. — (1) All sales of land within the City of Toronto made Conflrma-

1 14 1 rT-v 1 4^^,., tion of tax

prior to the 31st day of December, 1926, which purport to sales and
have been made by the Corporation of the said City or by its
Treasurer for arrears of taxes in respect to the lands so sold,
are hereby validated and confirmed, and all conveyances of
land so sold executed by the Mayor, Treasurer and Clerk of
the City of Toronto purporting to convey the said lands so
sold to the purchaser thereof or his assigns, or to the said
Corporation, shall have the effect of vesting the lands so sold
in the purchaser or his assigns, or his or their heirs or assigns,
or in the said Corporation and its successors and assigns, as
the case may be, in fee simple and clear of and free from all
right, title and interest whatsoever of the owners thereof at
the time of said sale, or their assigns, and all charges and
encumbrances thereon and dower therein, except taxes
accruing after those for non-payment of which the said lands
were sold.

(2) Nothing in this section contained shall affect or pre- f t^jj^j.^^^ ^^^^
judice the rights of any person under pending litigation. affected.

8. This Act shall come into force on the day upon which £ent"<ff^Aot.
it receives the Royal Assent.

SCHEDULE "A"

No. 11440. A By-law.

To close a portion of Jordan Street and to authorize the conveyance thereof
to the Canadian Bank of Commerce in exchange for the dedication of
other land to form part of Jordan Street.

I Passed December 5th, 1927.)

Whereas by Report No. 14 of the Committee on Works, adopted by the
Council on the 10th day of October, 1927, it was recommended that in order
to eliminate the existing jog in Jordan Street the portion of said street
hereinafter in Section I described be closed and conveyed to the Canadian
Bank of Commerce in exchange for the lands hereinafter in Section III
described, all upon the terms and conditions set forth in the said report.

Therefore the Council of the Corporation of the City of Toronto enacts
as follows: —

That portion of Jordan Street described by Tracy D. leMay, Esquire,
City Surveyor, as follows, namely: —

All and singular that certain parcel or tract of land and premises
situate, lying and being in the City of Toronto, in the County of York
and Province of Ontario, being composed of part of the street known as
Jordan Street as deeded to the Corporation of the City of Toronto by
one Jordan Post in 1831, which said parcel may be more particularly
known and described as follows: — Premising that the easterly limit
of Jordan Street intersects the northerly limit of Melinda Street at a
point distant 47 feet 63^ inches measured westerly thereon from the
westerly face of the granite base of the building known in 1927 as Nos.
8 and 10 Melinda Street and that the said limit of Jordan Street is
defined at the southerly limit of King Street, by the westerly face of
the granite base of the building known in 1927,as the "Standard Bank"
then Commencing at a point in the northerly limit of Melinda Street
distant 38 feet 5 inches measured westerly thereon from the easterly
limit of Jordan Street; Thence northerly, on a line that would pass
through a point in the southerly limit of King Street distant 39 feet 1
inch measured westerly thereon from the easterly limit of Jordan
Street 75 feet 8 inches to the existing northerly limit of that part of
Jordan Street originally laid out as 40 feet in width ; Thence, westerly,
along the said existing northerly limit 1 foot 7 inches to the existing
westerly limit of Jordan Street; Thence southerly, along the said
westerly limit 75 feet 8 inches to the northerly limit of Melinda Street;
Thence easterly, along the last mentioned limit 1 foot 7 inches to the
point of commencement.

is hereby stopped up and closed as a public highway and the conveyance
thereof to the Canadian Bank of Commerce in accordance with the pro-
visions of the said Report No. 14 of the Committee on Works is hereby
authorized.

II.

The Mayor and Treasurer are hereby authorized to execute the said
conveyance and the Treasurer is authorized to affix the seal of the Corpora-
tion thereto.

III.

The land described by Tracy D. leMay, Esquire, City Surveyor, as
follows, namely: —

All and singular that certain parcel or tract of land and premises
situate, lying and being in the City of Toronto, in the County of York
and Province of Ontario, being composed of part of Town Lot No. 3, on
the south side of King Street, as shown oij a plan of the Town of York,
which said parcel may be more particularly known and described as
follows: — Premising that the easterly limit of Jordan Street intersects
the northerly limit of Melinda Street at a point distant 47 feet 6^
inches measured westerly thereon from the westerly face of the granite
base of the building known in 1927 as Nos. 8 and 10 Melinda Street and
that the said limit of Jordan Street is defined at the southerly limit
of King Street by the westerly face of the granite base of the building
known in 1927 as the "Standard Bank" then Commencing at a point
in the southerly limit of King Street distant 39 feet 1 inch measured
westerly thereon from the easterly limit of Jordan Street; Thence
southerly, on a line which would pass through a point in the northerly
limit of Melinda Street distant 38 feet 5 inches measured westerly
thereon from the easterly limit of Jordan Street 93 feet 33^ inches to
the existing northterly limit of that part of Jordan Street, originally
laid out as 40 feet in width; Thence easterly, along the said existing
northerly limit 2 feet 5 inches to the existing westerly limit of that part
of Jordan Street, originally laid out as 36 feet in width; Thence
northerly, along the last mentioned limit 93 feet 3^ inches to the
southerly limit of King Street; Thence westerly, along the said south-
erly limit of King Street 2 feet 5 inches to the point of commencement.

shall upon being conveyed to the Corporation and upon possession of same
being given to the Corporation, form part of Jordan Street.

Thomas Foster,

Mayor.

Council Chamber,

Toronto, December 5th, 1927.
(L.S.)

A. LiTTLEJOHN,

City Clerk.

>
o

I
0^

0N5

T3
ro
o

CfQ
(-»■

n
(-(■'

H
o

r
r

O
•1

^ o

:-:n

No. 27. 1928.

BILL

An Act respecting the City of Toronto.

WHEREAS the Corporation of the City of Toronto has Preamble,
by petition prayed for special legislation in respect to
the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The following expenditures heretofore made or here- certain
after to be made by the Council of the Corporation of the City Confirmed,
of Toronto are hereby authorized, validated and confirmed, —

(a) A grant of $500 to the St. Elizabeth Visiting Nurses'

Association ;

(b) A grant of $45,000 to the Federation for Community

Service Fund for the year 1928;

Philanthropies of Toronto.

2. By-law No. 11073, passed by the Council of the Cor- By-law
poration of the City of Toronto on the 24th day of January, borrowing
1927, and entitled "A By-law to authorize the issue of 'City |Vstern° ^°''
of Toronto General Consolidated Loan Debentures' to the |fJy!^f^j"^fQ*^°
amount of $415,000.00 to provide the sum of $400,000.00 forOrounds

.' KL T^,., .. confirmed,

the erection of a new Eastern Entrance to Exhibition

Grounds," and the debentures issued or to be issued under
the authority of the said by-law, are hereby ratified and con-
firmed and declared to be legal, valid and binding upon the
said Corporation and the ratepayers thereof.

3. By-law No. 11440, passed by the Council of the Cor- By-law
poration of the City of Toronto on the 5th day of December, re closing of
1927, and entitled "A By-law to close a portion of Jordan Jordan
Street and to authorize the conveyance thereof to the Cana- fonlfrmed.
dian Bank of Commerce in exchange for the dedication of

?. ^25^8^7?' ^' Section 7 of the Act passed in the Ninth year of the
repealed. ' reign of His late Majesty King Edward the Seventh, chapter

125, is repealed and the following section enacted in lieu

thereof, namely: —

Issue and
plan of
payment of
debentures.

Section
retroactive.

"(2) This section shall be read and construed as if it had
come into force on the 13th day of April, 1909."

Certain
persons not
disqualified
as members
of Toronto
Electric
Commis-
sioners.
Rev. Stat.,
c. 57.

-(1) Subsection 5 of section 98 of The Power Com-
mission Act shall not apply to any member of the Board
known as "Toronto Electric Commissioners" holding office on
the 31st day of December, 1927, as the appointee of the
corporation of the city of Toronto nor render him ineligible for
reappointment.*^^

Section (2) This section shall be read and construed as if it had

retroactive.

come into force on the 1st day of January, 1928.

l^*(3) No act performed by the Toronto Electric Com-
missioners in the period between the 1st day of January, 1928
and the date when this Act comes into force shall be invalid
by reason only of the provisions of subsection 5 of section 98
of The Power Commission Act.

expropriate ^- — ^^^ Notwithstanding the provisions of any general or
certain lands special Act, the Corporation of the City of Toronto may

for widening . . .

of Bioor expropriate and take for the widening of Bloor Street, between

Sherbourne Street and Spadina Road, the following lands

vested in the Governors of the University of Toronto, namely:

"All and singular that certain parcel or tract of land and
premises situate, lying and being in the City of
Toronto, in the County of York, and Province of

"Commencing at the north-easterly angle of lot No. 63;

"Thence southerly, parallel to the easterly limit of lot
No. 56, a distance of 12 feet 43^ inches;

"Thence easterly, in a straight line 480 feet more or less
to a point in the easterly limit of lot 63, distant 8
feet measured southerly thereon from the north
limit of said lot;

"Thence northerly, along the east limit of lot 63, 8 feet
to the point of commencement."

(2) The owners, mortgagees, lessees, tenants, occupants and
persons entitled to a limited interest or estate in the said lands
or any part thereof shall upon the passing of a by-law expro-
priating the said lands, have the same rights with reference to
compensation and damages as if the said corporation at the
date of the said by-law had been authorized to expropriate
and take, and had expropriated and taken, the said lands
under the provisions of The Municipal Act, and the cost of
acquiring the 'said lands shall be added to and form part of
the cost of the widening of Bloor Street between Sherbourne
Street and Spadina Road undertaken as a local improvement
work under By-law number 10854 passed by the council of
the said corporation."

T. — (1) All sales of land within the City of Toronto madeConflrma-
prior to the 31st day of December, 1926, which purport to sales and
have been made by the Corporation of the said City or by its
Treasurer for arrears of taxes in respect to the lands so sold,
are hereby validated and confirmed, and all conveyances of
land so sold executed by the Mayor, Treasurer and Clerk of
the City of Toronto purporting to convey the said lands so
sold to the purchaser thereof or his assigns, or to the said
Corporation, shall have the effect of vesting the lands so sold
in the purchaser or his assigns, or his or their heirs or assigns,
or in the said Corporation and its successors and assigns, as
the case may be, in fee simple and clear of and free from all
right, title and interest whatsoever of the owners thereof at

the time of said sale, or their assigns, and all charges and
encumbrances thereon and dower therein, except taxes
accruing after those for non-payment of which the said lands
were sold.

uuglt"onnot (2) Nothing in this section contained shall affect or pre-
affeoted. judice the rights of any person under pending litigation.

Sent^oTAct. 8. This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE "A"

No. 11440. A By-law.

To close a portion of Jordan Street and to authorize the conveyance thereof
to the Canadian Bank of Commerce in exchange for the dedication of
other land to form part of Jordan Street.

I Passed December Sth, 1927.|

Therefore the Council of the Corporation of the City of Toronto enacts
as follows: —

That portion of Jordan Street described by Tracy D. leMay, Esquire,
City Surveyor, as follows, namely: —

All and singular that certain parcel or tract of land and premises
situate, lying and being in the City of Toronto, in the County of York
and Province of Ontario, being composed of part of the street known as
Jordan Street as deeded to the Corporation of the City of Toronto by
one Jordan Post in 1831, which said parcel may be more particularly
known and described as follows: — Premising that the easterly limit
of Jordan Street intersects the northerly limit of Melinda Street at a
point distant 47 feet 6^ inches measured westerly thereon from the
westerly face of the granite base of the building known in 1927 as Nos.
8 and 10 Melinda Street and that the said limit of Jordan Street is
defined at the southerly limit of King Street, by the westerly face of
the granite base of the building known in 1927,as the "Standard Bank"
then Commencing at a point in the northerly limit of Melinda Street
distant 38 feet 5 inches measured westerly thereon from the easterly
limit of Jordan Street; Thence northerly, on a line that would pass
through a point in the southerly limit of King Street distant 39 feet 1
inch measured westerly thereon from the easterly limit of Jordan
Street 75 feet 8 inches to the existing northerly limit of that part of
Jordan Street originally laid out as 40 feet in width ; Thence, westerly,
along the said existing northerly limit 1 foot 7 inches to the existing
westerly limit of Jordan Street; Thence southerly, along the said
westerly limit 75 feet 8 inches to the northerly limit of Melinda Street;
Thence easterly, along the last mentioned limit 1 foot 7 inches to the
point of commencement.

II.

The Mayor and Treasurer are hereby authorized to execute the said
conveyance and the Treasurer is authorized to affix the seal of the Corpora-
tion thereto.

III.

The land described by Tracy D. leMay, Esquire, City Surveyor, as
follows, namely: —

All and singular that certain parcel or tract of land and premises
situate, lying and being in the City of Toronto, in the County of York
and Province of Ontario, being composed of part of Town Lot No. 3, on
the south side of King Street, as shown on a plan of the Town of York,
which said parcel may be more particularly known and described as
follows: — Premising that the easterly limit of Jordan Street intersects
the northerly limit of Meliiida Street at a point distant 47 feet 6J^
inches measured westerly thereon from the westerly face of the granite
base of the building known in 1927 as Nos. 8 and 10 Melinda Street and
that the said limit of Jordan Street is defined at the southerly limit
of King Street by the westerly face of the granite base of the building
known in 1927 as the "Standard Bank" then Commencing at a point
in the southerly limit of King Street distant 39 feet 1 inch measured
westerly thereon from the easterly limit of Jordan Street; Thence
southerly, on a line which would pass through a point in the northerly
limit of Melinda Street distant 38 feet 5 inches measured westerly
thereon from the easterly limit of Jordan Street 93 feet 3J^ inches to
the existing northerly limit of that part of Jordan Street, originally
laid out as 40 feet in width; Thence easterly, along the said existing
northerly limit 2 feet 5 inches to the existing westerly limit of that part
of Jordan Street, originally laid out as 36 feet in width; Thence
northerly, along the last mentioned limit 93 feet 3j^ inches to the
southerly limit of King Street; Thence westerly, along the said south-
erly limit of King Street 2 feet 5 inches to the point of commencement.

shall upon being conveyed to the Corporation and upon possession of same
being given to the Corporation, form part of Jordan Street.

Thomas Foster,

Mayor.

W, A. Little JOHN,
City Clerk.

Council Chamber,

Toronto, December 5th, 1927.
(L.S.)

c>-

H
5' 2. ?d

-^-^ O

Z
H
O

(T>

o cr

to «<

«>

rS^.

Pi.

."^

> — '

«i.

^s-

«>

«2

I— t
H
H

•-t

t\>

ex.

.'^

1—'

(^s

1—'

>
O

a>
o

crq
<-+
rr
n

H
o
•t
o

l-H

o p

No. 28.

1928.

BILL

An Act respecting the Village of Markdale.

WHEREAS the municipal corporation of the village of Preamble.
Markdale has by petition represented that in response
to a largely signed petition coming from electors qualified
to vote on money by-laws the council did submit the
following question to such electors:

Are you in favour of the council subscribing for shares
to the extent of $5,000 in a company to be organized
to be known as "The Markdale Community Hall
and Rink Company," or some such similar name,
said shares to be entitled to 5 per cent, dividend in
priority to all other stock that may be subscribed,
the property to be exempt from taxation and to be
permanently controlled, by council through appoint-
ment of majority of directors by Markdale council,
and necessary legislation to be applied for authorizing
agreement and issue of debentures?

when out of 150 voting on the question, 103 voted in the
affirmative and 43 voted in the negative in answer to the
question; that it is in the interests of the inhabitants of the
said village and of the surrounding country that a building
should be erected for the purpose of a Community Hall and
Rink; that the Markdale Agricultural Society is desirous that
such a building should be erected as it would be available for
use for the purpose of its annual exhibition, and have signified
its intention to subscribe for 2,000 shares of the common
stock of the company; and whereas the said corporation has
by its petition prayed that an Act may be passed for the said
purposes; and whereas it is expedient to grant the prayer of
the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Village of Markdale ylc/, Short title.
1928.

Power to
subscribe
for shares
and borrow
$5,000.

2. The corporation of the village of Markdale may sub-
scribe for 5,000 shares of the par value of $1 each in a company
to be formed under the name of "The Markdale Community
Hall and Rink Company," or some such similar name, for the
purpose of acquiring a site for and erecting a skating rink and,
if deemed feasible, a community hall and may without obtain-
ing the assent of the qualified electors, borrow $5,000 by the
issue of debentures payable within thirty years from the date
of the issue thereof and bearing interest at a rate fixed by the
council.

ofproceeds^ ^- ^he proceeds of the said debentures shall be applied in
tures'^^'^' payment of the subscription for such shares and for no other
purpose.

Appoint-
ment of
directors by
council.

4. — (1) Notwithstanding anything contained in the Letters
Patent incorporating the said company the council of the said
village shall have the right from time to time to appoint by
by-law a majority of the directors of the said company who
shall hold office during the pleasure of the council but shall
not be required to hold any stock in the said company or
possess any other qualifications as a director.

Reeve to
represent
shares.

(2) The reeve of the said village may represent the shares
held by the corporation of the village at all meetings of the
shareholders of the said company and may vote on all ques-
tions except the election of directors.

Shares
to have
preference
as to divi-
dends.

6. The said shares when purchased shall be held upon and
the same are hereby impressed with a trust for the payment of
the debentures issued under the authority of this Act; and
such shares shall have preference as regards dividends at the
rate of five per centum per annum and repayment on dis-
solution or winding up over all other shares issued or to be
issued by the said company.

Dividends
to go in
reduction
of rate.

6. The amount required to be raised by special rate in each
year for the payment of the said debentures and interest shall
be reduced by the dividends on the said shares and it shall
only be necessary to levy such special rate as will with such
dividends be sufificient to raise the amount falling due in each
year in respect of the said debentures and interest.

Village
deemed
owner of
property.

Rev. Stat.,
cc. 233, 247.

T. The property of the company to be formed as above set,
out so long as it is used as a community hall or skating rink
shall for the purposes of The Assessment Act and The Com-
munity Halls Act be deemed to be the property of the cor-
poration of the village of Markdale.

Agricultural
Society as
subscriber.

8. The Markdale Agricultural Society may subscribe for

shares in the common stock of the said company to the
extent of $2,000.

9. This Act shall come into force on the day upon which Commence-

, , . ment of

It receives the Royal Assent. Act.

Pi-

ex.

Pi-

<s>.

<^.

<s>.

(A5

3
>

-1 ►-.

2 Ol

No. 28.

1928.

BILL

An Act respecting the Village of Markdale.

Are you in favour of the council subscribing for shares
to the extent of $5,000 in a company to be organized
to be known as "The Markdale Community Hall
and Rink Company," or some such similar name,
said shares to be entitled to 5 per cent, dividend in
priority to all other stock that may be subscribed,
the property to be exempt from taxation and to be
permanently controlled by council through appoint-
ment of majority of directors by Markdale council,
and necessary legislation to be applied for authorizing
agreement and issue of debentures?

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Village of Markdale ^c^, Short title.
1928.

Power to
subscribe
for shares
and borrow
$5,000.

^/proceeds^ 3- '^'he proceeds of the said debentures shall be applied in
t^res*^^"" payment of the subscription for such shares and for no other
purpose.

Appoint-
ment of
directors by
council.

4. — (1) Notwithstanding anything contained in the Letters
Patent incorporating the said company the council of the said
village shall have the right from time to time to -appoint by
by-law a majority of the directors of the said company who
shall be ratepayers of the said village and shall hold office
during the pleasure of the council but shall not be required
to hold any stock in the said company or possess any other
qualifications as a director.

represent (2) The reeve of the said village may represent the shares

shares. j^g}^ j-^y ^he corporation of the village at all meetings of the

shareholders of the said company and may vote on all ques-
tions except the election of directors.

5. The said shares when purchased shall be held upon and
thesamearehereby impressed with a trust for the payment of
the debentures issued under the authority of this Act; and
such shares shall have preference as regards dividends at the
rate of five per centum per annum and repayment on dis-
solution or winding up over all other shares issued or to be
issued by the said company.

Shares
to have
preference
as to divi-
dends.

Dividends
to go in
reduction
of rate.

6. The amount required to be raised by special rate in each
year for the payment of the said debentures and interest shall
be reduced by the dividends on the said shares and it shall
only be necessary to levy such special rate as will with such
dividends be sufficient to raise the amount falling due in each
year in respect of the said debentures and interest.

Village
deemed
owner of
property.

Rev. Stat.,
00. 233, 247.

Agricultural
Society as
subscriber.

7. The property of the company to be formed as above set
out so long as it is used as a community hall or skating rink
shall for the purposes of The Assessment Act and The Com-
munity Halls Act be. deemed to be the property of the cor-
poration of the village of Markdale.

8. The Markdale Agricultural Society may subscribe for
28

shares in the common stock of the said company to the
extent of $2,000.

9. This Act shall come into force on the day upon which Commence-
1 T-. 1 A -' f ment of

It receives the Royal Assent. Act.

3 2

o cr
W

n
in

O
r

ft-

CLQfQ

r
r

crq

-1 3

ro P
<0'

No. 29.

1928.

BILL

An Act respecting the Count}^ of Halton.

WHEREAS the municipal corporation of the county of Preamble.
Halton has by its petition represented that the said
corporation by by-law No. 291, passed on the 22nd day of
October, 1907, pursuant to an Act passed in 1907, chaptered
16, intituled An Act for the Improvement of Public Highways,
designated certain roads and highways to be assumed
or improved in the county of Halton; and that for several
years the moneys required were raised by a levy on all the
rateable property of the county of Halton; and that later
certain of the municipalities in the said county requiring more
extensive roads than certain other municipalities, requested
the council to pass a by-law for the issuing of debentures for
the amount required on the promise and agreement of the
said municipalities receiving such grant, that the annual
amount required for the payment of principal and interest
under such debentures should be paid wholly by the said
municipalities participating in such agreement; and that
under by-laws Nos. 428 and 439, dated March, 1918, the said
county council on sale of debentures thereunder received the
sum of S72,201.80, which amount was apportioned amongst
the townships of Trafalgar and Nelson, the towns of Burling-
ton and Cjeorgetown and the village of Acton; and that
under a siiiMlar agreement the council of the said county in
October, 1921, passed by-law No. 479 and on the sale of
debentures thereunder the said council received $96,410 and
which amount was apportioned anH)ngst the townships of
Ksquesing, Nelson and Trafalgar; and whereas under a
similar agreenient, the council of the said county- in October,
1922, passed l)y-!a\v No. 495 and on th(^ sale of debentures
thereundj-'r the said council received 845,494 and which
amount was apportioned between the town.ships of Nelson
and Trafalgar; and tliat under a similar agreement and in
Decendjcr of 1924 the council of the said county passed by-law
No. 526 and on the sale of debentures thereunder the said
council received the sum of $68,717.10 and the whole of said
amount was paid o\ er to the towrtship of Trafalgar; and
that said by-laws Nos. 479, 495 and 526 i)r()vided that the
said moneys should be levied again.st all ilie rateable property

in the county but the rating by-laws provided for the levy
thereof against the rateable property in the municipalities
receiving the said moneys and in certain litigation pending in
the courts it has been held that such rating by-laws are
irregular in so far as they attempt to levy said moneys only
against the municipalities receiving the grants; and whereas
the said corporation has by its petition prayed that an Act
be passed to carry into effect the true intent of the agreements
between the county and the municipalities; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Short title. 1. This Act may be cited as The County of Halton Act, 1928.

ra1;es under 2. The council of the corporation of the county of HaltOii
f/s'!^!!. ^^y ^^^^y ^^'*^ collect from the townships of Trafalgar and
Nelson and the towns of Burlington and Georgetown and the
village of Acton, the annual payments set out in by-laws
Nos. 428 and 439 of said county, still remaining unpaid
in proportion to the amounts advanced to or expended on
behalf of the said several municipalities under said by-laws.

mtes under ^" ^^^ council of the corporation of the county of Halton
By-law 479. may levy and collect from the townships of Trafalgar, Nelson
and Esquesing the annual payments set out in by-law No. 479
of the said county of Halton and still remaining unpaid,
in proportion to the amounts advanced to or expended on
behalf of the said several municipalities under said by-law.

ra1;es under 4. The council of the corporation of the county of Halton
By-law 495. ^^^^^ j^.^^ ^^^ collect from the townships of Trafalgar and
Nelson the annual payments set out in by-law No. 495 of
the county of Halton and still remaining unpaid in proportion
to the amounts advanced to or expended on behalf of the said
two municipalities under said by-law.

ralies under S- Tl^t' council of the corporation of the county of Halton
By-law 526. ^^^y |gyy ^j^^-j (-QUgct from the township of Trafalgar, the
whole of the annual payments set out in by-law No. 526
of the said county of Halton and still remaining unpaid.

ment of 6. This Act shall come into force on the day upon which

Act.

it receives the Royal Assent.

^ 'V

= 2.

J«

o cr

Pi-

0^5

ri-

-n

c«

■X3

<-t-

rn^

Cl!>

/"^

^^ *

"-^

.£L

r-^

No. 29.

1928.

BILL

An Act respecting the County of Hal ton.

years the moneys required were raised by a levy on all the
rateable property of the county of Halton; and that later
certain of the municipalities in the said county requiring more
extensive roads than certain other municipalities, requested
the council to pass a by-law for the issuing of debentures for
the amount required on the promise and agreement of the
said municipalities receiving such grant, that the annual
amount required for the payment of principal and interest . ;■
under such debentures should be paid wholly by the said
municipalities participating in such agreement; and that
under by-laws Nos. 428 and 439, dated March, 1918, the said
county council on sale of debentures thereunder received the
sum of $72,201.80, which amount was apportioned amongst
the townships of Trafalgar and Nelson, the towns of Burling-
ton and Georgetown and the village of Acton; and that
under a similar agreement the council of the said county in
October, 1921, passed by-law No. 479 and on the sale of
debentures thereunder the said council received $96,410 and
which amount was apportioned amongst the townships of
Esquesing, Nelson and Trafalgar; and whereas under a
similar agreement, the council of the said county in October,
1922, passed by-law No. 495 and on the sale of debentures ■'.'.',]
thereunder the said council received $45,494 and which
amount was apportioned between the townships of Nelson
and Trafalgar; and that under a similar agreement and in
December of 1924 the council of the said county passed by-law
No. 526 and on the sale of debentures thereunder the said ■

council received the sum of $68,717.10 and the whole of said
amount was paid over to the township of Trafalgar; and - • •
that said by-laws Nos. 479, 495 and 526 provided that the
said moneys should be levied against all the rateable property

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Short title.

1. This Act may be cited as The County of Halton Act, 1928.

Levy of
rates under
By-laws
428, 439.

2. The council of the corporation of the county of Halton
may levy and collect from the townships of Trafalgar and
Nelson and the towns of Burlington and Georgetown and the
village of Acton, the annual payments set out in by-laws
Nos. 428 and 439 of said county, still remaining unpaid
in proportion to the amounts advanced to or expended on
behalf of the said several municipalities under said by-laws.

Levy of
rates under
By-law 479.

3. The council of the corporation of the county of Halton
may levy and collect from the townships of Trafalgar, Nelson
and Esquesing the annual payments set out in by-law No. 479
of the said county of Halton and still remaining unpaid,
in proportion to the amounts advanced to or expended on
behalf of the said several municipalities under said by-law.

Levy of
rates under
By-law 495.

4. The council of the corporation of the county of Halton
may levy and collect from the townships of Trafalgar and
Nelson the annual payments set out in by-law No. 495 of
the county of Halton and still remaining unpaid in proportion
to the amounts advanced to or expended on behalf of the said
two municipalities under said by-law.

Levy of 5. The council of the corporation of the county of Halton

By-iaw'^sle. may levy and collect from the township of Trafalgar, the
whole of the annual payments set out in by-law No. 526
of the said county of Halton and still remaining unpaid.

^f'$i!50o't? I^"6- The county of Halton shall pay to the township of

T^w^s^hi*°of Trafalgar the sum of $1,500 annually for a period of ten years

Trafalgar. from the 15th day of December, 1925, in consideration of the

saving to the county of Halton in maintenance of the county

roads constructed in the township of Trafalgar by the ex-

penditure of moneys borrowed by the county of Halton under
the said by-laws."

7. This Act shall come into force on the day upon which ment"cff'^*^®"
it receives the Royal Assent. Act.

ex.

>
3

rt-

i-t

c
-1

el-
s'

?i-

Cfp

Pi-

0^9

h-*

£L
ft
o

I— (
r
r

crq =

<3-

No. 30.

1928.

BILL

An Act respecting the City of St. Catharines.

WHEREAS the Corporation of the City of St. Catharines Preamble,
has by its petition prayed for special legislation in
respect of the matters hereinafter set forth ; and whereas it is
expedient to grant the prayer of the said petition.

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows: —

1. This Act may be cited as. The. City of St. Catharines Act, Short titi«.

1928. r;

2, The Corporation of the City of St. Catharines may Power to
acquire lands beyond the municipal limits of the said Cityfor'and ^^ *
for the purpose of establishing thereon an airport or air Ifrportf,^
harbour under the provisions of paragraph 31 of section 396

of The Municipal Act; and, subject to the assent of the ^'^233^***"
electors of the said City qualified to vote on money by-laws
being first obtained thereto, the Council of the said Corpora-
tion may pass by-laws to authorize the issue of debentures of
the Corporation to pay for the cost of acquiring such land and
of establishing an airport or air harbour thereon.

3. — (1) The said Corporation may purchase and instal a Power to

,. - . , • 1 It • purchase

police alarm signal system with all apparatus, equipment, police alarm
appliances and devices necessary or incidental thereto in and at^$25?ooo*"^
for the said City of St. Catharines; and the council of the
said corporation may pass by-laws to authorize the issue of
debentures of the Corporation to an amount not exceeding
$25,000 to pay for the cost of purchasing and installing the
said system.

(2) It shall not be necessary to obtain the assent of the^^^^^JgO^^j
electors of the said City qualified to vote on money by-laws required,
to by-laws passed under this section if the same are passed by
a vote of two-thirds of a]l the members of the Council.

Reserve
funds for
waterworks
purposes.

4. The Waterworks Commission of the City of St. Cath-
arines may out of its revenues from year to year set aside,
create and establish reserve funds for depreciation, obsoles-
cence, renewals and other purposes in respect of the Water-
works System of the said City.

Tax sales 5. All sales of land within the City of St. Catharines made

confirmed, by the Treasurer of the said Corporation in the years 1921,
1923 and 1924, respectively, purporting to be made for arrears
of taxes in respect to the lands so sold, are hereby validated
and confirmed, and all conveyances of land so sold, executed
by the Mayor and Treasurer of the said Corporation pur-
porting to convey the said lands so sold to the purchaser
thereof or his assigns, or to the said Corporation, shall have
the effect of vesting the lands so sold in the purchaser or his
assigns, or his or their heirs or assigns, or in the said Corpora-
tion and its successors and assigns, as the case may be, in fee
simple, and clear of and free from all right, title and interest
whatsoever of the owners thereof at the time of the said sale,
or their assigns, and of all charges and encumbrances thereon,
except taxes accruing after those for non-payment of which
the said lands were sold.

Commence- 6. This Act shall come into force on the day upon which it

ment of Act. . , ,-. i a ,

receives the Royal Assent.

<V
•t

5'
IS

rt-

sr
n

oq_

rt-

a> to H-^

►n 3 en

/^ *pa ^

p S t"

a o. B*

5' 5" 5'

0[Q Crq Q«5

\0 vO ^
to Ni N>

00 00 00

Si o

(D 13-

O
C/3

Ocn

fD o

OK?
fD »->.

^ fD

00 V2.

No. 30.

1928.

BILL

An Act respecting the City of St. Catharines.

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. This Act may be cited as The City of St. Catharines Actf short title.
1P28.

2. The Corporation of the City of St. Catharines may f^^^^rg*!® ^ds
acquire lands beyond the municipal limits of the said City ^°[^^^j^jj
for the purpose of establishing thereon an airport or air airport,
harbour under the provisions of paragraph 31 of section 396 j^^^ g^^^

of The Municipal Act; and, subject to the assent of thee 233,
electors of the said City qualified to vote on money by-laws
being first obtained thereto, the Council of the said Corpora-
tion may pass by-laws to authorize the issue of debentures of
the Corporation to pay for the cost of acquiring such land and
of establishing an airport or air harbour thereon.

3. — (1) The said Corporation may purchase and instal a Power to
police alarm signal system with all apparatus, equipment, poiice^aiarm
appliances and devices necessary or incidental thereto in and l^^sls^ooo^"^
for the said City of St. Catharines; and the council of the
said corporation may pass by-laws to authorize the issue of
debentures of the Corporation to an amount not exceeding
$25,000, and payable within a term not exceeding ten years
from the date of the issue thereof, to pay for the cost of purchas-
ing and installing the said system.

(2) It shall not be necessary to obtain the assent of the ^l^^^^g^^^^
electors of the said City qualified to vote on money by-laws required,
to by-laws passed under this section if the same are passed by
a vote of two-thirds of all the members of the Council.

Reserve
funds for
waterworks
purposes.

Tax sales
and deeds
confirmed.

5. All sales of land within the City of St. Catharines made
by the Treasurer of the said Corporation in the years 1921,
1923 and 1924, respectively, purporting to be made for arrears
of taxes in respect to the lands so sold, are hereby validated
and confirmed, and all conveyances of land so sold, executed
by the Mayor and Treasurer of the said Corporation pur-
porting to convey the said lands so sold to the purchaser
thereof or his assigns, or to the said Corporation, shall have
the effect of vesting the lands so sold in the purchaser or his
assigns, or his or their heirs or assigns, or in the said Corpora-
tion and its successors and assigns, as the case may be, in fee
simple, and clear of and free from all right, title and interest
whatsoever of the owners thereof at the time of the said sale,
or their assigns, and of all charges and encumbrances thereon,
except taxes accruing after those for non-payment of which
the said lands were sold.

Commence- ©. This Act shall come into force on the day upon which it

ment of Act. . , t-. i a j ^

receives the Royal Assent.

|! C

o
n

ba^

«».

>!-«

."^^

>
<

0^5

>
O

C/) ^1

13- !2-.
P 3

ft) tr

CD ft,

Q
o

r
r

rt)
o

5^ o

No. 31.

1928.

BILL

An Act respecting the Town of Riverside.

WHEREAS the municipal corporation of the town of Preamble.
Riverside has by petition represented that the East
Marsh drain and the West Marsh drain, in the town of
Riverside, are drainage works constructed by the township Rev. stat.
of Sandwich East under The Municipal Drainage Act prior ^- ^^^•
to the incorporation of the town of Riverside; and whereas
the whole of the drainage area served by the said drains is
situate within the town of Riverside; and whereas the town
of Riverside covers a large area extending along the Detroit
River and shore of Lake St. Clair; and whereas the westerly
part of the said town of Riverside is subdivided and built
upon, and large sums of money have been spent therein on
local improvements, and the corporation's share of such
local improvements is being assessed against all the rateable
property in the said town; and whereas the lands served by
the said East and West Marsh drains get no benefit from
the said local improvements; and whereas the municipal
council of the corporation of the town of Riverside deem it
equitable to assume and pay out of the general funds of the
corporation all future payments in respect of debentures
issued for the said drainage works; and whereas the corporation
of the town of Riverside deem it expedient that they be
empowered to take over the said East Marsh drain and the
said West Marsh drain and to maintain, repair, improve,
and add to the same or either of them and to construct
pumphouses and repair and add to existing pumphouses
used in connection with the same and to specially assess the
cost thereof under The Local Improvement Act; and whereas ^Yas^*^*"
it appears that it may be necessary to alter the courses of the
said drains and that at some time the said drains will become
outlet sewers in the town of Riverside; and whereas it may
be necessary to fill in certain lands and to cover certain parts
of the said drains and the lands adjacent thereto will be greatly
benefitted thereby; and it appears just that the cost of such
work should be assessed against the lands benefitted under
the provisions of The Local Improvement Act; and whereas
there are certain low-lying lands along the shore of Lake
St. Clair and the banks of the Detroit River which are
privately owned and which in the interests of health and

property in the municipality should be filled in and the cost
thereof assessed against the lands benefitted thereby under
the provisions of The Local Improvement Act; and whereas
the municipal council of the corporation of the town of
Riverside did on the 31st day of January, 1928, pass by-law
number 260 "D," being a by-law to provide for the borrowing
of $21,066.00 to pay for the construction of a- storm sewer
on the line of the old Hawkins drain from the Detroit River
to Reedmere Avenue; and whereas the said by-law was
passed to provide for the payment of the cost of works con-
structed under The Local Improvement Act, and such work
was constructed on privately owned land on the course of
an old water-course, and some question has arisen as to the
power of the municipal corporation of the town of Riverside
to construct the said work as a local improvement; and
whereas the municipal corporation of the town of Riverside
has, by its petition, prayed for special legislation in respect
of the said matters; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Short title.

1. This Act may be cited as The Town of Riverside Act,
1928.

Interpreta-
tion.

2. In this Act,—

(a) "Corporation" shall mean the municipal corporation
of the town of Riverside.

(6) "Court of Revision" shall mean Court of Revision of
the municipal corporation of the town of Riverside.

{d) "East Marsh Drain" shall mean the drainage work
constructed under The Municipal Drainage Act by
the township of Sandwich East but now in the town
of Riverside.

{e) "West Marsh Drain" shall mean the drainage work
constructed under The Municipal Drainage Act by
the township of Sandwich East but now in the town
of Riverside.

^^ 3. The corporation may pass by-laws to assume and pay

Corporation q^^ Qf ^j^g general funds of the corporation any or all assess-

Assumption
by

assessments.

ments against any lands within the corporation in respect
of debentures issued for the drains within the corporation
known as the East Marsh drain and the West Marsh drain.

4. The corporation may pass by-laws for any of the undertake
following purposes : works^

(a) To undertake and provide for the maintenance,

repair and improvement of the East Marsh drain
and the West Marsh drain or either of them;

(b) To undertake and provide for the construction,

operation, maintenance and repair of pumping
plants to be used in connection with the said East
Marsh drain and the said West Marsh drain, or
either of them, or any outlet sewers with which
the same may be replaced ;

said East Marsh drain and the West Marsh drain ,
or either of them;

{d) To undertake and provide for the alteration of the
course either in whole or in part of the East Marsh
drain and the West Marsh drain, or either of them;

(e) To undertake and provide for the filling, either in
whole or in part, of the East Marsh drain or the
West Marsh drain, or either of them;

(/) To undertake and provide for the construction of
sewers on the course of the East Marsh drain or the
West Marsh drain, or either of them, or on any
course which may be adopted in substitution for
the course of the East Marsh drain and the West
Marsh drain, or either of them;

(g) To undertake and provide for the filling of any or
all the low-lying lands situate between the road
known as Riverside Drive and the banks of the
Detroit River and the shore of Lake St. Clair.

of the construction of a sewer under The Local Improvement
Act, and for the purposes of this Act, the said works shall
be deemed a sewer within the meaning of The Local Improve-
ment Act.

Assessment
of lands
not
subdivided.

6. Where lands are so situate that they will eventually
be subdivided, but have not been subdivided at the time of
undertaking the work, the corporation may assess the owners'
share of the cost of such work as though the said lands had
been subdivided into lots at a rate as nearly equal as possible
to similar lands already subdivided into lots.

Application
of Rev. Stat.
c. 235.

7. The works mentioned in section 4 may be under-
taken as local improvements under section 8 of The
Local Improvement Act and save as herein provided, all the
provisions of The Local Improvement Act shall apply mutatis
mutandis to any work undertaken under this Act.

Assessment
roll and
by-law
260 "D"
confirmed.

8. The assessment roll made by the engineer of the cor-
poration in respect of the storm-water sewer constructed on
the line of the old Hawkins drain in the corporation from
the Detroit River to Reedmere Road as the same was con-
firmed by the county judge of the county of Essex on appeal
on the 31st day of January, A.D. 1928, is hereby declared
to be legal, valid and binding upon the corporation, and
by-law number 260 "D," a copy of which is contained in
schedule "A," is hereby declared to be legal, valid and
binding upon the corporation.

Commence- 9 This Act shall come into force on the day upon which

ment of Act. . . , t-. i a

It receives the Royal Assent.

SCHEDULE "A."

Town of Riverside.

By-law Number 260 "D."

A by-law to provide for the borrowing of $21,066.00 to pay for the con-
struction of a Storm Sewer on the line of the Old Hawkins Drain from
Detroit River to Reedmere Avenue.

Whereas pursuant to Construction By-law Number 247 "C," a Storm
Sewer has been constructed on the 'ine of the Old Hawkins Drain from
the Detroit River to Reedmere Avenue as a local improvement under the
provisions of The Local Improvement Act.

And whereas the total cost of the work is $21,066.00, of which $9,657.62
is the Corporation's portion of the cost, and $11,408.3? is the owners'
portion o,f the cost, for which a Special Assessment Roll has been duly
made and certified.

And whereas the estimated lifetime of the work is sixteen (16) years.

And whereas the Provincial Board of Health has approved of said
work.

And whereas it is necessary to borrow the said sum of $21,066.00 on
the credit of the Corporation and to issue debentures therefor bearing
interest at the rate of Five and One-half per cent. (53^%) per annum,
which is the amount of the debt intended to be created by this by-law.

And whereas it is expedient to make the principal of the said debt
repayaole in yearly sums during the period of Fifteen (15) years of such
amounts respectively that the aggregate amount payable for principal
and interest in any year shall be equal as nearly as may be to the amount
so payable for principal and interest in each of the other years.

And whereas it will be necessary to raise annually the sum of $2,098.71
during the period of Fifteen (15) years to pay the said yearly sums of
principal and interest as they become due, of which $962.14 is required
to pay the Corporation's portion of the cost and interest thereon, and
$1,136.57 is required to pay the owners' portion of the cost and interest
thereon.

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last Revised Assessment Roll is $4,705,337.00.

And whereas the amount of the existing Debenture Debt of the Cor-
poration, exclusive of local improvement debts secured by special rates or
assessments is $320,000.00, and no part of the principal or interest is in
arrear.

Therefore the Municipal Council of the Corporation of the Town of
Riverside enacts as follows:

1. That for the purpose aforesaid there sha'l be borrowed on the credit
of the Corporation at large, the sum of $21,066.00 and debentures shall be
issued therefor in sums of not less than $50.00 each bearing interest at the
rate of Five and One-half per cent. (53^%) per annum payable semi-
annually, and having coupons attached thereto for the payment of interest.

2. The debentures shall all bear the same date and shail be issued
within Two (2) years after the day on which this by-law is passed and may
bear any date within such Two (2) years, and shall be payable in Fifteen
(15) annual instalments during the Fifteen (15) years next after the time
when the same are issued, and the respective amounts of principal and
interest payable in each of such years shall be as set forth in Schedule "A"
hereto annexed, which is hereby declared to be and form part of this by-law.

3. The debentures shall be payable both as to principal and interest in
Canadian currency at the principal office of the Canadian Bank of Com-
merce at Montreal, Toronto, or Ford City, Ontario.

4. The Mayor of the Corporation shall sign and issue the debentures
and the debentures and interest coupons shall be signed by the Treasurer
and the debentures shall be sealed with the Seal of the Corporation.
The signature of the Treasurer upon the coupons may be written, stamped,
lithographed or engraved.

5. During the Fifteen (15) years the currency of the debentures, the
sum of $2,098.71 shall be raised annually for the payment of the debt
and interest as follows: The sum of $962.14 shall be raised annually for
the payment of the Corporation's portion of the cost and interest thereon
and shall be levied and raised annually by a special rate sufficient therefor
over and above all other rates on all the rateable property in the Munici-
pality at the same time and in the same manner as other rates. For the
payment of the owners' portion of the cost and interest thereon, after
deducting any sums received by the Municipality by way of commutation
of special rates, and the interest thereon, the special assessments set forth
in the Special Assessment Roll prepared in respect of the said work are
hereby imposed upon the land liable therefor as therein set forth, which
said Special Assessments with a sum to cover interest thereon at the rate
aforesaid shall be payable in Fifteen (15) annua' instalments of $1,136.57
each and for that purpose the respective special annual rates per foot
frontage set forth in the said Special Assessment Roll are hereby imposed
upon the lots set forth in the said Special Assessment Roll for the said
work according to the assessed frontage thereof over and above all other
rates and taxes which said special rates shall be collected annually by the
Collector of Taxes for the Corporation at the same time and in the same
manner as other rates.

6. The Debentures may contain any clause providing for the registra-
tion thereof authorized by any Statute relating to Municipal debentures
in force at the time of the issue thereof.

7. The amount of the loan authorized by this By-law may be con-
solidated with the amount of any loans authorized by other local improve-
ment by-laws, by including the same with such other loans in a Con-
solidating By-law authorizing the borrowing of the aggregate amount
thereof in one loan, and the issue of debentures for such loan in one con-
secutive issue pursuant to the provisions of the Statute in that behalf.

8. This By-law shall take effect on the day of the final passing thereof.
Finally passed this 31st day of January, A.D. 1928.

Harry A. Drouillard,

Mayor.

C. J. McHuGH,

Clerk.

Schedule One (1) to
By-law Number 260 "D."

Year

1...

2...

3...

4...

5...

6...

7...

8...

9...
10...
11...
12. . .
13.. .
14...
15...

Equal Annual

Principal

Interest

Payment

; 940 08 $ 1,158 63 $ 2,098 71

991 79

1,106 92

2,098 71

1,046 34

1,052 37

2,098 71

1,103 88

994 83

2,098 71

1,164 60

934 11

2,098 71

1,228 65

870 06

2,098 71

1,296 23

802 48

2,098 71

1,367 52

731 19

2,098 71

1,442 73

655 98

2,098 71

1,522 08

576 63

2,098 71

1,605 80

492 91

2,098 71

1,694 12

404 59

2,098 71

1,787 29

311 42

2,098 71

1,885 59

213 12

. 2,098 71

1,989 30

109 41

2,098 71

$21,066 00

$ 10,414 65

$31,480 65

^. 'V

o a"

en «<

3
>

ft)

n
n

?1-

i-t-

CK5

o C

Pi.
<s>.

r
p

fD ft

^-«i

0^5

(«>

(>«

3
O

<'
ft)

i-i

a."

1— k

No. 31.

1928.

BILL

An Act respecting the Town of Riverside.

WHEREAS the municipal corporation of the town of preamble.
Riverside has by petition represented that the East
Marsh drain and the West Marsh drain, in the town of
Riverside, are drainage works constructed by the township
of Sandwich East under The Municipal Drainage Act prior ^®j4j^*^*'»
to the incorporation of the town of Riverside ; and whereas
the whole of the drainage area served by the said drains is
situate within the town of Riverside; and whereas the town
of Riverside covers a large area extending along the Detroit
River and shore of Lake St. Clair; and whereas the westerly
part of the said town of Riverside is subdivided and built
upon, and large sums of money have been spent therein on
local improvements, and the corporation's share of such
local improvements is being assessed against all the rateable
property in the said town ; and whereas the lands served by
the said East and West Marsh drains get no benefit from
the said local improvements; and whereas the municipal
council of the corporation of the town of Riverside deem it
equitable to assume and pay out of the general funds of the
corporation all future payments in respect of debentures
issued for the said drainage works ; and whereas the corporation
of the town of Riverside deem it expedient that they be
empowered to take over the said East Marsh drain and the
said West Marsh drain and to maintain, repair, improve,
and add to the same or either of them and to construct
pumphouses and repair and add to existing pumphouses
used in connection with the same and to specially assess the
cost thereof under The Local Improvement Act; and whereas ^Yss?*^*"
it appears that it may be necessary to alter the courses of the
said drains and that at some time the said drains will become
outlet sewers in the town of Riverside; and whereas it may
be necessary to fill in certain lands and to cover certain parts
of the said drains and the lands adjacent thereto will be greatly
benefitted thereby; and it appears just that the cost of such
work should be assessed against the lands benefitted under
the provisions of The Local Improvement Act; and whereas
the municipal council of the corpor'ation of the town of
Riverside did on the 31st day of January, 1928, pass by-law
number 260 "D," being a by-law to provide for the borrowing

of $21,066.00 to pay for the construction of a storm sewer
on the Hne of the old Hawkins drain from the Detroit River
to Reedmere Avenue; and whereas the said by-law was
passed to provide for the payment of the cost of works con-
structed under The Local Improvement Act, and such work
was constructed on privately owned land on the course of
an old water-course, and some question has arisen as to the
power of the municipal corporation of the town of Riverside
to construct the said work as a local improvement; and
whereas the municipal corporation of the town of Riverside
has, by its petition, prayed for special legislation in respect
of the said matters; and whereas it is expedient to grant the
prayer of the said petition;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows :

Short title. 1. This Act may be cited as The Town of Riverside Act,
1928.

Interpreta- g. In this Act,—

(a) "Corporation" shall mean the municipal corporation
of the town of Riverside.

(6) "Sewer" shall include a common sewer and a drain
and two or more sewers connected as a system of
sewers.

(c) "East Marsh Drain" shall mean the drainage work
constructed under The Municipal Drainage Act by
the township of Sandwich East but now in the town
of Riverside known as the East Marsh Drain.

{d) "West Marsh Drain" shall mean the drainage work
constructed under The Municipal Drainage Act by
the township of Sandwich East but now in the town
of Riverside known as the West Marsh Drain.

Assumption 3 -pj^g corporation may pass by-laws to assume and pay

Corporation out of the general funds of the corporation any or all assess-

assessments. ments against any lands within the corporation in respect

of debentures issued for the drains within the corporation

known as the East Marsh drain and the West Marsh drain.

Power to 4. The corporation may pass by-laws for undertaking in

certlin^''^ connection with the East Marsh Drain or the West Marsh
works. Drain any of the following works:

(a) The repair or improvement of the said drains.

{b) The construction, repair and improvement of pump-
ing plants which are now or may hereafter be used
in connection with the said drains, or any outlet
sewers with which the same may be replaced.

(d) The alteration of the course either in whole or in

part of the said drains- '

(e) The filling either in whole or in part of the said

drains.

(/) The construction of a sewer on the course of the said
drains or on any course which may be adopted in
substitution therefor.

5. The corporation may assume such portion of the cost Assumption
of the works mentioned in section 4 as may seem equitable, corporation
but in no case shall such proportion be less than the propor- of cost!°"
tion which the corporation would have to bear in the case
of the construction of a sewer under The Local Improvement
Act, and for the purposes of this Act, the said works shall
be deemed a sewer within the meaning of The Local Improve-
ment Act.

6. — (1) Where land benefitted by the work is so situate Assessment
1 • • • -11 1 1 1 of lands

that it IS impracticable to assess the same by an equal rate not

t ^ t 4- 4-1. 4.- ^u .subdivided.

per toot frontage the corporation may procure the report
required by section 34 of The Local Improvement Act to be
made by an engineer, and the engineer in his report may
designate one or more sections or districts in which the land
is benefitted in the same proportion and its proper proportion
of the cost shall be assigned to each district or section and
the proportion to be borne by each district or section shall
be specially assessed on the lots therein according to their
area at an equal special rate per acre or fraction thereof.

(2) Where it is intended to assess lands under this section
the Notice of Intention to be published under section 10 of
The Local Improvement Act shall set forth the districts or
sections proposed to be so assessed, the proportions of the
cost of the work for which they are to be assessed and the
estimated rate per acre of such assessment.

(3) Any owner of lands to be specially assessed under this
section being dissatisfied with the rnethod of assessment or
the amount thereof may by petition apply to the Railway and
Municipal Board for relief and the Board may thereupon

investigate the complaint and make such order with respect
to the work as may seem proper and after notice to the clerk
of the corporation of the application and pending its deter-
mination by the Board the council shall not proceed with the
work.

(4) Such petition shall be deposited with the Secretary of
the Railway and Municipal Boaid within twenty-one (21)
days after the publication of notice of the council's intention
to undertake the work.

(5) The by-law for undertaking the work shall not be passed
until the expiry of twenty-one days after publication of the
said notice.

(6) Where part of a whole lot or portion of a lot assessed
under this section has been sold or subdivided since the final
revision of the special assessment roll, the owner of the part
so sold or the owner of the remaining portion of the lands or
the owner of the subdivided lands so assessed may give
notice to the clerk of the corporation that he requires such
assessment to be apportioned between the owners of the
property so assessed or among the lots into which the lands
so assessed have been subdivided and the town engineer
shall thereupon make such apportionment in writing and
same shall be filed with the clerk and shall by him be attached
to the original special assessment roll and subject to alteration
or correction by the judge on appeal shall be binding upon
the lands assessed in the manner apportioned by the engineer
and the rate shall thereafter be levied and collected accord-
ingly.

(7) The costs of the engineer shall be borne and paid in
the manner which may be fixed or apportioned by such
engineer.

(8) The clerk of the corporation shall give notice in writing
to the owners of all lands affected by any apportionment
under subsection 5 of this section by mailing such notice to
the owners at their addresses as they appear in the current
assessment roll and any owner dissatisfied with such apportion-
ment may appeal to the county judge within ten (10) days
from the date of the mailing of such notice.

(9) The provisions of The Local Improvement Act as to
procedure on appeals to the county judge shall apply to
appeals under subsection 7 of this section.

(10) The judge hearing the appeal may alter or vary the
apportionment made by the engineer in such manner as may
seem just, and the clerk shall cause such corrections and
alterations to be entered on the written apportionment
attached to the special assessment roll.

(11) The costs of any application or appeal under this
section shall be in the discretion of the Railway and Municipal
Board and the judge respectively.

7. The works mentioned in section 4 may be under- -'SP^'^'^^E^'i

. . ■' of Rev. Stat.,

taken as local improvements under section 8 of The c- 235.
Local Improvement Act and save as herein provided, all the
provisions of The Local Improvement Act shall apply mutatis
mutandis to any work undertaken under this Act.

8. The assessment roll made by the engineer of the cor- ^^j|^^|^^^*
poration in respect of the storm-water sewer constructed on ^Jn^-n"
the line of the old Hawkins drain in the corporation from confirmed,
the Detroit River to Reedmere Road as the same was con-
firmed by the county judge of the county of Essex on appeal

on the 31st day of January, A. p. 1928, is hereby declared
to be legal, valid and binding upon the corporation, and
by-law number 260 "D," a copy of which is contained in
schedule "A," is hereby declared to be legal, valid and
binding upon the corporation.

9. This Act shall come into force on the day upon which Sent"o^f"Act.
it receives the Royal Assent.

SCHEDULE "A."

Town of Riverside.

By-law Number 260 "D."

A by-law to provide for the borrowing of $21,066.00 to pay for the con-
struction of a Storm Sewer on the line of the Old Hawkins Drain from
Detroit River to Reedmere Avenue.

Whereas pursuant to Construction By-law Number 247 "C," a Storm
Sewer has been constructed on the Une of the Old Hawkins Drain from
the Detroit River to Reedmere Avenue as a local improvement under the
provisions of The Local Improvement Act.

And whereas the total cost of the work is $21,066.00, of which $9,657.62
is the Corporation's portion of the cost, and $11,408.38 is the owners'
portion o,f the cost, for which a Special Assessment Roll has been duly
made and certified.

And whereas the estimated lif*etime of the work is sixteen (16) years.

And whereas the Provincial Board of Health has approved of said
work.

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last Revised Assessment Roll is $4> 705,337.00.

Therefore the Municipal Council of the Corporation of the Town of
Riverside enacts as follows:

1. That for the purpose aforesaid there shaU be borrowed on the credit
of the Corporation at large, the sum of $21,066.00 and debentures shall be
issued therefor in sums of not less than $50.00 each bearing interest at the
rate of Five and One-half per cent. (53^%) per annum payable semi-
annually, and having coupons attached thereto for the payment of interest.

2. The debentures shall all bear the same date and shall be issued
within Two (2) years after the day on which this by-law is passed and may
bear any date within such Two (2) years, and shall be payable in Fifteen
(15) annual instalments during the Fifteen (15) years next after the time
when the same are issued, and the respective amounts of principal and
interest payable in each of such years shall be as set forth in Schedule "A"
hereto annexed, which is hereby declared to be and form part of this by-law.

3. The debentures shall be payable both as to principal and interest in
Canadian currency at the principal office of the Canadian Bank of Com-
merce at Montreal, Toronto, or Ford City, Ontario.

5. During the Fifteen (15) years the currency of the debentures, the
sum of $2,098.71 shall be raised annually for the payment of the debt
and interest as follows: The sum of $962.14 shall be raised annually for
the payment of the Corporation's portion of the cost and interest thereon
and shall be levied and raised annually by a special rate sufficient therefor
over and above all other rates on all the rateable property in the Munici-
pality at the same time and in the same manner as other rates. For the
payment cf the owners' portion of the cost and interest thereon, after
deducting any sums received by the Municipality by way of commutation
of special rates, and the interest thereon, the special assessments set forth
in the Special Assessment Roll prepared in respect of the said work are
hereby imposed upon the land liable therefor as therein set forth, which
said Special Assessments with a sum to cover interest thereon at the rate
aforesaid shall be payable in Fifteen (15) annua' instalments of $1,136.57
each and for that purpose the respective special annual rates per foot
frontage set forth in the said Special Assessment Roll are hereby imposed
upon the lots set forth in the said Special Assessment Roll for the said
work according to the assessed frontage thereof over and above all other
rates and taxes which said special rates shall be collected annually by the
Collector of Taxes for the Corporation at the same time and in the same
manner as other rates.

6. The Debentures may contain any clause providing for the registra-
tion thereof authorized by any Statute relating to Municipal debentures
in force at the time of the issue thereof.

8. This By-law shall take effect on the day of the final passing thereof.
Finally passed this 31st day of January, A.D. 1928.

Harry A. Drouillard,

Mayor.

C. J. McHuGH,

Clerk.

I'l ' i

bI' 1 'i '
i

r!i

I-;
II' 'i

Schedule One {1) to
By-law Number 260 "D."

Equal Annual
Year Principal Interest Payment

1 $ 940 08 $ 1,158 63 $ 2,098 71

2 99179 1,106 92 2,098 71

3 1,046 34 1,052 37 2,098 71

4 1,103 88 994 83 2,098 71

5 1,164 60 934 11 2,098 71

6 1,228 65 870 06 2,098 71

7 1,296 23 802 48 2,098 71

8 1,367 52 73119 2,098 71

9 1,442 73 655 98 2,098 71

10 1,522 08 576 63 2,098 71

11 1,605 80 492 91 2,098 71

12 1,694 12 404 59 2,098 71

13 1,787 29 311 42 2,098 71

14 1,885 59 213 12 2,098 71

15 1,989 30 109 41 2,098 71

$21,066 00 $10,414 65 $31,480 65

,'; 1

«!•

ft-

rt>

'13

oq^

Co""

fT>

»<

<S>

Si-

«>

<f».

?i-

<-».

«4.

«-»•

•1

•s

C4.

•>*

Orq

S
a

(:>

&-.

•-*

(AS

O
•-t

<§•

No. 32.

1928.

BILL

An Act respecting the Township of North York.

WHEREAS the corporation of the township of North ^^®*«^''^«'
York has by its petition prayed for special legislation
in regard to the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows: —

1. This Act may be cited as The Township of North For^ short title.
Act, 1928.

2. By-law Number 434 of the township of North York, By-law

No 434

passed by the council on the 28th day of February, 1927, to borrowing
authorize the borrowing of $3,415 upon debentures to pay for certain °^
the construction of certain watermains in Water Area Number J^^wat^r'*'^*
Three of the said township, is hereby confirmed and declared ^J'®|p^°^_^*
to be legal, valid and binding upon the corporation of the
township of North York and upon the property liable for any
rate or assessment imposed by or under the authority of the
said by-law.

3. By-law Number 435 of the township of North York, g^^^^^g^

passed by the council on the 28th day of February, 1927, to borrowing

authorize the borrowing of $7,410 on debentures to pay for certain
, . , . ...,,, A -NT 1 water mains

the construction of certain watermains in Water Area Number in water
Four of the said township, is hereby confirmed and declared confirmed. '
to be legal, valid and binding upon the corporation of the
township of North York and upon the property liable for
any rate or assessment imposed by or under the authority of
the said by-law.

4. By-law Number 520 of the township of North York, By-law

. r • J^o. 520,

passed by the council on the 16th day of January, 1928, to borrowing
authorize the borrowing of $17,525 upon debentures to pay construction
for the construction of a bridge on Donino Avenue in the said conflrmeti.
township of North York, is hereby confirmed and declared
to be legal, valid and binding upon the corporation of the

township of North York and upon the property liable for
any rate or assessment imposed by or under the authority of
the said by-law.

By-law
No. 521, re
opening of
certain
streets,
confirmed.

5. By-law Number 521 of the township of North York,
passed by the council on the 16th day of January, 1928, to
authorize the borrowing of $10,230.90 upon debentures to pay
for the opening of certain streets in the township of North
York, is hereby confirmed and declared to be legal, valid and
binding upon the corporation of the township of North York,
and upon the property liable for any rate or assessment im-
posed by or under the authority of the said by-law.

Agreements

between

Township

and Armour

Estates,

Ltd.,

confirmed.

Expropria-
tion or land
necessary
for construe
tion of cer-
tain works.

6. The agreements made between Armour Estates, Lim-
ited, and the Corporation of the township of North York on
the 21st day of May, 1927, 17th October, 1927, and the 5th
December, 1927, and set out in Schedules "A," "B," and "C,"
hereto, are hereby confirmed and declared to be legal, valid
and binding upon Aimour Estates, Limited, and the cor-
poration of the township of North York.

7. The council of the corporation of the township of
North York may pass by-laws to expropriate any land or
lands or easements required for the construction of the works
referred to in the agreements mentioned in the next preceding
section and may take all other proceedings necessary for the
due performance of the said agreements.

Enlargement g. — (1) The council of the corporation of the township
Area No. 1. of North York may, from time to time, pass by-laws to

enlarge or alter the boundaries of Water Area Number One of

the said township.

£w°and^ie/y (2) Any by-law passed under subsection 1 hereof shall come
of^speciai into force on the 31st day of December in the year in which
such by-law was passed, and thereafter any special rate or
assessment to be levied upon the rateable property in said
Water Area Number One shall be levied on all the rateable
property in said Water Area Number One as so enlarged or
altered, whether the by-law under which such rate or assess-
ments is imposed was passed before or after the passing of the
by-law enlarging or altering such water area.

Special
assessment
on whole
township to
be levied on
Water Area

(3) P>om and after the date on which any by-law passed
under the provisions of subsection 1 hereof comes into force,
the special assessment imposed on the whole rateable property
in the municipality to pay any portion of the cost of any
watermain theretofore constructed on any street in any por-
tion of the township of North York added by such by-law
to said Water Area Number One shall be levied and imposed

on the whole rateable property in said Water Area Number
One as from time to time enlarged or altered.

9. Subsection 2 of section 6 of The Township of North York l.^lf'aSbs.^S'
Act, 1925 (15 George V, Chapter 120) is hereby repealed and ''®Peai«<** "
the following subsection substituted therefor: —

(2) Where a poll is required there shall be prepared one Form of
set of ballot papers for all polling subdivisions con- ^ ° papers,
taining the names of the candidates for Reeve;
another set of ballot papers for each Ward containing
the names of the candidates for Deputy-Reeve for
the Ward ; and another set of ballot papers for Ward
Two containing the names of the candidates for
Councillor for that Ward. The form of the ballot
paper shall mutatis mutandis be according to Form
Three set out in The Municipal Act.

10. This Act shall come into force on the day upon which Commence-

. Ti , . ^ ^ r- ment of Act.

It receives the Royal Assent.

SCHEDULE "A."

This Agreement made in duplicate this 21st day of May, A.D. 1927.

Between :

Armour Estates Limited,

hereinafter called the Company

OF the First Part:
— and —

The Corporation of the Township of North York,

hereinafter called the Corporation,

of the Second Part :

Whereas the Company is the owner of all or most of the lands in the
Township of North York laid out by Plans Numbers 1841, 2395 and 2430
filed in the Registry Office for the Registry Division of the East and West
Riding of the County of York;

And Whereas the said Company is desirous of constructing a sewage
disposal plant and a system of sewers of sufficient capacity to adequately
serve the buildings that are now or may hereafter be erected on the lands
laid out by the said Plans Numbers 1841, 2395 and 2430.

And Where.\s the said Company has offered to construct such sewage
disposal plant and system of sewers at its own expense and has agreed that
such sewage disposal plant and system of sewers shall be constructed in
accordance with plans, profiles and specifications satisfactory to the
Engineer of the Corporation hereinafter called the "Engineer" and under
the supervision of such Engineer;

And Whereas the said Company has applied to the said Corporation
for permission to construct such sewage disposal plant and to enter upon
the streets laid out by the said Plans Numbers 1841, 2395 and 2430, and to
construct on such streets the system of sewers hereinbefore mentioned.

Now Therefore this Agreement Witnesseth that in consideration
of the premises and of the covenants and conditions herein agreed to and
the sum of One Dollar now paid by the said Corporation to the said Com-
pany as follows: — •

1. That the Company will forthwith after the execution of this agree-
ment prepare or cause to be prepared and submit or cause to be submitted
to the Engineer, such plans, profiles, specifications and other particulars
and information as the Engineer may require of a sewage disposal plant and
a system of sewers of sufficient capacity to adequately serve the buildings
now erected or which may hereafter be erected on the lands laid out by the
said Plans Numbers 1841, 2395 and 2430.

2. The Company shall not commence the construction of any of the
works referred to in this agreement until the plans, profiles and speci-
fications thereof have been approved by the Engineer and such approval
has been reported to and has been accepted by the Council of the said
Corporation.

3. The Company before commencing the construction of any of the
works referred to in this agreement shall at its own expanses, secure the
approval of the Minister of Health, or the Department of Health and the
Board of Health of the Township of North York, and of any other authority
or person whose consent is necessary to the plans, profiles and specifications
of such works and of the location of any sewage disposal plant to be con-
structed under the provisions of this agreement and shall before the
commencement of the construction of such works, file with the Clerk of
the Corporation, certificates from the Minister of Health or the Depart-

m '

ment of Health and the Board of Health of the Township of North York
and any other authority whose approval or consent is required, showing
that such approval or consent has been obtained.

4. The Corporation, upon the approval by the Engineer of the plans,
profiles and specifications and upon the Company filing with the Clerk
the certificates referred to jn the next preceding paragraph hereof, will
grant to the Company permission to enter upon the streets laid out by
the said Plans Numbers 1841, 2395 and 2430, and to construct and lay
down a system of sewers of sufficient capacity to adequately serve the
buildings now erected or which may hereafter be erected on the lands laid
out by the said Plans Numbers 1841, 2395 and 2430, and the Corporation
will further grant permission to the Company to construct and erect a
suitable sewage disposal plant of sufficient capacity to adequately serve
such buildings at the location indicated on the copy of said Plan Number
1841 hereto attached, or at such other location as may be agreed upon by
the Company and the Corporation with the approval of the Minister of
Health or the Department of Health, and the Board of Health of the
Township of North York, and of any other authority whose approval is
necessary for the construction of such sewage disposal plant.

5. The Company hereby covenants to indemnify and save harmless the
Corporation of and from all actions, causes of action, claims and demands
of any kind whatsoever for compensation or damages to persons or property
arising directly or indirectly from the construction of such sewage disposal
plant and sewers on any street under the provisions of this agreement or
from the operation and maintenance of such plant or sewers and before
commencing the construction of any work hereunder will deposit with the
Clerk of the said Corporation the trend of a surety Company whose bonds
are acceptable as security in the Courts of the Province of Ontario in the
amount of $100,000.00 and in a form approved by the Solicitor for the
Corporation guaranteeing the completion of all the works referred to in
this agreement in accordance with the provisions of this agreement and-
further guaranteeing the payment by the Company to the Corporation of
all amounts for which the Company may be or become liable to the
Corporation hereunder.

6. The Company shall within two months after receiving the necessary
permission from the Corporation proceed with the erection and con-
struction of sewage disposal plant of sufficient capacity to adequately
serve the buildings now erected or which may hereafter be erected on the
lands laid out by the said Plans Numbers 1841, 2395 and 2430, and to
construct and lay down sewers on the streets shown on the said plans and
the Company shall at its own expense and without unnecessary delay
complete the construction of the said sewage disposal plant and sewers in
accordance with the plans, profiles and specifications submitted to and
approved by the Engineer under the provisions of this agreement.

7. The Company shall completely erect, construct and lay down all the
works referred to in this agreement including the sewage aisposal plant
and sewers on all the streets shown on the said Plans Numbers 1841, 2395
and 2430, in accordance with the provisions of this agreement within
three years after the commencement of the construction of the said works.

8. In the event of the Company failing to commence the construction
of such sewage disposal plant and sewers within two months after receiving
the necessary permission from the Corporation this agreement shall be
void, unless the Council of the Corporation shall have extended the time
for the commencement of the construction of such works and in the event
of such extension of time being granted by the Council this agreement shall
be void, unless the construction of such works is commenced within the
extended time allowed by the Council of the said Corporation.

9. All the works referred to in this agreement shall be constructed by
the Company under the supervision of the Engineer and during the con-
struction of such works the Engineer may, if he deems it advisable employ
an Inspector to oversee the construction of such works and the Company

shall repay to the Corporation any amount paid by the Corporation for the
salary and expenses of such Inspector. Such Inspector shall be a person
not in the employ of the Company or of any contractor constructing such
works on behalf of the Company.

10. When the said works are completed of sufficient capacity to ade-
quately serve the buildings now erected or hereafter to be erected upon the
lands laid out by the said Plans Numbers 1841, 2395 and 2430, and the
Engineer having approved of the same, and all and every claim for damage
or compensation having been settled by the Company the Corporation
shall take over the said sewers and said disposal plant and shall be respon-
sible for the further operation, maintenance, extension and developmient
thereof.

11. It is further agreed by and between the Companv and the Corpora-
tion that the said works shall when taken over by the Corporation be
absolutely free from every encumbrance of any kind whatsoever except
the cost of the future operation, maintenance, extension and repair of the
said sewers and sewage disposal plant, And it is further agreed that the
cost of the operation, maintenance, extension and repair of the said sewers
and sewage disposal plant may be levied by a special rate on all the rate-
able property on the said Plans Numbers 1841, 2395 and 2430, and that
the lands laid out by the said Plans shall be deemed to be a Sewerage
System Area under the provisions of the Township of North York Act,
1926, over which the said special rate may be imposed and levied.

12. Until the said sewage disposal plant and system of sewers shall
have been taken over by the Corporation the Company shall operate the
said sewage disposal plant in such manner as to cause the least possible
annoyance and damage to the owners and occupants of lands in the
vicinity of such sewage disposal plant and shall keep the sewers constructed
under the provisions of this agreement open and free from all obstruction
whatsoever.

13. It is understood that the said sewage disposal plant shall be an
activated sludge plant of the most modern type and so constructed that
there shall be no offensive odours arising from it.

14. The Company shall further pay to the Corporation the usual fees
charged by the Engineer for approving the plans, profiles and specifica-
tions, and supervisinfg the work and also shall pay all legal expenses that
may be incurred in connection with the preparation of this agreement and
the carrying out of the provisions hereof and in the event of it being
necessary to secure legislation for the purpose of validating this agreement
or any proceeding taken hereunder the Company shall pay to the Corpora-
tion all expenses incurred by the Corporation in procuring such legislation.

15. It is expressly understood and agreed by and between the Company
and the Corporation that all sewers constructed under the provisions of
this agreement shall be used exclusively for the purpose of carrying sewage
and roof and cellar drainage from the buildings now erected or which
mil mm tie oi erezteJ on the Ian Is laid out by said Plans Numbers
1841, 2395 and 2430 and shall not be used as storm sewers or for the purpose
of surface drainage.

16. It is further understood and agreed by and between the Company
and the Corporation that the Corporation shall not be under any obligation
to take over the works referred to in this agreement until it is absolutely
satisfied that the said works are completed in a proper and workmanlike
manner and in accordance with the provisions of this agreement and form
a system of sufficient capacity to adequately serve the buildings now
erected or which may hereafter be erected upon the lands laid out by the
said Plans Numbers 1841, 2395 and 2430, and to properly dispose of all
sewage that may arise from such buildings.

In Witness Whereof the parties hereto have hereunto afii^xed their
Corporate Seals under the hands of the proper officers in that behalf.

Signed, Sealed and
Delivered

In the presence of:

[seal]

Armour Estates Limited.
K. F. MacLaren, President.
Frederick Nelson, Secretary -Treasurer.

Township of North York [seal]

Wm. W. Anderson, Reeve.
H. D. Goode, Clerk.

of the First Part,

SCHEDULE "B."

This Agreement made in duplicate the seventeenth day of October,
1927;

Between:

Armour Estates Limited,

hereinafter called the Company

— and —

The Corporation of the Township of North York,

hereinafter called the Corporation

of the Second Part.

Whereas by an agreement bearing date the 21st day of May, 1927,
the Company agreed to erect, construct and lay down a sewage disposal
olant and a system of sewers for the purpose of serving the lands laid out
by Plan Numbers 1841, 2395 and 2430, filed in the Registry Office for the
Registry Division of th'e East and West Riding of the County of York;

And Whereas for the purpose of completing the said sewage disposal
plant it is necessary to construct an out-fall sewer from the said plant to
the west branch of the River Don ;

And Whereas the Company has been unable to secure the necessary
easement under or through the lands between the proposed location of the
said plant and the west branch of the River Don for the purpose of con-
structing the said out-fall sewer and has requested the Corporation to
secure the said easement;

And Whereas the Corporation has agreed to secure such easement
upon the terms and conditions herein set out; Now Therefore this
Agreement Witnesseth that in consideration of the premises and of the
covenants and conditions herein agreed to and the sum of One Dollar,
now paid by the said Corporation to the said Company, as follows: —

1. The Company will forthwith after the execution of this agreement
comply with all the conditions set out in the said agreement bearing date
the 21st day of May, 1927, precedent to the construction of the said
sewage disposal plant referred to in the said agreement and will proceed
with the construction of the said plant;

2. The Corporation will at the expense of the Company and without
unnecessary delay after the completion of the said sewage disposal plant,
except as to said out-fall sewer, secure the necessary easement through or

under the lands lying between the proposed location of the said plant and
the west branch of the Don River for the purpose of constructing and main-
taining the out-fail sewer required to carry the effluent from such sewage
disposal plant to the said west branch of the Don River.

3. Such out-fall sewer shall be placed in the location in which it may be
most economically constructed. The Engineer of the Corporation shall,
subject to the approval of the Minister of Health or the Department of
Health and the Board of Health of the Township of North York determine
the exact location of such out-fall sewer and in determining such location,
the Engineer shall take into consideration the cost of acquiring the neces-
sary easement as well as the actual cost of constructing the said out-fall
sewer, and any other factor which the said Engineer may consider neces-
sary.

4. The Company will forthwith after the Corporation has secured the
necessary easement, construct the said out-fall sewer in accordance with
the provisions, terms and conditions of the said agreement dated the
21st day of May, 1927, unless the Corporation shall deem it expedient
to take over the said sewage disposal plant when complete, except as to
said out-fall sewer and to have said out-fall sewer constructed by the Cor-
poration at the expense of the Company-.

5. (1) In the event of the Corporation deeming it advisable so to do
the said Corporation may take over the said sewage disposal plant from
the Company when the same is complete, except as to such oiit-fall sewer,
and may construct the said out-fall sewer as an undertaking of the said
Corporation, but at the expense of the Company. Before commencing
the construction of the said out-fall sewer the Corporation shaJl submit
to the Company a copy of the Engineer/s^report showing the estimated
cost of the construction of such out -fall sewer.

(2) In the event of the Corporation deeming the estimated cost as shown
by the Engineer's report excessive, the Corporation will let a contract for
the construction of such out-fall sewer to the Company on such terms and
conditions as may then be agreed upon.

6. The Company shall pay to the Corporation on demand all sums of
money that the Corporation may expend for compensation, damages,
costs or for any other matter or thing whatsoever in connection with the
acquisition of the easement necessary for the construction of such out-fall
sewer and in the event of the Corporation constructing such out-fall sewer,
shall repay to the Corporation the total cost of the construction of sucli
out-fall sewer.

7. The certificate of the Engineer of the Corporation as to the cost of
the construction of such out-fall sewer shall be final and conclusive evidence
of the amount of such cost, and the certificate of the Treasurer as to any
other sum of money due by the Company to the Corporation shall be final
and conclusive evidence of the amount of such sum.

8. The Company shall indemnify and save harmless the Corporation of
and from all actions, causes of action, claims and demands of any kind
whatsoever arising out of this agreement to the same extent as the Company
is obligated to indemnify the Corporation against actions, causes of action,
claims and demands arising out ot the said agreement dated the 21st day of
May, 1927, and the bond given b\' the Company to the Corporation under
the provisions of the said agreement shall be so drawn that it guarantees
payment to the Corporation of any sum becoming due to the Corporation
under this agreement in addition to any sums becoming due under the
said agreement dated the 21st day of May, 1927.

9. In the event of the Corporation deeming it necessary to secure
legislation for the purpose of validating this agreement or any proceeding
taken thereunder, the Company shall pay to the Corporation all expense
incurred by the Corporation in procuring such legislation.

10. It is expressly understood and agreed by and between the Company'
and the Corporation that except as herein expressly provided nothing

herein contained shall be deemed to relieve the Company from the obliga-
tion to construct and complete the sewage disposal plant and the svstem
of sewers referred to in the said agreement dated the 21st day of May.
1927, in accordance with the provisions of the said agreement nor shall
anything herein be construed as relieving the Company from any other
obligation whatsoever contained in the said agreement; and it is hereby
declared that notwithstanding anvthing herein contained it is the intention
of the Company and the Corporation that the Company shall bear the
total cost of the construction and erection of the sewage disposal plant and
system of sewers referred to in the said agreement dated the 21st day of
May, 1927, and that the Corporation shall not bear any portion of the
cost of the construction of such sewage disposal plant and system of
sewers.

In Witness Whereof the parties hereto have hereunto affixed their
corporate seals under the hands of the proper officers in that behalf.

Signed, Sealed and
Delivered

In the presence of:

Armour Estates Limited,

RoBT. M. Yeomans, [seal]

Vice-President.
Frederick Nelson,

Secretary -Treasurer.

Township of North York.
Wm. W. Anderson,

Reeve. |seal|

H. D. Goode,

Clerk.

SCHEDULE "C."

OF THE First Part,

This Agreement made in duplicate the Fifth day of December, One
Thousand nine hundred and twenty-seven;

Between

Armour Estates Limited

hereinafter called the Company

— and —

The Corporation ok the Township ok North York,

hereinafter called the Corporation

OF the Second Part.

Whereas the Company and the Corporation have entered into two
agreements bearing date the twenty-first da\' of May, 1927, and the
seventeenth day of October, 1927, hereinafter called the Agreements
(copies of which are hereto attached) regarding the construction of a
sewage disposal plant and a system of sewers to serve the lands laid out b\-
Plans Numbers 1841, 239.S and 2430 filed in the Registry Office for the
Registry Division of the East and West Riding of the County of York;

And whereas under the terms of the Agreements the Company was to
furnish the Corporation with a Bond in the sum of One hundred thousand
dollars ($100,000.00) guaranteeing the due performance by the Compan\
of the Agreements;

And whereas the Company has found it ciiffi.cult to secure a Bond for
One hundred thousand dollars in accordance with the terms of the Agree-
ments, and has requested the Corporation to accept the three Bonds for

?>1

Twenty thousand dollars, Thirty thousand dollars and Fifty thousand
dollars respectively hereinafter provided for in lieu of the said Bond for
One hundred thousand dollars, and the Corporation has agreed to comply
with such request;

Therefore this Agreement witnesseth that in consideration of the
premises and the covenants herein contained and the sum of One dollar
now paid by the Corporation to the Company it is agreed by and between
the Company and the Corporation as follows: —

1. In lieu of the Bond in the sum of One hundred thousand dollars
referred to in the Agreements the Company will furnish to the Corporation
the following Bonds of a Surety Company, whose bonds are accepted by
the courts of Ontario as security: —

(a) A bond in the sum of Twenty thousand dollars guaranteeing that
the Company will indemnify and save harmless and keep indemnified and
saved harmless the Corporation of and from all actions, causes of action,
claims or demands of any kind whatsoever arising directly or indirectly
from injuries to persons or property resulting from the construction of
any of the work referred to in the Agreements on any street, highway, lane
or other lands owned or controlled by the Corporation.

* (b) A bond in the sum of Thirty thousand dollars guaranteeing the
due performance by the Company of the work referred to in the Agree-
ments.

(c) A bond in the sum of Fifty thousand dollars guaranteeing that
the Company will indemnify and save harmless and keep indemnified
and saved harmless the Corporation of and from all actions, causes of
actions, claims or demands of anj^ kind whatsoever arising directly or
indirectly out of the construction and maintenance of the work referred
to in the Agreements, and which said actions, causes of actions, claims or
demands are not specifically covered by the Bonds for Twenty thousand
dollars and Thirty thousand dollars hereinbefore provided for, and also
guaranteeing payment by the Company to the Corporation of any sum
or sums of money to which the Corporation may become entitled by
virtue of the Agreements or either of them, and which said sums of money
are not specifically covered by the said Bonds for Twenty thousand dollars
and Thirty thousand dollars.

The said Bonds shall be in a form approved of by the Solicitors for
the Corporation.

2. The Corporation will accept the Bonds referred to in Paragraph
One hereof in lieu of the Bond for One hundred thousand dollars referred
to in the Agreements.

3. It is expressly understood and agreed by and between the Company
and the Corporation that nothing herein contained shall in any way limit
or restrict the obligation of the Company to completely perform the
Agreements and to indemnify and save harmless and keep indemnified
and saved harmless the Corporation of and from all actions, causes of action,
claims or demands of any kind whatsoever resulting directly or indirectly
from the construction and operation of the works referred to in the Agree-
ments.

In witness whereof the parties hereto have hereunto affixed their
corporate seals under the hands of the proper officers in that behalf.

Signed, Sealed and Delivered
in the presence of:

Township of North York.
Wm. W. Anderson, Reeve.
H. D. GooDE, Clerk.

(seal)

Armour Estates, Limited.

K. F. MacLaren, President.

Frederick Nelson, Secretary.
[ [seal]

?N tJ ^

3* 2. po

to <^ ^

s ?

Cm N) HA

3 a CO

D. g. rf

133 JO ^

fD fC (T

P P P

0< Q. D*

5' 5' 5'

QfQ org CfQ

vO \o "O

to N) to

00 00 00

3
>

O Q

i-t fD

C- 03

00 ^•

' p"

Ma 32.

1928.

BILL

An Act respecting the Township of North York. >

WHEREAS the corporation of the township of North ^■"eambie.
York has by its petition prayed for special legislation
in regard to the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:- —

1. This Act may be cited as The Township of North For^ Short title.
Act, 1928. ' ,:

2. By-law Number 434 of the township of North York, Sy-i|^
passed by the council on the 28th day of February, 1927, to borrowing
authorize the borrowing of $3,415 upon debentures to pay for certain °^
the construction of certain watermains in Water Area Number i^^^atTr'*"^
Three of the said township, is hereby confirmed and declared ^'i^rmedf '
to be legal, valid and binding upon the corporation of the i
township of North York and upon the property liable for any

rate or assessment imposed by or under the authority of the
said by-law.

3. By-law Numbei 435 of the township of North York, gy^^H^

passed by the council on the 28th day of February, 1927, toloijowing

authorize the borrowing of $7,410 on debentures to pay for certain
, . - . • • 117 A TVT 1 water mains

the construction of certam water mams m Water Area Number in water
Four of the said township, is hereby confirmed and declared conflrmed. "
to be legal, valid and binding upon the corporation of the
township of North York and upon the property liable for
any rate or assessment imposed by or under the authority of
the said by-law.

4. By-law Number 520 of the township of North York, By-law
passed by the council on the 16th day of January, 1928, to borrowing
authorize the borrowing of $17,525 upon debentures to pay construction
for the construction of a bridge on Donino Avenue in the said conflrnfed
township of North York, is hereby confirmed and declared

to be legal, valid and binding upon the corporation of the

SCHEDULE "A."
This Agreement made in duplicate this 21st day of May, A.D. 1927.

Between:

Armour Estates Limited,

hereinafter called the Company

OF the First Part:
— and —

The Corporation of the Township of North York,

hereinafter called the Corporation,

OF THE Second Part:

And Whereas the said Company is desirous of constructing a sewage
disposal plant and a system of sewers of sufficient capacity to adequately
serve the buildings that are now or mav hereafter be erected on the lands
laid out by the said Plans Numbers 1841, 2395 and 2430.

And Whereas the said Company has offered to construct such sewage
disposal plant and system of sewers at its own expense and has agreed that
such sewage disposal plant and system of sewers shall be constructed in
accordance with plans, profiles and specifications satisfactory to the
Engineer of the Corporation hereinafter called the "Engineer" and under
the supervision of such Engineer;

2. The Company shall not commence the construction of an> of the
works referred to in this agreement until the plans, profiles and speci-
fications thereof have been approved by the Engineer and such approval
has been reported to and has been accepted by the Council of the said
Corporation.

3. The Company before commencing the construction of any of the
works referred to in this agreement shall at its own expenses, secure the
approval of the Minister of Health, or the Department of Health and the
Board of Health of the Township of North York, and of any other authority
or person whose consent is necessary to the plans, profiles and specifications
of such works and of the location of any sewage disposal plant to be con-
structed under the provisions of this agreement and shall before the
commencement of the construction of such works, file with the Clerk of
the Corporation, certificates from the Minister of Health or the Depart-^

ment of Health and the Board of Health of the Township of North York
and any other authority whose approval or consent is required, showing
that such approval or consent has been obtained.

4. The Corporation, upon the approval by the Engineer of the plans,
profiles and specifications and upon the Company filing with the Clerk
the certificates referred to in the next preceding paragraph hereof, will
grant to the Company permission to enter upon the streets laid out by
the saia Plans Numbers 1841, 2395 and 2430, and to construct and lay
down a system of sewers of sufficient capacity to adequately serve the
buildings now erected or which may hereafter oe erected on the lands laid
out by the said Plans Numbers 1841, 2395 and 2430, and the Corporation
will further grant permission to the Company to construct and erect a
suitable sewage disposal plant of sufficient capacity to adequately serve
such buildings at the location indicated on the copy of said Plan Number
1841 hereto attached, or at such other location as may be agreed upon by
the Company and the Corporation with the approval of the Minister of
Health or the Department of Health, and the Board of Health of the
Township of North York, and of any other authority whose approval is
necessary for the construction of such sewage disposal plant. -

5. The Company hereby covenants to indemnify and save harmless the
Corporation of and from all actions, causes of action, claims and demands
of any kind whatsoever for compensation or damages to persons or property
arising directly or indirectly from the construction of such sewage disposal
plant and sewers on any street under the provisions of this agreement or
from the operation and maintenance of such plant or sewers and before
commencing the construction of any work hereunder will deposit with the
Clerk of the said Corporation the bond of a surety Company whose bonds
are acceptable as security in the Courts of the Province of Ontario in the
amount of $100,000.00 and in a form approved by the Solicitor for the
Corporation guaranteeing the completion of all the works referred to iu
this agreement in accordance with the provisions of this agreement and
further guaranteeing the payment by the Company to the Corporation of
all amounts for which the Company may be or become liable to the
Corporation hereunder.

7. The Company shall completely erect, construct and lay down all the
works referred to in this agreement including the sewage disposal plant
and sewers on all the streets shown on the said Plans Numbers 1841, 2395
and 2430, in accordance with the provisions of this agreement within
three years after the commencement of the construction of the said works.

9. All the works referred to in this agreement shall be constructed by
the Company under the supervision of the Engineer and during the cohf
struction of such works the Engineer may, if he deems it advisable emplo)'
an Inspector to oversee the construction of such works and the Company

11. It is further agreed by and between the Companv and the Corpora-
tion that the said works shall when taken over by the Corporation be
absolutely free from every encumbrance of any kind whatsoever except
the cost of the future operation, maintenance, extension and repair of the
said sewers and sewage disposal plant. And it is further agreed that the
cost of the operation, maintenance, extension and repair of the said sewers
and sewage disposal plant may be levied by a special rate on all the rate-
able property on the said Plans Numbers 1841, 2395 and 2430, and that
the lands laid out by the said Plans shall be deemed to be a Sewerage
System Area under the provisions of the Township of North York Act,
1926, over which the said special rate may be imposed and levied.

12. Until the said sewage disposal plant and system of sewers shall
:have been taken over by the Corporation the Company shall operate the
said sewage disposal plant in such manner as to cause the least possible
annoyance and damage to the owners and occupants of lands in the
vicinity of such sewage disposal plant and shall keep the sewers constructed
iinder the provisions of this agreement open and free from all obstruction
whatsoever.

13. It is understood that the said sewage disposal plant shall be an
activated sludge plant of the most modern type and so constructed that
there shall be no offensive odours arising from it.

14. The Company shall further pay to the Corporation the usual fees
charged by the Engineer for approving the plans, profiles and specifica-
tions and supervising the work and also shall pay all legal expenses that
jnay be incurred in connection with the preparation of this agreement and
the carrying out of the provisions hereof and in the event of it being
necessary to secure legislation for the purpose of validating this agreement
or any proceeding taken hereunder the Company shall pay to the Corpora-
tion all expenses incurred by the Corporation in procuring such legislation.

15. It is expressly understood and agreed by and between the Company
and the Corporation that all sewers constructed under the provisions of
this agreement shall be used exclusively for the purpose of carrying sewage
and roof and cellar drainage from the buildings now erected or which
mi/ tijrairter bi ere^tel oi the lands laid out by said Plans Numbers
1841, 2395 and 2430 and shall not be used as storm sewers or for the purpose
of surface drainage.

t6. It is .further understood and agreed by and between the Company
jmd the Corporation that the Corporation shall not be under any obligation
to take over the works referred to in this agreement until it is absolutely
satisfied that the said works are completed in a proper and workmanlike
manner and in accordance with the provisions of this agreement and form
B system of sufficient capacity to adequately serve the buildings now
erected or which may hereafter be erected upon the lands laid out by the
3Kiid Plans Numbers 1841, 2395 and 2430, and to properly dispose of all
sewage that may arise from such buildings.

In Witness Whereof the parties hereto have hereunto affixed their
Corporate Seals under the hands of the proper officers in that behalf.

Signed, Sealed and
Delivered

In the presence of:

[seal]

Armour Estates Limited.
K. F. MacLaren, President.
Frederick Nelson, Secretary-Treasurer.

Township of North York
Wm. W. Anderson, Reeve.
H. D. Goode, Clerk.

[seal]

of the First Part,

SCHEDULE "B."

This Agreement made in duplicate the seventeenth day of October,
1927;

Between:

Armour Estates Limited,

hereinafter called the Company

— and —

The Corporation of the Township of North York,

hereinafter called the Corporation

of the Second Part.

And Whereas for the purpose of completing the said sewage disposal
plant it is necessary to construct an out-fall sewer from the said plant to
the west branch of the River Don;

And Whereas the Company has been unable to secure the necessary
easement under or through the lands between the proposed location of the'
said plant and the west branch of the River Don for the purpose of con-
structing the said out-fall sewer and has requested the Corporation to
secure the said easement;

under the lands lying between the proposed location of the said plant and
the west branch of the Don River for the purpose of constructing and main-
taining the out-fall sewer required to carry the efifluent from such sewage
disposal plant to the said west branch of the Don River.

3. Such out-fail sewer shall be placed in the location in which it may be
most economically constructed. The Engineer of the Corporation shall,
subject to the approval of the Minister of Health or the Department of
Health and the Board of Health of the Township of North York determine
the exact location of such out-fall sewer and in determining such location,
the Engineer shall take into consideration the cost of acquiring the neces-
sary easement as well as the actual cost of constructing the said out-fall
sewer, and any other factor which the said Engineer may consider neces-
sary.

5. (1) In the event of the Corporation deeming it advisable so to do
the said Corporation may take over the said se\*-age disposal plant from
the Company when the same is complete, except as to such out-fall sewer,
and may construct the said out-fall sewer as an undertaking of the said
Corporation, but at the expense of the Compan\'. Before commencing
the construction of the said out-fall sewer the Corporation shall submit
to the Company a copy of the Engineer) 's report showing the estimated
cost of the construction of such out -fall sewer.

8. The Company shall indemnify and save harmless the Corporation of
and from all actions, causes of action, claims and demands of any kind
whatsoever arising out of this agreement to the same extent as the Company
is obligated to indemnify the Corporation against actions, causes of action,
claims and demands arising out of the said agreement dated the 21st day of
May, 1927, and the bond given by the Company to the Corporation under
the provisions of the said agreement shall be so drawn that it guarantees
payment to the Corporation of any sum becoming due to the Corporation
under this agreement in addition to any sums becoming due under the
said agreement dated the 21st day of May, 1927.

10. It is expressly understood and agreed by and between the Company
and the Corporation that except as herein expressly provided nothing

herein contained shall be deemed to relieve the Company from the obliga-
tion to construct and complete the sewage disposal plant and the system
of sewers referred to in the said agreement dated the 21st day of May,
1927, in accordance with the provisions of the said agreement nor shall
anything herein l3e construed as relieving the Company from any other
obligation whatsoever contained in the said agreement; and it is hereby
declared that notwithstanding anything herein contained it is the intention
of the Company and the Corporation that the Company shall bear the
total cost of the construction and erection of the sewage disposal plant and
system of sewers referred to in the said agreement dated the 21st day of
May, 1927, and that the Corporation shall not bear any portion of the
cx)st of the construction of such sewage disposal plant and system of

In Witness Whereof the parties hereto have hereunto affixed their
corporate seals under the hands of the proper officers in that behalf.

Signed, Sealed and
Delivered

In the presence of:

Armour Estates Limited,

RoBT. M. Yeomans, [seal]

Vice-President.
Frederick Nelson,

Secretary-Treasurer.

Township of North York,
Wm. W. Anderson,

Reeve. [seal]

H. D. Goode,
Clerk.

of the First Part,

SCHEDULE "C."

This Agreement made in duplicate the Fifth day of December, One
Thousand nine hundred and twenty-seven ;

Between

Armour Estates Limited

hereinafter called the Company

— and —

The Corporation of the Township of North York,

hereinafter called the Corporation

of the Second Part.

Whereas the Company and the Corporation have entered into two
agreements bearing date the twenty-first day of May, 1927, and the
seventeenth day of October, 1927, hereinafter called the Agreements
(copies of which are hereto attached) regarding the construction of a
sewage disposal plant and a system of sewers to serve the lands laid out by
Plans Numbers 1841, 2395 and 2430 filed in the Registry Ofiice for the
Registry Division of the East and West Riding of the County of York;

And whereas the Company has found it difficult to secure a Bond for
One hundred thousand dollars in accordance with the terms of the Agree-
ments, and has requested the Corporation to accept the three Bonds for

(b) A bond in the sum of Thirty thousand dollars guaranteeing the
due performance by the Company of the work referred to in the Agree-
ments.

(c) A bond in the sum of Fifty thousand dollars guaranteeing that
the Company will indemnify and save harmless and keep indemnified
and saved harmless the Corporation of and from all actions, causes of
actions, claims or demands of any kind whatsoever arising directly or
indirectly out of the construction and maintenance of the work referred
to in the Agreements, and which said actions, causes of actions, claims or
demands are not specifically covered by the Bonds for Twenty thousand
dollars and Thirty thousand dollars hereinbefore provided for, and also
guaranteeing payment by the Company to the Corporation of any sum
or sums of money to which the Corporation may become entitled by
virtue of the Agreements or either of them, and which said sums of money
are not specifically covered by the said Bonds for Twenty thousand dollars
and Thirty thousand dollars.

The said Bonds shall be in a form approved of by the Solicitors for
the Corporation.

2. The Corporation will accept the Bonds referred to in Paragraph
One hereof in lieu of the Bond for One hundred thousand dollars referred
to in the Agreements.

In witness whereof the parties hereto have hereunto affixed their
corporate seals under the hands of the proper ofTlcers in that behalf.

Signed, Sealed and Delivered
in the presence of:

Township of North York.
Wm. W. Anderson, Reeve.
H. D. GooDE, Clerk.

(seal)

Armour Estates, Limited.
K. F. MacLaren, President.
Frederick Nelson, Secretary.
[seal]

25 13

"n_

0*1,

to*

«<

fi-

?4-

?i.

<s>.

«».

a>
cr

c c

<-•■ j»
p- §•

I—' -
to

3
>

o o

•-t rt-

<-*■ :z' CO

=r 3

■-t ft

o C

fD 5J
> 0

No. 33.

1928.

BILL

An Act to incorporate a part of the Township of
Crowland as the Township of East Crowland.

WHEREAS George Richings, G. A. Biggar, Charles Preamble.
Awrey, W. B. Biggar and William S. H. MacDonagh,
and other persons, inhabitants and ratepayers of that part
of the township of Crowland in the county of Welland, lying
north and east of a line hereinafter more particularly described,
have by petition represented that the said part of the said
township of Crowland is largely rural in character, and
occupied almost altogether for farming purposes, while that
part lying to the south and west of the said hereinafter more
particularly described line, is almost entirely urban in its
character and thickly -populated, and requires a different
municipal administration from that required by the northern
and eastern part of the said township; and whereas in view
of such conditions, the said petitioners have prayed that an
Act be passed separating the said district lying north and
east of the hereinafter more particularly described line, and
incorporating it as the township of East Crowland; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of East Crowland^^^^^ <^it'®-
Act, 1928.

2. — (1) It shall be the duty of the corporation of the Question of
township of Crowland within five weeks after the day onlubmSsion~
which this section comes into force to submit to the municipal *° electors,
electors in that part of the township of Crowland lying north
and east of a line particularly described as follows: Com-
mencing at the point where the northerly limit of the fourth
concession of said township intersects the easterly margin
of the Welland river; thence easterly along the northerly
limit of said fourth concession to the line between township
lots numbers 21 and 22 in said concession; thence southerly
along said last mentioned line to the southerly boundary of
lands included in a plan of Rosedale, registered in the Registry
Office for said county as number 23 for said township; thence

westerly following the southerly limit of the lands in said
plan number 23 to an angle in said lands; thence southerly
along the easterly limit of the lands in said plan to an angle
in said lands; thence westerly following the southerly limit
of lands in said plan to an angle in said lands; thence southerly
along the easterly limit of lands in said plan to th6 centre
line of the allowance for road between the fourth and fifth
concessions of said township; thence easterly along the
centre line of the last mentioned road allowance to the
northerly production of the easterly limit of township lot
number 22 in said fift;h concession; thence southerly to and
along said last mentioned limit and its southerly production
to the centre line of the allowance for road between con-
cessions numbers 5 and 6; thence easterly along the centre
line of the last mentioned road allowance to the northerly
production of the centre line of the road allowance between
township lots numbers 20 and 21 in said sixth concession;
thence southerly to and along said last mentioned centre
line to a point in the westerly production of the northerly
limit of lands included in a plan of Iron City Addition,
registered in the Registry Office for said county as plan
number 26; thence easterly to and along said last mentioned
limit to the line between township lots numbers 19 and 20
in the sixth concession of said township; thence sou^erly
along said last mentioned line and its southerly production
to the centre line of Lyons creek ; thence southwesterly along
the centre line of Lyons creek to the town line road between
the townships of Crowland and Humberstone, the following
question,

"Are you in favour of the incorporation of the
eastern and northern part of the township of Crow-
land as set out in the Act of the Legislature of
Ontario passed in 1928, as the township of East
Crowland?"

Polling sub- (2) The polling subdivisions shall be the same, as nearly
as may be, as at the last municipal election, and t;hat part
of any polling subdivision which lies north and east of the
«^ line hereinbefore particularly described shall for the purpose

of the vote be deemed a polling subdivision, and when a
polling subdivision is so divided, the clerk of ^he township
shall strike off the list the names of all voters not qualified
to vote in that part of the polling subdivision lying north
and east of such hereinbefore described line. The clerk of
the township of Crowland shall be the returning officer for
the taking of the said vote and the voters' list for the year
1927 as finally revised shall be the list used in the preparation
of the voters' list for the taking of the said vote.

o/Revfs^tat. (3) The provisions of The Municipal Act shall apply to
°- ^^^- the taking of the said vote.

(4) This section shall come into force on the clay upon ^°'^^^^^*^'-
which this Act receives the Royal Assent. eeotion.

3. If a majority of those voting vote in the affirmative in ^f*rJ*uft*^(Jf*
answer to the question submitted according to the declaration vote upon
of the result by the clerk of the township of Crowland, the
following sections of this Act shall come into force on the day
following such declaration. The declaration shall be made

not later than noon of the Tuesday following the taking of
the said vote.

4. The inhabitants of that part of the township of Crowland Jj^*JJ'''p°™"
lying east and north of the hereinbefore particularly described

line are hereby constituted a corporation or body politic,
separate and apart from the township of Crowland under the
name of the "Corporation of the Township of East Crowland"
and as such shall enjoy all the rights and privileges and be
subject to all the duties and liabilities appertaining to in-
corporated townships, and the said part of the township of
Crowland lying north and east of the hereinbefore particularly
described line is hereby detached from the township of Crow-
land and shall form a separate and independent township.

5. — (1) The provisions of The Municipal Act as to matters Adjustment

^, ^. f • • , y.' £ of assets and

consequent on the separation of a junior township trom a liabilities.
union of townships, including the adjustment of assets, debts, Rev. stat..
arrears of taxes, contracts and liabilities shall apply except, — °- ^^^^

(a) All matters in dispute between the two corporations
shall be determined by the Railway and Municipal
Board ; and

{b) The taxes for the year 1928 on the rateable property
in the township of East Crowland shall be levied
by and belong to the township of East Crowland,
and the said township of East Crowland shall pay
over to the township of Crowland such portion of
taxes collected in 1928 as may be fixed and deter-
mined by the Railway and Municipal Board. The
expenditures and liabilities for. the year 1928 shall
be considered by the said board in determining the
amount payable to the township of Crowland.

(2) The said board for the purpose of this Act shall be Arbitration,
deemed to be the arbitrator appointed under The Municipal

Act and the award of the board shall be final and conclusive
and without appeal.

(3) For the purpose of this section, the township of Crow-S^^Yortcmn.
land shall be deemed to be the senior township and thesbips.
township of East Crowland, the junior township.

Appoint- Q_ — (1) xhe clerk of the township of Crowland (or the

returning acting clerk of such township for the time being) is hereby

appointed returning ofBcer for the first election in the town-

^ip of East Crowland.

Nomination
meeting.

Notice
of day of
polling.

(2) A meeting of the electors for the nomination of candi-
dates for reeve and councillors for the township of East
Crowland shall be held at 12 o'clock noon on the second
Saturday following the declaration of the result of the vote
on the question at the Crowland Township Hall at Cook's
Mills in the township of East Crowland, of which nomination
the returning officer shall give six days' notice by posting
the same up in at least six conspicuous places in the township
of East Crowland and^the polling, in case a poll is required,
shall be held on the qext Saturday after such nomination.

Procedure at (3) yhg returning officer shall preside at the nomination

nomination ^^ ri-i 11 111

meeting. meeting, and in case of his absence the electors present shall
choose from among themselves a chairman to preside at the
said nomination, and such chairman shall have all the powers
of a returning officer, and the returning officer or chairman
shall at the close of the nomination announce the polling
places for the said election.

Polling sub-
divisions.

(4) The polling subdivisions shall be the same as at the
vote on the question.

Application
of-

Rev Stat (^) Except* as herein otherwise provided, the provisions of
233.* The Municipal Act shall apply as if the election were being

held under that Act.

?f ^council, '^- The said returning officer, by his warrant, shall appoint
oFdepifty^"* a deputy returning officer for each of the polling subdivisions,
offlce^s"^ and such returning officer and each deputy returning officer
shall, before the holding of the said election, take the oath
or affirmation required by law, and shall be subject to all
the provisions of The Municipal Act applicable to returning
officers at elections in townships in so far as the same do not
conflict w4th this Act, and the said returning officer shall
have all the powers and perform all the duties devolving on
township clerks with respect to the election in townships.

First

meeting of
council.

Number of
councillors.

8. The first meeting of the council of the township of East
Crowland shall be held in the Crowland Township Hall, at
Cook's Mills in the township of East Crowland at 10 o'clock
in the forenoon on the Saturday next following the polling,
and if no polling is required, then on the Saturday next
following the day of nomination.

9. At the first election the council of the township of East
Crowland shall consist of a reeve and four councillors, and

at the next annual election and thereafter, the number of
deputy reeves
Municipal Act.

deputy reeves and councillors shall be determined by TAeRev stat..

10. The provisions of section 196 of The Assessment ^c^ Application
relating to the collection of arrears of taxes on land and the^f ^e^^^g°^
sale of land for arrears of taxes shall apply to the township ^-1^1 and
of East Crowland as if the township of East Crowland were Acts,
specially named therein and the provisions of all special

Acts of this Legislature relating to the township of Crowland
in so far as they are applicable, shall apply to and be in force
in the township of East Crowland.

11. The township of Crowland shall furnish the council ^/[||e|

of the township of East Crowland with a full and complete |^^Ji^^[;^^°'-
list of all lands in arrear for taxes at the time of the coming

in force of this Act, and the reeve and the treasurer of the
township of East Crowland shall perform the like duties in
the collection and management of the taxes at present in
arrear as are performed by the said officers in the township
of Crowland. The reeve and officers of the township of
Crowland shall have full power and authority to make deeds
for lands heretofore sold by the treasurer of the township of
Crowland for taxes, if such lands are not redeemed, and to
do all acts necessary or expedient to complete the sales of
lands or the redemption of same in as full a manner as if this
Act had not been passed.

12. The assessment roll when completed by the assessors As|®^sment
of the township of Crowland for the year 1928, so far as the to apply,
same affects property within the limits of the said township

of East Crowland shall be valid to all intents and purposes
as if the said assessors had been appointed by-t^e council
of the township of East Crowland and the township of Crow-
land shall furnish the council of the township of East Crow-
land for the organization of the said township of East Crow-
land, a true and complete copy of the said assessment roll if
the same has then been completed or as soon as possible
after the same has been completed, and the council of the
township of East Crowland shall be the Court of Revision
to hear any appeals which may be made against the said
assessment and any appeals that may have been made to the
township of Crowland shall be deemed to have been made
to the township of East Crowland.

13. For the purpose of providing moneys which may be j|^bentur©s
required for the payment of any debt which may be found duet^^jP^^^
or owing by the township of East Crowland to the township of adjuat-
of Crowland, the municipal council of the township of East
Crowland may issue debentures payable within a period not

exceeding twenty years and bearing such rate of interest as
may be determined by the said council to pay such debt,
and it shall not be necessary to obtain the assent of the electors
to any ^>y-law for the issuing of such debentures.

of^Act*** 14. All expenses incurred in obtaining this Act, including

the expenses and charges incurred in submitting the question
provided by section 1, the furnishing of any documents,
copies of papers, writings, deeds, the remuneration of the
township clerk of Crowland for services under this Act or
any matter whatsoever required by the clerk or other officer
of the said township of East Crowland, or otherwise, shall be
borne by the said township of East Crowland and paid by it
to any person entitled thereto.

'33

n H

2 °- ^

o O* J

K
>
5!

1 1

>— '

Act

ship

to incorp

of Crow

of E;

•^

^ r* o

n 3

Cfi P s
f-*- 3 3

o -

^ a ^

H- «

QTQ H-

«>

O (T)

ro -^t

3 ^ f"

«».

^_,

art of the
he Town
land.

00 cn^
• P

h-*

1 ^

1-^

Cfi

-o

^ H

No. 34. 1928.

BILL

An Act respecting the Township of York.

WHEREAS the corporation of the township of York has Preamble,
by its petition prayed for special legislation in regard
to the matters hereinafter set forth; and whereas it is ex-
pedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with t^he advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of York ^d, short titi«.
1928.

2. Section 3 of an Act passed in 1924, chaptered 140, JmeAded *^*
intituled An Act respecting the Township of York, is amended

by striking out subsection 3 of said section 3 and substituting
therefor the following:

(3) The nomination of candidates for deputy reeve and
councillor in the wards shall be held at the same time
and place as nominations for reeve. There shall be
prepared one set of ballot papers for all polling sub-
divisions, containing l^e names of the candidates for
reeve, one set containing the names of candidates for
deputy reeve, and a third set containing the names
of the candidates for councillor^ for each ward.
The form of ballot papers shall mutatis mutandis be ^^^ ^^^^^
according to form 3 of The Municipal Act. c- 233.

3. — (1) The council of the corporation of the township of Election
York may pass a by-law providing that the election of public school "°
school trustees for each public school section in the township baifot.^^ ^^
of York shall be held by ballot on the same day as the muni-
cipal councillors are elected.

(2) Where such by-law is passed such election shall there- Procedure at
after be held at the same time and place and by the same public"^ °^
returning officer or officers and conducted in the same manner t?u8t°ees.
as the municipal nominations and elections of councillors, and

Rev. Stat.
c. 233.

the provisions of The Municipal Act, respecting the manner
of holding elections, including the mode of receiving nomina-
tions for office and the resignation of persons nominated, and
vacancies shall mutatis mutandis apply to the elections.

Ballot
papers.

(3) A separate set of ballot papers shall be prepared by the
clerk of the municipality for each of the polling subdivisions
in each public school section containing the names of the
candidates in the same form mutatis mutandis as those used
for councillors and no ballot shall be delivered to any person
who is entered on the list of voters as a separate school
supporter.

Voters'
lists.

(4) The voters' list to be used shall be that as finally
revised by the county judge for use at the municipal election
and shall contain a separate column showing opposite each
elector's name the school section in respect of which he is
entitled to vote in the election of trustees. The county judge
in revising the list of voters shall be entitled to correct any
error which may appear in respect of the school section in
which the elector is entitled to vote. In any polling sub-
division which contains electors in two or more school sections
the deputy returning officer shall be supplied with a sufficient
number of ballots containing the names of candidates in each
of said school sections and each elector shall be entitled only
to a ballot containing the names of the candidates for trustee
in the school section marked opposite the elector's name.

meeting*^^" (5) A meeting of the electors of every public school section
for the nomination of candidates for the office of trustee shall
be held annually on the same day on which nominations for
councillors is held, at the hour of 8 o'clock in the evening at
such place as the board of trustees shall by resolution determine
or in the absence of such resolution at the school house of the
section. The secretary or secretary-treasurer (or if such
office is vacant such person as may be appointed by resolution
of the board of trustees) shall be the returning officer to hold
the nominations for each school section. The said returning
officer shall forthwith after the nominations make the returns
thereof for their respective sections to the township clerk or
such person as may be the returning officer for the whole
municipality.

Annual
meeting.

Rev. Stat.
c. 323.

(6) The annual meeting of the elect^ors as required by
section 66 of The Public Schools Act, for the purpose of trans-
acting the business as therein provided (except the election of
trustees) shall be held at the same time and place as the
meeting for the nomination of candidates instead of on the
last Wednesday in December.

(7) In the case of union school sections which contain part^^^j^^'j
of an adjoining township, such part of the adjoining township sections,
shall be considered for the purpose of the election of school
trustees as part of the township of York. The clerk of the
adjoining township shall furnish to the^lerk of the township

of York a certified copy of so much of the revised voters' list
of the said adjoining township as contains the names of
electors qualified to vote in that portion of the union school
section lying within the said adjoining township and such
persons shall be entitled to vote in the election of trustees for
such union school section.

(8) The first meeting of each board of public school trustees First
elected by ballot as herein provided shall be held on the second bcmrd^^ ^
Wednesday in January of the year for which the trustees are
elected, at the hour of 8 o'clock in the evening when the

board shall be organized by the election of a chairman, a
secretary and a treasurer or a secretary-treasurer.

(9) The provisions of this section shall not apply to or Application

^,. ^ . , . . . , , . of section

anect any union school section except a union school section only where
in which the school house thereof is, situated within thelituate
limits of the township of York. township.

(10) All the provisions of The Public Schools Act, or any AppUcat|on^
other statutes relating to rural school sections shall continue c. 323, and
to apply to the said school sections except where inconsistent
herewith.

(11) Any by-laws for the purposes mentioned in this By-law to
section shall be passed not later in the year than the first day not later
of November and shall take effect at and for the purpose of the November
next and each succeeding annual election. ■'"®**

4. — (1) The council of the corporation of the township ofF°J®i"n
York may by by-law define any section or area of the township flre areas,
of York as a fire area and may from time to time by by-law
enlarge, extend or otherwise alter the boundaries of any such
fire area and may combine two or more fire areas or the whole
or any part of the township into one fire area.

(2) No by-law which provides for the alteration of the Approval of
boundaries of any fire area or which combines two or moreBoard*^
fire areas or parts of the township into one fire area shall
come into force and effect unless and until approved by the
Railway and Municipal Board and such by-law shall be
subject to such conditions and terms as to the adjustment
of assets and liabilities and otherwise as may be imposed by
the said board whose decision shall be final and without
appeal.

Power (3) The council of the corporation of the township of York

provisions may by by-law provide for, —

respecting
Are areas.

(a) The election of a board of three trustees for each
defined fire area of the township;

(b) The time and manner of holding the elections, and

if deemed advisable may provide that the elections
may be held at the same time and place and in the
same manner as nearly as may be possible as elections
of members of council ;

(d) Filling vacancies in each board ;
. (e) The election of an auditor;

(/) The appointment of a second auditor by the board;

(g) The dut;ies of such auditors;

(Ji) The appointment of a secretary and treasurer or a
secretary-treasurer of the board who may be a
member of the board and the appointment of such
• other persons to the staff as may be deemed neces-
sary:

(i) The terms and conditions on which fire protection
shall be extended to other areas of the township and
to adjoining municipalities;

(j) Such other provisions and regulations for the adminis-
tration and good government of the fire areas as
may be deemed advisable.

oflfre'^board. (4) The board of trustees in each fire area may by by-law
fix the time and place of its meetings, the mode of calling and
conducting the same and provide for keeping a correct record
of its proceedings and of the receipts and expenditures of the
^ board. All meetings of the board of trustees shall be open

^ to the public and any ratepayer of the fire area shall be

entitled to inspect the minutes of the board.

m«nt.

and^e^QuTp- (5) The board of trustees of a fire area shall have power to
purchase land and to erect a fire hall thereon and to purchase
fire engines and other equipment and appliances for fire
protection for the use and benefit of any such fire area. The
title and ownership of any such land, fire hall, fire engines,
equipment and appliances and other assets shall be in the

«iT;«-

corporation of the township of York but the board of trustees
of the fire area shall have the care, control and management
of the same.

(6) No land or fire engines shall be purchased, any fire hall ratepayers'^
erected or any capital expenditure be made for equipment and purchase
appliances or otherwise amounting to more than $200 in

any one year nor shall any application be made to the council
to levy for the cost thereof, until the same shall have been
first sanctioned by the ratepayers in the fire area in the same
manner mutatis mutandis as the sanction of ratepayers is
required to be obtained for the issue of debentures in a rural
school section under the provisions of The Public Schools ^<^^-^^323^***'

(7) On the application of the board of trustees of a fire Special rate
area the council shall levy a special rate to meet the cost of ceed two
such land, fire hall, fire engines, equipment and appliances™'''^"

or any of them. The special rate shall be levied on ajl the
rateable property in such fire area in one or two years as
council may think proper; but the rate shall not exceed in
any one year two mills in the dollar on the assessed value of
the rateable property in such fire area.

(8) The council of the corporation of the township of Special rate
York shall in each year levy by a special rate on all the tenance and
rateable property in each fire area such sum not exceeding '^®^^^'^'
one mill on the assessed value of the rateable property in

such fire area as the board of trustees for the fire area may
require by resolution in writing and forwarded to the clerk
of the municipality on or before the 15th day of February in
each year, to meet the cost of maintenance and repair of such
fire hall, fire engines, equipment and appliances and the cost
of paying and insuring men and all expenses necessarily
incurred in connection with providing fire protection for such
fire area.

(9) The board of trustees of each fire area shall be em- f^^^f^^ ^'^
powered to authorize the expenditure of monies for the pur- treasurer,
poses mentioned in subsections 5 and 8 and upon receipt of
vouchers certified for payment by the board of trustees,

the treasurer of the township of York shall pay such amounts
out of the monies levied and collected in such fire area for the
purpose of meeting the cost of the same under the provisions '

of this section.

(10) The treasurer of the corporation of the township of Provision for
York is hereby authorized out of the monies levied and col-disburse-
lected for the purposes authorized by subsection 8 of this"^^" ^
section to advance monthly to the treasurer of each board of
trustees such amounts that the said treasurer may have in

his hands at any one time a sum not exceeding $200, to be
used in making petty cash disbursements for such fire area,
provided, however, that the board of trustees shall forward
monthly to the treasurer of the township of York receipted
vouchers duly certified by the board of trustees for all petty
cash payments made in the preceding month.

Volunteer
and paid
firemen.

(11) The board of trustees in each fire area shall have
authority to appoint such volunteer and paid firemen, includ-
ing fire chief, as may be deemed necessary and to insure the
firemen; and shall make all proper and reasonable provision
for fire protection in their respective areas.

Liability of
' trustees
for un-
authorized
expenditure.

(12) The members of the board of trustees of any fire area
which makes any contract or expenditure not authorized by
this section, or for an amount beyond that for which the
council is authorized to levy by special rate under the pro-
visions of this section shall be jointly and severally liable
therefor ; provided that any trustee present at a meeting when
any such contract or expenditure is made, forthwith, or if
any trustee then absent, within twenty-four hours after he
has become aware thereof and able so to do, enters his written
protest against the same, and within eight days thereafter
causes such protest to be notified by registered letter to the
clerk of the township of York, such trustee may thereby, and
not otherwise, exonerate himself from liability.

Qualification
to vote in
election of
trustees.

(13) Any person shall be entitled to vote in the election
of fire trustees or at a meeting of ratepayers called by the
board of trustees who is a ratepayer in the fire area and is
also qualified to vote at municipal elections in the township
of York.

1922, c. 139,
s. 2, and
1926, c. 108.
s. 2,
repealed.

?f"tra2teei°'' (14) The persons qualified to be elected fire trustees shall
be such persons as are resident ratepayers in the fire area and
are also qualified to be elected to the council of the township
of York.

(15) Section 2 of an Act passed in 1922, chaptered 139,
intituled An Act respecting the Township of York, and section
2 of an Act passed in 1926, chaptered 108, intituled An Act
respecting the Township of York, are hereby repealed.

ment o*f°oo'st 5. — (1) The Corporation of the township of York may
terfngdeben- charge and recover from any municipal corporation which
tare debt. pj-j^^ to the first day of January, 1922, formed part of the.
corporation of the township of York and has since or may
hereafter form or be erected into a separate municipality,
the annual cost of administering the debenture debt of any
such municipality, from the date of separation from the

township of York, and so long as any part of the debenture
debt of such municipality continues to be administered by
the corporation of the township of York.

(2) Any dispute as to the liability of any municipal cor- petermina-
poration under this section shall be determined by the Railway dispute by
and Municipal Board, whose decision shall be final, con- Board?^
elusive, and without appeal.

6. — (1) All sales of lands within the municipality of the Jax sales
township of York made prior to the 3 1st day of December,
1926, which purport to have been made by the corporation
of the said township or the treasurer thereof for arrears of
taxes in respect of the lands so sold are hereby validated and
confirmed and all conveyances of lands so sold executed by
the reeve and treasurer of the said corporation purporting to
convey the lands so sold to the purchaser thereof or his, her
or their assigns or the corporation of the township of York
are hereby validated and confirmed and shall have the effect
of vesting the lands so sold or conveyed or purporting to be
so sold or conveyed in the purchaser thereof or his, her or
their assigns or in the said corporation and its successors and
assigns as the case may be, in fee simple, free and clear of
and from all right, title and interest whatsoever of the owner
or owners thereof at the time of such sale or his, her or their
assigns and all charges and encumbrances thereon and dower
therein, except taxes accrued or accruing since those for non-
payment of which the said lands were sold.

(2) Nothing in this section contained shall affect any Pending
action or litigation now pending, but the same may be pro- ' '^^ ^°"'
ceeded with, and finally adjudicated upon in the same manner
and as fully and effectually as if this Act had not been passed.

7. By-law No. 9424 passed by the council of the corporation By-iaws
of the township of York on the 19th day of December, 1927, and '8372
being a by-law to amend By-law No. 8372 passed on the^^' ^ ® "
22nd day of February, 1926, is hereby ratified and confirmed

and declared to be legal, valid and binding upon the said
corporation and the ratepayers thereof.

8. By-law No. 0000 passed by the council of the corporation By-iaw
of the township of York on the OOnd day of February, 1928, vaUdTted.
providing for the construction of a twelve inch watermain

in the village of Forest Hill for the benefit of Waterworks
Section "A" is hereby ratified and confirmed, and declared to
be legal, valid and binding upon the said Corporation and the
ratepayers thereof.

9. This Act shall come into force on the day upon which Commence-

, _ , . J f ment of

It receives the Royal Assent. Act.

5' 'V

H
O

09 3. ^

"'SO

§2.2:
w o

CkJ KJ I-'

"t 3 Cfi

a. p, ft-

?C !73 ?0

O (V Cb

p p p

CL CL CL

5* 5* 5*

crq CfQ CfQ

vo O O
KJ N3 N3

00 00 00

a>
o

ft)

H
o

C/5

1— '

(Ji

rt»

i-t

crq

1— '

(T>

■<r

c-t-

1— '
tvi

No. 34.

1928.

BILL

An Act respecting the Township of York.

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of York .4c/, short title.
1928.

2. Section 3 of an Act passed in 1924, chaptered 140, amende/.^^'
intituled An Act respecting the Township of York, is amended

by striking out subsection 3 of said section 3 and substituting
therefor the following:

(3) The nomination of candidates for deputy reeve and
councillor in the wards shall be held at the same time
and place as nominations for reeve. There shall be
prepared one set of ballot papers for all polling sub-
divisions, containing t^e names of the candidates for
reeve, one set containing the names of candidates for
deputy reeve, and a third set containing the names
of the candidates for councillor, for each ward.
The form of ballot papers shall mutatis mutandis be ^^^ ^^.j^^.
according to form 3 of The Municipal Act. °- 233.

3. — (1) The council of the corporation of the township of Election
York may pass a by-law providing that the election of public school' ^
school trustees for each public school section in the township baifot.^^ ^^
of York shall be held by ballot on the same day as the muni-
cipal councillors are elected.

l^"(2) After such by-law has been passed subsections 3 to 10 Prooeduro at
of this section shall apply and^^J such election shall there- public"^ *^
after be held at the same time arid place and by the samet^ust^ees.
returning officer or officers and conducted in the same manner

Rev. Stat,
c. 233.

as the municipal nominations and elections of councillors, and
the provisions of The Municipal Act, respecting the manner
of holding elections, including the mode of receiving nomina-
tions for office and the resignation of persons nominated, and
vacancies shall mutatis mutandis apply to the elections.

Ballot
papers.

Voters*
lists.

(4) The voters' list to be used shall be that as finally
revised by the county judge for use at the municipal election
and shall contain a separate column showing opposite each
elector's name the school section in respect of which he is
entitled to vote in the election of trustees. The county judge
in| revising the voters' list shall be entitled to correct any
error which may appear in respect of the school section in
which the elector is entitled to vote. In any polling sub-
division which contains electors in two or more school sections
the deputy returning officer shall be supplied with a sufficient
number of ballots containing the names of candidates in each
of said school sections and each elector shall be entitled only
to a ballot containing the names of the candidates for trustee
in the school section marked opposite the elector's name.

Nomination
meeting.

Annual
meeting.

Rev. Stat.,
o. 323.

(5) A meeting of the electors of every public school section
for the nomination of candidates for the office of trustee shall
be held annually on the same day on which the meeting for the
nomination of candidates for councillors is held, at the hour of
8 o'clock in the evening at such place as the board of trustees
shall by resolution determine or in the absence of such resolu-
tion at the school house of the section. The secretary or
secretary-treasurer (or if such office is vacant such person
as may be appointed by resolution of the board of trustees)
shall be the returning officer to hold the nominations for each
school section. The said returning officers shall forthwith
after the nominations make the returns thereof for their
respective sections to the township clerk or such person as
may be the returning officer for the whole municipality.

(6) The annual meeting of the electprs as required by
section 66 of The Public Schools Act, for the purpose of trans-
acting the business as therein provided (except the election of
trustees) shall be held at the same time and place as the
meeting for the nomination of candidates instead of on the
last Wednesday in December.

(7) In the case of union school sections which contain part^^lJ^Ji
of an adjoining township, such part of the adjoining township sections.
shall be considered for the purpose of the election of school
trustees as part of the township of York. The clerk of the
adjoining township shall furnish to the clerk of the township

(8) The first meeting of each board of public school trustees First
shall be held on the second Wednesday in January of the year board!'^ °
for which the trustees are elected, at the hour of 8 o'clock in

the evening when the board shall be organized by the election
of a chairman, a secretary and a treasurer or a secretary-
treasurer.

(9) The provHons of this section shall not apply to or App^^P.**^^'^

„ . , , . . 1 , . of section

aiiect any union school section except a union school section only where
in which the school house thereof is situated within the situate
limits of the township of York. township.

(10) All the provisions of The Public Schools Act, or any Application
other statutes relating to rural school sections shall continue c. ^ITand^**
to apply to the said school sections except where inconsistent °*^®'" '^°*^*
herewith.

(11) Any by-law for the purposes mentioned in this section By-iaw to
shall be passed not later in the year than the first day of not later
November and shall take effect at and for the purpose of the November
next and each succeeding annual election. ^®**

L By-law number 9424 passed by the council of theg^;^|^24.
corporation of the township of York on the 19th day of°°"fl^"^«^-
December, 1927, being a by-law to amend by-law number
8372 passed on the 22nd day of February, 1926, to provide
that all maintenance charges payable to the city of Toronto
under any agreement made with the said city by the corpora-
tion of the township of York or by the individual owners of
land in respect of sewers connected with the city of Toronto
sewerage system shall be raised by a special rate on all the
rateable property in the township sewer area, is hereby
ratified and confirmed and declared to be legal, valid and
binding upon the said corporation and the ratepayers thereof.

5. By-law number 9046 of the municipal corporation of the no*^9046,
township of York passed on the 20th day of April, 1927, to''^"^''"^®'*-
provide for the borrowing of $12,177.62 by the issue of
debentures to pay for the widening and extension of certain

streets in the township of York and the debentures issued or
to be issued thereunder are hereby ratified and confirmed,
and declared to be legal, valid and binding upon the said
corporation and the ratepayers thereof.

By-law
No. 9047,
confirmed.

6. By-law number 9047 of the municipal corporation of
the township of York passed on the 28th day of April, 1927,
to provide for the borrowing of $14,579.95 by the issue of
debentures to pay for the construction and widening of
Humewood Drive in the township of York and the debentures
issued or to be issued thereunder are hereby ratified and
confirmed, and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof.

By-law
No. 9129,
confirmed.

By-law
No. 9180,
confirmed.

By-law

N0..9483,

eonflrmed.

7. By-law number 9129 of the municipal corporation of
the township of York passed on the 31st day of May, 1927,
to provide for the borrowing of $5,785.73 by the issue of
debentures to pay for the area's portion of the cost of the
construction of certain sewers in St. Clair sewerage area
number 2 in the township of York and the debentures issued
or to be issued thereunder are hereby ratified and confirmed,
and declared to be legal, valid and binding upon the said
corporation and the ratepayers thereof.

8. By-law number 9180 of the municipal corporation of
the township of York passed on the 27th day of June, 1927,
to provide for the borrowing of $33,375.70 by the issue of
debentures to pay for the cost of the construction of a pave-
ment on Lambton Avenue in the township of York and the
debentures issued or to be issued thereunder are hereby
ratified and confirmed, and declared to be legal, valid and
binding upon the said corporation and the ratepayers thereof.

9. — (1) Subject to subsection 2, by-law number 9483 of
the municipal corporation of the township of York passed on
the 20th day of February, 1928, to provide for the borrowing
of $30,000 by the issue of debentures to pay for the cost of the
construction of additions to the sewage disposal works near
RockclifTe Boulevard In the township of York and the deben-
tures issued or to be issued thereunder are hereby ratified and
confirmed, and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof.

Application I^=°(2) Subsection 1 shall not affect any application now

to quash not !• i • i i i . , ^^ , , , ,,

affected. pending or which may be made prior to the 20th day of May,
1928, to quash the said by-law but any such application may
be proceeded with and adjudicated upon in all respects as if
subsection 1 had not been passed.

Commence-
ment of
Act.

10. This Act shall come into force on the day upon which
it receives the Royal Assent.

5' y

QfQ '1

"' ^'

ss.

o _.

•-t

ei-

§.

H- »

'SI.
0^5

>
>

crq

rt-
ft>

H
o

r
r

QfQ
fD

No. 35.

1928.

BILL

An Act respecting The Grand Trunk Pacific
Development Company, Limited.

WHEREAS The Grand Trunk Pacific Development Preamble.
Company, Limited, has, by petition, prayed for special
legislation as hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Grand Trunk Pacij^c short titi«.
Development Company Act, 1928.

2. — (1) No road allowance along the shore of the Kaminis- Declaration
tikwia River in front of the property patented to John Mc- reservation
Kellar by the Crown as represented by the Province of aiiow^a*noe.
Ontario on the 7th day of May, 1875, and registered in the
Registry Office for the registry division of the district of
Thunder Bay in Book 2 for unsurveyed territory on the 13th
day of August, 1875, as Number 238, was intended to be or
was reserved by the said patent.

(2) The only road allowance intended to be reserved or^ipad

1 • 1 111-1 f allowance

which was reserved by the said patent was what was after- reserved,
wards known as Front Street.

3. All road allowances, highways, streets and lanes hereto- pertain

. . ...,.,, 1 r 1 highways in

fore existing or now existing within the boundary of the city of Fort
following lands, in the city of Fort William, in the district of declared
Thunder Bay and Province of Ontario (being a portion of the ves^t^dln
lands covered by the above patent), namely: Bounded on *^'''^^^"^'
the south by the northerly limit of Duncan Street, as shown
on a plan registered as Number 1389 in the Registry Office
for the registry division of t;he district of Fort William; on
the west by the easterly limit of the right-of-way of the
Canadian Pacific Railway ; on the east by the shore of the left
bank of the Kaministikwia River; and on the north by the
northerly limit, the easterly limit and the easterly production

of the southerly limit, of the land described in a deed from
John McKellar to Victoria McVicar, dated the 21st day of
August, 1883, and registered in the Registry Office for the
district of Thunder Bay as Number 46, for the township of
Neebing additional, on the 22nd day of August, 1883; are
hereby stopped up and closed and vested in The Grand Trunk
Pacific Development Company, Limited, in fee simple, free
from encumbrances except municipal taxes and rates which
may be owing in respect thereof.

ment"of"°^' ^' This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

..^^

n H

»r S o

PI o
2.

C/)

OJ to H-'

3 P 03

a- Q, ri-

^ P3 ^

o n n

P P P

CL 0- D-

3 3 3

crq ffp crp

">«

«>.

«3

«-*.

0»

\0 VO *0
to ro to

00 00 00

fD '^

■< "^

fc fg

•Jl> C/3

O "O

xj 2

3 &

5 3"

O o'

pi Crq

(T> 3

TheGr
Comp

C30

O -

1— «

Oft? H-k

fD ^I

p P

.5 =5

oo 2L

^ a.

t«. "-t

5. 3

' P

s- P^

•-1

ft»

0- ^TJ

No. 35.

1928.

BILL

An Act respecting The Grand Trunk Pacific
Development Company, Limited.

°1¥7HEREAS the Grand Trunk Pacific Development Preamble
VV Company, Limited, has by its petition represented
that in an original grant from the Crown to John McKellar
of lands in the township of Neebing, in the district of Fort
William, dated the 7th day of May, 1875, there is reservation
of a road allowance along the bank of the Kaministiquia
River; and whereas this reservation has never been used as
a travelled road; and whereas the city of Fort William by
by-law closed the road allowance along the Kaministiquia
River as far as West Fort William but expressly exempted
the lands covered by the patent above referred to; and
whereas a road known as Front Street was established across
the said lands and was used by the public; and whereas no
public demand exists for the opening of the road allowance
referred to in the said patent as is evidenced by the by-law
of the city of Fort William above referred to and the resolu-
tion passed by the municipal council of the city of Fort
William on the 30th day of December, 1927, consenting to
the passage of legislation for the purpose contemplated
by this Act; and whereas no injustice to anyone will be done
by stopping up and closing said road allowance; and whereas
the Grand Trunk Pacific Development Company, Limited,
has by its petition prayed that an Act may be passed for
such purpose; and whereas it is expedient to grant the prayer
of the said petition;'

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Grand Trunk Pacific short title
Development Company Act, 1928.

2. — (1) No road allowance along the shore of the Kaminis- Declaration
tiquia River in front of the property patented to John Mc- reservation
Kellar by the Crown as represented by the Province ofaUow^lice.
Ontario on the 7th day of May, 1875, and registered in the

Registry Office for the registry division of the district of
Thunder Bay in Book 2 for unsurveyed territory on the 13th
day of August, 1875, as Number 238, was intended to be or
was reserved by the said patent.

Road (2) The only road allowance intended to be reserved or

reserved. which was reserved by the said patent was what was after-
wards known as Front Street.

Certain 3. All road allowances, highways, streets and lanes hereto-

highways in . . ..■:..,. , ^ ,

City of Fort tore existing or now existing within the boundary of the
declared following lands, in the city of Fort William, in the district of
vested In Thunder Bay and Province of Ontario (being a portion of the
company. lands covered by the above patent), namely: Bounded on
the south by the northerly limit of Duncan Street, as shown
on a plan registered as Number 1389 in the Registry Office
for the registry division of the district of Fort William; on
the west by the easterly limit of the right-of-way of the
Canadian Pacific Railway ; on the east by the shore of the left
bank of the Kaministiquia River; and on the north by the
northerly limit, the easterly limit and the easterly production
of the southerly limit, of the land described in a deed from
John McKellar to Victoria McVicar, dated the 21st day of
August, 1883, and registered in the Registry Office for the
district of Thunder Bay as Number 46, for the township of
Neebing additional, on the 22nd day of August, 1883; are
hereby stopped up and closed and vested in The Grand Trunk
Pacific Development Company, Limited, in fee simple, free
from encumbrances except municipal taxes and rates which
may be owing in respect thereof.

Commence- 4. This Act shall come into force on the day upon which
ment of 1 « •> r-

Act. it receives the Royal Assent,

n H
oT 2. o

C/)

H- k

B-.

T3 n

ba^

1 ft

g:-§

5 F

BILL.

g The Gran
It Compan

8i=
•-t

2 ?ft

Orq i-»

S ?s

■-i

(Ti ^J

•

1 ^

th Legisl
V, 1928

P "^

l_a.

^ ^

^. "-t

5. 3

r+ ^

■3

H- »

K- '

n ^

a ^

■*

<>v

' p

«i

o
o

No. 36.

1928.

BILL

An Act respecting the Roman Catholic Separate
School of the Town of Rockland.

WHEREAS the Board of Trustees of the Roman Catholic Preamble.
Separate School for the town of Rockland has by its
petition shown that it appointed in 1903 the Reverend P. S.
Hudon as its Secretary-Treasurer and maintained him in
that oflfice until 1924, when he resigned; and whereas the
said Reverend P. S. Hudon advanced out of his own funds to
the said Board, between the years 1904 and 1924, diverse sums,
and he now claims that the said advances exceed the sum
of $6,000; and whereas the said Board acknowledges some
moral indebtedness to the said Reverend P. S, Hudon, but
is advised that if it satisfied the said claim, personal Hability
might attach to its members; and whereas the said Board by
its petition has prayed that an Act may be passed authorizing
it to pass by-laws as is hereinafter set out; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assenibly of the Province of Ontario,
enacts as follows:

1. The Board of Trustees of the Roman Catholic Separate ^a"y^ciaim of
School for the town of Rockland may, notwithstanding the Hudon" ^"
provisions of The Limitations Act and of section 107 of The
Separate Schools Act, and without the members thereof cc. ioe, 328.
incurring personal liability therefor, pass by-laws as it deems
advisable

{a) to pay in whole or in part the claim of the said
Reverend P. S. Hudon;

ib) for the ])urpose of satisfying the said claim to issue
debentures, subject to The Separate Schools Act, in
an amount not exceeding $5,000.

2. This Act shall come into force on the day upon which ment"o1-"°^'
it receives the Royal Assent. -^°*-

>-i

^.^

3 n.

^, 3

Oi" <?

S°-

12;

O O*
en ^

t»

o
r

tNi

Pi-

(A5

C/5
fD

>
O

5d <^ 2".

o
o

O orq

^. nr
3 rD

3
p

n
p

3*
O

I— H

r
r

No. 37. 1928.

BILL

An Act respecting the Congregation of St. Andrew's
Presbyterian Church of Canada, Owen Sound.

WHEREAS the congregation of the Continuing Presby- Preamble.
terian Church at Owen Sound not connected with the
United Church of Canada, now known as St. Andrew's
Presbyterian Church, Owen Sound, have by their petition
represented that on the vote on the question of the union of
the Presbyterian, Methodist and Congregational Churches in
Canada, the proposal for union carried in the two former
Presbyterian Churches at Owen Sound, namely: the Division
Street Presbyterian Church and the Knox Presbyterian
Church; about two-thirds of the members voting for union
and the remaining one-third against union; and whereas the
minority of the said two last mentioned congregations claiming
a one-third ownership in the said two church properties,
applied to the Ontario Church Property Commission for
compensation and relief under The United Church of Canada
Act, being chapter 125 of the Statutes of 1925, and the Com-
mission recommended that the said minority be given either
the church property of the former Division Street Presby-
terian Church, Knox Presbyterian Church, or the property
of the former First Methodist Church in Owen Sound, subject
only to the payment of $20,000 but the said recommendation
has not been carried out but has been ignored by the said
churches and no compen.sation or relief has been received by
the said non-concurring minority who now comprise the
major portion of the congregation of the said St. Andrew's
Presbyterian Church at Owen Sound; and whereas the said
petitioners have by their petition prayed that an Act may be
passed granting to them a reasonable sum of money as com-
pensation for their right, title and interest in said two church
properties, the amount thereof to be fixed as hereinafter
provided and to be paid to them by the congregations of said
two former Presbyterian Churches now members of the United
Church of Canada; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore, His Majesty, by and with the advice anfj
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: — /

Short title. 1. This Act may be cited as The Owen Sound St. Andrew's
Presbyterian Church Act, 1928.

Payment
over of one-

?t. Andrew's.

2. There shall be paid by the congregations of the former
third value Division Street Presbyterian Church and Knox Presbyterian
ro^erj;y to Church, Owen Sound, or by the trustees of the church,
corporation or body in which title to said church properties
is now vested, to the trustees of St. Andrew's Presbyterian
Church at Owen Sound, a sum of money equal to one-third
the value as of June 10th, 1925, of all the church property of
the said former Division Street Presbyterian Church and
Knox Presbyterian Church at Owen Sound, after deducting
encumbrances and debts outstanding on the 10th of June,
1925.

Determina-
tion by
Judge in
case of
failure to
agree.

Rev. Stat.
p. 20.

3. In the case of failure of the congregations to agree within
three months from the date on which this Act comes into
force upon the value of the said one-third equity in the pro-
perty of the said two churches, and the time or terms of pay-
ment thereof and the apportionment of such amount as
between the said two churches, the same shall be referred to
and determined by His Honor Charles Tyrrell Sutherland,
Judge of the county court of the county of Grey, whose
decision thereon shall be final, and for the purposes of this
Act, he shall have all the powers which may be conferred on a
Commissioner appointed under The Public Inquiries Act and
may fix a time for hearing the parties, the length of notice of
hearing and all other matters and procedure necessary to a
decision of the matters herel^y referred to him.

Enforce-
ment of
order of
Judge.

4. Any order of the said judge or commissioner certified
under his hand may be filed in the ofiice of the Local Registrar
of the Supreme Court at Owen Sound and shall thereupon
become and be enforceable as a judgment or order of the
Supreme Court of Ontario to the same effect, and shall be
enforceable by execution against the church properties of
the said two former Presbyterian Churches at Owen Sound
whether the same be vested in the said two local congregations
of the now United Church of Canada or in The United Church
of Canada or otherwise.

Commence- 5 This Act shall come into force on the day upon which

ment of Act. •' '^

it receives the Royal Assent.

5»* _J

n T

3 2.^

„ jj O

2 ^ ^

en v^ T

en
n

»-i
w

r >

n
o >^

-*> P n
^ D- n>

3 ^ s

^ a'

s! <^ ST

=^ 5n
^5'§

2 5

crq

2 n f*

p . \ ■'(Mn

n o
sr 3

O O

^ I

No. 38.

1928.

BILL

An Act respecting the Town of Colling wood.

WHEREAS the corporation of the town of ColHngwood Preamble,
has by its petition represented that by-law number
1042 has been submitted to the electors of the corporation
duly qualified to vote thereon in accordance with the provi-
sions of The Municipal Act; and that of the electors who
voted on the said by-law, 1,171 voted in favour thereof and
10 voted against the said by-law; and that the said by-law
was subsequently passed by the affirmative vote of three-
fourths of all the members of the council of said corporation ;
and whereas the corporation has by its said petition prayed
that the said by-law should be validated and confirmed ; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of ColHngwood Act, ^^'"'^ '**'«•
1928.

2. By-law number 1042 of the corporation of the town of By-iaw No.
ColHngwood and the agreement dated the eleventh day of firmed.
January, 1928, between the said corporation and one Henry

Isaac Price connected therewith, both of which are set forth
in schedule "1" hereto, are hereby ratified and confirmed
and declared to be legal, valid and binding upon said
corporation and the ratepayers thereof and upon the said
Henry Isaac Price, his executors, administrators and assigns.'

3. The said corporation may purchase or lease and pay Power to
for a site for the elevator mentioned in said agreement in orf^ase site ^'
upon ColHngwood harbour and may convey or transfer the convey.
same to the said Henry Isaac Price or his assigns. Such site

when acquired shall constitute the lands referred to in para-
graph one of said agreement and the cost thereof shall form
part of the price of said elevator mentioned in paragraph ten
of said agreement.

Provision
for any
excess of
cost over
$800,000.

Name of
company.

By-law No.
1042 and
debentures
confirmed.

Commence-
ment of Act.

4. The total cost of said elevator, in excess of $800,000,
if any, shall be paid and borne by the said Henry Isaac Price
or his assigns.

5. The name of the company to be formed pursuant to
said agreement shall be Collingwood Terminals Limited, or
such other name as the Lieutenant-Governor in Council may
approve of.

6. The debentures issued or to be issued under the pro-
visions of said by-law number 1042 are hereby ratified and
confirmed and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof; and the said
corporation, the said Henry Isaac Price and the Elevator
Company referred to in said agreement when incorporated
are and each of them is hereby authorized and empowered
to enter into all agreements, execute all documents and to do
all acts and things necessary or convenient for the fulfillment
and proper carrying out of said by-law and agreement.

7. This Act shall come into force on the day upon which it
receives the Royal Assent.

SCHEDULE "1"

By-Law Number 1042 of the Town of Collingwood

A By-law to provide for the borrowing of $800,000.00 upon Debentures,
to pay for the erection and equipment of a Grain Elevator, and all other
costs and expenses in connection therewith and incidental thereto, and to
confirm a certain Agreement, dated the Eleventh day of January, A.D.
1928, made between the Municipal Corporation of the Town of Colling-
wood, and one Henry Isaac Price, of the City of Toronto, in the County
of York, Gentleman, in connection therewith.

Whereas it is desirable and expedient to erect a Grain Elevator in the
Town of Collingwood, as provided by The Consolidated Municipal Act,
1922, Ontario Statutes, Chapter 72, Section 398, Paragraph 24, as amended
by 1924 Statutes, Chapter 53, Section 8.

And whereas it is desirable and expedient to confirm a certain Agree-
ment dated the Eleventh day of January, A.D. 1928, between the Muni-
cipal Corporation of the Town of Collingwood, and Henry Isaac Price
of the City of Toronto, in the County of York, Gentleman, for the sale
of the said Grain Elevator, in accordance with the terms of the said
Agreement, which Agreement is hereunto annexed as Schedule "A."

And whereas the Municipal Council of the Town of Collingwood has
approved of the said Agreement.

And whereas for the said purpose, it is necessary to borrow the sum of
1,000.00 on the credit of the Corporation, and to issue Debentures,
payable within twenty-five years from the time of the issue thereof, and
bearing interest at the rate of five per cent, per annum, payable half-
yearly, which is the amount of the debt intended to be created by this
By-law, the proceeds of the said Debentures to be applied to the said
purpose, and to no other.

And whereas $56,761.96 is the total amount required to be raised
annually by a special rate for the term of twenty-five years for the payment
of the said debt and interest thereon at the rate of five per cent, per annum,
payable half-yearly, according to the terms of this By-law.

And whereas it is expedient that the principal of said debt shall be
repayable in yearly sums during the period of twenty-five years, on such
amounts respectively, that the aggregate amount payable for principal and
interest in any year shall be equal as nearly as possible, to the amount so
payable for principal and interest in each of the other years.

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last revised assessment roll is $4,263,807.00.

And whereas the amount of the existing Debenture debt of the Cor-
poration (exclusive of Local Improvement Debts), secured by Special
Rates or Assessments, is the sum of $375,652.65 and no part of the principal
or interest is in arrears.

And whereas it is expedient to authorize, ratify and confirm the said
.Agreement hereinbefore recited.

Therefore the Municipal Council of the Town of Collingwood enacts
as follows:—

1. That for the purpose aforesaid, it shall be lawful for the Municipal
Council of the Town of Collingwood, to borrow on the credit of the Cor-
poration at large, the sum of $800,000.00 and Debentures shall be issued
therefor in sums of not less than One Hundred Dollars each bearing
interest at the rate of five per cent, per annum, payable half-yearly,
computed from the date of the issue, and have coupons attached for the
payment of interest.

2. That the Debentures shall all bear the same date and shall be issued
within two years after the date on which this By-law is passed and may
bear any date within such two years and shall be payable in twenty-five
annual instalments, during the twenty-five years next after the time when
the same are issued, and the respective amounts of principal and interest
payable in each of such years, shall be as follows: —

Year

Principal

1 v$16,761 96

2 17,600 06

3 18,480 06

4 19,404 07

5 20,374 27

6 21,392 99

7 22,462 64

8 23,585 77

9 24,765 06

10 26,003 31

11 27,303 48

12 28,668 65

13 30,102 08

14 31,607 19

15 33,187 54

16 34,846 92

17 36,589 27

18 38,418 74

19 40,339 67

20 42,356 66

21 44,474 49

22 46,698 21

23 49,033 12

24 51,484 77

25 54,059 02

Interest

$40,000 00
39,161 90
38,281 90
37,357 89
36,387 69
35,368 97
34,299 32
33,176 19
31,996 90
30,758 65
29,458 48
28,093 31
26,659 88
25,154 77
23,574 42
21,915 04
20,172 69
18,343 22
16,422 29
14,405 30
12,287 47
10,063 75
7,728 84
5,277 19
2,702 94

Total

§56,761 96

56,761 96

$800,000 00 $619,049 00 $1,419,049 00

3. The Debentures as to both principal and interest may be expressed
in Canadian Currency or Sterling Money of Great Britain, at the rateof
One Pound Sterling for each Four Dollars and eighty-six and two-third
cents, and may be payable at any place or places in Canada or Great
Britain.

4. The Mayor and Treasurer of the Corporation shall sign and issue
the Debentures and the Treasurer shall sign the interest coupons and the
Debentures shall be sealed with the seal of the Corporation, and the
Treasurer's signature ma>- be printed, stamped, lithographed or engrave<l
upon the said coupons.

5. During the twenty-five years, the currency of the said debt and
Debentures, there shall be raised, assessed and levied yearly by special
rate, sufficient therefor, on all the rateable property- in the Municipality,
a sum sufficient to discharge the several instalments of principal ami
interest accruing due on the said Debentures as the same become respec-
tively payable, according to the provisions of this By-law.

6. All moneys raised from the said special rates or from the commuta-
tion thereof not immediately required for the payment of the interest
shall be invested as required by law.

7. The Debentures ma\' contain aii> clause providing for the regis-
tration thereof, authorized by any Statute relating to Municipal Deben-
tures in force at the time of the issue thereof.

The execution of the said Agreement on behalf of the Corporation of
the Town of Collingwood, is hereby authorized, ratified and confirmed
and the said Agreement is hereby incorporated in this By-law and shall
be read and confirmed as part thereof.

This By-law shall come into force and take effect in\niecliately upon
the final passing thereof.

Provisionally passed this Eleventh day of January, A.D. 1928.

Finally passed this , day of , A.D. 1928.

Mayor.
Clerk.

SCHEDULE "A" TO BY-LAW NUMBER 1042

Memorandum of Agreement made this Eleventh day of January,
A.D. 1928.

Between:

The Corporation of the Town of Collingwood,
hereinafter called the Corporation,

of the first part,
— and —

Henry Isaac Price, of the City of Toronto, in the
County of York, Gentleman, hereinafter called the
Purchaser,

of the second part,

Whereas to facilitate the transportation of Grain from the West to
the Seaboard by way of the Great Lakes, and for Local Trade, facilities
for the transhipment and temporary storage of grain are required at the
Port of Collingwood.

And whereas the Corporation is authorized under the Provisions of
Paragraph 24 of Section 398 of The Consolidated Municipal Act, 1922, as
amended by Section 8 of Chapter 53 of 14 George V.'to erect, maintain
and operate Grain Elevators for discharging or loading vessels.

And whereas the said Corporation, in order to provide said facilities
at the Port of Collingwood, are willing to construct a Grain Elevator.

And whereas the said Purchaser agrees to form a Company, under
the name of Collingwood Elevator Company, Limited, or such other
name as the Lieutenant-Governor in Council may approve of (hereinafter
called the "Elevator Company"), with a subscribed capital of not less
than $250,000.00 which will agree to purchase the said Elevator from the
said Corporation, upon completion thereof, and thereafter to operate to
the greatest possibility of the Grain Trade and maintain the same on the
terms and conditions hereinafter set forth.

Now this indenture witnesseth that in consideration of the premises
and the stipulations and covenants herein on the part of the said Parties
severally contained, the said Parties hereby covenant, promise and agree
each with the other of them, as follows: —

1. The said Corporation shall, subject to provisions hereinafter con-
tained, erect a Grain Elevator of modern design and substantial concrete
construction, with a storage capacity of not less than 2,000,000 bushels
of grain on the following lands, namely — As per Schedule "A" attached —
which said lands the said Corporation shall endeavour to acquire, on terms
satisfactory to the Purchaser, from the Canadian National Railway, or
some other site agreeable to the Purchaser and the Corporation within
the limits of the said Town.

2. Plans and specifications of the said Elevator shall be submitted to
a Committee of six persons, three of whom shall be appointed by the

Corporation, and three by the Purchaser, with power to substitute from
time to time, and the said plans and specifications shall be approved and
accepted by said Committee or a majority of them, before the construction
shall be proceeded with, under this Agreement, including any alterations
made thereafter.

3. The said Elevator shall be built in a good substantial and workman-
like manner, under the supervision of a Competent Engineer, approved
of by the above Committee.

4. The said Elevator shall have Railway connection and proper
facilities for unloading boats and loading into railway cars, and all Rail-
ways now or thereafter entering the said Town shall have access to the
said Elevator, on reasonable terms, for the purpose of carrying grain to
and from said Elevator.

5. The said Elevator shall be provided wjth a modern marine leg,
capable of handling and unloading at least 30,000 bushels of grain per
hour, and shall be furnished with such ample plant, and machinery as
shall be necessary to operate said marine leg to its full capacity.

6. The said Elevator shall be operated as a Public Elevator

7. The charges for elevating, unloading, storing and turning of Grain,
shall not be in excess of similar charges for such services made at other
Lake Huron and Georgian Bay Ports.

8. The Purchaser agrees to maintain and operate the said Elevator for
a period of twenty-five years and make all necessary repairs to keep it
up to standard, to the satisfaction of the Corporation, and in the event
of default, the Corporation may make the repairs and charge same to the
Purchaser and on demand the cost of same shall be paid by the Purchaser.

9. The construction of the said Elevator shall be commenced as early
as possible in the Spring of 1928 and be thereafter proceeded with, with
all due diligence, the idea being to secure the final completion and operation
of the Elevator, if possible, before the close of navigation of the same year.

10. Upon satisfactory completion of the said Elevator, with the
required dockage, and trackage for all lines of Railway entering said
Town, ready for operation in all respects both by water and rail, and at
full capacity, the Corporation agrees to sell to the Purchaser and the
Purchaser agrees to p"urchase the said Elevator, at a price equal to the
total cost of construction, dockage, trackage, Insurance, brokerage, cost
of submission of By-law, cost of Special Act validating the same, and other
necessary expenditure, including interest thereon, until the Elevator is
taken over by the Purchaser, and the Purchaser thereupon agrees to
pay the Corporation the sum of $100,000.00 in cash and upon such pay-
ment, is to be put into possession of said Elevator, Trackage, Dockage and
other appurtenances thereto. The balance of the purchase money which
in no event shall exceed the sum of $800,000.00 shall be paid in instalments
at the same times and as nearly as may be in the same manner as the
moneys secured by the Debentures issued by the Corporation to secure
the funds necessary to pay for the said Elevator, are payable.

11. Should the cost of said Elevator exceed the sum of $800,000.00,
such excess shall be paid and borne by the Purchaser.

Eeriod of ten years; provided, however, that the Purchaser shall pay one-
adi of the cost of extending the Watermains, and the work in connection
therewith, from the nearest convenient hydrant;

13^ The Purchaser agrees to insure, to the satisfaction of the Cor-
poration, the said Elevator to the full insurable value, and shall deposit
the Policies with the Treasurer, of the said Corporation, with lo.ss if any,
made payable -tor the Corporation; ■ .*.,",_

; 14. Upon payment by the Purchaser of the said cash payment of
.;$IOO,000.00,-the Corporation shall and will- convey and assure, oi- cause
to%e conveyed and assured, to the Purchaser, the said Elevator and the
Ikndsand appurtenances connected therewith, by good and sufficient
deeds, conveyances, assignments and transfers, and the Purchaser shall
contemporaneously with the delivery of such deeds, conveyances, assign-
ments and transfers, deliver to the Corporation, a good and valid First
Mortgage, on the said property, securing payment of the balance of the
said purchase money, at the times and in the manner herein providetl for.

15. The Debentures to be issued by the Town shall run for a period of
twenty-five years, the interest at five per cent per annum on the said
Debentures to be payable half-yearly, and the instalment of principal
money to be paid annually and to be computed from the date of the issue
of the Debentures.

16. The said Corporation shall, by its Council as soon as possible,
procure' to be -submitted to the electors of the Municipality under the
provisions of The Municipal Act, a By-law authorizing the erection of the
said Elevator, the issue of the debentures to pay for same and the sale of
the said Elevator to the Purchaser, when completed.

17. In case said By-law is assented to by said Electors the Corporation
shall by its Council, pass the said By-law and in case the said By-law shall
not on submission receive the assent of the electors as required by The
Municipal Act, then this Agreement and said By-law shall be null and
void and of no effect.

18. The said Corporation will endeavour to procure from the Dominion
Government, all necessary dredging and harbour work for the proper
erection and operation of the said Elevator, including a ship channel from
open water to the Elevator docks and a turning basin for tne safe passage
of vessels drawing 20 feet of water.

19. The Corporation agrees to apply to the Legislature for a Special
Act authorizing and confirming the said By-law and Agreement.

20. This Agreement is conditional, on assurance satisfactory to the
Purchaser, being received that the dredging and harbour work required
in connection with said Elevator, will be performed by the Government.

21. A good and sufificient Surety Bond for the sum of $100,000.00
covering the first payment to be made, shall be furnished by the Purchaser
to the Corporation, before any expenditure on the construction. The
Purchaser further agrees to supply to the Corporation, a good and sufficient
Surety Bond, guaranteeing payment to the Corporation the sum of
$28,380.00 being one-half of the first year's principal and interest, falling
due upon the said Debentures, after the taking over of the said Elevator,
by the Purchaser or Incorporated Company.

22. It is understood and agreed by and between the Parties that in
the event of the said Company making default in any payments, then the
Incorporated Company shall cause to be elected, if so required, by the
Corporation, Two Directors upon its Board, nominated or approved by
the said Corporation.

23. In case of default by the Purchaser of any of the terms hereinbefore
mentioned of this Agreement, for the term of one year, formal notice may
be given by the Corporation to the Purchaser, of such default, and on the
expiry of sixty days thereafter, unless in the meantime the default is
remedied, the Corporation may terminate and cancel this Agreement and
the property shall revert to the Corporation.

24. It is understood and agreed that the said Purchaser shall co-operate

38 y.

wjlIj the said Corporation, in having the Construction Company enii)lo\
local labour and purchase materials and supplies from local dealers.

25. Upon the confirmation of said By-law by the Legislature the
Purchaser shall proceed to organize said Elevator Company, and upon the
Organization thereof, shall assign this Agreement to the said Elevator
Company, and thereupon this Agreement and any Agreement made
pursuant thereto, shall enure to the benefit of and be obligatory upon said
Elevator Company; and this Agreement shall be construed and read in
all respects as if the said Elevator Company had been originally a party
thereto and named as the Purchaser therein, and the Purchaser named
herein shall thereupon be free from any and all liabilities hereunder, upon
the said Incorporated Company agreeing with the said Corporation to
assume the obligations of the Purchaser, as hereinbefore set forth.

In witness whereof the said Corporation has affixed its Corporate Seal,
attested by the hands of the Mayor and Clerk, and the said Purchaser
has hereunto set his hand and seal.

Signed, Sealed and Delivered

in the presence of:
(Signed) R. E. Fair.

(Signed) J. Robins Arthur, Mayor.
(Signed) W. H. Whipps, Clerk.

(Signed) W. H. Whipps as to

signatureof H. I. Price. (Signed) H. I. Price.

(Signed) R. E. Fair.

•13

CO*

rt-

(T)

(fl

o
a

y"-^

I*.

<p^

C/)

ox*

0^3

O "O

H
o

03
I— I

No. 38. 1928.

BILL

An Act respecting the Town of Colling wood.

WHEREAS the corporation of the town of Collingwood Preamble,
has by its petition represented that by-law number
1042 has been submitted to the electors of the corporation
duly qualified to vote thereon in accordance with the provi-
sions of The Municipal Act; ond that of the electors who
voted on the said by-law, 1,171 voted in favour thereof and
10 voted against the said by-law; and that the said by-law
was subsequently passed by the affirmative vote of three-
fourths of all the members of the council of said corporation ;
and whereas the corporation has by its said petition prayed
that the said by-law should be validated and confirmed ; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town oj Collingwood Act, short title.
1928.

2. Subject to the provisions oJ this Act, by-law number 1042 fo42*^^°'
of the corporation of the town of Collingwood and the agree- flamed.
ment dated the eleventh day of January, 1928, between the

said corporation and one Henry Isaac Price connected there-
with, both of which are set forth in schedule "1" hereto, are
hereby ratified and confirmed and declared to be legal, valid
and binding upon said corporation and the ratepayers thereof
and upon the said Henry Isaac Price, his executors, adminis-
trators and assigns.

3. The said corporation may purchase or lease and P^^Y ^urchase or
for a site for the elevator mentioned in said agreement in or lease site
upon Collingwood harbour and may convey or transfer the convey,
same to the said Henry Isaac Price or his assigns. Such site

Appoint-
ment of
member on
committee.

Provision
for any-
excess of
cost over
$800,000.

Annual
payments.

Surety
bonds.

Name of
company.

-(1) The judge of the county court of the county of
Simcoe on the application of the corporation or the purchaser
may appoint an additional member of the committee men-
tioned in paragraph 2 of the said agreement.

(2) The total cost of said elevator, in excess of $800,000,
if any, shall be borne by t;he said Henry Isa^ Price or his
assigns and shall be paid to the corporation forthwith upon
the completion of the said elevator.

(3) The instalments payable to the corporation under the
provisions of paragraph 10 of the said agreement shall be
made annually and shall be equal to the amounts falling due
in each year for principal and interest in respect of the deben-
tures issued by the corporation under the authority of the
said by-law number 1042.

(4) The surety bonds mentioned in paragraph 21 of the
said agreement shall be surety bonds satisfactory to the
corporation .""^l

5. The name of the company to be formed pursuant to
said agreement shall be Collingwood Terminals Limited, or
such other name as the Lieutenant-Governor in Council may
approve of.

By-iaw^No. 6. The debentures issued or to be issued under the pro-
debentures visions of said by-law number 1042 are hereby ratified and
confirmed and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof; and the said
corporation, the said Henry Isaac Price and the Elevator
Company referred to in said agreement when incorporated
are and each of them is hereby authorized and empowered
to enter into all agreements, execute all documents and to do
all acts and things necessary or convenient for the fulfillment
and proper carrying out of said by-law and agreement.

ment'of Act '''• ^his Act shall come into force on the day upon which it
receives the Royal Assent.

]

SCHEDULE "1"

By-Law Number 1042 of the Town of Collingwood

And whereas the Municipal Council of the Town of Collingwood has
approved of the said Agreement.

And whereas for the said purpose, it is necessary to borrow the sum of
$800,000.00 on the credit of the Corporation, and to issue Debentures,
payable within twenty-five years from the time of the issue thereof, and
bearing interest at the rate of five per cent, per annum, payable half-
yearly, which is the amount of the debt intended to be created by this
By-law, the proceeds of the said Debentures to be applied to the said
purpose, and to no other.

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last revised assessment roll is $4,263,807.00.

And whereas it is expedient to authorize, ratify and confirm the said
Agreement hereinbefore recited.

Therefore the Municipal Council of the Town of Collingwood enacts
as follows: —

Year

Principal

1 $16,761 96

2 17,600 06

3 18,480 06

4 19,404 07

5 20,374 27

6... 21,392 99

7 22,462 64

8 23,585 77

9 24,765 06

10 26,003 31

11 27,303 48

12 28,668 65

13 30,102 08

14 31,607 19

IS 33,187 54

16 34,846 92

17 36,589 27

18 38,418 74

19 40,339 67

20 42,356 66

21 44,474 49

22 46,698 21

23 49,033 12

24 51,484 77

25 54,059 02

Interest

Total

$56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96
56,761 96

$800,000 00 v$619,049 00 $1,419,049 00

3. The Debentures as to both principal and interest may be expressed
in Canadian Currency or Sterling Money of Great Britain, at the rate of
One Pound Sterling for each Four Dollars and eighty-six and two-third
cents, and may be payable at any place or places in Canada or Great
Britain.

4. The Mayor and Treasurer of the Corporation shall sign and issue
the Debentures and the Treasurer shall sign the interest coupons and the
Debentures shall be sealed with the seal of the Corporation, and the
Treasurer's signature may be printed, stamped, lithographed or engraved
upon the said coupons.

5. During the twenty-five years, the currency of the said debt and
Debentures, there shall be raised, assessed and levied yearly by special
rate, sufficient therefor, on all the rateable property in the Municipality,
a sum sufficient to discharge the several instalments of principal and
interest accruing due on the said Debentures as the same become respec-
tively payable, according to the provisions of this By-law.

6. All moneys raised from the said special rates or from the commuta-
tion thereof not immediately required for the payment of the interest
shall be invested as required by law.

7. The Debentures may contain any clause providing for the regis-
tration thereof, authorized by any Statute relating to Municipal Deben-
tures in force at the time of the issue thereof.

The execution of the said Agreement on behalf of the Corporation of
the Town of CoUingwood, is hereby authorized, ratified and confijrmed
and the said Agreement is hereby incorporated in this By-law and shall
be read and confirmed as part thereof.

This By-law shall come into force and take effect immediately upon
the final passing thereof.

Provisionally passed this Eleventh day of January, A.D. 1928.

Finally passed this day of , A.D. 1928.

Mayor.

Clerk.

SCHEDULE "A" TO BY-LAW NUMBER 1042

Memorandum of Agreement made this Eleventh day of January,
A.D. 1928.

Between :

The Corporation of the Town of Collingwood,
hereinafter called the Corporation,

of the first part,
— and —

Henry Isaac Price, of the City of Toronto, in the
County of York, Gentleman, hereinafter called the
Purchaser,

of the second part.

And whereas the Corporation is authorized under the Provisions of
Paragraph 24 of Section 398 of The Consolidated Municipal Act, 1922, as
amended by Section 8 of Chapter 53 of 14 George V, to erect, maintain
and operate Grain Elevators for discharging or loading vessels.

And whereas the said Corporation, in order to provide said facilities
at the Port of Collingwood, are willing to construct a Grain Elevator.

1. The said Corporation shall, subject to provisions hereinafter con-
tained, erect a Grain Elevator of modern design and substantial concrete
construction, with a storage capacity of not less than 2,000,000 bushels
of grain on the following lands, namely — As per Schedule "A" attached —
which said lands the said Corporation shall endeavour to acquire, on terms
satisfactory' to the Purchaser, from the Canadian National Railway, or
some other site agreeable to the Purchaser and the Corporation within
the limits of the said Town.

2. Plans and specifications of the said Elevator shall be submitted to
a Committee of six persons, three of whohi shall be appointed by the

38 <..

3. The said Elevator shall be built in a good substantial and workman-
like manner, under the supervision of a Competent Engineer, approved
of by the above Committee.

5. The said Elevator shall be provided with a modern marine leg,
capable of handling and unloading at least 30,000 bushels of grain per
hour, and shall be furnished with such ample plant, and machinery as
shall be necessary to operate said marine leg to its full capacity.

6. The said Elevator shall be operated as a Public Elevator

7. The charges for elevating, unloading, storing and turning of Grain,
shall not be in excess of similar charges for such services made at other
Lake Huron and Georgian Bay Ports.

8. The Purchaser agrees to maintain arid operate the said Elevator for
a period of twenty-five years and make all necessary repairs to keep it
up to standard, to the satisfaction of the Corporation, and in the event
of default, the Corporation may make the repairs and charge same to the
Purchaser and on demand the cost of same shall be paid by the Purchaser.

10. Upon satisfactory completion of the said Elevator, with the
required dockage, and trackage for all lines of Railway entering said
Town, ready for operation in all respects both by water and rail, and at
full capacity, the Corporation agrees to sell to the Purchaser and the
Purchaser agrees to purchase the said Elevator, at a price equal to the
total cost of construction, dockage, trackage, Insurance, brokerage, cost
of submission of By-law, cost of Special Act validating the same, and other
necessary expenditure, including interest thereon, until the Elevator is
taken over by the Purchaser, and the Purchaser thereupon agrees to
pay the Corporation the sum of $100,000.00 in cash and upon such pay-
ment, is to be put into possession of said Elevator, Trackage, Dockage and
other appurtenances thereto. The balance of the purchase money which
in no event shall exceed the sum of $800,000.00 shall be paid in instalments
at the same times and as nearly as may be in the same manner as the
moneys secured by the Debentures issued by the Corporation to secure
the funds necessary to pay for the said Elevator, are payable.

11. Should the cost of said Elevator exceed the sum of $800,000.00,
such excess shall be paid and borne by the Purchaser.

12. The said Elevator, lands and docks in connection therewith shall
for ten years next following the taking over of the said Elevator by the
Purchaser, be assessed at not more than $100,000.00, but such fixed
Assessment shall not affect taxation for school purposes or Local Improve-
ments, and the said Town shall supply all water required for fire protection
and for the operation of the said Elevator, free of charge, for the said
period of ten years; provided, however, that the Purchaser shall pay one-
half of the cost of extending the Watermains, and the work in connection
therewith, from the nearest convenient hydrant.

13. The Purchaser agrees to insure, to the satisfaction of the Cor-
poration, the said Elevator to the full insurable value, and shall deposit
the Policies with the Treasurer of the said Corporation, with loss if any,
made payable to the Corporation.

14. Upon payment by the Purchaser of the said cash payment of
$100,000.00, the Corporation shall and will convey and assure, or cause
to be conveyed and assured, to the Purchaser, the said Elevator and the
lands and appurtenances connected therewith, by good and sufficient
deeds, conveyances, assignments and transfers, and the Purchaser shall
contemporaneously with the delivery of such deeds, conveyances, assign-
ments and transfers, deliver to the Corporation, a good and valid First
Mortgage, on the said property, securing payment of the balance of the
said purchase money, at the times and in the manner herein provided for.

16. The said Corporation shall, by its Council as soon as possible,
procure to be submitted to the electors of the Municipality under the
provisions of The Municipal Act, a By-law authorizing the erection of the
said Elevator, the issue of the debentures to pay for same and the sale of
the said Elevator to the Purchaser, when completed.

18. The said Corporation will endeavour to procure from the Dominion
Government, all necessary dredging and harbour work for the proper
erection and operation of the said Elevator, including a ship channel from
open water to the Elevator docks and a turning basin for the safe passage
of vessels drawing 20 feet of water.

19. The Corporation agrees to apply to the Legislature for a Special
Act authorizing and confirming the said By-law and Agreement.

21. A good and sufficient Surety Bond for the sum of $100,000.00
covering the first payment to be made, shall be furnished by the Purchaser
to the Corporation, before any expenditure on the construction. The
Purchaser further agrees to supply to the Corporation, a good and sufficient
Surety Bond, guaranteeing payment to the Corporation the sum of
$28,380.00 being one-half of the first year's principal and interest, falling
due upon the said Debentures, after the taking over of the said Elevator,
by the Purchaser or Incorporated Company.

24. It is understood and agreed that the said Purchaser shall co-operate

with the said Corporation, in having the Construction Company emplo\
local labour and purchase materials and supplies from local dealers.

In witness whereof the said Corporation has affixed its Corporate Seal,
attested by the hands of the Mayor and Clerk, and the said Purchaser
has hereunto set his hand and seal.

Signed, Sealed and Delivered

in the presence of:
(Signed) R. E. Fair.

(Signed) J. Robins Arthur, Mayor.
(Signed) W. H. Whipps, Clerk.

(Signed) W. H. Whipps as to

signatureof H. I. Price. (Signed) H. I. Price.

(Signed) R. E. Fair.

^.^

a 2.

O O*

H
O

»<

;:)

l-t

11
1^

<o va

rt-

-^ ^

<»

(fi

J«

0^a

■-t
c

>
O

O 'O
3 rt-

H
o

2
r
r

-"^o

No. 39.

1928.

BILL

An Act respecting the City of Windsor.

WHEREAS the corporation of the city of Windsor has Preamble,
by its petition represented that on the 5th day of
December, 1927, a certain by-law, being number 3808 of the
city of Windsor, was passed by the council of the said city for
submitting to the electors the question as to whether they
were in favour of an application being made to the Legislative
Assembly for an Act changing the method of election, number
and tenure of office of members of the council ; that the said
question was duly submitted to the qualified electors of the
city of Windsor on the 5th day of December, 1927, and the
said electors by a majority of votes, voted in favour of the
application described in the said by-law; that the said cor-
poration by its petition has prayed that an Act be passed to
carry into effect the provisions of said by-law for the municipal
government of the said city of Windsor; and whereas it is
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Windsor Act, 1928. short title.

2. After the 31st day of December, 1928, the provisions commence-
of sections 1 to 7 inclusive of this Act shall apply to the^®i^7°^
corporation of the city of Windsor and insofar as the pro-
visions of this Act shall alter, vary or change the provisions

of The Municipal Act or any other public Act in respect of Rev. stat. ,
civic government within the city of Windsor, the provisions
of this Act shall prevail.

3. For the year 1929 and thereafter the council of the city city

of Windsor shall be composed of a mayor and six aldermen how com-
who shall be elected by a general vote of the qualified electors ^°^®

of the city.

4. At the first annual municipal election after the said Term
date there shall be elected six aldermen; the three having aldermen.

vitiJiiiLu'J

the highest number of votes at such election shall hold office
for a term of two years and the remaining three for a term of
one year only and at each annual election thereafter there
shall be elected three aldermen who shall hold office for a
term of two years; provided that in the event of the election
by acclamation of the six aldermen for the year 1929, the
three having the highest assessment according to the last
revised assessment roll shall hold office for a term of two years
and the remaining three shall hold office for a term of one year.

Mayor, —
election and

office "*^ thereafter there shall be elected a mayor who shall hold office

Where

vacancy in
office of
alderman.

Rev. Stat.,
c. 233.

5. At the first said annual election and every two years
lereafter there shall be elected a mayor who shall hold o
for a term of two years, except as hereinafter provided.

6. In the event of the death, resignation or removal from
office for any cause under the provisions of The Municipal
Act of any alderman during his term of office, the candidate
at the last preceding election having the next highest number
of votes shall be declared elected as alderman for the un-
expired term of the person so dying, resigning or being re-
moved from office; provided that in case of the candidates
at the last preceding election having been elected by acclama-
tion, the vacancy so created shall be filled by the election of
another alderman by the council for the unexpired term of
office of the alderman so dying, resigning or being removed
from office.

Where

vacancy in
office of
mayor.

Rev. Stat.,
c. 233 and
other Acts
to apply.

T. In the event of the death, resignation or removal from
office for any cause under the provisions of The Municipal
Act of the mayor during his term of office, the office of mayor
shall be filled by the council by the election of one of its
members to fill the office of mayor for the unexpired term of
the then current year and at the next annual election and
every two years thereafter, a mayor shall be elected who shall
hold office for a term of two years as hereinbefore provided.

8. All the provisions of The Municipal Act and all other
Acts relating to the matters hereinbefore contained shall
remain in full force and effect except insofar only as they are
inconsistent with the provisions of this Act.

Commence- 9. This Act shall come into force on the day upon which

ment of . , i -n* i a

Act. it receives the Koyal Assent.

l>.

j2.

co'

<->■

t\i

•t

(T>

i-f^

QTC!

«>

©-

(T)

o^a

3
O

No. 39.

1928.

BILL

An Act respecting the City of Windsor.

WHEREAS the corporation of the city of Windsor has
by its petition represented that on the 5th day of ^^^^
December, 1927, a certain by-law, being number 3808 of the
city of Windsor, was passed by the council of the said city for
submitting to the electors the question as to whether they
were in favour of an application being made to the Legislative
Assembly for an Act changing the method of election, number
and tenure of office of members of the council; that the said
question was duly submitted to the qualified electors of the
city of Windsor on the 5th day of December, 1927, and the
said electors by a majority of votes, voted in favour of the
application described in the said by-law; that the said cor-
poration by its petition has prayed that an Act be passed to
carry into effect the provisions of said by-law for the municipal
government of the said city of Windsor; and whereas it is
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Windsor Act, 1928. short title.

2. For the year 1929 and thereafter the council of the city council,—
of Windsor shall be composed of a mayor and six aldermen ^"^J'""^"
who shall be elected by a general vote of the qualified electors

of the city.

3. At the next annual municipal election and thereafter, Jf^offlce of
there shall be elected six aldermen; the three having a'*^®'''^^"-
the highest number of votes at such election shall hold office

for a term of two years and the remaining three for a term of
one year only and at each annual election thereafter there
shall be elected three aldermen who shall hold office for a
term of two years; provided that in the event of the election
by acclamation of the six aldermen for the year 1929, the
three having the highest assessment according to the last
revised assessment roll shall hold office for a term of two years
and the remaining three shall hold office for a term of one year.

Mayor, — 4. At the next said annual election and every two years

term of thereafter there shall be elected a mayor who shall hold office
for a term of two years, except as hereinafter provided.

Where
vacancy in
office of
alderman.

Rev. Stat.,
c. 233.

Where
vacancy in
office of
mayor.

5. In the event of the death, resignation or removal from
office for any cause under the provisions of The Municipal
Act of any alderman during his term of office, the candidate
at the last preceding election having the next highest number
of votes shall be declared elected as alderman for the un-
expired term of the person so dying, resigning or being re-
moved from office; provided that in case of the candidates
at the last preceding election having been elected by acclama-
tion, the vacancy so created shall be filled by the election of
another alderman by the council for the unexpired term of
office of the alderman so dying, resigning or being removed
from office.

6. In the event of the death, resignation or removal from
office for any cause under the provisions of The Municipal
Act of the mayor during his term of office, the office of mayor
shall be filled by the council by the election of one of its
members to fill the office of mayor for the unexpired term of
the then current year and at the next annual election and
every two years thereafter, a mayor shall be elected who shall
hold office for a term of two years as hereinbefore provided.

aYas^lnd" '^- All the provisions of The Municipal Act and all other
to^a^ppiy*^ -^cts relating to the matters hereinbefore contained shall

remain in full force and effect except insofar only as they are

inconsistent with the provisions of this Act.

Commence- 8. This Act shall come into force on the day upon which
ment of j^ receives the Royal Assent.

H
n

^. 13

3 n.

op p

s^-

o o*

H
0

i i-

S" .'=''

5§ "<

■■ ■" <-!.

•-t

0^5

©,

pi-
's*.

•-I
c

>
O

13*

(-(■*

r
r

o
8 CI

•tar

tsi

No. 40.

1928.

BILL

An Act to annul the Incorporation of the Village of

Wroxeter.

WHEREAS the village of Wroxeter has by its petition Preamble,
represented that it was incorporated by by-law number
12 for 1874 of the county council of the county of Huron and
the lands so erected into an incorporated village included an
area of four hundred and eighty-three and one-half acres
and that by chapter 35 of the Acts passed in the 38th year
of the reign of Her late Majesty Queen Victoria the said by-law
was confirmed and that by an order of the Ontario Railway
and Municipal Board made on the 17th day of December,
1924, certain farm lands were detached from the said village,
and the area thereof now comprises three hundred and
seventy-eight acres; that the preamble of the said by-law
sets forth that the population of the said area was seven
hundred and sixty-four inhabitants; that the population of
said village has steadily declined and the whole resident
population of the said village as appeared by the last revised
assessment roll is two hundred and ninety; that the said
village has now no industries of importance to justify its
continuance as an incorporated village; that the maintenance
of schools and other public services has become burdensome;
and that the municipal council of the said village and a large
majority of the freeholders, according to the last revised
assessment roll thereof have by petition prayed that an Act
be passed to annul the incorporation of the said village; and
whereas it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Village oj Wroxeter ^c/, Short title.
1928.

2. Chapter 35 of the Acts passed in the 38th year of theas vio..o. as,
reign of Her late Majesty Queen Victoria is hereby repealed ^®^®* • •
and the incorporation of the village 'of Wroxeter is annulled.

to^T^ownship ^" ^^^ territory comprised within the said village of
ofHowiok. Wroxeter and lying east of the boundary between the town-
ships of Howick and Turnberry is hereby annexed to and shall
form part of the township of Howick, and the territory
comprised within the said village of Wroxeter and lying west
of the said boundary is hereby annexed to and shall form
part of the township of Turnberry.

Assets and
liabilities
of village.

Commence-
ment of . ,-^ .. ^^^

Act. A.D. 1929.

4. All debts and liabilities of the said village existing on
the 1st day of January, 1929, shall be assumed by the cor-
poration of the township of Howick but shall be a charge
upon the lands now comprised in the said village lying east
of the boundary line between said townships of Howick and
Turnberry; and all assets of the said village shall from the
1st day of January, 1929, be deemed to be assets of the said
corporation of the township of Howick.

6. This Act shall come into force on the 1st day of January,

TO 5 C^
»-{? O

go. 5;
O O* J

ft "<

!«!
O

D3
W

H
c/)
O

"-t

Pi.

r: 5

crq —
O =r

I— (
r
r

0) o
-I 1

O
ft)
o
^ a

■O

No. 40.

1928.

BILL

An Act to annul the Incorporation of the Village of

Wroxeter.

WHEREAS the village of Wroxeter has by its petition Preamble,
represented that it was incorporated by by-law number
12 for 1874 of the county council of the county of Huron and
the lands so erected into an incorporated village included an
area of four hundred and eighty-three and one-half acres
and that by chapter 35 of the Acts passed in the vS8th year
of the reign of Her late Majesty Queen Victoria the said by-law
was confirmed and that by an oider of the Ontario Railway
and Municipal Board made on the 17th day of December,
1924, certain farm lands were detached from the said village,
and the area thereof now comprises three hundred and
seventy-eight acres; that the preamble of the said by-law
sets forth that the population of the said area was seven
hundred and sixty-four inhabitants; that the population of
said village has steadily declined and the whole resident
population of the said village as appeared by the last revised
assessment roll is two hundred and ninety; that the said
village has now no industries of importance to justify its
continuance as an incorporated village; that the maintenance
of schools and other public services has become burdensome;
and that the municipal council of the said village and a large
majority of the freeholders, according to the last revised
assessment roll thereof have by petition prayed that an Act
be passed to annul the incorporation of the said village; and
whereas it is expedient to grant the piayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Village oj Wroxeter ^c^, Short title.
1928.

2. Chapter 35 of the Acts passed in the 38th year of thess Vio.,o. 36,
reign of Her late Majesty Queen Victoria is hereby repealed '"®*'®*^®*^"
and the incorporation of the village of Wroxeter is annulled.

^"Township ^' ^^^ territory comprised within the said village of
ofHowiok. Wroxeter and lying east of the boundary between the town-
ships of Howick and Turnberry is hereby annexed to and shall
form part of the township of Howick, and the territory
comprised within the said village of Wroxeter and lying west
of the said boundary is hereby annexed to and shall form
part of the township of Turnberry.

ABsetB and
liabilities
of village.

Submission
of question.

The following question shall be submitted to the
municipal electors of the said village prior to the 1st day of
June, 1928:

Are you in favour of the annulment of the incorporation
of the village of Wroxeter?

Commence-
ment of Act.

and if a majority of those voting vote in the affirmative in
answer to such question then sections 1 to 4 shall come into
force on the 1st day of January, 1929.

6. Section 5 shall come into force on the day upon which
it receives the Royal Assent

IB*

52.

r^S

fi-
eri

«i>.

fa-

.*=^

«>

:?3

H
O

►-1

0^5

'S>.

•-I
c

fi-

3
>

— 5

o 3-
►-. re

5^ 3

r
r

O
o O

^ O

No. 41.

1928.

BILL

An Act respecting the Town of Perth.

WHEREAS the corporation of the town of Perth has, by Preamble,
its petition, represented that a floating debt of
$29,393.45 has been incurred by reason of an annual deficit
in the operation of the waterworks system of the town since
the year 1918; and whereas the said corporation has further
represented that the public utilities commission, operating
the said waterworks system, are revising the schedule of rates
charged to the users of water, whereby the revenue derived
therefrom will be sufficient to pay all charges of operation of
the said system and to pay interest and annual instalments
of principal upon the debentures proposed to be created
under the authority of this Act; and whereas the said corpora-
tion has represented that to liquidate the said floating
indebtedness forthwith, in addition to meeting the ordinary
annual expenditures, would be unduly oppressive to the
ratepayers and has prayed that power should be granted to
consolidate the said debt and to issue debentures therefrom
in an amount not exceeding $30,000, payable twenty years
after the issue thereof; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of Perth Act, 1928. short title.

2. The floating debt of the corporation of the town of^'e^t^con-
Perth is consolidated at the sum of $29,393.45 and it shall soi'^***®^-
and may be lawful for the council of the said corporation to

pass a By-law authorizing an issue of debentures to the
amount of not more than $30,000 for the purpose of paying
the said floating debt.

3. The said debentures shall be payable in not more thanT®£n^ of

do L)6ri lufak

twenty years from the date of the issue thereof and shall bear and interest.
interest at a rate not exceeding 5 per centum per annum and
may be issued with or without coupons attached thereto for

£41

interest and shall be payable at such place or places as the
corporation may deem expedient.

Payment on

instalment

plan.

4. The said debentures shall be payable in equal annual
instalments of principal and interest, in such manner and of
such amounts that the 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 the period within which the said debts are to
be discharged.

o/'proceedR^ 6. The proceeds of the said debentures shall be applied by

tures!'^'^ the said corporation to the payment of the said indebtedness

of $29,393.45 and for no other purposes whatever.

Special rate.

Assent of
electors no)
required.

Rev. Stat.
c. 233.

T. It shall not be necessary to obtain the assent of the
electors or ratepayers of the town of Perth to the passing of
any by-law which shall be passed under the authority of this
Act or to observe the formalities in relation thereto prescribed
by The Municipal Act.

Irregularity
in form not
to invali-
date.

8. No irregularity in the form of the said debentures, or
any of them, or of any by-law authorizing the issue thereof,
shall render the same invalid or illegal, or be allowed as a
defence to any action brought against the said corporation
for the recovery of said debentures or interest or any part
thereof; and the purchaser or holder thereof shall not be
bound to enquire as to the necessity of passing such by-law
or issuing debentures or as to the application of the proceeds
thereof.

ment"of"°^ 9. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

3-
n

2? 'v

5 2.

!«

* *

^
^

s..

<^k

(/3

•^^

OX!

l\>

0^5

1A5

5'
=r

■a

No. 41.

1928.

BILL

An Act respecting the Town of Perth.

WHEREAS the corporation of the town of Perth has, by Preamble,
its petition, represented that a floating debt of
$29,393.45 has been incurred by reason of an annual deficit
in the operation of the waterworks system of the town since
the year 1918; and whereas the said corporation has further
represented that the public utilities commission, operating
the said waterworks system, are revising the schedule of rates
charged to the users of water, whereby the revenue derived
therefrom will be sufficient to pay all charges of operation of
the said system and to pay interest and annual instalments
of principal upon the debentures proposed to be created
under the authority of this Act; and whereas the said corpora-
tion has represented that to liquidate the said floating
indebtedness forthwith, in addition to meeting the ordinary
annual expenditures, would be unduly oppressive to the
ratepayers and has prayed that power should be granted to
consolidate the said debt and to issue debentures therefrom
in an amount not exceeding $30,000, payable fifteen years
after the issue thereof; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town oj Perth Act, 1928. short title.

2. The floating debt of the corporation of the town of Floating
Perth is consolidated at. the sum of $29,393.45 and the said aoUdated.
corporation may borrow by a special issue of debentures a sum

not exceeding $30,000 for the purpose of paying the said
floating debt.

3. The said debentures shall be made payable in not more Term of
than fifteen years from the date of the issue thereof and shall and^^nterest.
bear interest at a rate not exceeding 5 per centum per annum

and may be issued either with or without coupons attached

Payment on

instalment

plan.

Special rate.

Application
of proceeds
of deben-
tures.

thereto for interest and shall be payable at such place or
places as the corporation may deem expedient.

4. The vsaid debentures shall be payable in equal annual
instalments of principal and interest, in such manner and of
sugl? amounts that the 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 the period within which the said debt is to be
discharged.

6. The said debentures and all moneys arising from the sale
thereof shall be applied in payment of the said floating debt of
$29,393.45 and for no other purpose.

Assent of
electors not
required.

Rev. Stat.
c. 233.

7. It shall not be necessary to obtain the assent of the
electors of the town of Perth to the passing of any by-law
which shall be passed under the authority of this Act or to
observe the formalities in relation thereto prescribed by The
Municipal Act.

fn7^rnfnot ®- No irregularity in the form of the said debentures, or
date^^'^ any of them, or of any by-law authorizing the issue thereof,
shall render the same invalid or illegal, or be allowed as a
defence to any action brought against the said corporation
for the recovery of said debentures or interest or any part
thereof; and the purchaser or holder thereof shall not be
bound to enquire as to the necessity of passing such by-law
or issuing debentures or as to the application of the proceeds
thereof.

Treasurer
to keep
proper books
of account.

It shall be the duty of the treasurer for the time being,
of the said town, to keep, and it shall be the duty of each of
the members, from time to time, of the council to procure
such treasurer to keep, and see that he does keep, a proper
book of account, setting forth a full and particular statement,
so that the same shall at all times show the number of deben-
tures which from time to time shall be issued under the
powers conferred by this Act, and the respective amounts
payment of which is thereby secured, and the times at which
the said debentures shall respectively become due and pay-
able, and the several amounts which shall, from time to time,
be realized from the sales or negotiations of the said debentures
and the application which shall, from time to time, be made of

the said amounts; and the said book of account and statement
shall at all times, and at all reasonable hours, be open to the
inspection of any ratepayer of the said town, and of any of
the holders, from time to time, of the debentures which shall
be issued under the powers hereby conferred, or any of such
debentures."^!

10. This Act shall come into force on the day upon which Commence-
it receives the Royal Assent. Act.

i?.^

3 2.

CO ^

r^S

«>

Pi.

*».

^i.

t>».

<&-

CD
H

O
2;

<^
ft

cr
"-I

>0
ft.
0^5

r
r

00
O
2 <^

No. 42.

1928.

BILL

An Act respecting the Congregation of the
Presbyterian Church of Canada in Markham.

WHEREAS the congregation of the Presbyterian Church Preamble,
of Canada (Continuing Presbyterians) at Markham has
by its petition represented that the vote on the question of the
union of the Presbyterian, Methodist and Congregational
Churches in Canada carried by a small majority; and that in
fact a minority of the congregation carried with them into
the United Church of Canada the whole of the property of
the Presbyterian Church in Markham leaving an actual
majority to continue their church without any buildings,
property or money; and whereas the congregation of the
Presbyterian Church in the village of Markham has by its
petition prayed that an Act be passed vesting in trustees for
the said congregation the property used until church union as
the manse and cemetery of the Presbyterian Church in
Markham, and directing that the Morgan Fund be held for
the benefit of the said congregation and be vested in the
trustees of the said congregation; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Markham Presbyterian Short titio.
Church Act, 1928.

2. The lands described in clause (a) of this section are testing
hereby vested in the trustees for the congregation of the lands.
Continuing Presbyterian Church at Markham (not connected

with the United Church of Canada), —

(a) All and singular that certain parcel or tract of land
and premises situate, lying and being in the village
of Markham, in the county of York, and being
composed of the north half of lot number three in
block "D" according to plan number 18 filed in the
Registry Office for the county of York.

Vesting
of certain
lands.

3. — (1) All of the estate, right, title and interest of the
trustees for the congregation of the United Church of Canada
at the village of Markham, together with all the right, title
and interest of the said congregation in the lands particularly
described in clause (a) of this section, which lands are now
used as a cemetery, together with all funds, securities, bonds
and vouchers, held by or for the said trustees or the said
congregation, for or in connection with the maintenance of the
said cemetery or any portion thereof, are hereby vested in
the trustees for the congregation of the Continuing Presby-
terian Church at Markham (not connected with the United
Church of Canada), —

(a) Firstly, all and singular that certain parcel or tract
of land and premises situate, lying and being in the
township of Markham being composed of part of
lot number 10 in the eighth concession of the said
township containing by admeasurement one acre be
the same more or less and butted and bounded as
follows, that is to say : Commencing in the northern
limit of the said lot at the distance of twenty-seven
chains from the northwest angle thereof, thence north
forty-four degrees east four chains, thence south nine
degrees, east two chains and a half ; thence south forty-
four degrees, west four chains, thence north nine
degrees, west two chains and a half to the place of
beginning ;

Secondly, all and singular that certain parcel or tract
of land and premises, situate, lying and being in the
township of Markham, being composed of part of
lot number 10 in the eighth concession of the said
township containing by admeasurement one and one-
eighth acres (1 1/8) more or less and more parti-
cularly known and described as follows, that is to
say: Commencing at the northeast corner of the
burial ground now known as the burial ground of the
congregation of the religious body known as the
Presbyterian Church in Canada, thence north
seventy-four degrees nine rods; thence south nine
degrees east five chains; thence south seventy-four
degrees west nine rods to the land owned by James
Scott and John Germain ; thence north nine degrees,
west and along the eastern boundary of the burial
ground aforesaid five chains to the place of be-
ginning.

Rights of (2) Nothing in this section shall prejudice the rights of

onofs^^^"^^ persons who have purchased lots in the said burying ground
preserved. ^^^ ^^^ ^^^^ trustees shall acquire the properties hereby
vested in them subject to all such rights.

4. All the estate, right, title and interest of the trustees of of^Mo^gan
the fund bequeathed by Thomas and George Morgan, both Fund,
late of the village of Markham, and known as the Morgan
Fund, together with all funds, securities, bonds and vouchers
held by or for the said trustees in connection with the said
Morgan Fund, are hereby vested in the trustees for the con-
gregation of the Continuing Presbyterian Church at Markham
(not connected with the United Church of Canada).

5. This Act shall come into force on the day upon which ment"cff"°^'
it receives the Royal Assent. -'^°*-

-n_

crq_
t/i"

'->

>•>

«2

«.

C/3

«».

H-l

^««.

.^,

t\>

•^

?i-

R-

0X>

CO ►!

^^
n <5

■^3 3

^ O ct

►n Jl fD
I =^§

fi> r+
3 O'

p O

t-H

r
r

o Or|

i-i 3

-^ o H

No. 43.

1928.

BILL

An Act respecting the Township of Teck.

WHEREAS the corporation of the township of Teck has Preamble,
by its petition represented that sewers and waterworks
have been constructed in the township and that by-laws
numbers 119, 158, 170, 194, 198, 254 and 326 have been
passed authorizing the issue of debentures to pay for the
cost of the works mentioned in the said by-laws; that the
cost of the said works mentioned in said by-laws numbers 119,
158, 170, 194 and 198 is assessed upon the whole rateable
property in the township of Teck and the cost of the works
mentioned in by-laws numbers 254 and 326 is assessed on all
the rateable property in that portion of Union School section
number 2, township of Teck and Lebel which is situate in
the township of Teck; that the works mentioned in said by-
laws benefit only a portion of the township or a portion of the
rateable property assessed therefor, and that it is desirable
while maintaining each of said by-laws in full force and effect
to provide that the portion or portions of the township
benefitted by the said work shall bear the cost thereof; that
certain works have been constructed within that portion of
Union School section number 2, township of Teck and Lebel
situate in the township of Teck as local improvernents under
the provisions of The Local Improvement Act, and it is desirable
to provide that the corporation's portion of the cost shall be
assessed upon a designated section or area and not upon the
township at large; and whereas the corporation has by its
petition prayed that an Act may be passed for the purposes
aforesaid; and whereas it is expedient to grant the prayer
of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Teck ^c/, short title.
1928.

Distribution

2. The municipal council of the township of Teck is hereby ^elu o?"

empowered to assess and levy in each and every year of the amounts

assessments
under cer-
43 tain by-laws.

currency of the debentures authorized by by-laws numbers
119, 158, 170, 194, 198, 254 and 326 respectively, commencing
with the year 1928, in addition to and not in substitution for
the respective amounts required to be raised annually under
each of said by-laws, an amount equal to the aggregate of
said respective amounts and three-fourths of said amount
shall be assessed and levied on the whole rateable property
within that portion of Union School section number 2, town-
ship of Teck and Lebel situate in the township of Teck and
the balance shall be assessed and levied on the whole rateable
property in the township of Teck comprised in plans numbers
M-15, Timiskaming, M-32, Timiskaming, M-46, Timiskaming,
M-53, Timiskaming, M-68, Timiskaming, M-91, Timiskaming,
and M-93, Timiskaming, filed in the Office of Land Titles at
Haileybury, Ontario, and the said amount when collected
shall be applied annually, commencing with the year 1929,
in satisfaction in toto or pro tanto of the respective amounts
required to be assessed and levied annually under each of
said by-laws.

of^cforpcfra- 3. Where any work has heretofore been undertaken as a
o °col?where local improvement pursuant to the provisions of The Local
"ures 'issued I^np^ovement Act within that portion of Union School section
number 2, township of Teck and Lebel situate in the township
of Teck and no by-law has been passed authorizing the issue
of debentures to pay for the cost thereof, notwithstanding
anything contained in or omitted from the by-law for under-
taking the work, that part of the cost which would otherwise
be the corporation's portion of the cost of said work shall be
assessed and levied on the whole rateable property in that
defined section or area comprising the portion of Union
School section number 2, township of Teck and Lebel situate
in the township of Teck.

Commence-
ment of
Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

C/J

•<

H
O

cr
•-t

Pi.
a

n
o

rt-

(T)
O

r
r

r^. (Il

o O

No. 44. 1928.

BILL

An Act respecting Victoria University and Union
Theological College.

WHEREAS the Board of Regents of Victoria University ^'■^^'^''^®-
and the Board of Management of Union Theological
College have by their petition prayed for special legislation in
regard to the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Victoria University ^c/, Short title.
1928.

2 In this Act,- J?J?rtion.

(a) "Board" shall mean the Board of Regents of Victoria
University ;

(b) "Graduates" shall mean and include not only the
graduates of Victoria University prior to federation
with the University of Toronto but also all those
graduates under federation enrolled in Victoria
University at the time of their graduation ;^

i. All those who have received a degree in Divinity
from Victoria University; or who have re-
ceived a degree in Divinity from Knox College
previous to May 1st, 1927, those persons only
excepted who, having been connected with
the Presbyterian Church in Canada on June
9th, 1925, are at the date when this Act comes
into force not connected with the United
Church of Canada.

ii. All those who have completed a regular course
in Theology prescribed for ordination to the

ministry in Emmanuel College, or in the
F'aculty of Theology of Vittoria University, or
in Union Theological College.

iii. All those who previous to May 1st, 1927,
completed in Knox College a regular course
prescribed for ordination to the ministry,
those persons only excepted who, having been
connected with the Presbyterian Church in
Canada on June 9th, 1925, are at the date
when this Act comes into force not connected
with the United Church of Canada.

iv. All ministers of the United Church of Canada
who have completed one full year in theology
in Emmanuel College, or in the Faculty of
Theology of Victoria University, or in Union
Theological College, or prior to May 1st,
1927, in Knox College.

Royal
Charter.

3. The Royal Charter granted in the seventh year of the
reign of His late Majesty King William the Fourth incorporat-
ing the Upper Canada Academy shall remain in full force and
effect save and except in so far as it may have been amended
by any Act of the Legislature of the late Province of Canada
or of the Province of Ontario or by this Act.

Victoria

Univtrsity

continued.

Management
and admin-
istration.

Constitution
of Board.

4. Victoria University as established by the said Royal
Charter and by Acts of the Legislature of the late Province of
Canada and of the Province of Ontario is hereby continued
and shall continue to be called and known as Victoria Uni-
versity.

5. — (1) The said Victoria University shall be under the
management and administration of "The Board of Regents of
Victoria University" which is hereby continued as a body
corporate under that name.

(2) The Board shall consist of forty-two members to be
elected or appointed every two years and holding office until
their successors are elected or appointed as follows:

(a) Twenty-two members by vote of the General Council
of the United Church of Canada.

(b) Three ex-officio members being the Chancellor of

Victoria University, the Principal of Victoria College
and the Principal of Emmanuel College.

Medicine, Science and Law of Victoria University.

' (ii) Five members by vote of the Alumni of Emxnanuel
' ' ■ • College.

(e) Seven members to be elected at a joint meeting to be
called by the General Secretary of the Board for that
purpose consisting of the twenty-two representatives
from the General Council of the United Church of.
Canada, the ex-officio members and the members
elected to the Board by the said graduates in Arts,
Medicine, Science and Law and the Alumni of
Emmanuel College.

(3) The election of the seven members mentioned in clause Election.
(e) shall be conducted according to the regulations which may
from time to time be made by the Board.

6. The Board shall at the first meeting to be held after the First
passing of this Act elect a chairman to hold office until the Board and
next election of the members of the Board and thereafter chairman,
following each election of a new Board shall at its first meeting
elect a chairman. Should a vacancy in the office of the
chairman at any time occur the Board shall forthwith elect
a new chairman. The first meeting of the Board shall be
called by the Chancellor or by the principal of either college.

T. The Board shall have in addition to the powers, rights Power to

1 • M • i • • ^*7 /• ^T 7- ■ • hold land.

and privileges mentioned in section 27 ot 1 he Interpretation
Act, power to purchase, acquire, take and hold by gift, devisee, i.'
or- otherwise real and personal property for the purpose pf the
universitywithout license in mortmain and may grant, sell,
mortgage, lease and otherwise dispose of, the same or any
part thereof.

8. All real and personal property now vested in Victoria vesting ,
University, in the Board of Regents of Victoria University, in
Union Theological College or the Board of Management
thereof shall be and it is hereby vested in the Board.

.9. The Board shall have power,— of°Bofrd.

(a) To make rules and regulations pertaining to the^^^^^^®
meetings of the Board and its transactions, for fixing regulations

, f 1 T-> 1 1 r 1 • and appoint

the quorum of the Board, and for the appointment committees.

of such committees as it may deem necessary, and

for conferring on any such committees power and

authority to act for the Board in and in relation to

such matters as the Board may deem it expedient

to delegate to a committee with power to act for the

Board.

To make
other ap-
pointments.

(b) To appoint a Chancellor who may also be called
President of Victoria University, a Principal of
Victoria College, a Principal of Emmanuel College,
professors, lecturers, instructors, demonstrators,
tutors, masters and all officers, agents and servants
■ of the university and its colleges and to dismiss the
same and to determine their salaries, duties and
tenure of office which, unless otherwise provided,
shall be at the pleasure of the Board; provided,
however, that the members of the Faculty of
Emmanuel College shall be appointed or dismissed
only by a majority vote of the members of the
Board and also by a majority vote of those members
of the Board elected by the General Council of the
United Church of Canada present at a meeting duly
called for the purpose. No appointment to the
permanent teaching staff of either college shall be
made until the Chancellor and the Principal of such
college shall have consulted with the teaching staff
of the department concerned in the case of Victoiia
College, and with the council of the college, in the
case of Emmanuel College and until the result of
such consultation has been reported to the Board.
The appointment of the principal and professors of
Emmanuel College shall be subject to confirmation
by the General Council of the United Church of
Canada or by a duly authorized board or committee
of the General Council.

Respecting
membership
on Board.

(c) To make such regulations as may be necessary or
advisable for the holding of nominations and elections
for membership on the Board.

Respecting
retirement
and
gratuities

(d) To make regulations respecting and providing for the
retirement and superannuation of any of the persons
mentioned in clause (b), or the payment of a gratuity
to any of them upon retirement and provide that
any superannuation or retiring allowance or gratuity
shall be paid out of a fund which may be created for
that purpose either with the money of the Board or
from contributions from such persons or partly by
both.

To invest
moneys.

(e) Subject to the limitations imposed by any trust as to
the same, to invest all such money as shall come to
the hands of the Board and is not required to be
expended for any purpose to which it lawfully may
be applied, in such manner as to the Board may
seem meet.

(/) To lay out and expend such sums as the Board rnay Jo^^^^^*.
deem necessary for the erection, furnishing, main- buildings.
tenance and equipment of such buildings as are or
may be deemed necessary for the purposes of Victoria
University or the students thereof; provided, how-
ever, that the Senate and the council of the college
concerned shall be invited to inspect all plans of
buildings and may make suggestions witfc regard
thereto.

(g) To establish such faculties, departments, chairs and fecuTuef^/eto.
courses of instruction in Victoria University or its
colleges as to the Board may seem meet.

(h) To receive and administer all gifts, legacies, devises, To receive
grants, subscriptions and donations for Victoria ter gtfts^'"'^"
University and its colleges.

(i) To impose tuition and other fees on the students of To fix fees.
Victoria University.

(j) To keep proper books of account of the financial J^^^^^j^p ^j.
affairs of Victoria Univeisity and to present a report fl^ariciai

. . . . -^ • , 1 T 1 matters and

oi the said university, accompanied by a duly report
audited financial account to each meeting of the
General Council of the United Church of Canada.

(k) To establish a committee to be known as the Library JJ'Oj.lstabHsh^
Board to consist of four members appointed by the and^controi
Council of Victoria College, four members by the
Council of Emmanuel College and four members by
the Board and to vest in such committee (subject to
such limitations as may be deemed advisable) the
care, control and management of the library of
Victoria University and its colleges.

(/) To make all such regulations and provisions and do General

,, , , , . ' powers.

all such matters and things as may seem necessary or
advisable for the welfare, advancement and good
government of Victoria University which are not by
this Act assigned to any other body.

10. If a vacancy occurs in the Board from among the Vacancies
members elected by the General Council of the United Church
of Canada such vacancy shall be filled by the executive
committee of the said General Council. If a vacancy occurs
from among the other members of the Board the vacancy
shall be filled by the Board, but in the case of a vacancy from
among the members elected by the graduates or by the
Alumni the Board shall appoint a graduate or alumni as the
case may be, to fill the vacancy.

. 6

Execution of
documents.

11. All deeds, mortgages, discharges of mortgages, papers,
documents, agrcerrents and other irstruments in writing
shall be executed on behalf of the Board by the Chancellor or
the chairman of tl^ e Board and by the treasurer or the principal
of either college and the corpr rate seal cf the university shall
be affixed thereto.

Senate and 12.-i-(l) There shall be a Senate of Victoria University
thereof. which shall consist of the following:

All members of the Board of Regents of Victoria Uni-
versity;

All permanent members of the teaching staff of
Victoria College and Emmanuel College;

Six representatives elected every two years by the
graduates of the faculties of Arts, Medicine,
Science and Law of Victoria University;

The six representatives to the Council of Emmanuel
College who shall have been elected by the Alumni
and

Two representatives appointed by Albert College.

First

members of
Senate.

(2) The first members of the Senate in addition to the
representatives of Albert College, the permanent members
of the teaching staff of Victoria College and of Emmanuel
College and of the members of the Board of Regents of
Victoria University and the six representatives to the Council
of Emmanuel College who shall have been elected by the
Alumni, shall be: H. W. Gundy, B.A.; H. W. Aikins, B.A.,
M.D.; Mrs. D. H. Duff, B.A.; Miss E. F. Adams, B.A.; F. H.
Clarke, B.A., and F. C. Colbeck, B.A., who shall be deemed
to be the six representatives elected by the graduates of the
Faculties of Arts, Medicine, Science and Law of Victoria
University.

Term of (3) The said members of the Senate shall hold office until

m^mbers"'^^* their successors are elected.

First

election to
Senate,

(4) The first election of members to the Senate shall be
held at such time in the year 1930 as may be determined by
the Senate.

Powers
of Senate.

To make
certain regu-
lations.

13. The Senate shall have power, —

(a) To provide for the regulation and conduct of its
proceedings, including the determination of the
quorum necessary for the transaction of business;

(b) Subject to the provisions of The University Act, to J°g6rant
provide for the granting of and to grant degrees, ^

including honorary degrees in the several colleges c 387.
and faculties which are or may from time to time be
established and to determine the courses of study
and qualifications for degrees;

ixicmoGrsnin

and proper for the nomination and election of of Senate.
members to the Senate;

(d) To make regulations and deal with all such matters ^^Jf^f'l^,.,^
of a strictly educational nature as have not in this of^e^uca-
Act been assigned to either of the colleges; nature.

(e) To summon and provide for the holding of Con- convora"^

vocation, for the conferring of degrees and for such tio"
other purposes as may be determined by the Senate;

(/) To appoint the representative of Victoria University ^°j.g|PPo^^*
on the Senate of the University of Toronto ; provided, tives on
however, that no person who is a member of the University
Council of Emmanuel College shall be entitled to
vote on any such appointment;

(g) To deal with such other matters and affairs as rnay General
from time to time be committed to it by the Board.

14. — (1) There shall be a Chancellor of Victoria University ^ent and
who shall be appointed by the Board and shall hold office at ^^^^ ^.\
the pleasure of the Board. The Chancellor shall be charged
with the general oversight of the university as a whole. He
shall be the head of Victoria University within the meaning
of clause (a) of section 41 of The University Act. He shall ^^g^^^^*^^-
preside at all meetings of the Senate and Convocation of
Victoria University and shall confer all degrees. He shall be
the General Secretary and Chief Administrative Officer of the
Board and shall have oversight of the business of the Board
in its administration of the property and funds of the Board.
He shall prepare and present annually to the Board a report
of the life and work of the university and its colleges and a
similar report to the General Council of the United Church of
Canada. He shall also perform such other duties and func-
tions as are essential to the university as a whole and which
have not been assigned to the heads of either of the colleges.
The Chancellor may, at the discretion of the Board, be the
acting head of either college.

(2) There shall also be a Vice-Chancellor who shall be ap- ment*'and
pointed by the Senate from among its members but who shall v"ce^® '^^
not be selected from the members of the teaching staff. The Chancellor.

Continua-
tion of
Victoria
College.

Principal
of Victoria
College.

Vice-Chancellor shall perform such duties as may be requested
by the Chancellor or by the Senate and in the absence or
illness of the Chancellor shall preside at Convocation and
meetings of the Senate.

16. The present Faculty of Arts established in Victoria
University and known as Victoria College in the University of
Toronto is hereby continued and shall also be known as
Victoria College of Victoria University.

16. There shall be a Principal of Victoria College who shall
have general supervision of the work and life of the said
college and shall be the chairman of the Council of Victoria
College.

Council
of Victoria
College.

17. — (1) There shall be a Council of Victoria College which
shall consist of the Chancellor of Victoria University, the
Principal of Victoria College and all permanent members of
the teaching staff of Victoria College together with one
professor in the Department of Religious Knowledge appointed
by the permanent members of the teaching staff of Emmanuel
College.

(2) The Council of Victoria College shall have the following

Powers

and duties , ,

of council, powers and duties

To make
certain regu-
lations.

(a) To make rules and regulations for governing its own
proceedings, including the determining of the
quorum necessary for the transaction of business.

To make
regulations
respecting
work and
life of the
College.

(b) Subject to the provisions of this Act and to the
approval of the Board, to exercise direction, guidance
and oversight of the work and life of the college, and
to make such rules and regulations as may be
required for this purpose.

To transact

certain

business.

Respecting
applications
of students.

(d) To deal with and decide on all applications and
memorials by students or others upon which the
action of the college is required.

To conduct
examina-
tions.

To appoint
representa-
tives to
Senate of
University
of Toronto.

Rev. Stat..
O. 337.

(e) To conduct all examinations held by Victoria College.

(/) To appoint such representatives of the Faculty of
Arts to the Senate of the University of Toronto as
The University Act may authorize of whom one shall
be the Principal of Victoria College.

(g) To consider and report to the Board of Regents and upon® general
to the Senate or to either of them upon such matters matters.
affecting Victoria College as to the council may seem
meet.

18. Union Theological College as established by

4-Uo Constitution

^"*^ of Em-
executive committee of the General Council of the United q^^^^^
Church of Canada under the authority conferred by the
United Church of Canada Act (Dom.) and the Faculty of 1924, c. loo
Theology now established in Victoria University are hereby °""' '
united and amalgamated into one theological college of
Victoria University to be known as Emmanuel College which
shall have and exercise all the rights and enjoy all the privileges
now pertaining to Union Theological College save as these may
be affected by the provisions of this Act.

19. There shall be a Principal of Emmanuel College who as ment 'and
Chief Administrative Officer of the College Council shall have princfpai.
general supervision of the work and life of the said college.
He shall call all meetings of the council and preside thereat.
He shall be the head of the college within the meaning of
clause (a) of section 41 of The University Act.

20.— (1) There shall be a Council of Emmanuel College Jf°J^o^u*i,*Htion
which shall consist of the Chancellor of Victoria University, cSiiege'"^^
the Principal and all members of the permanent teaching
staff of the Emmanuel College and the following who are not
members of the Board, namely: six members elected every
two years by the General Council of the United Church of
Canada and six members elected every two years by the
Alumni of Emmanuel College. The Chancellor of Victoria
University, the Principal and members of the permanent
teaching staff shall constitute the permanent executive of the
council.

(2) The first members of the Council of Emmanuel College m^bers of
in addition to the Chancellor, the Principal and the members council-
of the permanent teaching staff of the college shall be: Rev.
A. P. Addison, B.A., D.D.; Rev. J. Y. Anderson, B.A.,
B.D.; Rev. F. L. Barber, B.A., Ph.D.; Rev. H. J. Pritchard,
B.A.; Rev. A. L. Smith, M.A., B.D., and Rev. W. R. Taylor,
M.A., Ph.D., who shall be deemed to be the six members
elected by the General Council of the United Church of
Canada, and Rev. J. H. Arnup, B.A., D.D.; Rev. W. B.
Creighton, B.A., D.D.; Rev. G. B. King, M.A., B.D., Ph.D.;
Rev. Geo. Little, B.A.; Rev. R. S. Laidlaw, D.D., and Rev.
Robert Marlin, D.D., who shall be deemed to be the six
members elected by the Alumni of Emmanuel College and
shall hold office until their successors are elected. The first
election of members to the council shall be held at such time
in the year 1930 as may be determined by the council.

10
Powers 21. The Council of Emmanuel College shall have the

and duties , ,, . j j j.-

of Council, followmg powers and duties:

To deter-
mine theo-
logical curri-

To prepare
courses of
study in
Divinity.

To arrange
for teaching
and ex-
aminations
and grant
diplomas.

(a) To determine the theological curriculum in harmony
with the general principles laid down by the General
Council of the United Church of Canada.

(b) To prepare courses of study for degrees in Divinity

and submit the same to the Senate of Victoria
University for its approval.

students and to grant diplomas, certify to presbytery
the students who have completed their course of
study for ordination, and report to the Senate of
Victoria University the standing of students in
courses leading to degrees in Divinity.

To oversee
work and life
of College.

(d) Subject to the provisions of this Act and to the
approval of the Board, to exercise direction, guidance
and oversight of the work and life of the college
and to make such rules as may be required for this
purpose.

To appoint
representa-
tives.

Respecting
affiliation of
other schools
and colleges.

Respecting
election of
members of
council.

General
powers.

Joint
meetings.

(e) To appoint to the Senate of the University of Toronto
and to the Council of the Faculty of Arts such repre-
sentatives as The University Act may authorize.

(/) To determine, subject to the final ratification of the
Senate of Victoria University and of the Board
what schools or colleges, if any, of the United
Church of Canada, whose purpose is to train students
for christian service, may become affiliated with the
college and the terms of such affiliation.

(g) To make such regulations as may be deemed neces-
sary or advisable for the holding of nominations and
elections of such members of the council as are to
be elected by the alumni.

(h) To consider and report to the Board and to the
Senate, or to either of them, upon any matters
affecting the college as to the council may seem meet.

22. Joint meetings of the Faculty of Victoria College and
of the Faculty of Emmanuel College may be called at any
time by the Chancellor at the request of the faculty of either
college for the purpose of discussing matters of mutual
interest and concern.

Appoint-
nient and
duties of
registrar.

23. There shall be a Registrar of Victoria University who
shall be appointed by the Board. The Registrar shall also

be the Secretary of the Senate and shall be the official custodian
of all records and papers of the Senate including lists of all
graduates and alumni including holders of diplomas and
certificates as well as the records of all examination results
and the standing of all students in each college. He shall
also conduct the elections of the representatives of the
graduates and alumni on the Board of Regents and of the
graduates on the Senate of Victoria University. The Registrar
shall also perform such other duties as may be assigned to
him by the Senate or the Board.

24. — (1) There shall be a committee to be called the Jf°(?|^*^*'°"
Caput which shall be composed of the Chancellor, the Prin-
cipal of Victoria College and the Principal of Emmanuel
College.

^2) The Caput shall have disciplinarv jurisdiction over the piscipiinary

i rf -^ . 1 urisdiction

conduct of the students of Victoria University and its colleges, of caput.
Disciplinary jurisdiction shall include the power to impose
fines.

26. All the graduates and undergraduates of Albert j/iservation
College shall have and enjoy the same rights, degrees, honours graduates

. • ■ ■ITT' "TT* • 1 3-riciu nciGr-

and status m connection with Victoria University as they graduates of

. . ■ . Albert

enjoyed in connection with said Albert College on the first college.

day of July, 1884.

26. The said Albert College is hereby affiliated with theAfmjatjon
said Victoria University, and shall be entitled to two repre- college.
sentatives upon the Senate of the said university.

27. The following shall be the first members of the Board members of
of Regents of Victoria University: Reeents*^

Rev. Richard Pi;ich Bowles, M.A., D.D., LL.D., who
shall be Chancellor and President; Rev. Alfred
Gandier, M.A., D.D., LL.D., who shall be Principal
of Emmanuel College; the Principal of Victoria
College (when appointed); A. E. Ames, Esq.; Rev.
C. W. Bishop, B.A., D.D.; Thomas Bradshaw, Esq.;
Rev. R. N. Burns, B.A., D.D.; Rev. S. D. Chown,
D.D., LL.D.; Rev. W. G. Clarke, B.A.; Rev.
Trevor H. Davies, D.D.; Rev. J. M. Duncan, D.D.;
H. H. Fudger, Esq. ; Rev. J. W. Graham, B.A., D.D.,
LL.D.; Rev. W. L. Hiles, B.A.; Rev. A. J. Irwin,
B.A., D.D.; Rev. George A. Macdonald, B.A.;
Rev. D. C. McGregor, D.D.; A. H. Perfect, M.D.;
Rev. George C. Pidgeon, D.D.; Hon. N. W. Rowell,
LL.D., K.C.; W. E. Rundle, Esq.; Norman Slater,
Esq.; Rev. W. J. Smith, B.A., D.D.; Sir James
Woods; E. R. Wood, LL.D.; A. R. Auld, Esq.;

Mrs. G. J. Blewett, B.A.; James Brown, Esq.;
H. C. Cox, Esq. ; C. T. Currelly, M.A. ; F. H. Deacon,
Esq.; Mrs. R. G. Dingman, B.A.; Mrs. D. A.
Dunlap; Lady Flavelle; A. R. Ford, B.A.; D. E.
Hughes, Esq.; Geo. H. Locke, M.A., Ph.D., LL.D.;
Rev. S. T. Martin, D.D.; A. J. Mitchell, Esq.;
F. N. G. Starr, C.B.E., M.D., CM., F.A.C.S.;
J. R. L. Starr, B.A., LL.B., K.C. ; G. H. Wood, Esq.,
who shall hold office until the first election to the
Board. The first twenty-two named herein, apart
from the three ex-officio members of the Board, shall
be deemed to be the representatives to the Board,
from the General Council of the United Church of
Canada and shall hold office on the Board until
their successors are elected or appointed at the
meeting of the General Council to be held in the
year 1930. The first election of the other members
of the Board shall be held at such time in the year
1930 as may be determined by the Board.

rlpeaied^^' 28. The Act passed in the 5th year of the reign of His
Majesty King George V, and chaptered 91, is hereby repealed.

Commence-
ment of
Act.

29. This Act shall come into force on the 1st day of August,
1928.

«*j

-I

'<;

f*
^

t>j

<Si.

dKi

■^

r-^

???

3 en

3 n

£-<

«>

o -^

©.

•^. s

<>>.

n O

w 2.

0^5

"' »i

o n

S 3

2i.

CiC

,/-N

nj'

•^

< 5- =

No. 44.

1928.

BILL

An Act respecting Victoria University and Union
Tlieological College.

WHEREAS the Board of Regents of Victoria University ^'■®*°'*''®-
and the Board of Management of Union Theological
College have by their petition prayed for special legislation in
regard to the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Victoria University .4 c/, Short title.
1928.

2. In this Act, —

(a) "Board" shall mean The Board of Regents of Victoria

University;

All those who have received a degree in Divinity
from Victoria University; or who have re-
ceived a degree in Divinity from Knox College
previous to May 1st, 1927, and are at the
date when this Act comes into force con-
nected with the United Church of Canada, or
who within five years from the date when this
Act comes into force elect to become alumni
of Emmanuel College.

Inter-
pretation.

All those who have completed a regular course
in Theology prescribed for ordination to the

ministry in Emmanuel College, or in the
Faculty of Theology of Victoria University, or
in Union Theological College.

iii. All those who previous to May 1st, 1927,
completed in Knox College a regular course
prescribed for ordination to the Ministry, and
are at the date when this Act comes into
force connected with the United Church of
Canada, or who within five years from the
date when this Act comes into force elect to
become alumni of Emmanuel College.''^J

Royal
Charter.

3, The Royal Charter granted in the seventh year of the
reign of His late Majesty King William the Fourth incorporat-
ing the Upper Canada Academy shall remain in full force and
effect save and except in so far as it may have been amended
by any Act of the Legislature of the late Province of Canada
or of the Province of Ontario or by this Act.

Victoria

Utiv»-rsity

oontinued.

Management
and admin-
istration.

ConBtitution
■of Board.

(2) The Board shall consist of forty-two members to be
elected or appointed every two years and holding office until
their successors are elected or appointed as follows:

(a) Twenty-two members by vote of the General Council
of the United Church of Canada.

(b) Three ex-officio members being the Chancellor of

Victoria University, the Principal of Victoria College
and the Principal of Emmanuel College.

Medicine, Science and Law of Victoria University.

(d) Five membiers b\- vote of the Alumni of Emmanuel
College.

(e) Seven members to be elected at a joint meeting to be
called by the General Secretary of the Board for that
purpose consisting of the twenty-two representatives
from the General Council of the United Church of
Canada, the ex-officio members and the members
elected to the Board by the said graduates in Arts,
Medicine, Science and Law and the Alumni of
Emmanuel College.

(3) The election of the seven members mentioned in clause Election,
(e) shall be conducted according to the regulations which may
from time to time be made by the Board.

6. The Board shall at the first meeting to be held after the First
passing of this Act elect a chairman to hold ofBce until theBoardPand
next election of the members of the Board and thereafter ®jf^*j!^^°5
following each election of a new Board shall at its first meeting
elect a chairman. Should a vacancy in the office of the
chairman at any time occur the Board shall forthwith elect
a new chairman. The first meeting of the Board shall be
called by the Chancellor or by the principal of either college.

"7. The Board shall have in addition to the powers, rights Power to
and privileges mentioned in section 27 of The Interpretation
Act, power to purchase, acquire, take and hold by gift, devise ^Y* ^*^*'
or otherwise real and personal property for the purpose of the
university without license in mortmain and may grant, sell, '' '
mortgage, lease and otherwise dispose of the same or any
part thereof.

8. All real and personal property now vested in Victoria Vesting
University, in the Board of Regents of Victoria University, in ° P;^°^®'' ^•
Union Theological College or the Board of Management
thereof shall be and it is herebv vested in the Board.

9. The Board shall have power, —

Powers
of Board.

(a) To make rules and regulations pertaining to the To maite
meetings of the Board and its transactions, for fixing regulations
the quorum of the Board, and for the appointment comm?t^tees?
of such committees as it may deem necessary, and i , - i
for conferring on any such committees power and <

authority to act for the Board in and in relation to
such matters as the Board may deem it expedient
to delegate to a committee with power to act for the
Board.

To make
other ap-
pointments.

(b) To appoint a Chancellor who may also be called
President of Victoria University, a Principal of
Victoria College, a Principal of Emmanuel College,
professors, lecturers, instructors, demonstrators,
tutors, masters and all officers, agents and servants
of the university and its colleges and to dismiss the
same and to determine their salaries, duties and
tenure of office which, unless otherwise provided,
shall be at the pleasure of the Board; provided,
however, that the members of the Faculty of
Emmanuel College shall be appointed or dismissed
only by a majority vote of the members of the
Board and also by a majority vote of those members
of the Board elected by the General Council of the
United Church of Canada present at a meeting duly
called for the purpose. No appointment to the
permanent teaching staff of either college shall be
made until the Chancellor and the Principal of such
college shall have consulted with the teaching staff
of the department concerned in the case of Victoiia
College, and with the council of the college, in the
case of Emmanuel College and until the result of
such consultation has been reported to the Board.
The appointment of the principal and professors of
Emmanuel College shall be subject to confirmation
by the General Council of the United Church of
Canada or by a duly authorized board or committee
of the General Council.

Respecting
membership
on Board.

(c) To make such regulations as may be necessary or
advisable for the holding of nominations and elections
for membership on the Board.

Respecting
retirement
and
gratuities

(d) To make regulations respecting and providing for the
retirement and superannuation of any of the persons
mentioned in clause (6), or the payment of a gratuity
to any of them upon retirement and provide that:
any superannuation or retiring allowance or gratuity
shall be paid out of a fund which may be created for
that purpose either with the money of the Board or
from contributions from such persons or partly by
both.

To invest
moneys.

(/) To lay out and expend such sums as the Board niay ^^^j®^^^*.
deem necessary for the erection, furnishing, main- buildings,
tenance and equipment of such buildings as are or
may be deemed necessary for the purposes of Victoria
University or the students thereof; provided, how-
ever, that the Senate and the council of the college
concerned shall be invited to inspect all plans of
buildings and may make suggestions with regard
thereto.

(g) To exercise all the powers for establishing faculties, fecuiues'.'eto.
departments, chairs and courses of instruction in
Victoria University and its colleges as have been
conferred on Victoria University or the Board or
Senate thereof by the said Royal Charter or by any
Act of the Legislature of the late Province of Canada
or of the Province of Ontario.

(h) To receive and administer all gifts, legacies, devises, and'admlnis-
grants, subscriptions and donations for Victoria t®r gifts.
University and its colleges.

(i) To impose tuition and other fees on the students of To fix fees.
Victoria University.

(7) To keep proper books of account of the financial To keep

rr • f X T- • TT • • 1 account of

aiiairs 01 Victoria University and to present a report financial
of the said university, accompanied by a duly report
audited financial account to each meeting of the ®^®°"-
General Council of the United Church of Canada.

(k) To establish a committee to be known as the Library To establish
Board to consist of four members appointed by the and control
Council of Victoria College, four members by the ^ ^^^^'
Council of Emmanuel College and four members by
the Board and to vest in such committee (subject to
such limitations as may be deemed advisable) the
care, control and management of the library of
Victoria University and its colleges.

(/) To make all such regulations and provisions and do General
all such matters and things as may seem necessary or ^ '
advisable for the welfare, advancement and good
government of Victoria University which are not by
this Act assigned to any other body.

10. If a vacancy occurs in the Board from among the Vacancies
members elected by the General Council of the United Church ^^ ^°*'"^-
of Canada such vacancy shall be filled by the executive
committee of the said General Council. If a vacancy occurs
from among the other members of the Board the vacancy
shall be filled by the Board, but in the case of a vacancy from
among the members elected by the graduates or by the

Alumni the Board shall appoint a graduate or alumnus as the
case may be, to fill the vacancy.

Execution of H. All deeds, mortgages, discharges of mortgages, papers,

documents. , 7 i ^i • ^ ^ •

documents, agreements and other mstruments m wntmg

shall be executed on behalf of the Board by the Chancellor or

the chairman of the Board and by the treasurer or the principal

of either college and the corporate seal of the university shall

be affixed thereto.

Senate and 12. — (1) There shall be a Senate of Victoria University
Tereof? *°" which shall consist of the following:

All members of the Board of Regents of Victoria Uni-
versity ;

All permanent members of the teaching staff of
Victoria College and Emmanuel College;

Six representatives elected every two years by the
graduates of the faculties of Arts, Medicine,
Science and Law of Victoria University ;

The six representatives to the Council of Emmanuel
College who shall have been elected by the Alumni
and

Two representatives appointed by Albert College.

First (2) The first members of the Senate in addition to the

members of . r a n ^ n .i . i

Senate. representatives of Albert College, the permanent members
of the teaching staff of Victoria College and of Emmanuel
College and of the members of the Board of Regents of
Victoria University and the six representatives to the Council
of Emmanuel College who shall have been elected by the
Alumni, shall be: H. W. Gundy, B.A.; H. W. Aikins, B.A.,
M.D.; Mrs. G. H. Duff, B.A.; Miss E. F. Adams, B.A.; F. H.
Clarke, B.A., and F. C. Colbeck, B.A., who shall be deemed
to be the six representatives elected by the graduates of the
Faculties of Arts, Medicine, Science and Law of Victoria
University.

Term of (3) The said members of the Senate shall hold office until

office of first ^, . i . i

members. their successors are elected.

flection to (^) The first election of members to the Senate shall be

Senate. held at such time in the year 1930 as may be determined by

the Senate.

of Senate. 13. The Senate shall have power, —

certain^regu- (^) To provide for the regulation and conduct of its
lations. proceedings, including the determination of the

quorum necessary for the transaction of business;

(b) Subject to the provisions of The University ^ct, toj^^fl^^^

provide for the granting of and to grant degrees, ^^^ ^^^^
including honorary degrees in the several colleges c. 337.
and faculties which are or may from time to time be
, established and to determine the courses of study
and qualifications for degrees ;

^ ' ° . •'. 1 1 • r ifiembersnip

and proper for the nommation and election 01 of senate.
members to the Senate;

(d) To make regulations and deal with all such matters ^g ^at^ons
of a strictly educational nature as have not in this o^^^duca-
Act been assigned to either of the colleges; nature.

(e) To summon and provide for the holding of Con- convoca^^ '

vocation, for the conferring of degrees and for suchtio"-
other purposes as may be determined by the Senate;

(J) To appoint the representative of Victoria University 5g°j.g^PP°^^*
on the Senate of the University of Toronto ; provided, gj^lte'cf
however, that no person who is a member of the University
Council of Emmanuel College shall be entitled to
vote on any such appointment;

(g) To deal with such other matters and affairs as niayG^enerai
from time to time be committed to it by the Board.

14. — (1) There shall be a Chancellor of Victoria University ^ent^and
who shall be appointed by the Board and shall hold office at chancellor
the pleasure of the Board. The Chancellor shall be charged
with the general oversight of the university as a whole. He
shall be the head of Victoria University within the meaning
of clause (a) of section 41 of The University Act. He shall J^s?®*^*"
preside at all meetings of the Senate and Convocation of
Victoria University and shall confer all degrees. He shall be
the General Secretary and Chief Administrative Officer of the
Board and shall have oversight of the business of the Board
in its administration of the property and funds of the Board.
He shall prepare and present annually to the Board a report
of the life and work of the university and its colleges and a
similar report to the General Council of the United Church of
Canada. He shall also perform such other duties and func-
tions as are essential to the university as a whole and which
have not been assigned to the heads of either of the colleges.
The Chancellor may, at the discretion of the Board, be the
acting head of either college.

(2) There shall also be a Vice-Chancellor who shall be ap- mentTnd
pointed by the Senate from among its members but who shall y'lci!^ °^
not be selected from the members of the teaching staff. The chancellor.

Continua-
tion of
Victoria
College.

15. The present Faculty of Arts established in Victoria
University and known as Victoria College in the University of
Toronto is hereby continued and shall also be known as
Victoria College of Victoria University.

Principal
of Victoria
College.

16. There shall be a Principal of Victoria College who shall
have general supervision of the work and life of the said
college and shall be the chairman of the Council of Victoria
College.

Council
of Victoria
College.

17. — (1) There shall be a Council of Victoria College which
shall consist of the Chancellor of Victoria University, the
Principal of Victoria College and all permanent members of
the teaching stafif of Victoria College together with one
professor in the Department of Religious Knowledge appointed
by the permanent members of the teaching staff of Emmanuel
College.

and'd™ ies ^^^ '^^^ Council of Victoria College shall have the following

of council, powers and duties:

To make
certain regu-
lations.

(a) To make rules and regulations for governing its own
proceedings, including the determining of the
quorum necessary for the transaction of business.

To make
regulations
respecting
■work and
life of the
College.

To transact

certain

business.

Respecting
applications
of students.

(d) To deal with and decide on all applications and
memorials by students or others upon which the
action of the college is required.

To conduct
examina-
tions.

To appoint
representa-
tives to
Senate of
University
of Toronto.

Rev. Stat.,
•c. 337.

(e) To conduct all examinations held by Victoria College.

(f) To appoint such representatives of the Faculty of

Arts to the Senate of the University of Toronto as
The University Act may authorize of whom one shall
be the Principal of Victoria College.

(g) To consider and report to the Board of Regents and upon® general
to the Senate or to either of them upon such matters matters.
affecting Victoria College as to the council may seem
meet.

18. Union Theological College as established by thCof^E

Constitution

executive committee of the General Council of the United coi?ege
Church of Canada under the authority conferred by the
United Church of Canada Act (Dom.) and the Faculty ofi924. o. loo
Theology now established in Victoria University are hereby
united and amalgamated into one theological college of
Victoria University to be known as Emmanuel College which
shall have and exercise all the rights and enjoy all the privileges
now pertaining to Union Theological College save as these may
be affected by the provisions of this Act.

19. There shall be a Principal of Emmanuel College who as ment and
Chief Administrative Officer of the College Council shall have pj^ncipai.
general supervision of the work and life of the said college.
He shall call all meetings of the council and preside thereat.
He shall be the head of the college within the meaning of
clause (a) of section 41 of The University Act.

20.— (1) There shall be a Council of Emmanuel College Jf°c"ouSo?
which shall consist of the Chancellor of Victoria University, cSiiege""^*
the Principal and all members of the permanent teaching
staff of Emmanuel College and the following who are not
members of the Board, namely: six members elected every
two years by the General Council of the United Church of
Canada and six members elected every two years by the
Alumni of Emmanuel College. The Chancellor of Victoria
University, the Principal and members of the permanent
teaching staff shall constitute the permanent executive of the
council.

(2) The first members of the Council of Emmanuel College m^bers or
in addition to the Chancellor, the Principal and the members cJo^ncii.
of the permanent teaching staff of the college shall be: Rev.
A. P. Addison, B.A., D.D.; Rev. J. F. Anderson, B.A.,
B.D.; Rev. F. L. Barber, B.A., Ph.D.; Rev. H. J. Pritchard,
B.A.; Rev. A. L. Smith, M.A., B.D., and Rev. W. R. Taylor,
M.A., Ph.D., who shall be deemed to be the six members
elected by the General Council of the United Church of
Canada, and Rev. J. H. Arnup, B.A., D.D.; Rev. W. B.
Creighton, B.A., D.D.; Rev. G. B. King, M.A., B.D., Ph.D.;
Rev. Geo. Little, B.A.; Rev. R. S. Laidlaw, D.D., and Rev.
Robert Martin, D.D., who shall be deemed to be the six
members elected by the Alumni of Emmanuel College and
shall hold office until their successors are elected. The first
election of members to the council shall be held at such time
in the year 1930 as may be determined by the council.

21. The Council of Emmanuel College shall have the

I Powers
and duties , ,, . i j ^•

of Council. foUowmg powers and duties:

To deter-
mine theo-
logical curri-
iculum.

To prepare
courses of
study. in
Divinity, j

(a) To determine the theological curriculum in harmony
with the general principles laid down by the General
Council of the United Church of Canada.

(&) To prepare courses of study for degrees in Divinity
and submit the same to the Senate of Victoria
University for its approval.

To arrange
for teaching
and ex-
aminations
and grant
diplomas.

(c) To arrange for the teaching and examining of the
students and to grant diplomas, certify to presbytery
the students who have completed their course of
study for ordination, and report to the Senate of
Victoria University the standing of students
courses leading to degrees in Divinity.

To oversee
■work and life
of College.

To appoint
representa-
tives.

Respecting
affiliation of
other schools
and colleges.

Respecting
election of
members of
council.

General
powers.

Joint
meetings.

(e) To appoint to the Senate of the University of Toronto
and to the Council of the Faculty of Arts such repre-
sentatives as The University Act may authorize.

(J) To determine, subject to the final ratification of the
Senate of Victoria University and of the Board
what schools or colleges, if any, of the United
Church of Canada, whose purpose is to train students
for christian service, may become affiliated with the
college and the terms of such affiliation.

(g) To make such regulations as may be deemed neces-
sary or advisable for the holding of nominations and
elections of such members of the council as are to
be elected by the alumni.

(h) To consider and report to the Board and to the
Senate, or to either of them, upon any matters
affecting the college as to the council may seem meet.

ment and 23. There shall be a Registrar of Victoria University who

reSa/. shall be appointed by the Board. The Registrar shall also

24.— (1) There shall be a committee to be called the JfP(5|^**^"°'»
Caput which shall be composed of the Chancellor, the Prin-
cipal of Victoria College and the Principal of Emmanuel
College.

(2) The Caput shall have disciplinary jurisdiction over the piscipiinary
conduct of the students of Victoria University and its colleges, of caput.
Disciplinary jurisdiction shall include the power to impose
fines.

25. All the graduates and undergraduates of Albert P/|f|[J^tQ^°»
College shall have and enjoy the same rights, degrees, honours graduates

- ■ • "ITT* 'XT* • 1 3.nQ unci 61*"

and status m connection with Victoria university as they graduates of ,

Albert

enjoyed in connection with said Albert College on the first college.
day of July, 1884.

26. The said Albert College is hereby affiliated with the ^/^i^^jo."^
said Victoria University, and shall be entitled to two repre- College.
sentatives upon the Senate of the said university.

27. The following shall be the first members of the Board members of
of Regents of Victoria University: Regents.^

Rev. Richard Pinch Bowles, M.A., D.D., LL.D.,
who shall be Chancellor and President; Rev. Alfred
Gaudier, M.A., D.D., LL.D., who shall be Principal
of Emmanuel College; the Principal of Victoria
College (when appointed); A. E. Ames, Esq.; Rev.
C. W. Bishop, B.A., D.D.; Thomas Bradshaw, Esq.;
Rev. R. N. Burns, B.A., D.D.; Rev. S. D. Chown,
D.D., LL.D.; Rev. W. G. Clarke, B.A.; Rev.
Trevor H. Davies, D.D. ; Rev. J. M. Duncan, D.D. ;
H. H. Fudger, Esq. ; Rev. J. W. Graham, B.A., D.D.,
LL.D.; Rev. W. L. Hiles, B.A.; Rev. A. J. Irwin,
B.A., D.D.; Rev. George A. Macdonald, B.A.;
Rev. D. C. McGregor, D.D.; A. H. Perfect, M.D.;
Rev. George C. Pidgeon, D.D. ; Hon. N. W. Rowell,
LL.D., K.C.; W. E. Rundle, Esq.; Norman Slater,
Esq.; Rev. W. J. Smith, B.A., D.D.; Sir James
Woods; E. R. Wood, LL.D.; A. R. Auld, Esq.;

lb'

Mrs. G. J. Blewett, B.A.; James Brown, Esq.;
H. C. Cox, Esq. ; C. T. Currelly, M.A. ; F. H. Deacon,
Esq.; Mrs. R. G. Dingman, B.A.; Mrs. D. A.
Dunlap; Lady Flavelle; A. R. Ford, B.A.; D. E.
Hughes, Esq.; Geo. H. Locke, M.A., Ph.D., LL.D.;
Rev. S. T. Martin, D.D.; A. J. Mitchell, Esq.;
F. N. G. Starr, C.B.E., M.D., CM., F.A.C.S.;
J. R. L. Starr, B.A., LL.B., K.C.; G. H. Wood, Esq.,
who shall hold office until the first election to the
Board. The first twenty- two named herein, apart
from the three ex-officio members of the Board, shall
be deemed to be the representatives to the Board,
from the General Council of the United Church of
Canada and shall hold office on the Board until
their successors are elected or appointed at the
meeting of the General Council to be held in the
year 1930. The first election of the other members
of the Board shall be held at such time in the year
1930 as may be determined by the Board.

1915, c. 91,
repealed.

28. The Act passed in the 5th year of the reign of His
Majesty King George V, and chaptered 91, is hereby repealed.

Commence-
ment of
Act.

29. This Act shall come into force on the 1st day of August,
1928.

PI-

S' H

^ -• ^

« ;j O
X

o
JL
n"

2
»

C!.

PJ-

cS"

«>

^=i

t^vi

c
p

•-1

«>

|SJ

C/J

?i-

o^s

■■

OK)

3
>

3 </}

•3 o

CTQ t^.

o' O
P D.

" p'

crq

tsj

No. 45.

1928.

BILL

An Act to amend An Act respecting the Sarnia
General Hospital.

WHERKAS the municipal council of the city of Sarnia P'"®^"^^'®-
has by its petition represented that by an Act passed
in 1920, chaptered 163, intituled An Act respecting the Sarnia
General Hospital, it was enacted that the municipal council
of the city of Sarnia might appoint three trustees to be known
as the "Hospital Commission"; and that it is now desirable
to increase the said Hospital Commission to the number of
five trustees; and that by the said Act, the corporation of
the city of Sarnia was enabled to pass by-laws from time to
time without submitting the same to the vote of the electors
for their assent, the extent of the money to be borrowed by
the said corporation not to exceed in the whole the sum of
$150,000; and that the city has already raised the sum of
$83,000 for hospital purposes under the said Act ; and that an
addition is necessary to the present hospital by reavSon of the
fact that patients are no longer to be allowed upon the third
floor of the said hospital owing to the non-fireproof construc-
tion of the said hospital, and also by reason of the fact that
the municipality of the city of Sarnia has outgrown the
present hospital accommodation; and whereas the said
corporation has by its said petition prayed that it may be
enacted as hereinafter set out; and whereas it is expedient
to grant the prayer of the said i)eiition;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Tliis Act ina>' be cited as The Saniin (ieneral I fospilal short tMe.

Ar/, 1<)2S.

2. The Act passed in 1920, chaptered 163. intituled An^^'^o, c. las,
Act respecting the Sarnia General Hospital, is amended by repealed,
striking out vSection 3 and substituting therefor the following:

3. The conduct of the affairs of the said hospital shall beAppoint-
^ , . . . ^ ^ ' , , ment of

vested m a commission ot hve trustees to be known Hospital

Commission.

as "The Hospital Commission," to be appointed by
the municipal council of the city of Sarnia, the
present three trustees to serve for the term for
which they have been appointed and the two new
trustees to be appointed to serve for a term of two
and three years respectively from the 1st day of
February in the year in which the appointment is
made and thereafter the trustee or trustees to be
appointed in each year for a term of three years to
take the place of the trustee or trustees whose
term or terms shall have expired, but no more
than one member of the municipal council of the
city of Sarnia shall be eligible for appointment as
a hospital trustee.

1920, c. 163,
s. 7,
amended.

2. Section 7 of the said Act is amended by striking out
the words and figures "not exceeding in the whole $150,000"
in the third and fourth lines and inserting in lieu thereof the
words "so as not to exceed the sum of $300,000 outstanding
at any one time."

21 "0

3 2.

tNJ

>•«,

■-^

?i.

«>

5*.

Cro

'Si r^

&J c

3. 1

(T CI.

^ >

->
o

■n ft

No. 46.

1928.

BILL

An Act respecting St. Andrew's Presbyterian
Church at Grafton.

WHEREAS certain members of the Presbyterian Church Preamble,
in Canada at the village of Grafton, in the county of
Northumberland, long known as St. Andrew's Presbyterian
Church, as constituted before the 10th day of June, 1925,
who voted against union with the United Church of Canada,
have by their petition represented that they have continued
to worship together as a congregation of Presbyterians,
which makes the Westminster confession of faith the rule by
which public worship and divine service is conducted, in
conformity with the provisions of the Trust Deed made by
John Grover, Esq., on the 12th day of September, 1844, and
in conformity with the provisions of the trust deed made by
The Honourable George Strange Boulton on the 22nd day
of August, 1850, creating trusts affecting the St. Andrew''s
Presbyterian Church and manse at the village of Grafton
aforesaid in favour of a congregation of Presbyterians adhering
to the Westminster confession of faith in manner as aforesaid,
and have further thereby represented that the trustees of the
said property, William H. Johnston, J. C. Hutchison and
John Underw^ood, in violation of the terms of the trust deeds,
are devoting and permitting the said property to be devoted
to the use of a congregation of the United Church of Canada
at -Grafton to the exclusion of the petitioners as a congregation
of Presbyterians which makes the Westminster confession of
faith the rule by which public worship and divine service is
conducted; and whereas an action is now pending in the
Supreme Court of Ontario in which one John W. Aird and
other members of the congregation of the Presbyterian
Church in Canada at the village of Grafton are plaintiffs,
and William H. Johnstrui, j. C. Muuliison and John Under-
wood, who were trustees under the said deeds of the said
property prior to the 10th day of June, 1925, are defendants,
for enforcement of the terms of the said trust deeds, in which
action the defendants are contending that by virtue of the
provisions of the Act passed in 1925, chaptered 125, the
defendants hold the said property for the benefit of a con-
gregation being part of the United Church of Canada at

Short title.

Grafton and that the plaintiffs are precluded by the provision
of an Act passed in 1926, chaptered 14, from maintaining this
action ; and whereas the petitioners have by their said petition
prayed that it may be declared that the church premises
occupied and enjoyed by the congregation of St. Andrew's
Presbyterian Church at Grafton prior to the 10th day of
June, 1925, have continued to be the property of the said
congregation subject to the trusts of the said trust deeds,
and that the said St. Andrew's Presbyterian Church con-
gregation has continued to exist as a congregation adhering
to the provisions of the said trust deeds and worshipping
according to the Westminster confession of faith and that
such premises be vested in trustees for the said congregation
subject to the terms of the said trust deeds; and whereas it is
expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Grafton Presbyterian
Church Act, 1928.

Certain
property
to -remain
vested in
congrega-
tion; 1925,
c. 125.

2. All those certain lands described in schedule "A"
hereto, upon which are erected a church and manse occupied
and enjoyed by the St. Andrew's Presbyterian Church con-
gregation at Grafton as church property prior to the coming
into force of The United Church of Canada Act, remain the
property of the said congregation and, subject to the terrrs of
a trust deed made by John Grover, Esquire, dated the 12th
day of September, 1844, and of a certain other trust deed
made by The Honourable George Strange Boulton on the
22nd day of August, 1850, creating certain trusts affecting
the said lands, as if the said Act had not been passed and
notwithstanding anythiiig herein or in any other Act con-
tained.

Sonlilfitred ^ ^^ ^^ hereby further declared that the said congregation
to have con- known as St. Andrew's Presbvterian Church at Grafton has

tinued in . . t-« i' • -

existence. contmued to exist as a Presbyterian congregation adhering

to the Westminster confession of faith in conform.ity with
the said trust deeds, independently of the United Church of
Canada and notwithstanding the fact that a majority of the
members of the said congregation as it existed prior to the
10th day of June, 1925, have left the same and joined with
the United Church of Canada as if the Ignited Church Acts
recited above had not been passed and notwithstanding any-
thing therein or in any other Act contained.

Lands
vested in
trustees.

4. The said church lands and premises are vested in John
W. Aird, G. M. Creighton and Hugh Ross of the village of

Grafton, members of the congregation and of the Board of
Managers of St. Andrew's Presbyterian Church at Grafton,
in the county of Northumberland, as trustees for the said
congregation subject to the terms of the said trust deeds.

5. This Act shall come into force on the day upon which Se?K'"'"'
it receives the Royal Assent. ^°*'-

SCHEDULE "A"

Parcel 1.

All that certain tract or parcel of land situate lying and being in the
Village of Grafton aforesaid and being composed of a part of lot number
Twenty-three in the Broken front concession A of the Township of
Haldimand aforesaid and containing by admeasurement two roods and
ten poles and may be otherwise known as follows, that is to say: Com-
mencing at the Southwest angle of village lot number nine in Grafton
then South sixty-one degrees forty-five minutes West one chain and eight
and a half links Then North Eighty-seven degrees, forty-five minutes
west one chain sixty-three links Then North fifty-eight degrees west one
chain, Then North thirty-five degrees forty-five minutes east Two chains
Then South fiftv-four degrees east three chains sixty-three links to the
place of beginning. Together with a piece of land to be used as an
approach to the land already described containing twenty-one perches
nineteen yards and four feet and bounded as follows on the North by the
Mail road on the East by a Lot of land owned by Albert Baker and on
the West by a lot of land owned by one David Ross.

Parcel 2, .

All that certain parcel or tract of land situate lying and being in the
Village of Grafton in the said County being composed of lots numbers
three and four in the Second tier or lots laid down in a plan made by
George Caddy a Deputy Surveyor and being part of the South quarter of
lot number twenty-three in the first concession of the Township of
Haldimand and containing by admeasurement half an acre be the same
more or less.

Parcel 3.

All and singular that certain parcel or tract of land and premises
situate lying and being in the Township of Haldimand, in the County of
Northumberland, and Province of Ontario and being composed of a Lot
in the Village of Grafton in said Township containing about one-quarter
of an acre and situate near the Presbyterian Church, and which said Lot
is more particularly described as follows, that is to say: Being part and
parcel of Lot number twenty-three (23) in Broken Front Concession "A"
of the said Township of Haldimand, and being Lot number Nine (9) on
the South side of the Danforth Road, which is butted and bounded or
may otherwise be known as follows, that is to say: Commencing where
an allowance for Road between village lots numbers eight and nine inter-
sects the Danforth Road at the northeasterly corner of said Lot number
Nine; then South fifty-six degrees east one chain; then south thirty-four
degrees west two chains and fifty links; then north fifty-six degrees West
one chain; then North thirty-four degrees east two chains and fifty links
to the place of beginning.

■-o

•^

Q-

■n

<S>.

3^a

cr fB

5 >

o O-

No. 47.

1928.

BILL

An Act respecting the Township of Sandwich East.

Therefore. His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: — ■■

1. This Act may be cited as The Township of Sandwich Short titi«.
East Act, 1928.

2. By-law number 1153 of the municipal corporation of the By-law
township of Sandwich East, passed on the 1st day of February, confirmeci.
1928, authorizing the issue of debentures to the amount of

SI 24,550 for certain sewers constructed as local improvements,
and all debentures issued or to be issued thereunder are
hereby confirmed and declared to be legal, valid and binding
upon the said corporation and the ratepayers thereof.

3. This Act shall come into force on the day upon which ment^cff""^'
it leceives the Royal Assent. Aot.

-t

p^»

•T3

"l^

tVi

^--^

?5-

«i

Pi.

<s..

>S1

T3.

(-!■

rr
re

No. 47.

1928.

[BILL

An Act respecting the Township of Sandwich East.

WHEREAS the municipal corporation of the township of Preamble.
Sandwich East has by its petition represented that
by-law number 1153 was duly passed by the council of the
said corporation on the 1st day of February, 1928, authorizing
the issue of debentures to the amount of $124,550 for certain
sewers constructed as local improvements; that certain
doubts have arisen as to the validity of said by-law I^"owing
to the fact that the corporation's portion of the cost of the
sewers on Grand Marais Road and Remington Avenue
therein mentioned is charged upon designated areas benefitted
by the work and net upon the corporation at large and by
reason of irregularities in the local improvement proceedings
authorizing the balance of the sewers mentioned in said
by-law*^I ; and. that it is desirable that the said by-law and
the debentures issued or to be issued thereunder should be
validated and confirmed ; and has by its said petition prayed
that an Act may be passed validating the said by-law; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Sandivich Short titiBi
East Act, 1928.

2. — (1) Subject to subsection 2, By-law number 1153 of thcNo'^iTsa
municipal corporation of the township of Sandwich East, confirmedi
passed on the 1st day of February, 1928, authorizing the issue
of debentures to the amount of $124,550 for certain sewers
constructed as local improvements, I^*a true copy of which
is set out in schedule "A" to this Act'^J and all debentures
issued or to be issued thereunder are hereby confirmed and
declared to be legal, valid and binding upon the said corpora-
tion and the ratepayers thereof.

•(2) Subsection 1 shall not affect any application now Application
pending or which may be made prior to the 15th day of April, affected.

1928, to quash the said by-law, but any such application may
be proceeded with and adjudicated upon in all respects as if
subsection 1 had not been passed.

utigatimi nott^*3. Nothing in this Act contained shall affect or prejudice
affected. jj^ ^^j^y manner the rights or obligations of any party to the
proceeding now pending before the Drainage Referee, under
the provisions of The Municipal Drainage Act, in which the
municipal corporation of the township of Sandwich West and
others are appellants, and the municipal corporation of the
township of Sandwich East is respondent.

Commence-
ment of
Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE "A."

Township of Sandwich East,

By-law No. 1153.

A By-law to provide for the borrowing of $124,550.00 upon debentures
to pay for the construction of certain local improvements.

Whereas pursuant to Construction By-laws Numbers 1107 as amended
by 1147; 1091 as amended by 1146; and 1117C, certain works have been
constructed of the nature, on the streets and between the points as shown
in columns 2, 3, 4 and 5 of Schedule "A ' hereto as local improvements
under the provisions of The Local Improvement Act;

And whereas the total cost of the sewer on Grand Marais Road de-
scribed as work No. 1 in said Schedule "A'.' is as shown in column 6 of
said Schedule "A," of which $71,637.39 is to be assessed and levied on
the whole rateable property in the section or area defined by Construction
By-law Number 1107 as amended by By-law Number 1147, being the
area described in Schedule "B ' hereto annexed;

And whereas the total cost of the sewer on Remington Avenue de-
scribed as work No. 2 in said Schedule "A" is as shown in column 6 of
said Schedule "A," of which $16,270.47 is to be assessed and levied on
the whole rateable property in the section or area defined by Construction
By-law Number 1091 as amended by By-law Number 1146, being the
area described in Schedule "C" hereto annexed;

And whereas the total cost of each of the other works mentioned in
Schedule "A" and the Corporation's portion thereof are shown in columns
6 and 7 respectively of said Schedule "A";

And whereas the owners' portion of the cost of each of the said works
for each of which a special assessment roll has been duly made and certified
is shown in column 8 of said Schedule "A";

And whereas the estimated lifetime of each of the said works is twenty-
one years;

And whereas it is necessary to borrow the sum of $124,550.00, being
the total cost of all of the said works, as shown in column 6 of said Schedule
"A", on the credit of the corporation and to issue debentures therefor,
bearing interest at the rate of Five and one-quarter per cent, per annum,
which is the amount of the debt intended to be created by this by-law;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of twenty years of such amounts
respectively that the aggregate amount payable for principal and interest
in any year shall be equal as nearly as may be to the amount so payable
for principal and interest in each of the other years;

And whereas it will be necessary to raise annually the sums as shown
in column 9 of said Schedule "A" aggregating $10,207.16 during the
period of twenty years to pay the said yearly sums of principal and interest
as they become due, of which the sums shown in column 10 of said Schedule
"A" aggregating $7,371.07 are required to pay the corporation's or area's
portion of the cost and interest thereon and the sums as shown in column 1 1
of said Schedule "A" aggregating $2,836.09 are required to pay the owners'
portion of the cost and interest thereon;

And whereas each of the said works has been approved by the Depart-
ment of Health for Ontario;

And whereas the amount of the whole rateable property of the Muni-
cipality, according to the last revised assessment roll, is $4,109,965.00;

And whereas the amount of the existing debenture debt of the Cor-
poration, exclusive of local improvement debts secured by special rates or

assessments, is $128,601.87 and none of the principal or interest is in
arrear;

Now therefore the Municipal Council of the Corporation of the Town-
ship of Sandwich E^st enacts as follows:

1. That for the purpose aforesaid there shall be borrowed on the credit
of the Corporation at large the sum of $124,550.00 and debentures shall
be issued therefor in sums of not less than $50.00 each, bearing interest
at the rate of Five and one-quarter per cent, per annum, payable half-
yearly, and having coupons attached thereto for the payment of the
mterest.

2. The debentures shall all be dated as of the 15th day of September,
1927, and shall be payable in twenty annual instalments of princioal and
interest, the principal being payable on the 15th day of September in
each of the years 1928 to 1947, inclusive, and the interest shall be payable
on the 15th days of March and September in each year, and the respective
amounts of principal and interest payable in each of such years shall be in
accordance with the statement appearing in Schedule "D" to this by-law,
which is hereby declared to be and form part of this by-law.

3. The debentures as to both principal and interest may be payable
at any place or places in Canada.

4. The Reeve of the Corporation shall sign and issue the debentures
and the said debentures and the interest coupons shall be signed by the
Treasurer of the Corporation and the debentures shall be sealed with the
seal of the Corporation. The signature of the Treasurer upon the coupons
may be written, stamped, lithographed or engraved.

5. During twenty years, the currency of the debentures, the sum of
$10,207.16 shall be raised annually for the payment of the debt and
interest as follows:

The sum of $5,870.85 shall be raised annually for the payment of the
area's portion of the cost of the sewer on Grand Marais Road referred to
as work No. 1 in said Schedule "A" and the interest thereon, and shall
be levied and raised annually by a special rate sufficient therefor over
and above all other rates on the whole rateable property in the section
or area defined by Construction By-law Number 1107 as amended by
By-law Number 1147, being the area described in Schedule "B" hereto
annexed.

The sum of $1,333.40 shall be raised annually for the payment of the
area's portion of the cost of the Remington Avenue sewer described as
work No. 2 in said Schedule "A*' and the interest thereon, and shall be
levied and raised annually by a special rate sufficient therefor over and
above all other rates on the whole rateable property in the section or area
defined by Construction By-law Number 1091 as amended by By-law
Number 1146, being the area described in Schedule "C" hereto annexed.

The sum of $166.82 shall be raised annually for the payment of the
Corporation's portion of the cost of the other works referred to in said
Schedule "A" and the interest thereon, and shall be levied and raised
annually by a special rate sufficient therefor over and above all other
rates on all the rateable property in the Municipality, at the same time
and in the same manner as other rates.

For the payment of the owners' portion of the cost and the interest
thereon, the special assessments set forth in the said special assessment
rolls are hereby imposed upon the lands liable therefor as therein set
forth; which said special assessments, with a sum sufficient to cover
interest thereon at the rate aforesaid, shall be payable in twenty equal
annual instalments of $2,836.09 each, and for that purpose the equal
annual special rates per foot frontage set forth in the said special assess-
ment rolls are hereby imposed upon the lots entered in said special assess-
ment rolls, according to the assessed frontage thereof, over and above all
other rates and taxes, which said special rate shall be collected annually

by the Collector of Taxes for the Corporation, at the same time and in
the same manner as other rates.

6. The debentures may contain any clause providing for the registration
thereof, authorized by any Statute relating to Municipal debentures in
force at the time of the issue thereof.

7. The amount of the loan authorized by this by-law may be con-
solidated with the amount of any loans authorized by other local improve-
ment by-laws, by including the same with such other loans in a con-
solidating by-law authorizing the borrowing of the aggregate thereof as
one loan, and the issue of debentures for such loan in one consecutive
issue, pursuant to the provisions of the Statute in that behalf.

8. This By-law shall take effect on the day of the final passing thereof.

Passed this 1st day of February, 1928.

J. E. Ferrari, F. G. Belleperche,

Reeve. Clerk.

11-

vi C

lO 0\ «S 00

OO "O tn -^

f<i

C I-"

«*'0 Tt m rt

00_

c
c

O a

"5 O «^ lO

«^

00 Tf Ov 00

Area or

Corpora

tion's

portion

O fO fN PO

t^ r'l f^t -rt*
i/^00 f^ ^

lO »-"

t^*

O "~- CN Ov

■t-t

£.2

?5 a;

O OS O lO
^ fN 1^5 tN

»/^ O "^ 0\

C-o

«5iO 00 O ^

r>i

t--." .-c

^^ <*5 (T) «-l

VO lO lO Ov

4).S

C^l 0\ OS Tf

O CN 0> '-H

c •}-'

€^iO f^_ T*^ 00

o" "^' o" »-i*

O c

r^i

0\ t-~ J^ Os

CO ^ ^ O

•<*<

°i-=.i

t^ O O lO

rn t^ O r*5

■*

?^ a o t"

«/^\o cs IT) lo

0\_^

(u r~..-i u

■rt o ^

o o o o

2t^

o o o o

o o o »o

o o

«^<M_ 0_ 0_ f*^_

C-T tN 00~ fs"

•*"

OS cs

■ 4-J +J

• . ■ . cnc/)

■ C <U C . o w

eRd,
s drai
ie Av
s drai
I St..
Pacifii
Pacifi

Pillett
Marai
Eugen
Marai
Li'lian
South
South

T3-d'a ■ ! ;

Gran
ais R
Gran
Ave.
e. . .

-c

2^2§<J

Alexis R
outlet in
Grand IV
outlet in
Remingt
Eugenie
Lillian S

ScToi^ : : :

d Marais :
h necessa
ngton Avi
;h necessa
nie Ave. .

n St

nie Ave. .

£1

ram
wit
emi
wit
uge:
illia
ugei

O « UJW

SJ-^

3^0

U U li Vh

lu a> (u V

^ ^ ^ ^
c^ c^ J^ c^

^ CS rO ■^

12;

SCHEDULE "B."

All and singular that certain parcel or tract of land and premises
situate lying and being in the Second Concession of the Township of
Sandwich East in the County of Essex and Province of Ontario, being
composed of parts of Farm Lot 99 to 110 inclusive and which parcel
may be more particularly described as follows:

Commencing at the intersection of the northerly limit of the Grand
Marais Road and the westerly limit of Farm Lot 99, thence northerly
and along the westerlv limit of Farm Lot 99 to the southerly limit of
Tecumseh Road, thence easterly and along the southerly limit of Te-
cumseh Road to the northwesterly angle of Registered Plan (1003),
thence southerly and along the westerly limit of said Registered Plan
(1003), to the southwesterly angle of the said Registered Plan 1003,
thence easterly and along the said southerly limit of said Registered
Plan 1003 to the southeasterly angle thereof, thence northerly and along
the easterly limit of the said Registered Plan 1003 to the southwesterly
angle of Lot 1 according to plan of survey of part of Farm Lot 104, thence
easterly and along the northerly limit of the alley of the said plan of
survey of part of Farm Lot 104, the alleys of Registered Plans 1088-
1102-1123 and the production easterly to a point one hundred feet east
of Pellette Road, thence southerly and parallel to Pellette Road to a
point at right angles to Pellette Road from the northwesterly angle of the
Grand Marais Road and Pellette Road, thence westerly to the said north-
westerly angle of Pellette Road and Grand Marais Road, thence northerly
and along the westerly limit of Pellette Road to the northerly limit of
the south half acre of the east part of Farm Lot 109 (north of Grand
Marais Road), thence westerly and along the northerly limit of the said
south half acre of the east part of Farm Lot 109 to the easterly limit of
Arthur Road, thence westerly to the northeasterly angle of Lot 49, Regi-
stered Plan 1276, thence westerly along the rear of lots facing Grand
Marais Road across Registered Plans 1276-1123-1102-1088, thence con-
tinuing westerly and parallel to the northerly limit of the Grand Marais
Road and to the northeasterly angle of Lot 100 according to Registered
Plan 1109, thence westerly along the rear of lots fronting on the Grand
Marais Road across Registered Plan 1109 and 1140 to the northeasterly
angle of Lot 386 of Registered Plan 1140, thence southerly along the
easterly limit of Lot 386 of Registered Plan 1140 to the northerly limit
of the Grand Marais Road, thence westerly and along the northerly
limit of the Grand Marais Road to the easterly limit of Lot 99, thence
southerly along the last mentioned limit to the northerly limit of Grand
Marais Road, thence westerly along the said northerly limit of the Grand
Marais Road to the place of beginning.

SCHEDULE "C."

All and singfular that certain parcel or tract of land and premises
situate lying and being in the Township of Sandwich East in the County
of Essex and Province of Ontario, being composed of parts of Farm Lots
86-87-88 and 89, all of Registered Plans Numbers 1137-1097-1106 and
all of registered plan Number 1090 except the lots immediately adjoining
Remington Avenue between the Grand Marais Road and Eugenie Avenue
and which parcel may be more particularly described as follows:

Commencing at the intersection of the Grand Marais Road and the
Westerly limit of Registered Plan Nc. 1090, thence northerly and along
the said westerly limit of Registered Plan 1090 to the easterly limit of
Howard Avenue or the southwesterly angle of Registered Plan No. 1137,
thence northerly and along the easterly limit of Howard Avenue to the
northerly limit of the right-of-way of the Canadian Pacific Railway,
thence easterly and along the said northerly limit of the Canadian Pacific
Railway to the easterly limit of Farm Lot 89, thence southerly and along
the last mentioned limit to the southeasterly angle of Registered Plan
No. 1137, thence westerly and along the southerly limit of Registered
Plan 1137 to the easterly limit of Registered Plan 1097, thence southerly
and along the said easterly limit of Registered Plan 1097 to the northerly
limit of the Grand Marais Road, thence westerly along the northerly
limit of the Grand Marais Road to the easterly limit of Lot 1, of Registered
Plan 1090, thence southerly and along the said easterly limit of Lot 1,
Registered Plan 1090, to the northerly limit of the Grand Marais Road,
thence westerly and along the northerly limit of the Grand Marais Road
, to the place of beginning.

SCHEDULE "D"

No.

Principal Interest

Total

1 $3,668 28

2 3,860 86

3 4,063 57

4 4,276 90

5 4,501 44

6 4,737 76

7 4,986 50

8 5,248 29

9 5,523 82

10 5,813 82

11 6,119 04

12 6,440 29

13 6,778 41

14 7,134 27

15 7,508 83

16 7,903 05

17 8,317 95

18 8,754 64

19 9,214 26

20 9,698 02

$6,538 88

$10,207 16

6,346 30

10,207 16

6,143 59

10,207 16

5,930 26

10,207 16

5,705 72

10,207 16

5,469 40

10,207 16

5,220 66

10,207 16

4,958 87

10,207 16

4,683 34

10,207 16

4,393 34

10,207 16

4,088 12

10,207 16

3,766 87

10,207 16

3,428 75

10,207 16

3,072 89

10,207 16

2,698 33

10,207 16

2,304 11

10,207 16

1,889 21

10,207 16

1,452 52

10,207 16

992 90

10,207 16

509 14

10,207 16

p>
8'

C/}

(^0

t\i

§ H-

ex.

vO
00

C/)

CfQ

r-f-

n
o

No. 48.

1^J2&

BILL

An Act respecting the City of North Bay.

WHEREAS the corporation of the city of North Bay has Preambte.
by its petition represented that the said corporation
has incurred a floating debt of $32,000, all of which is for
works of a permanent character which, if paid out of current
revenue, would be unduly burdensome and oppressive on the
ratepayers of the corporation; and that the petition of rate-
payers, on basis of which Local Improvement by-law number
780 of said corporation was passed and work undertaken was
defective; and that two assessment rolls were prepared in
connection with work undertaken under Local Improvement
by-law number 780 of the said corporation whereas only one
special assessment roll should have been prepared for the
whole work undertaken under said by-law; and that it is
expedient to withdraw the two special assessment rolls
prepared under by-law number 780 and that one special
assessment roll be prepared for all work done under said
by-law number 780 so as to impose an equal rate per foot
frontage on all lots fronting or abutting on said work; and
whereas the said corporation has, by its petition, prayed
that it should be enacted as hereinafter set forth; and whereas
it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of North Bay Act, Short tm^.
1928.

2. The floating debt of the corporation of the city of North Floating
Bay is consolidated at the sum of $32,000, and the said soUdated at
corporation may borrow by a special issue of debentures a ' '

sum not exceeding $32,000 for the purpose of paying the said
floating debt which debentures shall be made payable in not
more than fifteen years from the date thereof.

3. The said debentures shall be in sums not less than $100 Debentures,
each, and shall bear interest at a rate not exceeding five perinterest.

48 '

Equal
annual in-
stalments
of principal
and interesl.

Special
rates.

Application
of proceeds
of deben-
tures.

Assent of
electors not
required.

Rev. Stat.,
c. 233.

centum per annum and may be issued either with or without
coupons attached thereto for interest and. shall be payable
at such place or places as the corporation may deem expedient.

^ 4.. The said debentures shall be payable in equal annual
instalments of principal an'd interest in such manner and of
such amounts that the 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 the period for which the debentures are to run.

5. The said corporation shall levy in each year during the
periods within which the said debentures are to run, in
addition to all other rates, special rates sufficient to produce
and pay the annual instalments of principal and interest
falling due upon the said debentures.

6. The debentures to be issued under the authority of
section 2 of this Act and all moneys arising from the sale
thereof shall be applied in payment of the said floating debt
and for no other purpose.

t. It shall not be necessary to obtain the assent of the
electors of the city of North Bay to the passing of any by-law
which shall be passed under the authority of this Act, or to
observe the formalities in relation thereto prescribed by
The Municipal Act.

Irregularity
in form not
to invalidate

8. No irregularity in the form of the said debentures or
any of them, or of any by-law authorizing the issue thereof,
shall render the same invalid or illegal, or be allowed as a
defence to any action brought against the said corporation
for the recovery of the said debentures or interest or any
part thereof; and the purchaser or holder thereof shall not
he bound to enquire as to the necessity of passing said by-law
or issuing debentures or as to the application of the proceeds
thereof.

to^eeif*'^ 9- It shall be the duty of the treasurer, for the time being.

of account'!^'' of the said city, to keep, and it shall be the duty of each of
the members, from time to time, of the council to procure
such treasurer, to keep, and see that he does keep, a proper
book of account, setting forth a full and particular statement,
so that the same shall at all times show the number of deben-
tures which from time to time shall be issued under the
powers conferred by section 2 of this Act, and the respective
amounts, payment of which is thereby secured, and at the
times of which the said debentures shall respectively become
due and payable, and the several amounts which shall from
time to time be realized from the sale or negotiation of the

said debentures, and the application which shall from time to
time be made of the said amounts and the said book of account
and statement shall at all times, and at all reasonable hours,
be open to the inspection of any ratepayer of the said city
and of any of the holders, from time to time, of the debentures
which shall be issued under the powers conferred by section 2
of this Act, or any of such debentures.

10. By-law number 780 passed by the municipal corpora- By-iaw
tion of the city of North Bay on the 17th day of November, confirmed.
A.D. 1925, set forth in schedule "A" hereto, is hereby: con-
firmed and declared to be legal, valid and binding upon the
corporation and the ratepayers thereof.

11. — (1) The council of the corporation of the city of fj^j!!^®'^^!
North Bay may recall and repeal the special assessment rolls special
prepared under said by-law number 780 presented to council roii under
on the 4th day of July, 1927, and shall cause to be prepared a ^' ^^ ^^^'
new special assessment roll for the whole work done under
the said by-law number 780 specially assessing all lots fronting
or abutting on said work at an equal rate per foot frontage.

(2) The special assessment imposed by such new special Assessment
assessment roll in so far as it affects the land of J. B. Crogahs. crogan.
fronting on the work done under by-law number 780 shall be
deemed to be a compliance with the order of His Honour
H. D. Leask, made on appeal taken from court of revision
for the city of North Bay, said order being dated the 5th of
October, 1927.

12. This Act shall come into force on the day upon which ment"of" *"
it receives the Royal Assent. ^°^'

SCHEDULE "A"

ByJ-aw Numb££ 780

-Being a 'By-law authorizing the construction of permanent pavements
in certain streets in the City of North Bay as a Local Improvement under
the provisions of The Local Improvement Act.

Whereas P. McCool, R. Davidson and others petitioned the Municipal
-Council to construct as a Local Improvement the work hereinafter
described, and the Clerk has certified that the petition is sufficient and
it is expedient to grant the prayer of the Petition in the manner hereinafter
provided.

Therefore the Municipal Council of the Cor[)oration of the City of
North Bay enacts as follows:

1. That permanent pavements be constructed on certain streets in
the City of North Bay as set out in Schedule "A" hereto attached and
which forms part of this By-law as a Local Improvement under the pro-
visions of The Local Improvement Act, together with all necessary private
drain connections and alterations or renewals of water service pipes and
stopcocks to the line of the street.

2. That the engineer of the Corporation do forthwith make such
plans, profiles and specifications and furnish such information as may be
necessary for the making of a contract for the execution of the work.

-3. The work shall be carried on and executed under the superintendence
and according to the directions and orders of such engineer.

4. That the Mayor and Clerk are authorized to cause a contract for
the execution of the work to be made and entered into with some person
or persons, firm or corporation, subject to the approval of this council
to be declared by resolution .

5. The Treasurer may, subject to the approval of the Council, agree
with any bank or person for temporary advances of money to meet the
cost of the work pending the completion of it.

6. The special assessment shall be paid by 20 equal annual instahnents.

7. The debentures to be issued for the loan to be effected to pay for
the cost of the work when completed shall bear interest at the rate of
5J^ per cent, per annum and be payable within 20 years on the instalment
plan.

8. Any person whose lot is specially assessed may commute for a
payment in cash the special rates imposed thereon, by paying the portion
pf the cost of construction assessed upon such lot, without the interest,
forthwith after the special assessment roll has been certified by the Clerk.

Read a first time in open Council this 2nd day of November, 1925.
Read a second time in open Council this 17th day of November, 1925.
Passed in open Council this 17th day of November, A.D. 1925.

"J. H. McDonald," Mayor.

"W. N. Snyder," Clerk.

Schedule "^"

This is Schedule "A" referred to in By-law No. 780 of the City of North
Bay, authorizing the construction of pavement, curb and gutter on certain
streets or parts of streets in the City of North Bay.

Street

From

Mclntyre Street Chippewa Street John Street

Mclntyre Street John Street Regina Street

Mclntyre Street Regina Street Fisher Street

Mclntyre Street Fisher Street Sherbrooke Street

Mclntyre Street Sherbrodke Street Wylde Street

Mclntyre Street Wylde Street Ferguson Street

Mclntyre Street. Ferguson Street Fraser Street

Mclntyre Street Klock Avenue Foran Street

Mclntyre Street Foran Street Bye Street

Mclntyre Street Bye Street Murray Street

Mclntyre Street Murray Street Harvey Street

Mclntyre Street Harvey Street Durrill Street

Mclntyre Street Durrill Street Bell Street

•

«?

CiJ

>
O

O
(-+

r
r

> o

No. 49 1928.

BILL

An Act respecting The Hamilton, Grimsby and
Beamsville Electric Railway Company.

WHEREAS The Hamilton, Grimsl>y and Beamsville P''«^"^^i«-
Electric Railway Company has by its petition repre-
sented that by reason of the increased cost of maintenance
and operation the company cannot continue to maintain and-
operate its railway at the rate of fare now in effect, and has by
its petition prayed that, in order to enable it to continue its
operations and to maintain the said railway in a condition
reasonably safe for the travelling public and to so operate
the said railway as to give a reasonable service, it should be
authorized to so increase the fares as to enable it to obtain
sufficient revenue to meet its operating and maintenance
expenses and earn a reasonable return upon its investment;
and whereas it is expedient to grant the prayer of the said
[)etition ;

Therefore, His Majesty, by and with tl.c advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:

1. This Act may be cited as I'lie UaniiUon. Grimsby a^rf short title.
Beamsville Electric Railway Company Act, 1928.

2. Notwithstanding anything contained in any agreement ^j^^J^^'^^^^j^^j
or by-law or in any general or special Act, The Hamilton, take fares
Grimsby and Beamsville Electric Railway Company may Ry. Bd.
charge and take such fares as may from time to time be
approved by the Railway and Municipal Board and shall not
charge or take any fare which has not been so approved.

49.

? -• ^

>> Q. X

Si-

<s>.
S

Si.

3 o

en rt-

ft) &J

< 3-^

No. 49

1928.

BILL

An Act respecting The Hamilton, Grimsby and
Beamsville Electric Railway Company.

WHEREAS The Hamilton, Grimsby and Beamsville Preamble.
Electric Railway Company has by its petition repre-
sented that by reason of the increased cost of maintenance
and operation the company cannot continue to maintain and
operate its railway at the rate of fare now in effect, and has by
its petition prayed that, in otder to enable it to continue its
operations and to maintain the said railway in a condition
reasonably safe for the travelling public and to so operate
the said railway as to give a reasonable service, it should be
authorized to so increase the fares as to enable it to obtain
sufficient revenue to meet its operating and maintenance
expenses and earn a reasonable return upon its investment;
and whereas it is expedient to grant the prayer of the said
petition ;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:

1. This Act may be cited as The Hamilton, Grimsby a«<i Short title.
Beamsville Electric Railway Company Act, 1928.

2. Notwithstanding anything contained in any agreement Power to
or by-law or in any general or special Act, The Hamilton, take fares
Grimsby and Beamsville Electric Railway Company mayfi'^'^BcL^ ^
charge and take such fares as may from time to time upon the
application of the company or of the corporation of any muni-
cipality through which the railway runs be approved by the
Railway and Municipal Board and shall not charge or take

any fare which has not been so approved t^^provided the
said board in approving of such fares shall (if requested by
the council of the corporation of the city of Hamilton) order
that the said company issue transfer tickets to passengers on
said railway requiring same, good on the lines of the Hamilton
Street Railway to any part of the city, free of charge, and from
the Hamilton Street Railway to The Hamilton, Grimsby and
Beamsville Railway, good within the city limits, as they may
from time to time exist, also free of charge.'

49.

■^

P .

s
s

1
^

«».

<>'

btj

ex-

^ 3

-1

C/) r-f

— *

ft>

y--

'^2^ ^

52 3 "^

r^ CL rt

QfQ -

■-1

BILL.

cting The
Beamsville
ly Com pan

No. 50.

1928.

BILL

An Act respecting the Niagara Falls Suspension
Bridge Company.

WHEREAS the Niagara FalL=: Suspension Bridge Company Preamble,
have by petition prayed that an Act may be passed

to confirm by-law No of the municipal corporation of

the city of Niagara Falls, fixing the assessment of the said
company at the sum of $175,000 fon ten years from and
including the year 1928; and whereas the said municipal
council has b^^ petition prayed for the passing of the said
Act in order to settle certain differences which have existed
between the said company and the said municipality regarding
the right of the latter to assess and tax portions of the said
company's property, as well as regarding the amount at
which the said property should be assessed and taxed; and
whereas it is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Niagara Falls Suspension ^^°^^ ***^®-
Bridge Company Act, 1928.

2. By-law No of the municipality of the city of By-law No.

Niagara Falls, set forth in Schedule "A" to this Act, isconflrmed.
hereby confirmed and declared to be legal, valid and binding

upon the said corporation and the ratepayers thereof.

SCHEDULE "A."

City of Niagara Falls By-law No. 0000

A by-law respecting the assessment and taxation of the Niagara Falls
Suspension Bridge Company.

Whereas differences exist between the Corporation of the City of
Niagara Falls and the Niagara Falls Suspension Bridge Company in
reference to the assessment and taxation by the City Corporation of the
property belonging to the said Company within the said Municipality.

And whereas such differences exist both in respect of the legal rights of
the City Corporation to assess and tax portions of the said property, as
well as the amount for which the property should pe assessed and taxed.

And whereas it has been agreed between the Corporation and the said
Company that for the purpose of settling such differences for the next ten
years the annual assessment of the property of the Company shall be
fixed at the sum of $175,000.00, during the said period but that the legal
rights of the Corporation and the Company shall not be affected by any-
thing herein contained when this By-law ceases to be operative.

And whereas the Corporation has agreed to petition the Legislature
for an Act to validate this By-law, such legislation to be obtained at the
expense of the Company.

Therefore the Council of the Corporation of the City of Niagara Falls
hereby enacts as follows:

1. That for a period of ten years from and including the year 1928
all the real estate, Bridge, property and effects of the Niagara Falls Sus-
pension Bridge Company within the limits of the City of Niagara Falls
shall be annually assessed (including business assessment) at the sum of
$175,000.00 for each and every of the said years.

2. That during the said period all municipal rates, taxes, levies and
assessments made or levied against the said Company, except rates or
taxes in respect of local improvements and except taxation for school
purposes, shall be made and levied upon the said fixed assessment of
$175,000.00.

Dated this

day of

Clerk.

Mayor.

C/3 >
C O
Cfl el-

2 "O

00 2

<-0

o 2

to 5"

-t Cfp

H- 1

ion, 1

Ont
Georg

OTQ ^

r
r

7th

;ario
e V,

0^5

: Niagara
Company

P
i-t
P

00 2.

£L

No. 50. 1928.

BILL

An Act respecting the Niagara Falls Suspension
Bridge Company.

WHEREAS the Niagara Falls Suspension Bridge Company Preamble,
have by petition prayed that an Act may be passed
to confirm by-law No. 1601 of the municipal corporation of
the city of Niagara Falls, fixing the assessment of the said
company at the sum of $175,000 for ten years from and
including the year 1928; and whereas the said municipal
council has by petition prayed for the passing of the said
Act in order to settle certain differences which have existed
between the said company and the said municipality regarding
the right of the latter to assess and tax portions of the said
company's property, as well as regarding the amount at
which the said property should be assessed and taxed; and
whereas it is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, , /

enacts as follows:

1. This Act may be cited as The Niagara Falls Suspension ^^°^^ ***'•■
Bridge Company Act, 1928.

2. By-law No. 1601 of the municipality of the city of By-iaw No.
Niagara Falls, set forth in Schedule "A" to this Act, is confirmed,
hereby confirmed and declared to be legal, valid and binding

upon the said corporation and the ratepayers thereof.

$0 ;i

SCHEDULE "A."

City of Niagara Falls By-law No. 1601

A by-law respecting the assessment and taxation of the Niagara Fails
Suspension Bridge Company.

And whereas the Corporation has agreed to petition the Legislature
for an Act to validate this By-law, such legislation to be obtained at the
expense of the Company.

Therefore the Council of the Corporation of the City of Niagara Falls
hereby enacts as follows:

Purposes, shall be made and levied upon the said fixed assessment of
175,000.00.

Dated this 6th day of February, 1928.

Isabel Durdan, H. P. Stephens,

Deputy Clerk. Mayor.

«.-{? o

go. 2;

'* O

il5

»S1

C/) >

c o
q S

3 en
o" rt

Od 5'
•-I (/p

<-h

or?

13-

0«?

I
i

r
r

o
<8

No. 51. 1928.

BILL

An Act respecting the Township of Maidstone.

WHEREAS the corporation of the township of Maidstone Preamble,
has by its petition represented that it has constructed
as a local improvement work, a watermain in and along the
area defined in the by-law in the schedule hereto, for the
purpose of supplying the owners of the lands with water for
domestic purposes through a connection with the system of
waterworks of the village of Belle River; and that the plans
and specifications for the said work were duly approved by
the Provincial Board of Health before its construction; and
that in making the assessment for the cost of the work the
township engineer deemed it equitable and just that a portion
of the cost of the section adjoining the village of Belle River
should be assessed against the whole area ; and that the total
cost of the said work was $78,370.38; and that the township
has passed a by-law number 1113 to borrow the moneys
required to defray the cost of the said work by the issue of
debentures; and whereas some doubt has arisen as to the right
of the engineer to make an assessment upon the area as
proposed, having regard to the provisions of The Local
Improvement Act as they stood at the time of the initiating
of the said work; and whereas the said corporation has by its
petition prayed that an Act may be passed to validate and
confirm said by-law; and whereas it is expedient to grant the
prayer of the said petition;

Therefore, His Majesty-, 1)\ and witli the advice and
consent of the Legislative \s^(M1ll)ly of the Province of
Ontario, enacts as follows :-

1. This Act may be cited as The Toitmship of Maidstone short title.
Act, 1928.

2. By-law number 1113 of the corporation of the tow nship By-law

No 1113 B'tlQ

of Maidstone, set out in schedule "A" hereto, to authorize the debentures,
issue of debentures for the sum of $78,370.38 to provide money
to defray the cost of the constructi(.n of a watermain in the
,:rca defined in the by-law. and all dclx iii mcs issued or to
be issued thereunder, arc hercbx' ((jiirirn'i'd and declared lo

•SI

be legal, valid and binding upon the .sai'l corpoi aiion and the
ratepayers thereof.

w'^deb^enuires 3. If the proceeds of the sale of the said debentures are
Insufficient, insufificient to defray the cost of the work and the incidental
expenses incurred in connection with the proceedings taken
by the township to procure validation of the by-law and
debentures, the excess may be levied and collected by a
special rate on the land in such area according to the last
revised assessment roll.

4. This Act shall come into force on the day upon which

Commence-
ment of . . 1 T-> 1 A

Act. It receives the Royal Assent.

SCHEDULE "A"

By-Law No. 1113

By-law to provide for borrowing $78,370.38 upon Debentures to pay
for the construction of a watermain in a defined section in the Township
of Maidstone, in the County of Essex.

Whereas pursuant to Construction By-law No. 1060, passed on the
Eighteenth day of October, 1926, a watermain has been constructed in a
defined section of the said Township as a local improvement under the
provisions of The Local Improvement Act.

And whereas before the construction of the said work the approval of
the Provincial Board of Health for Ontario thereto, under the provisions
of The Public Health Act, was obtained.

And whereas the total cost of the work is $78,370.38, of which
$22,493.05 is the area's portion of the cost, and $55,877.33 is the owners'
portion of the cost, for which a special assessment ro'l has been duly made
and certified.

And whereas the estimated lifetime of the work is Thirty years.

And whereas it is necessary to borrow the said sum of $78,370.38 on
the credit of the Corporation, and to issue Debentures therefor bearing
interest at the rate of Five per centum per annum, which is the amount
of the debt intended to be created by this By-law.

And whereas it is expedient to make the principal of the said debt re-
payable in yearly sums during the period of thirty years, of such amounts
respectively, that the aggregate amount payable for principal and interest
in any year shall be equal as nearly as may be to the amount so payable
for principal and interest in each of the other years.

And whereas it wi'l be necessary to raise annually the sum of $5,098.11
during the period of thirty years to pay the yearly suras of principal and
interest as they become due, of which $1,463.86 is required to pay the
area's portion of the cost, and the interest thereon, and $3,634.24 is re-
quired to pay the owners' portion of the cost and the interest thereon.

And whereas the amount of the whole rateable property of the Muni-
cipality according to the last revised assessment roll thereof is $3,537,385.00.

And whereas the amount of the existing Debenture debt of the Cor-
poration inclusive of local improvement debts secured by special rates or
assessments) is $187,862.12, and no part of the principal or interest is in
arrear.

Therefore, the Municipal Council of the Corporation of the Township
of Maidstone enacts as follows:

1. That for the purpose aforesaid there shall be borrowed on the credit
of the Corporation at large the sum of Seventy-eight thousand three
hundred and seventy dollars and thirty-eight cents ($78,370.38), and
Debentures shall be i-ssued therefor in sums of not less than One hundred
dollars ($100.00) each bearing interest at the rate of Five per centum per
annum, and having coupons attached thereto for the payment of the
interest.

2. The Debentures shall all bear the same date and shall be issued
within two years after the day on which this By-law is passed, and may
bear any date within such two years and shall be payable in thirty annual
instalments during the thirty years next after the time when the same are
issued, and the respective amounts of principal and interest payable in
each of such years shall be as follows:

Year

Annual

lo.

Payable

Interest

Principal Payment

1. . .

1928

$3,918 52

$1,179 59 $5,098 11

2...

1929

3,859 54

1,238 57

^...

1930

3,797 61

1,300 50

4...

1931

3,732 59

1,365 52

5...

1932

3,664 31

1,433 80

6...

1933

3,592 62

1,505 49

7...

1934

3,517 35

1,580 76

8...

1935

3,438 31

1,659 80

9...

1936

3,355 32

1,742 79

10...

1937

3,268 18

1,829 93

11...

1938

3,176 68

1,921 43

12...

1939

3,080 62

2,017 49

13...

1940

2,979 75

2,118 36

14...

1941

2,873 82

2,224 29

15...

1942

2,762 61

2,335 50

16...

1943

2,645 83

2,452 28

17...

1944

2,523 22

2,574 89

18...

1945

2,394 48

2,703 63

19...

1946

2,259 29

2,838 82

20...

1947

- 2,117 35

2,980 76

21...

1948

1,968 31

3,129 80

22...

1949

1,811 83

3,286 28

23...

1950

1,647 51

3,450 60

24.-..

1951

1,474 98

3,623 13

25...

. . 1952

1,293 82

3,804 29

26...

1953

1,103 61

3,994 50

27...

1954

903 88

4,194 23

28...

1955

694 17

4,403 94

29...

1956

473 98

4,624 13

30...

. . 1957

242 83

4,855 28 5,098 11

$74,572 92 $78,370 38 $152,943 30

3. The Debentures shall bear interest at the rate of Five per centum
per annum, payable yearly, and shall be payable at the Imperial Bank of
Canada in the Village of Woodslee, in the said Township.

4. The said Debentures and interest coupons shall be signed by the
Reeve and Treasurer of the Corporation, and shall be sealed with the
seal of the Corporation.

5. During thirty years, the currency of the Debentures, the sum of
$1,463.86 shall be raised annually for the payment of the area's portion
of the cost and of interest thereon, and shah be levied and raised annually
by a special rate sufficient therefor, over and above all other rates, at the
same time and in the same manner as other rates, upon all the rateable
property in said defined section under the provisions of The Local Improve-
ment Act, which said defined section is sometimes described herein as
"area," and is particularly described as follows: —

Commencing at a point on the Westerly limit of the Village of Belle
River, three hundred feet (300') south of the Tecumseh Road, thence
northerly along the Westerly limit of the Village of Belle River produced
to the shore of Lake St. Clair; thence westerly along the shore of Lake
St. Clair to the Westerly boundary of lot Four (4) Lake Shore West River
Puce Range (commonly known as Patillo Line); thence southerly along
the boundary of said lot Four to a point Three hundred feet (300') south
of Tecumseh Road; thence Easterly along a limit Three hundred feet
(300') south of Tecumseh Road to Puce River; thence Southerly along
Puce River to the line between the north half and south half of lot Two (2)
East River Puce; thence easterly along the last mentioned line to a point.
Two hundred feet (200') east of East River Puce Road, thence northerly
parallel to East River Puce Road to a point Three hundred (300') feet
south of Tecumseh Road; thence easterly along a limit Three hundred
(300') feet south of Tecumseh Road to the point of beginning.

6. For the payment of the Owners portion of the cost and interest
thereon, the special assessment set forth in the said special Assessment

Roll is hereby imposed upon the lands liable therefor, as therein set forth,
which said special assessment with a sum sufficient to cover interest thereon
at the rate aforesaid, shall be payable in Thirty equal annual installments
of $3,634.24 each, and for that purpose the special annual rates per foot
frontage set forth in the Assessment Roll hereto attached are hereby-
imposed upon the lots enterea in the saia special Assessment Roll, accord-
ing to the assessed frontage thereof, over and above all other rates and
taxes, and the said special rates shall be collected annually by the Col-
lector of Taxes for the Corporation, at the same time and in the same
manner as other rates.

7. Any owner may commute the amount charged against his lands by
payment in cash within two weeks of the amount set opposite the said
lands in the said Assessment Roll as his total share of assessment, exclusive
of interest.

This By-law shall take effect on the day of the final passing thereof.

Passed this 14th day of November, 1927.

Peter Corbett, Reeve.
(seal)

A. MoussEAU, Clerk.

-i

i?. "a

3 2.

8 5-

O
2:

s. tr. DO

f-f

;/)

':r

7)
7)

pmlk

<-'

13.

00 '£.

No. 51. 1928.

BILL

An Act respecting the Township of Maidstone.

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Maidstone Short uti«.
Act, 1928.

2. By-law number 1113 of the corporation of the township By-law

f Ti/r • 1 • 1 1 1 II AMI 1 • , No. 1113 and

of Maidstone, set out in schedule A hereto, to authorize the debentures,
issue of debentures for the sum of $78,370.38 to provide money °°" ^"^^ '
to defray the cost of the construction of a watermain in the
area defined in the by-law, and all debentures issued or to
be issued thereunder, are hereby confirmed and declared to

Special rate
If debentures
insufficient.

be legal, valid and binding upon the said corporation and the
ratepayers thereof.

3. If the proceeds of the sale of the said debentures are
insufficient to defray the cost of the work and the incidental
expenses incurred in connection with the proceedings taken
by the township to procure validation of the by-law and
debentures, the deficiency may be levied and collected by a
special rate on all the rateable property in such area according
to the last revised assessment roll.

Commence- 4. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

SCHEDULE "A"

By-Law No. 1113

By-law to provide for borrowing $78,370.38 upon Debentures to pay
for the construction of a watermain in a defined section in the Township
of Maidstone, in the County of Essex.

Whereas pursuant to Construction By-law No. 1060, passed on the
Eighteenth day of October, 1926, a watermain has been constmcted in a
defined section of the said Township as a local improvement under the
provisions of Tlie Local Improvement Act.

And whereas before the construction of the said work the approval of
the Provincial Board of Health for Ontario' thereto, under the provisions
of The Public Health Act, was obtained.

And whereas the estimated lifetime of the work is Thirty years.

And whereas it wi'l be necessary to raise annually the sum of $5,098.11
during the period of thirty years to pay the yearly sums of principal and
interest as they become due, of which $1,463.86 is required to pay the
area's portion of the cost, and the interest thereon, and $3,634.24 is re-
quired to pay the owners' portion of the cost and the interest thereon.

And whereas the amount of the whole rateable property of the Muni-
cipality according to the last revised assessment roll thereof is $3,537,385.00.

And whereas the amount of the existing Debenture debt of the Cor-
poration Cinclusive of local improvement debts secured by special rates or
assessments) is $187,862.12, and no part of the principal or interest is in
arrear.

Therefore, the Municipal Council of the Corporation of the Township
of Maidstone enacts as follows:

1. That for the purpose aforesaid there^hall be borrowed on the credit
of the Corporation at large the sum of Seventv-eight thousand three
hundred and seventy dollars and thirty-eight cents ($78,370.38), and
Debentures shall be issued therefor in sums of not less than One hundred
dollars ($100.00) each bearing interest at the rate of Five per centum per
annum, and having coupons attached thereto for the payment of the
interest.

Year Annual

No. Payable Interest Principal Payment

1 1928 $3,918 52 $1,179 59 $5,098 11

2 1929 3,859 54 1,238 57

3 1930 3,797 61 1,300 50

4 1931 3,732 59 1,365 52

S 1932 3,664 31 1,433 80

6 1933 3,592 62 1,505 49

7 1934 3,517 35 1,580 76

8 1935 3,438 31 1,659 80

9 1936 .3,355 32 1,742 79

10 1937 3,268 18 1,829 93

11 1938 3,176 68 1,92143

12 1939 3,080 62 2,017 49

13 1940 2,979 75 2,118 36

14 1941 2,873 82 2,224 29

15 1942 2,762 61 2,335 50

16 1943 "2,645 83 2.452 28

17 1944 2,523 22 2,574 89

18 1945 2,394 48 2,703 63

19..... 1946 2,259 29 2,838 82

20 1947 2,117 35 2,980 76

21 1948 1,968 31 3,129 80

22 1949 1,81183 3,286 28

23 1950 1,647 51 3,450 60

24 1951 1,474 98 3,623 13

25 1952 1,293 82 3,804 29

26 1953 1,103 61 3,994 50

27 1954 903 88 4,194 23

28 1955 694 17 4,403 94

29 1956 473 98 4,624 13

30 1957 242 83 4,855 28 5,098 11

$74,572 92 $78,370 38 $152,943 30

3. The Debentures shall bear interest at the rate of Five per centum
per annum, payable yearly, and shall be payable at the Imperial Bank of
Canada in the Village of Woodslee, in the said Township.

4. The said Debentures and interest coupons shall be signed by the
Reeve and Treasurer of the Corporation, and shall be sealed with the
seal of the Corporation.

5. During thirty years, the currency of the Debentures, the sum of
$1,463.86 shall be raised annually for the payment of the area's portion
of the cost and of interest thereon, and shall be levied and raised annually
by a special rate sufficient therefor, over and above all other rates, at the
same time and in the same manner as other rates, upon all the rateable
property in said defined section under the provisions of The Local Improve-
ment Act, which said defined section is sometimes described herein as
"area," and is particularly described as follows: —

Commencing at a point on the Westerly limit of the Village of Belle
River, three hundred feet (300') south of the Tecumseh Road, thence
northerly along the Westerly limit of the Village of Belle River produced
to the shore of Lake St. Clain; thence westerly along the shore of Lake
St. Clair to the Westerly boundary of lot Four (4) Lake Shore West River
Puce Range (commonly known as Patillo Line); thence southerly along
the boundary of said lot Four to a point Three hundred feet (300') south
of Tecumseh Road; thence Easterly along a limit Three hundred feet
(300') south of Tecumseh Road to Puce River; thence Southerly along
Puce River to the line between the north half and south half of lot Two (2)
East River Puce; thence easterly along the last mentioned line to a point
Two hundred feet (200') east of East River Puce Road, thence northerly
parallel to East River Puce Road to a point Three hundred (300') feet
south of Tecumseh Road; thence easterly along a limit Three hundred
(300') feet south of Tecumseh Road to the point of beginning.

6. For the payment of the Owners portion of the cost and interest
thereon, the special assessment set forth in the said special Assessment

Roll is hereby imposed upon the lands liable therefor, as therein set forth,
which said special assessment with a sum sufficient to cover interest thereon
at the rate aforesaid, shall be payable in Thirty equal annual installments
of $3,634.24 each, and for that purpose the special annual rates per foot
frontage set forth in the Assessment Roll hereto attached are hereby
imposed upon the lots enterea in the saia special Assessment Roll, accord-
ing to the assessed frontage thereof, over and above all other rates and
taxes, and the said special rates shall be collected annually by the Col-
lector of Taxes for the Corporation, at the same time and in the same
manner as other rates.

This By-law shall take effect on the day of the final passing thereof.

Passed this 14th day of November, 1927.

Peter Corbett, Reeve.
(seal)

A. MoussEAU, Clerk.

*-i

2? "O

3 2.

^o.

••

^a-

•^

«».

*>i.

«>

S
^

?i.

.'^^

If)
O

0^5

Pi-

0^5

C/5

■*

<Ki

o ^

■ H
o

8 c.

No. 52.

1928.

BILL

An Act respecting the Township of Scarborough.

WHERKAS the municipal corporation of the township of Preamble.
Scarborough has by petition represented that it has
expended upwards of one million dollars in constructing a
system of water works during the seven years last past, and
other large sums for improvements in the township, and is
now about to make further expenditures for the installation
of a sewerage system which it is estimated will cost upwards
of seven hundred thousand dollars; and that for the reasons
mentioned it is inexpedient that any part of the township
should be annexed to any other municipality, or be incor-
porated as a separate municipality ; and has by its said petition
prayed that The Township of Scarborough Act, 1923, may be
amended as hereinafter prf)vided ; and whereas it is expedient
to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act ma\' be cited as The I'owriship of Scarborough short title.
Act, 1928.

2. Notwithstanding the pnnisions of The Municipal ylc/Nopartof
or any other Ac\, no part of the township of Scarborough bTincor?
shall be annexed to ain adjoining municipality, nor be ^nnex^e*d *for
incor|)orated as a municipality separate and apart from the^gP®y^°^j.g°^
township of Scarborough, without the approval of the council j,

of the corporation of the township of Scarborough expressed c. 233.
by by-law of that township, for a period of ten years after
this Act shall come into force.

3. Section 1.^ of The township of Scarborough Act, 1923, is 1923, c. 88,
amended by adding thereto the following subsection: amended.

ib) Whenever a si-uer i^ couslruited so that il ni,i\ he
used" both as a trunk sewer and a lateral >( \\ n lor
the benefit of abutting or adjacent propeii\ , mkIi
portion of the cost thereof as the coimcil of the

Rev. Stat.,
o. 235.

corporation may designate shall, subject to the
provisions of section 23 of The Local Improvement
Act, be charged against such abutting or adjacent
property, and the balance against the area or areas
liable therefor, and in case a sewer be constructed
for use as a trunk sewer only, and is afterwards used
for the benefit of any abutting or adjacent property
in place of constructing a separate sewer for that
purpose, the council may, during the lifetime of the
work, charge such portion of the cost thereof against
such abutting or adjacent property as it may deem
just, subject to the provisions of section 23 of The
Local Improvement Act.

i i i

•n
5'

^ 13

3 2.

8«^

rt-

• *

>Si.
0^

S
<s>.

CT s

org re
3-

■^ ;

0^=^

-1

S^ -'i:

<--

2.5-1

^ "

^xt

No. 52. 1928.

BILL

An Act respecting the Township of Scarborough.

WHEREAS the municipal corporation of the township of Preamble.
Scarborough has by petition represented that it has •

expended upwards of one million dollars in constructing a )

system of water works during the seven years last past, and
other large sums for improvements in the township, and is
how about to make further expenditures for the installation
of a sewerage system which it is estimated will cost upwards
of seven hundred thousand dollars; and that for the reasons
mentioned it is inexpedient that any part of the township
should be annexed to any other municipality, or be incor-
porated as a separate municipality ; and has by its said petition
prayed that The Township of Scarborough Act, 1923, may be
amended as hereinafter provided; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Township of Scarborough Short title.
Act, 1928.

1^*2. No part of the township of Scarborough shall, for a No part of

^^. . f. ^ f , ■ * . r ■, township to

period ot seven years alter this Act comes into force, bebeincor-

annexed to any adjoining municipality, or be incorporated annej^^ed *for

as a municipality separate and apart from the township of seven years.

Scarborough, without the assent of the municipal electors

of the said township obtained on the submission of a question

for that purpose in conformity with the provisions of T'/fei^ej- Stat.,

Municipal Act."^

3. Section 13 of The Township of Scarborough Act, 1923, iSg^f|' ^- ^^•
amended by adding thereto the following subsection: amended.

{b) Whenever a sewer is constructed so that it may be
used both as a trunk sewer and a lateral sewer for
the benefit of abutting or adjacent property, such
portion of the cost thereof as the council of the

Rev. Stat.,
0. 235.

Holding
Bchool
elections
by^ballot.

1^*4. — (1) The Public School Board of any rural school
section in the township of Scarborough, other than a union
school section, may, on or before the first day of October in
any year, by written application made to the clerk of the
municipality or head of the council, require the election of
public school trustees for such section to be held thereafter
by ballot on the same day, and at the same time and places
in such section as the election of reeves and councillors.

Sanction
of electors.

(2) Before the application Is made it shall be sanctioned by
the electors of such section at a special meeting duly called
for the purpose of considering the same, such meeting to be
called and held In the manner prescribed by the provisions
of The Public Schools Act relating to school meetings In rural
school sections.

Township
by-law to be
passed , •*•
following ""I
application,
providing
for holding
election.

Separate
ballot papers
for each
section.

(3) If the application is sanctioned such public school
board shall forthwith make the application to the township
council requiring the election to be held by ballot, and the
township council shall thereupon pass a by-law providing that
such election shall thereafter be held at the same time and
place, and by the same returning officer or officers, and con-
ducted in the same manner as the nominations and election
of reeves and councillors, and the provisions of The Municipal
Act respecting the time and manner of holding the election,
including the mode of receiving nominations for office, and
the resignation of persons nominated, vacancies and declara-
tions of qualification and office, shall mutatis mutandis apply
to the election, and every person whose name is on the voters'
list for such municipal election, and who is a ratepayer in
such section, and every other person whose name is on such
list and who Is qualified to vote at such municipal election,
and who resides in such section, and is not a supporter of
separate schools, shall be entitled to vote at such election.

(4) A separate set of ballot papers shall be prepared for
each such section, containing the names of the candidates, in

the same form mutatis mutandis as those used for reeves or
councillors, and no ballot shall be delivered to any person
who is entered on the list of voters as a separate school
supporter.

(5) The provisions of section 79 of The Public Schools ^ci'^fP^ev.^stLl
relating to controverted elections shall mutatis mutandis °- 323, s. 79.
apply to any election held pursuant to this section.

(6) After the passing of such by-law no change in the mode By-law
of conducting such election shall be made for a period of for three
three years, after which time the council may repeal such^®^^^'
by-law upon the written application of such public school
board made before the first day of October in any year after

such application has been sanctioned at a special meeting of
the electors held during such year in the manner prescribed
in subsections (2) (3) and (4) of section 4 of this Act, and
thereafter no further change shall be made in the mode of
election for a period of three years after the repeal of such
by-law.

(7) Where in any such school section the office of trustee Vacancy
becomes vacant from any cause, the remaining trustees shall trustee^ °
forthwith call a special meeting of the electors and hold an
election to fill the vacancy until the next annual municipal
election, in the manner prescribed by sections 67 and 68 of

The Public Schools Act, and at the next annual municipal
election a trustee shall be elected to fill the vacancy for the
remainder, if any, of the unexpired term.

(8) In each such section the first meeting of the public First
school board in each year shall be held at the school house of of Public
the section on the first Wednesday following the declaration Board.
by the township clerk of the result of the poll.

(9) A column shall be added to the poll book furnished for Poll book,
the municipal election to the deputy returning officer in every
subdivision of each such school section, with appropriate
heading, which column shall be used by the deputy returning
officer in taking the vote for the election of school trustees,

in like manner, and for the like purposes, mutatis mutandis,
as the other columns in such poll book are used pursuant to
Part III of The Municipal Act.

5, Notwithstanding the provisions of The Municipal Act, ^Pf",, .

1 1 11 • • 1 1 ..... ' of ballot

m each case where a poll is required at the municipal election papers.
in the township of Scarborough, there shall be prepared
separate sets of ballot papers for all the polling subdivisions
as follows: —

Tax Bales
and deeds,
confirmed.

One set containing the names of the candidates for reeve.

One set containing the names of the candidates for first
deputy reeve.

One set containing the names of the candidates for
second deputy reeve.

One set containing the names of the candidates for third
deputy reeve, and

One set containing the names of the candidates for
councillor, and the ballot papers shall be printed
according to Form 3 of The Municipal Act adapted
to suit the case of each such set.

6. — (i) Subject to subsection 2, all sales of land within the
township made prior to the thirty-first day of December,
one thousand nine hundred and twenty-five, which purport
to have been made by the corporation for arrears of taxes
in respect to lands so sold, for which tax deeds have been
issued by the said corporation are hereby validated and
confirmed, and all deeds of lands so sold, executed by the
reeve and treasurer of the corporation purporting to convey
the said lands so sold to the purchaser thereof, or his, her or
their assigns, are hereby validated and confirmed, and shall
have power of vesting the lands so sold or conveyed, or
purporting to be sold or conveyed, and the same are hereby
vested in the purchaser, or his, her or their assigns, in fee
simple, free and clear of and from all title or interest whatso-
ever of the owner or owners thereof at the time of such sale,
or his, her or their assigns, and all charges or encumbrances
thereon and dower therein, except taxes, for the non-payment
of which the said lands were sold.

(2) Nothing in this section contained shall affect any action
or other proceeding now pending, and such action or other
proceeding may be proceeded with and finally adjudicated
upon in the same manner and as fully and effectually as if this
Act had not been passed."^^!

X O

O) rt- O

O D* J

X
1

<?»

«^

O-

o»

v<i

;*-

OX)

Pi.

pi-

(^5

n 2

^ cr.

O oq
Orq f6

r
r

(T>
O

rt
(/
u

0--

^ D. cl

No. 53. 1928.

BILL

An Act respecting the Town of Wingham.

WHEREAS the municipal corporation of the town of P''®^"^^'®-
Wingham, in the county of Huron, has by its petition
represented that by By-law number 835 passed in the year 1920
by the said corporation provision was made for granting a
bonus to one William Gunn, carrying on business in the said
town of Wingham under the firm name and style of "Gunn-
Son-Ola Company," by way of a loan of. $10^000 repayable
in seven years without interest secured by a first mortgage
on the land, buildings, machinery and plant of said company,
and that the said Gunn is desirous of obtaining from the said
corporation of the town of Wingham a renewal of the said
mortgage for a term of ten years without interest, the principal
to be repayable as hereinafter mentioned, and that the said
corporation of the town of Wingham is desirous of granting
the said r^iewal as requested by said Gunn; and whereas
the municipal corporation of the town of Wingham has
prayed that an Act be passed by the Legislature of this
Province authorizing the said municipal corporation to enter
into an agreement extending unto the said Gunn the time
for repayment of the said mortgage ; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. This Act may be cited as The Town of Wingham -4c/, short title.
1928.

2. The municipal corporation of the town of Wingham Po^wer to ^

by and through its municipal council may enter into an for pay-
1- 1 • 1 TTTMi- /-^ 1 .• ment of

agreement extendmg unto the said William Gunn the time mortgage,
for repayment of the sum of ten thousand ($10,000) dollars
secured by mortgage dated the 11th day of October, 1920.
which sum of ten thousand ($10,000) dollars fell due on the
1 1th day of October, 1927, so that the said sum of ten thousand
($10,000) dollars may fall due as follows:—

Five hundred ($500) dollars on the 11th day of October,
1928;

F'ive hundred ($500) dollars on the 11th day of October,
1929;

Five hundred ($500) dollars on the 11th day of October,
1930;

Five Hundred ($500) dollars on the Uth day of October,
1931;

Five hundred ($500) dollars on the Uth day of October,
1932;

Fifteen hundred ($1,500) dollars on the 11th day of
October, 1933;

Fifteen hundred ($1,500) dollars on the Uth day of
October, 1934;

Fifteen hundred ($1,500) dollars on the Uth day of
October, 1935;

Fifteen hundred ($1,500) dollars on the Uth day of
October, 1936; and

Fifteen hundred ($1,500) dollars on the Uth day of
October, 1937.

General 3. The said municipal council may pass all by-laws and

powers. ,,, ,». • I- fl-o.

do all acts and thmgs necessary to enter mto and give ettect
to an agreement extending the time for the repayment of the
said mortgage as herein set forth.

7i
o

W
H

•I

orq

3
3-

l-H

r
r

No. 54. 1928.

BILL

An Act respecting the City of Sault Ste. Marie.

WHEREAS the municipal council of the corporation of Preamble,
the city of Sault Ste. Marie, hereinafter called the
corporation, has, by petition, represented that by-laws numbers
1333 and 1340 were duly passed by the corporation and the
contracts authorized thereby duly entered into with "The
Great Lakes Power Company, Limited," and that it is desir-
able that the said by-laws and the contracts so entered into
should be validated and confirmed, and also that the by-laws
of the said corporation set forth in schedule "2" hereto
should be validated and confirmed, and that all sales of land
within the city of Sault Ste. Marie made subsequent to the
31st day of December, 1924,and prior to the 1st day of January,
1928, which purport to have been made by the said corpora-
tion for arrears of taxes in respect to the land so sold, for
which tax deeds have been issued by the said corporation,
be validated and confirmed; and whereas it is expedient to
grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The City of Sault Ste. Marie short title.
Act, 1928.

2. By-laws number 1333 and number 1340 of the t:orpora- ^y^^^^g^gg
tion and the contracts with "The Great Lakes Power Com-i340and '

T • • 1 >» 1-11 -111 1 • contracts

pany. Limited, authorized by said by-laws and set out in with The
schedule "1" hereto, are confirmed and declared to be legal, power co. '
valid and binding upon the corporation and the ratepayers *"'""'^'"®^"
thereof, and upon the said company.

3. The by-laws of the said corporation specified in schedule Debenture
"2" hereto are hereby confirmed and declared to be legal, Schedule 2
valid and binding upon the corporation and the ratepayers
thereof.

4.— (1) All sales of land within the city of Sault Ste. Marie Ja^||^e|
made subsequent to the 31st day of December, 1924, and confirmed.

h"i

prior to the 1st day of January, 1928, which purport to have
been made by the corporation of the said city for arrears of
taxes in respect to lands so sold for which tax deeds have
been issued by the said corporation, are hereby validated and
confirmed, and all deeds of lands so sold executed by the mayor
and treasurer of the said corporation on behalf of the said
corporation, purporting to convey the said lands so sold to
the purchaser thereof or his, her or their assigns are hereby
validated and confirmed, and shall have the power of vesting
the lands so sold or conveyed or purporting to be sold or
conveyed and the same are hereby vested in the purchaser
or his or her or their heirs and assigns in fee simple, free and
clear of and from all title or interest whatsoever of the owner
or owners thereof at the time of such sale, or his, her or their
assigns, and all charges or encumbrances thereon, except
taxes accrued since those for which non-payment whereof
the said lands were sold.

Case of
munici-
pality as
purchaser.

(2) Subsection 1 of this section shall extend and apply to
cases where the said corporation or any person or persons in
trust for it or in its behalf, became the purchaser of lands
at any such tax sale.

Pending
litigation
not affected.

(3) Nothing in this section contained shall affect any action,
litigation or other proceedings now pending, but the same
may be proceeded with and finally adjudicated upon in the
same manner and as fully and effectually as if this Act had
not been passed.

Commence-
ment of
Act.

5. This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE 1.

By-Law Number 1333 of the City of Sault Ste. Marie

A By-law to authorize the Municipal Corporation of the City of Sault
Ste. Marie to enter into a contract with the Great Lakes Power Company,
Limited, for a supply of electrical power.

Whereas it is deemed expedient to enter into a contract with the
Great Lakes Power Company, Limited, for a supply of electrical power
on the te'rms and conditions set forth in the form of contract hereto annexed
as Schedule "A" and forming part of this By-law; and the liability to be
created by this By-law and the said contract is fully set forth in the form
of contract hereto annexed as Schedule "A."

And whereas the amount of the whole rateable property of the Muni-
cipality according to the last revise^ assessment roll is $22,771,85LOO.

And whereas the amount of the debenture debt of the Corporation is
$4,152,270.88, and no part of the principal or interest of said debenture
debt is in arrear.

Be it therefore enacted, by the Municipal Council of the Corporation
of the City of Sault Ste. Marie as follows:

1. The Municipal Corporation of the City of Sault Ste. Marie shall
enter into a contract with the Great Lakes Power Company, Limited,
according to the terms and conditions set forth and contained in the
form of contract marked Schedule "A" attached to and forming part of
this By-law.

2. The Mayor and the Clerk of the said Municipal Corporation of
the City of Sault Ste. Marie are hereby authorized and directed to execute
a contract for the said purpose and in accordance with the terms and
conditions set forth in the form of contract hereto annexed as Schedule
"A" and to affix thereto the Corporate Seal of the said Municipal Cor-
poration.

3. That this By-law shall not come into force or have any effect unless
and until it has been assented to by the Municipal electors as provided in
The Consolidated Municipal Act, 1922, and has been finally passed by
the Municipal Council of the said Municipal Corporation.

Read a first time this second day of December, A.D. 1927.

(Signed) R. G. Campbell, Clerk.

Read a Second and Third time and, having been assented to by the
Municipal electors, passed in.open Council, this seventh dav of February,
A.D. 1928.

"T. J. Irwin," Mayor.

"R. G. Campbell," Clerk.

Schedide "A."

Referred to in and Forming Part of the Attached By-Law
Number 1333, Signed "R. G. Campbell," City Clerk.

This Indenture made in duplicate the Tenth day of February, in the
year of our Lord, one thousand nine hundred and twenty-eight.

Between:

The Great Lakes Power Company, Limited, a
Corporation incorporated under the laws of the Province
of Ontario, hereinafter called the "Company,"

of the first part,
— and —

The Municipal Corporation of the City of Sault
Ste, Marie, hereinafter called the "Corporation,"

• of the second part.

Whereas the Company is now carrying on the business of producing
and selling Hydro-Electric energy in the City of Sault Ste. Marie.

And whereas the Company is now under contract to supply and deliver
to the said Corporation, electric energy to the extent of four thousand
(4,000) horse-power.

And whereas the said Corporation desires to acquire and reserve
additional Hydro-Electric energy.

Now therefore this inden4;ure witnesseth that in consideration of the
premises the parties hereto agree each with the other as follows:

1. The Company agrees:

(a) To continue to reserve and to supply and deliver to the Corporation
the four thousand (4,000) horse-power hereinbefore referred to, at the rate
of Twenty-two Dollars ($22.00) per honse-power per annum;

ib) To reserve, to supply and deliver to the Corporation one thousand
(1,000) horse-power additional electric energy, within three (3) months
from the execution of this agreement, the same to be delivered and to be
paid for in amounts as and when used by the Corporation, at Twenty
Dollars ($20.00) per horse-power per annum, for said one thousand (1,000)
horse-power;

(c) To reserve to the Corporation further additional electric energy ,
to the extent of five thousand (5,000) horse-power, and to supply and
deliver the same to the Corporation in blocks of not less than one thousand
(1,000) horse-power each, the first of such blocks of electric energy to be
supplied and delivered within fifteen (15) m6nths of written demand made
therefor by the Corporation, and any subsequent block within three (3)
months of written demand as aforesaid, and the said five thousand (5,000)
horse-power, or any portion thereof to be paid for at a rate to be agreed
on between the Company and the Public Utilities Commission of the
Corporation, and in case of disagreement the rate shall be arbitrated
before and settled by the Hydro-Electric Power Commission, whose
decision shall be final and binding on both parties hereto but in no case
shall the said rate exceed twenty-two ($22.00) Dollars per horse-power
per annum;

{d) 1. The Company agrees that for the purpose of carrying out the
obligations undertaken for the supply and delivery of the entire block of
five thousand (5,000) horse-power, or any part thereof, mentioned in
clause (c) of paragraph 1 hereof, the Company will cause to be developed,
either at the Michipicoten River or the Montreal River, a power develop-
ment sufficient to furnish such power and to construct the necessary-
transmission lines to Sault Ste. Marie for the delivery- of such power.

(d) 2. In addition to any other remedy the Corporation may have,
time is to be considered as of the essence of the above paragraph 1, and
in the event of the Company neglecting or refusing to carry out such
undertaking the Corporation shall be at liberty to cancel this agreement,
or this agreement in so far as it relates to the last five thousand (5,000)
horse-power mentioned in clause (c) of paragraph 1 hereof;

(e) To use at all times, first class, modern, standard commercial
apparatus and plant and to exercise all due diligence so as to secure the
most perfect operation of the plant or plants and apparatus of the Com-
pany;

(/) To defiver commercially continuous twenty-four (24) hour power
every day in the year, except as provided for herein, at the point of
delivery herein defined as the city's sub-station within the city limits of
the Corporation.

2. The Corporation agrees:

(a) Subject to the provisions of clause "B" hereof to pay to the Com-
pany monthly for all power taken by the Corporation at the rates herein-
before specified;

Each month's payments are to be made as though the maximum
amount taken during that month was taken for the whole month, save
that Clause "B" hereof shall govern the minimum.

(b) For electric power supplied up to five thousand (5,000) horse-power,
under clauses "A" and "B" of paragraph 1 hereof, the minimum amount
of power to be paid for, whether used by the Corporation or not, shall be
three-fourths of the greatest amount of power previously taken and used
by the Corporation as measured under the terms of this agreement.

When additional electric energy is ordered or demanded by the Cor-
poration, under clause "C"of paragraph 1 hereof, the minimum amount of
power to be paid for, whether used by the Corporation or not, shall be
three-fourths of the total amount of power demanded by the Corporation.

The said total power shall include the five thousand (5,000) horse-power
referred to in clauses "A" and "B/' of paragraph 1 hereof, together with
such additional block or blocks of power that may be demanded by the
Corporation under the provisions of clause "C" of paragraph 1 hereof,
at such time or times as the said blocks, or either of them, are actually
delivered or held in reserve by the Company, in pursuance of the terms
of the demand or demands of the Corporation, or such earlier time or
times as the Corporation may agree, in writing, to accept delivery of the
said blocks and the Company agreeing to deliver the same.

(c) To use all diligence by every lawful means in its power to prepare
for the receipt and use of the power covered by and demanded by the
Corporation, under this agreement, so as to be able to receive power on
the times of delivery as aforesaid provided.

(d) At all times to take and use the three-phase power in such a manner
that the current will be equally taken from the three phases and in no case
shall the diflference between any two phases be greater than ten per cent.

(10%).

(e) At all times to so take and use the three-phase power that the
ratio of the kilowatts to the kilovolt-amperes is a maximum, but in any
event the customer shall pay for at least ninety per cent. (90%) of the
maximum kilovolt-amperes considered as true power of kilowatts. The
maximum demand in kilovolt-amperes or kilowatts shall be taken as the
maximum average or integrated demand over any twenty consecutive
minutes.

One horse-power is defined as 0.746 kilowatts.

One kilowatt is defined as the product of the instantaneous current

^'1

. 1

If *

voltage and power-factor of the load as shown by a standard polyphase
wattmeter and divided by one thousand.

One kilovolt-ampere is defined as the product of the simultaneous
average current per phase times the average voltage between phases,
times 1,732 and divided by one thousand.

For the purposes of this agreement, the kilovolt-amperes may be
determined either directly by current and voltage measurements or by the
kilowatts divided by the power factor or by any other commercially ac-
curate means as may be approved by the Company.

The power factor is defined as kilowatts divided by kilovolt-amperes

(/) To take electric energy exclusively from the Company during the
continuance of this agreement, or any renewal thereof, until such time as
the Corporation requires Hydro-Electric energy' in excess of the amount
provided for in this agreement.

(g) Bills shall be rendered by the Company to the Corporation on or
before the tenth day and paid by the Corporation on or before the twentieth
day of each calendar month.

If any bill remains unpaid for fifteen (15) days after the date thereof
the Company may, in addition to all other remedies, and without notice,
discontinue the supply of power to the Corporation until the said bill is
paid, and no such discontinuance by the Company shall relieve the Cor-
poration from the performance of the covenants, provisoes and conditions
herein contained.

All payments in arrears shall bear interest at the legal rate.

(h) To use at all times modern, standard, commercial apparatus and
plant to be approved by the Company from time to time, which approval
shall not unreasonably be withheld, and to so operate and conduct the
plant and apparatus as to cause minimum disturbances or fluctuations
to the Company's supply, and to exercise all due skill and diligence so as
to secure the satisfactory operation of the plant and apparatus of both
the Company and the Corporation.

(i) Should it be expedient or necessary for the Company in order to
deliver power hereunder, to construct or build poles, lines, cables, trans-
formers, switches, or other appliances or devices on, over or through the
property of the Corporation, the Corporation hereby agrees to supply and
arrange for such necessary rights-of-way free of cost, and satisfactory
to the Company, for the life of this agreement, or renewals thereof and for
thirty (30) days thereafter, so that the Company may build, erect, con-
struct, operate, repair, maintain and remove any of said apparatus or
devices belonging to the Company.

(j) The power delivered hereunder shall be alternating three-phase,
having a periodicity of approximately sixty cycles per second, and a voltage
of approximately 2,300 volts between phase wires, subject to normal
variations in both frequency and voltage.

(k) Any demands for blocks of power mentioned in clause "c" of
paragraph 1 hereof shall be made bona fide and in good faith, and for use
that it has reasonably in contemplation.

It is mutually agreed as follows:

3. (a) Measurement of the power held in reserve or taken by the
Corporation hereunder shall be made by means of a standard polyphase
Graphic Recording Wattmeter, and other meters as required, so arranged
as to accurately measure and record the power taken by the Corporation.

The greatest average or integrated power demand made by the Cor-
poration for twenty (20) consecutive minutes in any month, as shown by
the aforementioned instruments, shall be used as the basis of billing and
paying for the power taken by the Corporation hereunder.

Provided, however, that the billing contemplated in this paragraph
shall not be less than the payments for power contemplated in clause "b"
of paragraph 2 hereof.

(b) The point of measuring the power covered by this agreement shall
be as near as possible to the point of delivery, and the instruments, with
the necessary current and potential transformers for the measurement
of power hereunder, shall be provided, installed and maintained correct
by the Company.

(c) Whenever the said measuring instruments are connected at other
than the point of delivery their reading shall be subject to a correction and
shall be corrected to give a reading such as would be obtained by instru-
ments connected at the point of delivery. Such corrections shall be based
upon tests or calculations by the Company.

(d) Should the point of measurement be located on the premises of
the Corporation no rental charge shall be made to the Company for the
location of said instruments or transformers on the Corporation's premises.

(e) Access to said instruments and transformers belonging to the
Company shall be free to the Company at any and all times and the
Company may test, calibrate or remove said measuring instruments and
transformers at any reasonable time, but when possible the Corporation
shall be advised at least seven (7) days in advance of the Company's
intention to re-calibrate, remove or change the measuring instruments,

(/) The Corporation shall have the right to test any such measuring
instruments, in the presence of a representative of the Company, by
giving to the Company seven days' previous notice in writing of its desire
to test such measuring instruments.

(g) The Company shall repair or replace and re-test defective meters
or measuring equipment within a reasonable time, but, during the time
there is no meter in service it shall be assumed that the power consumed
is the same as for the other days of the same month on which a similar
load existed.

(h) The Corporation shall be responsible for any damage to the
property or apparatus furnished by the Company for the purpose of supply-
ing or measuring power hereunder and installed on the Corporation's
property, providing such damage originates from a source external to the
said apparatus of the Company, and is not due to defects in the apparatus
of the Company, but not to include damage caused by lightning.

4 (a) . The maintenance by the Company of approximately the agreed
voltage at approximately the agreed frequency at the point of delivery
shall constitute the supply of power involved herein and a fulfilment of
all the operating obligations hereunder, and when the voltage and the
frequency are so maintained the amount of power, its fluctuations, load
factor, power factor, distribution as to phases, and all other characteristics
and qualities are under the sole control of the Corporation, its agents,
apparatus, appliances and circuits.

(6) In case the supply of power be interrupted and the Company shall
at any time or times be so prevented from delivering said power or any
part thereof, or the Corporation be prevented from taking such power, by
strikes, lockouts, riot, fire, lightning, invasion, exolosion, act of God, or
of the King's enemies, act of any Governmental body, or by reason of
any other cause or causes reasonably beyond its control, then the Company
shall not be bound to deliver such power during such time and the Cor-
poration shall not be bound to pay for such power during such time.

(c) The Company shall be prompt and diligent in removing the cause
of such interruption, but the Corporation shall not be bound to pay for
such power during such time. As soon as the cause of such interruption
is removed the Company shall, without any delay, deliver the said power
as aforesaid, and the Corporation shall take and use the same.

{d) It is further agreed hereby that the Company shall have the right

at reasonable times, and when possible after <Jue notice has been given to
the Corporation to discontinue the supply of power to the Corporation for
the purpose of safeguarding life or property, or for the purpose of making
repairs, renewals, or replacements to the lines or apparatus of the Com-
pany, but all such interruptions shah be of a minimum duration and when
possible arranged for at a time least objectionable to the Corporation.

Such interruptions shall not release the Corporation from its obligations
to pay for or resume the use of power when service is restored.

(e) If, and so often, as any interruption shall occur in the electric power
service of the Company to the Corporation , in connection with its domestic
use, due to any cause or causes, other than those provided for under section
4(6) and (d) hereof, the Company shall pay to the Corporation, as liqui-
dated and ascertained damages, and not by way of penalty, an amount
equal to double the amount payable by the Corporation for power which
should have been supplied during the time of such interruption.

5. A representative or engineer of the Company appointed for this
purpose may, at any reasonable time during the continuance of this
agreement, have access to the premises of the Corporation for the purpose
of inspecting the electrical apparatus, plant or property of the Corporation
and to take records therefrom as required, and the Corporation shall have
a similar right in respect to the premises of the Company.

6. It is further understood and agreed between the parties hereto that
the Company will not sell power to any new customer in amounts less than
four hundred (400) horse-power, except with the consent of the Public
Utilities Commission of the City of Sault Ste. Marie and in no case will
the Company sell to other customers electric energy for domestic or com-
mercial lighting or water purposes, save when power is sold to industrial
institutions who make use of part of the said power for its own lighting
service.

7. In the event of disagreement between the Company and the Cor-
poration, as to the meaning of this agreement, or any clause thereof, or
carrying out the terms of this agreement, the same shal^ be adjusted and
settled by arbitration, and shall be subject to The Ontario Arbitration
Act and amendments thereto.

10. It is further understood and agreed that contracts between the
Algoma Steel Corporation and the Corporation of the City of Sault Ste.
Marie, dated the 2nd day of October, 1914, and the assignment thereof
to the Great Lakes Power Company, Limited, and contract between the
Great Lakes Power Company, Limited, and the Corporation of the Town
of Steelton, bearing date the 1st day of September, 1916, are hereby can-
celled and this agreement shaU constitute the sole and only contract dealing
with the supply of electric energy between the parties hereto.

This clause shall not be operative until, as and when this contract has
been executed by the parties hereto in pursuance of the necessary enabling
by-law being actually passed by the Corporation, and the terms of this
contract shall be applicable to the original block of four thousand (4,000)
horse-power as well as the additional blocks hereinbefore referred to.

11. The Company shall be entitled at the termination of this agreement
or any extension thereof, or within thirty (30) days thereafter, to remove
from the Corporation's premises any and all plant or equipment which
may have been installed by the Company for the supply or measurement
of power hereunder.

12. This contract shall be and remain in full force and effect for a
period of ten (10) years from the date hereof and at the expiration of the
said ten (10) years the Corporation shall have the right to renew the said
contract on the same terms and conditions, for a further period of ten (10)
years and on the expiration of the said renewal then for further renewals
of ten (10) years each up to and including a third renewal so as to make the
term of this contract, with renewals, optional to the Corporation, a pciod
of forty (40) years, and in so far as this contract refers to and deals with

the blocks of power referred to in clauses "a" and "6" in paragraph 1
hereof, the Corporation shall have the right beyond the said forty (40)
year period for such further renewal periods of ten (10) years each as the
Corporation, at its option, may decide to enter into. In case of any
renewal the Corporation sha'l give the Company six (6) months' notice
in writing of its intention so to do.

This agreement shall be binding upon and enure to the benefit of the
parties hereto and the successors and assigns of the parties hereto.

It witness whereof tht parties hereto have hereunto set their Corporate
Seals, attested by the signatures of the proper officers respectively:

Signed, Sealed and Delivered

The Great Lakes Power Company,
in the presence of: Limited,

By "Jno. a. McPhail,"
"A. E. Pickering" as to execution Vice-President.

by Jno. A. McPhail. (seal)

"Ethel Hugill" as to execution by By "J. M. McNeil,"

J. M. McNeil. Assistant Secretary.

The Municipal Corporation of
the City of Sault Ste. Marie,

"H. S. Hamilton," as to execution By "T. J. Irwin,"

by T. J. Irwin and R. G. Campbell. Mayor.

By "R. G. Campbell,"
(seal) Clerk.

By-law Number 1340 of the City of Sault Ste. Marie

A By-law to authorize the Municipal Corporation of the City of Sault
Ste. Marie to enter into a Supplemental Contract with the Great Lakes
Power Company, Limited, for the better securing the carrying out of a
contract by the said Great Lakes Power Company, Limited, for a supply of
electrical power to the said Municipal Corporation.

Whereas a By-law was submitted for and obtained the assent of the
Municipal Electors of the said City of Sault Ste. Marie at the Municipal
Elections held on the second day of January, 1928, authorizing the Muni-
cipal Corporation of the said City to enter into a contract with the Great
Lakes Power Company, Limited, for a supply of electrical power on the
terms and conditions set forth in a form of contract attached to and
forming part of said By-law;

And whereas the said Power Company has agreed to supplement the
terms of the said contract so assented to by undertaking additional
obligations;

And whereas the said Municipal Council in consideration of the said
Power Company entering into a contract undertaking the said additional
obligations are favourable to finally passing the said By-law so assented to
by the Municipal electors, and the said Power Company having agreed
to enter into the said supplemental contract;

Be it therefore enacted by the Municipal Council of the Corporation of
the City of Sault Ste. Marie as follows:

1. The Municipal Corporation of the City of Sault Ste. Marie shall
forthwith enter into a supplemental contract with the Great Lakes Power
Company, Limited, according to the form of contract attached hereto as
Schedule "A," and forming part of this By-law.

2. The Mayor and Clerk of the said Municipal Corporation of the City
of Sault Ste. Marie are hereby authorized and directed to execute a con-
tract in accordance with the form of contract and embodying the terms
and conditions set forth in Schedule "A" hereto, and to affix thereto the
Corporate Seal of the said Municipal Corporation.

Read a First, Second and Third time, and finally passed in open Council
this seventh day of February, 1928.

(Sgd.) T.

J. IrwIn,

Mayor

(seal)

(Sgd.) R. G.

Campbell,
Clerk.

Schedule "A''

This indenture made in duplicate the 10th day of February, A.D. 1928.

Between:

The Great Lakes Power Company, Limited, a Com-
pany incorporated under the laws of the Province of
Ontario, hereinafter called the "Company,"

of the first part,
— and —

The Municipal Corporation of the City of Sault
Ste. Marte, hereinafter called the "Corporation,"

of the second part.

Whereas by oflfer dated the 1st day of December, A.D. 1927, the
Company agreed to enter into a contract in accordance with a form of
contract attached to the said offer as Schedule "A" thereto, hereinafter
referred to as the "proposed contract," in consideration of and forthwith
upon the submission of a By-law to and for the assent of the Municipal
Electors of the said Corporation and the final passing of said By-law by
the said Council after the said assent had been obtained from the Municipal
Electors.

And whereas the said By-law with the "proposed contract" attached
as Schedule thereto was duly submitted, and obtained the assent of the
Municipal Electors at the Municipal Elections held at the City of Sault
Ste. Marie, on January 2nd, 1928.

And whereas the Company has agreed to supplement the said "proposed
contract" assented to as aforesaid by undertalcing and assuming further
and additional obligations supplemental and collateral to the terms and
conditions of the said " proposed contract" and without in any way varying,
amending or otherwise affecting the terms and conditions of the said
"proposed contract," except by way of creating additional obligations on
the part of the said Company to be performed as hereinafter set forth.

Now this indenture witnesseth that in consideration of the premises,
the final passing by the Council of the By-law authorizing the execution
of the "proposed contract," and the payment by the Corporation to the
said Company of the sum of Ten ($10.00) Dollars of lawful money of
Canada, the receipt whereof is hereby acknowledged, the said Company
hereby covenants, undertakes and agrees as follows:

1. To generate or cause to be generated the whole of the second block
of Five thousand (5,000) horse-power referred to in Paragraph one (1),
Clause (c), of the said "proposed contract," on the Montreal or Michipi-
coten Rjivers, or both of them, and to deliver the same from a plant or
plants, to be constructed at an estimated cost of $2,500,000.00 on either
or both of the said rivers, and from the development on either or both of
the said rivers only, and from no other power development, and from the

first block of power developed on either of these sites, to make available
for the said Corporation at least sufficient horse-power electrical energy
to fulfil all the demands of the said Corporation properly made under
Paragraph one (1), Clause (c), of the said "proposed contract," and to
supply and deliver such amount of horse-power electrical energy to the
said Corporation by a transmission line, of first-class construction capable
of an ultimate capacity of Forty Thousand (40,000) horse-power, and to
have available for industry in Sault Ste. Marie Five Thousand (5,000)
additional horse-power electrical energy over and above the total horse-
power electrical energy corrtracted to be delivered to the said Corporation
under the said proposed contract.

The undertaking given by the Company in this paragraph is not to
limit in any way the right of the said Corporation to demand from the
said Company the supply of power to which it is entitled under the said
proposed contract, regardless of where or how the said Company must
obtain it to fulfil the terms of the said proposed contract, from any source
of supply from which the said Company may obtain it, but it is intended
as an additional obligation upon the Company to supply and deliver the
said power from the sources of development described in this paragraph.

2. To forthwith, after the said "proposed contract" and this supple-
mental agreement has been entered into between the Parties hereto,
commence preliminary work in connection with the development work
described in Paragraph one (1) above, and to carry on the said work
vigorously and continuously as far as practicable, and to build and
complete the s&id plant or plants sufficiently to deliver the power which
the said Corporation may demand under Paragraph one (1), Clause (c),
of the said "proposed contract" and the said additional Five Thousand
(5,000) horse-power agreed to be made available for industry over and
above the amount provided for by the said "proposed contract," from
the Montreal River or the Michipicoten River or both, on or before the
First day of November, 1930, and to build and complete the said trans-
mission line to the City of Sault Ste. Marie on or before the first Day of
November, A.D. 1930, or such earlier date as the Corporation may be
entitled to demand delivery of power as provided by Paragraph four (4)
herein.

3. To construct or complete or cause to be constructed or completed
on or before the First day of November, A.D. 1930, or such earlier date
as the Corporation may be entitled to demand delivery of power as pro-
vided by Paragraph four (4) herein, a hydro-electric power plant or
plants on the Montreal River or on the Michipicoten River, capable of
developing at least Fifteen Thousand (15,000) horse-power of electrical
energy, and to install or cause to be installed on or before the last-mentioned
date the necessary machinery capable of developing at least Ten Thousand
(10,000) horse-power of electrical energj'.

4. Should the Corporation require and demand from the Company
any of the blocks of power to which it is entitled under Paragraph One (1),
Clause (c), of the said "proposed contract," at any date earlier than the
said First day of November, A.D. 1930, to have such works and power
ready for delivery therefrom at any earlier date at which the said Company
is required to supply it, in pursuance of a demand made by the Corporation
under the terms of the said "proposed contract."

5. In the event of the Corporation desiring to supply rural municipali-
ties adjacent to its corporate limits with electrical energy for farm,
house and other municipal purposes the Company will render to the Cor-
poration every assistance in its power in so doing and will sell and deliver
to the Corporation any electrical power the Corporation may require for
sale and delivery to said municipalities for the purposes aforesaid. Any
power delivered to the Corporation under the provisions of this paragraph
shall not be deducted from or charged against any part of the Ten Thousand
(10,000) horse-power to be delivered by the Company to the Corporation
under the provisions of the said proposed contract and the Company will
from time to time reserve, sell anfi deliver to the Corporation in excess of
said Ten Thousand (10,000) horse-power provided for by said proposed
contract any electrical energy so sold and delivered by the Corporation

to said rural municipalities. Any electrical energy sold and delivered by
the Company to the Corporation for said rural municipalities under the
provisions of this paragraph shall be paid for by the Corporation at
the price, in the manner and upon the terms provided in said proposed
agreement for the payment of power supplied by the Company to the
Corporation thereunder.

6. The Company, as security for the due performance of the terms of
this supplemental contract, has agreed to and hereby does deposit with
the Treasurer of the said Corporation, Dominion of Canada Victory Loan
Bonds (1934) of the face value of Twenty-five Thousand ($25,000.00)
Dollars with interest coupons thereto attached, described in detail as
follows: Twenty-five (25) 1934 Bonds, numbered as follows:

T445957,
T491846,
T128793,
T146907,
T003091.

T445958,
T173988,
T110381,
T012927,
T128792,

T43199,
T423016,
T140804,
T009628,
T567975.

T553232,
T161390,
T567906,
T560553,
T509341,

T543352,
T002221,
T404138,
T560554,
T162371.

The said Company covenants and agrees with the said Corporation
that the said Treasurer is to hold and retain the said bonds until the under-
takings, covenants and obligations of the said Company under Paragraphs
One (1) to Four (4) above inclusive of this supplemental contract have
been fully fulfilled, discharged and satisfied, in which event the said bonds
are to be redelivered and surrendered by the said Treasurer to the said
Company, and during the performance by the said Company of its obliga-
tions and undertakings under this supplemental contract and before any
default has been made by it hereunder, the said interest coupons attached
to said bonds shall from time to time as they become due and payable
be detached by the said Treasurer and deliverefl to the said Company.

Should the said Company for any reason fail or neglect to carry out and
fulfil any of the undertakings or obligations set forth in Paragraphs One (1),
Two (2), Three (3), Four (4) above, or should the said Company fail or
neglect to carry out or fulfil the obligations set forth in any of the said
Paragraphs One (1) to Five (5) inclusive, then the said Company hereby
covenants and agrees that the said Victory Loan Bonds of the par value
of Twenty-five Thousand ($25,000.00) Dollars, together with any interest
coupons for interest accruing since such default, shall be deemed to be
transferred, surrendered and forfeited by the said Company to the said
Corporation as liquidated damages payable to the said Corporation and
not as a penalty, in which event the said Company covenants and agrees
to do or casue to be done all necessary acts to fully transfer to and ve«5t
in the said Corporation the said Victory Loan Bonds with interest coupons
attached as hsreinbefore enumerated. For the purposes of this paragraph
with reference to the redelivery of said bonds only, the Company shall be
conclusively deemed to have performed all its contracts, undertakings and
obligations under Paragraphs One (1) to Five (5) inclusive of this supple-
mental contract and to be entitled to the redelivery and surrender by
the said Treasurer o' said bonds when and so soon as the power plant or
plants and transmission line and development works referred to in said
paragraphs have been completed in the manner and to the extent men-
tioned in said paragraphs and the Company is ready and willing to deliver
power to the Corporation pursuant thereto.

7. The Corporation hereby by its execution of this Agreement acknowl-
edges receipt and accepts delivery of the said enumerated Victory Loan
Bonds and undertakes to hold same subject to the terms and conditions
hereinbefore set forth.

8. This Agreement shall be binding upon and enure to the benefit
of the Parties hereto and their respective successors and assigns.

In witness whereof the Parties hereto have hereunto affixed their
Corporate Seals attested by the signature of their respective proper Officers.

Signed, Sealed and Delivered
In the presence of:

"A. E. Pickering," as to execu-
tion by Jno. a. McPhail.

"Ethel Hugdll," as to execution
by J. M. McNeil.

" H. S. Hamilton," as to execution
by T. J. Irwin and R. G.
Campbell.

The Great Lakes Power
Company. Limited.

By "Jno. A. McPhail,"

(seal) Vice-President.

By "J. M. McNeil,"

Assistant Secretary.

The Municipal Corporation of
the City of Sault Ste. Marie.

By "T.J. Irwin,"
(seal) Mayor.

By "R. G. Campbell,"
Clerk.

SCHEDULE 2.

1. By-law Number 1289, being a By-law to authorize the issue of
debentures to raise the sum of Seven Hundred ($7(X).00) Dollars to pay
for the cost of construction of private sewer connections on Wellington
Street East, between the east side of Gore Street and the west side of
Fauquier Avenue in the said City of Sault Ste. Marie.

2. By-law Number 1290, being a By-law to authorize the issue of
debentures to raise the sum of Six Hundred ($600.00) Dollars to pay for
the cost of the construction of a storm sewer on lane running west of East
Street and north of the Post Office Building, which is erected on the corner
of Queen Street and East Street in the City of Sault Ste. Marie.

3. By-law Number 1291, being a By-law to authorize the issue of
debentures to raise the sum of Twenty-four Hundred ($2,400.00) Dollars
to pay for the cost of construction of sanitary sewers on Hearst Street
and Laurier Place as provided in Construction By-law Number 1262-A of
the City of Sault Ste. Marie and on a lane running west of East Street and
north of the Post Office Building, which is situated on the corner of East
Street and Queen Street in the City of Sault Ste. Marie, as provided in
Construction By-law Number 1284 of the City of Sault Ste. Marie, and
that is the amount of the debt to be created.

4. By-law Number 1307, being a By-law to provide for the borrowing
of the sum of Twenty-five Hundred ($2,500.00) Dollars on debentures
for the purpose of paying for the cost of construction of a waterworks
system for Greenwood Cemetery-.

law to provide for the borrowing

"" "^ -^ •• .j^ Q,j debentures

k on St. Andrews

5. By-law Number 1321-A, being a By-law to provide fo
the sum of Twenty-five Hundred ($2,500.00) Dollars
• the purpose of constructing a bridge over the Fort Creek

of , -. - -

for the purpose of constructing a bridge „
Terrace in the City of Sault Ste. Marie.

6. By-law Number 1330, being a By-law to provide for the borrowing
of the sum of Fourteen Thousand Four Hundred ($14,400.00) Dollars on
flebentures for the purpose of paying the cost of construction of certain
storm sewers in the Citv of .Sault Ste. Marie.

25^

3 2.

:»

Grq__ 3

(/}" ri-

:?:

o cr

hrl

r
><
o

(72

51.

0^3

Pi,

5i-

>
>

2 3

■rt-'

CTQ
ft

o '^

r
C

No. 54. 1928.

BILL

An Act respecting the City of Sault Ste. Marie.

WHEREAS the municipal council of the corporation of Preamble,
the city of Sault Ste. Marie, hereinafter called the
corporation, has, by petition, represented that by-laws numbers
1^33 and 1340 were duly passed by the corporation and the
contracts authorized thereby duly entered into with "The
Great Lakes Power Company, Limited," and that it is desir-
able that the said by-laws and the contracts so entered into
should be validated and confirmed, and also that the by-laws
of the said corporation set forth in schedule "2" hereto
should be validated and confirmed, and that all sales of land
within the city of Sault Ste. Marie made subsequent to the
31st day of December, 1924, and prior to the 1st day of January,
1928, which purport to have been made by the said corpora-
tion for arrears of taxes in respect to the land so sold, for
which tax deeds have been issued by the said corporation,
be validated and confirmed; and whereas it is expedient to
grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

-umm

1. This Act may be cited as The City of Sault Ste. Marie short title. ' kW
Act, 1928.

2. By-laws number 1333 and number 1340 of the corpora- ^^"'^^3^33
tion and the contracts with "The Great Lakes Power Com-i340and
pany, Limited," authorized by said by-laws and set out in with The

Great Lakes

schedule "1" hereto, are confirmed and declared to be legal. Power co.
valid and binding upon the corporation and the ratepayers °°'^^'^'"®'*"
thereof, and upon the said company.

3. The by-laws of the said corporation specified in schedule Debenture
"2" hereto are hereby confirmed and declared to be legal, schedule 2
valid and binding upon the corporation and the ratepayers
thereof.

4.— (1) All sales of land within the city of Sault Ste. Marie J^x sa^es
made subsequent to the 31st day of December, 1924, and confirmed.

Case of
munici-
pality as
purchaser.

iitlgation (^) Nothing in this section contained shall affect any action,

not afifected. litigation or other proceedings now pending, but the same

may be proceeded with and finally adjudicated upon in the

same manner and as fully and effectually as if this Act had

not been passed.

Case of right
to develop
power.

Nothing in this Act or in the agreements set out as
schedules hereto shall be construed as conferring on The
Great Lakes Power Company, Limited, the right to develop
electrical power either at the Michipicoten River or at the
Montreal River.

ment°oT^°^' ®* This Act shall come into force on the day upon which
■A-ot. it receives the Royal Assent.

SCHEDULE 1.

By-Law Number 1333 of the City of Sault Ste. Marie

A By-iaw to authorize the Municipal Corporation of the City of Sault
Ste. Marie to enter into a contract with the Great Lakes Power Company,
Limited, for a supply of electrical power.

Whereas it is deemed expedient to enter into a contract with the
Great Lakes Power Company, Limited, for a supply of electrical power
on the terms and conditions set forth in the form of contract hereto annexed
as Schedule "A" and forming part of this By-law; and the liability to be
created by this By-law and the said contract is fully set forth in the form
of contract hereto annexed as Schedule "A."

And whereas the amount of the whole rateable property of the Muni-
cipality according to the last revised assessment roll is $22,771,851.00.

And whereas the amount of the debenture debt of the Corporation is
$4,152,270.88, and no part of the principal or interest of said debenture
debt is in arrear.

Be it therefore enacted, by the Municipal Council of the Corporation
of the City of Sault Ste. Marie as follows:

Read a first time this second day of December, A.D. 1927.

(Signed) R. G. Campbell, Clerk.

Read a Second and Third time and, having been assented to by the
Municipal electors, passed in open Council, this seventh day of February,
A.D. 1928.

"T. J. Irwin," Mayor.

"R. G. Campbell," Clerk.

Schedule "A."

Referred to in and Forming Part of the Attached By-Law
Number 1333, Signed "R. G. Campbell,'' City Clerk.

This Indenture made in duplicate the Tenth day of February, in the
year of our Lord, one thousand nine hundred and twenty-eight.

Between:

The Great Lakes Power Company, Limited, a
Corporation incorporated under the laws of the Province
of Ontario, hereinafter called the "Company,"

of the first part,
— and —

The Municipal Corporation of the City of Sault
Ste. Marie, hereinafter called the "Corporation,"

of the second part.

Whereas the Company is now carrying on the business of producing
and selling Hydro-Electric energy in the City of Sault Ste. Marie.

And whereas the Company is now under contract to supply and deliver
to the said Corporation, electric energy to the extent of four thousand
(4,000) horse-power.

And whereas the said Corporation desires to acquire and reserve
additional Hydro-Electric energy.

Now therefore this indenj;ure witnesseth that in consideration of the
premises the parties hereto agree each with the other as follows:

L The Company agrees:

{b) To reserve, to supply and deliver to the Corporation one thousand
(1,000) horse-power additional electric energy, within three (3) months
from the execution of this agreement, the same to be delivered and to be
paid for in amounts as and when used by the Corporation, at Twenty
Dollars ($20.00) per horse-power per annum, for said one thousand (1,000)
horse-power;

(c) To reserv^e to the Corporation further additional electric energy,
to the extent of five thousand (5,000) horse-power, and to supply and
deliver the same to the Corporation in blocks of not less than one thousand
(1,000) horse-power each, the f^st of such blocks of electric energy to be
supplied and delivered within fifteen (15) months of written demand made
therefor by the Corporation, and any subsequent block within three (3)
months of written demand as aforesaid, and the said five thousand (5,000)
horse-power, or any portion thereof to be paid for at a rate to be agreed
on between the Company and the Public Utilities Commission of the
Corporation, and in case of disagreement the rate shall be arbitrated
before and settled by the Hydro-Electric Power Commission, whose
decision shall be final and binding on both parties hereto but in no case
shall the said rate exceed twenty-two ($22.00) Dollars per horse-power
per annum;

{d) 1. The Company agrees that for the purpose of carrj'ing out the
obligations undertaken for the supply and delivery of the entire block of
five thousand (5,000) horse-power, or any part thereof, mentioned in
clause (c) of paragraph 1 hereof, the Company will cause to be developed,
either at the Michipicoten River or the Montreal River, a power develop-
ment sufficient to furnish such power and to construct the necessary
transmission lines to Sault Ste. Marie for the delivery of such power.

(/) To deliver commercially continuous twenty-four (24) hour power
every day in the year, except as provided for herein, at the point of
delivery herein defined as the city's sub-station within the city limits of
the Corporation.

2. The Corporation agrees:

(c) Subject to the provisions of clause "B" hereof to pay to the Com-
pany monthly for all power taken by the Corporation at the rates herein-
before specified;

Each month's payments are to be made as though the maximum
amount taken during that month was taken for the whole month, save
that Clause "B"'' hereof shall govern the minimum.

{b) For electric power supplied up to five thousand (5,000) horse-power,
under clauses "A" and "B" of paragraph 1 hereof, the minimum amount
of power to be paid for, whether used by the Corporation or not, shall be
three-fourths of the greatest amount of power previously taken and used
by the Corporation as measured under the terms of this agreement.

When additional electric energy is ordered or demanded by the Cor-
poration, under clause "C" of paragraph 1 hereof, the minimum amount of
power to be paid for, whether used by the Corporation or not, shall be
three-fourths of the total amount of power demanded by the Corporation.

The said total power shall include the five thousand (5,000) horse-power
referred to in clauses "A" and "B," of paragraph 1 hereof, together with
such additional block or blocks of power that may be demanded by the
Corporation under the provisions of clause "C" of paragraph 1 hereof,
at such time or times as the said blocks, or either of them, are actually
delivered or held in reserve by the Company, in pursuance of the terms
of the demand or demands of the Corporation, or such earlier time or
times as the Corporation may agree, in writing, to accept delivery of the
said blocks and the Company agreeing to deliver the same.

(d) At all times to take and use the three-phase power in such a manner
that the current will be equally taken from the three phases and in no case
shall the difference between any two phases be greater than ten per cent.

(10%).

(e) At aU times to so take and use the three-phase power that the
ratio of the kilowatts to the kilovolt-amperes is a maximum, but in any
event the customer shall pay for at least ninety per cent. (90%) of the
maximum kilovolt-amperes considered as true power of kilowatts. The
maximum demand in kilovolt-amperes or kilowatts shall be taken as the
maximum average or integrated demand over any twenty consecutive
minutes.

One horse-power is defined as 0.746 kilowatts.

One kilowatt is defined as the product of the instantaneous current

voltage and power-factor of the load as shown by a standard polyphase
wattmeter and divided by one thousand.

One kilovolt-ampere is defined as the product of the simultaneous
average current per phase times the average voltage between phases,
times 1,732 and divided by one thousand.

The power factor is defined as kilowatts divided by kilovolt-amperes.

(/) To take electric energy exclusively from the Company during the
continuance of this agreement, or any renewal thereof, until such time as
the Corporation requires Hydro-Electric energy in excess of the amount
provided for in this agreement.

(g) Bills shall be rendered by the Company to the Corporation on or
before the tenth day and paid by the Corporation on or before the twentieth
day of each calendar month.

All payments in arrears shall bear interest at the legal rate.

(k) Any demands for blocks of power mentioned in clause "c" of
paragraph 1 hereof shall be made bona fide and in good faith, and for use
that it has reasonably in contemplation.

It is mutually agreed as follows:

3. (o) Measurement of the power held in reserve or taken by the.
Corporation hereunder shall be made by means of a standard polyphase
Graphic Recording Wattmeter, and other meters as required, so arranged
as to accurately measure and record the power taken by the Corporation.

Provided, however, that the billing contemplated in this paragraph
shall not be less than the payments for power contemplated in clause "b"
of paragraph 2 hereof.

(g) The Company shall repair or replace and re-test defective meters
or measuring equiprhent within a reasonable time, but, during the time
there is no meter in service it shall be assumed that the power consumed
is the same as for the other days of the same month on which a similar
load existed.

4 (a). The maintenance by the Company of approximately the agreed
voltage at approximately the agreed frequency at the point of delivery
shall constitute the supply of power involved herein and a fulfilment of
all the operating obligations hereunder, and when the voltage and the
frequency are so maintained the amount of power, its fluctuations, load
factor, power factor, distribution as to phases, and all other characteristics
and qualities are under the sole control of the Corporation, its agents,
apparatus, appliances and circuits.

(6) In case the supply of power be interrupted and the Company shall
at any time or times be so prevented from delivering said power or any
part thereof, or the Corporation be prevented from taking such power, by
strikes, lockouts, riot, fire, lightning, invasion, explosion, act of God, or
of the King's enemies, act of any Governmental body, or by reason of
any other cause or causes reasonably beyond its control, then the Company
shall not be bound to deliver such power during such time and the Cor-
poration shall not be bound to pay for such power during such time.

(c) The Company shall be prompt and diligent in removing the cause
of such interruption, but the Corporation shall not be bound to pay for
such power during such time. As soon as the cause of such interruption
is removed the Company shall, without any- delay, deliver the said power
as aforesaid, and the Corporation shall take and use the same.

(d) It is further agreed hereby that the Company shall have the right

at reasonable times, and when possible after due notice has been given to
the Corporation to discontinue the supply of power to the Corporation for
the purpose of safeguarding life or property, or for the purpose of making
repairs, renewals, or replacements to the lines or apparatus of the Com-
pany, but all such interruptions shah be of a minimum duration and when
possiole arranged for at a time least objectionable to the Corporation.

Such interruptions shall not release the Corporation from its obligations
to pay for or resume the use of power when service is restored.

7. In the event of disagreement between the Company and the Cor-
poration, as to the meaning of this agreement, or any clause thereof, or
carrying out the terms of this agreement, the same shal|l be adjusted and
settled by arbitration, and shall be subject to The Ontario Arbitration
Act and amendments thereto.

12. This contract shall be and remain in full force and effect for a
period of ten (10) years from the date hereof and at the expiration of the
said ten (10) years the Corporation shall have the right to renew the said
contract on the same terms and conditions, for a further period of ten (10)
years and on the expiration of the said renewal then for further renewals
of ten (10) years each up to and including a third renewal so as to make the
term of this contract, with renewals, optional to the Corporation, a period
of forty (40) years, and in so far as this contract refers to and deals with

the blocks of power referred to in clauses "a" and "b" in paragraph 1
hereof, the Corporation shall have the right beyond the said forty (40)
year period for such further renewal periods of ten (10) years each as the
Corporation, at its option, may decide to enter into. In case of any
renewal the Corporation shaU give the Company six (6) months' notice
in writing of its intention so to do.

This agreement shall be binding upon and enure to the benefit of the
parties hereto and the successors and assigns of the parties hereto.

It witness whereof the parties hereto have hereunto set their Corporate
Seals, attested by the signatures of the proper officers respectively:

Signed, Sealed and Delivered

in the presence of:

The Great Lakes Power Company,
Limited,

By "J NO. A. McPhail,"
"A. E. Pickering" as to execution Vice-President.

by Jno. a. McPhail. (seal)

'Ethel Hugill" as to execution by
J. M. McNeil.

By "J. M. McNeil,"

Assistant Secretary.

The Municipal Corporation of
THE City of Sault Ste. Marie,

"H. S. Hamilton," as to execution By "T. J. Irwin,"

by T. J. Irwin and R. G. Campbell. Mayor.

By "R. G. Campbell,"
(seal) Clerk.

I:- \i

By-law Number 1340 of the City of Sault Ste. Marie

Whereas a By-law was submitted for and obtained the assent of the
Municipal Electors of the said City of Sault Ste. Marie at the Municipal
Elections held on the second day of January, 1928, authorizing the Muni-
cipal Corporation of the said City to enter into a contract with the Great
Lakes Power Cornpany, Limited, for a supply of electrical power on the
terms and conditions set forth in a form of contract attached to and
forming part of said By-law;

And whereas the said Power Company has agreed to supplement the
terms of the said contract so assented to by undertaking additional
obligations;

And whereas the said Municipal Council in consideration of 'the said
Power Company entering into a contract undertaking the said additional
obligations are favourable to finally passing the said By-law so assented to
by the Municipal electors, and the said Power Company having agreed
to enter into the said supplemental contract;

Be it therefore enacted by the Municipal Council of the Corporation of
the City of Sault Ste. Marie as follows:

Read a First, Second and Third time, and finally passed in open Council
this seventh day of February, 1928.

(Sgd.) T. J. iRwiN,

Mayor

(Sgd.) R. G. Campbell,
(seal) Clerk.

Schedule "A''

This indenture made in duplicate the 10th day of February, A.D. 1928.

Between:

The Great Lakes Power Company, Limited, a Com-
pany incorporated under the laws of the Province of
Ontario, hereinafter called the "Company,"

of the first part,
— and —

The Municipal Corporation of the City of Sault
Ste. Marie, hereinafter called the "Corporation,"

of the second part.

Whereas by offer dated the 1st day of December, A.D. 1927, the
Company agreed to enter into a contract in accordance with a form of
contract attached to the said oflfer as Schedule "A" thereto, hereinafter
referred to as the "proposed contract," in consideration of and forthwith
upon the submission of a By-law to and for the assent of the Municipal
Electors of the said Corporation and the final passing of said By-law by
the said Council after the said assent had been obtained from the Municipal
Electors.

And whereas the Company has agreed to supplement the said " proposed
contract" assented to as aforesaid by undertaking and assuming further
and additional obligations supplemental and collateral to the terms and
conditions of the said " proposed contract" and without in any way varying,
amending or otherwise affecting the terms and conditions of the said
"proposed contract," except by way of creating additional obligations on
the part of the said Company to be performed as hereinafter set forth.

1. To generate or cause to be generated the whole of the second block
of Five thousand (5,000) horse-power referred to in Paragraph one (1),
Clause (c), of the said "proposed contract," on the Montreal or Michipi-
coten Rivers, or both of them, and to deliver the same from a plant or
plants, to be constructed at an estimated cost of $2,500,000.00 on either
or both of the said rivers, and from the development on either or both of
the said rivers only, and from no other power development, and from the

first block of power developed on either of these sites, to make available
for the said Corporation at least sufficient horse-power electrical energy
to fulfil all the demands of the said Corporation properly made under
Paragraph one (1), Clause (c), of the said "proposed contract," and to
supply and deliver such amount of horse-power electrical energy to the
said Corporation by a transmission line, of first-class construction capable
of an ultimate capacity of Forty Thousand (40,000) horse-power, and to
have available for industry in Sault Ste. Marie Five Thousand (5,000)
additional horse-power electrical energy over and above the total horse-
power electrical energy contracted to be delivered to the said Corporation
under the said proposed contract.

2. To forthwith, after the said "proposed contract" and this supple-
mental agreement has been entered into between the Parties hereto,
commence preliminary work in connection with the development work
described in Paragraph one (1) above, and to carry on the said work
vigorously and continuously as far as practicable, and to build and
complete the s^id plant or plants sufficiently to deliver the power which
the said Corporation may demand under Paragraph one (1), Clause (c),
of the said "proposed contract" and the said additional Five Thousand
(5,000) horse-power agreed to be made available for industry over and
above the amount provided for by the said "proposed contract," from
the Montreal River or the Michipicoten River or both, on or before the
First day of November, 1930, and to build and complete the said trans-
mission line to the City of Sault Ste. Marie on or before the first Day of
November, A.D. 1930, or such earlier date as the Corporation may be
entitled to demand delivery of power as provided by Paragraph four (4)
herein.

date the necessary machinery capable of developing at least Ten Thousand j ip

(10,000) horse-power of electrical energy. M

; W

4. Should the Corporation require and demand from the Company '|
any of the blocks of power to which it is entitled under Paragraph One (1),

Clause (c), of the said "proposed contract," at any date earlier than the
said First day of November, A.D. 1930, to have such works and power
ready for delivery therefrom at any earlier date at which the said Company
is required to supply it, in pursuance of a demand made by the Corporation
under the terms of the said "proposed contract."

5. In the event of the Corporation desiring to supply rural municipali-
ties adjacent to its corporate limits with electrical energy for farm,
house and other municipal purposes the Company will render to the Cor-
poration every assistance in its power in so doing and will sell and deliver
to the Corporation any electrical power the Corporation may require for
sale and delivery to said municipalities for the purposes aforesaid. Any
power delivered to the Corporation under the provisionsof this paragraph
shall not be deducted from or charged against any part of the Ten Thousand
(10,000) horse-power to be delivered by the Company to the Corporation
under the provisions of the said proposed contract and the Company will
from time to time reserve, sell and deliver to the Corporation in excess of
said Ten Thousand (10,000) horse-power provided for by said proposed
contract any electrical energy so sold and delivered by the Corporation

T445957,
T491846,
T128793,
T146907,
T003091,

T445958,
T173988,
T110381,
TO 1292 7,
T128792,

T43199,
T423016,
T 140804,
T009628,
T567975,

T553232,
T161390,
T567906,
T560553,
T509341,

T543352,
T002221,
T404138,
T560554,
T162371.

Should the said Company for any reason fail or neglect to carry out and
fulfil any of the undertakings or obligations set forth in Paragraphs One (1),
Two (2), Three (3), Four (4) above, or should the said Company fail or
neglect to carry out or fulfil the obligations set forth in any of the said
Paragraphs One (1) to Five (5) inclusive, then the said Company hereby
covenants and agrees that the said Victory Loan Bonds of the par value
of Twenty-five Thousand ($25,000.00) Dollars, together with any interest
coupons for interest accruing since such default, shall be deemed to be
transferred, surrendered and forfeited by the said Company to the said
Corporation as liquidated damages payable to the said Corporation and
not as a penalty, in which event the said Company covenants and agrees
to do or casue to be done all necessary acts to fully transfer to and vest
in the said Corporation the said Victory Loan Bonds with interest coupons
attached as hareinbefore enumerated. For the purposes of this paragraph
with reference to the redelivery of said bonds only, the Company shall be
conclusively deemed to have performed all its contracts, undertakings and
obligations under Paragraphs One (1) to Five (5) inclusive of this supple-
mental contract and to be entitled to the redelivery and surrender by
the said Treasurer o' said bonds when and so soon as the power plant or
plants and transmission line and development works referred to in said
paragraphs have been completed in the manner and to the extent men-
tioned in said paragraphs and the Company is ready and willing to deliver
power to the Corporation pursuant thereto.

8. This Agreement shall be binding upon and enure to the benefit
of the Parties hereto and their respective successors and assigns.

In witness whereof the Parties hereto have hereunto affixed their
Corporate Seals attested by the signature of their respective proper Officers.

Signed, Sealed and Delivered
In the presence of:

'A. E. Pickering," as to execu-
tion by Jno. a. McPhail.

"Ethel Hugill," as to execution
by J. M. McNeil.

"H. S. Hamilton," as to execution
by T. J. Irwin and R. G.
Campbell.

The Great Lakes Power
Company. Limited.

By "Jno. A. McPhail,"

(seal) Vice-President.

By "J. M. McNeil,"

Assistant Secretary.

The Municipal Corporation of
THE City of Sault Ste. Marie.

By "T. J. Irwin,"
(seal) Mayor.

By "R. G. Campbell,"
Clerk.

SCHEDULE 2.

1. By-law Number 1289, being a By-law to authorize the issue of
debentures to raise the sum of Seven Hundred ($700.00) Dollars to pay
for the cost of construction of private sewer connections on Wellington
Street East, between the east side of Gore Street and the west side of
Fauquier Avenue in the said City of Sault Ste. Marie.

5. By-law Number 1321-A, being a By-law to provide for the borrowing
of the sum of Twenty-five Hundred ($2,500.00) Dollars on debentures
for the purpose of constructing a bridge over the Fort Creek on St. Andrews
Terrace in the City of Sault Ste. Marie.

6. By-law Number 1330, being a By-law to provide for the borrowing
of the sum of Fourteen Thousand Four Hundred ($14,400.00) Dollars on
debentures for the purpose of paying the cost of construction of certain
storm sewers in the City of Sault Ste. Marie.

^ 'V

H
O

rt-

04 .<3-

1^ Vi

r
o

'<1

ex-

?5-

Pi.

0K>

0^5

,—t.

o^a

>
>

P ^
c a>

■—' CO

* 3

s" ft)

r
r

2 3

Q
o

No. 55.

1928.

BILL

An Act respecting the Town of LaSalle.

WHEREAS the municipal corporation of the town of Preamble.
LaSalle has by its petition represented that the said
town was incorporated by The Town'' of LaSalle Act, 1924,
and the westerly limit of the said town was defined by
section 3 of the said Act as the harbour line of the Detroit
river, and that it is desirable that the said^ harbour line be
defined; and whereas the said corporation has by its petition
prayed that an Act may be passed for such purpose; and
whereas it is expedient to grant the prayer of the said
petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Provincfe of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of LaSalle Act, 1928. short title.

2. Section 3 of The Town of LaSalle Act, 1924, is amended 1924, o.
by adding thereto the following clause: amended.

(a) Until such time as the harbour line shall have been
laid out and defined under the authority of the
Honourable the Minister of Public Works of the
Dominion of Canada, or such other person as may be
duly authorized for the said purpose the words
"Harbour Line" in this section shall mean the line
of the contour of the bed of the Detroit river at a
depth of twenty -one feet of water from the established
datum of 572.40 feet above mean tide Atlantic.

§•

C/l

•o

>».

crc

§•

>■♦>

C/)

^ (

o O-

No. 55.

1928.

BILL

An Act respecting the Town of LaSalle.

WHEREAS the municipal corporation of the town of Preamble.
LaSalle has by its petition represented that the said
town was incorporated by The Town of LaSalle Act, 1924,
and the westerly limit of the said town was defined by
section 3 of the said Act as the harbour line of the Detroit
river, and that it is desirable that the said harbour line be
defined; and whereas the said corporation has by its petition
prayed that an Act may be passed for such purpose; and
whereas it is expedient to grant the prayer of the said
petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Town of LaSalle Act, 1928. short title.

2. Section 3 of The Town of LaSalle Act, 1924, is amended 1924, c.
by adding thereto the following clause: amended.

(a) The words "Harbour Line" in this section shall mean
the line of the contour of the bed of the Detroit
river at a depth of twenty-one feet of water from the
established datum of 572.40 feet above mean tide
Atlantic.

\. This Act shall come into force on the day upon which
it receives the Royal Assent.

^.^

3 n.

o cr

CO •<

••

ri-

•I

Pi-

"-1

cfq

?i-

rt-

<^a

o^a

I—*

o»ia

r
r

O
o C

-^ 0

No. 56.

1928.

BILL

An Act to amend The Church of England Trust Fund

Act, 1927.

WHEREAS the General Synod of the Church of England Preamble,
in Canada and the Missionary Society of the Church
of England in Canada have by petition represented that by
The Church of England Trust Fund Act, 1927, they were
authorized and empowered to consolidate, manage and invest
the trust funds under the contro of the said petitioners or
either of them as one general trust fund as in said Act set out;
and whereas the said petitioners have prayed that the said
Act may be amended as hereinafter set forth; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative A-ssembly of the Province of
Ontario, enacts as follows; —

1. This Act may be cited as The Church of England Trust ^horttme.
Fund Act, 1928.

2. The Church of England Trust Fund Act, 1927, is amended ^Sded ^^'
by adding thereto the following section:

6. The General Synod of the Church of England in
Canada and the Missionary Society of the Church
of England in Canada, and each of them may declare
and enact by canon or by by-law that the joint
committee of the said two corporations may receive
and hold for investment any trust funds or any other
securities or moneys vested in or held by any depart-
ment, board, council or committee of the General
Synod or vested in or held by any Provincial or
Diocesan Synod in the Dominion of Canada or any
board or committee thereof, which trust funds or
other securities or moneys when received shall form
part of the said general trust fund, on such terms
as the joint committee of the said two corporations
shall decide.

Powers
of joint
committee.

To deter-
mine amount
of interest
earned.

3. To remove doubts it is hereby declared that by the said
The Church oj England Trust Fund Act, 1927 , the joint com-
mittee of the said two corporations referred to therein were
and are authorized and empowered :

(a) To determine, fix and declare each year the amount
of interest and profits earned or deemed to be
earned and to be credited and the dividends which
shall be paid, on the securities of the said general
trust fund.

To deduct
amount of
default or
depreciation
from total
interest or
profits.

(6) In the event at any time of any default in payment
of the principal or the interest on any security, or
if at any time in the opinion of the joint committee
of the said two corporations there has been a
depreciation in the value of any security to deduct
from time to time the amount of such default or
depreciation from the total of the interest and
profits of that year or to direct that it be spread over
a period of years.

To borrow
money and
pledge
securities.

(c) Should it be deemed desirable or necessary by the
General Synod of the Church of England in Canada
and the Missionary Society of the Church of England
in Canada or either of them from time to time to
borrow money, and for this purpose to pledge
securities; to assign, convey and deposit with the
lender as security for such loan or loans, such
securities belonging to the said general trust fund
on such terms as in their opinion may be deemed
advisable or necessary. •

>
>

3 n

crq 5' ?0

=""?? O
go.

o cr -^

m o

H
a
o

0^5

0^3

crq

r
r

O CI

o O-

crq rt-

No. 57.

1928.

BILL

An Act to incorporate The Kenora and Red Lake
Railway Company.

WHEREAS the Kenora Paper Mills, Limited, have by ^'■^^"^•^•«-
their petition prayed that their board of directors be
granted incorporation, and be constituted a body corporate
and politic under the name of The Kenora and Red Lake
Railway Company ; and whereas their said board of directors
is composed as follows: Edward Wellington Backus, Seymour
Wellington Backus, William Frederick Brooks, of the city of
Minneapolis, in the state of Minnesota, one of the United
States of America; George McLean, of the town of Fort
Frances, in the district of Rainy River, and Donald McLeod,
of the town of Kenora, in the district of Kenora, all manu-
facturers; and whereas the purpose of the said Act of Incor-
poration is to empower the said persons to construct, maintain
and operate by steam or electricity a standard gauge railway
on the route hereinafter described; and whereas it has been
represented that the construction of the said railway would
open up new and undeveloped portions of the Province of
Ontario; and numerous resolutions of public bodies in North-
western Ontario have been passed, having for their object
the promotion of the construction of the said railway; and
whereas the mining interests of the Red Lake mining district
have represented that a railway should be constructed in
order to promote and facilitiate their operations; and whereas
it is expedient to grant the prayer of the said petition;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The said Edward Wellington Backus, Seymour Welling- J^^^^Jt^,^^
ton Backus, William Frederick Brooks, George McLean and
Donald McLeod, and such other persons and corporations
as shall hereafter become shareholders of the said company
are hereby constituted a body corporate and politic under
the name of "The Kenora and Red Lake Railway Company,"
hereinafter called "the Company."

'■■■■ 7

onine°" '^^ ^^^ company is authorized and empowered to survey,

lay out, construct, complete, equip and maintain a standard
gauge railway to be operated by steam or electricity, from a
point at or near the town of Kenora, thence in a northeasterly
direction crossing the National Transcontinental Railway,
and the English River, to a point or points at or near the
mining properties adjacent to Red Lake, Woman Lake, and
Narrow Lake in the Patricia portion of the district of Kenora,
with power to construct extensions and branches at different
points along the road as may be deemed advisable.

dfrectore"''' 3. The said Edward Wellington Backus, Seymour W.
Backus, William F. Brooks, George McLean and Donald
McLeod, shall be the provisional directors of the company.

Capital

stock.

4. The capital stock of the company hereby incorporated
shall be five million dollars ($5,000,000).

Bonding
powers.

5. The company may issue bonds, debentures, or other
securities to the extent of not more than one hundred thousand
dollars ($100,000) per mile of railway constructed or under
contract to be constructed.

Head office.

6. The head office of the company shall be at the town of
Kenora in the district of Kenora.

Construction
of railway
over Crown
lands, etc.

7. The company may, under and subject to such terms and
conditions as may be fixed by the Lieutenant-Governor in
Council lay down and construct its railway on, along and over
any Crown lands and lands over which the Crown has power
to grant such right, and also along, over and across any
highway or allowance for road in unorganized territory, and
along, over and across any highways in any organized muni-
cipality and over which the Crown has jurisdiction.

Right to
out timber
on Crown
lands.

8. The company may, under and subject to such terms and
conditions as may be fixed by the Lieutenant-Governor in
Council cut down and use from any Crown lands through or
along which the railway is being constructed such timber
as may be necessary in the construction of the railway and
may take and use such rock and gravel as may be necessary
for ballasting purposes.

Develop-
ment and
sale of elec-
trical power.

9. The company may acquire by lease or purchase water
power sites along or near the said line of railway for the
purpose of its operations and may construct and operate
power plants and transmission lines to its line of railway,
and may sell and dispose of all surplus electrical power to
municipalities, corporations and persons subject to such

terms, conditions and prices for power as may be fixed by the
Lieutenant-Governor in Council.

10. Forthwith after the passing of this Act the necessary Time for
surveys shall be made, and the work of actual construction ment^lndT'
of the railroad shall commence within two years and be''°'^'^^°**°"-
completed \yithin five years from the passing of this Act.

11. TJhe provisions of The Railway Act, except where in- Application
consistent with the provisions of this Act, shall apply to theof Rev. stat^
company and the railway to be epns^ucted "by it.p

J24.

12. This Act. shall come into fijrce oni:he;dky upon which ^el^tTf"''®'
it receives the Royal Assent. ": ;; \ ^ ^ct.

ST
ft

•-i^

o
w

3
>

n 3-

r
r

- "■ o

No. 57. 1928.

BILL

An Act to incorporate The Kenora and Red Lake
Railway Company.

"1¥7HEREAS the Kenora Paper Mills, Limited, have P''^^'^^^^-
YV by their petition represented that numerous
requests by way of resolutions have been made to your
petitioner by the council and board of trade of the town of
Kenora, and by boards of directors of various companies
operating in the Red Lake mining district to construct a
r•ail^yay from a poin,t at or n^ear the town oC Kenora, thence in
a northeasterly direction crossing the National Transcon-
tinental Railway aijd the English River to a point at or near
the mining properties adjacent to Red Lake, Woman Lake and
Narrow Lake in the Patricia portion of the district of Kenora;
and whereas the construction of such a railway is essential
to the proper development of northwestern Ontario forming
as it will a connecting link between the Patricia portion of the
district of Kenora and the National Transcontinental Railway
and the Canadian Pacific Railway and also with the town of
Kenora; and whereas your petitioner has prayed that Edward
Wellington Backus, Seymour Wellington Backus, William
Frederick Brooks, of the city of Minneapolis, in the State of
Minnesota, one of the United States of America; George
McLean, of the town of Fort Frances, in the district of Rainy
River, and Donald McLeod of the town of Kenora, all manu-
facturers and the directors of your petitioner, be incorporated
under the name of "The Kenora and Red Lake Railway
Company" for the purpose of constructing and operating a
railway as hereinafter set out; and whereas it is expedient to
grant the prayer of the said petition ;"

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The said Edward Wellington Backus, Seymour Welling- incor-
ton Backus, William Frederick Brooks, George McLean and p°''**'°"
Donald McLeod, and such other persons and corporations
as shall hereafter become shareholders of the said company

Location
of line.

are hereby constituted a body corporate and politic under
the name of "The Kenora and Red Lake Railway Company,"
hereinafter called "the Company."

2. The company is authorized and empowered to survey,
lay out, construct, complete, equip and maintain a standard
gauge railway to be operated by steam or electricity, from a
point at or near the town of Kenora, thence in a northeasterly
direction crossing the National Transcontinental Railway,
and the English River, to a point or points at or near the
mining properties adjacent to Red Lake, Woman Lake, and
Narrow Lake in the Patricia portion of the district of Kenora,
with power to construct extensions and branches at different
points along the road as may be deemed advisable.

Provisional
directors.

Capital
stock.

3. The said Edward Wellington Backus, Seymour W.
Backus, William F. Brooks, George McLean and Donald
McLeod, shall be the provisional directors of the company.

4. The capital stock of the company hereby incorporated
shall be one hundred thousand {100,000) shares of no par value.

Bonding
powers.

Head oflflce.

6. The head office of the company shall be at the town of
Kenora in the district of Kenora.

Construction ^ t,, , i , • ,

of railway 7. 1 he company may, under and subject to such terms and

over Crown j.^. i /- i i it- ^

lands, etc. conditions as may be nxed by the Lieutenant-Governor in
Council lay down and construct its railway on, along and over
any Crown lands and lands over which the Crown has power
to grant such right, and also along, over and across any
highway or allowance for road in unorganized territory, and
along, over and across any highways in any organized muni-
cipality and over which the Crown has jurisdiction.

Develop- -_

ment and 9. The Company may acquire by lease or purchase water

trioai power, power sites along or near the said line of railway for the

Right to
out timber
on Crown
lands.

purpose of its operations and may construct and operate
power plants and transmission lines to its line of railway,
and may sell and dispose of all surplus electrical power to
municipalities, corporations and persons subject to such
terms, conditions and prices for power as may be fixed by the
Lieutenant-Governor in Council.

10. Forthwith after the passing of this Act the necessary com mence-
surveys shall be made, and the work of actual construction ^^pio "ion.
of the railroad shall commence within two years and be
completed within five years from the passing of this Act.

11. The provisions of The Railway Act, except where in- ofprovisions
consistent with the provisions of this Act, shall apply to thee. 22T' ^ "
company and the railway to be const^ructed by it.

, , Commence-

12. This Act shall come into force on the day upon which "^®"t of
it receives the Royal Assent.

^.-V

5 D.

TO 3

o cr

O- <s>.

P§

S. o

t\i

0^a

>i ^

&
»-

OS)

3
>

r o
n =r

o <T

2
r
r

-^ o

No. 58.

1928.

BILL

An Act respecting the Industrial Mortgage and
Savings Company.

WHEREAS the Industrial Mortgage and Savings Com- p^«^"^*^i«-
pany has by its petition represented that it is a regis-
tered loan corporation within the meaning of The Loan and
Trust Corporations Act; and that its present paid-up capital
is $635,000 with a reserve of $544,500; and that it is desirous
of obtaining power to carry on the business of a trust company
under The Loan and Trust Corporations Act, and of surrender-
ing its powers to carry on business as a loan corporation under
the said Act and of changing its name to the Industrial
Mortgage and Trust Company ; and whereas the said company
has by its petition prayed that an Act may be passed for
such purposes; and whereas it is expedient to grant the
prayer of the said petition;

Therefore, His Majesty, by and wilh the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. The name of the Industrial Mortgage and Savings Change
(^ompany is hereby changed to the Industrial Mortgage and" "^'"®-
Trust ("ompany.

2. The company upon registration as hereinafter provided ^cT^s [rust
shall be and it is hereby authorized and empowered to carry ^'o'^pany.
on business as a trust company under The Loan and lyust^^^-^iA^-.
Corporations Act, and to exercise all of the powers set out in

clauses a to k, inclusive, of subsection 1 of section 18 of The
Loan and 'Trust Corporations Act, and all the other powers,
rights and privileges which a trust company may exercise
iMuier The Loan and Trust Corporations Act.

3. Save as hereinafter provided, the company shall not ''ower

, . . ^ . . ■^ as loan

alter registration as a trust company exercise the powers of a company to
loan corporation under the said l^he Loan and Trust Cor- exceptions.
porations Act, in so far as such powers exceed or differ from Rev. stdt..
those conferred iijxin a trust company by the said Act. ' ~~ "

Securities as
guarantee of
debentures

Rev. Stat.
c. 150.

4. The company shall definitely set aside and ear-mark
in respect of its debentures, outstanding from time to time,
securities, including loans upon securities, authorized as
trustee investments under The Trustee Act, equal to the full
aggregate amount thereof. The company shall not issue any
further debentures or renew any of its outstanding debentures.

Approval of
company
as trust
company
for court
purposes.

5. Notwithstanding that the company has issued and out-
standing debentures the Lieutenant-Governor in Council may
approve the company being accepted as a trust company for
the purposes of the Supreme Court of Ontario as provided in
section 20 of The Loan and Trust Corporations Act.

Re.'^trlct ioi
as to tal<iii
deposits.

Registration
as trust
company.

6. After registration as a trust company, the company shall
not have power to take deposits by way of borrowing moneys,
and all deposits then held by the company shall be held by
it as trustee for the several depositors and repayment thereof
shall by virtue of this Act be guaranteed by the company,
and there shall be ear-marked and definitely set aside in
respect of such deposits, securities, including loans upon
securities or cash, including money on deposit with any
chartered bank and securities, including loans upon securities
equal to the aggregate amount thereof.

7. — (1) Upon the company complying with the provisions
of this Act, the Registrar of Loan Corporations shall cause
the company to be registered in the trust companies register
and thereupon the company shall, except as hereinafter other-
wise provided comply with and be subject to the provisions
of the said The Loan and Trust Corporations Act applicable to
trust companies incorporated pursuant to the said Act.

of^reg1st^ra°" (^) Upon registration of the company as a trust company,
tion as loan the registrar shall cancel the registration of the company as a

corporation. ^ . '^ t- j

loan corporation.

8. This Act shall come into force on the day upon which

Commence-
ment of

Act- it receives the Royal Assent

?: ^ o

■S' - !^

g .5'h

>0
0^3

a
ex.

<s>.

>
>

•a

. re

X r.

■o HI

C/5

No. 60.

192&.

BILL

An Act respecting the Congregations of the Presby-
terian Church of Canada at Dorchester
and Wardsville.

WHEREAS the congregations of Presbyterians in the Preamble,
villages of Dorchester and Wardsvilje, known respec-
tively as Dorchester Presbyterian Church and Wardsville
Presbyterian Church (not connected with the United Church
of Canada), have by their petition represented that they are
in origin the non-concurring minorities of the Presbyterian
congregations in the said villages of Dorchester and Wardsville
which were, before the 10th day of June, 1925, in communion
with the Presbyterian Church in Canada as then constituted;
and that the former Presbyterian congregation and the
former Methodist congregation in each of the two said villages
have joined together to form one congregation in communion
with the United Church of Canada in each of the said villages,
occupying in each instance the buildings formerly owned by
the former Methodist congregation and leaving the buildings
formerly owned by the Presbyterian congregation vacant and
unused; and that the buildings and premises formerly used as
Presbyterian Church and Manse at Dorchester and Presby-
terian Church at Wardsville are now owned by congregations
in communion with the United Church of Canada but are not
now required for church purposes by them; and that the
present congregations of Presbyterians are regularly organized
and constituted congregations, recognized by and under the
jurisdiction of the Presbytery of London formed by the non-
concurring congregations of the Presbyterian Church in
Canada, but have no place in which to worship; and whereas
the said petitioners have by their petition prayed that an
Act may be passed for the purpose of vesting the said buildings
and premises in trustees for the said congregations of Presby-
terians at Dorchester and Wardsville; and whereas it is
expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title.

Vesting
of certain
lands.

Commence-
ment of
Act.

1. This Act may be cited as The Dorchester and WardsviUe
Presbyterian Church Act, 1928.

2. The estate, right, title and interest of the trustees of the
congregation of the United Church of Canada at Dorchester
and of the said congregation in the lands and buildings of the
former Presbyterian congregation at Dorchester described in
schedule "A" hereto, are hereby vested in George Hunt of the
county of Middlesex, farmer, and William H. Shiels of the
county of Middlesex, farmer, as trustees for the congregation
of Presbyterians in and around the village of Dorchester,
known as Dorchester Presbyterian Church (not connected
with the United Church of Canada).

3. The estate, right, title and interest of the trustees of the
congregation of the United Church of Canada at WardsviUe
and of the said congregation in the lands and buildings of the
former Presbyterian congregation at WardsviUe described in
schedule "B" hereto, are hereby vested in George H. Archer
of the county of Middlesex, farmer, and Charles Humphrey
of the county of Middlesex, farmer, as trustees for the con-
gregation of Presbyterians in and around the village of Wards-
viUe, known as WardsviUe Presbyterian Church (not con-
nected with the United Church of Canada).

4. This Act shall come into force on the day upon which
it receives the Royal Assent

SCHEDULE ''A"

All and singular those certain parcels or tracts of land and premises
situate, lying and Deing in the Township of North Dorchester, in the
County of Middlesex, and being part of Lot 9, in the Fourth Concession
of the said township which may be better described as follows: —

"Lots numbers eleven (11), twelve (12), thirteen (13) and fourteen
(14) on the west side of Bridge Street, according to Plan No. 52 (fifty-
two) for the Village of Hampton."

SCHEDULE "B"

All and singular that certain parcel of land and premises situate, lying
and being in the Township of Mosa in the County of Middlesex and
Province of Canada West containing by admeasurement one-hal/^ of an
acre, be the same more or less being composed of part of Lot number
seventeen (17) Broken Front, south of the Longwood's Road in said
township and may be known as follows: — Commencing at a post planted
on northwest corner of Amy Street and the Hagerty Road on said lot;
thence westerly along the north side of Amy Street two chains and fifty
links; thence northerly running parallel with the Hagerty Road two
chains; thence easterly two chains and fifty links; thence southerly along
the Hagerty Road two chains to the place of beginning.

,,,.— s

??•

*««

Pi-

ls»
00

Pi.

o ^

3
orq

rr
n

o
£ p

D- 3
P m

p O

2
r

"^ 3
crq S- ••

rt p *

J^ o

No. 61. 1928.

BILL

An Act respecting the City of Toronto.

WHEREAS the corporation of the city of Toronto has ^'■^^'^^^®-
by petition prayed for special legislation in respect
to the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and consent
of the Leg^Iative Assembly of the Province of Ontario,
enacts as follows:

1 . Subject to the provisions of The Public Health A ct the to° construct
corporation of the city of Toronto may construct as a local sewa|e.° '^^*
improvement under the provisions of The Local Improvement -^^^ g^^^^
Act and thereafter maintain and operate a pump and equip- cc. 262, 235.
ment to lift sewage into the sewer on Clendenan Avenue

from the area comprising lots 108 to 142 inclusive, lots 149
to 167 inclusive and lots 172 to 177 inclusive according to
plan M-501 filed in the office of Land Titles at Toronto,
but the whole of the cost of constructing the said pump and
equipment and a sum sufficient to cover the cost of their
subsequent maintenance and operation shall be assessed
upon the lots above described by an equal rate per foot
frontage of said lots.

2. By-law number 11516 passed by the coujncil of the By-law

• fi • rrr> ri- Til ,, A (. No. 11516,

corporation of the city of 1 oronto, as set forth in schedule A confirmed,
hereto, and all debentures igsued or to be issued, under the
provisions of the said by-law, are hereby confirmed and
declared to be legal, valid and binding upon the said corpora-
tion and the ratepayers thereof.

3. The council of the corporation of the city of Toronto ^oirowVor
may from time to time,without submitting same to the electors pose^'wPth^
qualified to vote on money by-laws, pass a by-law or by-laws out assent of
for the issue of "City of Toronto General Consolidated Loan
Debentures" to raise the sum of $2,735,669, or any portion

thereof, for the following purposes, namely:

Relief Sewers:

Parkdale, from, at or about the
intersection of Macdonell and
Wright Avenues to the lake. . . $398,390

Extension of Low Level Inter-
ceptor from a point near the
intersection of Front and
Bathurst Streets to a point
near Walnut Avenue 44,850

Elm Street, from Murray Street
to Simcoe Street 5,540

From Yonge Street to Don River 549,625

$998,405

Replacement of Spadina Road bridge 256,264

Two new branch Public Library buildings. . . . 100,000

Extensions of sewers on waterfront 56,000

Police Administration Building 500,000

New Machinery and Electric Building in

Exhibition Park 600,000

Grant to Salvation Army Women's Hospital. . 25,000

Grant to Women's College Hospital 200,000

$2,735,669

$10 ooo°to ^' ^^^ council of the corporation of the city of Toronto

Art' Gallery, may out of the Current revenue for the year 1928 make a
grant of $10,000 to the Art Gallery of Toronto for the main-
tenance and upkeep of the Art Gallery in addition to the
annual grant authorized by section 2 of the Act passed in
1917 and chaptered 134.

grant to P. 6. The annual grant of $1,500 made by the council of the

Kic. '^^^*°"' corporation of the city of Toronto to Philip H. Drayton,

Esquire, K.C., is hereby validated and confirmed.

Investment 6. The corporation of the city of Toronto may from time

of sinking , . ^. . . . ^ . / , . r j t

funds. to time mvest its sinking funds in the purchase ot debentures

of the said corporation which are outstanding or which have
been executed but not issued and any such unissued debentures
when so purchased shall be deemed to have been issued and

the said corporation may from time to time sell any debentures
so purchased.

7. The Toronto Housing Commission may, with the Power
consent of the council of the corporation of the city of Toronto, comm^sion
from time to time sell or otherwise dispose of houses erected houses.
by, or lands vested in or controlled by, the said Commission,

to such purchasers at such times and upon such terms as it
may deem expedient.

8. For the purpose of paying the arrears of taxes for local ^''ciu\>
improvement and school purposes levied in the years 1924, Houses to
1925, 1926 and 1927 against premises occupied by the club- for local im-
houses hereinafter mentioned, the council of the corporation and school
of the city of Toronto may make a grant to each of said club- p"''p°s®S'
houses of a sum of money equal to the arrears of taxes so

levied against same, and the said council may also grant to
each of the said club-houses a sum of money equal to the
amount of taxes for local improvements and school purposes
to be levied against said club-houses in 1928.

The following are the club-houses hereinbefore referred to:

West End Veterans' Club-house, 722 College
Street, Toronto; Earlscourt Veterans' Club-
house, 6-A Greenlaw Avenue, Toronto; Cen-
tral Veterans' Club-house, 41 Isabella Street,
Toronto; Riverdale Veterans' Club-house,
463 Broadview Avenue, Toronto; Beaches
Veterans' Club-house, 96 Lee Avenue, To-
ronto; Originals' Club-house, 441 Jarvis
Street, Toronto; Amputations' Association
Club-house, 62 St. Albans Street, Toronto.

9. The council of the corporation of the city of Toronto Grant to
may make a grant to the Toronto Hebrew Free School of ascho'oL^
sum of money equal to the amount of the taxes for the years

1923, 1924 and 1925 on the property occupied by the said
school at numbers 9-11 Brunswick Avenue in the city of
Toronto.

10. This Act shall come into force on the day upon which Connmenoe-

1 r» 1 A J r- ment of

It receives the Royal Assent. Act.

SCHEDULE "A."

Number 11516.

A by-law to provide for borrowing $2,334.11 upon debentures to pay for
the grading of Glenmanor Drive East from Williamson Road to Glen-
manor Drive.

[Passed February 20th, 1928. |

Whereas, pursuant to construction By-law No. 10442 passed on the
fourth day of May, 1925, Glenmanor Drive East has been graded from
Williamson Road to Glenmanor Drive as a local improvement under the
Provisions of The Local Improvement A ct;

And whereas the total cost of the said work is $2,334.11, of which
$925.43 is the Corporation's portion of the cost, and $1,408.68 is the owners'
portion of the cost, and for the owners' portion of the cost of such work a
Special Assessment Roll has been duly made and certified;

And whereas it is necessary to borrow the sum of $2,334.11, being the
total cost of the said work, on the credit of the Corporation, and to issue
Debentures therefor bearing interest at the rate of four and one-half per
cent, per annum, which is the amount of the debt intended to be created
by this By-law;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of ten years, of such amounts
respectively that the aggregate amount payable for principal and interest
in any year shall be equal as nearly as may be to the amount so payable
for principal and interest in each of the other years;

And whereas it will be necessary to raise annually during the period of
ten years for the payment of the owners' portion of the cost and the interest
thereon the sum of $178.03, and for the payment of the Corporation's
portion of the cost and the interest thereon the sum of $116.95, making in
all the sum of $294.98 to be raised annually during the period of ten years
to pay the said yearly sums of principal and interest as they become due;

And whereas the amount of the whole rateable property of the Munici-
pality, according to the last revised Assessment Roll, is $922,717,572.00,
including $69,476,103.00, liable for taxation for school purposes only, and
which is exempt from general taxation.

And whereas the Debenture Debt of the City is $176,861,754.00, of
which the sum o,i $104,802,287.00 by various statutes is not to be counted
as part of the Eiebenture Debt in estimating the City's borrowing powers
as authorized and controlled by an Act passed in the 52nd year of the reign
of Her late Majesty Queen Victoria, and chaptered 74, entitled An Act
respecting the Consolidation of ^he Debenture Debt of the City of Toronto, of
which debt no part of the principal or interest is in arrear;

Therefore, the Council of the Corporation of the City of Toronto enact
as follows: —

'' I.

;' That for the purpose aforesaid there shall be borrowed on the credit

i of the Corporation at large the said sum of $2,334.11, and Debentures shall

be issued therefor either in currency or sterling money in sums of not

I' less than One hundred dollars currency or twenty pounds sterling each,

1 1 bearing interest at the rate of four and one-half per cent, per annum,

I payable half-yearly, and shall have coupons attached thereto for the

jii payment of the interest.

i II.

Ji;

fij The Debentures shaU ajl bear the same date and shall be issued within

two years after the day on which this By-law is passed and may bear
any date within such two years and shall be payable in ten annual instal-

ments during the ten years next after the time when the same are issued,

and the respective amounts of principal and interest payable in each of
such years shall^be as follows:

Year No. Principal Interest Total

1st $189 95 $105 03 $294 98

2nd 198 49 96 49 294 98

3rd 207 42 87 56 294 98

4th 216 76 78 22 294 98

5th 226 51 68 47 294 98

6th 236 71 58 27 294 98

7th 247 36 47 62 294 98

8th 258 49 36 49 294 98

9th 270 13 24 85 294 98

10th 282 29 12 69 294 98

$2,334 11 $615 69 $2,949 80

III.

The Debentures as to both principal and interest may be expressed in
currency or sterling money of Great Britain, and may be payable at any
place or places in Canada or Great Britain or elsewhere.

IV.

The Mayor of the Corporation shall sign and issue the Debentures, and
the same shall also be signed by the Treasurer of the Corporation, and the
Debentures shall be sealed with the seal of the Corporation. The coupons
attached to the said Debentures shall be signed by the Treasurer and his
signature to them may be written, stamped, lithographed or engraved.

During ten years, the currency of the Debentures, there shall be raised
annually for the payment of the owners' portion of the cost and the interest
thereon the sum of $178.03, and for the payment of the Corporation's
portion of the cost and the interest thereon the sum of $116.95, making
in all the sum of $294.98 to be raised annually during the period of ten
years for the payment of the said debt and interest.

For the payment of the Corporation's portion of the cost and the interest
thereon, the said sum of $116.95 shall be levied and raised annually by a
special rate sufficient therefor over and above all other rates on all the
rateable property in the Municipality at the same time and in the same
manner as other rates.

For the payment of the owners' portion of the cost of the said work
and the interest thereon, the special assessment set forth in the said Special
Assessment Roll is hereby imposed upon the lands liable therefor as therein
set forth; which said special assessment, with a sum sufficient to cover
interest thereon at the rate aforesaid, shall be payable in ten equal annual
instalments of $178.03 each, and for that purpose an equal annual special
rate per foot frontage of twenty-four and nine-tenths cents is hereby
imposed upon each lot entered in the said Special Assessment Roll according
to the assessed frontage thereof, over and above all other rates and taxes,
which said special rate shall be collected annually by the collector of taxes
for the Corporation at the same time and in the same manner as other rates.

VI.

If at any time the owner of the said properties hereby assessed or of
any part thereof shall desire to commute the assessment hereby imposed
uix)n his said property by the payment of a principal sum in lieu thereof
he may do so prior to due date for payment of the first instalment of the
first year's rates by paying one dollar and ninety-six and three-tenths cents

and he may commute in any subsequent year the remaining special rates
by paying the present value of such remaining special rates hereby author-
ized to be levied in respect of the said property calculated on an interest
basis of three per cent, per annum.

VII.

All money arising from the said soecial rate or from the commutation
thereof not immediately required for the payment of interest shail be
invested as required by law.

VIII.

The Debentures may contain any clause providing for the registration
thereof authorized by any statute relating to Municipal Debentures in
force at the time of the issue thereof.

IX.

The amount of the loan authorized by this By-law may be consolidated
with the amount of any loans authorized by other local improvement
By-laws, by including the same with such other loans in a consolidating
By-law authorizing the borrowing of the aggregate thereof as one loan and
the issue of Debentures for such loan in one consecutive issue pursuant to
the provisions of the statute in that behalf.

This By-law shall take effect on the day of the final passing thereof.
Passed the 20th day of February, 1928.

Samuel McBride,

Mayor.

W. A. Little JOHN,

City Clerk.
Council Chamber,

Toronto, February 20th, 1928.

(L.S.)

>
o

^.^

a 2.

^<=^

0 a-

H
0

• •

>3
fa-

(A5

I-
0^

•-I

vO
00

ri-

H
o

r
r

_ ■ r

No. 61.

1928.

BILL

An Act respecting the City of Toronto.

WHEREAS the corporation of the city of Toronto has Preamble,
by petition prayed for special legislation in respect
to the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the said petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Subject to the provisions of The Public Health Act the power

. r ^ . r T^ i i tO COnstruct

corporation of the city of 1 oronto may construct as a local pump to lift
improvement under the provisions of The Local Improvement^^^^^^'
Act and thereafter maintain and operate a pump and equip- ^^^'el^^las.
ment to lift sewage into the sewer on Clendenan Avenue
from the area comprising lots 108 to 142 inclusive, lots 149
to 167 inclusive and lots 172 to 177 inclusive according to
plan M-501 filed in the office of Land Titles at Toronto,
but the whole of the cost of constructing the said pump and
equipment and a sum sufficient to cover the cost of their
subsequent maintenance and operation shall be assessed
upon the lots above described by an equal rate per foot
frontage of said lots.

2. By-law number 11516 passed by the council of theSy-iaw
corporation of the city of Toronto, /or borrowing $2,334.11 /o confirmed.'
pay for the grading of Glenmanor Drive East from Williamson

Road to Glenmanor Drive, and all debentures issued or to be
issued, under the provisions of the said by-law, are hereby
confirmed and declared to be legal, valid and binding upon
the said corporation and the ratepayers thereof.

3. The council of the corporation of the city of Toronto Power to
may from time to time,without submitting same to the electors certain pur-
qualified to vote on money by-laws, pass a by-law or by-laws ourassent'of
for the issue of "City of Toronto General Consolidated Loan®'®°*°"-
Debentures" to raise the sum of $2,735,669, or any portion
thereof, for the following purposes, namely:

Relief Sewers:

Parkdale, from, at or about the
intersection of Macdonell and
Wright Avenues to the lake. . . $398,390

Extension of Low Level Inter-
ceptor from a point near the
intersection of Front and
Bathurst Streets to a point
near Walnut Avenue 44,850

Elm Street, from Murray Street
to Simcor; Street 5,540

From Yonge Street to Don River 549,625

$998,405

Replacement of Spadina Road bridge 256,264

Two new branch Public Library buildings. . . . 100,000

Extensions of si^wers on waterfront 56,000

Police Administration Building 500,000

New Machinery and Electric Building in

Exhibition Park 600,000

Grant to Salvation Army Women's Hospital. . 25,000

Grant to Womim's College Hospital 200»000

$2,735,669

$10 ooo°to ^* '^^^ council of the corporation of the city of Toronto

Art' Gallery, may out of the current revenue for the year 1928 make a
grant of $10,000 to the Art Gallery of Toronto for the main-
tenance and upkeep of the Art Gallery in addition to the
annual grant authorized by section 2 of the Act passed in
1927 and chaptered 134.

grant to P. 5. The annual grant of $1,500 made by the council of the

K!a"^^^*°°' corporation of the city of Toronto to Philip H. Drayton,

Esquire, K.C., is hereby validated and confirmed.

Investment 6. The corporation of the city of Toronto may from time

funds. to time invest its sinking funds in the purchase of debentures

of the said corporation which are outstanding or which have

been executed but not issued and any such unissued debentures

when so purchased shall be deemed to have been issued and

the said corporation may from time to time sell any debentures
so purchased.

7. The Toronto Housing Commission may, with the Power
consent of the council of the corporation of the city of Toronto, commission
from time to time sell or otherwise dispose of houses erected hou&M.
by, or lands vested in or controlled by, the said Commission,

to such purchasers at such prices at such times and upon such
terms as it may deem expedient.

8. For the purpose of paying the arrears of taxes for local t^'"ciu1>
improvement and school purposes levied in the years 1924, !;??"f®,t^2-
1925, 1926 and 1927 agamst premises occupied by the club- for local im-

, , . - • t I •! r 1 • provement

houses hereinafter mentioned, the council of the corporation and school
of the city of Toronto may make a grant to each of said club- p"''p°^^-
houses of a sum of money equal to the arrears of taxes so
levied against same, and the said council may also grant to
each of the said club-houses a sum of money equal to the
amount of taxes for local improvements and school purposes
to be levied against said club-houses in 1928.

The following are the club-houses hereinbefore referred to :

West End Veterans' Club-house, 722 College
Street, Toronto; Earlscourt Veterans' Club-
house, 6-A Greenlaw Avenue, Toronto; Cen-
tral Veterans' Club-house, 41 Isabella Street,
Toronto; Riverdale Veterans* Club-house,
463 Broadview Avenue, Toronto; Beaches
Veterans' Club-house, 96 Lee Avenue, To-
ronto; Originals' Club-house, 441 Jarvis
Street, Toronto; Amputations' Association
Club-house, 62 St. Albans Street, Toronto.

9. The council of the corporation of the city of Toronto o^'^nt *o
may make a grant to the Toronto Hebrew Free School of a school,
sum of money equal to the amount of the taxes for the years

1923, 1924 and 1925 on the property occupied by the said
school at numbers 9-11 Brunswick Avenue in the city of
Toronto.

10. This Act shall come into force on the day upon which ^°^t™®°''*'
it receives the Royal Assent. Aot.

-I

¥*•

rt-

-t

^ "tj

a 2.

o cr

CO «<

ct-

?!.

r^S

S
S

<^.

<-i.

.'=^

«>

w
a

H
H

c
p

>
>

n>
o

<-»■_

3'
n>

H
o.

►n
O

r
r

2 ^*

/S 3
fp p

,^ o '

^' \

No. 62.

1928.

BILL

An Act to authorize the Purchase and Operation of

the Windsor, Essex and Lake Shore Rapid

Railway.

WHEREAS the corporations pf the township of Sandwich Preamble.
West, the township of Sandwich East, the township of
Sandwich South, the township of Maidstone, the township of
Colchester North, the township of Gosfield North, the town-
ship of Gosfield South, the township of Mersea, the town of
Essex, the town of Kingsville, the town of Leamington and
the city of Windsor have by petition represented that they
desire to purchase, rehabilitate and operate the Windsor,
Essex and Lake Shore Rapid Railway under agreement with
the Hydro-Electric Power Commission of Ontario; and ...
whereas it is expedient that an Act should be passed empower-
ing the said corporations to purchase, rehabilitate and operate
the said railway under agreement with the said Commission;
and whereas the said corporations have by their petition
further prayed that it may be enacted as hereinafter set forth ;
and whereas it is expedient to grant the prayer of thie said
petition ;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Windsor, Essex and Lake^^°^^ ^'^i®-
Shore Rapid Railway Act, 1928.

2. In this Act, — interpreta-

tion.

(a) "Commission" shall mean The Hydro-Electric Power gjo"'?)'"*®"
Commission of Ontario.

{b) "Corporation," "corporations," shall mean the cor- "Corpora-
porations of the township of Sandwich West, the^'°"'
township of Sandwich East, the township of Sand-
wich South, the township of Maidstone, the town-
ship of Colchester North, the township of Gosfield
North, the township of Gosfield South, the township

"Railway."

"Agree-
ment."

of Mersea, the town of Essex, the town of Kingsville,
the town of Leamington, and the city of Windsor;
and "corporation" shall mean any one of them.

Shore Rapid Railway.

(d) "Agreement" shall mean the agreement set out in
schedule "A" to this Act.

Power to
acquire and
operate
railway.

3. The corporations may purchase, acquire, construct,
rehabilitate, extend, equip and operate the railway, and
subject to the provisions of section 11 after the deposit of
the debentures as provided in section 6, subsection 2, the
Commission may upon behalf of the corporations, purchase,
acquire, construct, rehabilitate, extend, complete, equip,
maintain and operate the railway as provided by the agree-
ment, and for that purpose shall have, and may for the
purpose aforesaid, exercise all the powers, rights, immunities
and privileges of a company incorporated by special Act
foi the construction of a railway under The Railway Act so
far as the same are applicable.

Power of 4. The Commission and the corporations are authorized

anTcom-""^^ to enter into agreements in the form or to the effect set out

enter°kit*o J^i schedule "A" to this Act or with such variations, additions,

agreements, alterations as may be approved by the Lieutenant-Governor

in Council, and to execute the same, and the said agreements

shall be approved of by by-law of the municipal councils

of the corporations, and when so approved shall be signed by

the mayors of the corporations and by the treasurers thereof,

and the treasurers shall afifix the seal of the corporations

thereto, and when so executed the said agreements shall be

legal, valid and binding upon the corporations and the

ratepayers thereof, and upon the Commission, anything in

any general or special Act of this Legislature or in any by-law

passed under such Act to the contrary notwithstanding.

bonds°by ^- — (^) ^^6 Commission may raise money for the con-

Commission. struction and equipment and for working capital of the
railway by the issue for and on behalf of the corporations of
bonds of the Commission for the total of the amounts set
out in schedule "B" to this Act, and the Commission may
from time to time subject to subsection 2 of this section
increase such bond issue by the issue of further bonds for
such amount as the Commission may deem necessary to cover
the capital cost of extensions, improvements, and additional
properties, works and equipment of any kind for use on, or
in connection with, the railway; and the Commission, from
time to time, upon such terms as it deems proper, may sell,

hypothecate, pledge or otherwise dispose of any bonds of the
Commission, issued under this agreement but only after
deposit with the Commission of the debentures of the corpora-
tions as provided in this Act and the agreement.

(2) Subject as hereinafter in this subsection provided, the corporations
Commission shall obtain the consent of a majority of the [^sue'of'^^
corporations before increasing the said bond issue by the ^°^^^-
issue of further bonds, such consent in each case to be in the

form of a municipal by-law duly passed by the council of
the corporation for which the assent of the electors shall not
be necessary; provided that where such further bonds are
being issued to cover capital cost within the limits of one
municipality only the consent of that municipal corporation
alone shall be necessary; and provided further that it shall not
be necessary to obtain the consent of any of the corporations
in respect to the issue of further bonds from time to time up
to an amount and exceeding ten per cent, of the aggregate
amount of the bonds of the Commission issued with the
consent of the corporations as above mentioned and out-
standing from time to time.

(3) The bonds issued for the Commission from time to time Bonds—

. now

under this section shall respectively bear such date, carry such payable-
rate of interest, be payable at such place or places and in
such moneys and upon such terms and conditions and mature
within such period not exceeding fifty (50) years from the
date thereof as the Commission may determine^ at the time
of issuing the said bonds; all bonds issued by the Commission
under this section shall form part of the said bond issue,
shall rank pari passu, and shall be equally charged upon
and vsecured by the railway and every extension thereof and
all lands and interests in lands, buildings, fixtures, improve-
ments, stations, terminals, rolling stock, equipment, income,
tolls, revenue, sources of money, rights, powers, privileges,
franchises and all properties and assets of or belonging to
the railway as a first mortgage or charge thereon.

(4) In order to provide for the payment of the said bonds Sinking
the Commission shall in each year after the expiration of retirement
ten (10) years from the date of the said bonds respectively, °^ ^°"'^^"
out of the revenue of the railway after payment of operating
expenses, including the supply of electrical power or energy

and the cost of administration and annual charges for interest,
set aside annually as a sinking fund such sums as with the
estimated interest at the rate of four per cent, per annum
compounded annually would be sufficient in forty (40) years
to repay the said bonds respectively, and such sinking fund
shall be held for and applied towards the repayment or
retirement of the said bonds respectively or any renewal or

refunding thereof at maturity and in the meantime may be
invested in securities issued by or guaranteed by the Province
of Ontario; and the Commission shall have power at such
times as it may deem expedient to issue further bonds to
such amounts as will realize the net sum required after the
application of the accumulated sinking fund on hand available
therefor to repay the said bonds as the same respectively
mature.

Power of (5) With the approval of the Lieutenant-Governor in

to'd^epoBe'of Council the Commission, upon such terms as it deems proper,
pnfperty*'^^ but subject always to the terms of any trust deed securing
the bonds of the Commission, may lease, sell or otherwise
dispose of, free from any lien, charge, mortgage or encum-
brance, any property real or personal which the Commission
may deem unnecessary for the purpose of the railway or any
section or extension thereof and the Commission shall use or
dispose of the proceeds thereof only for the purposes of the
railway in expenditures on capital account or shall invest the
same in securities of or guaranteed by the Province of Ontario
or shall apply the same for the retirement of the said bonds
or partly in one way and partly in the other.

Payment of 6.— (1) The corporations shall bear the cost of acquiring,
cornmisBion. rehabilitating, constructing, extending, equipping, operating,
maintaining, repairing, renewing and insuring the railway and
its property and works as established by the Commission and,
as hereinafter provided, shall pay the principal, interest and
premium, if any, of and on the bonds of the Commission
issued for the railway to the intent and effect that the bonds
of the Commission shall be joint and several obligations of
the corporations.

Issue and (2) The corporations shall issue debentures for the amounts

deposit of ^ ' . 5^ . . . 1 , , <,T-.,,

debentures set opposite their respective names in schedule B to this
Commission. Act and shall deposit the said debentures with the Commission

previous to the issue by the Commission of its bonds mentioned

above.

Debentures,

how

payable.

(3) The debentures issued by the corporations shall bear
the same date as the bonds issued by the Commission, and
shall carry a rate of interest not less than the said bonds and
shall mature within fifty (50) years from the date of such
debentures; the interest thereon .shall be payable half-yearly
and both principal and interest shall be payable in lawful
money of Canada.

Issue and (4) From time to time, whenever the Commission shall

further authorize an increase of the said bond issue by the issue of

further bonds of the Commission as hereinbefore provided,

the corporations upon requisition in writing from the Com-
mission, shall issue and deposit with the Commission further
debentures to the respective amounts specified in the said
requisition ; the said further debentures shall be for the same
amount in total as the said further bonds of the Commission
constituting the said increase, and shall carry a rate of interest
not less than the said bonds and shall mature within fifty (50)
years from the date of the said debentures; the interest thereon
shall be payable half-yearly and both principal and interest
shall be payable in lawful money of Canada.

(5) All debentures issued by the corporations shall be ^^^^j^^^J®'',
held or disposed of by the Commission in trust for the holders security for
of the bonds of the Commission issued for the railway as
collateral security for the payment thereof in such manner
and at such time or times and upon such terms and conditions
as the Commission in its discretion may determine.

(6) In the event of the revenue derived from the operation Liability of

r , ., , . . ^^ . . , corporations

01 the railway being insumcient in any year to meet the to make up

operating expenses of the railway, including the supply of in reve^nues.

electrical power or energy, the cost of administration and the

annual charges for interest and sinking fund on the bonds of

the Commission, and if the Commission deems advisable,

for the renewal of any works belonging in the whole or in

part to the railway, such deficiency shall be forthwith paid to

the Commission by the corporations upon demand of and

in the proportion adjusted and specified by the Commission.

(7) In default of any payment required to be made by any saie of
corporation under this Act or under the agreement, the by

/-• • • 11 ^u • J- r 1 r >i Commission.

Commission may sell or otherwise dispose of so much of the
said debentures as may be necessary to supply such deficiency,
or may enforce such payment in the manner, or take such
other action in regard to such default, as is provided for in
the said agreement.

(8) The by-laws of the corporations, which authorize theifitereet

ft .111 1. ...i,^ . and sinking

issue of the said debentures to be deposited with the Commis- fund for
sioh under this Act and under the agreement, shall in each ^ ^" "™^
case provide for the raising in each year during the currency
thereof, of the annual interest thereon and in each year
commencing at the expiration of ten years from the date
thereof and continuing during the currency of the said deben-
tures, of a specific sum which with the estimated interest at a
rate not exceeding four per cent, per annum capitalized yearly
will be sufficient to pay the principal of the said debentures
at maturity.

Assent of (9) It shall not be necessary to obtain the assent of the

electors not , ...

required. electors to any by-law for the issue of debentures under this

section.

Debts not to (10) Del>entures issued and del:)ls contracted by any
be counted i ■ % i • t .in

in ascertain- corporatuMi puisiuuit lo this .\( I < i \ \:v sa'd agreement, shall

bcn-rowing*^ "ot be included in ascertaining.'; tie limits of the borrowing

powers. powers of the corporation as prescribed by I'he Municipal Act,

and debentures may be issued and debts contracted by the

corporations for the purposes mentioned in this Act or in

the said agreement notwithstanding the limitations prescribed

by The Municipal Act.

Hypotheca-
tion of
debentures
as security
for bonds.

T. The Commission in lieu of holding the said debentures
may lodge, pledge, hypothecate, charge or mortgage the same
or any of them with or to a trust company or corporation as
trustee for the holders of the bonds of the Commission and
for such purpose the Commission may enter into, execute
and deliver any agreement, trust indenture or other document
containing such powers, terms and conditions, and such
mortgage, charge or pledge, including the mortgage on the
railway and every extension thereof and all the lands and
interests in land, buildings, fixtures, improvements, terminals,
rolling stock, equipment, income, tolls, revenues, sources of
money, rights, powers, privileges, franchises and all other
properties and assets of or belonging to the railway, as the
Commission in its sole discretion shall deem to be in the best
interests of the railway and of the holders of said bonds,
anything contained in the agreement to the contrary notwith-
standing, and the Commission may assign and transfer to and
vest in the said trustee for the holders of the bonds of the
Commission all the rights, powers, privileges and remedies
conferred upon the Commission under the agreement and all
benefit and advantage to be derived therefrom; and in the
event that the Commission shall make default in payment of
the principal of or interest on its bonds or in payment of the
sinking fund provided in respect of its bonds, or in any other
particular whatsoever under the trust indenture securing its
bonds, and the trustee thereof shall have determined or
become bound to enforce the same and shall have declared
to be due and payable the principal and interest of the
bonds of the Commission issued under the agreement, trust
indenture or other document and all other moneys secured
thereby, the corporations shall, upon notification from the
Commission or said trustee, pay to said trustee for the
benefit of the holders of the bonds of the Commission secured
by said agreement, trust indenture or other document, the
principal, interest and premium, if any, of and on the; said
bonds thereby secured and then outstanding and all other
moneys secured thereby without prejudice, however, to the

rights of the respective corporations, upon such payment
being made by any or all of them to recover from any corpora-
tion or corporations parties thereto such sum or sums as the
Commission may in its discretion deem equitable, provided
that such trustee before enforcing the obligations of the said
corporations as herein above provided may sell or otherwise
dispose of any or all of the said debentures lodged, pledged,
hypothecated, charged or mortgaged as aforesaid as may be
necessary, together with any accumulated sinking fund on
hand, to repay in full the principal, interest and premium,
if any, of and on the said bonds of the Commission and all
other moneys secured by the agreement, trust indenture or
other document, and in the event of such proceeds being
insufficient to meet the payments aforesaid the corporations
shall upon notification from the Commission or said trustee
of the amount of such deficit, without prejudice to their
respective rights as aforesaid, pay to said trustee the amount
of such deficit and for the purpose of recovering from the
corporations or any of them any sum or sums due by them
or any of them to said trustee as aforesaid, the said trustee
shall have all the rights and remedies provided for in The
Execution Act.

8. Should any corporation fail to perform any of the Power to
obligations to the Commission under this Act and under the se?v?"e\n"®
said agreement, the Commission may, in addition to all other corporation,
remedies under this Act or under the said agreement, and
without notice, discontinue the service of the railway to such
corporation in default until the said obligation has been
fulfilled, and no such discontinuance of service shall relieve
the corporation in default from the performance of its said
obligations.

0. — (1) Where any corporation, named as a party to any case of

1 . 1 1 • » 1 r •! , , corporation

such agreement under this Act, has failed to pass the neces- failing to
sary by-law and to execute the agreement, and it appears agreenfent.
to the Lieutenant-Governor in Council that the amount for
which such corporation would be liable under the agreement
does not exceed fifteen per cent, of the estimated cost of the
acquisition, construction, rehabilitation and equipment of the
railway as set out in the said report, and that the remaining
corporations, parties to the agreement, have by resolution of
their respective councils, expressed the desire to proceed with
the undertaking notwithstanding the failure of such first-
mentioned corporation to execute the agreement, the Com-
mission may proceed with the acquisition, construction,
equipment and operation of the railway provided for in the
agreement, and to issue bonds from time to time for the
amount required for the undertaking, and in such case the
corporations which have executed the agreement shall deposit

with the (/"omniission additional deheiit iires in the resi)c(ii\c
proportions in wliich tlie\' undeiiake by tlie agreenu-ni lo
contribute lo the ( st of the undertaking, to the amount
required to replace the debentures which would have been
deposited l)y the first-men ti(;ued corporation.

(2) Should any corporation which has so failed to execute
the agreement subsequently execute the same and deposit
debentures as required by the agreement, the Commission
shall return to the other corporations the additional deben-
tures deposited under subsection 1, and such debentures may
be cancelled by the respective corporations.

Commission (3) Until a corporation, party to the agreement, has

not bound to ^1^1 1 1 • , 1 1 . , ,

construct executed the agreement and deposited debentures with the
corporation Commission as required by this Act or the agreement, the
agreement. Commission shall not be bound to construct, equip, maintain
or operate within the limits of the corporation any works
contemplated by the agreement except such as may be
necessary for the construction, equipment and maintenance
of the railway in passing through the municipality to and
from municipalities, the corporations of which have executed
the agreement and deposited debentures to the amounts
stated therein.

Provision for 10, — (1) If at any time any other municipal corporation
railway into applies to the Commission for an extension of the railway
municipaii- into its municipality, the Commission shall notify the appli-
cant and the corporations, in writing, of a time and place to
hear all representations that may be made as to the terms
and conditions relating to such proposed extension. Applica-
tions for extension into more than one municipality may be
heard and determined at one time. If, on the recommendation
of the Commission, such extension shall be authorized,
without discrimination in favour of the applicant, as to the
cost incurred or to be incurred for or by reason of any such
extension, the Commission may extend the railway upon such
terms and conditions as may appear equitable to the Com-
mission.

ties.

(2) No such application for an extension of the railway
into any municipality the corporation of which is not a party
to the agreement, shall be granted if it is estimated by the
Commission that the cost of service of the railway to the
corporations parties thereto will be thereby increased or
the revenue and accommodation be injuriously affected,
without the written consent of the majority of the corpora-
tions parties thereto.

11. — (1) Where land is required for any of the purposes Powers of
for which land may be acquired or expropriated under The to expro-
Railway Act, the Commission in respect thereof shall have^"** ^^ '
the powers and shall proceed in the manner provided by
The Public Works Act, where the Minister of Public Works ^g«^2f4*V2
takes land or property for the use of Ontario ; and the provi-
sions of the said Act shall, mutatis mutandis, apply.

(2) Where compensation would be payable upon the
exercise of any powers by the Commission under The Railway
Act, the same shall be determined in the manner provided by
The Public Works Act.

12. The Commission may pay over annually to the Payment of
corporations after the repayment in full of all the Com- corpL"ltions.
mission's bonds, if deemed advisable by the Commission in

the interests of the undertaking, any surplus that may remain
after providing for all items required to be provided for under
this Act and under the said agreement. The division of such
surplus between the corporations to be fixed by the Com-
mission on an equitable basis, having regard in the case of
each corporation to the capital invested, the service rendered,
the comparative benefits derived, and all other like conditions.

13. The railway and all the works, property and effects Railway
held and used in connection therewith, acquired, constructed, co^nfmission
operated and maintained by the Commission under this Act corporations,
or under the agreement shall be vested in the Commission in

trust for the corporations parties to the agreement for the
construction and operation of the railway; but the Commis-
sion shall be entitled to a lien upon the same for all money
expended by the Commission under the agreement and not
repaid.

14. The Commission may unite the business of the railway Union with
with that of any other railway system operated in whole or system

in part by the Commission, and may acquire, equip and ckfj^^^ggjo^
operate buses or bus lines either instead of any line or lines q^j.^j^j^j^
of the railway or by way of extension wherever it may appear oi^^^uses.
to the Commission advantageous and profitable from time to
time, and may exchange equipment and operators from one
system to another, proper provision being made so that each
system shall pay its proportionate share, as adjusted by the
Commission, of the cost of any equipment used in common;
provided that as part of any line of railway constructed or
operated by the Commission, the Commission may purchase,
lease or obtain running rights over any steam railway,
electiic or street railway or bus line or any part thereof.

16. The consent of any corporation required under this Consent of
Act or under the agreement shall mean the consent of the how given.""

council of such corporation, and such consent shall be in the
form of a municipal by-law duly passed by the council of the
corporation.

Levy of 16. Any and all municipal rates required to be levied by

the corporations for payment of debentures or interest thereon
referred to in this Act or the agreement, shall be raised, levied
and collected from the rateable property in the districts
described and enumerated in schedule "C" to this Act.

Ancillary J^. fhe Commission and the corporations shall have and

may exercise all powers necessary to the effectual performance
by the Commission and the corporations of all the terms and
conditions contained in the agreement set out in schedule "A"
to this Act or as the same may be varied under section 4.

of°Province^ 18. The Province shall not nor shall the Commission or
or commis- ^ny member thereof incur any liability by reason of any

error or omission in any estimates, plans or specifications

prepared or furnished by the Commission.

Provision for ^9. j^ the event that the corporations and the Commission
under Rev. do not enter into the agreement set out in schedule "A" to
" this Act, the corporations may under section 9 of The Muni-
cipal Electric Railway Act, proceed to organize a municipal
electric railway association, which association may then
exercise all the powers given to the Commission under this
Act and under the said agreement, as well as all powers
which may be exercised by a municipal electric railway
association under The Municipal Electric Railway Act, in so
far as the said The Municipal Electric Railway Act does not
conflict with the powers given to the corporations or the
Commission under this Act or under the said agreement.

Books of 20. Where such agreement is made the Commission shall

maintain separate and distinct books and accounts with
respect to the operation of the railway and all moneys received
by it in connection with such operation shall be kept in a
separate bank account and shall not be merged or mixed
with the funds of the Commission derived from any other
sources.

Son?if Rev ^^- Sections 65 to 68 and section 210 of The Railway Act
Stat., c. 224,' shall not apply to the corporations or the Commission or to
■ any railway constructed, purchased or operated under
authority of this Act, but the construction, equipment and
operation of such railway by the corporations or the Com-
mission shall be in accordance with the provisions of The
Railway Act except where they are inconsistent with the
provisions of this Act.

22. — (1) Where a municipal corporation has entered into Prohibition

. , , ^ • • £ . 1 • , as to grant-

an agreement with the Commission ror the construction and ing bonus,

operation of a railway under the provisions of this Act, theraUway^"^

corporation shall not enter into any agreement or arrangement ''°"^p*'^^*

with, nor grant any bonus, license or other inducement to

any railway or transportation company without the written

consent of the Commission, and where any such corporation

controls or holds shares or stock in a company operating a

railway, an electric railway or street railway, the transfer of

the control of such company or of stock or shares therein or

securities thereof to any person or corporation shall be

deemed to be an agreement or arrangement within the

meaning of this section.

(2) Notwithstanding anything contained in any general ^|^ent^of
or special Act heretofore passed by this Legislature, a muni- required to
cipal corporation shall not sell or otherwise dispose of any railway,
steam railway, electric railway or street railway owned by

it or of which it has acquired control by foreclosure or other
proceedings or under the provisions of any special Act, unless
and until a by-law authorizing such sale or other disposal
has been submitted to and has received the assent of the
municipal electors qualified to vote on money by-laws accord-
ing to the provisions of The Municipal Act.

(3) Every agreement or arrangement entered into by a
municipal corporation in violation of subsection 1 shall be
null and void.

23. Wherever the words "construction," "constructed," ipterpreta-
"construct," "constructing," occur in this Act or in the
agreement, they shall be interpreted as including "acquisi-
tion," "acquired," "acquire," "acquiring."

24. This Act shall come into force on the day upon which ^°"\""f"?®;
it receives the Royal Assent.

SCHEDULE "A"

STANDARD AGREEMENT

This indenture made the
Lord one thousand nine hundred and

day of

in the year of our

Between:

The Hydro-Electric Power Commission of Ontario
(hereinafter cailed the "Commission"),

-and — •

of the first part,

The Municipal Corporations of the Township of Sandwich
West, the Township of Sandwich East, tjie Township of
Sandwich South, the Township of Maidstone, the Township
of Colchester North, the Township of Cosfield North, the
Township of Cosfield South, tfie Township of Mersea, the
Town of Essex, the Town of Kingsville, the Town of
Leamington, and the City of Windsor,
(hereinafter called the "Corporations"),

of the second part.

Whereas pursuant to The Hydro-Electric Railway Act, 1914, and
amendments thereto, the Commission was requested to enquire into,
examine, investigate and report upon the cost of acquisition, rehabilitation,
construction, equipment and operation of an electric railway, now known
as The Windsor, Essex and Lake Shore Rapid Railway and running
through certain districts in which the Corporations are situated, and over
the routes described in Schedule "A" together with the probable revenue
that would result from the operation of such railway;

And whereas the Commission has furnished the Corporations with
such a report showing (1) the total estimated cost, operating revenue and
expenses of the railway and (2) the proportion of the capital cost to be
borne by each of the Corporations as set forth in Schedule "B" attached
hereto;

And whereas on receipt of the said report the Corporations requested
the Commission to acquire, rehabilitate, construct, equip and operate the
said electric railway (hereinafter called the railway) over the routes laid
down in Schedule "A" attached hereto, upon the terms and conditions
and in th6 manner herein set forth;

And whereas the Commission has agreed with the Corporations on
behalf of the Corporations to acquire, rehabilitate, construct, equip and
operate the railway upon the terms and conditions and in the manner herein
set forth; but upon the express conditions that the Commission shall not
in any way be liable for any financial or other obligation or loss whatsoever
by virtue of this agreement or arising out of the performance of the terms
thereof or by reason of any error or on^ission in any estimated, plans or
specifications ;

Now therefore, this indenture witnesseth: —

\. In consideration of the premises and of the agreements of the Cor-
porations herein contained, and subject to the provisions of the said Act
and amendments thereto, the Commission agrees with the Corporations
respectively : —

(c) To acquire, rehabilitate, construct, equip and operate the railway
through the districts in which the Corporations are situate on behalf of
the Corporations;

(6) To rehabilitate, construct, equip and operate the railway so
acquired over the routes laid down in Schedule "A";

(c) To issue bonds, as provided in paragraph 3 of this agreement, to
cover the cost of acquiring, rehaoilitating, constructing and equipping
the railway;

(d) To furnish as far as possible first-class modern and standard
equipment for use on the railway, to operate this equipment so as to give
the best service and accommodation possible, having regard to the district
served, the type of construction and equipment adopted and all other
equitable conditions, and to exercise all due skill and diligence so as to
secure the most effective operation and service of the railway consistent
with good management;

(e) To regulate and fix the fares and rates of toll to be collected by
the railway for all classes of service;

(/) To utilize the routes and property of the railway for all purposes
from which it is possible to obtain a profit;

(g) To combine the property and works of the railway and the power
lines of the Commission where such combination is feasible and may
prove economical to both the railway and the users of the power lines;

(h) To permit and obtain interchange of traffic with other railways
wherever possible and profitable;

(i) To supply electrical power or energy for operation of the railway
at rates consistent with those charged to municipal Corporations;

(j) To apportion annually the capital costs and operating expenses of
all works, apparatus and plant used by the railway in common with the
Commission's transmission lines in a fair manner, having regard to the
service furnished by the expenditure under consideration;

(k) To apply the revenue derived from operation of the railway and
any other revenue derived from the undertaking to the payment of operat-
ing expenses, including the supply of electrical power or energy, the cost
of administration, and annual charges for interest and sinking fund on
the money invested, and such other deductions as are herein provided for;

(/) To set aside from any revenue thereafter remaining an annual
sum for the renewal of any works belonging in whole or in part to the
undertaking;

(m) To pay over annually to the Corporations, after the repayment
in full of all the Commission's bonds, if deemed advisable by the Com-
mission in the interests of the undertaking, any surplus that may remain
after providing for the items above mentioned. The division of such
surplus between the Corporations to be fixed by the Commission on an
equitable basis, having regard in the case of each Corporation to the
capital invested, the service rendered, the comparative benefits derived,
and all other like conditions;

(») To take active steps for the purpose of acquiring, rehabilitating,
constructing, equipping and operating the railway at the earliest possible
date after the execution of this agreement by the Corporations and the
deposit of the debentures as called for under sub-clause (b) of clause
2 hereof;

(o) To make such extensions to the railway described in Schedule
"A" as may appear advantageous and profitable from time to time.

Provided always that as part of any line of railway acquired, con-
structed and operated by the Commission, the Commission may purchase,
lease or obtain running rights over, any steam railway, electric railway or
street railway or bus line or any part thereof.

2. In consideration of the premises and of the agreements herein set
forth the Corporations jointly and severally agree with the Commission
as follows:

(■a) To bear the cost of acquiring, rehabilitating, constructing, equip-
ping, operating, maintaining, repairing, renewing and insuring the railway
and its property and works as estaolished by the Commission and, as here-
inafter provided, to pay the principal, interest and premium, if any, of
and on the bonds of- the Commission issued for the railway to the ihtertt
and effect that the bonds of the Commission shall be joint and several
obligations of the Corporation;

(b) To issue debentures fpr the amount set opposite its name in
Schedule "B" to this agreement and to deposit the said debentures with
the Commission previous to the issue by the Commission of its bonds
mentioned above;

(c) To make no agreement or arrangement with, and to grant no
bonus, license or other inducement to any other railway or transportation
company without the written consent of the Commission;

(d) To keep, observe and perform the covenants, provisos and con-
ditions set forth in this agreement intended to be kept and observed and
performed by the Corporations, and to execute such further or other
documents and to pass such by-laws as may be requested by the Com-
mission for the purpose of fully effectuating the objects and intent of this
agreement;

(e) To furnish a free right-of-way for the railway and for the power
lines of the Commission over any property of the Corporations upon being
so requested by the Commission, and to execute such conveyance thereof
or agreement with regard thereto as may be desired by the Commission;

3. (a) It shall be lawful for the Commission and the Commission is
hereby authorized to create or cause to be created an issue of bonds of the
Commission for the total of the amounts set out in Schedule "B" and the
Commission from time to time subject to sub-clause (b) of this clause 3
may increase such bond issue by the issue of further bonds for such amount
as the Commission may deem necessary to cover the capital cost cf
extensions, improvements, and/or additional properties, works and/or
equipment of any kind for use on or in connection with the railway; and
the Commission, from time to time, upon such terms as it deems proper,
may sell, hypothecate, pledge or otherwise r.ispose of any bonds of the
Commission issued under this agreement but only after deposit with the
Commission of the debentures of the Corporations as provided in this
agreement;

(b) Subject as hereinafter in this sub-clause (b) provided, the Com-
mission shall obtain the consent of a majority of the Corporations before
increasing the said bond issue by the issue of further bonds, such consent
in each case to be in the form of a Municipal By-law duly passed by the
Council of the Corporation for which the assent of the electors shall not
be necessary; provided that where such further bonds are being issued to
cover capital cost within the limits of one Municipality only the consent
of that Municipal Corporation alone shall be necessary; and provided
further that it shall not be necessary to obtain the consent of any of the
Corporations in respect to the issue of further bonds from time to time up
to an amount not exceeding ten per cent. (10%) of the aggregate amount
of the bonds of the Commission issued with the consent of the Corporations
as above mentioned and outstanding from time to time;

(c) The bonds issued by the Commission from time to time under this
agreement shall respectively bear such date, carry such rate of interest,
be payable at such place or places and in such monies and upon such
terms and conditions and mature within such period not exceedin|[ fifty
(50) years from the date thereof as the Commission may determme at
the time of issuing the said bonds; all bonds issued by the Commission
under this agreement shall form part of the said bond issue, shall rank
pari passu, and shall be equally charged upon and secured by the railway
and every extension thereof and all lands and interests in lands, building,
fixtures, improvements, stations, terminals, rolling stock, equipment
income, tolls, revenue, sources of money, rights, powers, privileges,
franchises and all properties and assets of or belonging to the Railway as a
first mortgage or charge thereon ;

(d) In order to provide for the payment of the said bonds the Cora-
mission shall in each year after the expiration of ten (10) years from the
date of the said bonds respectively, out of the revenue of the railway after
payment of operating expenses, including the supply of electrical power
or energy and the cost of administration and annual charges for interest,
set aside annually as a sinking fund such sums as with the estimated interest
at the rate of four per cent. (4%) per annum compounded annually would
be sufficient in forty (40) years to repay the said bonds respectively, and
such sinking fund shall be held for and applied towards the repayment or
retirement of the said bonds respectively or any renewal or refunding thereof
at maturity and in the meantime may be invested in securities issued by
or guaranteed by the Province of Ontario; and the Commission shall
have power at such times as it may deem expedient to issue further bonds
to such amounts as will realize the net sum required after the application
of the accumulated sinking fund on hand available therefor to repay the
said bonds as the same respectively mature;

(e) With the approval of the Lieutenant-Governor-in-Council the
Commission, upon such terms as it deems proper, but subject always to
the terms of any trust deed securing the bonds of the Commission, may
lease, sell, or otherwise dispose of, free from any lien, charge, mortgage
or encumbrance, any property real or personal which the Commission
may deem unnecessary for the purpose of the railway or any section or
extension thereof and the Commission shall use or dispose of the proceeds
thereof only for the purposes of the railway in expenditures on capital
account or shall invest the same in securities of or guaranteed by the
Province of Ontario or shall apply the same for the retirement of the said
bonds or partly in one way and partly in the other;

4. (a) The debentures issued by the Corporations as mentioned in
sub-clause (b) of clause 2 hereof shall bear the same date as the bonds
issued by the Commission to the total of the amounts set forth in Schedule
"B" and shall carry a rate of interest not less than the said bonds and shall
mature within fifty (50) years from the date of such debentures; the interest
shall be payable half-yearly and both principal and interest shall be
payable in lawful money of Canada at Toronto, Ontario, and at such other
place or places, if any, as the Corporation in each case may determine;

(6) From time to time, whenever the Commission shall authorize an
increase of the said bond issue by the issue of further bonds of the Com-
mission as hereinbefore provided, the Corporations upon requisition in
writing from the Commission shall issue and deposit with the Commission
further debentures to the respective amounts specified in the said requisi-
tion; the said further debentures shall be for the same amount in total as
the said further bonds of the Commission constituting the said increase;
shall bear the same date as the said bonds; shall carry a rate of interest
not less than the said bonds, and shall mature v/ithin fifty (50) years from
the date of the said debentures; the interest shall be payable half-yearly
and both principal and interest shall be payable in lawful money of Canada
at Toronto, Ontario, and at such other place or places, if any, as the
Corporation in each case may determine;

(c) All debentures isssued by the Corporations under this agreement
shall be held or disposed of by the Commission in trust for the holders of
the bonds of the Commission issued for the Railway as collateral security
for the payment thereof in such manner and at such time or times and upon
such terms and conditions as the Commission in its discretion may deter-
mine;

(d) In the event of the revenue derived from the operation of the
Railway bein^ insufllicient in any year to meet the operating expenses of
the railway, mcluding the supply of electrical power or ener^-, the cost
of administration and the annual charges for interest and smking fund
on the bonds of the Commission, and if the Commission deems advisable,
for the renewal of any works belonging in whole or in part to the railway,
such deficit shall be forthwith paid to the Commission by the Corporations
upon demand of and in the proportion adjjusted and specified by the
Commission; and such respective amounts so specified by the Commission
shall be debts due and owing by the respective Corporations to the Com-
mission and may be recovered by the Commission from each such Cor-

poration in any Court of competent jurisdiction together with interest at
the rate of six per cent, per annurn on the balance of any such amounts
not paid upon demand as aforesaid; and the production by the Com-
mission of the notice to the Corporation specifying the amount owing and
of proof of delivery thereof to the Corporation shalF be conclusive evidence
of the amount due and owing by the Corooration to the Commission as
a debt;

(e) In default of payment by any Corporation or Corporations of any
amount demanded by the Commission under sub-clause (d) of this clause
4, the Commission may upon such terms as it may deem advisable borrow
on the security of and pledge or hypothecate the debentures of any Cor-
poration or Corporations to raise the moneys required to meet the amount
or amounts so in default; and if the moneys so borrowed shall not have been
paid by the Corporations or any of them together with the interest on
the moneys so borrowed within two months from the date of such borrow-
ing, the Commission may sell at such price or nrices and on such terms and
conditions as it may deem proper, sufficient debentures of any Corporation
or Corporations to realize the moneys required to repay the moneys so
borrowed and the interest thereon. Whenever the debentures of any
Corporation shall have been sold as aforesaid, every such Corporation
shall in each year thereafter in lieu of the annual sinking fund levies pro-
vided for under the respective By-law or By-laws authorizing the issue
of such debentures so sold levy for sinking fund such amounts as shall
be sufficient to meet at maturity such debentures so sold and shall there-
upon issue and deposit with the Commission, upon the same terms and for
the same purposes as the original debentures so deposited, additional
debentures of such Corporation payable in the same manner and upon the
same terms and conditions and to the same principal amount as the deben-
tures so sold, without prejudice to the rights of each such Corporation to
recover from any or all of the other Corporations parties hereto such
respective sums as the Commission shall determine;

(/) The Commission in lieu of holding the said debentures may lodge,
pledge, hypothecate, charge and/or mortgage the same or any of them
with or to a Trust Company or Corporation as Trustee for the holders
of the bonds of the Commission and for such purpose the Commission
may enter into, execute and deliver any Agreement, Trust Indenture or
other document containing such powers, terms and conditions, and such
mortgage, charge and or pledge, including the mortgage on the railway
and every extension thereof and all the lands and interests in land, build-
ings, fixtures, improvements, terminals, rolling stock, equipment, income,
tolls, revenues, sources of money, rights, powers, privileges, franchises and
all other properties and assets of or belonging to the railway, as the Com-
mission in its sole discretion shall deem to be in the best interests of the
railway and of the holders of said bonds, anything contained in this
agreement to the contrary notwithstanding, and the Commission may
assign and transfer to and vest in the said Trustee for the holders of the
bonds of the Commission all the rights, powers, privileges and remedies
conferred upon the Commission under this agreement and all benefit and
advantage to be derived therefrom; and in the event that the Commission
shall make default in payment of the principal of or interest on its bonds
or in payment of the sinking fund provided in respect of its bonds, or in
any other particular whatsoever under the Trust Indenture securing its
bonds, and the Trustee thereof shall have determined or become bound to
enforce the same and shall have declared to be due and payable the prin-
cipal and interest of the bonds of the Commission issued under said Agree-
ment, Trust Indenture or other document and all other moneys secured
thereby, the Corporations jointly and severally agree with the Commission
that upon notification from the Commission and /or said Trustee they
will pay to said Trustee for the benefit of the holders of the bonds of the
Commission secured by said Agreement, Trust Indenture or other docu-
ment the principal, interest and premium, if any, of and on the said bonds
thereby secured and then outstanding and all ©ther moneys secured thereby
without prejudice, however, to the rights of the respective Corporations,
upon such payment being made by any or all of them to recover from any
Corporation or Corporations oarties hereto such sum or sums as the
Commission may in its discretion deem equitable, provided that such
Trustee before enforcing the obligations of the said Corporations as herein

17 4

above provided may sell or otherwise dispose of any or all of the said |'

debentures lodged, oledged, hypothecated, charged or mortgages as 5

aforesaid as may be necessary, together with any accumulated sinking \

fund on hand, to repay in full the principal, interest and premium, if any, {

of and on the said bonds of the Commission and all other moneys secured *

by said Agreement, Trust Indenture or other document, and in the event
of such proceeds being insufficient to meet the payments aforesaid the
Corporations jointly and severally agree with the Commission that upon
notification from the Commission and/oi said Trustee of the amount of
such deficit they will, without prejudice to their respective rights as afore-
said, pay to said Trustee the amount of such deficit and for the purpose
of recovering from the Corporations or any of them any sum or sums due
by them or any of them to said Trustee as aforesaid, the said Trustee
shall have all the rights and remedies provided for in the Execution Act;

(g) The By-laws of the Corporations authorizing the issue of the
debentures to be deposited with the Commission under this agreement
shall in each case provide for the raising in each year during the currency
thereof, of the annual interest thereon and in each year commencing at
the expiration of ten years from the date thereof and continuing throughout
the currency of said debentures, a specific sum which with the estimated
interest at a rate not exceeding four per cent, per annum capitalized yearly
will be sufficient to pay the principal of the said debentures at maturity;
provided that in any year in which the Commission shall have paid the
whole or any part of the interest and shall have set aside the whole or
any lesser proportion of the sinking fund required to be set aside by it
as hereinbefore provided in respect to bonds issued by it and for which
such debentures have been pledged as collateral security, the respective
amounts to be raised by such Corporations for any year shall be reduced
in the proportion which the amount of interest so paid or the amount of
sinking fund so set aside by the Commission bears to the amount required
to be paid and set aside by the Commission as aforesaid ; and any interest
and sinking fund moneys required to be raised by the Corporations here-
under shall be paid to the Commission or in the event of the Commission
having pledged said debentures to a Trustee as aforesaid shall be paid to
said Trustee for the holders of the bonds of the Commission and shall be
added to the sinking fund of the Commission under the Trust Deed
securing the said bonds, and the said Trustee may apply any such sinking
fund so received toward the payment or retirement of any bonds of the
Commission under the terms of the said Trust Deed; provided further
that in the event that the said Trustee shall enforce the Trust Deed and
sell or otherwise dispose of any or all of the debentures of the Corporations
mortgaged, hypothecated or pledged thereunder to provide the necessary
moneys required for the payment of the principal, interest and/or premium
of the bonds of the Commission after the application of the sinking fund
moneys then available in the hands of the Trustee, the Corporations shall
in each year thereafter in lieu of the annual sinking fund payments pro-
vided for' under the respective By-laws authorizing the issue of their
debentures so disposed of levy for sinking fund such amounts as shall be
sufficient to meet at maturity the debentures so sold or otherwise disposed
of; and provided further that any sinking fund monies raised by any
Corporation in respect of that portion of its debentures if any which have
been sold or otherwise disposed of by the Commission and/or by the said
Trustee hereunder shall not be paid to the Commission or to the Trustee
and shall be -retained and dealt with by such Corporation to repay at
maturity the debentures so sold or otherwise disposed of, in the manner
provided by The Consolidated Municipal Act, 1922;

(h) Debentures issued and debts contracted by any Corporation
pursuant to this agreement shall not be included in ascertaming the limits
of the borrowing powers of the Corporation as prescribed by The Con-
solidated Municipal Act, 1922, and debentures may be issued and debts
contracted by the Corporations for the purposes mentioned in this agree-
ment notwithstanding the limitations prescribed by The Consolidated
Municipal Act, 1922.

5. Should any Corporation fail to perform any of the obligations to
the Commission under this agreement, the Commission may, in addition
to all other remedies and without notice, discontinue the service of the

railway to such Corporation in default until the said obligation has been
fulfilled, and no such discontinuance of seri'ice shall relieve the Corporation
in default from the performance of the covenants, provisos and conditions
herein contained.

6. In case the Commission shall at any time or times be prevented
from operating the railway or any part thereof by strike, lockout, riot,
fire, invasion, explosion, act of God, or the King's enemies, or any other
cause reasonably beyond its control, then the Commission shall not be
bound to operate the railway or such part thereof during such time; but
the Corporations shall not be relieved from any liability or payment
under this agreement and as soon as the cause of such mterruption is
removed the Commission shall, without any delay, continue full operation
of the railway, and each of the Corporations shall be prompt and diligent
in doing everything in its power to remove and overcome any such cause
or causes of interruption.

7. It shall be lawful for and the Corporations hereby authorize the
Commission to unite the business of the railway with that of any other
railway system operated in whole or in part by the Commission and to
acquire, equip and operate buses and /or bus lines either instead of any
line or lines of the railway or by way of extension wherever it may appear
to the Commission advantageous and profitable from time to time and to
exchange equipment and operators from one system to another, proper
provision being made so that each system shall pay its proportionate share
as adjusted by the Commission of the cost of any equipment used in
common; provided that as part of any line of railway constructed or
operated by the Commission, the Commission may purchase, lease or
obtain running rights over, any steam railway, electric or street railway
or bus line or any part thereof.

8. If at any time any other Municipal Corporation applies to the
Commission for an extension of the railway into its Municipality the
Commission shah notify the applicant and the Corporations, in writing,
of a time and place to hear all representations that may be made as to the
terms and conditions relating to such proposed extension. Applications
for extension into more than one Municipality may be heard and deter-
mined at one time. If, on the recommendation of the Commission, such
extension shall be authorized, without discrimination in favour of the
applicant, as to the cost incurred or to be incurred for or by reason of any
such extension, the Commission may extend the railway upon such terms
and conditions as may appear equitable to the Commission.

No such application for an extension of the railway into any Muni-
cipality the Corporation of which is not a party to this agreement shall
be granted if it is estimated by the Commission that the cost of service of
the railway to the Corporations parties hereto will be thereby increased
or the revenue and accommodation be injuriously affected without the
written consent of the majority of the Corporations parties hereto.

9. This agreement may be amended by the Commission and the
Corporations with the consent of the Lieutenant-Governor-in-Council and
the Corporations shall pass all such by-laws as may be necessary to
authorize, confirm and carry out every such amendment, and every such
amendment and this agreement as so amended shall have force anci effect
as if the said amendment had been originally part of this agreement and
all by-laws passed and proceedings taken by the Corporations and by the
Commission in connection therewith shall be as effective as if taken
originally under or in connection with this agreement.

10. The Commission shall, at least annually, adjjust and apportion
between the Corporations the cost of acquisition, rehabilitation, con-
struction, equipment, operation, interest, sinking fund, and also, the cost
of renewing the property of the railway.

11. Every railway and all the works, property and effects held and
used in connection therewith, acquired, constructed, operated and main-
tained by the Commission under this agreement and the said Act shall be
vested in the Commission on behalf of the Corporations; but the Com-

mission shall be entitled to a Hen upon the same for all money expended
by the Commission under this agreement and not repaid.

12. Each of the Corporations covenants and agrees with the other: —

(a) To carry out the agreements and provisions herein contained;

(b) To co-operate by all means in its power at all times with the Com-
mission to create the most favourable conditions for the carrying out of
the objects of the agreement and of the said Act, and to increase the
revenue of the railway and ensure its success.

13. In the event of any difference between the Corporations the
Commission may, upon application, fix a time and place to hear all repre-
sentations that may be made by the parties, and the Commission shall
adjust such differences, and such adjustments shall be final. The Com-
mission shall have all the powers that may be conferred upon a commis-
sioner appointed under The Act Respecting Enquiries Concermng Public
Matters.

14. This agreement shall continue and extend for a period of fifty
years from the date hereof, and at the expiration thereof be subject to
renewal, with the consent of the Corporations from time to time for like
periods of fifty years, subject to adjustment and reapportionment as
herein provided for the purposes of this agreement as though the terms
hereof had not expired. At the expiration of this agreement the Com-
mission shall determine and adjust the rights of the Corporations, having
regard to the amounts paid or assumed by them respectively under the
terms of this agreement and such other considerations as may appear
equitable to the Commission and are approved by the Lieutenant-
Go vernor-in-Council.

Provided that nothing herein contained shall in any way affect or
impair the rights or obligations of the Corporations or any of them or of
the Commission under this agreement in respect to bonds issued by the
Commission during the currency of this agreement.

15. It is understood and agreed that the rates imposed for the share of
the cost to be borne by those Municipalities listed in Schedule "C"
attached hereto, shall be imposed upon the rateable property set forth
respectively in the said Schedule.

16. This agreement shall not come into effect until it has been sanc-
tioned by the Lieutenant-Governor in Council.

In witness whereof the Commission and the Corporations have
respectively affixed their corporate seals and the hands of their proper
officers.

Signed, Sealed and Delivered

The Hydro-Electric Power Com-
in the presence of: mission of Ontario.

Chairman.

Secretary.
The Municipal Corporation op

Reeve {or Mayor).
Clerk.

Schedule "A" to the Agreement.

Route.

The railway extends in a general southeasterly direction from a location
near the corner of Ouellette and Pitt Streets, Windsor to Leamington,
being located on streets or public roads from Windsor to the intersection
of the Michigan Central Railway, which railway is parallel on private
right-of-way to Maidstone from which point the highways are used or
parallelled through Essex, Cottam, Kingsville, Ruthven to Leamington.

SCHEDULE "B"

Total amount of debentures
to be issued by respective
Name of Municipal Corporation municipalities for deposit

%ith the Commission.

Township of Sandwich West $45,000 00

Township of Sandwich East 45,990 00

Township of Sandwich South 35,870 00

Township of Maidstone 48,380 00

Township of Colchester North 20,660 00

Township of Gosfield North 84,460 00

Township of Gosfield South 111,740 00

Township of Mersea 41,590 00

Town of Essex 65,730 00

Town of Kingsville 85,210 00

Town of Leamington 128,760 00

City of Windsor 286,610 00

Total amount of bonds to be issued $1,000,000 00

SCHEDULE "C"

(1) Township of Sandwich West:

That portion of the Township of Sandwich West described as follows :
Commencing at the intersection of Tecumseh Road with the Huron
Church Line Road; thence northeasterly along the Township boundary
to the Town Line between the Townships of Sandwich East and
Sandwich West; thence southeasterly along the last-mentioned Town
Line to its junction with the boundaries of the Townships of Sandwich
East and Sandwich South; thence southerly along the boundary
between the Townships of Sandwich West and Sandwich South to
its junction with Road between lots 305 and 306 in the Township
of Sandwich South; thence northwesterly to the junction of the Road
between concessions 4 and 5 with the Huron Church Line Road;
thence northwesterly along the Huron Church Line Road to the point
of commencement.

(2) Township of Sandwich East : •

That portion of the Township of Sandwich East bounded on the
Northwest by the Border Cities, on the Northeast by Pillette Road,
on the Southeast and Southwest by the Township Boundary.

(3) Township of Sandwich South :

That portion of the Township of Sandwich South described as
follows: Commencing at the junction of the boundaries of the Town-
ships of Sandwich West, Sandwich East and Sandwich South; thence
northeasterly to the eastern boundary of the Township ; thence southerly
along last-mentioned eastern boundary to the southerly boundary of
the Township; thence westerly along last-mentioned southerly bound-
ary to its intersection with the Pere Marquette Railway; thence north-
erly along said railway in concession 7 to the northerly limit of said
concession; thence westerly along last-mentioned limit and its pro-
duction to the boundary between the Townships of Sandwich West
and Sandwich South; thence northerly along last -mentioned boundary
to the point of commencement.

(4) Township of Maidstone:

That portion of the Township of Maidstone described as follows:
Commencing at the junction of the boundaries of the Townships of
Sandwich South, Maidstone and Colchester North; thence northerly
along the boundary between the Townships of Sandwich South and
Maidstone to the southerly limit of concession 9; thence easterly along
the southerly limit of concessions 9, 8, 7, 6 and 5 to the Road between
lots 12 and 13; thence southerly along last-mentioned Road to the
northerly limit of lot 24; thence easterly along last-mentioned limit
to the Road between concessions 1 and 2 ; thence southerly along last-
mentioned Road to the southerly boundary of the Township; thence
westerly along last-mentioned southerly boundary to the point of
commencement.

(5) Township of Colchester North :

between concessions 13 and 14 with the Road between lots 8 and 9;
thence northwesterly to the northerly Township boundary at its
junction with the Road between concessions 9 and 10 in the Township
of Sandwich South; thence easterly along Township boundary to the
point of commencement.

(6) Township of Gosfield North:

That portion of the Township of Gosfield North described as
follows: Commencing at the junction of the boundaries of the Town-
ships of Maidstone, Gosfield North and Colchester North; thence
easterly along the northerly boundary of the Township of Gosfield
North to the Road between lots 12 and 13; thence southerlj/ along
last-mentioned Road to the Road between concessions 10 and 11;
thence easterly along last-mentioned Road to the Road between lots
18 and 19; thence southerly along last-mentioned Road to the Road
between concessions 6 and 7; thence easterly along lp.st-mentioned
Road to the Road between lots 18 and 19; thence southerly along last-
mentioned Road to the Township boundary; thence westerly along
Township boundary to the westerly boundary of Township; thence
northerly along last-mentioned boundary to the point of commencement.

(7) Township of Gosfield South:

All of the Township of Gosfield South.

(8) Township of Mersea:

That portion of the Township of Mersea described as follows:
Commencing at the intersection of the westerly boundary of the
Township with the shore of Lake Erie; thence northerly along said
westerly boundary to the Road between concessions 4 and 5; thence
easterly along last-mentioned Road to the Road between lots 232 and
233; thence southerly along last-mentioned Road to the northwesterly
limit of concession 2; thence southwesterly along last-mentioned
limit to the northerly limit of concession 1 ; thence easterly along last-
mentioned limit to the Road between lots 12 and 13; thence southerly
along last-mentioned Road to the shore of Lake Erie; thence westerly
following the shore of Lake Erie to the point of commencement.

(9) Town of Essex:

All of the Town of Essex.

(10) Town of Kingsville:

All of the Town of Kingsville.

(11) Town of Leamington:

All of the Town of Leamington.

(12) City of Windsor:

All of the City of Windsor.

I H

5 n. ?d

01 J^ o

2 a- Z

_ 3

Act
Oper

&) p <->-

3 C. O

uthor

lOf tl

Lake

<s>.

C/5 ^ N
O ^ r^

r
r

1— »

(/«

"> 5 n

o^a

Purchase and
idsor, Essex
Rapid

No. 63. 1928.

BILL

An Act respecting The Young Men's Christian
Association of St. Catharines.

WHEREAS The Young Men's Christian Association ofP^^^^^^^-
St. Catharines has by its petition represented that the
said association was incorporated in the year 1891 under an
Act respecting Benevolent, Provident and other Societies;
and whereas the said association has by its petition prayed
that an Act may be passed to confirm its said incorporation
and to extend its powers as hereinafter set out; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Young Men's C^m/iaw Short title.
Association of St. Catharines Act, 1928.

2. The incorporation of The Young Men's Christian poratiou
Association of St. Catharines is confirmed and the association conflrmed.
is declared to be a body corporate and politic under the name

of "The Young Men's Christian Association of St. Catharines,"
hereinafter referred to as the "association."

3. The objects of the association shall be the spiritual, association
mental, social, educational and physical welfare and improve-
ment of young men and boys by the erection, operation,
maintenance and support of buildings, rooms, libraries,
gymnasia, swimming pools, dormitories, restaurants, cafe-
terias, athletic quarters and grounds, aquatic facilities,
recreational facilities, summer camps, the holding, mainten-
ance and support of meetings, lectures and educational
instruction and courses and by such other means as may

from time to time be determined upon.

4. The association may establish branch associations in^g^^i^ug^
the city of St. Catharines and in the vicinity of the said city ; branches.
and also may co-operate with and enter into agreements with

The Young Women's Christian Association of St. Catharines

Con-
btitutio!! and
by-laws
conflrmed.

for such mutual purposes and in such manner as may from
time to time be determined upon.

6. The constitution and by-laws heretofore adopted by
the association and now in force are declared to be the con-
stitution and by-laws of the association and shall remain in
force until the same are repealed or amended in accordance
with the provisions thereof.

directoiif.'"^ 6. The officers and directors of the association in office at
the time of the passing of this Act shall be the officers and
directors of the association and shall continue in their respec-
tive offices until their successors are elected or appointed in
accordance with the constitution and by-laws of the asso-'
ciation.

Vesting of
property.

7. All property, real and personal, belonging to or held in
trust for the association shall henceforth be vested in the
association to be held, used, administered and disposed of,
subject to the provisions of this Act, in accordance with
the constitution and by-laws of the association.

Property
liable for
existing
debts.

8. The association and all its property shall remain liable
for the payment or satisfaction of any debts or obligations
heretofore contracted or incurred in the same manner and
to the same extent as if this Act had not been passed.

Power to
acquire, and
dispose of
real estate.

Proviso.

Exemption
from taxa-
tion.

Borrowing.

9. The association may acquire and hold in the city of
St. Catharines and in the vicinity thereof any real property
or any estate or interest therein either by purchase, lease,
gift, devise or bequest, either absolutely or in trust, and
may sell, transfer, exchange, mortgage, hypothecate, lease or
otherwise alienate or dispose of the same or any part thereof
and apply the proceeds of any such property for its purposes.
Provided that no land at any time acquired by the association
and not required for its actual use and purposes or by way
of security for the payment of any loan, debt or guarantee,
shall be held by it or by any trustee on its behalf for a longer
period than seven years after it shall cease to be so required,
but this proviso shall not be deemed in any wise to vary or
otherwise affect any trust relating to such property.

10. The buildings, lands, equipment, and undertaking of
the association, so long as the same are occupied by and.
used for the purposes of the association shall be and the same
are hereby declared to be exempt from taxation except for
taxation for local improvements and school purposes,

11. The association may borrow money for its purposes
upon its credit and may mortgage, hypothecate or pledge
any of its property, real or personal, as security for any loan.

12. The association may establish an endowment fund or ^'J^'^^^'"®"*
funds for any of its purposes and may create such funds out

of its own moneys or securities for moneys and out of any
subscriptions, gifts, donations and bequests under such
trusts, regulations and conditions in respect thereto as may
from time to time be determined by the board of directors
of the association.

13. The association may lend, invest and re-invest any Loaning,
of its funds and moneys in any securities authorized by law

as investments for trust funds.

14. The association may establish, aid or support such ^^^^^^^ai
systems or courses of technical, vocational or trades education

as the board of directors of the association may from time to
time determine.

15. This Act shall come into force on the day upon which ment'o^"*^*
it receives the Royal Assent. ^ct.

Ci "0

rt-

.<»

•

<»

>
<

r~M

tSJ

;:$

;:).

«».

»».

C«5

»-

r+_

55'

f-h

CfP

►-•^

ffi

C/3

crq

(T>

tc"

I— H

r
r

No. 64. 1928.

BILL

An Act respecting The Young Women's Christian
Association of St. Catharines.

WHEREAS the several persoas named in section 2 of Preamble,
this Act have prayed that an Act be passed to incor-
porate The Young Women's Christian Association of St.
Catharines as a body corporate and politic for the purposes
and with the powers as hereinafter provided; and whereas
it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Young Women's Christian ^^°'^^^^^^^-
Association of St. Catharines Act, 1928.

2. I. Gertrude Bunting, Clara E. Burgoyne, Reva M.^^^^J-^j^
English, Daisy Dean Gain, I. Louise Harkness, Minerva K.
Jones, Kate Leonard, Mary D. McCalla, Alice McLean,

J. Irene Newman, Beatrice Robinson, Margaret Schofield,
Irene E. Veale, Flora A. Walker, Anne Wright and Gwendolyn
Mulock, all of the city of St. Catharines, and such other
persons as now are or hereafter shall become members thereof,
shall be and they are hereby constituted a body politic and
corporate under the name of "The Young Women's Christian
Association of St. Catharines" hereinafter referred to as the
"association."

3. The said I. Gertrude Bunting, Clara E. Burgoyne, ^recfors.
Reva M. English, Daisy Dean Gain, I. Louise Harkness,
Minerva K. Jones, Mary D. McCalla, Alice McLean, J. Irene
Newman, Beatrice Robinson, Margaret Schofield, Irene E.
Veale, Flora A. Walker, Anne Wright and Gwendolyn Mulock,

who have formed the provisional board of directors, shall be
and form the first board of directors of the association and
ihey shall severally hold office as directors until their succes-
sors are elected in accordance with the constitution and
by-laws of the association; and the officers who have been
appointed by the said provisional board of directors shall

continue to hold their respective offices until their successors
are appointed in accordance with the said constitution and
by-laws.

Con- 4. The board of directors shall adopt a constitution and

by-laws. by-laws for the association and shall submit the same for
confirmation and adoption at the first annual general meeting
of members of the association and such constitution and
by-laws when so confirmed and adopted or as the same may
then be amended shall be the constitution and by-laws of
the association and shall remain in force until the same are
repealed or amended in accordance with the provisions
thereof.

Objects of
association.

5. The objects of the association shall be the spiritual,
mental, social, educational and physical welfare and improve-
ment of young women and girls by the erection, operation,
maintenance and support of buildings, rooms, libraries,
gymnasia, swimming pools, dormitories, restaurants, cafe-
terias, athletic quarters and grounds, aquatic facilities,
recreational facilities, summer camps, the holding, mainten-
ance and support of meetings, lectures and educational
instruction and courses and by such other means as may
from time to time be determined upon.

Power to
establish
branches.

6. The association may establish branch associations in
the city of St. Catharines and in the vicinity of the said
city; and also may co-operate with and enter into agreements
with The Young Men's Christian Association of St. Catharines
for such mutual purposes and in such manner as may from
time to time be determined upon.

Vesting of
property.

7. All property real and personal belonging to or held in
trust for the association shall henceforth be vested in the
association to be held, used, administered and disposed of,
subject to the provisions of this Act, in accordance with the
constitution and by-laws of the association.

to*a(fquire ®' ^^^ association may acquire and hold in the city of

and dispose St. Catharines and in the vicinity thereof any real property

Ol T*€cil GSt3,tG. ', i**ii 1 1

■or any estate or mterest therein either by purchase, lease,
gift, devise or bequest, either absolutely or in trust, and
may sell, transfer, exchange, mortgage, hypothecate, lease
or otherwise alienate or dispose of the same or any part
thereof and apply the proceeds of any such property for its
purposes. Provided that no land at any time acquired by
the association and not required for its actual use and purposes
or by way of security for the payment of any loan, debt or
guarantee, shall be held by it or by any trustee on its behalf
for a longer period than seven years after it shall cease to be

Proviso.

so required, but this proviso shall not be deemed in any wise
to vary or otherwise affect any trust relating to such property.

9. The buildings, lands, equipment, and undertaking of^^^fax°?
the association, so long as the same are occupied by and used tion.

for the purposes of the association, shall be and the same are
hereby declared to be exempt from taxation except for
taxation for local improvements and school purposes.

10. The association may borrow money for its purposes borrowing,
upon its credit and may mortgage, hypothecate or pledge

any of its property, real or personal, as security for any loan.

11. The association may establish an endowment fund ^n^^"^""®"*
or funds for any of its purposes and may create such funds

out of its own moneys or securities for moneys and out of
any subscriptions, gifts, donations and bequests under such
trusts, regulations and conditions in respect thereto as may
from time to time be determined by the board of directors of
the association.

12. The association may lend, invest and re-invest any^°*°*°^-
of its funds and moneys in any securities authorized by law

as investments for trust funds.

13. The association may establish, aid or support such Jjfucatio^n.
systems or courses of technical, vocational or trades educa-
tion as the board of directors of the association may from

time to time determine.

14. This Act shall come into force on the day upon which mentTf^'^^'
it receives the Roval Assent. ^°^-

*T3

Ol"

D-

«<

«>fc

«.

>
<

<^«.

0^5

rr 3

S'>

r+ O

►-• r+

v> ■

= 3

>'0

oc 1

n 3

O <T>

-P

^^t

s 1

P o

5-3

2 rt

• c«

No:. 65. ^ 1928, .•■'■';'-.•'•

BILL

/ An Act respecting the City of Fort William and
McKellar General Hospital.

WHEREAS the corporation of the city of Fort William Preamble.
and McKellar General Hospital have by their petition
represented that the city of Fort William has, under the
authority of the Act passed in the eighth year of the reign of
His late Majesty King Edward the Seventh and chaptered 80,
guaranteed payment of the principal and interest of bonds of
McKellar General Hospital issued for hospital purposes, that
no provision has been made for payment of the said bonds;
that the council of the corporation of the city of Fort William
for the purpose of enabling McKellar General Hospital to
raise the moneys required to pay off part of the said bonds
amounting to $85,000, which become due on the 1st day of
May, 1928, on the 24th day of January, 1928, after obtaining

the assent of the electors qualified to vote on money by-laws, ,

passed By-law number 2793 to authorize the said corporation ;

to guarantee the payment of the principal and interest of
bonds of McKellar General Hospital to the extent of $88,000,
payable within twenty years from the date of issue thereof
and bearing interest at four and one-half per centum per
annum, payable half yearly, the said bonds to be secured by a
mortgage (subject to present registered encumbrances) on the
hospital property in favour of a trust company satisfactory to
the couftcil; that doubts have ariseft as to the power of Mc-
Kellar General Hospital to issue bonds to provide the money
to pay the bonds heretofore issued by it for hospital purposes,
and as to the validity of the said by-law, and it is desirable
that McKellar General Hospital should be authorized to
issue bonds to provide the moneys required to pay any bonds
heretofore issued by it for hospital purposes, and that the •r:*»-<s;^
corporation of the city of Fort William should be authorized
to guarantee the payment of the principal and interest of any
such bonds, and that the said by-law and any bonds issued by
McKellar General Hospital and guaranteed by the corpora-
tion of the city of Fort William, pursuant to the said by-law,
should be validated and confirmed ; and whereas it is expedient
to grant the prayer of the said petition ;

65 ^>

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Power to
ftesue bonds
to retire
those out-
standing.

1. — (1) That McKellar General Hospital had power to and
may from time to time issue bonds, secured by mortgage
(subject to existing encumbrances) upon the property of the
hospital, payable within such time and bearing interest at
such rate as the hospital may determine, for such amounts
as may be necessary to raise the moneys required to pay any
bonds heretofore issued by the said hospital for hospital
purposes, pursuant to the provisions of the said Act, and to
discharge the mortgages given by it as security for the repay-
ment of the said bonds or any of them, and any mortgage
which has heretofore been or may hereafter be made by the
said hospital to secure the repayment of any of the said bonds
shall be valid and binding upon the said hospital according
to its terms.

(2) Such mortgage shall provide for the payment by the
hospital to the city of Fort William or to the trustee named in
such mortgage in each year of a specific sum which, with the
estimated interest at a rate not exceeding four per cent. (4%)
per annum capitalized yearly, will be sufficient to pay the
principal of the bonds referred to in the said mortgage at
maturity.

Power

of city to
guarantee
bonds.

2. That the council of the corporation of the city of Fort
William may from time to time, with the assent of the electors
qualified to vote on money by-laws, aid McKellar General
Hospital by guaranteeing the principal and interest of any
bonds issued by the said hospital for the purposes aforesaid,
and the said corporation may take from the said hospital any
security which it may deem advisable therefor.

By-law
No. 2793,
confirmed.

3. That By-law number 2793, passed by the council of the
corporation of the city of Fort William on the 24th day of
January, 1928, is hereby confirmed and declared to be legal,
valid and binding upon the said corporation and the rate-
payers thereof.

confirma- 4. Any bond issued by McKellar General Hospital for the

bonds.*^ purpose aforesaid, the payment of the principal and interest

of which is guaranteed by the corporation of the city of Fort
William, pursuant to the provisions of the said By-law
number 2793 or of any other by-law hereafter passed by its
council with the assent of the electors qualified to vote on
money by-laws, shall be legal, valid and binding upon Mc-
Kellar General Hospital and upon the corporation of the

city of Fort William, as maker and guarantor thereof respec-
tively.

6. This Act shall come into force on the day upon which ^l^tVf^*^^'
it receives the Roval Assent. ^°^-

H
O

O
"^
H
O

(/5

s CI

0^5

•^ cn
o S

2 ?;■

•^ o

r
r

o O
<5-

No. 66. 1928.

BILL

An Act to establish a Research Foundation in
Ontario.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Research Foundation Act,^^''''^ *'"®-
1928.

2. There shall be established a corporation to be known me*nt^of*^"
as the Ontario Research Foundation, hereinafter called the Foundation.
"Foundation" which shall consist of such persons as may

from time to time be designated by the Lieutenant-Governor
in Council to be members of the Foundation.

3. The objects of the Foundation shall be the carrying Objects of

r , , , . . . 1 • r 1 . Foundation.

on oi research work and mvestigations havmg for their
purposes, —

(a) the improvement and development of manufacturing
and other industries by the introduction of advanced
methods and processes;

(b) the discovery and better development of the natural

resources of the Province and the discovery and
utilization of the by-products of any processes in
treating or otherwise dealing with the mineral,
timber and other resources of the Province;

agricultural industry and the betterment, welfare
and progress of farm life;

(d) scientific research and investigation for the mitigation
and abolition of disease in animal or vegetable life
and the destruction of insect or parasitic pests;

(e) generally the carrying out, with the approval or
under the direction of the Lieutenant-Governor in
Council, of any other research work or investigation
which may be deemed expedient.

fer'investi-"^ 4. Subject to any general regulations in that behalf which
gation of niay be made by the Lieutenant-Governor in Council, the

problems. "^ , "^ . ,. . .

foundation may receive applications from any person or

from any group of persons for the investigation and solution

by the Foundation of any problems which present themselves

in any manufacturing, mining, labouring or other industrial

process, upon such terms as to the payment of the expenses

of any such work as may be agreed upon in accordance with

the regulations.

and vice-'^ 5. — (1) The Lieutenant-Governor in Council may appoint

chairman. one of the members to be the chairman of the Foundation
and another member to be vice-chairman.

Powers of
chairman.

(2) The chairman shall preside at all meetings of the
Foundation and shall have the control and direction of the
administration of the Foundation and of the members and
staff of the Foundation.

Powers of
vice-
chairman.

(3) In the absence of the chairman, or at his request, the
vice-chairman shall preside at the meetings of the Foundation
and shall have and may exercise the powers of the chairman.

Sub-
scribers to
Foundation.

6. — (1) The Foundation may enter into an agreement in
writing with such persons as may desire to become subscribers
to the Foundation for receiving from such persons subscrip-
tions of money in sums of $100, or multiples thereof, until
the sum of $1,000,000 has been subscribed.

Report of
work to be
furnished
to sub-
scribers.

(2) The subscribers to the Foundation shall be entitled
to receive, from time to time, reports of the work cariied on
by the Foundation and to make suggestions from time to
time as to the nature of the research work and investigations
to be pursued by the Foundation and the methods to be used
therein.

Time for
payment
of sub-
scriptions.

(3) Twenty per centum of the subscription shall be paid
at the time of subscribing and twenty per centum in each
of the four years next following the subscription, upon a day
to be named by the Foundation.

ofsub-'^* "^ '^- ^^ soon as the chairman shall certify in writing to the

scriptions. Lieutenant-Governor in Council that the sum of $1,000,000
and contri- . .

butions by has been subscribed and the sum of $200,000 has been paid

■ thereon, the Treasurer of Ontario may pay to the Foundation

the sum of $200,000 out of any moneys appropriated by the^"^°"^^^_
Legislature for that purpose and thereafter, in each of the scribed by
four following years, when the chairman shall certify that the
sum of $200,000 has been paid the Treasurer of Ontario may
pay an equivalent sum to the Foundation.

8. The Foundation may acquiie by purchase or lease, or expropriate
may enter upon, take and use without the consent of the land and
owner thereof, any land and buildings which may be deemed ings.
suitable for the purposes of the Foundation and may erect
buildings, acquire and instal machinery and equipment and
purchase all such instruments, materials and appliances and

other matters and things as may be deemed necessary,
provided that such lands and buildings so purchased, leased
or taken, and the plants and other buildings to be erected
by the Foundation shall be first approved by the Lieutenant-
Governor in Council.

9. The Foundation shall hold meetings from time to time ^®®*^'^^^-
for the purpose of informing the subscribers and the public of

the work being carried on by the Foundation and as to any
new development, industrial, agricultural or scientific research
in which the Foundation may be interested and shall make an
annual report of its proceedings, including a statement of the ^porf.^
receipts and expenditures of the Foundation in such form as
the Lieutenant-Governor in Council may require and such
report shall be laid before the Legislative Assembly at its
first meeting thereafter.

10. Whenever the Foundation exercises the power to -A^ppiication
enter upon, take or use lands without the consent of the stat. o. 52.
owner thereof. The Public Works Act shall apply mutatis
mutandis and the procedure shall be, as nearly as may be,

that provided in The Public Works Act where land is taken
for the use of the Province.

11. The Lieutenant-Governor in Council may make regu- Regulations,
lations for the better carrying out of the provisions of this

Act and the powers and duties of the Foundation as herein
set out shall be exercised subject to such regulations.

12. This Act shall come into force on the day upon which ^ent"oTA*ot
it receives the Royal Assent.

H
cr
n

O
a

Pi-
's".

l-h

l-t-

r-f

•-t

)>«

ct;

0.]

H' •

e>-

PI-
'S".

<-t

PJ-

P
2_

ft)

r
r

1—'

3
CL

Or.
O 3

) V

No. 67.

1928.

BILL

An Act respecting the Training of Apprentices.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Apprenticeship Act, 1928. short title.

2. In this Act, — inter-

pretation.

(a) "Apprentice" shall mean a minor at least sixteen I'Ai^pren-
^ ' ^^ r I . f . . tioe .

years of age who enters into a contract of service in

accordance with this Act, whereby he is to receive

from or through his employer, in whole or in part,

instruction in any industry, trade, craft or business;

{h) "Employer" shall mean and include in relation to an "Employer*
apprentice, any person, firm or corporation, or
municipal, provincial or other public authority to
whom an apprentice is or is proposed to be bound in
accordance with this Act, by contract of apprentice-
ship in any designated trade;

{d) "Minister" shall mean Minister of Labour;

"Minister".

(e) "Regulations" shall mean regulations made by the J.*.Reguia-
Lieutenant-Governor in Council under the authority
of this Act;

(/) "Trade" shall include industry, trade, craft or busi- "Trade",
ness and any branch of any industry, trade, craft or
business.

3. The provisions of this Act shall apply in respect of ^jPj^'cWJ°'^
apprenticeship in any trade specified in schedule "A" of this ^^^^^s^^'®^
Act and every such trade is hereinafter referred to as a
"designated trade."

Petition to
have trade
included in
Sched. "A".

4. — (1) Upon receiving a petition signed by at least twenty-
five employers in any trade asking to have such trade added
to schedule "A" the Minister shall direct the Inspector to
inquire into the matter of the petition and the Inspector
shall thereupon make such investigation as may be deemed
necessary to determine whether or not such trade shall be
added to schedule "A.".

(a) Nothing in this section shall prevent the Minister
from directing such an investigation by the Inspector
upon his own motion.

Adding to (2) The Lieutenant-Governor in Council upon the recom-

trades.^ ^ mendation of the Minister, may from time to time add to

schedule "A" such other tiades as may be deemed expedient.

Apprentice-^ ^- — (^) ^^^ Lieutenant-Govcmor in Council may appoint
ship and an Inspector of Apprenticeship for the purpose of carrying
out the provisions of this Act and may also appoint such other
officers or clerks as may be deemed necessary or expedient.

Minister (2) The Inspector and such officers and clerks shall be

charge. under the direction and control of the Minister who shall be

charged with the administration of this Act.

Duties of
Inspector.

6. Subject to the regulations it shall be the duty of the
Inspector, —

(a) to keep a register of every contract entered into by
an apprentice;

(&) to make such examination and enquiry as may be
necessary to ascertain whether the provisions of
this Act are being complied with by both employer
and apprentice;

apprenticeship in industries;

(d) to assist in establishing a permanent system of
training of apprentices in any industry;

(«) to provide such information as may be required by
apprenticeship committees ;

(J) to collaborate with educational authorities in the
training of apprentices ;

(g) to submit a report annually to the Minister;

(h) generally to perform such other duties and exercise
such powers as may be prescribed by the Minister
for carrying out the provisions of this Act.

7. After the commencement of this Act, no person shall fo°b?fn*^
enter into any contract of apprenticeship in a designated wlth'^Act''^
trade except in accordance with the provisions of this Act.

8. — (1) A minor shall not be employed in any designated Enapioyment
trade for a longer period than three months except under a contract of
contract of apprenticeship in accordance with this Act. thFp^'^^^^^'

(2) Subsection 1 shall not apply to a minor who has already Exception.
completed the period of apprenticeship customary in the
designated trade.

9. — (1) Every contract of apprenticeship shall be in the^^o^^of
form set out in schedule "B" of this Act, except that the
Minister may upon the recommendation of an apprenticeship
committee authorize the variation of such form to suit the
special circumstances of any particular designated trade.

(2) The contract shall not be of any force or effect until Approval

11 1 r 1 1 • 1 • • ^"^^ regi-

it has been approved of by the apprenticeship committee stration o£
and the Inspector by writing endorsed thereon, and has been
registered by the Inspector in the manner prescribed by the
regulations.

(3) A contract of apprenticeship under this Act shall not "^^^P °[
be entered into for a period of less than two years.

10. Where a minor has been employed under a contract ^^^°^ ^^^^^
of apprenticeship in any designated trade prior to the date contract

of the commencement of this Act, such contract shall within commence-
three months after the said date be registered at the ofifice of
the Inspector, but such contract shall in other respects be
regarded as if this Act had not been passed.

11. Where a minor is employed as an apprentice in a Minor

, . Ill 1 1 • • employed

designated trade, but not under a contract, the provisions without
of this Act shall in relation to any unexpired period of such commence-
apprenticeship apply as from the expiry of three months ™®" ° ^ '
after the commencement of this Act and the period during
which any such minor was employed as an apprentice may,
with the approval of the apprenticeship committee, be allowed
as part of the time required to complete the full period of
apprenticeship.

12. Every contract of apprenticeship shall be signed, — to'^^o^n"/act

of appren-

(a) by the minor to be apprenticed ; ticeship.

67 ::>

(&) by the father of the minor, and if the father be dead
or legally incapable of giving consent or has
abandoned his family, then

and mother are dead or legally incapable of giving
consent, then

(d) by the guardian of the minor, if any; or

(e) if there be no parent or guardian with authority to

sign, then by the judge or junior or acting judge
of the county or district court of the county or
district in which the employer carries on business;
and

(/) by the employer.

?f ins^jector 13. — (1) The Inspector may refuse to register any con-
registration tract of apprenticeship which is not in his opinion for the
benefit of the apprentice.

Dispute ^2) Where the apprenticeship committee approves a con-

oFoontract tract of apprenticeship but the Inspector refuses to register

the same, the matter in dispute shall be referred to the

Minister whose decision shall be final.

mvf'fo'^***^" 1^' '^^^ registration of a contract of apprenticeship shall
validate not be regarded as a guarantee that all the provisions of the

contract are valid or that any provision thereof is not in

conflict with the provisions of this Act.

o'/contra*ct.'^ 1^- Subject to the approval of the Minister, a contract of
apprenticeship may be terminated by mutual agreement of
all parties thereto, or it may be cancelled by the Inspector,
provided good and sufecient reason is adduced by the em-
ployer or apprentice or his guardian, and the fact of termina-
tion or cancellation shatl be endorsed by the Inspector upon
the copy of the contract registered in his office.

o/contract. 1®' Where the terms of a contract of apprenticeship cannot
be fulfilled the Inspector may arrange for the transfer of the
apprentice to another employer but such transfer shall not
be regarded as completely effected until it has been approved
by the apprenticeship committee and registered.

Regulations. j^. The Lieutenant-Governor in Council may make
regulations, —

(a) to establish for any defined area, an apprenticeship
committee or committees to advise the Minister on

all matters connected with the conditions governing
apprenticeship in any designated trade within that
area;

(b) prescribing the powers, duties and functions of
apprenticeship committees relative to; the designa-
tion of any trade ; the period or periods of apprentice-
ship; the qualifications upon which apprenticeship
may commence in any designated trade; the standard
of education for the apprentice; the nature and
number of educational classes to be attended by the
apprentice; the course of training to be given an
apprentice in a designated trade; the number of
apprentices that may be employed by an employer
in a designated trade ; the issuance of a certificate to
an apprentice who has completed his term of service ;
fixing the hours of labour and rates of wages for
apprentices; recommending such methods of assess-
ment of employers as may be deemed necessary to
maintain a system of apprenticeship in any industry
or designated trade ;

of an apprenticeship committee, and fixing the
period of appointment and the method of designating
or appointing a chairman and other officers;

(d) governing the procedure of an apprenticeship com-
mittee at its meetings and the time and place of
such meetings ;

(e) providing for books, records and forms to be used by

an apprenticeship committee; and

(/) generally such other matters as may be necessary for
the proper carrying out of the provisions of this Act.

18. The Minister may assign an officer in his Department secretary^ to
to act as secretary to an apprenticeship committee.

19. Such courses of part or full time instruction in a school, Part tim«
collegiate or other educational institution as may be regulation under
under this Act be prescribed for the training of an apprentice co^^333\'nd
shall conform to the provisions of The Adolescent School^^*-
Attendance Act and The Vocational Education Act.

20. The members of an apprenticeship committee shall ^ommittee^
serve without remuneration but the Lieutenant-Governor in
Council may fix an allowance to be payable to such members

on their attendance at meetings and in transacting the

business of apprenticeship committees, and all reasonable and
necessary travelling and living expenses and all other expenses
incurred by it in carrying out the provisions of this Act shall,
when approved by the Minister, be payable out of such sums
as may from time to time be appropriated by the Legislature
for that purpose.

Offences 21. Every person who, after the commencement of this

and penalties \ .

(a) enters into a contract of apprenticeship in respect to

any designated trade except in accordance with the
provisions of this Act; or

(b) except as expressly provided by this Act employs any
; minor in a designated trade; or

regulation made thereunder.

shall incur a penalty of not less than $10 nor more than $100
to be recovered on summary conviction before a police
magistrate.

Commence- 22. This Act shall come into force on the day upon which
^^ ' it receives the Royal assent.

-7
SCHEDULE "A"

Designated Trades.

Building Trades including (a) Bricklayer

(b) Mason

(d) Painter and Decorator

(e) Plasterer.

67 I

SCHEDULE "B"

Form of Contract of Apprenticbship

This Contract of Apprenticeship made and entered into the

day of 19

between

(hereinafter called the Employer) of the first part, and

a minor of the age of years, having

been born on the day of 19 (herein-
after called the Apprentice) of the second part, and

(insert name of parent or guardian or judge) of the

third part,

WITNESSETH:

1. That the party of the second part having been found medically
fit, does of his own free will and with the consent of the party of the third
part by these presents agree: —

(a) To bind himself as an Apprentice to the said Employer in the
trade or occupation of

for a period of years

commencing on the day of 19 ... .

(b) To serve faithfully, honestly and diligently the Employer and to
obey all lawful and reasonable demands and requirements of the
Employer or those duly placed in authority over him.

(d) Not to be interested directly or indirectly, either as a paid agent
or servant, in any business or undertaking other than that of the
Employer.

(e) To attend, in accordance with the requirements of the Minister,
such classes as may be decided upon by him for the purpose of
receiving technical or other education.

2.' That the Employer does by these presents agree: —

(a) To bind himself to receive the said Apprentice for the period
stated and to teach efficiently or cause to be taught efficiently the
said Apprentice in the trade or occupation specified.

(b) To refund to the said Apprentice the reasonable class fees expended
on technical instruction where free instruction is not available,
provided that the Apprentice has made not less than seventy-five
per centum of the full number of prescribed attendances at the
technical course, and provided that the principal of the technical
institution has reported that satisfactory diligence has been
shown by the Apprentice.

For the fij-st year the sum of $ per .

For the second year the sum of $ per .

For the third year the sum of $ per.

For the fourth year the sum of $ per .

For the fifth or any subsequent year the sum of $ per .

or at such other rates as may be decided upon from time to time
by the Minister.

(d) To furnish annually a report on the progress and conduct of the
Apprentice to the apprenticeship committee.

(e) To endorse and sign this contract on completion of the period of
apprenticeship and to hand it over to the Apprentice as his
property.

3. That it is further agreed between the parties to this contract that: —

(a) This contract may with the mutual consent of all parties be
transferred to another Employer in the same trade, provided that
the Employer or the Apprentice shows cause why he should not
complete the contract, and provided that the Inspector assents
to such transfer, and such transfer shall be eflfected by endorse-
ment thereof on this contract signed by the parties thereto and
endorsed on the copy of this contract filed in the office of regi-
stration, and upon such transfer taking place all parties thereto
shall be bound by all the terms of this contract for the unexpired
portion thereof.

(b) If the Employer has good grounds for belief that the Apprentice
has committed a serious breach of the terms of this contract or
that the Apprentice has or is conducting himself in an unseemly
manner and contrary to good discipline, he may forthwith suspend
the Apprentice and shall immediately report the matter to the
Minister to be dealt with under the Act.

(c) If the Employer shall commit any serious breach of the terms of
this contract the Apprentice may with the consent of the party of
the third part report the matter to the Minister to be dealt with
under the Act.

(d) The Minister shall be notified by both parties to this contract in
the event of any alteration to the contract such as provided for in
the last four preceding paragraphs.

In Witness Whereof the contracting parties hereto have hereunder
set their hands the day and year aforesaid.

As Witnesses:

Employer

2'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.

Parent or Guardian

2 •

Apprentice

Registered at the office of the Inspector of Apprenticeship this
day of 19

Inspector of Apprenticeship

To be filled in if Apprentice transfers to another Employer.

With the consent of all the parties to this contract the services of the
Apprentice and the responsibilities of the Employer are hereby transferred
to this day of 19 ... .

As Witnesses:

Employer

Parent or Guardian

Apprentice

Rbgistebbd at the office of the Inspector of Apprenticeship this
day of 19

To be filled in on completion of the term of apprenticeship under this contract.

This is to certify that the within-named

_ has completed his apprenticeship

under this contract, this day of 19. . . .

Employer

o
d

*T1

■t

cr
•-1

1-4

>'2

>o f^

h- '

^
§
^

3 or?

l-H

r
r

S =^

0^5

■*

S '^

• H

raining of

tsJ

C/5

O
3

O 3

r-K

t-*

<§.

1— ' •

crq

No. 68.

1928.

BILL

An Act to provide for the Extension of University
Avenue in the City of Toronto.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The University Avenue Extension Short title.
Act, 1928.

2. — (1) The corporation of the city of Toronto may Extension

J ^ 1 1 • r TT • -A r • of Uni-

undertake the extension ot University Avenue from its present versity
southerly terminus at Queen Street southerly or southeasterly authorized,
to Fleet Street or at any point between Queen Street and
Fleet Street in the city of Toronto and for that purpose the
council of the said corporation may by by-law acquire and
expropriate the land required for such extension and any
other land within two hundred feet of either side of such
extension so as to provide the said corporation with land on
each side of such extension to a depth of not less than one
hundred and fifty feet.

(a) Provided that upon being satisfied that a less depth
than one hundred and fifty feet will answer the
purpose of the corporation and provide a suitable
frontage, the Ontario Railway and Municipal Board
may approve of the acquiring or taking of a lesser
depth than one hundred and fifty feet in any par-
ticular case.

(2) The provisions of section 343 of The Municipal ylc/ Application
shall apply to a work undertaken under the provisions of stat.^c! 233,
subsection 1 to the same extent, as nearly as may be, as"' ^'*^'
they apply to the widening of a highway under the provisions
of The Municipal Act except that in the case of any work Exception,
undertaken under the provisions of this Act any land acquired
or expropriated by the said corporation for said work shall
continue, until possession of same is actually given to the
corporation, to be subject to taxation as if it had not been so
acquired or expropriated, and except also that if the said

council shall before the 1st day of January, 1930, pass a
by-law under the provisions of subsection 1 of this section,
the value of the land acquired or expropriated for the work,
as defined in subsection 10 of the said section 343, shall
for the purpose of determining the compensation payable
therefor be fixed as of the date of the passing of this Act.

j^^ej)^enture8, (3) The council of the corporation of the city of Toronto
may from time to time, without the assent of the electors,
pass by-laws to provide for the issue of debentures to the
amount necessary to provide the cost of any work undertaken
under the provisions of this Act bearing such rate of interest
and payable in such manner and on such terms as may be
approved by the Ontario Railway and Municipal Board.

How
payable.

Sale of
new front-
ages on
extension of
University-
Avenue.

Validity
of by-law.

Carrying

extension

over or

under

railway

tracks.

(4) The amount required to meet payments falling due
from time to time on any debentures issued under this section,
or interest thereon, shall be raised, levied and collected
annually by a general special rate on all the rateable property
in the city of Toronto and the debentures authorized to be
issued by this Act shall not be included as part of the debt of
the said corporation in estimating its borrowing powers.

(5) Upon University Avenue being extended under the
provisions of this Act the lands acquired by the said corpora-
tion on either side of University Avenue as so extended shall
be sold, leased or otherwise disposed of by the vSaid corporation
upon such terms and conditions as may be fixed by by-law
of the council of the said corporation with the approval of the
Ontario Railway and Municipal Board and of the Lieutenant-
Governor in Council, and all purchase moneys and rentals
received for such lands shall be paid into the general funds
of the corporation.

(6) Whenever a by-law passed under this section has been
approved as hereinbefore provided the by-la a- and any
debentures issued or agreement entered into under the
same shall be legal, valid and binding to all intents and
purposes and shall not be open to question in any action or
other proceeding upon any ground whatsoever.

3, Subject to the provisions of The Dominion Railway Act
the council of the said corporation may by by-law provide
for carrying such extension of University Avenue over or
under the tracks of any railway or of any electric or street
railway by viaducts, bridges or subways and the said corpora-
tion may enter into agreements for any such purpose with
any commission, company or other body having control of
the railway, street railway or electric railway and any cost
incurred by the said corporation in carrying out the provisions

of any such by-law or agreement shall be deemed to be part
of the cost of the extension of University Avenue for the
purposes of this Act.

4. The council of the said corporation may from time to j^^^^l^**'^^

time pass by-laws, — and street

^ ^ ' traffic.

(a) for fixing the distance from the street line at which
buildings may be erected on either side of University
Avenue as so extended, the materials to be used in,'
and the height and character of such buildings and
the purposes for which the same may be erected or
used, and for prohibiting the erection or use of any
building contrary to the provisions of such by-law.

(b) for regulating the traffic upon University Avenue as

so extended and for prohibiting the use of same or
any part of same by any designated class of vehicles,
and for defining the days upon which, or the hours
during which the said street may be used by any
designated class of vehicles.

6. The council of the corporation of the city of Toronto Agreement

*^ . , . . for removal

may enter mto an agreement with any commission or company of tracks
operating any street railway or electric railway for the removal
of its tracks, rails, wires, poles and other works from any
street in the city of Toronto on such terms and conditions as
may be deemed proper, but no such agreement shall have any
force or effect until the same is approved by the Ontario
Railway and Municipal Board.

6. The council of the corporation of the city of Toronto Removal of
may by by-law provide for the removal of the tracks, rails, from '
wires, poles and other works of anysuch commission orcompany to Oueen'lf
from any street giving access to Queen's Park or intersecting^^ •
University Avenue, or for carrying the rails or other works
of any such commission or company over or under any such
street by bridges, viaducts or subways and the by-law may
prescribe the terms upon which any such renewal or alteration
shall be made or any such bridge, viaduct or subway con-
structed, but no such by-law shall come into force or take
eflfect until the same has been approved by the Ontario
Railway and Municipal Board.

T. This Act shall come into force on the day upon which commence-

1 1-. 1 A 're • t ment and

It receives the Royal Assent and shall have eltect notwith- effect of Act.
standing any by-law or agreement heretofore entered into
notwithstanding anything contained in any general or special
Act heretofore passed.

H
n

S "tS

B n.

n p

"'■' f»

go.

o o*

en vj

rt ^

Pi-

-t

l\J

^
g

■*

OK,

•—^

•s>.
0^

>•

/-^

!-«->

■-1

-1

<T)

— ■

'-'

rt)

R- CO

^ "^

No. 69.

1928.

BILL

An Act to amend The Mining Act, 1927.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Mining Act, 1928. short title.

2. Section 3 of The Mining Act is amended by adding ^®4'5,^s*.^2;
thereto the following subsection : amended.

(2) Notwithstanding anything contained in this Act, Saving as to
applicants for mining lands who had prior to the for mining
14th day of May, 1906, complied with the provisions p^r^or t'o^i/th
of chapter 36 of the Revised Statutes, 1897, or^^y-^^^^'
regulations thereunder respecting applications for
such lands, and whose applications were pending
before the Department on such date, may be granted
title to the same under this Act without staking
them out as a mining claim or mining claims, and
subject to such conditions as regards the quantity
of land or performance of work as the Minister
may deem proper.

3. Subsection 1 of section 3 of The Mining Act of Ontario, Rev. stat.
being chapter 32 of the Revised Statutes of Ontario, 1914, s. 3, Wbs. i,
which subsection was excepted from repeal by The Mining^^^^^^^'^'
Act, 1927, is repealed.

4. This Act shall come into force on the day upon which Commence-

, _. , . ment of Aot.

it receives the Royal Assent.

■i

er
n

S na

» 2.

op 3

» f?

S^-

^25

o a*

••

O
O

<-t

(->■

t\i

■-1

I-*

■-1

J:a

1— '

S-

<-+

Orq

1—'

crq

>
n

1— »

■o

O 3

rt-

No. 70.

1928.

BILL

An Act to amend The Natural Gas Conservation

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontarid;
enacts as follows:

1. This Act may be cited as The Natural Gas Act, 1928. short title.

2. Section 2 of The Natural Gas Conservation Act is amended Rev. stat.
by adding thereto the following subsection: amended.'

(2) Where a mixture of natural gas and artificial gas is Mixture of

, . ,. , . • • !• J natural and

being supplied to consumers in a municipality, and artificial gas.

the person supplying the same and the council of

the municipality so request in writing, the Minister

may by notice published in the Ontario Gazette

declare that "natural gas produced in Ontario"

and "natural gas" shall include for the purposes of

this Act such mixture of natural gas and artificial

gas.

3. This Act shall come into force on the day upon which ment"cff"A^ct.
it receives the Royal Assent.

H
n

3
>

m O

o
c

A.
a

3 ^

'" 11-1

3 03

2
p

No. 71,

1928.

BILL

An Act to amend The Trustee Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 1 of section 26 of The Trustee Act is amended ^T50^'^s.*'26
by striking out the words "or in securities which are a first |^|^^|^
charge on land held in fee simple in Ontario, Manitoba,
Saskatchewan, Alberta or British Columbia," in the fifteenth

and sixteenth lines and inserting in lieu thereof the words
"or in securities which are a first charge on land held in fee
simple in any Province of the Dominion of Canada."

2. This Act shall come into force on the dav upon which Commenoe-

, _, , . ' ment of Act..

It receives the Royal Assent.

H
tr
n

3' 2. ?d

H
O

Pi-

cr
•-t

I-'

ft>

rr
rc

o C

C 3

No. 72.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 252 of The Municipal Act is repealed and the^®^- ^***
following substituted therefor:

C. 233, s. 252,
repealed.

252. — (1) Every qualified person elected to any muni- Declaration
cipal office shall take the declaration of office, where °
he is elected to fill a vacancy, within ten days after his
election, and in other cases on or before the day ,

fixed for holding the first meeting of the body to
which he was elected, and in default he shall be
deemed to have resigned.

(2) All persons elected at the annual elections for 1928
who failed to take the declaration of office within
twenty days after their election but who did take it
on or before the day fixed for holding the first
meeting of the body to which they were elected,
shall be deemed to have taken such declaration
within the prescribed time.

(a) This subsection shall not apply when a new
election has been held in consequence of such
failure or in consequence of any such person
having resigned.

2. This Act shall come into force on the day upon which SentTf^Act.
it receives the Royal Assent.

-t

<n^

to*

rt-

fT>

t\i

•-1

1— I

«o

■-t

^>».

^
§

*<:

<s>.

o
p
3

a
H

>
n

)-^
r
r

I-*

3 -

■

No. 73. 1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The Municipal Act is amended by adding thereto the J^J'sa®*^*"

following section : . amended.

345a. The arbitreitor may allow interest on the com- interest on
pensation at the rate of
from a dav fixed bv him.

, c r compen-

pensation at the rate ot hve per centum per annum sation.

H
3 2.!^

"r1
a*

3
>

No. 74. 1928.

BILL

An Act respecting the Licensing of Hawkers, Pedlars
and Transient Traders.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 422 of The Municipal Act, is repealed and the Rev. stat.,
following substitued therefor: repealed.

422. By-laws may be passed by the councils of counties and
towns in unorganized territory having a population of
not less than 2,000, and of separated towns, and of
cities having a population of less than 100,000, and by
the Board of Commissioners of Police of cities having
a population of not less than 100,000.

Hawkers and Pedlars.

1. For licensing, regulating and governing hawkers, ^^^^1^*

pedlars and petty chapmen, and other persons petty

. f 1 c 1 chapmen,

carrymg on petty trades, or who go from place toeto.

place or to other men's houses on foot, or with an
animal, vehicle, boat, vessel or other craft, bearing,
drawing or otherwise carrying goods, wares or
merchandise, for sale, or who go from place to place
or to other men's houses to take orders for any
goods, wares or merchandise to be delivered after-
wards, and for requiring them to pay a license fee
before commencing business, —

{a) "goods" shall include wares and merchandise;

{h) "selling" shall include hawking, peddling and
taking orders for goods to be delivered after-
wards;

{c) the fee to be paid for the license shall not
exceed the following scale but the by-law
may provide in the case of "residents," that
is, persons who have resided continuously in

the municipality for at least one year prior
to the application for a license that the fee
shall be one-half of that fixed by the by-law, —

Other
Towns Municipalities
For a two-horse waggon
or a motor vehicle
of over ]4. ton
capacity, or a boat,
vessel or other craft.. $50 $100

For a one-horse waggon
or a motor vehicle
of 3^2 ton capacity
or less $25 $50

For a pushcart $10 $20

For a person travelling
on foot carrying a
pack or basket or
otherwise carrying
goods for sale $10 $15

For a person going from
place to place or to
other men's houses
to take orders for
goods, to be de-
livered afterwards.. $10 $15

S-ilw not {d) The by-law shall not apply to the selling of,—

to apply.

i. goods to a wholesale merchant or except as
provided by paragraph 2 to a retail
merchant;

a. goods which are the manufacture of
Ontario, if the same are sold by the
individual who manufactured them;

in. goods by a retail merchant occupying
premises other than his residence, in the
municipality for the purpose of his
business who goes around to take orders
for goods forming part of his stock in
trade; •

iv. goods by a farmer, market gardener or
nurseryman which are the growth or

produce of his farm, market garden or
nursery in Ontario if the same are sold
by him or by his bona fide servants or
employees, having written authority to
do so, which authority shall be carried
by such servant, or employee and exhibited
when required by any municipal or peace
officer;

V. goods to a farmer, market gardener, nur-
seryman or person assessed in respect of
business in the municipality, which are
required by such farmer, market gardener,
nurseryman or person in carrying on and
promoting his business and are not
intended for re-sale ;

vi. goods classed as newspapers, magazines,
medical and scientific books, pianos,
organs, sewing machines and motor
vehicles.

{e) The licensee shall at all times while carrying on License to be
his business have his license with him, and demand,
shall upon demand, exhibit it to any muni-
cipal or peace officer, or to any person to whom
he is offering goods for sale, and if he fails to
do so shall, unless the same is accounted for
satisfactorily, incur a penalty of not less than
$1 or more than $10 and in a prosecution for
a breach of the by-law the onus of proving
that he does not for any of the reasons
mentioned in clause d require to be licensed,
shall be upon the person charged.

(/) If a municipal or peace officer demands the|*^"^®r^*o ^^^^
production of a license by any person to producing,
whom the by-law applies and the demand is
not complied with, it shall be the duty of
the peace officer, and he shall have power to
arrest such person without a warrant and
take him before the nearest justice of the
peace, there to be dealt with according to law.

is) Everv applicant for a hawker's or pedlar's Application
license shall as part of his application tor contain
such license furnish a statement in writing information,
containing a full description of the kind of
goods which he proposes to sell or offer for
sale under such license.

Licensing,
eto., dealera
In fruits,
etc., not the
growth of
Ontario.

2. For licensing, regulating and governing persons, not
being wholesale merchants or farmers residing in
Ontario who go from place to place or to a particular
place to make sales or deliveries of fruits and garden
produce to a retail dealer, —

(a) The fee to be paid for the license shall not
exceed $150.

(b) The provisions of clauses d, e, f and g shall

apply to any by-law passed under this
paragraph.

Prohibiting
sale of fruit,
etc., on
highways.

3. For prohibiting the sale of fruit, candy, peanuts, ice
cream or ice cream cones from a basket or a waggon,
cart or other vehicle upon any highway or part of
it, or in any public park or other public place.

Not to apply
to certain
persons.

(a) The by-law shall not apply to a farmer,
market gardener or other person selling or
delivering goods of his own production at
any place of business or residence upon such
highway or part thereof.

Rev. Stat., 2. Paragraphs 5 and 6 of section 429 of The Municipal Act,

pars. 5 and 6 ; are repealed and the following substituted therefor:
repealed.

Licensing,
etc., tran-
sient traders.

"Transient
traders,"
what to
include.

Transient Traders.

6. For licensing, regulating and governing transient
traders and for requiring them to pay a license fee
before commencing business, —

{a) "Transient traders" shall include any person
occupying premises for the purpose of offering
any goods, wares or merchandise for sale,
at retail, for present or future delivery by
auction, by sample, or otherwise, who has not
resided continuously in the municipality for
at least three months next preceding the time
of his commencing such business therein and
whose name is not entered on the assessment
roll in respect of business or income assessment
for the current year.

stock of
insolvent.

(b) The by-law shall not apply to the sale of the
stock of an insolvent which is being sold or
disposed of within the municipality in which
he carried on business and whose name is on
the assessment roll as provided in clause a,

at the time of the issue of an attachment or
of the execution of an assignment or at the
time of his becoming bankrupt within the
meaning of The Bankruptcy Act, provided
that no additional stock or merchandise is
added to the inventory other than that
included at the time of issue of the attach-
ment or of the execution of the assignment,
or to the sale of a business to a bona fide
purchaser who continues the same.

(c) The fee to be paid for the license shall be not Fees,
less than in a city or town $250, in a village
in unorganized territory $200, and in other
villages and in townships $100.

(d) The sum paid for a license shall be credited credit of
^ . _ . . r fees on taxes,

to the person paymg it on account of taxes

thereafter payable by him.

{e) Every person not being a holder of a transient Penalty for
trader's license issued under this Act who under this
carries on business in any municipality as a
transient trader, shall be guilty of an offence
and shall incur a penalty equal to the license
fee which he should have paid and in addition
thereto the sum of not less than $10 and not
more than $200. .

(f) Every person who being the holder of a License to
• 1 » 1- I 11 ^1 be displayed

transient trader s license shall cause the same and penalty.

to be prominently and permanently displayed

in his place of business during the full term in

which he is carrying on business as a transient

trader and any omission so to do shall incur

a penalty of not less than $1 or more than

{g) Every applicant for a transient trader's Application
license shall as part of his application for to'^oon tain
such license furnish a statement in writing f®J^**j^ation.
containing a full description of the goods,
wares or merchandise which he proposes to
sell or offer for sale under such license.

^. 13

3 2.

go-

:z:

o cr

en «<;

^s)

cr
i-t

■-1

I-*
zr

1— >■
00

o^a

x =

p >

^ o

?r ^

2 -I

i^l

■1

C^ C

sr 3

tl CfQ

rt)

S ?^

Q-

nr:

r* o

P fT>

3 3

2 iM

2' 5'

3 crq

S: C-. 03

•t

(-»•

»»

(T>

-t

--"

.1-

C
-1
ft

No. 75. 1928.

BILL

An Act to amend The Bulk Sales Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Clause (6) of section 1 of The Bulk Sales Act is amended Rev. stat.,
by -striking out the words "stock in trade" in the third lined. {b)\ ' '
and substituting therefor the word "stock." amended.

2. Clause (d) of section 1 of The Bulk Sales Act is amended ?'®7c^^*^*:'
by striking out the words "the Senior Judge of the County <^'- (<*).
Court of the county in which the vendor resides" in the last

two lines and substituting therefor the words "the Judge."

3. Section 9 of The Bulk Sales Act is amended bv striking Rev stat.,

c. 167, 8 9

out the words "the Senior Judge" in the second line and amended. '
substituting therefor the words "the Judge."

3
>

o .q"

t\J

■n

£:

r-f

<s».

D-

,_k

0^5

rc
3
CL

?r
m

1 _

No. 75.

1928

BILL

An Act to amend The Bulk Sales Act.

HIS MAJFvSTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Clause (b) of section 1 of The Bulk Sales Act is amended Rev. stat.,
by striking out the words "owner's stock in trade" in the third ci. (b)'. ' '
line and substituting therefor the words "vendor's stock." amended.

2. Clause (d) of section 1 of The Bulk Sales Act is amended ^^/er,^*^*;-

C Id / , S. 1,

by striking out the words "the Senior Judge of the County ci. (d).
Court of the county in which the vendor resides" in the last
two lines and substituting therefor the words "the Judge."

3. Section 9 of The Bulk Sales Act is amended by striking ReVcT^***"'
out the words "the senior judge of the county court of the amended. '
county in which the vendor resides" in the second and third

lines and substituting therefor the words "the Judge."

•D

■-t^

en"

^7*

*-*

«»

p— '

H- »

C*i

ft.

?5-

c-r

D-

<s>.

r».

§■

O^a

h- '
00

0^3

OK)

H r

crq
ft

No. 76.

1928.

BILL

An Act to amend The Local Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. — (1) Subsection 3 of section 26 of The Local Improvement Rev. stat.

. C 235 8 26

Act is amended by adding at the end thereof the following siibs. 3,'
words: "or where no by-law has been passed under subsection 1 ^"^^^ ^^■
that the corporation shall assume a stated part of the owners'
portion of the cost of any certain named work of any one of
the classes set out in subsection L"

(2) Subsection 1 shall be read and construed as if it had Amendment
been enacted on the 5th day of April, 1927.

•^

w- C/5

3
a>

ession, 1

Ont

8 Georgi

-1

>5^

0^5

•Si,

(-1-
Ni

2. <T>

• r

o
o

1— (

B
o

r
r

7th Legislature,

ario.

e V, 1928.

No. 77.

1928.

BILL

An Act to amend The Public Health Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Public Health Act, 1928.^^''''^ ""«•

2. 2^ he Public Health Act is amended by adding thereto the
following section :

97a. — (1) The municipal council of a city having a^®j62^*^*'
population of not less than 100,000 may with the ^"'®"'^®'^-
approval of the Ontario Railway and Municipal jggyjng
Board provide by by-law for the issue of debentures debentures

, , r • . . . to defray

tor the purpose of raismg money to procure mvestiga- expenses of
tions and reports as to the method of sewage treat- Ls^to sewage
ment and disposal best suited to meet the nee'ds of ^^^p°^*^-
the municipality.

(2) It shall not be necessary to procure the assent of Assent of

, , 11 1 electors not

the electors to any by-law passed pursuant to required,
subsection 1.

(3) Instead of making a separate issue of debentures to
defray the expenses of such investigation and report,
the council may provide that such expenses shall be
included in the cost of the work and be paid out of
the proceeds of any debentures issued therefor.

3. This Act shall come into force on the day upon which ment"oTA*ot.
it receives the Royal Assent.

0^a

vO
to

a
H

No. 78. 1928.

BILL

An Act to amend The Mothers' Allowances Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Mothers' Allowances Act, Short title.
1928.

2. The clause lettered (b) in subsection 1 of section 2 of ^Yso^^s^V.
The Mothers' Allowances Act is amended by striking out the^J'^^^^^i'
word "Canada" in the first line, and inserting in lieu amended.
thereof the word "Ontario," and by striking out the word Residence in
"three" in the fourth line and inserting in lieu thereof required,
the word "two."

3. The clause lettered (c) in subsection 1 of section 3 ofanie'nded'
The Mothers' Allowances Act is amended by striking out all

the words after the word "allowance" in the second line thereof.

4. This Act shall come into force on the day upon which it ment"oTAa.
receives the Royal Assent.

3-
ft

^.^

3 n.

cr? o

<»'f?

o cr

•-t

-< >a

«i

_k cr»

o fti

<s>.

r a

0^5

o^>

^•^

!3*

<T)

•-1
C/}

1—'

"-I

org

S3 •>

I r

O*"

■|

No. 79.

1928.

BILL

An Act to amend The Succession Duty Act.

HIS MAJESTY, by and with the advice and consent of
the- Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Succession Duty Act, 1928. «hort title.

2. Section 10 of The Succession Duty Act is amended by ^®2e/l^.'^io,
adding thereto the following subsection :

amended.

(3) The tax imposed by this Act in respect of personal Reciprocity
property (except tangible personal property having of intangible
* an actual situs in Ontario) shall not be payable ^roperfy.
(a) if the transferor at the time of his death was a
resident of a Province of Canada, or of a State or
territory of the United States, or of any foreign
country which at the time of his death did not
impose a transfer tax, death tax or succession duty
of any character in respect of personal property of
residents of Ontario (except tangible personal
property having an actual situs in such Province,
State or territory or foreign country) or (&) if the
laws of the Province, State or territory or country
of residence of the transferor at the time of his
death contained a reciprocal exemption provision
under which non-residents were exempted from
transfer taxes, succession duties or death taxes of
every character in respect of personal property
(except tangible personal property having an actual
situs therein), provided the Province, State or
territory or country of residence of such non-
residents allowed a similar exemption to residents of
the Province, State, territory or country of residence
of such transferor, and for the purposes of this section.

(a) The District of Columbia and possessions of
the United States shall be considered terri-
tories of the United States, and any tax
imposed under The United States Revenue
Act shall not be considered a transfer tax.

death tcix or succession duty in respect of
personal property of residents of Ontario;

(6) The terms "foreign country" and "country"
shall mean both any foreign country and any
political subdivision thereof, and either of
them, of which the transferor was domiciled
therein at the time of his death, and intang-
ible personal property shall mean incorporeal
property, including money, deposits in
banks, mortgages, debts, receivables, shares
of stock, bonds, notes, credits, evidences of
any interest in property and evidences of
debt, and all other personal property shall
be considered as tangible personal property .

Rev. Stat.,
c. 26, 8. 11,

amended. amended by adding at the end thereof the following words:

3. Subsection 2 of section 11 of The Succession Duty Act is

Exception as
to prohibi-
tion of
transfer of
property
before pay-
ment of
duty.

Rev. Stat.,
o. 26, s. 16,
Kubs. 1,
amended.

Time within
which duty
payable.

Rev. Stat.,
c. 26, s. 16,
subs. 2,
amended.

Rev. Stat.,
c. 26, s. 17,
subs. 1,
amended.

Payment of
duty on
interest in
expectancy.

Rev. Stat.,
c. 26, s. 17,
subs. 3,
amended.

When

payment to
be made.

Rev. Stat.,
c. 26, s. 17,
subs. 4,
amended.

Where no

person

immediately

beneflcially

entitled.

"But this shall not apply to any payment of insurance
money by an insurance corporation, made with the
approval of the Treasurer, to a beneficiary under a
contract of life insurance where the total amount so
paid to such beneficiary by such insurance corpora-
tion and any other insurance corporation does not
exceed in the whole $1,000."

4. Subsection 1 of section 16 of The Succession Duty Act is
amended by striking out the words "eighteen months" where
they occur in the third line and substituting therefor the
words "one year" and by striking out the word "five" where
it occurs in the sixth line and substituting therefor the word
"six."

5. Subsection 2 of section 16 of The Succession Duty Act is
amended by striking out the words "eighteen months" where
they occur in the eighth line and substituting therefor the
words "one year."

6. Subsection 1 of section 17 of The Succession Duty Act is
amended by striking out the words "eighteen months" where
they occur in the third line thereof and substituting therefor
the words "one year."

T. Subsection 3 of section 17 of The Succession Duty Act is
amended by striking out the word "five" where it occurs in
the seventh line and substituting therefor the word "six."

8. Subsection 4 of section 17 of The Succession Duty Act is
amended by striking out the words "eighteen months" where
they occur in the eighth line thereof and substituting therefor
the words "one year."

Rev. Stat.,
o. 26, s. 18,

9. Section 18 of The Succession Duty Act is amended by^J^ended.
striking out the word "five" where it appears in the ninth line interest on
thereof and substituting therefor the word "six." duty.

10. This Act shall come into force on the day upon which ment"oTAl)t.
it receives the Royal Assent.

.1-:.. 4

►n

7Q^

W)"*

ON*

t\i

^»

?i.

•-t

«H.

I— »

o.>

»5

1— »

Pi-
r^

3
ft)

13*

C/3

c
o
o
a>

o
D

No. 80. 1928.

BILL

An Act respecting Lac Seul Storage.

WHEREAS the Crown in the right of the Province of
Ontario is the owner of lands under and bordering on
Lac Seul in the district of Kenora, and also of certain un-
developed water powers on the English River from Lac Seul
westerly to the Manitoba boundary; and whereas the Crown
in the right of the Dominion of Canada is the owner of certain
water powers on the Winnipeg River in the Province of
Manitoba, and has represented that all the said powers both
on the English River in Ontario and on the Winnipeg River
in Manitoba would be greatly benefitted and increased by the
construction of a conservation dam at or near Lower Ear
Falls at the western end of Lac Seul ; and whereas an agree-
ment has been arrived at between the Dominion Government,
the Government of the Province of Manitoba and the Govern-
ment of the Province of Ontario for the construction of the
said conservation dam on the terms set out in the said agree-
ment, and it is desirable to authorize and confirm the said
agreement ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

1. This Act may be cited as The Lac Seul Conseroation^^^^rxune.
Act, 1928.

2. The agreement set out in full in schedule "A" hereto agTeemenV^
may be executed by the Minister of Lands and Forests on ]^q,^j,^jq„
behalf of the Government of the Province of Ontario, and oovemment.
upon such execution by the Government of the Dominion of
Canada and the repeal of The Lake of the Woods Regulation

Act, 1921, being chapter .18 of 11-12 George V (Canada), by
the Parliament of Canada, such agreement shall be valid
and binding on the Province of Ontario.

3. This Act shall come into force on a day to be named Prociama-
by the Lieutenant-Governor, bv his proclamation.

SCHEDULE "A"

Agreement made this clay of February, A.D. 1928.

Between:

The Government of the Dominion of Canada, herein
represented by the Honourable Charles Stewart, Minister
of Interior for the said Dominion of Canada, hereinafter
referred to as "Canada,"

of the first part,

The Government of the Province of Ontario,
herein represented by the Honourable William Finlayson,
Minister of Lands and Forests for the said Province of
Ontario, hereinafter referred to as "Ontario,"

of the second part,
—and —

The Government of the Province of Manitoba,
lierein represented by the Honourable John Bracken,
Prime Minister of the Province of Manitoba, hereinafter
referred to as " Manitoba,"

of the third part.

Whereas the Crown in the right of tlie Province of Ontario is the
owner of the lands under and bordering on Lac Seul in the District of
Kenora in the Province of Ontario and also of all ungranted lands under
and bordering on the rivers and waters flowing into and out of said lake
in the Province of Ontario, and the water powers and water power sites
connected therewith ;

And whereas the Crown in the right of the Dominion of Canada is
the owner of all ungranted lands under the waters of the Winnipeg River
in the Province of Manitoba and the water powers and water power sites
connected therewith and has leased certain of such power sites to com-
panies and others who have developed the same in whole or in part;

And whereas there are a number of water powers and water power
sites at the outlet of Lac Seul and upon the English and Winnipeg Rivers
between that lake and the Provincial Boundary between the Prov'inces of
Ontario and Manitoba, all of which powers are vested in the Crown in
the right of the Province of Ontario and none of which has as yet been
developed;

And whereas it is desirable to construct a regulating dam at Lower Ear
Falls at the outlet of Lac Seul for the purpose of increasing the capacity of
the power plants already erected and that may hereafter be erected on the
Winnipeg River in the Province of Manitoba;

And whereas the erection of a dam at Lower Ear Falls will facilitate
the development of power at that point, and be of advantage in the develop-
ment of power at other power sites on the waters flowing out of Lac Seul
between Lower Ear Falls and said Provincial Boundary;

And whereas Canada has requested Ontario to erect a dam at the
location and for the purposes aforesaid, and has offered to contribute
towards the cost of the construction and maintenance of the same, and
Ontario has agreed so to do subject to the terms, stipulations, conditions
and reservations hereinafter contained;

Now therefore this Agreement witnesseth :

L In this agreement unless there is something in the context or subject
inconsistent therewith the expressions following shall have the following
meanings, namely:

'^Capital Cost" shall mean and include:

(a) The cost of all works of every character and kind whatsoever in
connection with the construction of said dam;

(6) The cost of acquiring flooding privileges or other necessary ease-
ments;

(c) Compensation for timber, buildings and improvements, including
Ontario Crown Lands, Indian Lands and lands owned by private in-
dividuals taken or in any way injuriously affected in connection with the
proposed work;

(d) Cost of surveys and all engineering work connected with the
undertaking;

(e) Cost of providing means of communication by telephone or other-
wise with said dam;

(/) Cost of providing the necessary transportation facilities required
for the construction, maintenance and operation of said dam;

(g) Cost of the necessary houses and buildings required for those
employed in the care and operation of said dam;

(h) Cost of equipment for operating and repairing said dam;

(t) Interest during construction ;

(j) The sum of $60,000.00 in respect of flooding Pelican Falls in
Ontario;

(k) All other costs and expenses of every character and kind whatso-
ever, whether similar to or different from those above enumerated that
may properly be incurred in the construction of said work that are usually
or may properly be considered capital.

"Cost of Maintenance" shall mean and include all cost and expenses
necessary to keep said dam and appurtenances thereto in good repair and
condition and fit for the purposes of a control or regulating dam.

"Cost of Operation" shall mean and include salaries and wages of men
in charge of said dam and all costs and all expenses in connection with the
operation thereof and the control of the water passing through or over
the same, including such remuneration as may be paid or provided for
the members of the Board of Control hereinafter mentioned.

" Provincial Boundary" shall mean the boundary between the Provinces
of Ontario and Manitoba.

" Concurrent Legislation" shall mean the Act of tl.e Dominion of Canada
known as "The Lake of the Woods Control Board Act, 1921," being
Chapter 10 of 11-12 George V, and the Act of the Province of Ontario,
known as "The Lake of the Woods Control Board Act, 1922," being
Chapter 21 of 12 George V.

"Engineer" shall mean an engineer or engineers appointed by the
Province of Ontario.

"Said Waters" shall mean waters in the Province of Ontario flowing
out of Lac Seul, between and including Lower Ear Falls and the Provincial
Boundary.

2. Ontario shall construct a dam for the purposes of conservation,
regulation and power at Lower Ear Falls at the outlet of Lac Seul on
lands owned by the Crown in the right of the Province of Ontario which
said dam shall be absolutely owned, controlled and operated by Ontario
and neitlier of tlie other parties hereto shall have any ownership in, title
to or authority or control over it.

3. The said dam shall be of concrete construction with proper stop

logs or other control and so designed as to permit a storage range in Lac
Seul of approximately twelve feet or such reasonable variation therefrom
as the Engineer shall determine.

4. The said dam shall be constructed in accordance with plans and
specifications prepared by the Engineer, and a certificate of the Engineer
that said dam has been constructed in accordance with the provisions
hereof shall be conclusive evidence of such fact. Upon the giving of such
certificate, Ontario shall be released from all liability in respect of such
construction.

5. Three-fifths of the capital cost of said dam shall be paid and borne
by Canada and two-fifths by Ontario, said proportions being approxi-
mately equivalent to the difTerence in the mean water elevation between
said Provincial Boundary and Lake Winnipeg, and between the present
mean water level of Lac Seul and the said Provincial Boundary.

6. All capital cost as herein defined payable by Canada shall be
advanced to Ontario monthly or otherwise as may be agreed upon on
certificates furnished by the Engineer.

7. After the said dam has been completed and put in operation the
total interest on the capital cost apportioned to and contributed by
Ontario under the provisions of paragraph 5 hereof shall be paid annually
at the rate of five per centum per annum by Canada to Ontario, subject
to the provision in the next succeeding paragraph hereof contained.

8. From time to time as the powers on said waters are developed
and used Canada shall be relieved from payment of interest on that
proportion of the capital cost contributed by Ontario that the amount of
head so developed and used bears to the total developable head on said
waters; and when and so soon as the total developable head on said waters
shall have been developed and used, Canada shall be relieved altogether
from payment of interest on Ontario's share of the capital cost. In
computing the developable head at Lower Ear Falls the storage range
provided by said dam shall not be taken into consideration.

9. At the end of every five years from the date of the completion of
said dam as fixed by the Engineer under paragraph 17 hereof, an account
shall be taken of the interest payable by Canada to Ontario in respect of
Ontario's share of the said capital cost and proper adjustments made in
accordance with the provisions hereinbefore set forth.

10. The cost of maintenance and operation of said dam shall be wholly
paid by Canada until powers on said waters have been developed and
put to use. As such powers are developed and put to use, Ontario shall
pay that proportion of two-fifths of the cost of such maintenance and
operation that the head so developed and used on said waters bears to
the total developable head thereon. When and so soon as the total
developable head on said waters has been fully developed and put to use,
Canada shall bear three-fifths and Ontario two-fifths of the cost of said
maintenance and operation.

11. At the end of every five-year period an account shall be taken of
the amount payable by Canada and Ontario respectively for the cost of
maintenance and operation, computed in the manner aforesaid, and
proper adjustments made in respect thereof.

12. As soon as the lands over which flooding or other privileges are
required have been determined, Ontario shall withdraw the same from
sale, location or staking under The Public Lands Act or The Mining Act
of Ontario or otherwise, but nothing herein contained shall limit or restrict
the right of Ontario to develop or grant such lands or utilize or deal with
the same in any manner that may be thought proper, provided the storage
and regulation of water by said dam is not improperly interfered with.

13. Any capital cost incurred in the construction of said dam by reason
of making provision for works for the development of power, over and
above the cost that would necessarily have been incurred in the construction

of said (Jam for conservation and regulation purposes only slall be paid
by the Province of Ontario.

14. After said dam has been completed the amount, if any, payable by
Ontario under the provisions of the next preceding paragraph hereof shall
be determined by two engineers, one appointed by Canada and one by
Ontario. Should the engineers so appointed fail to agree the matter shall
be referred to an engineer to be appointed by the Chief Justice of Ontario
whose decision shall be final and binding upon the parties.

15. Should said dam after the completion thereof be destroyed by the
act of God or otherwise without the consent or approval of Ontario or
should it become physically impossible for any reason to operate the same
in the manner intended all parties hereto shall be relieved from all
liability hereunder, other than and except the liability of Canada to pay
to Ontario such sums of money as may be then due and payable by Canada
to Ontario under the provisions of this agreement.

16. Nothing herein contained shall by implication or otherwise be
considered as a covenant or guarantee by Ontario, with reference to the
level at which said waters will be kept or the flow thereof or that said dam
will control or regulate the flow of said waters as intended and neither
Canada or Manitoba shall have any recourse or claim for damages against
Ontario by reason or on account of the construction of said dam or the
operation thereof or anything done or attempted by virtue hereof. It
being distinctly declared and agreed that Ontario shall incur no liability
whatever hereunder either by reason of negligence, non-feasance or mis-
feasance of its officials, representatives, servants or agents or otheriwse
howsoever.

17. The said dam shall for the purpose of this agreement be deemed to
be completed at a date to be fixed by the Engineer, and after such date
the provisions hereof with reference to maintenance and operation shall
become applicable. The fixing of such date of completion shall not
interfere with the contribution to and adjustment of capital expenditure
by and between Canada and Ontario as herein provided for.

18. Notwithstanding anything herein contained the Lake of Woods
Control Board, appointed under the concurrent legislation shall have full
power and authority to regulate and control the outflow of Lac Seul
by means of said dam in accordance with the principles laid down in the
concurrent legislation relating to the regulation and control of the outflow
of the waters of Lac Seul.

19. The members of said Board of Control appointed by Canada
shall be paid such remuneration as may from time to time be fixed by
the Minister of the Interior for Canada and the members of said Board
of Control appointed by Ontario shall be paid such remunerations as may
from time to time be fixed by the Minister of Lands and Forests for Ontario.

20. It is understood and declared that all contributions by Canada
hereunder, whether for capital cost, interest, or cost of maintenance and
operation are subjject to the right of Canada to be reimbursed therefor by
tolls or dues levied or imposed on water f)owers developed or hereafter
developed in Manitoba.

21. When and so soon as this agreement has become effective in
accordance with the provisions of paragraph 23 hereof Ontario shall
proceed with all reasonable and convenient dispatch to make the necessary
engineering investigations and studies to acquire the requisite rights and
easements and to perform all other acts necessary for the complete con-
struction of said dam and appurtenances.

22. Manitoba hereby concurs in and approves of all the terms and
conditions herein contained. It is understood however that neither this
concurrence and aiiproval nor the execution of this agreement by Manitoba
shall in any way be construed as an admission express or implied in respect
to the rights of the Province or shall in any way prejudice or affect those
rights.

23. This agreement shall not become valid and effective until it has
been confirmed by an Act of the Parliament of Canada and an Act of the
legislature of Ontario nor until the Act of the Parliament of Canada,
entitled "The Lake of the Woods Regulation Act, 1921," being Chapter
38 of 11-12 George V has been repealed. Upon such repeal, everything
necessary shall be done to bring said concurrent legislation into effect.

In witness whereof the parties hereto have executed these presents
the day and year first above written.

Witness:

The Government of the Dominion of Canada,

Minister of Interior.

The Government of the Province of Ontario,

Minister of Lands and Forests.

The Government of the Province of Manitoba,

Prime Minister.

•n

•z

cr
•<

r
>

0^5

3
>

T5
o

&3
O

C/)

orq

S o
<5

,1'

No. 81.

1928.

BILL

An Act to amend The Local Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Local Improvement Act is amended by adding thereto
the following section:

Rev. Stat.
0. 235,
amended.

27a. — (1) Where the work is the opening, widening or Power
extension of a lane, and the council is of opinion that from or^ri-
any lot abutting on the work is not benefited by the n"e^ft for®*^"'
work, or is not benefited thereby to the same extent oF ?ane^
as other abutting lots, the council may, in the by-law
for undertaking the work, exempt such lot or make
a reduction in the special assessment which would
otherwise be chargeable thereon by deducting from
the total frontage of the lot liable to special assess-
ment so much thereof as is sufficient to make the
proper reduction.

(2) Where such lot is exempted the amount of the Assessment
special assessment which would otherwise be charge- work" in such
able thereon shall be specially assessed against all
the other abutting lots, and where a reduction is
made the entire cost of the work shall be specially
assessed as if it were the cost in respect to the
reduced frontage but the whole of the lot granted
the reduction shall be charged with the special
assessment as so reduced.

2. Section 11 of The Local Improvement Act is repealed Rev. stat.,
and the following substituted therefor: repealed.

11. A petition for the opening, widening or extension of Number of

I 1 II I -111 1 • signatures

a lane shall be signed l)y at least three-quarters m required to
number of the owners of the lots liable to be specially ^^ ' '°""'
assessed, and all other petitions shall be signed by
at least two-thirds in number of such owners, and
in all cases the owners signing the petition shall
represent at least one-half of the value of the lots
liable to be specially assessed.

■ji"

—

hrl

n
CO

0^5

t\J

«»

H-k

(-(■

«».

o^a

fa.

ffi

0 O

"^ 3

^ ^

re a

•^ ::•

- " ?

No. 81. 1928.

BILL

An Act to amend The Local Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1 . The Local Improvement A ct is amended by adding thereto ^^2ii^^^"

the following section: amended.

21a. — (1) Where the work is the opening, widening. Power
extension or paving of a lane, and the council is of fromoTre-
opinion that any lot abutting on the work is not m'ent for*^^*
benefited by the work, or is not benefited thereby to oF lanef
the same extent as other abutting lots, the council
may, in the by-law for undertaking the work,
exempt such lot or make a reduction in the special
assessment which would otherwise be chargeable
thereon by deducting from the total frontage of the
lot liable to special assessment so much thereof as is
sufficient to make the proper reduction.

(2) Where such lot is exempted the amount of the Assessment
special assessment which would otherwise be charge- work in such
able thereon shall be specially assessed against all
the other abutting lots, and where a reduction is
made the entire cost of the work shall be specially
assessed as if it were the cost in respect to the
reduced frontage but the whole of the lot granted
the reduction shall be charged with the special
assessment as so reduced.

2^ Tl

3 D.

W 3

">' J?

S v;

S Pi-

?s-

^5-

I\i

>~»

«>

t— '

l-t

pi-

<-h

1— '

0^5

3
>

r
r

■o
00

No. 82.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

Section 411 of The Municipal Act is amended by adding ^eg^^t^a*^-
thereto the following paragraph : amended.

8o. Paragraph 2 of this section shall also apply to Location of
buildings and premises where coal, coke or other fuel storage of
is kept or stored for sale. "*** " * °"

{a) This paragraph shall not apply to a building
or premises which was on the 1st day of April,
1928, erected or used for any of such purposes,
so long as it is used as it was used on that day.

^s)

S" -

0^5

Si.

>
o

l-H

r
r

n> p .

> o "

-■ \

f
(■
J

No. 83.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1 . Section 330 of The Municipal Act is amended by inserting Rev. stat.,

. . c 233 8 330

after the figures 304 in the second line thereof the following amended,
words: "or where the said Board has approved of a by-law
pursuant to the provisions of subsection 2 of section 399."

s o. 2;

u) •< *n

C/2

t\)

"-t

»>M

Cfl

►n

«i

►-»

■<l

§-.

1— '

-00

3
a>
a
a

H
a

-c

■

No. 84.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 437 of The Municipal Act is amended by adding Rev stat..
thereto the following clause: amended.

{aa) A city having a population of not less than 50,000,
$10,000.

2. This Act shall come into force on the day upon which commeno*-

, _, , . "^ ^ ment of

It receives the Royal Assent. Act.

0»ei

I-

Orci

>
O

a
H

(a 5j

<5-

I
I

No. 85.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 490 of The Municipal Act is amended by adding ^^233^8^ 490,
thereto the following subsection: amended.

(5) It is hereby declared that subsection 2 does not Exception
apply, and has never applied to any lane laid out^^ ° ^^^'
in the rear of lands abutting on another highway or
to any outlet connecting such a lane with a highway.

►1_

H
O

CO
>

ex.

>«

t^C

«1

ei-

fi-

R-

<Sk.

rs'.

«*.

o^a

o«a

1— '

3
>

o
B

r
r

No. 86.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Paragraph 7 of section 411 of The Municipal Act isRev.stat.,
repealed and the following paragraph substituted therefor: parrV,

repealed.

7. For prohibiting within any defined area or areas, or Prohibiting
on land abutting on any defined highway or part ofTen°s,
of a highway, the erection or use of tents, awnings J^^JIo"^ °*^
or other similar coverings for business purposes, trucks.
and the housing or keeping of apparatus used in
any truck cartage business or motor trucks.

(a) This paragraph shall not apply to any such
tent, awning or building which was on the
1st day of May, 1919, erected or used for
any such purpose as long as it is used as it
was used on that day.

X O

en r;|- CJ

§; O. Z

o a* J

pi-

■-1

«>

tvj

«s

l-^

f5-

«4.

<f».

13*

«s».

;:$

1— k

0^a

o
p
3

rt>
3

H
rr
ft)

r
r

No. 87.

1928.

BILL

An Act to amend The Theatres and Cinematographs

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Theatres and Cinematographs short title.
Act, 1928.

2. — (1) Section 9 of The Theatres and Cinematographs ^c^Rev. stat..
is amended by striking out the word "fifteen" in the first line amended. '
and inserting in lieu thereof the word "sixteen" by adding
after the word "matron" in the seventh line the words ^f^cTnlren in
"or as many matrons and attendants as may be required by*^®^^'"®^- ^^'^■
the regulations" and by adding after the word "matron" in
the tenth line the words "or matrons and attendants."

(2) The said section 9 is further amended by adding Rev. stat..
thereto the following subsection : amended.

(2) A child under the age of sixteen years shall not Admission

, . ** ,.,./,. of children

be permitted to attend any exhibition by cinemato- under sixteen

, . . , . .... years of age.

graph, moving picture machine or other similar
apparatus for admission to which a fee is charged
at which is or are exhibited any film or films which
have not been stamped by the Board of Censors
as being permitted to be exhibited to children.

3. This Act shall come into force on the day upon which Commence-

, _, , . .^1 ment of

It receives the Royal Assent. Act.

^ Q. :^

w
r
>

O
M

Pi-
's*.
S

0^!

r-f

r-f-

-0^

rt)

>
o

r^ fft

^!l

O-

3 H

K *

< -•

;

No. 88. 1928.

BILL

An Act to amend The Election Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Election Act, 1928. short title.

2. The Election Act is amended by adding thereto thee. 8,

/• ,, • ,• amended.

followmg section :

149a. — (1) Notwithstanding anything contained in sec- ^'^^P^yj^j\;;,°f
tions 147, 148 and 149 all documents, including uncier order

' , , ,, , . , . * of Privileges

used and unused ballot papers, relating to an election, and Eiec-
in the custody of the Clerk of the Crown in Chancery m it tee.
or of any other person may be opened, inspected
and examined under such conditions and regulations
as may be made by the Committee on Privileges
and Elections of the Assembly for the purpose of
inquiring into any matter referred to the Committee
by order of the Assembly, and upon any such pro-
ceeding before the said Committee any such docu-
ment may be filed as an exhibit and any person
summoned to attend and give evidence before the
Committee upon such inquiry may be examined or
cross-examined in relation thereto.

(2) Upon such inquiry no person shall be excusable as con^ peija-

. *^,f.., , bihty of

a witness on any ground oi privilege or upon the witnesses,
ground that his answer may expose him to criminal
proceedings or to any penalties which may be
imposed under any statute of Ontario.

3. This Act shall come into force on the day upon which Commenoe-

ment of

it receives the Koyai Assent. Act.

S tJ

•-t

Qrc!_

en"

ri-
al

OK,

-I
c

VO
to

0^5

-n
C
P

>3
0^

C
P

3
n

3
>

00
<5-

No. 89.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 415 of The Municipal Act is amended by adding Rev. stat.,
thereto the following paragraph: amended.

3a. For entering into a contract with the corporation of Contracting
an adjoining municipality for the use, service and i^g nfunic\-'
assistance of the fire brigade and the fire apparatus Are^pro^teot-
and equipment of such corporation in the event of ^o^-
fire in any defined area of the township and for
levying a special annual rate on all the rateable
property in such area to defray the expenses incurred
under and incidental to such contract.

3
>

5 13

OP 3

Pi.

0^a

tNJ

Pi-

fi.

►— '

<s>.

OK,

(A5

a
H

r
r

No. 90. 1928.

BILL

An Act to amend The Lakes and Rivers
Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Lakes and Rivers Improve- short title.

I ment Act, 1928

2. Subsection 1 of section 11 of The Lakes and Rivers ^^^^ ^^^^^j^'
Improvement Act is repealed and the following substituted subs.' i

•^ ^ ° repealed.

therefor :

(1) Where a dam has heretofore been or shall hereafter ^jfJ^^^J^i^^^^
be constructed in any lake or river and an engineer of plans on
or other officer of the Department of Lands and engineer.
Forests reports that by reason of the construction
or condition of such dam water may be held, released
or diverted in sufficient volume to cause personal
injury or damage to property, the Minister may
require the owner of such dam to furnish within a
given time the plans and other particulars mentioned
in subsection 2 of section 9.

3. This Act shall come into force on the day upon which ^ent^ol''^*'®'
it receives the Royal Assent. ^°*-

r
>

w
O

Pi-

Pi.

cr
•-1

I— I y

2 3

"O re
re n

^ r
^^

2. ^
r^ en

r
r

rj 3

o.^

^ ' t

^ n

1^ 1 IP

No. n.

192«.

BILL I

An Act to amend The Municipal Act.

' " i

HIS MAJESTY, by and with the advjce and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Paragraph 43 of section 399 of The Municipal Act isRev. stat.,
amended by inserting after the word "house" in the third par! 43^^^^'
line thereof the words "or lodging house." ;

2. This Act shall come into force on the day upon which
it rex:eives the Royal Assent. . ;

amended.

c-c

'•

Jfl

(T>

?4-

•-1

•^

«»
^

PI-
'S',
a

OKk

c
5.

-5"
>

r
r

o 0«_

^ '-t f* I

No. 92.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 51 of The Municipal Act is amended by adding Rev stat
thereto the following subsections: amended.

(3) It shall be the duty of the clerk of the municipality Certificate
at least six days before the day fixed for holding

the meeting for the nomination of candidates for
membership in the council to send by registered
letter post to the clerk of the county, a certificate
under his hand and the seal of the corporation,
stating the total number of municipal electors
according to the last revised voters' list who are to
be counted under the provisions of subsection 2 , and
to post up in his office a duplicate of such certificate.

(4) If the clerk fails to send such certificate within thefenauy

for iRiluro

prescribed time he shall incur a penalty not exceeding
$50 and if he certifies to a larger number of municipal
electors than should be counted under the provisions
of subsection 2, he shall incur a penalty not exceeding
$200.

3 2. JO

to *<

Pi.

S
0^

(t
•-I

3
n

a
H

r
r

rD
c

I' £.

No. 93.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 400 of The Municipal Act is amended by adding Rev. stat.,
thereto the following paragraph : amended.

14. For requiring vendors of coke to store their stock of storage
coke so that it will not be exposed to rain, snow or°
water, and for prohibiting the sale of coke affected
by such exposure.

1^ 1-F

5' n

M
O

tNJ

ts3

Pi-

t«>

o^a

a
H

EL
>

- H

r
r

crq Pi- «■!

No. 94.

1928.

BILL

An Act respecting Relief to Settlers in Northern
Ontario.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Northern Ontario Relief short title.
Act, 1928.

2. The Northern Ontario Fire Relief Committee Act, 1923, is 1923, c. 9,
declared to be and to have been since the date of the enact- to beTn
ment thereof in force notwithstanding any purported repeal f°''°®-

of the said Act in any other statute or repealing enactment.

3. The corporation established under the said Act as the Northern
"Northern Ontario Fire Relief Committee" is continued and mission. °"^"
shall hereafter be known as the "Northern Ontario Relief
Commission" and in addition to the powers and duties con-
ferred and imposed by The Northern Ontario Fire Relief
Committee Act, 1923, the said Commission may, by order of

the Lieutenant-Governor in Council from time to time as he
may deem advisable, be further authorized to undertake and
carry out any plan for the assistance of settlers or others in
Northern Ontario in any emergency, or for providing better
means of communication, or transportation, or special educa-
tional and library facilities, or centres for hospital and medical
treatment, and generally any further or other measures or
works which may be so authorized from time to time for
promoting the safety, health, happiness and prosperity of
such settlers or other inhabitants of Northern Ontario.

4. This Act shall come into force on the day upon which Commence-

, _, , . J f ment of

It receives the Royal Assent. Act.

H
O
1^
O

H
O

C/)

Pi-

0^5

cr
c

fi-

?5.

<s>.

0^3

■:xa

h-k

■*

-1

►■^

Cfi

•1

el-

"-t

CfQ

?«

?S'

i->->

►1

r
r

No. 95.

1928.

BILL

An Act to amend The Assessment Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Assessment Act, 1928. short title.

2. Section 40 of The Assessment Act is amended by adding Rev. stat.,
thereto the following subsection : amended.*^'

(10) Where any estate in mines, minerals or mining Case of

• ^ ^ ^ ^ , r i r , minerals and

rights has heretoiore or may hereafter become surface
severed from the estate in the surface rights of theccfming^"
same lands, whether by means of the original patent owner/" °^^
or lease from the Crown, or by any act of the patentee
or lessee, his heirs, executors, administrators,
successors or assigns, such estates after being so
severed shall thereafter be and remain for all pur-
poses of taxation and assessment separate estates
notwithstanding the circumstance that the titles to
such estates may thereafter be or become vested in
one owner.

3. Nothing in section 2 contained shall affect any judgment Judgment
or decision heretofore rendered or given by any court or other pending^ ^^^^
tribunal or any action or other proceeding now pending, butaffec^ted" "°*
every such judgment or decision may be enforced and carried

out and every such action or other proceeding may be con-
tinued and judgment or decision therein given as if the said
section had not been passed.

4. This Act shall come into force on the day upon which ^^^ot^^^'
it receives the Royal Assent. ^°^-

CTQ 3

t\>

Pi.

R-

0«5

»— '

■*

g
n

H
rr
n>

2
r
r

O „

No. 96.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 411 of The Municipal Act is amended by adding ^2^-3^*^^*^^,
thereto the following paragraph : amended.

9. Paragraph 2 of this section shall also apply to fox Regulation
kennels or other animal kennels, clothes cleaning, bulfdings'^ °^
pressing or dyeing businesses, hotels, billiard or p°urposes^"
pool rooms, bowling alleys, tea rooms, tailor shops,
barber shops, hair-dressing parlors, beauty parlors,
Turkish baths, bathing pools, printing establishments,
banks, office buildings, clubs, orphanages, baby
farms, private schools and seminaries of learning,
dressmaking establishments, rooming houses, coal
yards, work shops, restaurants, greenhouses, poultry
killing establishments, public halls, dairies, con-
servatories, schools and studios of music, and
premises for the storing of material used by con-
tractors.

org 3

o cr

0^5

(^5

cr
c

Pi-

crzt

>
>

H r

o O

■^ 3

<5-

No. 97.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Paragraph 2 of section 398 of The Municipal Act isRev. stat.,
amended by inserting the word "location" after the word pan^l; ^" ^^
"bulk" in the first line; by striking out all the words after the ^"^®'^**^^-
word "by-law" in the fourth line of clause c of the said para- Regulation
graph and inserting in lieu thereof the following:

of location
of buildings.

"Such notice may be given by publishing in a newspaper
published in the municipality, once a week for two
successive weeks, a true copy of the proposed by-law,
or a synopsis of it, containing a concise statement
of its purpose, the last of which publications shall be
not more than ten nor less than three days prior to
the date fixed for the hearing of such application by
thejMunicipal Board, together with notice of the
time and place at which such application will be
heard."

w. '^

5' -.

">' re

2 ^

::^

■^

m
r

era

Pi-

tsi

0^a

.»

a-
H

•T3

>
n

r
r

No. 98.

1928.

BILL

An Act to amend The Estreats Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Estreats Act, 1928.

Short title.

2. Section 3 of The Estreats Act is amended by adding c. i28, s^ si
thereto the following subsection: amended.

(3) In the case of the forfeiture of a recognizance given cognisance
by or on behalf of a person for his appearance before wh[fe*court
a police magistrate or justice of the peace, or by or on "»* .i"
behalf of a person appealing from a conviction or
order made in the first instance or on appeal, if the
court of general sessions of the peace or the Supreme
Court is not in session at the time of such forfeiture
the registrar or clerk of the peace shall prepare and
certify a roll setting out the forfeited recognizance
and lay the same before a judge of the court in
chambers, and the judge may thereupon by memo-
randum upon the roll order the estreating of such
recognizance, and the registrar or clerk of the peace
shall thereupon proceed as in other cases provided
for by this Act.

3. The Estreats Act is amended by adding thereto the^Yis^***"
following section :

amended.

16. The provisions of this Act shall apply and extend to^ilances to
any bond, recognizance or other security furnished Pp^^g^^^j"^®^^^
by or on behalf of any person under any statute of convictions,
Ontario or by or on behalf of any person appealing
from the conviction or order made in the first
instance on appeal in any prosecution or summary
proceeding had or taken under the provisions of a
statute of Ontario to which The Summary Convictions Rev. stat.,

' • c 121

Act applies or which contains provision for an
appeal from a conviction or order made by a magis-

trate or judge under such statute, and rules may be
made for regulating the practice upon the estreating
of any such bond, recognizance or other security by
the same authority and in the same manner as under
the provisions of section 15.

Commence- 4. Xhis Act shall come into force on the day upon which

ment of ..,._, .

Act. It receives the Royal Assent.

^. 13

I— t

cr
c

>
>

o
p

3
CL

r
r

No. 98.

1928.

BILL

An Act to amend The Estreats Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Estreats Act, 1928.

Short title.

2. Section 5 of The Estreats Act is amended by adding Re^^^st^at^.
thereto the following subsection: amended. '

(4) In the case of the forfeiture of a recognizance given when re-

i_ Luirr ri-- ur cognizance

by or on behalf of a person for his appearance before forfeited

,. ' ^ ^ .^. r^i T_ r while court

a police magistrate or justice oi the peace or oejore not in
the jvdge of the county or district judge' s criminal court ^®^^*°"-
or by or on behalf of a person appealing from a
conviction or order made in the first instance or on
appeal, if the court of general sessions of the peace
is not in session at the time of such forfeiture the
clerk of the peace shall prepare and certify a roll
setting out the forfeited recognizance and lay the
same before a judge of the county court in chambers,
and the judge may thereupon by memorandum
upon the roll order the estreating of such recog-
nizance, and the clerk of the peace shall thereupon
proceed as in other cases provided for by this Act.

3. The Estreats Act is amended by adding thereto theRev stat..

following section: amended.

i:^'16.— (1) The provisions of this Act shall apply and ^j|^og-^^ ^^
extend to any bond, recognizance or other security prosecute
furnished under any Statute of Ontario by or on convictions,
behalf of any person for his appearance before a ® °'
magistrate or a justice or for the prosecution of any
appeal in any matter or case punishable on summary
conviction or in which an appeal lies from a con-
viction or order made by a judge, magistrate or
justice.

(2) Rules may be made for regulating the practice upon
the estreating of any such bond, recognizance or
other security by the same authority and in the
same manner as under the provisions of section
15.

4. This Act shall come into force on the day upon which

Commence- . . , ^^ , -

ment of it receives the Royal Assent.

Act. ^

7^ >-Q
5" 2.

W 3

^o.

OS'

?«

Pi.

a
a

3
>

o
3

a
H

2
r
r

O
o O

No. 99.

1928.

BILL

An Act to amend The Landlord and Tenant Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Landlord and Tenant Act, short title.
1928.

2. Section 31 of The Landlord and Tenant Act is amended Rev. stat.,

c. 190 s 31

by inserting immediately before the word "boarder" wherever amended,
it occurs in the said section the word "under-tenant" and by
adding thereto the following subsection:

(4) In this section "under-tenant" shall mean a tenant Protection
to whom the premises or some part of the premises of under-
in respect of which rent is distrained for shall have dlstl-essf'^"'"
been sub-let with the consent of the superior land-
lord or in default of such consent under the order
of the judge of the county or district court as pro-
vided by subsection 2 of section 22.

3. This Act shall come into force on the day upon which ^ent^ol'"^^"
it receives the Royal Assent. Act.

ti-

Pi-
S

0^5

PI-
'S".

^ H
a.

O
o _

No. 100.

1928.

BILL

An Act to amend The Assessment Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Subsection 2 of section 46 of The Assessment Act isR^ev. stat.,
amended by striking out the word "buildings" in the fourth siibs. 2,
and eleventh lines and by inserting the words "not including ^"^^'^
buildings" after the word "improvements" in the sixth and
thirteenth lines so that the subsection will now read as
follows :

(2) Subject to the provisions of subsection 3 and of Assessment
section 47, subsection 1 shall not apply to or include of munkfipai.
a highway, street, lane, or other public place, nor^t\uties.
shall it apply to or include machinery, works,
structures, substructures, superstructures, rails, ties,
pipes, poles and other property, works, or improve-
ments (not including buildings) owned, used or
controlled by such municipal corporation, commis-
sion, trustees or other body, nor an easement or the
right of use or occupation or other interest in land
not owned by such municipal corporation, commis-
sion, trustees or other body, but every such highway,
street, lane or other public place, and all such
machinery, works, structures, substructures, super-
structures, rails, ties, pipes, poles and other property,
works or improvements (not including buildings) so
owned, used or controlled, and every easement or
right shall continue to be exempt from assessment
and taxation as heretofore.

100

■

?3 "0

3 n.

?«

OK) 3

S'=-

w
w

54.

1-^

Pi-

*».

's!.

)-A

/5>

0X1

a
H

13-

r
r

O
o o :

Cr5

P "

- ? t

No. 101.

1928.

BILL

An Act to amend The Local Improvement Act.

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

r ,, Rev. Stat.,

enacts as lollows: c. 235, s. 5.3,

repealed.

1. Section 53 of The Local Improvement Act is repealed {^n'ds exempt
and the following substituted therefor: taxation

liable to be

53. The following land shall be liable to be specially assessed,
assessed for local improvements notwithstanding Rev. stat.,
the provisions of The Assessment Act: ^' ^^^'

(a) Land on which a university, college, school,
seminary of learning, church or place of
worship is erected, or which is used in connec-
tion therewith, whether vested in a trustee
or otherwise.

(b) Land owned or leased by or vested in a

municipal corporation or commission or in
trustees or any other body acting for and on
behalf of a municipal corporation and used
for the purpose of supplying water, light,
heat or power to the inhabitants of the
municipality or for the purposes of a railway,
electric railway, street lailway or tramway
or for other transportation purposes.

101

5 TJ

3 2.

o cr
M

••

H
H

0^5

t\>

0^5

• r

o
o

r
r

O
•-t

No. 102.

1928.

BILL

An Act to amend The Local Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 2 of section 20 of The Local Improvement Act'^^A^^^h'n

subs. 2,
amended.

is amended by adding thereto the following:

(J) In the case of a sewer the outlet for which has already
been constructed, an amount equivalent to that
portion of the cost of such outlet which the lands to
be specially assessed for the sewer would have borne
if they had been assessable in respect to such outlet
when it was constructed.

102

H
s-
n

?3 "D

3 2.

t/Q_ a

to" <^

rtl

^<^

o a-

•*

<s>.
0^9

!3*

H- a

o
p
3

2. rt)

3
•o
•1
o
<:

r
r

o (

-~^<l

'tr(

No. 103. 1928.

BILL

An Act to confirm the Revised Statutes of
Ontario, 1927.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Revised Statutes Act, 1928. ^^""""^ "tie-

2. The Revised Statutes of Ontario, 1927, as printed by Rev. stat.,
the King's Printer, and declared by proclamation of the confirmed.
Lieutenant-Governor in Council, dated the 20th day of
December, 1927, last past, to come into force on, from and
after the 31st day of December, 1927, last past, have been on,
from and after such last-mentioned day, and shall hereafter
be in force in Ontario to all intents and purposes as though
the same were expressly embodied in and enacted by this Act,
to come into force and have effect on, from and after such
last-mentioned day, subject, however, to the provisions of
section 9 and following sections of the Act of this Legisla-
ture passed in the seventeenth year of His Majesty's reign,
chaptered 3, and intituled An Act to provide for the Consolida-
tion of the Statutes of Ontario, and to the Acts passed in the
present session of this Legislature.

3. On, from and after such last-mentioned day all the Repealed
enactments in the several Acts and parts of Acts mentioned
in schedule A appended to the Revised Statutes of Ontario,
1927, have been and shall remain repealed to the extent
mentioned in the third column of schedule A, except as
provided in any Act passed in the present session of the
Legislature.

4. The Legislature is not by reason of the passing of this Judicial
Act to be deemed to have adopted the construction which uon'^not ^'
may, by judicial decision or otherwise, have been placed upon**^"^*®**'
the language of any of the statutes included among the
Revised Statutes.

6. This Act shall come into force on the day upon which ^e™t™®f"5f<,'t
it receives the Royal Assent.

103

S
5

?N l-r
5' 2

a-
ft-

t\>

t:0
ft-

>
>

2.C

- -• o

itr

No. 104. 1928.

BILL

An Act to amend The Colonization Roads Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Colonization Roads Amend- ^^^^^ *^**«
ment Act, 1928.

2. Section 1 of The Colonization Roads Act is repealed and^®^^ stat..
the following substituted therefor: repealed. '

1. In this Act, — Interpreta-

Mon.

{a) "Department" shall mean The Department ^^^f^.''*'
of Northern Development.

(b) "Minister" shall mean that member of the'*^^^'"^*^" "
Executive Council to whom for the time
being, the administration of this Act is
assigned.

3. vSection 7 of The Colonization Roads Act is amended by^^sy,^**-?;'
striking out all words after the word "of" in the fourth line^"^®"*^®^"
and substituting therefor the words "Northern Development."

4. — Section 11 of The Colonization Roads Act is amended ^®^^ ^**|j'
by striking out the word "forty" in the eleventh line and amended,
inserting in lieu thereof the word "fifty," and by striking out ^f''^^,^*^ ^j?*
all the words therein after the word "municipality" in the overseer,
thirteenth line and substituting therefor the words "but theL,imitof
amount so paid shall not in any one year exceed the sum of ^'^^^ *
$400."

6. This Act shall come into force on the day upon which comm«noe-
it receives the Royal Assent. *"

104

t\J

©«

ft-

<!^

ei-

ft-

*?•

«».

IA5

■ n

1—4

^ 9'
°S J^ ^

^ c

• r
•— * rt

No. 105. 1928.

BILL

An Act to amend The Municipal Arbitrations Act.

HIS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows:

1. Clause e of subsection 2 of section 1 of The Municipal Rev. stat.,

• t r f 242 s 1

Arbitrations Act is amended by addmg before the wordsubs. 2, ci.'e,
"engineers" in the seventh line the words "valuators, ap-^'"®"*^®^'
praisers."

2. Subsection 1 of sec^on 12 of The Municipal Arbitrations '^^j-^^^^-.
Act is amended by striking out the figures "$20" in the third subs, i, '
line and substituting therefor the figures "$30," and by^™ " ^ '
striking out the figures "$4." at the end of the said sub-
section and substituting therefor the figures "$10."

105.

r H

i' 2. ?3

> St ^

1 o

o
m

ex-

5V.

>J - ^

(As

VO 0^3

3
>

■-I re
P 3

cr. a
o
== H

> Oi

6'
p,

r
r

o O

3
ft p ■^J

No. 106.

1928.

BILL

An Act to amend The Assessment Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Assessment Act is amended by adding at the be- ^®X;o^*a*A\,

C. 2.i8, S. 64,

ginning of subsection 1 of section 64 the words ' subject to the subs, i,

, . r . y , ,, 11 11- I f 1 1 • amended.

provisions of section 64a and by adding the lollowing as
section 64a:

64a, — (1) In a city having a population of not less ^f°court Vn '^
than 200,000 the court of revision shall consist ofcity^over
one member only, appointed by the council of
such city, who shall be a barrister of at least ten
years standing at the bar of Ontario, but who shall
not be a member of the city council or an officer or
employee of the city corporation.

(2) Such member shall be known as 'The Commissioner Name of
of the Court of Revision" and shall hold office
during the pleasure of the council.

(3) In case of the illness or absence from Ontario ofabsence'of
such commissioner the council may appoint another ^j°JJJ^^*"
person possessing the same qualifications to act
during such illness or absence.

106.

cr
n

•-t^

0«)_

en'

rt-

D-

£/)

•<

Si-
0^

H^ a
vo Cm
to
00

>
o

<T)

S
rt

r
r

crq

00 '

No. 107.

1928.

BILL

An Act to amend The Public Lands Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows;

1. This Act may be cited as The Public Lands Act, iP2(?. Short title.

2. Subsection 1 of section 55 of The Public Lands Act is^^-^J-Stat
amended by striking out the words and figures "14th day of«ubs.' i".

.... amended

April, 1908" and inserting in lieu thereof the words and
figures "the 6th day of May, 1913" and this amendment
shall be deemed to have had effect on and from the 31st
day of December, 1927.

3. This Act shall come into force on the day upon which commence-
it receives the Royal Assent. Act.

107

•-i_

rt-

?^13

3 n.

Cf5^ 3

(T>

S^'

o cr

lT-(

w
>

0X1

ex-
a

Orci

Oft

Si-
's".

O-sj

Si3

a.
H

3-
0)

c
cr

r
p

o (M
•-t g

No. 108.

1928.

BILL

An Act to amend The Public Lands Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Public Lands Act, iP2,?. Short title.

2. Section 3 of The Public Lands Act is repealed and ^^55 ^^^g-
the following substituted therefor: repealed.'

3. — (1) There shall be a Deputy Minister of Lands and^^P^t^j. ^^
Forests who shall be appointed by the Lieutenant- ^ands and
Governor in Council and shall perform such duties as
may be assigned to him by the Lieutenant-Governor
in Council or by the Minister and in the absence of
the Minister, or in case of a vacancy in the office
of the Minister, he shall discharge the duties of the
Minister in respect to such matters as may have been
assigned to him.

(2) There shall also be a Deputy Minister of Forestry Deputy
who shall be appointed by the Lieutenant-Governor of Pol-e^sW.
in Council and shall perform such duties in con-
nection with reforestation, forest protection, forest
research and investigation and other matters as

may be assigned to him by the Lieutenant-Governor
in Council, or by the Minister, and in the absence
of the Minister, or in case of a vacancy in the office
of the Minister, he shall discharge the duties of the
Minister with respect to such matters as may have
been assigned to him.

(3) There shall also be a Deputy Minister to be known as Surveyor
the Surveyor General who shall be appointed by the to be a
Lieutenant-Governor in Council and shall perform ^^^ ^'
such duties in connection with the surveying of lands,
investigation of water powers, engineering, in-
spection, research and such other matters as may

be assigned to him by the Lieutenant-Governor in

108

Council or by the Minister, and in the absence of
the Minister, or in the case of a vacancy in the
office of the Minister, he shall discharge the duties
of the Minister with respect to such matters as
may have been assigned to him.

of^offlce ^^^ Each of the Deputy Ministeis shall before entering

upon his duties take and subscribe an oath faith-
fully to discharge the same, which shall be ad-
ministered by the Minister or by some person
appointed by the Lieutenant-Governor in Council
for that purpose.

Commence- 3. This Act shall come into force on the day upon which it

ment of . , t~« i a

Act. receives the Royal Assent.

108

ar
n

•TO

•n

QK?_

D-

0^5

r-h

Si.

Isi

O-

0^5

3
D.

1
cr?

t>j

No. 109. 1928.

BILL

An Act to amend The Boys' Welfare Home and
School Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Boys' Welfare Home awrf short title.
School Act, 1928.

2. The Boys' Welfare Home and School Act is amended by^^J^^^a*-'
adding thereto the following section : ainencied.

16a. — (1) Where application is made to the superin- t^^^J^^^fnigj.
tendent of a welfare home and school for the ad- p^^^^^^Jj^^*'^®
mission of any boy, the superintendent shall notify t®nance.
the municipality of which the boy is represented to
be a resident stating the name, age and address of
the boy and the period of his residence in the muni-
cipality.

(2) If a municipality objects to paying for the ^^i^i" of munici-
tenance of any boy at a welfare home and school paiity if no
upon the ground that the boy is not a resident of taken,
the municipality the corporation shall notify the
superintendent in writing to that effect, otherwise
the liability of the municipality to pay for the
maintenance of the boy in the welfare home and
school shall not be open to question upon the
ground that the boy was not a resident of the
municipality.

(3) Where a municipal corporation has been called upon ^^^'t'^ °^®'"
to pay for the maintenance of a boy in a welfare parents, etc.
home and school and the parent or guardian or
other person having the care and custody of the
boy has sufficient means to pay for his maintenance,
the corporation may recover from such parent,
guardian or other person any sum so paid by it

before the boy has reached the age of twenty-one ™

years.

109

Commence- 3 Xhis Act shall come into force on the day upon which it

ment of . , t^ 1 *

Act. receives the Royal Assent.

10*)

3 2. ?o

» J? ^

CO *< "^

r
o

tSJ

Pi-

<s>

<:%

ex-

ei-

«».

v^.

h-*

(AJ

HKt

o
p
3

o -

r
r

t— '

■-i

crq

rt- ►

P •

2.£

o •

I-*

No. 110.

1928.

BILL

An Act respecting the Toronto General Hospital.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:—

1. It is hereby declared that the expropriation of lands *^®''J^^'^

% , . , f f exchange

for the purpose of exchanging the same or any part or parts of land
thereof for other lands deemed by the trustees of the Toronto
General Hospital to be more suitable for the purposes of the
hospital is now and since the 6th day of May, 1913, has been
within the powers of the corporation and that the by-law
passed by the trustees of the Toronto General Hospital,
dated the 5th day of July, 1927, and the exchange with the
corporation of the city of Toronto for other lands of part of
the lands expropriated by the said by-law for the purpose of
extending Gerrard Street West westerly were within such
powers.

2. It is hereby declared that the trustees of the Toronto conveyance
General Hospital by executing and delivering to the cor- i^V-iaw""
poration of the city of Toronto the conveyance, dated the^°' ^^^^^•
16th day of January, 1928, a copy of which is set forth in
schedule "A" to this Act, has sufficiently complied with the
provisions of by-law number 11312 of the said corporation

of the city of Toronto, requiring the trustees of the Toronto
General Hospital to convey to the corporation of the city of
Toronto the lands necessary for the extension of Gerrard
Street West westerly at a width of sixty-six feet between the
west street line of Elizabeth Street and the east street line of
University Avenue, and that the said by-law shall be read
and construed as if it had defined the lands necessary for the
said extension of Gerrard Street West as the lands described
in the said conveyance.

3. The conveyance, dated the 16th day of January, 1928, Jogve|r^a^ce
of Christopher Street and the northerly portions of Centre ptier street
Avenue and Chestnut Street from the corporation of the lands to
city of Toronto to the trustees of the Toronto General Hospital, ^°'^ **

a copy of which is set forth in schedule "B" to this Act, is

110

hereby validated and confirmed as of the date thereof, and
the said street and portions of streets are hereby declared
to have become vested by the said conveyance in the trustees
of the Toronto General Hospital for all the estate, right, title
and interest of the corporation of the city of Toronto therein
and thereto.

Commence- 4. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

110

SCHEDULE "A"

This indenture made in duplicate the 16th day of January , one thousand
nine hundred and twenty-eight. In pursuance of The Short Forms of
Conveyances Act:

Between:

The Trustees of the Toronto General Hospital,
a body corporate,

of the first part,
— and —

The Corporation of the City of Toronto,

of the second part.

Whereas by a by-law of the Trustees of the Toronto General Hospital
passed on the 5th day of July, 1927, entitled "A by-law to authorize an
exchange of lands between the Trustees of the Toronto General Hospital
and the Corporation of the City of Toronto, ": the conveyance to the
Corporation of the City of Toronto for highway purposes of the lands
and premises hereinafter described for the considerations in the said
by-law mentioned was duly authorized ;

Now this indenture witnesseth that in pursuance of the premises and
for certain valuable considerations and the sum of One dollar now paid
by the said party of the second part to the said party of the first part
(the receipt whereof is hereby by it acknowledged) it the said party of the
first part doth grant unto the said party of the second part in fee simple
for highway purposes:

All and singular that certain parcel or tract of land and premises
situate lying and being in the City of Toronto, in the County of York and
Province of Ontario, being composed of parts of lots numbers 1,2,7 and 8,
according to a plan filed as number 145 in the Registry Office for the
City of 'ioronto, and now in the Registry' Office for the Registry Division
of Toronto, and of parts of lots numbers 11, 12, 19, 20, 34, 35, 49 and 50,
all according to a plan filed as number D. 14 in the said Registry Office
for the City of Toronto, and now in the said Registry Office for the Registry
Division of Toronto, and which said parcel of land is more particularly
described as follows: — Commencing at a point in the westerly limit of
Elizabeth vStreet as shown on said registered plan number 145, which point
is distant Two hundred and thirty-one feet and five inches (231 5")
southerly from the intersection of the said limit of Elizabeth Street as
shown on registered plans numbers 145 and 154, with the easterly pro-
duction of the southerly limit of Christopher Street as extended by By-law
No. 5625 of the Municipal Corporation of the City of Toronto; thence
westerly in a straight line, along the first section of the southerly limit of
the lands herein described. Eighty-one feet and ten and one-quarter
inches (81' 10}4.") to a point in the westerly limit of said lot number 8,
according to registered plan number 145, which point is distant Two
hundred and thirty-one feet and three and one-quarter inches (231' 3}4.")
measured on a course parallel to the said limit of Elizabeth Street from the
said southerly limit of Christopher Street extended by By-law as aforesaid ;
thence westerly in a straight line, along the second section of the said
southerly limit of the lands herein described, to a point in the westerly
limit of Chestnut Street as shown on said registered plan number D. 14,
which last named point is discant Two hundred and twenty-two feet
(222'; southerly from the intersection of the said limit of Chestnut Street
with the southerly limit of Christopher Street as shown on the last named
plan; thence westerly in a straight line along the third section of the said
southerly limit of the lands herein described, to a point in the easterly
limit of Centre Avenue (formerly called Centre Street) as shown on said
registered plan number D. 14, which last named point is distant Two
hundred and thirteen feet and three and one-quarter inches (213' 3J^")
southerly from the intersection of the said limit of Centre Avenue with
the said limit of Christopher Street as shown on the last named plan;

110

Xi.

thence westerly in a straight line, along the fourth section of the said
southerly limit of the lands herein described, to a point in the easterly
limit of University Street as shown on said registered plan number D. 14,
which last named point is distant Two hundred and twelve feet and ten
inches (212' 10") southerly from the intersection of the said limit of
University Street with the said southerly limit of Christopher Street;
thence northerly along the said limit of University Street Sixty-six feet
(66') more or less, to a line drawn parallel to the said fourth section of the
southerly limit of the aforesaid lands, and distant Sixty-six feet (66')
northerly therefrom, measured at right angles thereto; thence easterly
along the last mentioned parallel line, to the point of intersection with a
line drawn parallel to the said third section of the southerly limit of the
aforesaid lands and aistant Sixty-six feet (66') northerly therefrom,
measured at right angles thereto; thence easterly along the last mentioned
parallel line, to a line drawn parallel to the said second section of the
southerly limit of the aforesaid lands and distant Sixty-six feet (66')
northerly therefrom, measured at right -angles thereto; thence easterly
along the last mentioned parallel line, to the point of intersection with a
line drawn parallel to the said first section of the southerly limit of the
aforesaid lands and distant Sixty-six feet (66') northerly therefrom,
measured at right angles thereto; thence easterly along the last mentioned
parallel line to the westerly limit of Elizabeth Street aforesaid; thence
southerly along the last mentioned limit, Sixty-six feet (66') more or less
to the point of commencement.

Saving and excepting thereout and therefrom those portions of
Chestnut Street and Centre Avenue included within the hereinbefore
described limits.

The said party of the first part covenants with the said party of the
second part that it has the right to convey the said lands to the said party
of the second part notwithstanding any act of the said party of the first
part.

And that the said party of the second part shall have quiet possession
of the said lands free from all incumbrances.

And the said party of the fifst part covenants with the said party of
the second part that it will execute such further assurances of the said
lands as may be requisite.

And the said party of the first part covenants with the said party of
the second part that it has done no act to incumber the said lands.

And the said party of the first part releases to the said party of the
second part ail its claims upon the said lands.

In witness whereof the said parties hereto have hereunto set their
hands and seals.

Signed, Sealed and Delivered

"C. S. Blackwell," Chairman.
In the presence of:

{Corporate Seal)
"D. N. MacLachlan."

"C. J. Decker," Secretary.

110

SCHEDULE "B"

This indenture made in duplicate the sixteenth day of January, in
the year of our Lord one thousand nine hundred arid twenty-eight. In
pursuance of The Short Forms of Conveyances Act:

Between :

The Corporation ok the City of Toronto,
hereinafter called the Grantor,

of the first part,
— and —

The Trustees of the Toronto General Hospital,
a body corporate, hereinafter called the Grantee,

of the second part.

Whereas by a certain by-law passed by the Council of the Corporation
of the City of Toronto on the 25th day of July, 1927, anrf numbered 11312,
it was thereby enacted that the lands hereinafter described and being
portions of public highways be thereby stopped up and closed.

And whereas it was also enacted in and by said by-law that the said
Grantor was to convey to the said Grantee the said lands under certain
terms and conditions.

And whereas one of the said conditions hereinbefore mentioned was
that the said Grantee should convey to the said Grantor sufficient lands
for the extension of Gerrard Street westerly from the westerly street limit
of Elizabeth Street to the easterly limit of University Street.

And whereas by a certain conveyance of even date hereof, the said
Grantee has conveyed to the said Grantor the said lands for the said
extension of Gerrard Street.

Now this indenture witnesseth that in pursuance of the premises and
for certain valuable considerations and the sum of One dollar of lawful
money of Canada now paid by the said Grantee to the said Grantor (the
receipt whereof is hereby by it acknowledged) the said Grantor doth
grant unto the said Grantee in fee simple all and singular that certain
parcel or tract of land and premises situate, lying and being in the City
of Toronto, in the County of York, and Province of Ontario, being com-
posed of Christopher Street fifty-five feei in width, extending from the
westerly limit of Elizabeth Street as widened by By-law No. 5623 of the
Municipal Corporation of the City of Toronto, to the easterly limit of
University Street as shown on a plan filed as number D-14 in the Registry
Office for the said City of Toronto, and now in the Registry Office for the
Registry Division of Toronto, together with the widening thereof under
By-law No. 5624 of the Municipal Corporation of the said City of Toronto,
and the extension thereof under By-law No. 5625 of the Municipal Cor-
poration of the said City of Toronto.

Secondly: All and singular that certain parcel or tract of land and
premises, situate, lying and being in the City of Toronto, in the County
of York, and Province of Ontario, being .composed of that part of Centre
Avenue formerly called Centre Street) as shown on a plan filed as number
D-14 in the Registry Office ^or the City of Toronto, and now in the Registry
Office for the Registry Division of Toronto, more particularly described
as follows: — Commencing at the intersection of the westerly limit of
Centre Avenue with the southerly limit of Christopher Street as shown
on said registered plan number D-14; thence easterly in a straight line,
sixty-six feet to the intersection of the easterly limit of said Centre Avenue
with the said southerly limit of Christopher Street; thence southerly along
the .said limit of Centre Avenue, one hundred and forty-seven feet and
three and one-quarter inches more or less, to a line drawn parallel to a
certain line connecting a point in the said easterly limit of Centre Avenue
distant two hundred and thirteen feet and three and one-quarter inches

110

southerly from the intersection of the same with the said limit of Christo-
pher Street with a point in the easterly limit of University Street as shown
on said registered plan number D-14, distant two hundred and twelve
feet and ten inches southerly from the intersection of the last named
limit with the said southerly limit of Christopher Street; the said parallel
line being distant sixty-six feet northerly from the said connecting line
measured at right angles thereto; thence westerly along the said parallel
line, sixty-six feet to the westerly limit of Centre Avenue aforesaid; thence
northerly along the last mentioned limit, one hundred and forty-seven
feet and two inches more or less to the point of commencement.

Thirdly: All and singular that certain parcel or tract of land and
premises, situate, lying and being in the City of Toronto, in the County
of York, and Province of Ontario, being comnosed of that part of Chestnut
Street, as shown on a plan filed as number D-14 in the Registry Office for
the City of Toronto, and now in the Registry Office for the Registry
Division of Toronto, more particularly described as follows: — Commencing
at the intersection of the westerly limit of Chestnut Street with the
southerly limit of Christopher Street as shown on the said plan; thence
easterly along the production of the said limit of Christopher Street,
sixty-six feet to the easterly limit of Chestnut Street; thence southerly
along the said easterly limit, one hundred and fifty-nine feet and eleven
and a half inches more or less, to a line drawn parallel to a certain line
connecting a point in the westerly limit of lot number 8, according to a
plan filed as number 145 in the said Registry Office for the City of Toronto,
and now in the said Registry Office for the Registry Division of Toronto,
distant two hundred and thirty-one feet and three and one-quarter inches
measured southerly on a course parallel to the westerly limit of Elizabeth
Street from the southerly limit of Christopher Street as extended by
By-law No. 5625 of the Municipal Corporation of the City of Toronto,
with a point in the westerly limit of said Chestnut Street distant two
hundred and twenty-two feet southerly from the intersection of the same
with the said southerly limit of Christopher Street, the said parallel line
being distant sixty-six feet northerly from the hereinbefore described
connecting line, measured at right angles thereto; thence westerly along
the said parallel line, to the point of intersection with a line drawn parallel
to a certain line connecting a point in the said westerly limit of Chestnut
Street, distant two hundred and twenty-two feet southerly from the
intersection therewith of the said southerly limit of Christopher Street
with a point in the easterly limit of Centre Avenue (formerly called Centre
Street) as shown on said registered plan number D-14, distant two hundred
and thirteen feet and three and one-quarter inches southerly from the
intersection of the last named limit with the said limit of Christopher
Street, the said last mentioned parallel line being distant sixty-six feet
northerly, from the last mentioned connecting line, measured at right
angles thereto; thence westerly along the last mentioned parallel line to
the westerly limit of Chestnut Street aforesaid; thence northerly along
the last mentioned limit, one hundred and fifty-five feet and eleven inches
more or less, to the point of commencement.

To have and to hold unto the said Grantee, its successors and assigns,
to and for its and their sole and only use forever.

Subject nevertheless to the reservations, limitations, provisoes and
conditions expressed in the original Grant thereof from the Crown.

And the said Grantor covenants with the said Grantee that it has
done no act to encumber the said lands.

And the said Grantor releases to the said Grantee all its claims upon
the said lands.

In witness whereof the said Grantor has hereunto affixed its Corporate
Seal and the hand of Samuel McBride, Esquire, Mayor, countersigned by
Henry Reburn, Esquire, Deputy Treasurer of the said City.

Signed, Sealed and Delivered
In the presence of:

"Samuel McBride," Mayor.

(Corporate Seal)
"H. Reburn," Deputy Treasurer.

H
O

sr
n

» - o

2
p

5^0

0^5

OK,

0^5

>
O

•a
n>
o

O crq

"2. S-

i-t
o

3
rt-
O

O
n

C
o O-

rS 3

VO
to

No. 111.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and widi the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The Municipal Act is amended by striking out of thcRev. stat.,
heading of section 410 the words "and of townships in un- amended.
organized territory," and by adding the following section:

410a. By-laws may be passed by the councils of townships
in unorganized territory;

Width of Sleigh-runners.
1. For providing that no sleigh or other vehicle s'eigh

i- . r • t runners.

upon runners tor the conveyance oi articles
of burden, goods, wares or merchandise, shall
be used by any person on any of the highways
within the municipality unless the runners
thereof measuring from centre to centre are
apart at the bottom at least four feet.

Ill

•-J

■-1

en'

O
w

w
o

H
3.

3.
5'

crq

Pi-

Pi-
to •

3
n>

r
r

0 0-=

1 3

^ <^ "^^

00 a)

It I

No. 112. 1928.

BILL

An Act to amend The Public Service Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Public Service Act, 19Z8.^^'>^-^ 'itie.

2. — (1) The clause lettered b in section 32 of llie Public i'^ev i^ai

c 1 (5 s 32

Service Act is amended by striking out the words "or whooi. &,'
having so served at least twenty-five years is retired from the
public service for any cause other than misconduct or improper
behaviour on his part" in the fourth, fifth, sixth and seventh
lines.

(2) The said section 32 is amended by adding thereto the Rev. siat..

following clause: amended. '

(c) Every person who having attained the age of fifty-
five years and having served at least twenty-five
years continuously in the public service is retired
therefrom by the Lieutenant-Governor in Council for
any cause other than misconduct or improper
behaviour on his part.

3. The clause lettered a in section 45 of The Public ServiceB.ev. stat.,
Act is amended by adding at the end thereof the words "or toci. a.'

a widow where she was married to an employee after the date^"^®" ® '
of his superannuation, or to the children of such widow."

4. This Act shall come into force on the day upon which Commence

1 T% 1 A ment of

it receives tlie Royal Assent. Act.

112

, "n

is'

1^1 "^
'CfQ 3'

;§;

W
O

d
o

^s>

k~»

?i-

l>)

«>

(-t

Pi-

<?».

•*

<s>.

H-k

3*
0)

>
O

00 •/.

O o'

e
3

No. 113.

1928.

BILL

An Act to amend The Mining Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The clause lettered a in subsection 3 of section 60 of The Re/- stat

c 4o s 60

Mining Act is amended by inserting after the w^ord "sub- subs' 3, ci.' a,
section" in the first and second lines thereof the words "or
section 80" so that the clause will now read as follows:

(a) Any affidavit required to be made under this sub-
section, or section 80, may be taken before an
Ontario land surveyor.

2. Section 113 of The Mining Act is repealed and the ^ 75,1!f is.
following substituted therefor:

repealed.

113.— (1) The Lieutenant-Governor in Council rnay ^^f" dredg-
make regulations respecting the issue of leases i"s leases.
authorizing the holders thereof to dredge or work in
any river, stream or lake, or on lands not covered by
water, for the purpose of recovering therefrom
alluvial gold, platinum, precious stones, or other
valuable mineral not in place, and every Order-in-
Council made under this section shall take effect
from the date of the first publication thereof in the
Ontario Gazette.

(2) Every such lease shall provide for the payment in be^inci'uded'*
advance of an annual rental of not less than twenty- ;n dredKing

r 1 1 11 1 r leases.

five cents per acre, and shall not be for a greater
term than ten years, renewable at the expiration
thereof for a further term of not more than ten years,
and every such lease or renewal thereof shall contain
such conditions and provisions as the Lieutenant-
Governor in Council may see fit.

3. The Mining Act is amended by adding thereto the Rev. stat..

amended.

following section :

113

Examination
for presence
of Silicosis.

157a. — (1) Every workman employed underground in
any mine shall be examined by a medical officer
appointed under the provisions of The Workmen s
Compensation Act relatinij to silicosis at least once
in every twelve months, and every applicant for
underground work to whom the certificate mentioned
in subsection 2 has noi been issued shall be so
examined.

Medical
certificate.

Term of
certificate.

Ore or rock
crushing
operations
at surface.

(2) If the medical officer finds upon examination that
the workman is free from tuberculosis of the respira-
tory organs, he shall certify in the prescribed form
that such is the case, and shall deliver the certificate
to the workman.

(3) Every such certificate shall remain in force for not
more than twelve months from the date of issue,
and if so required by the manager or superintendent
of the mine in which the workman is employed, it
shall be delivered to and remain in the custody of
such manager or superintendent during the period
of the workman's employment, and shall be returned
to him on his being discharged from or leaving the
same.

(4) A like certificate shall be required in the case of a
workman engaged in any ore or rock crushing opera-
tion at the surface of the mine except where the ore
or rock is crushed in water or a chemical solution and
is kept constantly in a moistened or wet condition.

(5) Except as provided in subsection 4 a workman as to
whom such a certificate is not in force shall not be
employed in underground work in any mine or in
ore or rock-crushing operations at the surface of
any mine.

Exemptions. (6) The Chief Inspector of Mines may exempt from the

foregoing provisions of this section such mines as
do not contain silica in quantity likely to produce
silicosis, or which for any other good and sufficient
reason the said Chief Inspector deems should be
exempt, nor shall such provisions apply to workmen
employed underground for a less period than fifty
hours in any one calendar month.

Regulations. (7) The Lieutenant-Governor in Council may make

regulations prescribing the nature of the medical
examination to be made and the form of certificate
to be issued under the foregoing provisions of this
section and generally for the better carrying out of
the requirements of this section.

113

Section 2 shall come into force on a day to be named by commenoe-
the Lieutenant-Governor by his proclamation, and Act.
the remainder of the Act shall come into force on
the day upon which the xA.ct receives the Royal
Assent.

)

113

rt"

ft-

ft.

0»!5

O
£>

r5
o

r
r

c O-

■^ 3

No. 114.

1928.

BILL

An Act to amend The Ditches and Watercourses

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Ditches and Watercourses
Act, 1928.

Short lillc.

2. The Ditches and Watercourses Act is amended by adding c. :n6. '

,, ^ .1 r 11 • ^- amended.

thereto the lollowmg section:

326. The council of a township may, by by-law, appoint ment 'of
an inspect,or whose duty it shall be, upon the instruc- ^'^^^J^^^'"' •
tions of the council, to inspect all ditches and from
time to time to report to the council on the condition
of such ditches and to perform such other duties as
the council may require.

3. This Act shall come into force on the day upon which mellTt^i^f"''^'
it receives the Royal Assent. ''^*''-

114

■J.'

n
ft

0^5

(T)

a.
H

^^^

Orq ^ -' £

IsJ

No. 115. 1928.

BILL

An Act to provide for Township Boards of Public
School Trustees.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Township School 5oardLs siiort title.
Act, 1928.

2. From and after the coming into force of this Act, all^hoofsto
the public schools in every township shall be administered ^®j.|^^^"^^"
by a board of trustees to be known as 'The Township Board" township
of public school trustees (A, B, or C) for the township of

(naming township) and such board is hereinafter

referred to as "a township board." In case only one board

is elected in a township, in accordance with the scheme set
forth in section 3, the designation A, B, or C, for the board
shall not be used.

3. A township board shall consist of not less than three Board/—
nor more than ten members to be elected from the school stuuted.
areas in the township determined in the manner hereinafter
provided, —

1. In a township containing only one school section, the ^j°^"''^/y

section shall constitute the school area and the o'^® ^^^^^o*^-
township board shall consist of three trustees to be
elected by the electors in the area;

2. In a township containing only two school sections, ^e®!^^*^®'"*'

each section shall constitute a school area and the sections,
board shall consist of three members, one to be
elected by the electors in each of the areas separately
and the third by the electors in the areas combined;

3. In a township containing not less than three nor niore ^^^^^j.'y^'"®

than ten sections, each section shall constitute a than three
school area and the township board shall be com- than ten

1 r 1. ^1 1 sections.

posed of as many members as there are areas, each
area electing one member;

lis . I

Where there
are not less
than eleven
nor more
than twenty
sections.

In a township containing not less than eleven nor more
than twenty sections the council of the township
shall divide the sections into two groups with as
nearly as possible an equal number of sections in
each, and each of these groups of sections shall elect
a township board. Each school section shall con-
stitute a school area, and each township board shall
be composed of as many members as there are areas,
each area electing one member. The township
council shall designate the two boards A and B,
respectively ;

Where there
are not less
than twenty-
one nor more
than thirty
sections.

Union
section.

Numbering
school areas.

5. In a township containing not less than twenty-one nor

more than thirty sections, the council of the town-
ship shall divide the section into three groups with
as nearly as possible an equal number of sections in
each, and each of these groups of sections shall elect
a township board. Each school section shall con-
stitute a school area, and each township board shall
be composed of as many members as there are areas,
each area electing one member. The township
council shall designate the three boards A, B, and C,
respectively ;

6. In the case of a union section when the part lying

within the township is assessed for at lea^t two-
thirds of the average assessment of the remaining
sections of the township, such part shall be con-
stituted as a section, but if such part is not so
assessed it shall not be constituted as a section for
the purpose of electing a trustee, but shall be at-
tached to such contiguous section in the township as
may be determined by the council ;

7. Every school area shall be designated by a number

assigned by the township council.

Procedure 4 jj^g nomination and election of members of a township

board shall be conducted in the same manner as nearly as
may be and at the same time and place and by the same
officers as nominations and elections for the municipal council.

Qualification 5 Everv ratepayer in the township who is, —

of trustees. j c j

(a) a British subject;

(b) of the full age of twenty-one years;

(d) a residen t of the school area in which he seeks election ;
and

(e) not disqualified by The Public Schools Act, or^o^^-gStat.

any other Act,

may be elected a member of the township board,

6. The clerk of the municipality shall prepare for each p^p ^/g for
school area a separate set of ballot papers containing the each school
names of the candidates in the same form mutatis mutandis as
those used for members of the council and shall provide for
each polling subdivision a sufficient number of ballots to be
used by electors in each school area included in whole or in
part within the subdivision.

t. — (1) Every person whose name appears upon the last^f"JJ^^^*^^*p*°"
revised voters' list as entitled to vote at municipal elections
and who is not a supporter of separate schools shall be
entitled to vote at an election of members to the township
board.

(2) An elector in any school area shall also be entitled to-^g^Q^°*®
vote in any other school area for which he is assessed as a'^''®^.^^®'^®
ratepayer.

(3) The voters' list shall show the number of the school to°show area
area or areas in which each elector is entitled to vote. v^tertcrvote.

(4) A voter, if qualified to vote therein, may vote in each ^^^j-qj.
school area for as many candidates as there are offices to be candidate

1*01* ©ELCh

filled but he shall not vote more than once for any candidate, office.

8. — (1) Except as hereinafter provided "every trustee shall "r®^'^
continue in office for two years and until his successor has
been appointed and a new board organized.

(2) After the first election, one-half of the members, where i^etirement

, ' / ' . ' of half board

the number of elected members is an even number, and the annually.
next number higher than one-half, where the number of
elected members is an odd number, shall continue in office
and the remaining members shall continue in office for one
year and until their successors are elected and a new board
organized.

(3) The members who, under the provisions of subsection ^f^fng who
2, continue in office for one year or for two years shall be shaii retire

Hftor first

determined by lot at the first meeting of the board after election,
their election and such determination shall be entered upon
the minutes.

115

Union
sohoola.

9. — (1) A union school section or a consolidated school
section, including an incorporated village, shall remain under
its present administration.

(2) A union school or a consolidated school not in an
incorporated village, shall be regarded as belonging to the
township in which it is located.

10. — (1) The township board shall determine the schools

Board to
settle right

any sc^hooi. which the pupils shall respectively attend within the town-
ship.

Non-
resident
pupils.

Liability of
township
for non-
resident.

(2) A township board shall have power to arrange with
another board, for the joint maintenance of a school.

(3) A township board shall admit to any school within
the township any non-resident pupil if the inspector reports
that the accommodation is sufficient for the admission of
such pupil and that the school is more accessible for him
than any school in the township in which the pupil resides.

(4) When a pupil residing in one township attends school
in another township, the township board of the township in
which he resides shall each year pay to the township board of
the township where he attends school the cost of the education
of such pupil.

Deter-
mining cost
of education
of non-
resident
pupils.

(5) The cost of the education of non-resident pupils shall
be determined in the following manner, —

The amount spent in permanent improvements, including
the sum included in paying off debentures and the
interest thereon, shall be added to the total cost of
maintenance of the schools of the township; from
this sum shall be deducted the amount apportioned
to the schools of the township out of the Legislative
grant; the remainder shall be divided by the total
number of days' attendance during the year of all
the pupils attending the schools of the township,
and this amount shall be multiplied by the number
of days' attendance during the year of the non-
resident pupils.

Section
boards
dissQlvftd*

11. When a township board has been established all the
assets and liabilities of the boards of the several sections of
the township shall be vested in and assumed by t^e township
board, and an equitable adjustment of these assets and
liabilities amongst the various sections shall be determined
by a board of arbitration consisting of the county or district
judge, the reeve of the township, and the school inspector.

115

12. — (1) A township board shall have mutatis mutandis the have1)ower.s
same powers and duties and shall be subject to the same and perform

,. ; . , , . , t . 1 duties of

conditions with regard to vacancies on the board, controverted urban board,
elections and the resignation of members as are prescribed by
The Public Schools Act, for boards of trustees in urban Rev. stat.
municipalities. *'• ■^^^•

(2) A township board shall have power to make such 'J^r^ns-

r 1 • e '1 » 1- portation

arrangements for the transportation of pupils to and from of pupils.
school as it may deem expedient.

(3) The trustee who represents each school area shall have^^^thmjUy
such authority as may be determined by resolution of the representing
township board over the schools of the area he represents in

regard to repairs, supplies, caretaking, the provision of
substitute teachers and such other matters as the township
board may deem expedient.

13, — (1) Every township board shall hold its first meeting First
in each year on the third Wednesday in January at the hour of each year,
two o'clock in the afternoon, or at such other hour on the same
day and at such place as may have been fixed by resolution
of the former board or, if no place has been fixed, at the usual
place of meeting of the council of the township.

(2) The procedure at such meetings shall be the same as Procedure
nearly as may be as that prescribed by The Public Schools ^ ""®® ^"^*
Act, in the case of meetings of urban school boards.

14. This Act shall come into force and have effect upon commence-
a day to be named by the Lieutenant-Governor by his Pro- Act'!
clamation, and from and after the date so named all the
provisions of The Public Schools Act, which are in-
consistent with the provisions of this Act shall cease to apply
and shall be deemed to be repealed.

115

CO rt- O

o cr ^

M
W
O

w
O

ri-

T3 —

£= ^

t\>

2:3

>«

►>«

51.

o 2

o '^

1— *

H o

(Aj

?C1

??*

•

n> 3-

S'O*

•t

D-

2 0|

rD (J)

No. 116.

1928,

BILL

An Act for the Prevention of Fraud in connection
with the Sale of Securities.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Security Frauds Prevention Short tm«.
Act, 1928.

Interpre-
tations.

2. In this Act —

(a) "Broker" shall mean every person other than a
salesman who engages either for the whole or part
of his time directly or through an agent in the
business of trading in securities and shall include
such officials of a company which trades in securities
as may be designated by Regulations.

(&) "Company" shall include any association, corpora- "Company,
tion, company or other incorporated organization,
whether acting as a trustee or not.

(i) any intentional misrepresentation by word,
conduct or in any manner of any material
fact either present or past, and any intentional
omission to disclose any such fact;

(ii) any promise or repre§entation as to the
future which is beyond reasonable expectation
and not made in good faith ;

(iii) any fictitious or pretended trade in any
security;

(iv) the gaining or attempt to gain, directly or
indirectly, through a trade in any security, a

116

"Person."

"Registrar.

"Regu-
lations."

commission, fee or profit so large and ex-
orbitant as to be unconscionable and un-
reasonable ;

•
(v) generally any course of conduct or business
which is calculated or put forward with intent
to deceive the public or the purchaser of any
security as to the nature of any transaction or
as to the value of such security;

(vi) the making of any material false statement in
any application, information, material or
evidence submitted or given to the Attorney-
General, his representatives or the Registrar
under the provisions of this Act or the
Regulations ;

(vii) the violation of any provision of this Act or
of the Regulations relating to the manner in
which brokers or salesmen shall trade in
securities and anything specifically designated
in the Regulations as coming within the
meaning of this definition;

(viii) any artifice, agreement, device or scheme to
obtain money, profit or property by any of
the means hereinbefore set forth or otherwise
contrary to law.

(d) "Person" shall mean an individual, partnership,
association, syndicate and any unincorporated or-
ganization whether acting as a trustee or not.

(g) "Registrar" shall mean the person appointed by the
Lieutenant-Governor in Council to act as Registrar
under the provisions of this Act and the Regulations.

(f) "Regulations" shall mean the regulations made from
time to time by the Lieutenant-Governor in Council
under the provisions of this Act.

"Salesman." (g) "Salesman" shall mean every person, other than a

broker, employed, appointed or authorized by any
broker or company to trade in securities whether
directly or through sub-agents.

"Security." (^) "Security" shall, subject to the provisions of sub-

section 3 of section 3, include any document or
instrument commonly known as a security, every
documentary evidence of indebtedness or evidence

116

representing or secured by some title to or interest
in the capital, assets, property, profits, earnings or
royalties of any person or company or evidence of
any option upon a security and anything designated
as a security by the Regulations.

(i) "Trade" or "Trading" shall, subject to the provisions "Trade."
of subsection 3 of section 3, include any disposition
of, transaction in, or attempt to deal in, sell or
dispose of a security or interest in or option upon a-
security for any valuable consideration whether the
terms of payment be upon margin, instalment or
otherwise, and any underwriting of any issue or part
of an issue of a security, and any act, advertisement,
conduct or negotiation directly or indirectly in
furtherance of any of the foregoing or specifically
designated as "trade" or "trading" in the Regu-
lations.

(j) "Trustee" shall mean a person, or a company, as "Trustee."
the case may be, executing a trust expressly created
by or declared in an instrument in writing other than
a will or court order or judgment, where such trust
is to carry on any business or to secure the payment
or repayment of money.

PART I.

Registration of Brokers and Salesmen.

3. — (1) No person shall trade in any security nor act as an Brokers and
official or salesman of or on behalf of any company in con- be regis-
nection with any trade in any security by such company
unless he, or the company, is registered as a broker or salesman
under the provisions of this Act and the Regulations, and any
violation of this section shall constitute an offence.

(2) With the approval of the Attorney-General any com- Company
pany may be registered as a broker, whereupon it may trade registered as
in securities and the officials of such company, other than^
branch managers, may act as such without separate regis-
tration, and the provisions of this Act and the regulations
relating to registered brokers shall be deemed to apply to

such company.

(3) Subsections 1 and 2 shall not apply to any person in Exemptions,
respect of any of the following classes of trades or securities, —

(a) A trade in a security taking place at a judicial, J^j^°'**
executor's, administrator's, guardian's or committee's .

116

R.S.C. «
(Dom.),
R*v. Stat.
00. 88, 218.

Isolated
tranBactlous
by owner.

sale, or at a sale by an authorized trustee or assignee,
an interim or official receiver or a custodian under
The Bankruptcy Act, a receiver under The Judicature
Act, or a liquidator under The Companies Act.

(b) An isolated trade in a specific security by or on
behalf of the owner, for the owner's account, where
the owner is not the issuer or underwriter of the
security nor the recipient thereof directly or in-
directly from the issuer for any consideration in
whole or in part other than money, where such trade
is not made in the course of continued and successive
transactions of a like character.

Banks, etc.,
Crown,
municipal
and public
officials, and
registered
persons, etc.

(c) A trade where one of the parties is a bank, loan
company, trust company or insurance company, or
is an official or employee, in the performance of his
duties as such, of His Majesty in right of the
Dominion or any province or territory of Canada
or of any municipal corporation, or public board or
commission in Canada or is a person or company
registered under the provisions of this Act.

Sale by
pledgee for
debt.

(d) A trade by or for the account of a pledgee or mort-
gagee for the purpose of liquidating a bona fide debt
by selling or offering for sale or delivery in good faith
in the ordinary course of business a security pledged
in good faith as security for such debt.

stock

dividends,

•to.

(e) The distribution, issuance or sale by a company
exclusively to the holders of its securities of capital
stock, bonds or other securities as a stock dividend or
other distribution out of earnings or surplus, or in
the process of a bona fide re-organization of the
company, or of additional capital stock where no
commission or other remuneration is paid or given
in connection therewith.

Exchange
on merger.

(/) The exchange by or on account of one company with
another company of its own securities in connection
with a consolidation, amalgamation or merger of
either company.

Prospector's
"grubstake"
or share in
claim.

(g) A trade in good faith by an actual prospector of a
security issued by him for the purpose of financing a
prospecting expedition, or for the purpose of dis-
posing of any of his interest in a mining claim or
property staked by or wholly or partly owned by

116

(h) Securities in which trust funds may lawfully be'^'""**-
invested in Ontario.

(i) Bonds or notes secured by mortgage upon real Secured
estate or tangible personal property where the
entire mortgage, together with all of the bonds or
notes secured thereby are sold at the one time.

(J) Negotiable promissory notes or commercial paper ^^^^^j*^**^^*
maturing not more than a year from the date of
issue.

(k) Securities evidencing indebtedness due under any ^1°^^^^^^^^
contract made pursuant to the provisions of any conditional
statute of any province of Canada providing for the
acquisition of personal property under conditional
sales contracts.

(/) Securities issued by a person or company organized |^^^^Q°g^j._
exclusively for educational, benevolent, fraternal, shewing ^^^
charitable, or ' recreational purposes and not for
pecuniary profit, where no part of the net earnings
thereof enure to the benefit of any security holder.

(w) Any class of trade or security specifically exempted securities
from the application of subsections 1 and 2 of thisby^^^gu-
section by the Regulations. lations.

4. — (1) Unless the Attorney-General otherwise directs the ^j®^^*?*'"^g*^°"
Registrar may within ten days after the receipt by him of any days^uniess
application for registration cause to be entered in a book General
kept for such purpose and open to public inspection, herein-
after called the "Register," the name and address for service
of such applicant, whereupon such applicant shall be deemed
to be registered as a broker or salesman as the case may be.

(2) The Registrar may upon the direction of the Attorney- ^gi^fra'tlon
General or his representative authorized in writing cause a
temporary entry to be made, designated as such, in the
register, subject to cancellation at any time upon the order

of the Attorney-General.

(3) Registrations shall expire, and may be changed or^hange*ank
renewed as the Regulations shall provide. renewal of

" ^ registration.

6. — (1) Every application under this Act or the Regulations t^'^Kifpon"
shall be made in writing upon the forms provided by the ^'J.^^^j.^^^'^
Registrar, and shall be accompanied by the fee prescribed by and bonds,
the Regulations and such bond as may be required.

116

Address
for service.

(2) Every applicant, -whether (iomiciled in Ontario or not,
shall state in every application an address for service in
Ontario, and all notices under this Act or the Regulations and
all legal process issued by or on behalf of any person or com-
pany shall be sufficiently served for all purposes if posted by
registered mail to the applicant at the latest address for
service so stated, and in the cast of a non -registered company
where the officials are registered to the latest address of the
person registered as the senior official of such company in
Ontario.

Further in-
formation.

(3) The Registrar may from time to time and shall when so
directed by the Attorney-General require any further in-
formation or material to be submitted by any applicant or
any registered person or company within a specified time
limit and may require verification by affidavit or otherwise
of any matter then or previously submitted.

$500 bond
by every
broker and
applicant.

Bond

by a surety
company if
required.

6. — (1) Every applicant for registration as a broker shall
before registration submit a bond by the applicant or the
person or company he represents as the Registrar may
require, such bond to be in the sum of $500 and in such form
and upon such condition as the Regulations shall prescribe.

(2) The Registrar may and when so directed by the
Attorney-General shall require any applicant or any registered
person or company within a specified time limit to deliver a
bond by a surety company approved by the Attorney-General
in such form and upon such condition as the Regulations shall
prescribe, and in such amount as the Regulations or the
Attorney-General shall require.

New bond.

(3) The Registrar may and when so directed by the
Attorney-General shall require a new bond of the kind men-
tioned in subsections 1 or 2 to be filed within a specified time
limit.

Forfeiture
of bonds.

T. — (1) Any bond mentioned in section 6 shall be forfeit
and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar the Attorney-General's certificate
that the person or company in respect of whose conduct the
bond is conditioned, or any official, employee or salesman of
such company has, in connection with a trade in a security,
been, —

$500 bond.

(a) in the case of the bond mentioned in subsection 1 of
section 6,

116

(i) charged with any criminal offehce, or,

(ii) found upon investigation by the Attorney-
General or his representative to have com-
mitted a fraudulent act, or

(b) in the case of the liond inentioned in subsection 2 of P°"'^ ^
' . by surety

section 6, company.

(i) con\'icted of a criminal ofifence, or

(ii) convicted of an offence against any provision
of this Act or the Regulations, or

(iii) enjoined by the Supreme Court or a Judge
thereof otherwise than by an interim in-
junction.

(2) The Attorney-General may assign any bond forfeited ^f bond^®"*

under the provisions of subsection 1, or may pay over any payment of

. , , , 1 monies to

monies required thereunder to any person, or to the accountant creditors.

of the Supreme Court in trust for such persons and corhpanies

as may become judgment creditors of the person or company

bonded, or to any trustee, custodian, interim receiver, receiver

or liquidator of such person or company as the case may be,

such assignment or payment over to be in accordance with

and upon conditions set forth in the Regulations or in any

special order of the Lieutenant-Governor in Council.

8. — (1) The Attorney-General may order that, — General^'

orders con-

(a) any application for registration, renewal or change of ° t^'^Y'^ltions
registration shall or shall not be granted for any

reason which he may deem sufficient, or that

(b) the application of any person for registration shall ^a^^^**^^

not be granted where it appears that such person
proposes to use or is using a trading name other
than his own, or that of his partner, where such
trading name is apt to lead the public to believe it
is that of a business firm of longer established stand-
ing in Ontario, or is calculated to conceal from the
public the identity of the applicant, or is for any
reason objectionable, or that

suspended or cancelled for any reason which he may
deem sufficient, or that

(d) the registration of any person or company shall be Suspension

suspended for any period or cancelled by reason ofiationfor

default.

116

SuBpenoton
under Part
II.

default in filing a bond when required under the
provisions of subsections 2 and 3 of section 6, or
that

(e) the registration of any person or company shall be
suspended as provided in section 10,

and no order of the Attorney-General shall be subject to
review in any way in any court.

(2) The Registrar upon receiving any order of the Attorney-
General suspending or cancelling any registration shall cause
immediate entry thereof to be made in the register whereupon
the suspension or cancellation shall become effective forthwith,
but notice thereof and of the refusal of any application shall be
sent to the person or company concerned.

applications. (^) Notwithstanding any order of the Attorney-General a
further application may be made upon new or other material,
or where it is clear that material circumstances have changed.

PART II.
Investigation and Action by the Attorney-General.

Entry or
suspension
or cancel-
lation.

Investi-
gation by
Attorney-
General.

Failure to
give infor-
mation, etc.
an offence
and also
prima facie
•vidence.

9. — (1) The Attorney-General, or any person to .whom as
his representative he may in writing delegate such authority,
may examine any person or thing whatsoever at any time in
order to ascertain whether any fraudulent act, or any offence
against this Act or of the Regulations has been, is being, or is
about to be committed, and for such purpose shall have the
same power to summon and enforce the attendance of wit-
nesses and compel them to give evidence on oath and to pro-
duce documents, records and things as is vested in the.
Supreme Court or a Judge thereof for the trial of civil cases.

(2) The failure without reasonable excuse of any person or
company to furnish information required by the Registrar
under Part I within the time limited, or the failure without
reasonable excuse of any person summoned for examination
under subsection 1 to appear or his refusal to give evidence,
or to answer any question, or the failure without reasonable
excuse or refusal of any person or company to produce any-
thing where the evidence, answer or production would be
required in an action shall constitute an offence and shall
also be prima facie evidence upon which, —

(a) the Attorney-General, or his representative, may
base an affirmative finding concerning any fraudulent
act to which he may deem it relevant, or

116

(b) the Supreme Court, or a Judge thereof, may grant an
interim or permanent injunction, or

offence against this Act or the Regulations.

(3) Disclosure by any person other than the Attorney- ^Jj^^'^^l
General, his representative or the Registrar, without the disclosed,
consent of any one of them, of any information or evidence
obtained or the name of any witness examined or sought to be
examined under subsection 1 shall constitute an offence.

10. If the Attorney-General or his representative upon Attorney-
investigation finds that any fraudulent act, or that anySay^"^^^
offence against this Act or the Regulations, has been, is being,
or is about to be committed, the Attorney-General may, —

(a) where a registered broker, company or salesman is in suspend
his opinion concerned therein, order that the broker, days
company or salesman and any other registered
broker, company or salesman connected with the
same organization, shall be suspended from regis-
tration for any period not exceeding ten days, or

(b) where the Attorney-General considers a suspension and proceed

for ten days inadequate, or where any unregistered tioA"^""*^"
person or company is in his opinion concerned in
such fraudulent act or in such offence, he may
proceed under the provisions of section 1 1 , or, other-
wise under this Act or the Regulations.

11. — (1) The Supreme Court or any Judge thereof is supreme
hereby empowered upon the application of the Attorney- Judge may
General, where it is made to appear upon the material filed or tmdin/^in"^
evidence adduced that any fraudulent act, or any offence ^®*'"'''**®^
against this Act or the Regulations has been, is being or is
about to be committed may by order enjoin, —

(a) any registered broker, company or salesman or any
person or company implicated with any of them in
the same matter from trading in any security what-
ever for such period as shall seem just, and any such
injunction shall ipso facto suspend the registration of
any registered person or company named in the order
during the same period, or

(b) any person or company from trading in any security

whatever, or in any specific security, or from com-
mitting any specific fraudulent act or series of
fraudulent acts.

116

may be eir" ("^^ ^ ^^® application of the Attorney-General under sub-
part section 1 may be made without issuance or service of a writ
of summons, either, —

or by

originating

notice.

(a) by an ex parte motion for an interim injunction which
shall, if granted, remain in full force for ten days
from the date thereof unless the time is extended or
the originating motion mentioned in clause b hereof
is sooner heard and determined, or

(6) by an originating notice of motion, which, if an
interim injunction has been granted, shall be served
. within five and returnable within ten days from the
date of such interim injunction.

Consolidated (3) All proceedings under this section, whether ex parte or
Practice and by originating notice including appeals therefor, shall be
uf appiy\^ conducted in accordance with the provisions of The Jtidicature
Rev Stat. -^^^ ^^^ the Consolidated Rules of Practice and Procedure
c. 88. made thereunder as far as the same are applicable to proceed-

ings of a like nature, save that service of the originating
notice shall be in accordance with subsection 2 of section 5,
and save that costs may be awarded to but not against the
Attorney-General .

Evidence.

Rev. Stat.
c. 107,

(4) Any information, evidence, exhibit or thing obtained by
the Attorney-General or his representative or the Registrar
under the provisions of this Act or the Regulations, or copies
thereof, certified by the Attorney-General or the Registrar
shall, so far as relevant, be receivable in evidence for all
purposes in any action, proceeding or prosecution and, in
proceedings under this section only, the evidence of a witness
may be used against him notwithstanding anything in The
Evidence Act contained.

Attorney-
General
may order
funds, etc.,
to be held

12. — (1) The Attorney-General may, —

(a) when he is about to examine or during or after the
examination of any person or company under the
provisions of section 9, or

(6) when he is about to apply for or has applied for or
has obtained an injunction interim or otherwise
against any person or company under the provisions
of section 11, or

(c) where criminal proceedings which in his opinion are
connected with or arise out of any security or any
trade therein, or out of any business conducted by
the accused are about to be or have been instituted
against any person,

116

11 ,

in writing direct any person or company having on deposit or
under control or for safe keeping any funds or securities of the
person or company so to be or actually examined, enjoined or
charged, to hold such funds or securities in trust for any
interim receiver, custodian, trustee, receiver or liquidator
appointed under the provisions of The Bankruptcy Act, The
Judicature Act or The Companies Act, or until the Attorney-
General in writing revokes such direction, and failure by any
person or company to comply with such direction shall
constitute an offence.

(2) The Attorney-General, whenever His Majesty becomes ^j^^g^^J^.
a creditor of any person or company in respect of a debt to ceedfngs "^etc
the Crown arising from the provisions of sections 6 and 7,
may take such proceedings as he shall see fit under The j^ g ^ ^j ^
Bankruptcy Act, The Judicature Act or The Companies Act for^i^om J. '
the appointment of an interim receiver, custodian, trustee, cc. 88, 218.
receiver or liquidator as the case may be.

PART III.

General Provisions.

13. — (1) A judge of the Supreme Court in exercising anyju^ge
of the powers conferred upon such judge by this Act shall ^^'aeaignata^"'
deemed so to act as a judge of such court and not as persona
designata.

(2) The Attorney-General shall in all proceedings under nor
this Act or the Regulations be deemed to be acting as the oenerat?'^'
representative of His Majesty in the right of the Province of
Ontario, and not a^ persona designata.

14. — (1) No action whatever, and no proceedings by way ^0 action,
of injunction, mandamus, prohibition or other extraordinary pg^g-^^l^^^^*
remedy shall lie or be instituted against any person whether rnmistering
in his public or private capacity in respect of any act or
omission in connection with the administration or carrying
out of the provisions of this Act or the Regulations where such
person is the Attorney-General or his representative, or the
Registrar or where such person was proceeding under the
written or verbal direction or consent of any one of them.

15. The Lieutenant-Governor in Council may make and Regulations,
from time to time amend, alter or repeal regulations not in- powers,
consistent with this Act for the better carrying out of the
provisions of this Act, for the more efficient administration
thereof and for the prevention of fraud in trading in securities
whether upon any stock exchange or elsewhere in Ontario,

116

for the creation of offences, and for any other purpose else-
where indicated in this Act, and all such regulations and an\
amendment, alteration or repeal thereof shall become effective
in all respects as if enacted in this Act upon the publication
thereof in the Ontario Gazette.

Penalties.

Rev. Stat.
c. 121.

16. — (1) Every person who violates any provision of this
Act or the Regulations designated as an offence, or who does
any fraudulent act not punishable under the provisions of
the Criminal Code of Canada, shall be liable upon conviction
thereof under The Summary Convictions Act to a penalty of
not more than $1,000 for a first offence, nor $2,000 for a
second or subsequent offence, and in case of either a first or a
subsequent offence either in default of payment of any penalty
imposed, or in addition to such penalty, to imprisonment for a
term not exceeding six months.

Companies.

(2) The provisions of subsection 1 shall be deemed to apply
mutatis mutandis, to any company save that the money
penalties may be increased in the discretion of the magistrate
to a sum not exceeding $25,000.

Consent
of the
Attorney-
General
required.

(3) No proceedings under this section shall be instituted
except with the consent or under the direction of the Attorney-
General.

Expenses.

Rev. Stat.
c. 25.

IT. Section 17 of The Audit Act shall apply in respect of
any legislative appropriation for the administration of this
Act.

Commenoe-
ment of
Act.

18. This Act shall come into force on a day to be named
by the Lieutenant-Governor in his Proclamation.

116

3 2. ?cl

en v; "

n
n

pi.

Pi.

\0 OK)

to "

^ < r
CO 2 r'

O 3

C/3

•-t

3"!

D-

O 6

No. 116. 1928.

BILL

An Act for the Prevention of Fraud in connection
with the Sale of Securities.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Security Frauds Prevention Short title.
Act, 1928.

2 In this Act- J-;fX«-

(a) "Broker" shall mean every person other than a
salesman who engages either for the whole or part
of his time directly or through an agent in the
business of trading in securities and shall include
such officials of a company or partnership which
trades in securities as may be designated by the
Regulations.

(&) "Company" shall include any association, corpora- "Company,
tion, company or other incorporated organization,
whether acting as a trustee or not.

(i) any intentional misrepresentation by word,
conduct or in any manner of any material
fact either present or past, and any intentional
omission to disclose any such fact ;

(ii) any promise or representation as to the
future which is beyond reasonable expectation
and not made in good faith;

(iii) any fictitious or pretended trade in any
security;

(iv) the gaining or attempt to gain, directly or
indirectly, through a trade in any security, a

116

commission, fee or profit so large and ex-
orbitant as to be unconscionable and un-
reasonable ;

(v) generally any course of conduct or business
which is calculated or put forward with intent
to deceive the public or the purchaser of any
security as to the nature of any transaction or
as to the value of such security;

(vi) the making of any material false statement in
any application, information, material or
evidence submitted or given to the Attorney-
General, his representative or the Registrar
under the provisions of this Act or the
Regulations; or in any prospectus or return
filed with the Provincial Secretary.

"Person."

"Registrar.'

"Regu-
lations."

(viii) any artifice, agreement, device or scheme to
obtain money, profit or property by any of
the means hereinbefore set forth or otherwise
contrary to law.

{d) "Person" shall mean an individual, partnership,
association, syndicate and any unincorporated or-
ganization whether acting as a trustee or not.

(e) "Registrar" shall mean the person appointed by the
Lieutenant-Governor in Council to act as Registrar
under the provisions of this Act and the Regulations.

(0 "Regulations" shall mean the regulations made from
time to time by the Lieutenant-Governor in Council
under the provisions of this Act.

"Salesman." {g) "Salesman" shall mean every person employed,

appointed or authorized by any broker or company
to trade in securities whether directly or through
sub-agents.

"Security." (Ji) "Security" shall, subject to the provisions of sub-

section 3 of section 3, include any document or
instrument commonly known as a security, every

116

documentary evidence of indebtedness or evidence
representing or secured by some title to or interest
in the capital, assets, property, profits, earnings or
royalties of any person or company, evidence of
membership in an association oj heirs or evidence of •
any option upon a security and anything designated
as a security by the Regulations.

{i) "Trade" or "Trading" shall, subject to the provisions "Trade."
of subsection 3 of section 3, include any disposition
of, transaction in, or attempt to deal in, sell or
dispose of a security or interest in or option upon a
security for any valuable consideration whether the
terms of payment be upon margin, instalment or
otherwise, and any underwriting of any issue or part
of an issue of a security, and any act, advertisement,
conduct or negotiation directly or indirectly in
furtherance of any of the foregoing or specifically
designated as "trade" or "trading" in the Regu-
lations.

PART I.

Registration of Brokers and Salesmen.
-(1) No person shall, —

(a) trade in any security unless he is registered as a Brokers,

, , , officials and

broker or salesman, or salesmen to

regi ter.

{b) act as an ofiicial of or on behalf of any partnership or
company in connection with any trade in any
security by the partnership or company, unless he
or the partnership or company is registered as a
broker,

(c) act as a salesman of or on behalf of any partnership
or company in connection with any trade in any
security by the partnership or company, unless he is
registered as a salesman,

and such registrations have been made in accordance with
the provisions of this Act and the Regulations, and any
violation of this section shall constitute an offence.

116

Partnership
or ompany
may be
registered.

(2) With the approval of the Attorney-General, any
partnership or company may be registered as a broker,
whereupon the partnership or company may trade in
securities, and the members and officials of the partnership,
and the officials of the company other than branch managers
or salesmen of the partnership or company, may act as such
without separate registration, and the provisions of this Act,
and of the Regulations relating to registered persons or
companies, shall be deemed to apply to such partnership or
company."

Exemptions.

Judicial
sales.

R.S.C. CO.
11,213.
(Dom.),
Rev. Stat.
CO. 88, 218.

(3) Subsections 1 and 2 shall not apply to any person in
respect of any of the following classes of trades or securities, —

(a) A trade in a security taking place at a judicial,
executor's, administrator's, guardian's or committee's
sale, or at a sale by an authorized trustee or assignee,
an interim or official receiver or a custodian under
The Bankruptcy Act, a receiver under The Judicature
Act, or a liquidator under The Companies Act or
The Winding Up Act.

Isolated
transactions
by owner.

(b) An isolated trade in a specific security by or on
behalf of the owner, for the owner's account, where
such trade is not made in the course of continued
and successive transactions of a like character.

Banks, etc.,
Crown,
municipal
and public
officials, and
registered
persons, etc.

(c) A trade where one of the parties is a bank, loan
company, trust company or insurance company, or
is an official or employee, in the performance of his
duties as such, of His Majesty in right of the
Dominion or any province or territory of Canada
or of any municipal corporation, or public board or
commission in Canada or is registered as a broker
under the provisions of this Act.

Sale by
pledgee for
debt.

Stock

dividends,

etc.

(e) The distribution, issuance or sale by a company

exclusively to the holders of its securities of capital
stock, bonds or other securities as a stock dividend or
other distribution out of earnings or surplus, or in
the process of a bona fide re-organization of the
company, or of additional capital stock where no
commission or other remuneration is paid or given
in connection therewith.

116

(/) The exchange by or on account of one company with on^e?/e1-
another company of its own securities in connection
with a consolidation, amalgamation or merger of
either company.

(g) A trade in good faith by an actual prospector of a Prospector's
security issued by him for the purpose of financing a or share^n
prospecting expedition, or for the purpose of dis-°^°'*°^'
posing of any of his interest in a mining claim or
property staked by or wholly or partly owned by
him.

(h) Securities in which trust funds may lawfully be Trust,
invested in Ontario.

(i) Bonds or notes secured by mortgage upon real bond's^**
estate or tangible personal property where the
entire mortgage, together with all of the bonds or
notes secured thereby are sold at the one time.

(J) Negotiable promissory notes or commercial paper ^^®^°j,*^^'^^®
maturing not more than a year from the date of
issue.

(k) Securities evidencing indebtedness due under any ^1^^^*^*^^^^
contract made pursuant to the provisions of any co^J^ditionai
statute of any province of Canada providing for the
acquisition of personal property under conditional
sales contracts.

(I) Securities issued by a person or company organized non-pro°fft-
exclusively for educational, benevolent, fraternal, sharing

■^ . companies.

charitable, or recreational purposes and not for
pecuniary profit, where no part of the net earnings
thereof enure to the benefit of any security holder.

(m) Any class of trade or security specifically exempted ^^^*|.f^j°J
from the application of subsections 1 and 2 of this exempted
section by the Regulations. lations.

4. — (1) Unless the Attorney-General otherwise directs the Registration
Registrar may within ten days after the receipt by him of any diys^unfess
application for registration cause to be entered in a book ^^^^^gr^^^'
kept for such purpose and open to public inspection, herein- objects,
after called the "Register," the name and address for service
of such applicant, whereupon such applicant shall be deemed
to be registered as a broker or salesman as the case may be.

(2) The Registrar may upon the direction of the Attorney- ^g^frTuon.
General or his representative authorized in writing cause a

116

temporary entry to be made, designated as such, in the
register, subject to cancellation at any time upon the order
of the Attorney-General.

Expiration,
change and
renewal of
registration.

Application
to be upon
forms wLtli
proper fees
and bonds.

Address
for service.

(3) Registrations shall expire, and may be changed or
renewed as the Regulations shall provide.

5. — (1) Every application under this Act or the Regulations
shall be made in writing upon the forms provided by the
Registrar, and shall be accompanied by the fee prescribed by
the Regulations and such bond as may be required.

(2) Every applicant, whether domiciled in Ontario or not,
shall state in every application an address for service in
Ontario, and all notices under this Act or the Regulations and
all legal process issued by or on behalf of any person or com-
pany shall be sufficiently served for all purposes if posted by
registered mail to the applicant at the latest address for
service so stated, and in the case of a non -registered company
where the officials are registered to the latest address of the
person registered as the senior official of such company in
Ontario.

Further in-
formation.

$500 bond
by every
broker and
applicant.

Bond

by a surety
company if
required.

New bond.

(3) The Registrar may and when so directed by the
Attorney-General shall require a new bond of the kind men-
tioned in subsections 1 or 2 to be filed within a specified time
limit.

Forfeiture
of bonds.

T. — (1) Any bond mentioned in section 6 shall be forfeit
116

and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar the Attorney-General's certificate
that the person or company in respect of whose conduct the
bond is conditioned, or any official, employee or salesman of
such company has, in connection with a trade in a security,
been, —

(a) in the case of the bond mentioned in subsection 1 of $500 bond.

section 6,

(i) charged with any criminal offence, or,

(ii) found upon investigation by the Attorney-
General or his representative to have com-
mitted a fraudulent act, or

(b) in the case of the bond mentioned in subsection 2 of Jo"*^ .

^ '' by surety

section 6, company.

(i) convicted of a criminal offence, or

(ii) convicted of an offence against any provision
of this Act or the Regulations, or

(iii) enjoined by the Supreme Court or a Judge
thereof otherwise than by an interim in-
junction.

(2) The Attorney-General may assign any bond forfeited ^f bondo*!^*

under the provisions of subsection 1, or may pay over any payment of

. , , , 1 monies to

monies required thereunder to any person, or to the accountant creditors.

of the Supreme Court in trust for such persons and companies

as may become judgment creditors of the person or company

bonded, or to any trustee, custodian, interim receiver, receiver

or liquidator of such person or company as the case may be,

such assignment or payment over to be in accordance with

and upon conditions set forth in the Regulations or in any

special order of the Lieutenant-Governor in Council.

8.— (1) The Attorney-General may order that,— oen^emFs'

orders con-
(a) any application for registration, renewal or change of ap'^Hcations.
registration shall or shall not be granted for any
reason which he may deem sufficient, or that

(6) the application of any person for registration shall ^alnesr^*
not be granted where it appears that such person
proposes to use or is using a trading name other
than his own, or that of his partner, where such

116

trading name is apt to lead the public to believe it
is that of a business firm of longer established stand-
ing in Ontario, or is calculated to conceal from the
public the identity of the applicant, or is for any
reason objectionable, or that

Temporary

entries.

(c) any temporary entry in the register shall be made,
suspended or cancelled for any reason which he may
deem suflticient, or that

Suspension
or cancel-
lation for
default.

(d) the registration of any person or company shall be
suspended for any period or cancelled by reason of
default in filing a bond when required under the
provisions of subsections 2 and 3 of section 6, or
that

Suspension
under Part
II.

(g) the registration of any person or company shall be
suspended as provided in section 10,

Entry or
suspension
or cancel-
lation.

and no order of the Attorney-General shall be subject to
review in any way in any court.

TpSkfa'tions. (3) Notwithstanding any order of the Attorney-General a
further application may be made upon new or other material,
or where it is clear that material circumstances have changed.

Investi-
gation by
Attorney-
General.

Failure to
give infor-
mation, etc.
an offence
and also
prima facie
evidence.

PART II.

Investigation and Action by the Attorney-General.

9. — (1) The Attorney-General, or any person to whom as
his representative he may in writing delegate such authority,
may examine any person or thing whatsoever at any time in
order to ascertain whether any fraudulent act, or any offence
against this Act or of the Regulations has been, is being, or is
about to be committed, and for such purpose shall have the
same power to summon and enforce the attendance of wit-
nesses and compel them to give evidence on oath and to pro-
duce documents, records and things as is vested in the.
Supreme Court or a Judge thereof for the trial of civil cases.

(2) The failure without reasonable excuse of any person or
company to furnish information required by the Registrar
under Part I within the time limited, or the failure without

116

reasonable excuse of any person summoned for examination
under subsection 1 to appear or his refusal to give evidence,
or to answer any question, or the failure without reasonable
excuse or refusal of any person or company to produce any-
thing where the evidence, answer or production would be
required in an action shall constitute an offence and shall
also be prima facie evidence upon which, —

(a) the Attorney-General, or his representative, may
base an affirmative finding concerning any fraudulent
act to which he may deem it relevant, or

(6) the Supreme Court, or a Judge thereof, may grant an
interim or permanent injunction, or

(3) Disclosure by any person other than the Attorney- Evidence
General, his representative or the Registrar, without the disclosed.
consent of any one of them, of any information or evidence
obtained or the name of any witness examined or sought to be
examined under subsection 1 shall constitute an offence.

10. If the Attorney-General or his representative upon Attorney-
investigation finds that any fraudulent act, or that anyj^l^®""^^
offence against this Act or the Regulations, has been, is being,
or is about to be committed, the Attorney-General may, —

(a) where a registered broker, company or salesman is in suspend
his opinion concerned therein, order that the broker, days^^'^ ^^^
company or salesman and any other registered
broker, company or salesman connected with the
same organization, shall be suspended from regis-
tration for any period not exceeding ten days, or

{b) where the Attorney-General considers a suspension ^nd proceed
for ten days inadequate, or where any unregistered [i^n"^"'^^"
person or company is in his opinion concerned in
such fraudulent act or in such offence, he may
proceed under the provisions of section 11, or, other-
wise under this Act or the Regulations.

, . , . • J- -J 1 u of fraud,

advertisement or otherwise or to any individual by

letter or otherwise, whenever he deems it advis-
able.'

11. — (1) The Supreme Court or any Judge thereof is supreme
hereby empowered upon the application of the Attorney- Judge may

116

from
trading in
seourities.

General, where it is made to appear upon the material filed or
evidence adduced that any fraudulent act, or any offence
against this Act or the Regulations has been, is being or is
about to be committed may by order enjoin, —

{a) any registered broker, company or salesman or any
person or company implicated with any of them in
the same matter from trading in any security what-
ever absolutely or for such period oj time as shall seem
just, and any such injunction shall ipso facto
suspend the registration of any registered person or
company named in the order during the same period,
or

{b) any person or company from trading in any security
whatever, or in any specific security, or from com-
mitting any specific fraudulent act or series of
fraudulent acts absolutely or for such period of time
as shall seem just.

may^beS" (2) The application of the Attorney-General under sub-
parte scction 1 may be made without any action being instituted,

either,—

or by-
originating
notice.

{b) by an originating notice of motion, which, if an
interim injunction has been granted, shall be served
within five and returnable within ten days from the
date of such interim injunction.

Evidence.

Rev. Stat,
c. 107.

(3) Any information, evidence, exhibit or thing obtained by
the Attorney-General or his representative or the Registrar
under the provisions of this Act or the Regulations, or copies
thereof, certified by the Attorney-General or the Registrar
shall, so far as relevant, be receivable in evidence for all
purposes in any action, proceeding or prosecution and, in
proceedings under this section only, the evidence of a witness
may be used against him notwithstanding anything in The
Evidence Act contained.

Attorney-
General
may order
funds, etc.,
to be held

12. — (1) The Attorney-General may, —

(a) when he is about to examine or during or after the
examination of any person or company under the
provisions of section 9, or

116

(b) when he is about to apply for or has applied for or

has obtained an injunction interim or otherwise
against any person or company under the provisions
of section 11, or

connected with or arise out of any security or any
trade therein, or out of any business conducted by
the accused are about to be or have been instituted
against any person,

t^*in writing or by telegram direct any person or company
having in Ontario on deposit or under control or for safe
keeping any funds or securities of the person or company so
to be or actually examined, enjoined or charged, to hold
such funds or securities in trust for any interim receiver,
custodian, trustee, receiver or liquidator appointed under the
provisions of The Bankruptcy Act, The Judicature Act, The
Companies Act or The Winding Up Act, or until the Attorney-
General in writing revokes such direction or consents to re-
lease any particular fund or security from such direction, and
failure without reasonable excuse by any person or company
to comply with any such direction shall constitute an offence,
provided that no such direction shall apply to funds or proviso,
securities in a stock exchange clearing house nor to securities
in process of transfer by a transfer agent unless such direction
expressly so states, and in the case of a bank, loan or trust
company the direction shall only apply to the offices, branches
or agencies thereof named in the direction.

(2) Any person or company in receipt of a direction given ^?^direct?on
under subsection 1, if in doubt as to the application of such
direction to any funds or security, or in case of a claim being
made thereto by any person or company not named in such
direction, may apply to the Supreme Court or a judge thereof
who may direct the disposition of such fund or security and
may make such order as to costs as may seem just.

(3) The Attorney-General, whenever His Majesty becomes ^nd^may^^

a creditor of any person or company in respect of a debt to ruptcy pro-
,^ . . r 1 •• f- ^ i>7 ceedings, etc.

the Crown arismg from the provisions ot sections 6 and 7,

may take such proceedings as he shall see fit under ^^e

Bankruptcy Act, The Judicature Act, The Companies Act orii,2i3.

The Winding Up Act for the appointment of an interim Rev"^stat.

receiver, custodian, trustee, receiver or liquidator as the°°*

case may be.

116

PART III.

Judge

not persona

designata

nor

Attorney-
General.

General Provisions.

13. — (1) A judge of the Supreme Court in exercising any
of the powers conferred upon such judge by this Act shall be
deemed so to act as a judge of such court and not as persona
designata.

(2) The Attorney-General shall in all proceedings under
this Act or the Regulations be deemed to be acting as the
representative of His Majesty in the right of the Province of
Ontario, and not as persona designata.

Judicature
Act and
Rules apply
Rev. Stat.,

(3) The provisions of The Judicature Act and the Con-
solidated Rules of Practice and Procedure made thereunder
so far as they are applicable to proceedings of a like nature,
including those relating to appeals and to the enforcement of
judgments and orders, shall apply to every proceeding before
the Supreme Court or a judge thereof under the provisions of
this Act, save that service of notices and other legal process
shall be in accordance with subsection 2 of section 5 and save
that costs may be awarded to but not against the Attorney-
General.

etc.,^aga^st l^- — (1) No action whatever, and no proceedings by way
mTni^terfif' ^^ injunction, mandamus, prohibition or other extraordinary
this Act. remedy shall lie or be instituted against any person whether
in his public or private capacity or against any company in
respect of any act or omission in connection with the adminis-
tration or carrying out of the provisions of this Act or the
Regulations where such person is the Attorney-General or his
representative, or the Registrar or where such person or
company was proceeding under the written or verbal direction
or consent of any one of them, or under an order of the Supreme
Court or a judge thereof made under the provisions of this Act.

Regulations,

general

powers.

15. The Lieutenant-Governor in Council may make and
from time to time amend, alter or repeal regulations not in-
consistent with this Act for the better carrying out of the
provisions of this Act, for the more efficient administration
thereof and for the prevention of fraud in trading in securities
whether upon any stock exchange or elsewhere in Ontario,
for the creation of offences, and for any other purpose else-
where indicated in this Act, and all such regulations and any
amendment, alteration or repeal thereof shall become effective
in all respects as if enacted in this Act upon the publication
thereof in the Ontario Gazette.

116

16. — (1) Every person who violates any provision of this ^®°*'''®^-
Act or the Regulations designated as an offence, or who does
any fraudulent act not punishable under the provisions of
the Criminal Code of Canada, shall be liable upon conviction
thereof under The Summary Convictions Act to 3. penalty of ^®i^"i^***^
not more than $K000 for a first offence, nor $2,000 for a
second or subsequent offence, and in case of either a first or a
subsequent offence either in default of payment of any penalty
imposed, or in addition to such penalty, to imprisonment for a
term not exceeding six months.

(2) The provisions of subsection 1 shall be deemed to apply Companies.
mutatis mutandis, to any company save that the money
penalties may be increased in the discretion of the magistrate

to a sum not exceeding $25,000.

(3) No proceedings under this section shall be instituted of'the"
except with the consent or under the direction of the Attorney- oenerai^
General. required.

IT. Section 17 of The Audit Act shall apply in respect of Expenses,
any legislative appropriation for the administration of this Rev. Stat.
Act. '- '"•

18. This Act with the exception of Part I shall come intog^^^^^Jf/^^®-
force on the day upon which it receives the Royal Assent and^^^-
Part I shall come into force on a day to be named by the
Lieutenant-Governor in his Proclamation.

116

H
O

S-

c»

?i-

i>)

^ — '

1—^

t-M.

?1-

hJ*

<:%

g-.

h-^

1— k

OTQ

?;• o

n> ^

"> o

O 3

•t "-t

^ CI.

r
r

UJ CI

No. 117.

1928.

BILL

An Act to amend The Children's Protection Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative 'Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Children's Protection ^^°^^^^'^^^-
Act, 1928.

2.— (1) The clause lettered d in section 1 of The Children's ^^^^^^^\-

. , C. ^79, 8. 1,

Protection Act is amended by striking out all the words at the ci. d. ^

1 c ^ r t II ..., amended.

commencement thereoi down to the word court m the
second line and insserting in lieu thereof the words " 'Judge'" Judge,"

, ,, . , . °. , • • t r JO meaning of.

shall mean judge or junior or acting judge of a county or
district court."

(2) The clause lettered g in the said section 1 is amended ^®^- stat-.

- ,, *^ c. 279, 8. 1.

as follows: c\. g,

amended.

{a) by striking out the word "by" in the third line of ^'^f^f 1?°*®^
subclause i and inserting in lieu thereof the words meaning of.
"with the consent of";

{h) by adding at the end of subclause ii the words "or
who is deserted by one parent and whose other
parent is unable to maintain him ;

{d) by inserting after the word "who" in the first line of
subclause vii the words "with the consent or con-
nivance of his parent or parents" and by striking
out all the words in the said subclause after the
word "by-law" at the end of the fourth line;

(e) by striking out the words "without permission" in
the first line of subclause ix and inserting in lieu
thereof the words "without sufficient cause
habitually";

(/) by striking out the words "an illegitimate child" in
the first line of subclause x and inserting in lieu
thereof the words "a child born out of lawful wed-
lock";

(g) by striking out subclause xii and substituting therefor
the following:

(xii) a child who is not being properly cared for or
whose only parent is serving a term of
imprisonment and who is brought, with the
consent of the person in whose charge he is,
to the judge to be dealt with under this Act.

^2^"9^8^7' ^' — ^^^ Subsection 8 of section 7 of The Children's Proiec-
siibs. 8.' ' /?'o« ^c/ is repealed and the following substituted therefor:

repealed.

"What order
may be
made by
judge.

(8) If the judge shall find the child to be a neglected
child he may make any one of the following orders:

(a) That the case be adjourned sine die and that
the child be returned to his parent or guardian
or other person in whose charge he may be,
subject to inspection and supervision by the
children's aid society; or

(fe) That the child be temporarily committed to
the care and custody of the children's aid
society for such specified period as in the
circumstances of the case he may deem
necessary, provided however, that such period
shall not exceed twelve months; or

Rev. Stat.,
c. 279, s. 7,
subs. 9,
repealed.

Procedure
where child
committed
temporarily
to care of
society.

(2) Subsection 9 of the said section 7 is repealed and the
following substituted therefor :

(9) Where the judge has ordered that a child returned to
his {Sarent or guardian or other person in whose
charge he may be, shall be under the inspection and
supervision of the children's aid society, the society
may at any time bring the case again before the judge
for further and other consideration and action under
this section, and where a child has been temporarily
committed to the care and custody of the society,
the society may at any time during the period of
temporary commitment bring the case again before

117

the judge for further and other consideration and
action under this section, and if the temporary
commitment has not been earlier terminated the case v
shall at the expiration of the specified period again
come before the judge and the judge shall thereupon
further inquire and determine whether the circum-
stances justify an order returning the child to the
parent or guardian or making a further order under
subsection 8.

(a) During the period of temporary commitment
the society shall keep the child in a temporary
home or shelter or in some other suitable
place and shall exercise during such period,
all the rights of the legal guardian of such
child except as to proceedings under TheB.ev. stat.
Adoption Act and under section 12 of this^-^^^-
Act.

(3) The said section 7 is further amended by adding thereto ^ 2^9^8*7 '

the following subsection : amended. '

(14) A municipal corporation shall not be liable for the Notice to
maintenance of a neglected child nor for the expenses before'^^'^*^
incurred under subsection 12 unless and until the^^^^g^.
corporation has received notice in writing of the^"<'®-
intention to apply to the judge for an order declaring
that the child was properly a resident of the muni-
cipality and that the corporation should be so liable
for such maintenance or expenses.

4. Section 10 of The Children's Protection Act is amended c. 279 B.ib,
by adding thereto the following subsection : amended.

(9) At any time after the commitment of the child to the^ppi^cation
care and custody of the children's aid society, the tionai main-
society may apply to the judge for an order for the
payment of such additional maintenance as it may
deem just.

6. — (1) Subsection 1 of section 11 of The Children's Protec-^^^-^^^^-.

^ ' 0. 278, 8. 11,

tion Act is amended by striking out the words "or placed in a subs, 1,
f 1 M-i 1 J. Ill- amended,

foster home m the second and third Imes.

Rev. Stat.,
o. 279, 8. 11,
subs. 2,
repealed.

(2) Subsection 2 of the said section 11 is repealed.

6. Subsection 1 of section 12 of The Children's Protection ^^279,^8.^12,
Act is amended by inserting before the word "committed" in|^|nded.
the second line the word "permanently."

117

?'2^"9^8*\& 7. Section 13 of The Children's Protection Act is amended
amended. by inserting after the word "neglects" in the second line the
words "or fails to support."

Commence*
ment of
Act.

8. This Act shall come into force on the day upon which
it receives the Royal Assent.

117

?! "TJ

9P^

0)"*

D-

«<

(A5

era

CX)

Pi.

3
>

<-0 O
O P

O CL

r
r

-^ o

No. 118.

1928

BILL

An Act to amend The Adoption Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Adoption Act, 1928. short title.

2.— (1) Subsection I of section 2 of The Adoption Act is^®^stat
amended by adding at the end thereof the words "but nothing siibs. i,"
in this section shall prevent the adoption of any infant born
out of wedlock by the mother of such infant, and in the case
of her marriage, by her husband, notwithstanding that the^^p™^^
mother is less than twenty-five years of age or less than
twenty-one years older than the infant."

(2) Subsection 3 of the said section 2 is amended byRev stat
adding thereto the following clause: subs. 3,'

amended.

(a) For the purposes of this subsection where a child n^jH^gle^ °^
has been committed to the permanent guardianship child,
of a children's aid society under the provisions of
The Children's Protection Act the society shall be
deemed to be the guardian of the child subject to Rev. stat.

... c 279

the provisions of subsection 4 and the consent of
the society shall be sufficient.

(3) Subsection 4 of the said section 2 is repealed and tlie^®j^g®***2'

subs. 4,
repealed.

following substituted therefor:

(4) An order of adoption shall not be made unless the certificate
provincial officer certifies in writing, office?.^

(a) that the infant has lived for at least two years
with the applicant and that during that
period the conduct of the applicant and the
conditions under which the infant has lived
have been such as to justify the making of
the order;

118

(b) that the applicant is to the knowledge of the
provincial officer a proper person to have
the care and custody of the infant and thai
for the reasons set out in the certificate it is
in the best interest of the child that the
period of residence be dispensed with.

Rev. Stat.,
o. 189,8. 2,
subs. 6,
amended.

(4) Subsection 6 of the said section 2 is amended by
striking out the words "a British subject* and" in the third
line.

Rev. Stat.,
c. 189, s. 8,
subs. 1,
repealed.

Jurisdiction
as to mak-
ing order.

3. Subsection 1 of section 8 of The Adoption Act is repealed
and the following substituted therefor:

(1) The court having jurisdiction to make an adoption
order shall be the Supreme Court, or

(i) the judge, or junior, or acting judge of the
county or district court; or

(ii) when designated by the Lieutenant-Governor
in Council as a judge within the meaning of
this Act, the judge of the juvenile court,

within whose jurisdiction either the applicant or
the person to be adopted resides at the time of the
application for the order.

Rev. Stat.,
c. 189, B. 13,
amended.

4. Section 13 of The Adoption Act is amended by adding
at the end thereof the words "and may appoint any other
officers for the carrying out of this Act and may confer upon
any officer so appointed power to administer any oath or
take any affidavit or statutory declaration in or relating to
any matter arising under the administration of this Act."

ment"of°°*" ^' This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

118

f;'

cr
<e

•n

25 "0

Ol"

<-»■

rt>

(^3

•!5

r-t-

1— »
ho

o
p

a
o
•o

<->■_

o'
a

tf.

?-"j

■-1

cr?

:! ►-!

a "^

"^ C

itri

No. 119.

1928.

BILL

An Act to amend The Children of Unmarried Parents

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Children of Unmarried ^hort title.
Parents Act, 1928.

2. — (1) Subsection 1 of section 14 of The Children o/Rev. stat..
Unmarried Parents Act is amended by striking out the words siibs. i,'
"to the provincial officer" at the end of the sixth line. amen e

(2) Section 23 and subsection 3 of section 26 of the said Rev. stat.,
Act are repealed . s.' 26, subs. a.

repealed.

(3) The said Act is amended by adding thereto the following Rev. stat..

.• c. 188,

vSectlon : amended.

30.-

-(1) All sums of money payable under an order Payment

\ 1- ,!•* over of funds

made or an agreement entered mto under this Act to Public
shall be paid in the first instance to the provincial
officer and where payment of a lump sum is ordered
or agreed upon the provincial officer shall pay over
to the Public Trustee any portion thereof not
immediately required for the maintenance of the
child or to meet other charges under this Act.

(2) All sums so paid over shall be invested by the Public Funds, how
Trustee but subject to withdrawal of any amounts * ^
from time to time upon the written requisition of
the provincial officer, provided that the provincial
officer shall at no time have in his possession or
under his control a greater amount than the sum
of $5,000.

3. This Act shall come into force on the day upon which meni;"oir°*
it receives the Royal Assent. Act.

119

n -J

5 2. ?d
„ J- O

to VJ 1-1

w ^

•T3

tsj

>««

?i-

Ci-

-^t

«».

r».

**.

1—'

O-Q

ff«J

>
3 B

» n

r
r

<¥

No. 120.

1928.

BILL

An Act to amend The Juvenile Courts Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Juvenile Courts Act, 1928. Short title.

2. Section 8 of The Juvenile Courts Act is amended by ^%^-i^*^t. ,
adding at the end thereof the words "and the judge of the amended,
juvenile court may appoint any person to be a voluntary Voluntary
probation officer to deal with the case of a particular child officer,
and may at any time revoke such appointment."

3. Section 14 of The Juvenile Courts Act is amended by ^^J^-,^**';-:,

■^ c. 281, s. 14,

adding thereto the following subsection: amended.

(3) Where a juvenile court has been established in a salary of
provisional judicial district for any territory in^l^trfct?
which there is a city or town, the Lieutenant- po^io^gd.
Governor in Council may fix the amount to be paid
by such city or town towards the salaries and
expenses of the court and prescribe the times and
manner of making such payments.

4. Section 15 of The Juvenile Courts Act is repealed and R^®^- stat

,-„.,.,,. c. 281, s. 15,

the followmg substituted therefor: repealed.

15. The Attorney-General shall have charge of the ^^^^^^i**'
administration of this Act.

5. This Act shall come into force on the day upon which Commence-
it receives the Rova! Assent. Act.

120

sr
n

p'
p*
n

•n

I O

S 13

rf-

»<

5»

h- »

Onta
George

3-
(T)

1-^

(— 1

c
<

<-?■

o^a

OK)

1-*

o
c

No. 121.

1928.

BILL

An Act to amend The Controverted Elections Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Controverted Elections Act, short title.
1928.

2. Section 85 of l^he Controverted Elections Act is repealed ^Yi 1*^^85
and the following substituted therefor: repealed.

85. — (1) The travelling and other expenses of the judges coun^how*^
and the expenses incurred by the sheriff in attending payable.
them and in providing the court and accessories
and the fees and travelling and other expenses of
the registrar shall be audited and paid in the same Rev. stat..
manner as the fees and expenses allowed to other ^- ^'
officers under The Election Act.

(2) The fees and expenses of the sheriff and other payable
officers for publishing any notice or for the service ^^^ parties.
of process or other papers at the instance of any
party to the petition shall be costs in the cause and
shall be borne and paid in the first instance by the
party on whose behalf such services are rendered.

3. This Act shall come into force on the day upon which ment"o1''Act.
it receives the Royal Assent.

121

H
n

i-t_

■^,

O
en

HfI

t\i

l-»

ex.

?i-

''**•

(-1-
3-

?i.

■*

0X5

<s>.

cyq

>
n

> n)

" n

r" o

r+
►-I

o
<

■-t

^ ^

»4

(T)

•>*

i-t

1— '

No. 122.

1928.

BILL

An Act to amend The Loan and Trust Corporations

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Subsection 2 of section 18 of The Loan and 7"rM5^Rev. stat.,

c 223 s 18

Corporations Act is amended by striking out the words "or subs. 2,'
upon first mortgages or hypothecs upon real estate in any ^™^" ^
province in which the company is authorized to carry on
business" so that the subsection will now read as follows:

(2) A trust company may invest or loan any money investments.
held by it other than trust money in or upon any of
the securities authorized by section 28 of this Act
or by The Trustee Act, and may loan any trust Rev. stat.,
money held by it upon any securities authorized by
The Trustee Act.

150.

122

W 3

I— I
n

0^5

Hi*

►«-l

Pi-

(y)

c»

1— '
to

0^5

o
O p

OS*

> o

r
r

O !
Crq I

• I

No. 123.

1928.

BILL

An Act to amend The Marriage Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Marriage Act, 1928. short title.

2. The clause lettered c in subsection 1 of section 1 of J^Ysi^SV,
The Marriage Act is amended by striking out the words ^^|^J^^^'- ^'
"staff officer" in the first line and substituting therefor thCg^^^^^.^^
words "duly commissioned officer other than lieutenant."

Army
marriages.

3. This Act shall come into force on the day upon which Se?[tTf'^Ac"t.
it receives the Royal Assent.

123

o cr

Pi-
(As

13-

o
3

3
CL

TO
>

r
r

CC S

/-\

-t

Crq

(-►

rt!

•.

S
r

I— »

No. 124.

1928.

BILL

An Act to amend The Weed Control Act.

HIS MAJESTY, by and with the advice a.nd consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Weed Control Act, 1928. shortrtitie.

2. The Weed Control Act is amended by adding thereto ^Yod^w*"

the following section: amended.

7a. Notwithstanding the provisions of the preceding cost of
section, in cities and towns where the person appointed we^eds^^^
as inspector is an officer or servant of the corporation towlis^'^*^
he shall report to the clerk the amount expended by
the municipality in carrying out the provisions of
this Act with respect to each parcel of land, and the
clerk shall place on the collector's roll of the muni-
cipality the sum so expended against the respective
lands and such sums shall be collected in the same
manner as other taxes, subject to an appeal to the
court of revision of the said city or town at any
time during the year in which the said sums are
placed on the collector's roll.

3. Section 8 of The Weed Control Act is repealed and the f^aof^ts.
following substituted therefor: repealed.

8. — (1) It shall be the duty of every road authority to see Duty of
that all weeds growing upon streets or highways authority.
under its jurisdiction are cut down or destroyed at
the proper time to prevent the ripening of their seed
and to appoint such officers as may be necessary
for that purpose.

(a) In this section "road authority" shall have Rev. stat.,
the same meaning as in The Highway Improve- °'
ment Act.

(2) Upon the report of the Minister of Agriculture that ^J^^;^
any road authority is in default in the duty imposed grant in

default.

124

Rev. Stat.,
c. 54.

by subsection 1 or subsection 2, the Lieutenant-
Governor in Council may direct that any sums of
money payable out of the Consolidated Revenue
Fund in respect of roads under the jurisdiction of
such road authority under The Highway Improve-
ment Act or any other Act relating to highways shall
be withheld until it is shown to the satisfaction of
the Minister of Highways that the road authority
has carried out the duty so imposed.

ment^iff^A^ct ^' '^^^^ ^ct shall come into force on the day upon which
it receives the Royal Assent,

124

^■^ :-• f^!

S ^"0

3 2.

w 5

gjO.

S-5^

••

Pi-

>
O

P
3

>
n

r
r

O :
8 O

< o

No. 125.

1928.

BILL

An Act to amend The W'orkmen's Compensation

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act mav be cited as The Workmen' s Compensation ^hon title.
Act, 1928.

2. The Workmen's Compensation Act is amended by adding c. 179, * "'
thereto the following section : amended

47o. Where a workman is entitled to compensation and where^work-
it is made to appear to the Board. — Ont^ado!^ '^^

(a) that such workman is no longer residing in
Ontario but that his wife or child or
children under sixteen years of age are still
residing therein without adequate means of
support and are, or are apt to become, a
charge upon the municipality where they
reside, or upon private charity; or

(&) that the workman although still residing ^a*'n'"i?ar*""''*
in Ontario is not supporting his wife *^ ^5®^^®^

. wife or

and children as aforesaid and an order has <^hiidren.
been made against such workman by a
court of competent jurisdiction for the
support or maintenance of such wife or
family, or for alimony,

the Board may divert such compensation in whole ^\^p''ensL
or in part from such workman for the benefit of *'*^" ^°
the wife or childrea of the said workman.

benefit of
family.

3. Section 59 of The Workmen's Compensation Act is ^^79^8**59,

repealed and the following substituted therefor:

repealed.

125

Salaries of
Commis-
sioners.

59. The salaries of the commissioners shall be fixed by
the Lieutenant-Governor in Council and shall be
payable out of the accident fund as part of the
administration expenses of the Board.

f'^ii^^B^'i ^- ^^^ clause lettered b in subsection 1 of section 1 of
!^f;ior?^' ^' 'The Workmen's Compensation Act is amended by adding

thereto the words "and for payment of the salaries of the

commissioners."

amended.

o^iTsfs^iia, 5. Section 113 of The Workmen's Compensation Act is
amended. amended by adding thereto the following subsections:

Tuberculosis
of respira-
tory organs.

(9a) For the purposes of this Act tuberculosis shall
mean tuberculosis of the respiratory organs when
on examination of any person it is found that,

(a) such person expectorates the tubercuie bacillus ;

(6) such person has closed tuberculosis to such a
degree as to seriously impair his working
capacity and to render prohibition of his
working underground advisable in the inter-
ests of his health.

Appoint-
ment of
medical
officers for
examination
of
employees.

Rev. Stat..
c. 45.

(9&) The Board is authorized to appoint such medical
officers as may be required to carry out the provi-
sions of The Mining Act and amendments thereto
with regard to the examination of employees or
applicants for employment and the remuneration
and expenses of such officers shall be paid out of the
rates imposed for payment of silicosis claims.

ment of Act. . i t-> i a

it receives the Royal Assent.

125

cr
n

5 "^

S 2-

w. 5

S'=^

••

rt-

•Si.

rt-

iNi

?i.

ei-

«»

?i-

Pi-

5*.

o o
3 p

3 P

§ ^

n <

r* O

t3d

r
r

o O

-t 3

CQ rt *.

No. 126.

1928.

BILL

An Act to amend The Companies Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 293 of The Companies Act is amended by striking ^®2i8®s^293
out the word "who" in the third line and substituting therefor amended.
the words "five of whom" so that the section as amended

will read as follows:

Incorporation of Fraternal Societies.

293. The Lieutenant-Governor may, by letters patent, Jion°'"^°^^'
grant a charter to any number of persons not less
than seventy-five, of the age of twenty-one years,
five of whom petition therefor, constituting such
persons and any others who have signed the member-
ship book, and persons who thereafter become mem-
bers in the fraternal society thereby created, a
corporation for the purpose of undertaking any
class of insurance for which a fraternal society
may be licensed under the provisions of The Insur-o. 222.
ance Act.

2. Section 317 of The Companies Act is repealed and the^Yij?^*^^*^*
following substituted therefor: s- 317.'

Investments.

317.— (1) Subject to the provisions of the next following Powers of
subsections, an insurer incorporated under the law insurers,
of Ontario may invest its funds, or any portion
thereof, in the purchase of,

(a) The debentures, bonds, stock or other securi- ^curfues^"*^
ties of or guaranteed by the Government
of the Dominion of Canada or of or guaran-
teed by the Government of any province of
Canada, or of or guaranteed by the Govern-

126

See R.S.C.,
c. 101. s. 54,
cl. a.

ment of Great Britain, or of any Dominion
colony or dependency thereof; or of or guar-
anteed by the Government of any foreign
country, or state forming a portion of such
foreign country; or of any municipal or
school corporation in Canada, or elsewhere
where the insurer is carrying on business; or
guaranteed by any municipal corporation in
Canada, or secured by rates or taxes, levied
under the authority of the Government of
any province of Canada on property situated
in such province and collectable by the muni-
cipalities in which such property is situated;
or.

Bonds
secured by
mortgage.

(b) (i) The bonds of any company which bonds
are secured by a mortgage or hypothec to
trustees or a trust corporation or other-
wise, upon real estate or other assets, of
such company; or.

Debentures.

(ii) The debentures or other evidences of
indebtedness of any company which has
paid regular dividends on its preferred or
on its common stocks for a term of at
least five years immediately preceding
the date of investment in such debentures
or other evidences of indebtedness; or,

Preferred
stock.

(iii) The preferred stocks of any company
which has paid regular dividends upon
such stocks or upon its common stocks
for not less than five years preceding the
purchase of such preferred stocks, or the
stocks of any company which are guar-
anteed by a company which has paid
regular dividends upon its preferred or
common stocks for not less than five
years preceding the purchase of such
guaranteed stocks; Provided that the
amount of stocks so guaranteed is not in
excess of fifty per cent, of the amount
of the preferred or common stocks, as the
case may be, of the guaranteeing com-
pany; or

Common
stock.

(iv) The common stocks of any company or

corporation upon which regular dividends

;.i . 1 - of at least four per cent, per annum or, in

■A I boo the case of stocks of no par value, or at

126

least four dollars per share per annum,
have been paid for the seven years next
preceding the purchase of such stocks;
Provided further that if any such com-
pany or corporation has, pursuant to a
voluntary reorganization of its capital
account and without affecting the status
or diminishing the value of its outstanding
securities including the capital stock, sub-
stituted common shares of no par value
for shares of par value, then dividends
declared on the said no par value stock
shall be deemed to be dividends of at
least four dollars per share per annum
if the sum thereof is equivalent to at

least four per cent, of the said common ij

stock of par value and the proceeds of '

any additional issue of common stock ;

made at the time of, or subsequent to,
the aforesaid substitution of shares; and
in such circumstances dividends of at
least four per cent, per annum on the
common stock of par value immediately
preceding the substitution shall be re-
garded as dividends on the no par value
stock; and if any such company or
corporation has in any year paid divi-
dends on its common stock amounting to I \\i
not less than five hundred thousand |]i^
dollars, the payment of such dividends ■■
shall be deemed to be for the purposes of
this section equivalent to the payment see r.s.c.
of a dividend of four per cent, for the °i •'j,^^' ^- ^^•
said year; or,

estate in Canada, or elsewhere where the
insurer is carrying on its business, provided
that the amount paid for any such mortgage
or hypothec shall in no case exceed sixty

■ -^^ , , , , , ' •'See R.s.c,

per cent, ot the value ot the real estate c. loi, s. 54,
covered thereby; or,

(d) If the insurer undertakes contracts of life Life
insurance, life or endowment policies or ^° '*^'®^'
contracts issued by the insurer or by any
other insurer licensed to undertake contracts ^®?n^-^*^-i

C. 101, S. 54,

of life insurance in Ontario; d- d-

or may lend its funds or any portion thereof on the
security of,

126

Loans on
securities.

See R.S.C.,
c. 101, 8. 54.
2, cl. o.

Real estate.

See R.S.C.,
(?. 101, s. 54,
2, cl. b.

(e) Any of the bonds, debentures, stocks or other
securities mentioned in this subsection; or

(/) Real estate or leaseholds for a term or terms
of years or other estate or interest therein in
Canada or elsewhere where the insurer is
carrying on business; Provided, however,
that no such loan shall exceed sixty per cent,
of the value of the real estate or interest
therein which forms the security for such
loan, but this proviso shall not be deemed
to prohibit an insurer from accepting as part
payment for real estate sold by it, a mortgage
or hypothec thereon for more than sixty per
cent, of the sale price of such real estate;

other
securities
authorized
by

Lieutenant-
Governor in
Council.

See R.S.C.,
c. 101, s . 54,
3.

and the Lieutenant-Governor in Council may
authorize the acceptance by an insurer of bonds,
stocks or debentures not fulfilling the foregoing
requirements of this subsection, (a) in payment or
part payment for securities sold by such insurer; or
(b) obtained under a bona fide arrangement for the
reorganization of a company whose securities were
previously owned by such insurer; or (c) for the
amalgamation with another company of the com-
pany whose securities were so owned ; but the bonds
stocks or debentures whose acceptance is so author-
ize shall be absolutely sold and disposed of within
five years after the acquisition thereof, or within
such further time not exceeding one year as the
Lieutenant-Governor in Council shall, on report
of the Minister, fix and determine unless it can be
shown to the satisfaction of the Minister that the
bonds, stocks or debentures whose acceptance is so
authorized are not inferior in status or value to the
securities for which they have been substituted.

stocks of

reorganized

companies.

See R.S.C.,
c. 101, s. 54,
4.

(2) For the purpose of determining the eligibility as
investments under the next preceding subsection of
the preferred or common stocks of any company,
which has been voluntarily reorganized without the
impairment of the status or value of its securities,
dividends paid on the preferred and common stocks
of the company before such reorganization may be
counted as dividends paid on such stocks respectively
of the reorganized company.

Investments
in

corporate
name only.

(3) All investments and deposits of the funds of any
such insurer shall be made in its corporate name,
and no director or other officer thereof, and no

126

member of a committee having any authority in the
investment or disposition of its funds shall accept
or be the beneficiary of, either directly or indirectly,
any fee, brokerage, commission, gift or other con-
siderations for or on account of any loan, deposit,
purchase, sale, payment or exchange made by or in
behalf of such insurer, or be pecuniarily interested
in any such purchase, sale or loan, either as borrower,
principal, co-principal, agent or beneficiary, except
that if he is a policyholder he shall be entitled to

See use

all the benefits accruing under the terms of hisc. loi.'s! ed.
contract.

(4) Any loan by this section authorized to be made may Terms,

, , , ,. . J . 1 manner and

be on such tefms and conditions, and in such manner amount of
and at such times, and for such sums, and in such °^"^'
sums of repayment, whether of principal or interest
or principal and interest together, as the directors g^^ j^ g (-,
from time to time determine. c- loi. s- 6i.

(5) No insurer shall

Prohibitions

and

restrictions.

(a) invest in or loan its funds upon the security

of its own shares or the shares of any com- ^^^q^-^-^^-^
pany transacting the business of insurance; or, ct b^ iv; s.

(b) except as to securities of or guaranteed by

the Government of the Dominion of Canada,
or the Government of any province of Canada,
or a municipal corporation in Ontario,
invest money in any one security or make a
total investment in any one company includ-
ing the purchase of its stock or other securities,
the lending to it on the security of its deben-
tures, mortgages or other assets or any part
thereof, of more than five per cent, of its
funds; or (New).

the Government of the Dominion of Canada,
or the Government of any province of Canada,
or a municipal corporation in Ontario,
make any investment the effect of which will
be that such insurer will hold more than
five per cent, of the total issue of stock or
shares of any one company; or (New).

(d) loan any of its funds to any director or officer
thereof or to the wife, or any child of such
director or officer except, in the case of an

126

See R.S.C..
v.. 301, s. 54,

insurer undertaking contracts of life insurance,
on the security of its own policies; or

See R.S.C.,
c. 101, s. 57.

(e) subscribe to or participate in or employ the
funds of the insurer in any underwriting for
the purchase or sale of securities or property
of any kind, nor shall any director or officer,
except for the bona fide purpose of protecting
investments already made by the insurer,
enter into any transaction for such purchase
or sale on account of said corporation,
jointly with any other person, firm or cor-
poration; Provided that this clause shall
not be deemed to prohibit the subscription
in manner aforesaid for bonds or securities
permitted by this section as a bona fide
permanent investment on behalf of any such
insurer.

Interest in
forming
other
companies.

See R.S.C.,
c. 101, s. 56.

(6) Except for the bona fide purpose of protecting
investments previously made by it, and subject to
the approval of the Lieutenant-Governor in Council,
no insurer shall, nor shall its directors or officers or
any of them on its behalf, under colour of an invest-
ment of the insurer's funds, or otherwise, directly
or indirectly be employed, concerned or interested
in the formation or promotion of any other company;
Provided that nothing in this clause shall be deemed
to prohibit insurers investing their funds in securities
of a new company as provided in subsection 1 of
this section ; or

Additioiial
security to
secure
repayment
of liabilities.

See R.S.C..
c. 101, s. 59.

(7) Any insurer may take any additional securities of
any nature, to further secure repayment of any
liability thereto, or to further secure the sufficiency
of any of the securities in or upon which such
insurer is by this section authorized to invest or
lend any of its funds.

By-laws to
prevail.

(8) Where the constitution, by-laws or rules of an
insurer prescribe the securities in which its funds
may be invested, nothing in this section shall
enlarge the power of investment. vSee R.S.O., c. 218,
s. 317 (4).

Disposal of
unauthor-
ized

investments.

(9) The Superintendent may request any insurer to
dispose of and realize any of its investments acquired
after the coming into force of this section and not
authorized by this section, and such insurer shall
within sixty days after receiving such request

126

absolutely dispose of and realize the said invest-
ments, and if the amount realized therefrom falls
below the amount paid by such insurer for the said
investments the directors of the insurer shall be Directors'
jointly and severally liable for the payment to such ii^^^'^ity-
insurer of the amount of the deficiency; Provided
that if any director present when any such invest-
ment is authorized does forthwith, or if any director
then absent does within twenty-four hours after he
becomes aware of such investment and is able to
do so, enter on the minutes of the board of directors
his protest against the same, and within eight days
thereafter gives notice of his protest by registered
letter to the Superintendent, such director may
thereby, and not otherwise, exonerate himself from
such liability. See R.S.O., c. 218, s. 317 (5).

(10) "Insurer" in this section shall be deemed to mean ?y|^|uj.e?..9'"
and include only joint stock insurance companies
and cash mutual insurance corporations; all other
insurers may invest their funds in any securities
in which, under The Trustee Act, trustees mayc.Yso. ^ "
invest trust funds.

3. This Act shall come into force on the 1st day of May, S°^t^^"^®t
1928.

126

?«

en"

D-

•z

O
w

Pi.

>
n

H
=r
a>

o
3

ts>

1— »

o
crq

»— »

1— »

crq

No. 127.

1928.

BILL

An Act to amend The Protection of Cattle Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Protection of Cattle ^c^, short title.
1928.

2. The clause lettered a in subsection 2 of section 4 oi^^^^f^^^-^
The Protection of Cattle Act is repealed and the followingsubs 2 ci.'a

, . , , . ^ ° repealed.

substituted therefor:

(a) No one in such county shall purchase or keep for
public service or offer for use or sale except for
slaughtering any bull which is not pure bred.

(aa) Any bill, poster or other printed matter advertising
any bull for sale or public service shall be evidence
that such printed matter was issued to advertise the
bull mentioned, with the consent of the owner of
the bull and such advertising shall be prima facie
evidence that such bull was being offered for sale
or public service.

3. Section 6 of The Protection of Cattle Act is amended by Rev. stat.,
adding at the end thereof the words "except that the muni- amended.
cipal council in an organized municipality in any such district

may pass a by-law declaring such municipality a 'Better
Bull Area,' and after the passing of such by-law the provi-
sions of section 4 shall apply to such municipality."

4. This Act shall come into force on the day upon which ^g^t^Jf/^Act
it receives the Royal Assent.

127

^. 13

3 2.
en" ^

o a*

rt-

t-^

0«5

r
r

O
^ 3

No. 128.

1928.

BILL

An Act to amend The Public Vehicle Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Public Vehicle Amendment ^yion title
Act, 1928.

2. Section 4 of The Public Vehicle Act is repealed and the Rev. stat.,

o 252 8 4

following substituted therefor: repealed'.

4. A by-law may be passed by the council of any city Payment of
requiring a person holding a license or permit undercharge
the provisions of this Act, who operates a public
vehicle over a route partly within and partly without
the limits of such city to also pay to the corporation
of such city a fee or charge not being in the nature
of a license fee. Such by-law shall not come into
effect unless and until approved by the Department,
and the Department shall fix the fee to be charged.

3. This Act shall come into force on the day upon which ^°^t"Jff"^®"t
it receives the Royal Assent.

128

s^. ^

Ci.

«<

C^O

■~*

fa.

pi-

«i

f:^

Pi-

's".

0^5

>
>

r
r

O
o 0>

<5-

No. 129.

1928.

BILL

The Motor Vehicle Conditional Sale and Mortgage

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. In this Act, —

Interpreta-
tion.

(a) "Motor Vehicle" shall mean motor vehicle as defined "Motor
in The Highway Traffic Act. Vehicle."

(b) "Minister" shall mean Minister of Public Works and '"Minister"

IDGDcirt-

Highways, and "Department" shall mean Depart- ment."
ment of Public Highways.

Vehicles.

(d) "Mortgage" shall include a conveyance intended to "Mortgage."
operate as a mortgage and shall include any deed

, or instrument by which a charge or floating charge
is created upon a motor vehicle.

(e) "Conditional Sale Agreement" shall mean a contract "Conditional

evidenced by a writing signed by the vendor and ment! "'^^^"
purchaser stating the terms and conditions of the
sale and describing the motor vehicle sold, and in
which it is provided that the ownership of the motor
vehicle shall remain in the vendor until payment of
the purchavSe money or part of it and under which
possession of the motor vehicle is given to the
purchaser.

(J) "Hire receipt" shall mean a contract evidenced by 'iiire
a writing signed by the lender for hire and the hirer ^^'^^'^ *
stating the terms and conditions of the hiring and
describing the motor vehicle so lent for hire and in
which it is provided that the ownership of the motor
vehicle shall remain in the lender for hire until

129

payment of the consideration money or part of it
and under which possession of the motor vehicle is
given to the hirer.

as^to fifing"*' 2. — (1) Every conditional sale agreement, hire receipt or
mortgage of a motor vehicle hereinafter called "document"
shall be void as against the creditors of the purchaser, hirer
or mortgagor respectively and as against a subsequent
purchaser or mortgagee claiming from or under such pur-
chaser or hirer without notice, in good faith and for valuable
consideration unless the same or a true copy thereof is filed
as provided in this Act within ten days after the execution
thereof.

mtni.^^ (2) Every document shall be filed in the office of the

Registrar of Motor Vehicles, Toronto.

Recording

documents.

(3) The Registrar shall number each document or copy
filed in his office, and shall record in alphabetical order the
names of all parties thereto and shall also record in numerical
order and according to the maker's name the vehicle referred
to in any such document.

Appoint
ment of
clerk of

3. — (1) The Minister may appoint the clerk of a county
or district court to act as agent of the Registrar of Motor
distric^t ^'^^ Vehicles and to accept for transmission to such Registrar all
documents.

courts
as agents.

(2) Any document filed with the clerk of a county or district
court appointed as such agent shall be so filed within five
days after the execution thereof.

Documents

triplicate.

4. — (1) Every document shall be executed in triplicate,
one copy thereof to be retained by the Registrar and one
copy after being duly certified by such Registrar to be returned
to each of the respective parties.

Execution

documents.

(2) Every mortgage of a motor vehicle shall be executed
by the mortgagor and every conditional sale agreement or
hire receipt shall be executed by the vendor or lendor for
hire or his agent and by the purchaser or hirer as the case
may be and all such documents shall be accompanied by
affidavits of execution on the forms prescribed for such
purpose.

statement q Every mortgage filed in pursuance of this Act shall

iffi'wir °^ cease to be valid, as against the creditors of the mortgagor

and as against any subsequent purchaser and mortgagee in

good faith and for valuable consideration, after the expiration

of one year from the day of filing thereof unless within the

129

thirty days next preceding the expiration of the said term of
one year a statement on the prescribed form, showing the
interest of the mortgagee is filed in the office of the Registrar
of Motor Vehicles together with an affidavit of the mortgagee
stating that the statement is true and the mortgage has not
been kept on foot for any fraudulent purpose.

6. Where by error or inadvertence any such document does
not refer to the vehicle by number or refers to it by an errone-
ous number the Registrar may permit its registration against
the proper vehicle according to its number.

7. The Department shall not be liable for any loss sustained Non-iiabiuty
by any person by reason of any error or omission occurring Department.
in the office of the Registrar with respect to any matter or

thing covered by this Act.

8. The Lieutenant-Governor in Council may make regula- ^^Ku^^tio^s.
tions governing the general administration of this Act and

the payment of fees for filing or searching documents.

9. This Act shall come into force on a day to be named by ment^oTlct.
the Lieutenant-Governor in Council by his proclamation.

129

■-i^

rl-

:z;

* "

J 9

ex-
PL

«4.

t— '

-o

0^5

o b:

""•" ST*

^ P

rt) O

> C^

r-l- ET,

• o
in

(— <

r
r

No. 130.

1928.

BILL

An Act to amend The Highway Traffic Act.

HIS MAJESTY, by and with the, advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: — '■

1. This Act may be cited as The Highway Traffic .4c/, Short
1928. * '•

2.— (1) Section 9 of The Highway Traffic Act is amended J'^s'srs*^.
by adding thereto the following subsection: amended.

(2a) Every motor vehicle having a width at any part in clearance
excess of 80 inches shall carry two clearance lamps or required on
reflectors of a design approved by the Department, ^ehfcies.
on the left side of such vehicle, one of which shall be
located at the front of the vehicle and shall display
or reflect a green light, and the other of which shall
be located at the rear of the vehicle and shall display
or reflect a red light. Any lamp or reflector so used
shall be clearly visible for a distance of at least
200 feet from the front or rear as the case may be.

(2) Subsection 7 of the said section is amended by striking^©^. SHt.,
out the word "four" in the second line thereof and substituting siibe. ^. ' '

-,,,,,, amended.

the word three.

(3) Subsection 13 of the said section is repealed and the
following substituted therefor :

Rev. Stat.,
c. 251, s. 9,
subs. 13,
repealed.

(13) It shall be unlawful to carry on any motor vehicle ^p°^|^^j^*^
on a highway any spotlight, searchlight or lamp
which revolves upon a pivot or other device so that
the rays of such light may be projected in different
directions by an occupant of the vehicle; but a
spotlight, searchlight or such a lamp may be carried by
a motor vehicle of a municipal fire department for
use only at the actual scene of a fire, or by a motor
vehicle used by a public service corporation, com-
mission, or board for locating breaks in, or trouble
with, overhead wiring.

130

3. — (1) Subsection 1 of section 10 of The Highway Traffic

Rev. Stat.,

subB. i, ' ' Act is repealed and the following substituted therefor:

repealed .

Brakes, two

systems

required.

(1) Every motor vehicle operated in or upon any high-
way shall be equipped with at least two braking
systems, with two separate means of application,
each operating on at least two wheels and each of
which is sufficient to stop the vehicle within a proper
distance. If these two systems are connected in
any way, they shall be so constructed that the failure
of any one part of the operating mechanism shall not
leave the vehicle without brakes on at least two
wheels. One of these systems shall be so con-
structed that it can be set to hold the vehicle.
All such brakes shall be maintained in good working
order and shall conform to regulations not incon-
sistent with this Act to be promulgated by the
Department. Every motorcycle shall be provided
with at least one brake which may be operated by
hand or foot. Any police constable or any officer
appointed for carrying out the provisions of this
Act may at any time inspect or cause an inspection
to be made of the brakes of any motor vehicle on
the highway, and may, if such brakes are not in
good working order, require the driver of such motor
vehicle to proceed forthwith to put or have such
brakes put in good working order.

Rev. Stat. (2) The said section 10 is further amended by adding thereto

ainended. ' the following subsection :

City by-
laws may
require locks
on motor
vehicles.

(3) The council of every city may pass a by-law requiring
that every motor vehicle, except a commercial motor
vehicle, be equipped with a device the locking of
which will prevent the engine being started, and
making it the duty of the driver to lock such device
whenever the motor vehicle is standing unattended
in a highway, lane or other public place, and for
imposing penalties not exceeding $10 for the first
and not exceeding $25 for any subsequent contraven-
tion of the provisions of the by-law.

f^ziiX'ii. 4. Subsection 1 of section 32 of The Highway Traffic Act
repealed. jg repealed and the following substituted therefor:

Power of
officer to
have load
weighed.

130

vehicle may weigh the same either by means of
portable or statio^ary scales and may require that
such vehicle be driven to the nearest scales if they
are within a distance of two miles. Where it is
found that the vehicle is carrying an excessive load,
the constable or officer may require the driver to
forthwith remove so much of the load as is necessary
to bring it within the weight so permitted or
authorized.

6. This Act shall come into force on the day upon which it maSt^?^*'*'
receives the Royal Assent. ^c*-

130

H
tr
n

2? "0

3 D.

o cr

CO v<

, >

r-»-

r-f

• 3

t\i

»-*

e»-

!3-

■*

cfq'

1-*

©xa

0^5

H
►-t

r
r

S ^ •■'

No. 130.

1928.

BILL

An Act to amend The Highway Traffic Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Highway Traffic -4 c/, Short
1928. ""^- ■

2.— (1) Section 9 of The Highway Traffic Act is amended ^Ygi^^^.^'-g,
by adding thereto the following subsection: amended.

(2a) Whenever on a highway after dusk and before dawn clearance
every motor vehicle having a width at any part in required on
excess of 80 inches shall carry two clearance lamps or vehfcies.
reflectors of a design approved by the Department,
on the left side of such vehicle, one of which shall be
located at the front of the vehicle and shall display
or reflect a green light, and the other of which shall
be located at the rear of the vehicle and shall display
or reflect a red light. Any lamp or reflector so used
shall be clearly visible for a distance of at least
200 feet from the front or rear as the case may be.

(2) Subsection 7 of the said section is amended by striking Rev. stat.,
out the word "four" in the second line thereof and substituting siibs. 7, ' '

the word "three." amended.

(3) Subsection 13 of the said section is repealed and the ^®2^gj^*^*g'

subs. 13,
repealed.

following substituted therefor :

(13) No spotlight or searchlight or other auxiliary lamp Spotlights,
shall be attached to any part of a motor vehicle
higher than the head lamps of such vehicle, and the
ray of light from any such spotlight, searchlight or
auxiliary lamp shall be directed to the extreme right
of the travelled portion of the highway in such a
manner that the beam of light shall strike the
highway within seventy-five feet of the vehicle,
provided that this shall not prevent the use of what proviso.
are commonly known as cowl or side lamps or

130

clearance lamps, nor shall this section apply to a
motor vehicle of a municipal fire department,
or a motor vehicle used by a public service corpora-
tion, commission or board for locating breaks in or
trouble with overhead wiring.'

Rev. Stat.,
c. 251, 8. 10,
subs. 1,
repealed.

Brakes, two

systems

required.

Rev. Stat.,
c. 251, 8. 32,
repealed.

Power of
officer to
have load
weighed.

3. — (1) Subsection 1 of section 10 of The Highway Traffi(
Act is repealed and the following substituted therefor:

t^" (1) After the 1st day of July, 1928, every motor vehicle
other than a motorcycle, when operated upon a
highway shall be equipped with brakes adequate to
stop and to hold such vehicle, including two separate
means of application, each of which means shall
apply a brake or brakes effective on at least two
wheels and each of which shall suffice to stop the
vehicle within a proper distance. Each means of
application shall be so constructed that the cutting
in two of any one element of the operating mechanism
shall not leave the motor vehicle without brakes
effective on at least two wheels. Every motorcycle
shall be equipped with at least one brake. All such
brakes shall be maintained in good working order
and shall conform to regulations not inconsistent
with this section to be made by the Department.
Any police constable or any officer appointed for
carrying out the provisions of this Act may at any
time inspect or cause an inspection to be made of
the brakes on any motor vehicle on the highway,
and may, if such brakes do not conform to the
regulations of the Department, require the driver of
such motor vehicle to proceed forthwith to make or
have such brakes made to comply with such regu-
lations."*^]

4. Subsection 1 of section 32 of The Highway Traffic Act
is repealed and the following substituted therefor:

(1) Any police constable or any officer appointed for
carrying out the provisions of this Act, having reason
to believe that the weight of a vehicle and load is in
excess of that permitted by this Act or in excess
of that authorized under the permit issued for the
vehicle may weigh the same either by means of
portable or stationary scales and may require that
such vehicle be driven to the nearest scales if they
are within a distance of two miles. Where it is
found that the vehicle is carrying an excessive load,
the constable or officer may require the driver to
forthwith remove so much of the load as is necessary
to bring it within the weight so permitted or
authorized.

130

I^°5. Subsection 1 of section 34 of The Highway Traffic Actf^^^^^^'^
is amended by adding after the word "patrols" in the last line, subs, i,
the words "public vehicles."

6. Subsection 1 of section 37 of The Highway Traffic -4c^Rev. stat.,
is amended by adding thereto the following words :"provided, gubs.^i^' ^^'
however, that this subsection shall not apply where a safety '^"^®"^®'^-
zone has been set aside and designated by a by-law passed
under the provisions of paragraph 48 of section 399 of The^^^^^^^^"
Municipal Act, but no vehicle or ho-se shall pass such safety
zone at a speed greater than is reasonable and proper and in
no event greater than ten miles an hour and with due caution
for the safety of pedestrians."'

7. This Act shall come into force on the day upon which it ment^ol''^*'*'
receives the Royal Assent. ^ct.

130

5n3

3 2.

P«

ft-

••

;s-

?»,

«r

««.

^■^^

»*
«%

C\0

fa
1

t-^

;:«

fi.

?4-

r-i.

(-T

?5.

H- '

H-'

ores

SO
00

<-h

3
a>

a
H

P-H

r
r

-t

l-»

' u

No. 131.

1928.

BILL

An Act to amend The Insurance Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Insurance Act, 1928. short title.

(1) Paragraph 1 of section 1 of The Insurance Act is^%^- s*at,-'

repealed and the following substituted therefor:

par. 1,
repealed.

1. "Accident Insurance" means insurance by which the !'^ccident
, , . ■' . , insurance. '

insurer undertakes to pay insurance money in the
event of accident to the person or persons insured.

(2) Paragraph 52 of the said section is repealed and the^®2^-2^K:
following substituted therefor: repealed

52. "Sickness Insurance" means insurance by which the ''Sickness

, , . •' . insurance.

insurer undertakes to pay insurance money in the
event of sickness of the person or persons insured.

3. Subsections 2 and 3 of section 184 of The Insurance -4c/ ^®2^2^ 8^*184,
are repealed and the following substituted therefor: repealed^'

(2) This Part shall not apply to a contract of life insur- J^sm-^ice^
ance to which Part V applies, notwithstanding that

such contract includes provisions for special benefits
or indemnities upon death by accident, or upon
disability which is by the terms of the contract
deemed to be total and permanent, or upon total
disability which exists for a continuous period of not
less than three months or ninety days, according as
the contract may provide.

(3) This Part, except section 194, shall not apply to a{^^°^Pj^^,g
contract made with an employer and insuring his
employees or made with a representative of a group

and insuring such group, for the individual benefit
of the employees or persons insured thereby, but
sections 122, 133 to 137 and 161 shall apply to any
such contract.

131

(4) Sections 122, 133 to 138 and 161 shall apply to
contracts to which this Part applies.

Rev. Stat., 4. Section 186 of The Insurance Act is repealed and the
?epSied.^^^' following substituted therefor:

Contents
of policy.

186. Every policy shall contain the name and address of
the insurer, the name and address and occupation or
business of the insured, the name of the person to
whom the insurance money is payable, the premium
for the insurance, the indemnity for which the
insurer may become liable, the event on the happen-
ing of which such liability is to accrue, and the term
of the insurance.

Rev. Stat., 6. — (1) Clausc {h) of Condition 12 of section 187 of The

condition 12', Insurance Act is amended by striking out the word "termina-

amended. tion'' in the sixth line and substituting therefor the word

"commencement" so that the clause will now read as follows:

Notice
and proof
of claim.

(6) furnish to the insurer such proof of claim as is reason-
ably possible in the circumstances of the happening
of the accident or sickness and the loss occasioned
thereby, within ninety days after the happening of
the accident, or, in the case of sickness, within
ninety days after the date of commencement of the
period of disability from sickness for which the insurer
is liable.

Rev. Stat.. (2) Condition 19 of the said section is repealed and the
obndition^ig! following substituted therefor:

repealed.

Right of
insured to
assign policy.

19. Where moneys are payable under this policy upon
the death of the insured by accident, the insured
may from time to time designate a beneficiary,
appoint, appropriate or apportion such moneys and
alter or revoke any prior designation, appointment,
appropriation or apportionment.

Rev. Stat.,
o. 222, s. 190,
repealed.

Rev. Stat.,
o. 222,s. 191,
repealed.

Rev. Stat.,
c. 222,8. 192, .
subs. 1,
amended

6. Section 190 of The Insurance Act is repealed.
7". Section 191 of The Insurance Act is repealed.

8. — (1) Subsection 1 of section 192 of The Insurance Act
is amended by striking out the figures "191" in the third line
and substituting therefor the figures "189" so that the sub-
section will now read as follows :

Variations in
conditions.

(1) If an insurer desires to vary, omit, or add to the
statutory conditions or any of them, except as

131

provided in sections 188 and 189, there shall be
printed in conspicuous type not less in size than ten
point, and in red ink, immediately after such condi-
tions, the proposed variations or additions or a
reference to the omissions, with these introductory
words :

"Variations in Conditions."

"This policy is issued on the above statutory
conditions with the following variations,
omissions or additions, which are, by virtue
of the law of this province, in force so far
only as they shall be held to be just and
reasonable to be exacted by the insurer."

(2) Subsection 2 of the said section is amended by striking ^2^-2^***192
out the figures "191" in the second line and substituting there- subs. 2,*
for the figures "189" so that the subsection will now read as*
follows :

(2) No variation, omission or addition except as provided
in sections 188 and 189 shall be binding upon the
insured unless the foregoing provisions of this
section have been complied with, and any variation,
omission or addition shall be so binding only in so
far as it is held by the court before which a question
relating thereto is tried, to be just and reasonable.

9. Clause g of section 208 of The Insurance Act is amended |^®^v,^***x^o

** O. 222, S. 20b,

by striking out the word "three" in the eighth line and sub-ci. ^g)
stituting therefor the word "four" so that the clause will
now read as follows :

(g) A society in which the persons insured do not exercise
either directly or through representatives elected for
a term not exceeding four years, effective control
over the insurance fund of the society ; or in which the
officers or other persons having the disposition, con-
trol or possession of the insurance fund are elected
or appointed for a longer period than four years.

10. Section 232 of The Insurance Act is amended by ^^^•2^*g*'232.
striking out the words "and have made a net increase in the amended.
amount of life insurance in force during the two next preceding
calendar years and" in the third, fourth and fifth lines, so

that the section will now read as follows:

232. A fraternal society licensed under this Act, having g^^^™®"*
more than five thousand members in the life insur-

131

ance department which has filed with the Superin-
tendent for at least three successive years a declara-
tion of an actuary as provided by subsection 2 of
section 220 hereof may, if its constitution so provides
and subject thereto, issue to its members endowment
insurance contracts providing for the payment of the
insurance money to such members at the expiration
of twenty or more years from the date of such
contracts, or to the beneficiary or beneficiaries under
any of such contracts in case of death of any of such
members prior to the expiration of the endowment
period.

Rev. Stat.,
c. 222, s. 256,
subs. 11,
amended.

11. Subsection 11 of section 256 of The Insurance Act is
amended by striking out the words "a fee of three dollars" in
the ninth and tenth lines and substituting therefor the words
"the prescribed fee" so that the subsection will now read as
follows:

Term

of license.

Renewal.

(11) A license issued hereunder shall expire on the 30th
day of September next after its issue unless auto-
matically suspended by notice pursuant to subsection
6 hereof or unless revoked or suspended by the
Superintendent; but such license may, in the dis-
cretion of the Superintendent, be renewed for a
succeeding year upon due application upon a form
prescribed by the Superintendent giving such
informa,tion as he may require, accompanied by a
certificate of agency appointment of a licensed
insurer and payment of the prescribed fee without
requiring anew the detailed information hereinbefore
specified.

^®„^„^***ot., 12. Subsection 1 of section 257 of The Insurance Act is
siibs. i," "amended by striking out the words "a fee of ten dollars" in
the second line and substituting therefor the words "the
prescribed fee" so that the subsection will now read as follows:

amended.

License of

insurance

brokers.

(1) The Superintendent may, upon the payment of the
prescribed fee, issue to any suitable person resident
in Canada, a license to act in Ontario as an insurance
broker to negotiate, continue or renew contracts of
insurance other than life insurance or to place risks
or effect insurance with any duly licensed insurer or
its agent.

13. Subsection 1 of section 259 of The Insurance Act is

Rev. Stat.,
o. 222, s. 259,

Imended. amended by striking out the words "a fee of twenty-five
dollars" in the second line and substituting therefor the words

131

"the prescribed fee" so that the subsection will now read as
follows :

brokers.

(1) The Superintendent may, upon the payment of the License

■ iiy>* '11* •t ^^ sp6ci&i

prescribed fee, issue to any suitable person resident insurance
in Ontario, a license to act as a special insurance
broker to negotiate, continue or renew contracts of
fire insurance on property in Ontario in insurers not
authorized to transact such business in Ontario.

14. Subsection 1 of section 263 of The Insurance Act is ^®^oo®*^*oi!o
amended by striking out the words a fee of ten dollars" in subs i
the second line and substituting therefor the words "the
prescribed fee" so that the subsection will now read as follows:

(1) The Superintendent may, upon the payment of theLicenseof
prescribed tee, issue to any suitable person a license adjuster.
to act as an adjuster.

15. — (1) This Act, except as provided in subsection 2 SeK^f"*^®'
hereof, shall come into force on the day upon which this Act ^'^*^-
receives the Royal Assent.

(2) Sections 2 to 8 inclusive shall come into force on ment°of"° '
proclamation of the Lieutenant-Governor in Council. fnciusivl.'

131

^ 'T3

•-1

►-•

ri-
ft)

l-H

«».

(xa

<0 »- >3

Is)

ft)
3

(T>

n
>

oe!
^ SI

NO 5

No. 132.

1928.

BILL

An Act to make Better Provision for Regulating
the Cutting of Timber on Public Lands.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Timber Cutting Regulation ^^o^^^^^^^-
Act, 1928.

2. Notwithstanding anything contained in any general or lowers of

... . ^ . f .. , -^ . Minister as

special Act or m any timber license, lease, concession, agree- to controii-
ment or other document under which the right to cut timber onimbe r!*^
is claimed or exercised, the Minister of Lands and Forests
shall have authority to fix the size and kind of trees and timber
which may be cut on the unpatented public lands of Ontario,
and on patented lands where the trees and timber thereon
remain the property of the Crown, and such authority may be
exercised in such parts of Ontario and for such times, and on
such conditions as the said Minister may direct, and any
directions so given may in like manner be varied from time
to time.

3. The Minister mav exercise the authority and give the Authority to

,. . . . , r -. . n . , 1-1 apply to all

directions provided for in section 2 with respect to the timber licenses
included in any license, lease, concession, agreement or other granted.
document heretofore granted, made or entered into or which
may hereafter be granted, made or entered into by the
Crown.

4. — (1) Every corporation, firm or individual who directly, Penalty.
or by any servant, agent or employee cuts or assists in cutting
any trees or timber contrary to any directions given under the
authority of this Act shall incur a penalty of not more than
$100 for each offence and in default of payment of such
penalty may be imprisoned for a period not exceeding three
months.

(2) Any penalty imposed under subsection 1 shall be penalty.
recoverable under The Summary Convictions Act. f'.^iii.^^^"

5. This Act shall come into force on the day upon which ment"cff"°^'
it receives the Royal Assent. Act.

132

o cr ■]

•I

Ci-

Cl-

h-*

««.

«».

O^s

0^5

h-*

t)^s

OfQ Q

O 3
3 OfQ g

? =^ ?r

c rr <T

" c ft

f"" (-1- r+
c« o *^

h1.

•-1

CfQ

o II
00 ,fi

No. 133.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 8 of section 401 of The Municipal Act isRev. stat.,
amended by striking out the word "If" in the eighth Hneeubs.^s?' ^°^'
thereof, and by substituting therefor the word "For," and by^™®'^^®'^-
striking out the clause "If weighing more than 1,000 pounds —

10 cents," and substituting therefor the following:

"For weighing 1,000 and less than 2,500

pounds 10 cents

"For weighing 2,500 pounds or upwards 15 cents"

2. Paragraph 36 of section 397 of the said Act is amended Rev. stat.,

by adding at the end thereof the following: par. ae!' '

amended.

"and for imposing, levying and collecting fees
for the inspection of each animal or
carcass offered for sale for human food,
within the municipality, not exceeding
those set out in the following scale:

"For inspecting beef cattle or carcass . 10 cents

"For inspecting pork, veal, lamb,
mutton, per carcass or lesser
quantity 5 cents"

133

cr
n

13
5*

3
>

5 2. ?0

en g ^

^ O

S
p

o
:^

w
r
r

Pi,

■Si.
0K>

t\>

. '~«,

i_^

«s

r-f

1— '

• Oi

3-
c

oV
>

2 G

org

No. 134.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
th'e Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Paragraph 9 of section 411 of The Municipal Act isR®v.stat

It** • t «« /■«^«i- ^* ^""^^1 B. 4JH0

amended by inserting at the end thereof the following:

"(a) The by-law may apply to any one or more classes
or kinds of wheeled vehicles."

par. 9,
amended.

134

■".So

s ^ ^

o a- J

05 «-< T

W ^

n
03

fa-
's*.

Pi-

o
3-

^ >i

Pi-
's*.

p
3

r
r

O
o O-

^"^ o

No. 135.

1928.

BILL

An Act respecting Certain Lands of the Canadian

General Electric Company, Limited, in the

County of Welland.

WHEREAS by deed dated the 5th day of August, 1910, Preambi©.
made between His Majesty King George the Fifth, of
the first part, and the Caneda Foundry Company, Limited,
hereinafter called "the Foundry Company," of the second
part, the Canadian General F21ectric Company, Limited,
hereinafter called "the Electric Company," of the third part,
and the Commissioners for the Queen Victoria Niagara Falls
Park, acting therein on their own behalf as well as on behalf
and with the approval of the Government of the Province of
Ontario, hereinafter called "the Commissioners," of the
fourth part, and registered in the Registry Office for the
county of Welland in book L-1 for the township of Bertie
on the 24th day of August, 1910, as number 14339, the Crown
granted to the Foundry Company in fee simple (in which
grant the Commissioners joined as grantors in respect of
any interest they had therein) the lands forming part of the
chain reserve along the bank of the Niagara River, described
in the schedule hereto, for the object and purpose only of
establishing and carrying on the business of shipbuilding and
of a general foundry and machine shop, and for every descrip-
tion of manufacture of iron and steel and other metal work
or in connection therewith and to deal in the same; and
whereas the said grant to the Foundry Company was made
by the Crown and the said Commissioners at the request of
the Foundry Company and the Electric Company without
any consideration and for the purpose only of enabling the
said works and business to be erected and carried on upon the
said lands; and whereas by quit claim deed dated the 30th
day of January, 1924, made between the Foundry Company,
as grantor, and the Electric Company, as grantee, and
registered in the Registry Office for the county of Welland
as number 21638, the Foundry Company did grant, release
and quit claim to the Electric Company inter alia, the said
lands described in the schedule hereto, with notice of the
aforesaid restrictions on the user of the said lands.

135

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Short title.

1. This Act may be cited as The Canada Foundry Company
Sites Act, 1928.

Land held 2. The lands described in the schedule hereto were acquired

restriction as by the Canada Foundry Company, Limited, and were con-
veyed by the Canada Foundry Company, Limited, to the
Canadian General Electric Company, Limited, its successors
and assigns, in fee, subject to the restriction that the said
lands should be used only for such purposes as are necessary
for establishing and carrying on the business of shipbuilding
and the business of a general foundry and machine shop and
of every description of manufacture of iron and steel and
other metal work.

other uses
prohibited.

3. The said Canadian General Electric Company, Limited,
and its successors and assigns shall not, nor shall any of them,
use the lands described in the schedule hereto or any part
thereof for any purpose or use whatever other than establishing
and carrying on the said businesses in section 2 hereof
referred to.

Enforcing
restriction.

4. If the said Canadian General Electric Company,
Limited, or its successors or assigns, make any use of the
lands described in the schedule hereto in contravention of
sections 2 and 3, an action may be brought by the Niagara
Parks Commission or by the Attorney-General, or by any
owner of land injuriously affected or which may be injuriously
affected by such use, for damages and for an injunction
restraining the Canadian General Electric Company, Limited,
or its successors or assigns, from making any use of the said
lands except for such purposes as are necessary for establishing
and carrying on the business of shipbuilding and the business
of a general foundry or machine shop or any description of
manufacture of iron and steel and other metal work.

ment"cff"°^' 5. This Act shall come into force on the day upon which
Aot. ii receives the Royal Assent.

135

SCHEDULE.

Firstly: Being composed of that part of the Chain Reserve in front of
Ix)t Number Fourteen, in Concession Five, Niagara River, of the Town-
ship of Bertie, and more particularly described as follows: Commencing
at the intersection of the southwestern limit of the Ridge Road as widened,
with the southwestern limit of the River Road; Thence north forty-three
degrees and eight minutes (43° 8') West, along the line of fence forming
the southwestern limit of the said River Road, seven hundred and twenty-
two feet and six and three-quarters inches (722' 6^'') to a stake planted;
Thence north sixteen degrees and fifty-four minutes (16° 54') East, to
the margin of the Niagara River; thence southeasterly along the said
margin, against the stream, to the said southwestern limit of the Ridge
Road produced northeasterly; Thence south thirty-five degrees and
fifteen minutes (35° 15') West thirty-two feet (32') more or less to the
place of beginning;

Secondly: Being composed of that part of the Chain Reserve in front
of Lot Number Nine, in the First Cross Concession of the Township of
Bertie, more particularly described as follows: Commencing at a point,
which point may be located in the following manner: Beginning at a
point in the westerly limit of said Lot Number Nine where the same is
intersected by the southwesterly limit of lands conveyed to the Canadian
Shipbuilding Company, Limited, by Deed dated 30th December, 1903,
and registered in the Registry Office for the County of Welland in Book F-1
as No. 11581; Thence south fifty-four degrees (54°) East, along the said
southwesterly limit, three hundred and forty-five feet (345') more or less,
to the easterly boundary of lands conveyed by Henry O'Brien on the
6th day of April, 1903, to the Canadian Shipbuilding Company, Limited;
Thence north fifteen degrees and fi'ty-three minutes (15° 53') East, along
the easterly limit of the lands conveyed by Henry O'Brien as aforesaid,
twelve hundred and sixty feet (1260') more or less, to the point of commence-
ment aforesaid, being in a line distant ninety feet (90') from the said
margin of the Niagara River, measured southerly at right angles thereto;
Thence easterly and parallel to the said margin, two hundred and five
feet (205') more or less, to a curved line having a radius of four hundred
and twenty-two feet and half an inch (422' ^") and defined on the ground
by posts planted ; Thence easterly along the aforesaid curved line to the
said margin of the Niagara River; Thence westerly along the said margin,
with the stream, four hundred and fifty feet (450') more or less, to the
prolongation of the westerly limit of lands conveyed as aforesaid by Deed
dated vIOth December, 1903; Thence south fifteen degrees and fifty-three
minutes C15° 53') West, to and along the sain westerly limit, ninety feet
(90'); Thence easterly and parallel to the said margin, eighty feet (80')
to the point of commencement aforesaid ;

Thirdly: That portion of the original Chain Reserve lying between
said hereinbefore described parcels of land and lying along the bank of
the Niagara River and extending to the shore edge of a certain water lot
containing sixteen and four-fifths acres, the said water lot being particularly
described in the said Deed referred to in the recital to the Act dated the
5th day of August, 1910, and registered in the Registry Office for the
Countv of Welland, on the 24th day of August, 1910, as No. 14339, in
Book L-1 for the Township of Bertie.

135

n ^

^.'^'^

3 2. JO

„ jj O

S ^ ^

o cr J

»■♦ ^

w <="

C*i

t\i

Hi*

1-^

fi) 4

-• 62 re

3 ^ "0

S'ol

Q- g 4

3 3 <w

nS E?

O ii- •-••

c :2. 3

3 O _

^ <-^ r~'

^ Ci 3

-3 S-

^ en

3 M^

o O

"^ 3
fC y ^

<p-s

00 «

No. 136.

1928.

BILL

An Act to make Better Provision for Widows and
Orphan Children.

HLS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Widows and Orphans short utie.
Maintenance Act, 1928.

2. In this Act,-

Inter-
pretation.

"Judge" shall mean judge of the surrogate court of the "J"«^Ke."
county or district in which the testator was domiciled
at the time of his death.

3. — (1) Where it is made to appear to a judge that ^^^0^^.^''^^
deceased person has by his will so disposed of his real and allowance
personal property that adequate provision has not been made testator's
for the future maintenance of his widow or of any child of the ^^ * ®*
testator under the age of eighteen years or of any dependent
child over that age who through illness or infirmity is unable
to earn a livelihood, the judge may make an order charging
the estate of the testator with payment of an allowance
sufficient to provide such maintenance.

(2) Any such allowance may be by way of an amount Form of

Li 11 1 • <• I 1 • , allowance.

payable annually or otherwise, or 01 a lump sum to be paid,
or of certain property to be conveyed or assigned either
absolutely or for life or for a term of years to the applicant,
or for her use and benefit as the court may see fit; and in the
event of a conveyance of property being ordered, the court
may give all necessary and proper directions for the execution
of the conveyance or conveyances, either by the executors or
administrators or by such other person as the court may
direct, or may grant a vesting order.

4. The application for such order may be made by thej^fi^y^ppiy
widow or any such child or by the Official Guardian.

136

Procedure. 5. — (1) The application shall be made to the judge in
chambers upon originating notice according to the practise of
the court.

When
application
to be made.

(2) Where letters probate are applied for by the widow or
by the guardian of children on behalf of such children, an
application under this section for an allowance for such
widow or for such children shall be made at the time of apply-
ing for letters probate and in every other case the application
shall be made within six months after the death of the
testator.

Distribution (3) After scrvicc of noticc of the application the executors

to Hg sts,vGcl

pending or trustees under the will of the testator shall not proceed
with the distribution of the estate until the application is

disposed of.

Notice
to parties.

6. The judge shall not make any order until he is satisfied
upon oath that all persons who are or may be interested in or
affected by the order have had notice of the application and
every such person shall be entitled to be present and to be
heard in person or by counsel at the hearing.

Evidence to 7 ^he evidence taken on any such application shall be
be given r-i- >-

orally. given orally before the judge and shall be taken down in

writing or in shorthand in the same manner as in the case of a
trial of an action before a judge without a jury.

Matters 8. The judge upon the hearing of the application shall

sidered^by enquire into and consider, —

judge.

(tt) the circumstances of the testator at the time of his
death ;

(b) the circumstances of the person on whose behalf the

application is made;

dependent of the testator;

(d) any provision which the testator may have made in
his lifetime for- his widow and children or any of
them ;

(e) any services rendered by the testator's wife or children

in his lifetime in the conduct of his business or
occupation ;

(/) any sum or any property provided by the widow or
by a child to the testator for the purpose of providing

136

a home or assisting him in his business or occupation
or for his maintenance or medical or hospital ex-
penses; and

(g) generally any other matters which the judge deems
should be fairly taken into account in deciding upon
the application.

9. Where the widow or child on whose behalf the applica- Payment for
tion is made has given personal service or the gift or loan of dered to
money or real or personal property towards the advancement *®^^^'^°'"*
of the testator in his business or occupation, the judge may
in and by his order fix a value in money upon such services
or may fix the amount or value in money of any gift or loan
so made, and may direct that the widow or child shall rank as
a creditor upon the estate therefor, in the same manner and
to the same extent as a judgment creditor upon a simple
contract debt, but save as aforesaid an allowance payable
under this Act shall be postponed to the claims of creditors
of the estate.

10. No order shall be made under this Act in favour of a when widow
widow who was living apart from her husband at the time '^^^^^^ '^® •
of his death under circumstances which would disentitle her

to alimony.

11. Subject to the provisions of section 8 the amount or Allowance
value of any allowance ordered to be paid shall not exceed ceed share m
the amount to which the person in whose favour the order is estate^^^ *

made would
intestate.

have been entitled if the testator had died

12. The judge may direct that the costs of the application Costs,
shall be payable out of the estate or otherwise as he may
deem just.

13. An appeal shall lie to the Appellate Division from any Appeal,
order made under this Act and a Divisional Court upon such
appeal may annul the order or reduce or increase the amount

or value of any allowance fixed by the order and the decision
of the court upon the appeal shall be final.

14. The Judges' Orders' Enforcement Act shall apply to any Application
order made under this Act. c iii."

15. This Act shall come into force on the 1st day of July, Commence-

■' J J ' ment of

1928, and shall have effect as to the estate of any person Act.
dying on or after the day upon which it receives the Royal
Assent.

136

^ n3

3 D.

go.

o cr

ri-

m
o

c/i
O

0^5

fO i-t-
'^ '-t

1-1

crq

•<

<-;

r»

K- '

<5I

No. 137.

1928.

BILL

An Act to amend The Ditches and Watercourses

Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 12 of The Ditches and Watercourses
amended by adding at the end thereof the following:

Act

. Rev. Stat.,

ISc. 316, s. 12,

amended.

Provided, however, that where a ditch has been in
existence for fifteen or more years and the services
of an engineer have been rendered and an award
made regarding the same on two or more occasions,
no proceedings may be taken under this section
without the consent of a majority of the owners or
occupants of the lands to be affected.

2. This Act shall come into force on the day upon which it ^e^t"(ff"^®Jt^
receives the Royal Assent.

137

^ T3

3 n.

o cr

f-h

PL
C^5

Pi-

<s>.

(A3

hf^

Pi-

0^a

P
CL

No. 138.

1928.

BILL

An Act to vest certain lands in His Majesty.

HIS MAJEvSTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The University Lands Act, 1928. short title.

2. The lands described as follows, namely: —

Firstly: All and singular that certain parcel or tract of Lands in and
land and premises situate, lying and being in thegu^een's
city of Toronto, in the county of York and Province l^^cr J^n*®'^
of Ontario, and being composed of part of lot
number thirteen (13) according to plan registered
in the Registry Office for the city of Toronto as
number D-18, more particularly described as
follows: Commencing at the southeasterly angle
of said lot number thirteen (13) said angle being
also the northeasterly angle of lot number fifteen (15)
according to said registered plan D-18; thence
northerly in a straight line a distance of two hundred
and seventy- three (273' ) feet more or less, said
straight line being the production northerly of the
easterly limit of said lot number fifteen (15), to a
point where the said straight line intersects the
northerly limit of said lot number thirteen (13);
thence easterly along the said northerly limit of
lot number thirteen (13) one hundred and thirty
feet (130') more or less to the northeasterly angle
thereof; thence southerly along the easterly limit
of said lot one hundred and fifty-one feet ten inches
(151' 10") two (2) chains and thirty (30) links
more or less to the place of beginning.

Secondly: The whole of lots numbers sixteen (16),

seventeen (17), cipjhlcen (18), r.lneleen (19), twenty
(20), l\veiii\-(»iie (21), twenty-five (25), twenty-six
(26) and tweuLy-seveii (27), according to said
registered plan L)-18;

138

are hereby vested in His Majesty the King in the right of
the Province of Ontario for the general purposes of the
Province, free from all covenants, conditions, restrictions,
liens, charges and encumbrances, except in the case of the
lands firstly described, a life interest in one Charlotte Louisa
Beatty, and as to the lands secondly described, all existing
leases and tenancies.

Annual pay- 3. The Treasurer of Ontario is authorized to pay to the
unfversity Governors of the University of Toronto out of the Con-
years!^'^*^ solidated Revenue Fund in each year, commencing with the

present fiscal year 1927-1928, for a period of twenty years,

the sum of $52,157.68.

Commence-
ment of Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

138

'-0

-i

en'

O
O

?5-

h- »

r-h

fi.

S-

>f».

1^5

tA5

»— <

^ 5

o -^
1-1 _.

00 »

No. 139.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 65 of The Municipal Act is amended by adding ^^^-l^^at
thereto the following subsection: amended.

Za. Where the election of aldermen in cities and coun- where

cillors in towns is by general vote the council may by ge^neraf vote.
by-law provide that the meeting for the nomination
of candidates for aldermen or councillors shall be
held at the same time and place as the nomination
for mayor.

2. This Act shall come into force on the day upon which mentTf""^^
it receives the Royal Assent. -^<^*-

139

:z;

••

0^5

tsj

■-t

►-»

?i.

t-^

<:^

?i.

Pi.

<s».

CX5

?!=>

CD
3

"5'
>

o (

No. 140.

1928.

BILL

An Act to amend The Power Commission Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Power Commission yld, short title.
1928.

2. Subsection 1 of section 14 of The Power Commission ^^'^■^^^^■'

c 5T s 14

Act is amended by striking out clause {h) and substituting subs' i,
therefor the following: amen

(b) to such further extent as may be necessary to repay ^f'r^Jcefpts'in
any advances hereafter made bv the Province to the sinking fund

-',, . "I'l .1 account.

Commission in annual sums which with interest
thereon at the rate of four per centum per annum
will be sufficient to meet such advance within a
period of forty years which period shall commence
one year from the end of the fiscal year in which
such advance is made or in case postponement is
authorized under section 16 then within forty years
from the end of the fiscal year in which such post-
ponement terminates.

3. Section 56 of The Power Commission Act is repealed and ^®^- s*^*^-
the following substituted therefor:

c. 57, s. 56,
repealed.

56. Notwithstanding anything in any general or special ^^^^ °^
Act heretofore passed or in any contract heretofore nnunici-
entered into, and except where under the terms of
any such contract power or energy is to be supplied
to a municipal corporation at a fixed price, the
price payable for power or energy by any municipal
corporation shall be the cost to the Commission, as
determined by it, of supplying and delivering power
or energy to the corporation, including the corpora-
tion's proportion, as adjusted bv the Commission,
of-

140

(a) the cost of operating, maintaining, renewing
and insuring the works and the cost of
administration of the Commission;

(b) interest at the rate or rates payable by the

Commission upon the money expended by,
or the obligations assumed by, the Commission
in the construction or purchase of works, and
upon all such other expenditures as the Com-
mission may make under the provisions of
this Act and upon working capital;

with interest at four per centum per annum,
a sinking fund for the repayment of the
advances made by the Province of Ontario
under this Act for the payment of the cost
of the works and also for the repayment of
any other indebtedness incurred or assumed
by the Commission in respect of the cost of
the works.

^®5^'^* 6*3; 4. Subsection 5 of section 63 of The Power Commission
replaied. ^ct is repealed.

5. Section 73 of The Power Commission Act is amended

Rev. Stat.,
c. 57, s. 73,

amended. \^y adding thereto the following subsection:

street
lighting in
areas in rural
power
districts.

(6) The council of the corporation may by by-law
provide that such part of the said costs as to the
council may seem proper shall be paid by the
corporation and be chargeable to the municipality
as a whole and while the said by-law remains in
force only the moneys required to meet the balance
of the said costs shall be raised in the manner
prescribed in subsection 5 of this section, and the
assent by the electors shall not be required to any
such by-law.

By-laws
confirmed.

6. By-laws numbers 1805 and 1806 of the corporation of the
town of Lindsay; By-law number 605 of the corporation of
the town of Milton; By-laws numbers 19 of 1921 and 54 of
1927 of the corporation of the village of Finch; By-laws
numbers 299 and 302 of the corporation of the village of
Richmond; By-law number 570 of the corporation of the
township of Amaranth ; By-law number 14 of the corporation
of the township of Arran; By-law number 551 of the corpora-
tion of the township of Binbrook; By-law number 321 of the
corporation of the township of Camden; By-law number 481
of the corporation of the township of Caistoi ; By-law number

140

897 of the corporation of the township of Clarke; By-law
number 9 of the corporation of the township of Colborne;
By-law number 9 of 1927 of the corporation of the township
of Dawn; By-law number 8 of 1927 of the corporation of the
township of Derby; By-law number 972 of the corporation
of the township of Douro; By-law number 290 of the corpora-
tion of the township of East Garafraxa; By-law number 996
of the corporation of the township of East Whitby; By-law
number 593 of the corporation of the township of Euphemia;
By-law number 9 of 1927 of the corporation of the township of
Finch ; By-law number 245 of the corporation of the township
of Fullarton; By-law number 22 of the corporation of the
township of Gloucester; By-law number 1185 of the corpora-
tion of the township of Hamilton; By-law number 20 of the
corporation of the township of Holland; By-law number 942
of the corporation of the township of Hope; By-law number
6 of 1927 of the corporation of the township of Hullett;
By-law number 764 of the corporation of the township of
Louth; By-law number 1093 of the corporation of the town-
ship of Maidstone; By-law number 325 of the corporation of
the township of March ; By-law number 903 of the corporation
of the township of Markham; By-law number 242 of the
corporation of the township of Matchedash; By-law number
545 of the corporation of the township of Monck; By-law
number 10 of 1927 of the corporation of the township of
Moulton ; By-law number 439 of the corporation of the town-
ship of North York; By-law number 345 of the corporation
of the township of Onondaga; By-law number 1288 of the
corporation of the township of Pickering; By-law number 454
of the corporation of the township of Richmond; By-laws
numbers 901 and 902 of the corporation of the township of
Rochester; By-law number 117 of 1926 of the corporation of
the township of Stamford; By-law number 874 of the cor-
poration of the township of Sidney; By-law number 9 of the
corporation of the township of Stanley; By-law number 461
of the corporation of the township of Tilbury West; By-law
number 1192 of the corporation of the township of Vaughan;
By-law number 3 of 1927 of the corporation of the township
of East Wawanosh ; By-law number 6 of the corporation of the
township of West Wawanosh; By-law number 1143 of the
corporation of the township of Whitby; By-law number 114
of the corporation of the township of West Ferris; By-law
number 616 of the corporation of the township of West
Williams; By-law number 445 of the corporation of the
united townships of Medora and Wood, and all debentures
issued or to be issued or purporting to be issued under any
of the said by-laws which authorize the issue of debentures,
are confirmed and declared to be legal, valid and binding
upon such corporations and the ratepayers thereof respec-
tively and shall not be open to question upon any ground
whatsoever notwithstanding the requirements of The Power

140

Commission Act or the amendments thereto or any other
general or special Act of this Legislature.

ment of "7. This Act shall come into force on the day upon which

^°^' it receives the Royal Assent.

140

n
*T3

S '13

3 2.

crp 3

""??

S*^

:z;

O D-

n
o
o

til

C-0

t\i

l-t

^-^^

fi-

:3-

1—'

ON
f-t-

«».

0^a

1—'

??*

tv)

3.3

2. 3
o' CL

^ H

> =^
n n>

r
r

■-t

3 i

crq

rt-#

5" 4

•-1 ''

1— »

-j

'•

No. 141.

1928.

BILL

An Act to amend The Highway Improvement Act.

HIS MAJESTY, by and with the advice and consent cf
the Legislative Assembly of the Province cf Onlario,
enacts as follows:

1. This Act may be cited as The Highway Improvement Act, short title.
1928.

2. Section 22 of The Highway Improvement Act is anrended ^^^'^ l^lV
by adding thereto the following subsection : amended. '

(6) To remove doubts, it is declared that any by-law of Bridges

,1 -If 1 1 1 • • reverting to

the council oi a county passed under this section townships.
shall have effect notwithstanding anything con-
tained in the provisions of The Municipal Act
respecting highways and bridges.

3. The clause lettered a in subsection 5 of section 28 ofRev. stat.,
The Highway Improvement Act is amended by inserting after subs' 5, ci.' a,
the word "expended" the words "under the supervision of^"^®" ® "
the county road superintendent."

4. Section 44 of The Highway Improvement Act is amended ^®g^- ^*^V
by adding thereto the following subsection : amended. '

(6) Where a township receives aid from the Province ^eSt^of'
in excess of sixty per centum of the cost of the work township

•' ' road supenn-

dope upon any township road, the Minister may, tendent.
if he deems it expedient so to do, appoint a road
superintendent for the purpose of overseeing the
work to be undertaken and in that case it shall not
be necessary for the council of the township to
appoint a road superintendent and the superin-
tendent appointed by the Minister shall possess
and exercise as to the work all the powers of a
township road superintendent appointed in accord-
ance with subsection 1.

6. Section 50 of The Highway Improvement Act is repealed ^®g^- |*^*j'
and the following substituted therefor: repealed.

141

Additional
aid to town-
ship for road
improve-
ments.

50. Where a township has complied with the provisions
of this Act and the regulations made thereunder
and in the opinion of the Minister it is unfair, owing
to the location of the township or for any other
reason, that the township should bear the cost of
constructing or improving any road in such town-
ship, there may be paid to the township in any
year, upon • the recommendation of the Minister,
as aid in excess of that which may be granted under
section 48, such an amount as he may deem sufficient
to relieve the township of excessive taxation for the
work undertaken and such aid shall be chargeable
to the fund, but in any one year the total aid granted
shall not exceed ninety per centum of the amount
expended in such township nor the sum of $6,000
in all, and where aid is granted under this section
it shall be in lieu of any other grant to which the
township might be entitled under any other Act.

Island
township
and ferry
service.

(a) Where the township is an island in estimating
the amount of aid to which the township may
be entitled under this Part there may be
included the whole or such proportion as the
Minister may direct, of the cost of the estab-
lishing and maintenance of a ferry service
between the island and the mainland by the
municipal corporation of the township or its
lessee or licensee.

Rev. Stat.,
c. 54, s. 65,
subs. 4,
amended.

6. Subsection 4 of section 65 is amended by striking out
the following words in the tenth line: "under the provisions
of," and substituting therefor the words "maturing within a
period not exceeding twenty years from the date of issue of
the debentures and payable in any manner provided by,"
and by striking out after the word "Act" in the tenth line the
following words: "to be payable in such period as the Depart-
ment rnay approve, but not exceeding twenty years at the
furthest from the time or times when such debentures are
issued," so that the subsection will now read as follows:

(4) Where it is deemed by the Minister desirable and
expedient that a highway or portion thereof within
a city, town or village, including any necessary
bridges, should be constructed as a connecting link
between portions of a provincial highway cr a
provincial suburban highway, the Department may
designate such highway cr porticn thereof within
the city, town cr village to be constructed by
the city, town or village, and the council of the
corporation of the city, town cr village may pass
by-laws for issuing, and may issue debentures

141

maturing within a period not exceeding twenty

years from the date of issue of the debentures and „ .,. ^

•^ . Rev. Stat.,

payable in any manner provided by The Municipal c. 233.
Act, for an amount sufficient to pay the cost of the
construction of the highway and bridges within the
said city, town or village, but it shall not be neces-
sary for the council to obtain the assent of the
electors to any by-laws for the issue of debentures
under this subsection nor to observe the formalities
in relation thereto prescribed by The Municipal Act. J^Jss^*^*"

7. The Highway Improvement Act is amended by adding at ^^54,^*^*'
the end of Part V the following section: amended.

77a. Notwithstanding anything in this Act or in 7"/}^ Reference o

clS/ims ©t c

Public Works Act contained where any claim is made to Raiiway"
for damages or compensation in respect of land cipai Board.
affected or taken or in respect of any work con-
structed or in course of construction, or as to the
right of the Department to do or undertake any
work under this Part, or in respect to any injury
alleged to have been done to any person or property
in the course of anything done or purporting to
be done under the provisions of this Part, no action
or other proceeding shall lie in respect of such
matter but the same shall be heard and determined
by the Ontario Railway and Municipal Board and
the decision of the Board shall be final, subject to
an appeal to the Appellate Division as provided by
The Railway and Municipal Board Act. ^Yis^*^*"

8. Section 83 of The Highway Improvement Act is amended ^5^, 1*83,'
by adding thereto the following subsection : amended.

(4) The council of a township may apply to the Depart- sidewalks
ment for authority to construct a sidewalk or foot- paths on
path on a provincial highway or county road and and^county
the Department may grant such authority, and highways.
upon the completion of the work may approve of
the same at their discretion, and upon such approval
being given the Minister may authorize the pay-
ment to the township out of the fund of an amount
not exceeding 30 per centum of the cost of the work.

9. — (1) The Highway Improvement Act is amended byc.^si, ^ "
adding thereto the following section: amended.

88. Where under any Act of this Province a commission ^^'^ *°. .

■' commissions

IS appomted for the purpose of exercismg or carrying governing
out in any particular locality powers elsewhere localities.

141

exercisable by a municipal council with respect to
the construction or improvement of roads, the
Minister, upon proof to his satisfaction of the
amount expended and raised by taxation in the
district under the control of the commission for
the construction or improvement of any road, may
direct payment out of the fund to the commission
of the amount of 30 per centum of the cost of the
work.

Village of
Hastings
authorized
to issue
debentures
to pay for
improve-
ments.

(2) The amendment made by subsection 1 shall have effect
as from the 1st day of January, 1927.

10. The municipal council of the village of Hastings, in
the county of Northumberland, may pass a by-law or by-laws
for issuing and may issue debentures maturing within a
period not exceeding twenty years from date of issue and
payable in any manner provided by The Municipal Act to
an amount not exceeding in the whole the sum of $35,000, —

(a) To defer the cost heretofore incurred of paving and
improving certain streets in the said village, forming
connecting links in the county highway system, in
accordance with the agreement entered into between
the corporation of the said village and the municipal
corporation of the united counties of Northumber-
land and Durham, dated the 17th of June, 1927.

ip) To defer the cost heretofore incurred of paving and
improving Bridge Street northerly from Front
Street to Albert Street in the said village.

Rev. Stat.,
c. 233.

Commence-
ment of
Act.

(c) It shall not be necessary for the council to obtain
the assent of the electors for any by-law for the
issuing of debentures under this subsection, or
observe the formalities in relation thereto as pre-
scribed by The Municipal Act.

1 1 . This Act shall come into force on the day upon which
it receives the Royal Assent.

141

•13

•-J

S •D

3 "»

c;q 3

« S"

2=^

:25

o cr

M
Z

■-t

t«tt

?J-

I—'

<s>

r-f

0^a

(-t-

crq'

o C

'^ 2-1

^9r

No. 141.

1928.

BILL

An Act to amend The Highway Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Highway Improvement Act, Short title.
1928.

2. Section 22 of The Highway Improvement Act is amended ^^^^ 1*^22'
by adding thereto the following subsection: amended.

(6) To remove doubts, it is declared that any by-law of Bridges

^ ' Mr 1 1 1 • • reverting to

the council ot a county passed under this section townships.
shall have effect notwithstanding anything con-
tained in the provisions of The Municipal Act
respecting highways and bridges.

3. The clause lettered a in subsection 5 of section 28 ofR-ej stat
The Highway Improvement Act is amended by inserting after subs' 5", ci.' o,
the word "expended" the words "under the supervision of

the county road superintendent."

4. Section 44 of The Highway Improvement Act Is amended ^5^- 1*44*
by adding thereto the following subsection : amended.

(6) Where a township receives aid from the Province ^^^t^of"
in excess of sixty per centum of the cost of the work ^°^J^|^|p ^. j^_
done upon any township road, the Minister may, te^dent.
if he deems it expedient so to do, appoint a road
superintendent for the purpose of overseeing the
work to be undertaken and in that case it shall not
be necessary for the council of the township to
appoint a road superintendent and the superin-
tendent appointed by the Minister shall possess
and exercise as to the work all the powers of a
t6wnship road superintendent appointed in accord-
ance with subsection 1.

6. Section 50 of The Highway Improvement Act is repealed ^®g^- |*^*q'
and the following substituted therefor: repealed.

141

Additional
aid to town-
ship for road
improve-
ments.

50. Where a township has complied with the provisions
of this Act and the regulations made thereunder
and in the opinion of the Minister it is unfair, owing
to the location of the township or for any other
reason, that the township should bear the cost of
constructing or improving any road in such town-
ship, there may be paid to the township in any
year, upon the recommendation of the Minister,
as aid in excess of that which may be granted under
section 48, such an amount as he may deem sufficient
to relieve the township of excessive taxation for the
work undertaken and such aid shall be chargeable
to the fund, but in any one year the total aid granted
shall not exceed eighty per centum of the amount
expended in such township nor the sum of $6,000
in all, and where aid is granted under this section
it shall be in lieu of any other grant to which the
township might be entitled under any other Act.

Island
township
and ferry
service.

Rev. Stat.
c. 54,
amended.

6. — (1) The Highway Improvement Act is amended by
adding at the end of Part V the following section :

Reference of
claims, etc.,
to Railway
and Muni-
cipal Board.

Rev. Stat.,
o. 225.

77a. Notwithstanding anything in this Act or in The
Public Works Act contained where any claim is made
for damages or compensation in respect of land
affected or taken or in respect of any work con-
structed or in course of construction, or as to the
right of the Department to do or undertake any
work under this Part, or in respect to any injury
alleged to have been done to any person or property
in the course of anything done or purporting to
be done under the provisions of this Part, no action
or other proceeding shall lie in respect of such
matter but the same shall be heard and determined
by the Ontario Railway and Municipal Board and
the decision of the Board shall be final, subject to
an appeal to the Appellate Division as provided by
The Railway and Municipal Board Act, t^^but this
section shall not be deemed to apply to any claim
for damages due to negligence or failure to keep in

141

repair any provincial highway as provided by this
Act.

(2) The amendment made by subsection 1 shall have effect
as to any claim in respect to any work heretofore begun or
undertaken and as to which no action or other proceeding
has been commenced prior to the passing of this section.

7. Section 83 of The Highway Improvement Act is amended ^54,1*83,"
by adding thereto the following subsection: amended.

(4) The council of a township may apply to the Depart- sidewaika

^ c ^, .^ .-1 11 r and foot-

ment tor authority to construct a sidewalk or foot- paths on
path on a provincial highway or county road and andTcounty
the Department may grant such authority, and ^'^*^'^^^^"
upon the completion of the work may approve of
the same at their discretion, and upon such approval
being given the Minister may authorize the pay-
ment to the township out of the fund of an amount
not exceeding 30 per centum of the cost of the work.

8. — (1) The Highway Improvement Act is amended by ^^5^4®*^*-'
adding thereto the following section : amended.

A commission appointed under any statute of Ontario Aid to

r .1. _ r • • • ^ • commissions

tor the purpose ot exercising or carrying out in any governing
particular locality power elsewhere exercisable by afocauuee.
municipal council with respect to the construction or
improvement of roads shall have the like rights and
powers and shall perform the like duties and be
entitled to the same aid as the council of a township
under the provisions of this Act.

(2) The amendment made by subsection 1 shall have
effect as from the 1st day of January, 1927.

9. This Act shall come into force on the day upon which Commenoe-

1 T-. 1 A J f ment of

It receives the Royal Assent. Act.

141

?. 13

OP 3

PJ-

«> Pi,

ft-

'-'

H-»

1— '

«>

'-^

i-i-

ft-

"zy

■*

H-k

^ .

0«5

\ft

I— 1 <-t

< §

ft> 2

3 3

ft-

<Si.

3 H

-^ =r

CfP*
3-

ft)

•o

No. 142.

1928.

BILL

An Act to amend The Local Improvement Act.

HIS Majesty by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows:

1. The Local Improvement Act is amended by adding ^^^g^g^****
thereto the following section :

29a. Where the land abutting directly on any work Assessment

undertaken as a local improvement is a right-of-way way or raii-

way etc
for a railway or for the transmission of electrical

power the Council may exercise the powers con-
ferred by subsection 1 of section 29 with respect to
that part of the cost which would otherwise be
specially assessed against such right-of-way.

142

«-»•

sr
n

5 "Tj

3 2.

CO ^

n
o
o

K»

t— ' r/j

00 5*

•-t
o

? 1

? Of

rt-
3*

5:^

>
o

o
o
P,

1—4

-o
•-t
o

Legislature,

1928.

VA T

No. 143.

1928.

BILL

An Act to amend The Municipal Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 397 of The Municipal Act is amended by inserting Rev. stat.
the following paragraph : amended.

4a. For licensing, regulating and governing dealers in
coal or coke and for revoking and cancelling the
license of any such dealer who has been convicted
of an offence against any provision of such by-law
or of any by-law passed under paragraph 11 of
section 400.

(a) The fee for such license shall not exceed $20
per year.

2. Section 400 of The Municipal Act is amended by inserting ^^2^3^ g^*"
the words "a description and grade of the coal or coke" after 4bo, p'ar'ii

the word
section.

'written" in the twelfth line of paragraph 11 of said

amended.

143

n
w

til

Of<5

a
Pi-

Pi-
's*.

•Si.

0^5

a
H

c
>

No. 144.

1928.

BILL

An Act to amend The Public Utilities Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Subsection 2 of section 39 of The Public Utilities Act is Rev. stat.,
amended by adding at the end thereof the following: 39^subs. 2,

amended.

"and when such approval has been given such salary or
other remuneration shall not be changed or dis-
continued by the council without the consent of The
Hydro- Electric Power Commission of Ontario."

144

H
)5'

ii~: ^

'PI

n
o
o

g Ov

"O
00

0^5

o
<-t

(-+
o

n>
H

<X>

c
a;

l-H

S 1:]

00 2, I

No. 145.

1928.

BILL

An Act respecting the Acquisition of Land for
School Purposes.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The School Sites Act, 1928. Short title.

2. In this Act, —

Inter-
pretation.

(a) "Board" shall mean and include board of public "Board."
school trustees, board of separate school trustees,
board of education, high school board and advisory
committee appointed under The Vocational Educa-
tion Act.

(b) "Judge" shall mean judge or junior or acting judge "Judge."
of the county or district court of the county or
district in which lands to be acquired for a school

site under this Act are situate.

and occupant and any person entitled to a limited
estate or interest, and a guardian, executor, adminis-
trator or trustee in whom land or any interest
therein is vested;

(d) "School site" shall mean the land necessary for a "School
school house, school garden, teacher's residence,
caretaker's residence, drill hall, gymnasium, offices

and playgrounds connected therewith, or other land
required for school purposes or for the offices of a
board. R.S.O. 1927, c. 335, s. 1. Amended.

3. A judge who is a member of a board shall not act intoactwh*en
any matter under this Act in which the board is interested, bifa^rd ^'^ °^
R.S.O. 1927, c. 335, s. 1. Part.

4. The powers and duties conferred and imposed upon a duues^to^be

subject to
regulations.

145

board by this Act shall be subject to the regulations made
under The Department of Education Act. R.S.O. 1927, c. 335,

s. 2.

Restrictions
as to selec-
tion in
townships.

Exception.

5. — (1) In a township a school site shall not be selected nor
shall an existing school site be enlarged so as to include land
which comprises or forms part of or is situate within one
hundred yards of an orchard, garden, pleasure-ground or
dwelling-house without the consent of the owner of such
orchard, garden, pleasure-ground or dwelling-house unless the
judge, upon the application of the board and after notice to
all persons interested, certifies in writing that other land
suitable for the required purpose cannot be obtained.

(2) Where the judge so certifies the board shall pay to the

Compen-
sation to

orchard^ etc ^wner of the orchard, garden, pleasure-ground or dwelling-
house such sum as the judge, on the application of the owner,
shall determine to be a fair compensation for having the
school site located within such distance, and the costs of the
application shall be in the discretion of the judge.

^fsectfo^n"^ (^) This section shall not apply to that part of a township
limited. which lies within two miles from the limits of a city having

a population of over 100,000. R.S.O. 1927, c. 335, s. 3.

Board may
purchase or
expropriate.

6. — (1) Subject to the provisions of section 5 and to the
provisions of The Public Schools Act, as to the selection of a
site by the board of a rural school section every board may
acquire by purchase or otherwise or may expropriate any land
described in a resolution of the board declaring that the same
is required for a school site or for the enlargement of a school
site.

Acquiring
land in
township
adjoining
city.

(2) The board of education for a city may acquire by
purchase or otherwise, or may expropriate land in a township
for the purposes of a school site where such land adjoins a
road forming a boundary road between the city and the
township.

Land not to
be exempt
from
taxation.

(3) Where a board of education expropriates land under
the provisions of subsection 2, such land shall not be exempt
from taxation by the township, but the corporation of the
township and the board of education may agree upon a fixed
annual sum to be paid as taxes upon the said land, or in case
of disagreement the amount shall be determined by the judge.
R.S.O. 1927, c. 335, s. 4.

Acquiring
land outside
city for
school sites.

Rev. Stat.,
o. 334.

"7. — (1) The board of education of a city having a popu-
lation of 50,000 or over or any advisory committee appointed
by the board under The Vocational Education Act, may

145

acquire by purchase or otherwise any land in an adjacent
municipality which the board or such advisory committee
deems it desirable to acquire, in view of the p?obable further
extension of the limits of the city, so as to include such land,
but no land shall be acquired under this section at a greater
distance than one mile from the limits of the city, and all land
so acquired, so long as it is held by the board or such advisory
committee, shall be subject to municipal assessment and
taxation in the municipality in which it is situate.

(2) Nothing contained in subsection 1 shall be deemed to Expropria-
authorize the expropriation of rand by the board or the authorized.
advisory committee of such city in any other municipality.

(3) Where a board or an advisory committee has acquired Power to
land in any municipality under the provisions of subsection 1, si?^°so °
and the same appears to the board or the advisory committee ^'^'^"^^®^'
to have become undesirable for school purposes, the board or

the advisory committee may sell, lease, or otherwise dispose
of the same as it may deem expedient.

(4) This section shall have effect and apply as to all lands Section

r6tro3,ctiv6

so acquired by the board of education or the advisory com-

mittee of a city since the 1st day of January, 1910.
1927, c. 335, s. 5.

R.S.O.

8. At any time after a board passes a resolution declaring prder for

■' . 1 r 11- f 1 1 immediate

that any land is requited tor a school site, or tor the enlarge- entry on
ment of a school site and that immediate possession thereof
is required by it, the board, by leave of the judge and upon
payment into the Supreme Court of a sum sufficient, in the
opinion of the judge, to satisfy the compensation, may enter
upon and take possession of the land, and if any resistance or
forcible opposition is made to its so doing, the judge may
issue his warrant to the sheriff of the county in which the land
lies to put the board in possession, and to put down such
resistance or opposition, which the sheriff taking with him
sufficient assistance, shall accordingly do. R.S.O. 1927,
c. 335, s. 6.

9. — (1) Every corporation, tenant in tail or for life, who may
guardian, executor, administrator and every trustee (not only convey to
for and on behalf of himself, his heir and successors but also for
and on behalf of those he or they may represent, whether
married women, infants, unborn issue, lunatics, or idiots), or
other person, seized, possessed of or interested in any land
may contract for, sell and convey all or part thereof or any
interest therein to a board for a school site or for an enlarge-
ment of or addition to a scho.ol site; and any contract, agree-
ment, sale, conveyance or assurance so made shall be valid

145

and effectual to all intents and purposes.
c. 335, s. 7 (l^.

R.S.O. 1927,

Where there
is no person
who can
convey.

(2) Where there is no person who under the provisions of
subsection 1 of this section may contract, sell or convey,
the Supreme Court may on the application of the board
appoint some person to act for and on behalf of the owner
for the purposes mentioned in subsection 1 and in any pro-
ceedings which may be taken under this Act, and may give
proper direction concerning the disposition of the purchase
money. R.S.O. 1927, c. 335, s. 7 (2). Amended.

10. — (1) Where the owner and the board are unable to
agree on the compensation to be paid to the owner the amount
to be paid shall be fixed and determined by the judge upon
oral evidence at such time and place as he may upon notice
to all concerned appoint.

(2) The hearing shall be conducted in the same manner
as nearly as may be as in the case of a trial before the judge
in an action in the county court and a subpoena may issue
from the county court to command the attendance of witnesses.

Duties of

Sheriff and (3) The sheriff and the clerk of the county court shall
perform the same duties and shall be entitled to the same fees
as in the case of a trial in the county court.

Voluntary
submission
to arbi-
tration.

Hearing.

Appeal.

(4) An appeal shall lie from the decision of the judge to the
appellate division. New.

pajfabfe to H- The judgc shall determine what interest, if any, shall
owner. |^g p^j^ ^q ^j^g owner. New.

Judge may
order notice
to be pub-
lished and
mailed.

12. — (1) On filing with the county judge the certificate of
an Ontario land surveyor that he is not interested in the
matter, that he knows the land, describing it, and that some
certain sum named in the certificate is, in his opinion, a fair
compensation for the land, the judge, if satisfied by affidavit
or other evidence, that diligent enquiry has been made and
that the owner is unknown or cannot be found, may order
that a notice be inserted for such time as he may deem proper
in some newspaper published in the county or district and
may order that notice be also sent to any person by mail or
served upon him in such manner as the judge may direct.
R.S.O. 1927, c. 335, s. 10 (1).

Contents
of notice.

(2) The notice shall contain a short description of the land
and a statement of the readiness of the board to pay the
sum so certified, shall give the -name of the judge who is to
determine the compensation under this Act and shall state the

145

time within which the oflfer is to be accepted, and such other
particulars as the judge may direct. R.S.O, 1927, c. 335,
s. 10 (2). Amended.

(3) If within the time stated the owner does not notify the Sf^fj^i „

^ ' . ^ - mining com-

board of his acceptance of the sum offered, the judge may pensation.
proceed ex parte on oral evidence to determine the compensa-
tion to be paid. New.

13. The judge may hear and determine all claims or rights Arbitrators

r , y , may deter-

01 encumbrancers, lessees, tenants, occupants or other persons mine claims
as well as those of the owner in respect to the land, provided brancer^etc.
that in such case the claimant or other person has first received
ten clear days' notice of the intention to determine his claim
or right. R.S.O. 1927, c. 335, s. 11. Amended.

14. Where part only of the lot or parcel of land of the Damages
owner is required the judge shall include in the compensation severance,
the amount which will in his opinion compensate the owner

for any damage directly resulting from severance. R.S.O,
1927, c. 335, s. 12. Amended.

15. — (1) A notice of intention to acquire land may be Right of
desisted from by the board at any time within twenty-one ^^^^ ment.
days after the amount has been determined by the judge by
giving written notice to the owner and filing the same with
the clerk of the county court but the board shall in that case
pay the whole cost of the proceedings and all damages sus-
tained by the owner in consequence of the taking and
abandonment and such costs shall be ascertained in a summary
way by the judge. R.S.O. 1927, c. 335, s. 13 (1). Amended.

(2) The right of desistment shall not be exercised more Not to be

, ^,~,^..^^w ^^,- ^^ /^N exercised

than once. R.S.O. 1927, c. 335, s. 13 (2). more than

once.

16. The costs of the proceedings shall be in the discretion Cost of
of the judge, who may direct to and by whom and in what
manner such costs or any part thereof shall be paid, and he

may award any costs to be paid as between solicitor and
client. *R.S.O. 1927, c. 335, s. 14. Amended.

17. If the amount determined by the judge and any cost Vesting
awarded has been paid in the manner and to the person °^
directed by the judge, he may make a vesting order vesting

the land taken in the board and such order may be registered
and shall confer upon the board a good title to the land taken.
New.

18.

145

(1) Every sum to be paid as compensation shall be ^° -l^^^tJ; ^e

paid within
thirty days.

paid within thirty days after the determination of the amount
to be paid. R.S.O. 1927, c. 335, s. 18 (1). Amended.

Payment
into court.

(2) Where the person entitled thereto is absent or where
for any other reason payment of such sum cannot be made
pursuant to the award, or if the title to the land or any
interest therein or the right to any part of the compensation
is in doubt, or if for any other reason the board deems it
advisable the board may pay the sum awarded or any part
thereof into the Supreme Court with six months' interest
thereon. R.S.O. 1927, c. 335, s. 18 (2).

19. The compensation for any land which is taken without

Compensa-
tion

awarded to the consent of the owner shall stand in the stead of the land :

stand in the , i • • i

stead of land and any claim to or mcumbrance upon such land, or any part
thereof, shall, as against the board, be converted into a claim
to the compensation or to a like proportion thereof and it
shall be responsible accordingly, whenever it has paid the
compensation, or any part thereof, to a person not entitled
, to receive the same, saving alwavs its recourse against such

person. R.S.O. 1927, c. 335, s. 19.

Compensa-
tion to be
determined
by official
arbitrator.

20. In the case of a municipality for which an official
arbitrator has been appointed under The Municipal Arbitra-
tions Act the compensation to be paid to the owner shall be
determined by the award of the official arbitrator instead of
by the judge as hereinbefore provided, and the provisions of
that Act shall mutatis mutandis apply. New.

Rev.^stat., 21. The School Sites Act, being chapter 335 of the Revised

repealed. Statutes, 1927, is repealed.

Cfimmence- 22. This Act shall come into force on a day to be named

Act. by the Lieutenant-Governor by his proclamation.

145

r<i

^:11

^\i

V. ^

W
O

'-►>'0

•-I

^5-

I—'

2 ri-

1— '

■3|

(A5

o c

X oo"

O
crq

No. 146.

1928.

BILL

An Act to amend The Provincial Land Tax Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Provincial Land Tax Act, short title.
1928.

2. — (1) The subclause i in clause b of section 1 of T^e^^g^ |*\*^'
Provincial Land Tax Act is amended by adding at the end ^i- ^.'subci. i,

. •' ° . amended.

thereof the words nor such improvements or equipment as
lumber camps, tote roads, telephone lines, hoists, logging
railways, dams or booms that may be used only temporarily "Land."
in connection with logging or lumbering operations conducted
under such license, lease or agreement."

(2) The amendment made by subsection 1 shall have Amendment
effect as from the 5th day of April, 1927.

3. Subsection 3 of section 4 of The Provincial Land Tax^^^Q^^^^-

subs. 3,
repealed.

Act is repealed and the following substituted therefor:

(3) There shall be payable in respect of all land the Amount
owner of which is liable to taxation under this Act,
a tax of not less than $2 on each parcel or lot, or
where a parcel or lot has been divided or subdivided,
on each separate portion into which such land has
been divided or subdivided, and where such land has
not been divided or subdivided and the total area
thereof exceeds one hundred acres, the tax thereon
shall not be less than $2 on each one hundred acres
nor less than two cents an acre on any or all acreage
in excess of one hundred acres.

4. Section 6 of The Provincial Land Tax Act is repealed ^®3^|^e*_-

and the following substituted therefor:

repealed.

6. — (1) Every owner of land in respect of which taxes are Return
payable under this Act shall, on or before the 1st ^ °^'^®''-

146

day of September preceding the year in which the
value of lands for assessment purposes is to be
fixed under this Act, transmit to the collector a
statement in the prescribed form setting out the
land of which he is owner, the number of acres
included therein, and the value thereof, including
the value of any improvements, buildings, clearing,
fencing, works and structures of every kind.

statement
of owner
hereafter
acquiring
land.

(2) Every person who after the passing of this Act
becomes the patentee or grantee from the Crown
of land in respect of which taxes are payable under
this Act, and every person other than such patentee
or grantee from the Crown to whom after the passing
of this Act any such land is assigned, transferred or
conveyed shall, on or before the 1st day of September
following the date on which he so becomes the
owner, transmit to the collector the statement provid-
ed for in subsection 1 of this section.

statement
by present
owners not
assessed.

(3) Every person who being the owner of land in respect
of which taxes are payable under this Act has not
transmitted heretofore the statement provided for in
subsection 1 of section 6 shall transmit the same to
the collector on or before the 1st day of September,
1928.

Forms.

(4) Printed forms of return shall be supplied by the
collector upon request of the owner.

statement as
to change in
ownership.

(5) Where any person assessed as an owner of land under
this Act assigns, transfers or otherwise conveys his
interest in such land he shall give notice to the
collector of such assignment, transfer or conveyance
and the name and post office address of the person
to whom the same was made, and in default such
owner may be held liable for all taxes then payable
or thereafter imposed in respect of such land until
such notice is given.

f'% 8*^10' ^' Section 10 of The Provincial Land Tax Act is repealed
repealed. ^^d the following substituted therefor:

Notice

of taxation.

10. — (1) The collector on or before the 15th day of
September in each year shall by registered post
notify every owner of land to whom this Act applies,
of the value of the land or interest therein upon
which such owner is to be taxed and the total amount
payable by such owner.

146

(2) Every owner desiring to make complaint as to his ^g°^P'^gi^g^g^_
assessment shall, within thirty days after the datei^ent.

of registration of the notice provided for in subsection
1, transmit to the collector a notice of complaint in
the prescribed' form.

(3) Notwithstanding the delivery or transmission of any J/'errore"'^
notice provided for in this section the collector at

any time before the date for the hearing of the
complaint has been fixed may correct any errors in
any. assessment and alter the register accordingly,
and he shall do so upon notice being given to him
of any errors and upon so correcting or altering any
assessment he shall deliver or transmit to the person
assessed an amended notice.

6. Section 11 of The Provincial Land Tax Act is repealed ^^g^- |tat-
and the following substituted therefor: repealed.

11,

Where complaints are transmitted to the collectcy ^g°*j.fjfg°Jf
within the time hereinbefore limited, the collector °onipiaiits.
shall at least fifteen days before the date for the
hearing of the complaint notify each person who
has made a complaint of the time and place at which-
the judge of the county or district court shall sit
for the tax division for the purpose of hearing com-
plaints with regard to the value of the land in
respect of which the owner is taxable.

7. The Provincial Land Tax Act is amended by adding c. so, ^"
thereto the following sections: amended.

11a. — (1) The judge shall attend at the time and place Hearing,
arranged by the collector for the hearing of such
complaints, and, if no complaints are received
within the time hereinbefore limited therefor, the
sittings may be cancelled.

(2) The assessment as determined by the judge shall bCof^lcfg^on.
final and binding and shall not be open to question
or dispute in any action or proceeding or otherwise,
and shall be deemed to be the assessable value of
the land for the purpose of this Act for the year for
which the assessment is made and for each year
thereafter until the following triennial assessment
comes into effect.

116. — (1) Where statements are required to be filed when

under the provisions of subsection 2 or subsection 3 to be made,
of section 6, assessments may be made at any time.

146

Triennial
assessment.

(2) Subject to the provisions of subsection 1 assessments
under this Act shall be made triennially and the
triennial periods of assessment shall commence in
the year 1928.

Rev. Stat., 8. Section 12 of The Provincial Land Tax Act is amended
amended.' by adding at the end thereof the words "except that the
judge, in the absence of the consent of the collector or his
asTo*com^ agent, shall hear such complaints only as are included in the
heard by° ^^ ^^^^ of assessments provided by the collector as required by
judge. section 13 of this Act."

Rev. Stat.,
c. 30, ss. 13,
14 and 15
repealed.

Attendance
of collector
at hearing of
complaints.

9. Sections 13, 14 and 15 of l^he Provincial Land Tax Act
are repealed and the following substituted therefor:

13. The collector or his agent shall attend at ^ery
sittings of the judge and shall have with him at the
sittings a list of assessments as to which notices of
appeal have been given as above provided, contain-
ing the names of the owners of land liable to assess-
njent and taxation in the tax division for which the
sittings are held, and he shall correct, alter and
amend the roll in accordance with the directions of
the judge.

When tax to
be payable
for each
year.

14. The taxes imposed by this Act shall be due and
payable on or before the 1st day of February in the
year following that in which the value of the land
for assessment purposes is fixed and shall be the
taxes for and in respect of the calendar year in which
they are payable and for each year thereafter until
the rText triennial assessment takes effect and shall
be apportionable accordingly.

Penalty for
default in
payment.

15. Where default is made in the payment of any tax
under this Act, a penalty of five per centum shall be
added and any taxes not pa'd before the 1st day of
March in the year for which the same are payable
shall, in addition to said penalty, bear interest at
the rate of ten per centum per annum from said 1st
day of March until paid.

Rev. Stat.,
0. 30,
amended.

10. The Provincial Land Tax Act is amended by adding
thereto the following section:

Notices, —
how to be
given.

23.

Any notice or other written communication required
by or given under the provisions of this Act may be
given by registering and mailing the same in the
post office, postpaid, to the collector or to the last
known address of the owner of the land, as the case

146

may be, and the notice or other written communica-
tion shall be deemed to have been received when it
was so mailed.

11. This Act shall come into force on the day upon which ment"of"'^ "

it receives the Royal Assent.

Act.

146

fli

•I

■-i

5'
It

•"

Cjo

t\j

■>*

fi.

;x,

<:%

Pi-

0^5

8
0^

ft-

o
p
3

3
CL

o
<
5'

'•'

No. 147.

1928

BILL

An Act to amend The Hospitals and Charitable
Institutions Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Hospitals and Charitable ^i^oTt title.
Institutions Act, 1928.

2, — (1) Section 1 of The Hospitals and Charitable 7«5/ij!M- ^^v ^t^at^,
tions Act is amended by striking out the clauses lettered a and cis. a.V,

, . 1 1 • • 1 r 1 r 11 • repealed.

e therem and substitutmg theretor the iollowmg:

(a) For every public hospital a per diem rate of sixty
cents, the total amount of such grant to be based
upon the number of days actual treatment and stay
of each patient admitted to or being within such
hospital during the fiscal year next preceding the
year for which such-' aid is given.

(e) For every home for incurables a per diem rate of
sixty cents, the total amount of such grant to be
based upon the number of days actual treatment
and stay of each patient admitted to or being within
such home during the fiscal year next preceding the
year for which such aid is given.

(2) The said section 1 is further amended by adding thereto ^^a^g^g^V

the following subsection: amended.

(2) The provisions of subsection 1 shall be subject to the
provisions hereinafter contained and to any orders-
in-council, regulations or directions made or given
under such provisions.

3. Subsection 2 of section 5, subsection 1 of section 21 and Rey 'Stat.,

c 359 8 5

section 22 of The Hospitals and Charitable Institutions Act Ruhs. 2 -.'s. 21,
are amended by striking out the figures "$1.50" and inserting amended!
in lieu thereof the figures "$1.75."

147

Commence-
ment of
Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent and shall have effect as from the
1st day of April, 1928.

147

jf 'I

^ 'T3

3" n.

:z;

o cr
0) v;

o
r
o

Pi.

=r
o

(->■
3-

0^3

-H 3 D3

P r-r

D. o

P P

£3

re fti

^ H
o' ^

3 O
— ^ C

o
8 o.

■^ 3

.- ■ i

No. 148.

1928.

BILL

The Statute Law Amendment Act, 1928.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. — (I) Subsection 7 of section 3 of The Corporations ra.r Rev. stat.,

c ^9 s o

Act is amended by striking out all the words in the first nine subs. ?',
lines and inserting in lieu thereof the following:

"In addition to the tax imposed by subsection 6, everv ^ax on raii-

. . ., ' way mileage.

company ownmg, operatmg or usmg a railway
which, either by itself or in conjunction with any
other railway leased by it or with which it is amal-
gamated or together with which it forms one system,
exceeds one hundred and fifty miles in length from
terminus to terminus, shall pay a tax of $25 per
mile for one track, and where the line consists of
two or more tracks of $20 per mile for each addi-
tional track owned, operated or used by the company."

(2) Subsection 11 of the said section 3 is repealed and thcRev. stat.,

following substituted therefor: siibs.'ii?'

repealed.

(11) Every company owning, operating or using aTaxonteie-
telephone line or part thereof in Ontario for gain
and having a paid-up capital of $100,000 or over
shall pay a tax of one-quarter of one per centum ••

upon the paid-up capital thereof.

(3) The amendments made by subsections 1 and 2 shall
have effect as from the 31st day of December, 1927.

2. Section 12 of The Tile Drainage Act is repealed and the ^e^. stat..
following substituted therefor: repealed.

12. The amount loaned to any one person shall not Limit of loan
exceed $2,000 nor seventy-five per centum of the
total cost of the work.

148

Rev. Stat.,
c. 68, B. 20,
amended.

3. Section 20 of The Agricultural Development Act is
amended by adding at the end thereof the following words:
"or may be applied in redemption of debentures issued by
the Board."

Rev. Stat.,
c. 88, 8. 85,
amended.

4. Section 85 of The Judicature Act is amended by inserting
at the commencement thereof the words "unless otherwise
directed by the Lieutenant-Governor in Council."

Rev. Stat.,
c. 91,B. 13,
BUbS. 1,

axne&ded.

6. Subsection 1 of section 13 of The County Courts Act is
amended by adding thereto the following clause:

{aa) Cochrane, on the second Tuesday of June and the
fourth Tuesday of November.

Rev. Stat.,
c. 100,
amended.

6. The Dower Act is amended by adding thereto the
following section :

Bar of dower
on sale in
bankruptcy.

15a. Where the owner of land has become bankrupt and
it is sought to sell such lands in order to wind up
his estate, and the wife of such owner will not
release her dower, the trustee or assignee in bank-
ruptcy may apply to a judge of the Supreme Court
or to a judge of the county or district court of the
county or district in which the lands are situate,
for an order enabling him to convey the land free
from the dower of such wife and the order may be
made subject to the like conditions and upon the
like proceedings as are provided for in section 13.

T. — (1) Item number 6 under the heading of "Criers" in
c. 126. _ '\ schedule "A" to The Administration oj Justice Expenses Act
amended. ' is repealed and the following substituted therefor:

Crier's J«e.

6. Attending high court division, general sessions,
county court, and county or district court
judge's criminal court, per diem $2.00.

Rev Stat., (2) The form of account for constables' fees in schedule

Sched.' "B." "B" to the said Act is amended by striking out the line

amended. .^^^^^^ per diem $2.00."

o!'T92^8!'44 ®- Section 44 of The Law Society Act is amended by insert-
amended, ing after the word "by-law" in the first line the words "affect-
. ^ ing the admission of students at law, or the call or admission
of barristers or solicitors."

a 2^1^ s!' 25, 0. Section 25 of The Land Surveyors' Act is repealed and

repealed. ^^^ following substituted therefor:

148

25. Except as hereinafter provided no person shall be ^^."1;^*^,^"^^*^°"
admitted to practice as a surveyor until he

(a) has attained the age of twenty-one years;

(b) has passed the examination mentioned in

section 24;

subjects: practical astronomy, laying out of
curves, theory and practice of levelling,
descriptions by metes and bounds, use and
adjustment of surveying and levelling instru-
ments. The Surveys Act, The Mining Act,
The Registry Act, The Land Titles Act and
The Municipal Act (in so far as the last
three mentioned Acts relate to roads, surveys
and plans), rules of evidence and drawing of
affidavits, taking of field notes and preparing
plans, town-planning, geology and mineralogy,
7'he Ditches and Watercourses Act and The ;■.

Municipal Drainage Act;

(d) has served regularly and faithfully for three
successive years, except as hereinafter pro-
vided, under an instrument in writing duly
executed before two witnesses, as an appren-
tice to a surveyor duly admitted and prac-
tising as such, and has received from such
surveyor a certificate of his having so served
during that period, or proves to the satisfac-
tion of the Board that he has so served.

10. Subsection 1 of section 17 of The Loan and Trust Cor- Rev. stat..
porations Act is amended by striking out the figures "17" insubf.^i^ ^^'
the fourth line and inserting in lieu thereof the figures "ig/' amended.

11. Section 18 of The Railway and Municipal Board Act is Rev. stat.,
repealed and the following substituted therefor: repealed.

18. The chairman and the other members of the Board ^^^^^^'^Ij^g^'^i
and the secretary shall be paid such salaries as seci-etat-y.
shall from time to time be fixed by the Lieutenant-
Governor in Council.

12. Section 46 of The Telephone Act is repealed and the ^227^8* 4b
following substituted therefor: repealed.

46. The initiating municipality, or where commissioners Prescribing
have been elected, such commissioners may prescribe connection.

the terms on which a person not being a subscriber

148

tii;!

ill

may procure his premises to be connected with the
system, and the rate at which he may receive
telephone service, and any such rate which has
heretofore or may hereafter be approved by the
Board may be collected in the same manner and
with the like remedies as a rate due and unpaid
by the subscriber.

13. The Wolf Bonnty Act is amended by adding thereto

Rev. Stat.,

C. .S20. 1 r 11 •

amended. the loUowmg section :

Taking
Affidavits.

12. Any person authorized to give a certificate under
the provisions of this Act may take any afifidavit
required to be taken by any applicant for the
purpose of obtaining such a certificate.

1927, c. 100,
amended.

14. The Village of Bayfield Act, 1927, is amended by
adding thereto the following section:

Election of

police

trustees.

8. The judge of the county court of the county of Huron
on the application of any two resident owners of
land in the police village may appoint a time for
holding and a fit and proper person as returning
officer to hold a new election in the police village
rendered necessary by the disclaimer of office by
all three persons elected at the first election on a
motion being made to unseat them.

1927. c. 102, 15. Section 2 of The Municipality of Chapleau Boundaries

amended. ^ y^.,« . , i i -i • i i n in

Act, 192/ , IS amended by strikmg out the word westerly

in the twenty-third line and inserting in lieu thereof the

word "easterly."

Qore Bay

community

hall.

Rev. Stat.,
c. 247.

16. The community hall heretofore erected by the council
of the town of Gore Bay is declared to have been erected in
pursuance of The Community Halls Act and the said council
is declared to have and to have had the same power as a
village under the said Act.

By-law of
village of
Hastings.

17. The municipal council of the village of Hastings may
pass a by-law, without obtaining the assent of the electors
qualified to vote on money by-laws, to authorize the issue of
debentures to the amount of $32,500, maturing within twenty
years from their date of issue and payable in any manner
authorized by The Municipal Act, to pay the cost of paving
and improving certain streets in the village of Hastings
forming connecting links in the county highway system and
mentioned in the agreement entered into between the corpor-
ation of the said village and the corporation of the united

148

counties of Northumberland and Durham, dated the 17th of
June, 1927, and the cost of paving and improving Bridge
Street northerly from Front Street to Albert Street in the said
village. A by-law passed pursuant to the provisions of this
subsection authorizing the issue of debentures to an aggregate
principal amount of $32,500 and the debentures issued or to
be issued under said by-law shall be valid and binding on the
corporation of the village of Hastings and the validity of the
said by-law and the said debentures shall not be open to
question in any court on any ground whatsoever.

18. This Act shall come into force on the day upon which Commence-
.■,,_.,. J r merit of

It receives the Roval Assent. Act.

148

3-
n

^.^

0 2.

Jfl

^'=^

0 cr

rt-

••

rt>

t\J

:5i

R-

ex.

"S>.

••

c^a

■o

OXS

<Si.

■rt-

>
3

3
Cu

rt)

rt-
>

l-H

r
r

n ^ ^

No. 149.

1928.

BILL

An Act to amend The Companies Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Companies Act, 1928. Short title.

2. The clause lettered k in subsection 1 of section 23 of ^2^8^1^*23
The Companies Act is repealed, and the following substituted l^'l^^i^J^i- '^•
therefor:

{k) lend money to customers and others having dealings
with the company or with whom the company
proposes to have dealings and guarantee the per-
formance of contracts by any such person.

3. Section 28 of The Companies Act is amended by addinei^ev. stat.,
thereto the following subsection : amended. '

11 nnn Charter may
"P"" be revived.

(4) The Lieutenant-Governor in Council may

application revive any charter so forfeited, upon
compliance with such conditions and upon payment
of such fees as the Lieutenant-Governor in Council
may designate.

4. Section 30 of The Companies Act is amended by adding ^g^fg^l^ so
thereto the following subsection: amended.

(2) The letters patent may be cancelled by order of the Cancellation

T • , , ^ • r^ M T '^ ^1 ^ of charter on

Lieutenant-Governor m Council it it appears that default in
the company is in default for a period of one year fetuf n°*^
in filing the annual returns, and that notice of such
default has been sent by registered mail to each
director of record in the Department to the latest
address stated therein, and that such notice has
been inserted once in the Ontario Gazette.

5. Section 36 of The Companies Act is amended by adding ^2\g^s^ 36
thereto the following subsection: amended.

149

Not applic-
able to
insurers.

(6) This section shall not apply to insurers incorporated
under Part XVI.

c!'2l8^s^56, ®- — (1) Subsection 1 of section 56 of The Companies Act
repealed ^^ repealed, and the following substituted therefor:

Share
certificate.

(1) Every shareholder shall, without payment, be
entitled to a certificate signed by the proper officer
in accordance with the company's by-laws in that
behalf stating the number of shares held by him
and the amount paid up thereon, but, in respect of
a share or shares held jointly by several persons,
the company shall not be bound to issue more than
one certificate, and delivery of a certificate for a share
to one of several joint shareholders shall be sufficient
delivery to all.

Rev. Stat. (2) Subsectiou 4 of the said section 56 is repealed, and

C. 218,8. 56, , "^ / „ . , . , , r

subs. 4. the followmg substituted therefor :

repealed.

Fee for
certificate.

(4) Any company incorporated under the provisions of
Part XI may make a charge of twenty-five cents
for the issuance of every certificate referred to in
subsection 1.

Rev. Stat.
o. 218,
amended.

Deposit of
foreign pro-
bate, letters
of adminis-
tration, etc.,
with officer
of company.

T. The Companies Act is further amended by adding
thereto the following sections:

63a. — (1) If a transmission of shares or other securities
of a company takes place by virtue of any testa-
mentary act or instrument, or in consequence of an
intestacy, and if the probate of the will or letters of
administration or instrument under which the title,
whether beneficial or as trustee, or the administra-
tion or control of the personal estate of the deceased
is claimed to vest, purports to be granted by any
court or authority in the Dominion of Canada, or
in Great Britain, or any other of His Majesty's
dominions, or in any foreign country, the probate
of the said will or the said letters of administration
or the said document testamentary or the said
other judicial or official extract therefrom, shall,
together with a statutory declaration showing the
nature of such transmissions and signed and executed
by the person or persons claiming by virtue thereof, ,
be produced and deposited with the manager,
secretary, treasurer, or other officer named by the
directors for the purpose of receiving the same.

149

(2) Such production and deposit shall be sufficient wm

. . .- . 11- , . r- authorize

justmcation and authority to the directors for directors to

paying the amount or value of any dividend, dendslniake

coupon, bond, debenture or obligation or share, etc!^^^®'^'

or transferring, or consenting to the transfer of

any bond, debenture or obligation or share, in

pursuance of, and in conformity to such probate,

letters of administration or other such document

aforesaid.

64a. — (1) Where a compromise or arrangement iscourt^udge

proposed between a company and its shareholders ^||'^?^|®J'f

or any class of them affecting the lights of share- shareholders
,11 1 rill , to consider

holders or any class or them under the company s compromise.

letters patent or supplementary letters patent or
by-laws, a judge of the Supreme Court may on
application in a summary way of the company or
of any shareholder order a meeting of the share-
holders of the company or of any class of share-
holders, as the case may be, to be summoned in
such manner as the said judge directs.

(2) If the shareholders or class of shareholders, as the
case may be, present in person or by proxy at the
meeting, by three-fourths of the shares of each
class represented agree to the compromise or
arrangement either as proposed or as altered or
modified at such meeting, called for the purpose,
such compromise or arrangement may be sanctioned
by a judge as aforesaid, and if so sanctioned such
compromise or arrangement and any reduction or
increase of share capital and any provision for the
allotment or disposition thereof by sale or otherwise
as therein set forth, shall be confirmed by supple-
mentary letters patent, which shall be binding on
the company, and the shareholders or class of
shareholders, as the case may be.

Judge may
sanction
compromise
if approved
by three-
fourths of
shareholders.
Confirma-
tion by sup-
plementary
letters
patent.

8. Section 65 of The Companies Act is repealed and the ^e^^.^st^at^^
following substituted therefor: repealed.

65. A company, if authorized so to do by special Act, issue

the letters patent or supplementary letters patent Warrants,
and subject to the provisions thereof, may, with
respect to any share which is fully paid up, upon
the deposit of the share certificate, if any, issue
under the signature of the proper officer in accordance
with the company's by-laws in that behalf, a
warrant hereinafter called a share warrant, stating
that the bearer of the warrant is entitled to the

149

share and may provide, by coupons or otherwise,
for the payment of the future dividends on such
share.

Rev. Stat.,
0. 218, 8. 82,
amended.

Section 2 not
applicable
to certain
by-laws

9. Section 82 of The Companies Act is amended by adding
thereto the following subsection :

(3) The next preceding subsection shall not apply to
any by-law which creates or attempts to create
redeemable or convertible preference shares.

10. Sections 101, 103, 104, 105, 106, 107, 109, 110, 111,
2, 113, 114, 115, 116, 11
Companies Act are repealed.

Rev. Stat.,

amended. 112, 113, 114, 115, 116, 117, 119, 120, 138 and 140 of The

Rev. Stat., 11, Subsection 1 of section 102 of The Companies Act is
siibs. i,' 'amended by striking out all the words after "supplementary
letters patent" in the ninth line thereof.

amended.

?Ti8%^n8, 12.— (1) Subsection 1 of section 118 of The Companies Act

amended ^^ amended by striking out the word "two" in the second

line and inserting in lieu thereof the word "one."

(2) Section 118 of The Companies Act is further amended
by adding thereto the following subsection :

Penalty for
default.

(2) Upon default in complying with the requirements of
this section each director, manager, secretary or other
officers of the company shall be liable upon summary
conviction to a penalty not exceeding $50 for each
day during which such default continues.

g^^mmence- 13 ^his Act shall come into force on a day to be named
•A-ct. by the Lieutenant-Governor in his proclamation.

149

'I'fi

J i

Lu*

13*
01

►n

Crq_

tiT

* *

I— t

t\)

;i-

h- *

^-^

>
>

, o
u>
3

D-

=r
n5

o
3
•o

r
r

m
o
•-t

tsi

No. 150.

1928.

BILL

An Act respecting Information Concerning
Companies.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Companies Information ^^°^^^^^^^-
Act, 1928.

2. In this Act,—

Inter-
pretation.

(a) "Company" or "corporation" shall include any "Company."
public association, corporation, company, or other
incorporated organization, whether acting as a

trustee or not.

(b) "Syndicate" shall include any association, partner- "Syndicate."
ship, syndicate or unincorporated organization,
whether acting as a trustee or not.

Security Frauds Prevention Act, and regulations
made thereunder.

3. — (1) A prospectus containing such information as rnay ^J^^^^p^^^^^j^
from time to time be required by the Lieutenant-Governor companies
in Council, verified as the Provincial Secretary may direct, cates.
together with the fee prescribed in the order-in-council, shall
be filed with the Provincial Secretary by every company and
syndicate

(a) upon the establishment in Ontario of a head or Ontario
other office, and

{b) upon commencing any business in Ontario, or upon ^^o^j^l^g

the sale in Ontario of any of its securities, and sale of

securities.

150

New issue.

Penalty.

{d) upon the sale in Ontario, of any issue of securities
or any part thereof other than that in respect of
which a prospectus has been filed.

(2) Upon default in the filing of any such prospectus for
a period of more than ten days after it should have been
filed under subsection 1, each director and officer of the
company and each promoter of the syndicate, and any person
acting as a representative in Ontario of an extra-provincial
company or syndicate shall be liable upon summary con-
viction to a penalty of $20 for each day of such default, and
in default of payment thereof to imprisonment for a term
not exceeding three months.

Annual
return
of the Cor-
poration. ,

Contents
of return.

4. — (1) On or before the 1st day of February in each
and every year without notice or demand to that effect,
every corporation incorporated under the laws of Ontario,
and every other corporation having its head or other office or
doing business or any part thereof, in the Province of Ontario,
shall unless a corporation liable to payment of taxes under
section 3 of The Corporations Tax Act, or unless an insurer
licensed under The Insurance Act, make -out, verify and
deliver to the Provincial Secretary as hereinafter required,
a detailed return containing as of the 31st day of December
next preceding, correctly stated the following information
and particulars:

(b) The jurisdiction under the laws of which the cor-

poration was incorporated ;

whether by special Act, or by letters patent or
otherwise, and the date thereof;

{d) Whether the existence of the corporation is limited,
by statute or otherwise, and, if so, the period of
its existence yet to elapse, and whether its existence
may be lawfully extended ;

(e) Whether the corporation is a valid and subsisting
corporation ;

(/) A concise and general statement of the nature of the
business or objects of the corporation ;

(g) The names, residences and post office addresses of
the president, secretary, treasurer, director, and
manager in the corporation ;

150

;

(A) The name and post office addresses of the chief
officer or manager in this Province;

(i) The location of the head office of the corporation,
giving the street and number when possible ;

(j) The location of the principal office in Ontario where
the head office is situated outside of Ontario ;

{k) The date upon which the last annual meeting of the
corporation was held ;

(/) The amount of the bond or debenture debt of the
corporation ;

(w) A detailed statement of the real estate owned by it
situated within the Province, where situate and the
value thereof;

And in the case of a corporation having share capital, in^^^j^^|^®
addition :

(w) The amount of the capital stock of the corporation,
and the number of shares into which it is divided ;

(o) The number of shares issued and allotted and the
. amount paid thereon ;

{p) The par value and if without par value, then the
market value, or if there be no market value, the
actual value of its shares of stock;

(g) The total amount of shares issued as preference
shares ;

(f) The total amount paid on such shares;

(s) The total number and amount of share warrants
and the names, residences and post office addresses
of the persons to whom the same were issued ;

(/) The number of shares, if any, issued as consideration
for any transer of assets, goodwill, or otherwise, and
the extent to which same are paid; if none are so
issued, this fact to be stated;

(m) Such other information as may be required by
order-in-council, a copy of which order-in-council
shall be published in the Ontario GaxetU.

150

c^m"any"* If the corporation is a mining company to which Part XI
of The Companies Act is made applicable:

{v) The number of shares sold or otherw^ise disposed of
at a discount or premium;

{w) The rate at which such shares were sold or disposed of;

{x) Whether a verified copy of the by-laws, if any,
providing for the sale of shares at a discount or
otherwise was sent to the Provincial Secretary ;

{y) The date or dates upon which such by-laws, if any,
were passed and confirmed.

Posting
of annual
return.

(2) A duplicate of such return with the affidavit of verifica-
tion shall be posted up in a conspicuous position in the head
or principal office in Ontario of the corporation on or before
the 2nd day of February in each year, and may be inspected
by any shareholder or creditor of the corporation; and the
corporation shall keep the same so posted until another
return is posted up under the provisions of this Act.

Verification
thereof.

(3) The return of every corporation shall be verified by
the affidavit of any two of the directors of the corporation.

Trans-^^^ (4) The return so verified shall, on or before the 10th day

Provincial of February next after the time hereinbefore prescribed for
making the return, be transmitted to the Provincial Secretary,
together with the fee prescribed by order-in-council.

Secretary.

Penalty
of default.

(5) If a corporation makes default in complying with the
provisions of this section, every director and officer of the
corporation, and any person acting as a representative of an
extra-provincial corporation shall be liable upon summary
conviction to a penalty of $20 for each day of such default
and in default of payment thereof to imprisonment for a
term not exceeding three months.

Corporations (6) Corporations incorporated before the 1st day of July,
b'e'forrjufy** 1907, Under any Act repealed by The Ontario Companies Act,
1907 , except chapter 191 of the Revised Statutes of Ontario,
1897, and Acts consolidated therewith for which that Act
was substituted, shall make such returns under this section
as are required from corporations without share capital.

1st, 1907,
etc.

7 Edw. VII,
c. 34.

Provincial (7) The Provincial Secretary may at his discretion and for

may^eniJrge good cause enlarge the time for making and delivering any
""'^- such return.

150

(8) No registrar of deeds or land titles officer shall register Transfer
any instrument made by or in favour of, or purporting to poration in "
confer any interest in land, whether by way of caution, to^bereg^-
certificate or otherwise, upon any corporation regarding which *®''®'*-
he shall have received notice in writing from the Provincial
Secretary that such corporation is in arrears in respect to
any such return or any tax or fee payable with such return.
R.S.O. 1927, c. 218, s. 138.

5. The Provincial Secretary may at any time by notice secretk*ry'
require any company to make a return upon any subject J^f^^ns''"^''^
connected with its affairs within the time specified in the

notice, and upon default in making such return the directors
of the company and any person acting as a representative of
such company in Ontario shall be liable upon summary
conviction to a penalty of $20 for each day of such default,
and in default of payment thereof to imprisonment for a term
not exceeding three months.

6. This Act shall come into force on a day to be named by commence-
the Lieutenant-Governor in his proclamation. Act.

If}

150

m ?

0^a

tSJ

>-t

1— '

1.
0^5

(-t
to

0^5

►1

•O

■-t

t— •

<-t-

crq

•o

►-t

a>'

.(-^

No. 151.

1928.

BILL

An Act to amend The Crown Timber Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Crown Timber Act, iP<?^. short title

2. Section 3 of The Crown Timber Act is amended by ^^gg- 1'''|*' •
adding thereto the following subsection: amended.

(6) Subject to any rights which may have accrued to commence-
the Crown prior to the issue of the license, every Sf^iicense^"'^
license shall be deemed to have taken effect from
the 1st day of May of the season for which it was
granted.

3. This Act shall come into force on the day upon which Commence-

1 T^ 1 A J f jnent of

It receives the Royal Assent. Act.

151

3 2.

ITS
Pi

►n
o

CO
D

n r

o
H

rD
o

BILL

No. 152. 1928. f'

An Act respecting Embalmers and Funeral ^:' '

Directors.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Embalmers and Funeral ^^ort title.
Directors Act, 1928.

2. In this Act, — inter-

pretation.

(a) "Articled Student" shall mean a person over eighteen "Articled
years of age who has been duly registered by the
Board as a student;

(b) "Board" shall mean Board of Examiners appointed "Board."

under this Act;

ficate of qualification as an embalmer or funeral
director has been issued by the Board and to whom
a license has been granted for the current year;

(d) "Embalming" shall mean preservation of the dead "Embaim-
human body, entire or in part, by the use of chemicaP'^*^'
substances, fluids or gases, ordinarily used, prepared
or intended for such purpose, either by the outward
application of such chemical substances, fluids or
gases on the body, or by the introduction of the
same into the body by vascular or hypodermic
injection, or by direct application into the organs or
cavities ;

(e) "Funeral Director" shall mean a person qualified as'_Funerai_ ,'||j

an embalmer within the meaning of this Act who
operates for himself, or under his own or any other
•name for another person, partnership, firm or in-
corporated company, a business for the purpose of
furnishing to the public funeral supplies and services; ^^\]

152

til

"Minister.

"Regu-
lations."

Board of
Examiners.

Removal
from office.

Quorum.

Meetings.

(/) "Minister" shall mean the member of the executive
council for the time being charged with the adminis-
tration of this Act;

(g) "Regulations" shall mean regulations made under
the authority of this Act.

3. — (1) The Lieutenant-Governor in Council may appoint
a Board to be known as the "Board of Examiners" consisting
of five qualified funeral directors who shall hold office for such
term and be paid such fees or other remuneration as may be
determined by the Lieutenant-Governor in Council.

(2) A member of the Board may be removed from office at
any time for neglect of duty, incompetence or misconduct.

(3) Any three members of the Board shall constitute a
quorum.

4, — (1) The Board shall hold meetings at least three times
in every year at such time and place as may be deemed
advisable by the majority of the members and may hold
additional meetings at the call of the chairman or of any
three members.

Notice

of meetings.

(2) Notice of every meeting, whether general or special,
shall be given by the secretary in such manner that five days
shall elapse between the receipt of the notice and the holding
of the meeting.

Powers of 5. — (1) Where owing to the urgent nature of any situation

acting for requiring the consideration of the Board it is impossible to

convene a meeting, the chairman shall act as and for the

Board and shall report the circumstances of the case and the

action taken thereon at the next meeting.

Effect (2) The decision of the chairman in such circumstances

of decision "■ - .. • i r\ i n i j

of chairman, shall, subject to the provi.sions oi section lU, be nnal and
binding unless and until reversed or altered by the Board.

Regulations. (g. — (1) The Board may make regulations, —

(a) providing for the establishment of new, or the
approval of existing schools of embalmment or for
the conducting of special courses of instruction in
embalming and preparing the remains of deceased
persons for interment ;

(b) providing for the registration of students and fees
payable thereon ;

152

students;

(d) providing for the examination of candidates and the
fees payable thereon;

(e) prescribing the conditions as to notice, place of

hearing, representation of parties by counsel, manner
of taking evidence and the effect of the order to be
made on a hearing for the suspension or revocation
of any license ;

(f) for issuing certificates of qualification, licenses or

permits to embalmers, and renewals of same, and
providing for the fees payable thereon;

(g) for issuing licenses for engaging in and carrying on

business as a funeral director and renewals of same,
and providing for the fees payable thereon ;

(h) for the inspection, regulation and approval by the
local board of health of the premises, accommodation
and equipment of funeral directors;

(») prescribing the duties of the secretary or any other
employee of the Board ;

(7) specifying what shall be considered infamous or
disgraceful conduct in a professional respect on the
part of an embalmer or funeral director;

(k) providing for the engaging of and paying for any
services deemed necessary by the Board ;

(/) generally for the better carrying out of the provisions
of this Act.

(2) The regulations shall not come into force or take effect ^ppi'ovai

.,111 1 1 1 T • /^ and promul-

until they have been approved by the i.ieutenant-Governor gation.
in Council and such approval has been published in the
Ontario Gazette.

f^l

7. The Board shall provide a register which shall be kept Register.
by the secretary, and in which shall be entered the name and
address of every peison to whom and the date upon which a
certificate of qualification is granted.

8. Every person holding a certificate of qualification or who
license, in good standing, as an embalmer or undertaker on registered,
the date upon which this Act comes into effect may on or

152

before the 1st day of January, 1929, apply to the Board for a
certificate of qualification or permit as an embalmer and shall,
upon payment of the prescribed fee and upon furnishing such
evidence of fitness as the Board may require, be entitled to
receive such certificate or permit.

oflic^enses 9- The Hccnscs or permits issued under the authority of

and permits, ^j^jg ^^^ gj^^jj ^^ renewable on the 1st day of January in each
year and may be suspended or revoked by the Board on such
evidence as in the opinion of the Board warrants such sus-
pension or revocation, provided that revocation of a license
or permit can only be effected by the unanimous vote of the
Board.

Mmi^sfer!^ 10. Any person who feels himself aggrieved by the decision

of the Board may within seven days appeal therefrom to the
Minister upon giving such notice as the Minister may pre-
scribe, and the decision of the Minister shall be final.

pi'isory.^""^' H- Except as otherwise provided in this Act every person
carrying on business in Ontario as a funeral director shall have
a license as an embalmer and funeral director, and every
partnership, firm or corporation carrying on such business
shall have as managei of each establishment or branch
operated by such partnership, firm or corporation, a person
licensed as an embalmer and funeral director, and in all cases
the furnishings and equipment shall be subject to the approval
of the Board.

?/Board. ^'^- The Board shall make a report to the Minister, on or

before the 31st day of January in every year, showing,—

(a) the names of all licensed embalmers and funeral
directors in the Province of Ontario, specifying
whether "embalmer" or "funeral director," and the
name of the firm, if any, with which each is
associated ;

(6) the number of new certificates granted during the
preceding year and the persons to whom granted ;

during the preceding year, and the cause for refusing
; same ;

(d) the number of certificates revoked, cancelled or
suspended during the preceding year;

(e) the amount of fees received from candidates or

holders of certificates, licenses or permits during the
preceding year ;

152

(/) a statement setting out in detail the revenue and
expenditure of the Board during the year, indicating
the assets and liabilities at the end of the year;

(g) such other matters as may be directed by the Minister
or the Lieutenant-Governor in Council.

13. The receipts and expenditures of the Board shall be-'^"'^^*-
audited by a chartered accountant, not a member of the
Board.

14. — (1) For the purpose of serving the public in sparsely ?fj;^*^^^g
settled areas in the Province, the Board shall have dis- neighbour-

• 11- 1- hood.

cretionary power to grant a permit enablmg an applicant not
fully qualified under this Act, to receive a certificate of
qualification as an embalmer or funeral director, to prepare
to the best of his ability the remains of deceased persons for
interment.

(2) The permit provided for in subsection 1 may be renewed Jf^g^ciai
annually oi may be cancelled on any renewal date. permit.

15. Nothing in this Act contained shall be deemed to sparsely
prevent oi prohibit any person from preparing or assisting in areas.
preparing the remains of deceased persons for interment in
cases of emergency in sparsely settled rural areas where a
qualified embalmer is not available.

16. The body of every deceased person who has died in Preparation
Ontario and is destined for interment outside the Province transporta-
shall, before being removed from Ontario, be prepared p?ov?nce°
for interment in accordance with the rules and regulations
of the Department of Health and in accordance with the
provisions of this Act and the regulations made thereunder.

lY. A license, certificate or permit held by any embalmer License, etc..
or funeral director under this Act shall at all times be exposed in office. ^^
to view in the place where the business of such person is
carried on, or in the place in which he is employed, and
failure to keep such license so exposed shall be prima facie
evidence of the lack of qualification under this Act.

18. Every person, including an assistant or attendant, who Penalty,
not being the holder of a license or permit as an embalmer
issued by the Board for the current year, attempts the practice
of embalming or holds himself out as an embalmer, or uses
any sign, letters, words or abbreviations implying that he is
an embalmer shall incur a penalty not exceeding $25, but this
section shall not apply to any registered or articled student
working under the direct and personal supervision of a
licensed embalmer nor to a university.

152

Penalty. 19 Except as provided by section 15 every person,

partnership, firm or corporation carrying on business as an
embalmer or funeral director, or advertising as such, without
the license or permit specified in this Act shall incur a penalty
not exceeding $25 for each day during which such business is
so carried on.

Application
of Rev. Stat.
c. 121.

20. The penalties imposed by this Act shall be recoverable
under The Summary Convictions Act.

Application
of Rev. Stat,
c. 120.

21. The Public Authorities Protection Act shall apply to
the oflficials of the Board.

Notice of
action for
negligence.

Limitation.

22. No duly registered or licensed embalmer or funeral
director shall be liable to any action for negligence or mal-
practice in respect of professional services requested or
rendered, unless such action is commenced within three months
from the date when, in the matter complained of, such pro-
fessional services terminated.

Rev. Stat,
c. 211,
repealed.

Commence-
nnent of
Act.

23. The Embalmers and Undertakers Act, being chapter 211
of the Revised Statutes of Ontario, 1927, is repealed.

24. This Act shall come into force on the day upon which
it receives the Royal Assent.

152

I't

crq

c«- S O

en ^< T

l-H

1-^
0

§.

1— ^

?5.

<s>.

<^.

Ok,

°?

rt-

:?^

C cfl

3 X3

rt) ro

-n 0

£L C".

!II 3"

1— H

OOfQ

S'w

^ §.

0 cr

-t p

cc >—

• 3

•-t

o <

-1 3
eg ^

> a

No. 153. 1928.

BILL

An Act to amend The Public Health Act.

HIS MAJESTY, by and with the advice and consent of }| '

the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Public Health Act, 1928. short titi

2. Section 55 of The Public Health Act is amended by Rev stat.

1 ,• 1 1 r 11 • 1 • c. 262, s. 55,

adding thereto the loUowing subsection : amended.

(3) The provisions of subsection 1 shall apply to any Reporting
person registered and practising as a drugless ^^^'^"gg^'g'e
practitioner under the authority of The Drugless
Practitioners Act.

3. Section 95 of The Public Health Act is amended byRev. stat.,
adding thereto the following subsections : amended^^'

(17) Where the corporations of the urban municipality sewage ||

and the township do not agree, as provided in sub- pilnt^^

section 16, as to the right of the township and the^unic^f '^

inhabitants to make use of such sewage disposal parity-
plant or as to the terms of such user, the Ontario
Railway and Municipal Board upon the application
of the corporation of the township may make an
order conferring the right to make use of such

sewage disposal system upon the township and upon Ijl

the inhabitants thereof whose properties are adjacent
thereto, and the terms and conditions as to such
usage.

153

(a) The corporation of the township may assess 1^

and collect as taxes whatever amount may be }['

agreed upon with the urban municipality for <i

every sewer connection to the sewage disposal I

plant or any connection therewith under this '

subsection in the same manner and to the , |

same extent as if the same constituted a public ,A

utility owned by the township. !,J!

I '

Right

to connect

with plant.

(18) Where the township does not apply to the Board as
provided in subsection 17, the owner of any residence
or dwelling in the township in proximity to the
sewage disposal plant or to any connection therewith,
may apply to the Ontario Railway and Municipal
Board for an order declaring that such owner shall
have the right to connect his property with such
sewage disposal plant or any connection therewith.

Rev. Stat.,
c. 262,
Sched. "B,'
par. 33,
repealed.

4. The paragraph numbered 33 in the by-law in schedule
"B" to The Public Health Act is repealed and the following
substituted therefor:

Placard-
ing com-
municable
disease and
contacts.

33. The medical officer of health within six hours after
he has received notice of the existence in any house
of any communicable disease or the presence of any
communicable disease contacts in respect of which it
is his duty to do so, shall affix or cause to be affixed
near the entrance of such house, in plain view of the
public, a card at least twelve inches wide and nine
inches long, stating that such premises are under
quarantine on account of such disease and the
penalty for removal of such card without the per-
mission of the medical officer of health, and no
person shall remove such card without his per-
mission .

Sentfcff'^*'^' S- This Act shall come into force on the day upon which
•^°*- it receives the Royal Assent.

153

i
*■

5"'!

'fl

-e--

'-0

l-l_

5«

(W^

Ui"

O
w

PS.
0^5

i-t-

ct-

t\>

ft>

ft)

■n

>««

?5,

o
3-

3
p-

tyq

b— > >

3-
>

No. 154. 1928.

BILL

^ I

An Act to amend The Local Improvement Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario, ^

enacts as follows: — ^

1. The Local Improvement Act is amended by msertmg the Rev. stat., ,\

following section : amended. 1

30a. When the work is the construction of a sewer which

is an outlet for the sewage from lands not abutting |j

directly upon the work, the council may, in the '^j^

by-law for undertaking the work passed by a vote 'I

of three-fourths of all the members, provide for the I,?

payment by the corporation of such part of the cost I

of the work as to the council may seem just, and f

that the residue thereof shall be specially assessed on |

the lands not abutting on the work but immediately
benefitted thereby in the manner provided by
sections 32 and 33.

154

S 13

>-t

!M^

f-t-

><:

Pi-

0^5

>
o

H
ft)

o
n

■^

(T>

---<

^ '

„^

No. 155.

1928.

BILL

An Act for Raising Money on the Credit of the
Consolidated Revenue Fund.

HIS MAJESTY, by and with the advice and consent of
the Leg^islative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Ontario Loan Act, 1928. short title.

2. The Lieutenant-Governor in Council is hereby authorized $50,000,000
to raise by way of loan a sum of money not exceeding fifty authorized.
million dollars ($50,000,000) for all or any of the purposes
following, that is to say: For the public service, for works
carried on by commissioners on behalf of Ontario, for the
covering of any debt of Ontario on open account, for paying

any floating indebtedness of Ontario, for the carrying on of
the public works authorized by the Legislature and for
redeeming in whole or in part the outstanding debentures of
the Province of Ontario that have been issued free of suc-
cession duty.

3. The aforesaid sum of money may be borrowed for any Terms to be
term or terms not exceeding forty years, at such rate as may Lflute^n^nt-
be fixed by the Lieutenant-Governor in Council and shall be ^^^^''^or.
raised upon the credit of the Consolidated Revenue Fund of
Ontario, and shall be chargeable thereupon.

4. The Lieutenant-Governor in Council may provide for a sinking
special sinking fund with respect to the issue herein authorized,

and such sinking fund may be at a greater rate than the one-
half of one per centum per annum specified in subsection 2 of j^g^ ^^^^
section 4 of The Provincial Loans Act. «• 21.

5. This Act shall come into force on the day upon which SentTf"°®"
it receives the Royal Assent. -^c*-

155

H
5*

3*
re

2? 'V

3 2.

go.

o cr

0^5

13-

>
>

P crq
O

s §

l—H

OfC!
CD

No. 156. 1928.

BILL

An Act to amend The Liquor Control Act (Ontario.)

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Liquor Control Amendment short title
Act, 1928.

2. The clause lettered a in section 10 of The Liquor ControlRev. stat.,
Act is amended by adding thereto the words "and regulations." ci. a, '^' '

amended.

3. The clause lettered b in section 10 of The Liquor Control'^^^- stat.,

c 2SY s 10

Act is amended by adding thereto the words "and regulations." ci. b, ' '

amended.

4. The clause lettered a in section 14 of The Liquor Control nev. stat.,
Act is amended by striking out the words "each vendor" °i ^^^' ^- •^^'
appearing in the second line thereof, and substituting the^'"®"^®^-
words "the vendors."

5. Section 18 of The Liquor Control Act is amended by Rev. stat.,
striking out the word "Controller" appearing in the fourth amended^^'
line thereof, and substituting therefor the word "Commis-
sioner."

6. Subsection 2 of section 42 of The Liquor Control Act is Rev. stat.,
amended by adding after the word "thereof" in the first line, subs. 2^" '
the words "or any member of the family of the occupant." amended.

7. Section 62 of The Liquor Control Act is repealed, and ^^57^ s^*62
the following substituted therefor: repealed".

62. Except as otherwise provided by this Act, or by the Patent or

T-» 1 • 1 • r r proprietary

Regulations, a druggist or manufacturer of patent or medicines.
proprietary medicines may sell such medicine in the
original and unbroken package — if such medicine
contains sufficient medication to prevent its use as
an alcoholic beverage.

8. Subsection 1 of section 63 of The Liquor Control Act is ^^g^-^^g^ 63 'U
amended by adding after the word "provided" in the firstsubs. 1,

"^ amended.

156

11!:

line thereof the words "in this Act or as provided by regu-
lation."

c. 257, 8. 63, 9. Subsection 2 of section 63 of The Liquor Control Act is
amended. amended by striking out the words "this section" appealing
in the second line thereof, and substituting the words "Sec-
tions 62, 63 or 64."

Rev. Stat..
c. 257, s. 64,
amended.

10. Section 64 of The Liquor Control Act is amended by
adding theieto the following subsection:

Penalty
for certain
beverages.

(7) Any person who obtains or consumes for beverage
purposes any of the products mentioned in sections
62 or 63, or who obtains or consumes for such
purposes any of the products mentioned in section
64 shall be guilty of an offence, and liable to the
penalties prescribed by subsection 3 of section 103 of
this Act.

Rev. Stat.,
c. 257, s. 80,
subs. 1,
amended.

11. Subsection 1 of section 80 of The Liquor Control Act is
amended by striking out the word "has" in the twelfth line
and substituting the word "is," and striking out the word
"been" in the thirteenth line, so that the last six lines will
now read as follows:

"No liquor shall be had or kept by any person within the
Province unless the package, not including a decanter
or other receptacle containing the liquor for
immediate consumption, in which liquor is contained
is, while containing that liquor, sealed with the
official seal prescribed under this Act."

ment"cff'^°^ 12. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

156

If i

•-1

tfi

•*

0^5

tNJ

i-t

>— I

?i-

r-h

Pi.

<s>.

;:$

o^a

r-i- nr

oT.

c
o

o
3

td
r

No. 157.

1928.

BILL

The Municipal Amendment Act, 1928.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Municipal Amendment ^^Qj-nm^
Act, 1928.

2. Section 51 of The Municipal Act is amended by adding Rev. stat.,
thereto the following subsections: amended. '

(3) It shall be the duty of the clerk of any such niuni- ^j.®^**^^^*®
cipality having less than 10,000 municipal electors
according to the last revised voters' list at least six

days before the day fixed for holding the meeting
for the nomination of candidates for membership in
the council to send by registered letter post to the
clerk of the county, a certificate under his hand and
the seal of the corporation, stating the total number
of municipal electors according to the last revised
voters' list who are to be counted under the pro-
visions of subsection 2, and to post up in his office a
duplicate of such certificate.

(4) If the clerk fails to send such certificate within the Penalty

M 1 • 1 1 11 • 1 J. for failure.

3. Subsection 1 of section 53 of The Municipal Act
amended by adding thereto the following clause:

is Rev. Stat.,
c. 233, 8. 53,
subs. 1,
amended.

(/) A person who is an undischarged bankrupt or in-
solvent within the meaning of any Bankruptcy or
Insolvency Act in force in Ontario.

4. Section 65 of The Municipal Act is amended by abiding Re^^^stat^^
thereto the following subsection : amended.

157

election by ^^* ^^ere the election of aldermen in cities and coun-

generai vote cillors in towns is by general vote the council may by

by-law provide that the meeting for the nomination
of candidates for aldermen or councillors shall be
held at the same time and place as the nomination
for mayor. '

J!2^'3^S252. S- Section 252 of The Municipal Act is repealed and the
repealed. following substituted therefor:

Declaration . . , , , ,

of office. 252. — (1) Every qualified person elected to any muni-

cipal office shall take the declaration of office, where
he is elected to fill a vacancy, within ten days after
his election, and in other cases on or before the day
fixed for holding the first meeting of the body tO:
which he was elected, and in default he shall be
deemed to have resigned.

(2) All persons elected at the annual elections for 1928,
who failed to take the declaration of office within
twenty days after their election but who did take
it on or before the day fixed for holding the first
meeting of the body to which they were elected,
shall be deemed to have taken such declaration
within the prescribed time.

(a) This subsection shall not apply when a new
election has been held in consequence of such
failure or in consequence of any such person
having resigned.

?®233^l^297 ®- Clause j of subsection 1 of section 297 of The Municipal
suhs.'i, ci.j.' jict is amended by striking out the figures "54 or 55" in the

amended. , , • . i r T r no ca "

second hne and substitutmg theretor the figures 56 or 54.
Rev. Stat.. .^ j.^^ Municipal Act is amended by adding thereto the

amended. following SCCtion :

oncompen- 345a. The arbitrator may allow interest on the com-

^^*^°"' pensation at the rate of five per centum per annum

from a day fixed by him.

J23'3^?399, 8. Paragraph 43 of section 399 of The Municipal Act is.
amend^ed amended by inserting after the word "house" in the third
line thereof the words "or lodging house."

Rev. Stat., ■ ■ , a < i i i •

c. 233, s. 400, 9. Section 400 of The Municipal Act is amended by insert-
amended, ing the words "a description and grade of the coal or coke"
after the word "written" in the twelfth line of paragraph 11
of said section. '

157

10. Section 400 of Th& Municipal Act is amended by adding ^^g^g^^g^^^^^
thereto the following paragraph : amended.

14. For requiring retail vendors of coke selling by weight storage
, to store their stock of coke so that it will not be°^°°*^^

exposed to rain, snow or water, and for prohibiting
the sale of coke which is not so stored.

11. Section 410 of The Municipal Act is amended by strik- Rev. stat.,
ing out of the heading the words "and of townships in un- amended. ',
organized territory," and by inserting after the word "thereof"

in the fifth line of paragraph 1 the words "measuring from
centre to centre."

12. The Municipal Act is amended by adding the following
section:

410a. By-laws may be passed by the councils of townships
in unorganized territory;

Width of Sleigh-runners.

1. For providing that no sleigh or other vehicle upon ^'^i^h-
f \ r runners,

runners for the conveyance of articles of burden,

goods, wares or merchandise, shall be used by any
person, on any of the highways within the muni-
cipality unless the runners thereof measuring from
centre to centre are apart at the bottom at least
four feet.

13. Section 411 of 'The ATunicipal Act is an:ended by add- c 233,8. 411,
ing thereto the following paragraph ; omen .

8a. Paragraph 2 of this section shall also apply to build- ^°f,^*>g''g^Jj.
ings and premises where coal, coke or other fuel isstorageof

° , r coal, etc.

kept or stored for sale.

(a) This paragraph shall. not apply to a building
or premises which was on the 1st day of April,
1928, erected or used for any of such purposes,
so long as it is used as it was used on that day.

14. Paragraph 9 of section 411 of The Municipal Act is^Yss^SVn.
amended by inserting at the end thereof the following: amen^de*?'

"(a) The by-law may apply to any one or more classes
or kinds of wheeled vehicles."

15. Section 415 of The Municipal Act is amended by add- c. 233, s. 415,
ing thereto the .following paragraph: amen e .

157

Contract-
ing with
adjoining
municipality
for fire
protection.

v3a. For entering into a contract with the corporation of
an adjoining municipality for the use, service and
assistance of the fire brigade and the fire apparatus
and equipment of such corporation in the event of
fire in any defined area of the township and for
levying a special annual rate on all the rateable
property in such area to defray the expenses incurred
under and incidental to such contract.

c!'^23^*** ■ 16. The Municipal Act is amended by adding the following

amended. ^^ section 431a:

431a. By-laws may be passed by Boards of Commissioners
of Police of cities having a population of not less than
100,000

1. For licensing, regulating and governing dealers in coal or
coke and for revoking and cancelling or suspending
the license of any such dealer who has been convicted
of an offence against any provision of such by-law
or of any by-law passed under paragraph 1 1 of
section 400.

(a) The fee for such license shall not exceed $5
per year.

Rev. Stat.,
c. 233, s. 437,
amended.

IT. Section 437 of The Municipal Act is amended by add-
ing thereto the following clause:

{aa) A city having a population of not less than 50,000,
s$10,000.

Rev, Stat..
o. 233, s. 490,
amended.

18. Section 490 of The Municipal Act is amended by add-
ing thereto the following subsection :

Exception
as to lane.

(5) It is hereby declared that subsection 2 does not apply,
and has never applied to any lane laid out in the
rear of lands abutting on another highway or to any
outlet connecting such a lane with a highway.

Commence-
ment of
Act.

19. This Act shall come into force on the day upon which
it receives the Roval Assent.

157

S
p

Pi-

fa-

0«1

•6*

I— I

r
r

o O-

ft) ja •

<5-!

No. 158. 1928.

BILL

An Act to make further provision for the University
of Western Ontario.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The University of I^es^erw short title.
Ontario Act, 1928.

2. — (1) The Board of Governors of the University of university
Western Ontario in the name of the corporation of the to borrow
University of Western Ontario may from time to time borrow ^"^^O-ooo-
such sums, not exceeding $440,000, as may be necessary for
the purpose of consolidating the indebtedness of the corpora-
tion and for such other purposes ^.s the Board of Governors
may deem necessary and expedient, and may make and execute
such instruments as may be deemed requisite for securing
payment of the sums so borrowed, and the interest thereon.

(2) The sums so borrowed and the interest thereon shall securities

TOr l03,Il

stand and be charged upon all the property vested in, and the charged on
revenues and income of the corporation, and it shall not be
necessary that any formal instrument declaring such charge
shall be executed or registered.

(3) The power of borrowing hereby conferred shall not be How
exercised unless with the approval of the Lieutenant-Governor power7o be
in Council who may prescribe the terms and conditions on ®^®'"^'^®'^'
which from time to time the power shall be exercised and the

money borrowed, and the nature of the securities to be given
for the repayment of the money borrowed and of the interest
thereon, which may be bonds, debentures, terminable
annuities or such other form of security as the Lieutenant-
Governor in Council may direct or authorize.

(4) The Lieutenant-Governor in Council for and in the Guaranty

fiT-»' e r^ • •• of Province.

name of the Provmce of Ontario may guarantee the securities
for all sums borrowed by the corporation under the authority

158

Form of

guaranty.

Effect of
guaranty.

of this section, and the performance of the stipulations on its
part contained in such securities.

(5) The form and manner of the guaranty shall be deter-
mined by the Lieutenant-Governor in Council and the
guaranty shall be signed by the Treasurer of Ontario or by
such officer or person as shall be designated for that purpose
by the Lieutenant-Governor in Council.

(6) Every guaranty so signed shall be binding on the
Province and the purchaser of any security so guaranteed
shall not be bound to inquire into the authority of the officer
or person signing the guaranty.

Sie^t"Jff"*^^' 3. This Act shall come into force on the day upon which
^^^- it receives the Royal Assent.

158

< o

ft) ^

5 2. ?3

„ J- O

g a iz;

en v; "^

w ^

W
O

Pi.

w ft>

O CO

p 2

•-I 3

• o

■-1 3

-"^ o

No. 159. 1928.

BILL

The School Law Amendment Act, 1928.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Subsection 4 of section 41 of The Public Schools Act is ^3^23^3^ 4^
repealed. suias 4 '

^ repealed.

2. The clause lettered / in subsection 2 of section 7 of The c 325, s. 7,'
Continuation Schools Act is repealed. repeafe'cL '^'

3. — (1) Subsection 4 of section 6 of The High Schools Act^^^^e^^^'
is repealed and the following substituted therefor: ?"^^i^d

(4) The board of trustees shall be composed of six mem- Trustees of
bers who shall be appointed by the council of the district. °°^
county.

(4a) Two of the trustees so appointed shall be
appointed in the first instance for three years,
two for two years, and two for one year, and
thereafter two trustees shall be appointed in
each year to hold office for three years in
place of those whose term has expired.

4. The High Schools Act is amended by adding thereto the Rev. stat.,

following section: amended.

39a.— (1) The council of any county in which the by-law foSuee."^^
mentioned in subsection 1 of section 34 is in force
may establish a consultative committee which shall
consist of the public school inspector or inspectors
of the county, an officer appointed by the Depart-
ment of Education and three members to be ap-
pointed by the council.

(2) The council may submit to the committee, and direct Functions of

^ . "^ . . f , . - committee.

It to report upon petitions for the setting up of new
high school districts or the modification or alteration

159

Department
may employ
committee.

of the boundaries of existing districts, and may
direct the committee to obtain information and
make recommendations regarding any question
affecting the facilities for education in the con-
tinuation schools and high schools in the county and
the liability of the county for the support of such
schools and the cost to the county of the education
of pupils in such schools.

(3) The Department of Education may direct the
committee to obtain information upon any question
affecting applications for the approval of continua-
tion schools or high schools or of sites and buildings
for such schools.

statements
from local
school
boards.

Recommen-
dations not
to bind
Department
or council.

(4) Continuation school boards, high school boards and
boards of education having control of schools within
the county shall, upon application, furnish to the
committee detailed statements of the names, resi-
dences and attendance of all resident, non-resident
and county pupils and of all receipts and expenditures
together with any further information which the
committee may require concerning matters which in
aay way affect the liability of the county or the cost
of education of pupils.

(5) The reports of the committee and the recommen-
dations made by it shall be used for the purpose of
obtaining information only, and the recommenda-
tions of the committee shall not be binding upon
the Department, the county council or the boards
in control of continuation schools or high schools.

0.326,8.50, 5, — (1) The clause lettered b in subsection 1 of section 50
ame^nded.' ' of The High Schools Act is amended by inserting after the
word "examiners" in the seventh line the words "the Minister
may appoint a separate school inspector to be a member of
the boaid of examiners for any high school within his inspec-
torate."

Rev. Stat., (2) The clause lettered a in subsection 1 of section 51 of

subs, i.'ci. a, The High Schools Act is amended by inserting after the word

amended. "board" in the sixth line the words "The Minister may appoint

a separate school inspector to be a member of the board of

examiners for any high school within his inspectorate."

Rev. Stat.,
c. 327,8. 22,
amended.

6. Section 22 of The Boards of Education Act is amended
by striking out the words "or who is appointed by the county
council" in the second line and inserting in lieu thereof the
words "or a member appointed by the county council who is

159

not a resident of the high school district" and by adding at the
end thereof the words "in such district," so that the section
will now read as follows:

22. A member of a board who is a separate school sup- ^^'^^tj^^^
porter, or a member appointed by the county tives on
council who is not a resident of the high school education.
district, shall not vote or otherwise take part in any
of the proceedings of the board exclusively affecting
the public schools in such district.

7. Subsection 1 of section 53 of The Separate Schools Act is Rev. stat.,

c 328 s 53

amended by striking out the words "as provided by section subs, i,'
118 of The Public Schools Act" and inserting in lieu thereof ^"^^" ^ "
the words "subject to appeal as is provided by section 121 of
The Public Schools Act.''

8. This Act shall come into force on the day upon which commence-
it receives the Royal Assent. Act.

159

en'

D-

C/l

•"

pi
O

"-1

K-i

Pi.

Pi-

(yci

1— »

(T)

CA)
n

>
3

rt)

•I

No. 160. 1928.

BILL

An Act to amend The Vaccination Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Vaccination Act, 1928. short title.

2. Section 9 of The Vaccination Act is amended by inserting Rev. stat ,
after the word 'Act" in the sixth line the words "or does not amended. '
comply with such other regulations as hereinafter provided." Penalty

for non-
compliance

3. Subsection 1 of section 7 and subsection 1 of section 12 j^^^, g^^t
of The Vaccination Act are amended by adding at the com- ^^^ea^s.^?,^
mencement of each of the said subsections the words "Save ass. 12, subs. 1,

, . f •11.1 amended.

heremaiter provided.

4. Any regulations requiring the vaccination or re- Regulations
vaccination of all persons residing within the jurisdic- to^certam' ^ 9
tion of any health officer shall be deemed not to apply '^®''^°^''" 1
to any person who makes an affidavit or statutory declaration
before a justice of the peace or other person authorized to
administer an oath to the effect that such person conscien-
tiously believes that vaccination would be prejudicial to his
health or to the health of his child as the case may be, or for
conscientious reasons, objects to vaccination and delivers or
transmits by registered mail to the health officer of the district
in which he resides, a certificate by the justice of the peace or
other authorized persons before whom the oath or declaration
was made, of such conscientious objections.

5. No form of vaccination, inoculation, or other medication Admission
shall hereinafter be made a condition precedent for the of un-°° ^
admission of any person to any public or private school, pupiis.^*^'*
college or university, or other educational institution or for
the employment of any person in any public or private business
or industrial activity for the exercise of any right, the per-
formance of any duty or for the enjoyment of any privilege.

160

•z

CI
r

Pi-

IN)

»— .

«*.

<!».

0^5

t— '

>
n

(Ti
3
Q-

n
o

5'
P

3
>

trq
<

No. 161. 1928.

BILL

An Act to amend The Game and Fisheries Act.

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

enacts as follows: —

1. This Act may be cited as The Game and Fisheries ^c/, ^^°''*^*'*'®-
1928.

2. — (1) The clauses lettered a, b and c in section 7 of TAe i^®^- stay
Game and Fisheries Act are repealed and the following sub- cis. a-c, '

, , r repealed.

stituted therefor:

(a) Any deer, moose or caribou in that part of Ontario Deer, moose,
lying north of the main line of the Canadian National c.n'.r°^
Railway (formerly Grand Trunk Pacific Railway)
from Quebec to the Manitoba boundary line, except
from the 15th day of September to the 25th day of
November, both days inclusive.

(6) Any deer, moose or caribou in that part of Ontario Deer, moose,
lying north of the Mattawa River and the main line Mattawa
of the Canadian Pacific Railway to Heron Bay on m^afn une
the north shore of Lake Superior and south of theHe^o^Bay.
main line of the Canadian National Railway, except
from the 20th day of October to the 25th day of
November, both days inclusive.

(c) Any deer, moose or caribou in that part of Ontario Deer, moose,
lying north of Lake Nipissing and the French River of Lake
and south of the main line of the Canadian Pacific and F*rench
Railway to Heron Bay on the north shore of Lake^'^®""-
Superior except from the 1st day of November to
the 25th day of November, provided however, that
on St. Joseph's Island in thedistrict of Algoma, the
open season shall be from the 10th day of November
to the 25th day of November, both days inclusive.

161

Deer, moose,
etc., south of
French and
Mattawa
Rivers.

(cc) Any deer, moose or caribou in that part of Ontario
lying south of the French and Mattawa Rivers,
except from the 5th day of November to the 20th
day of November, both days inclusive.

Rev. Stat..
o. 318,8. 7.
cl./,
repealed.

Wild gooRe
and duck
north and
west of
French and
Mattawa
Rivers.

(2) The clause lettered / in the said section 7 is repealed
and the following substituted therefor: , ,

(/) Any wild goose or wild duck in that part of Ontario
lying north and west of the French and Mattawa
Rivers and also including all Georgian Bay waters,
except from the 1st day of September to the 15th
day of December in any one year, both days in-
clusive, other than wood and eider duck, which may
only be taken during such period and on such terms
and conditions as may be prescribed by the
Lieutenant-Governor in Council.

Wild goose,
and duck
south of
French and
Mattawa
Rivers.

(Jf) Any wild goose or wild duck in that part of Ontario
lying south of the French and Mattawa Rivers (but
not including any portion of the Georgian Bay
waters) except from the 15th day of September to
the 15th day of December in any one year, both
days inclusive, other than wood and eider duck,
which may only be taken during such period and on
such terms and conditions as may be prescribed by
the Lieutenant-Governor in Council.

Rev. Stat.,
c. 318, s. 9,
Bubs. 3,
amended.

3. Subsection 3 of section 9 of The Game and Fisheries Act
isTamended by striking out the words and figures "31st day
of March" in the fourth line and inserting in lieu thereof the
words and figures "28th day of February."

Rev. Stat.,
c. 318, s. 10,
subs. 3,
amended.

4. Subsection 3 of section 10 of The Game and Fisheries Act
is amended by striking out the word "and" where it appears
before the word "York" in the fifth line and by inserting after
the said word "York" the words "Brant, Oxford, Waterloo,
Middlesex, Lambton, Essex, Kent, Elgin, Norfolk and
Haldimand."

Rev. Stat., 5. Subscction 4 of section 11 of The Game and Fisheries Act
subs. 4,' ' is amended by striking out all the words after the word

amended. << i»> • ,i j.v. !•

procured m the seventh hne.

Rev. Stat.
c. 318,
amended.

6. The Game and Fisheries Act is amended by adding
thereto the following section :

Licenses
not to be
issued in
blank.

19a. It shall be unlawful for any issuer of licenses to
issue, and for any person, while in a hunting camp
or on his way to or from a hunting camp, to have in

161

his possession a hunting license without the name of
the licensee filled in and any person contravening the
provisions of this section shall be guilty of an offence
against this Act.

T. The clause lettered e in section 20 of The Game aw^ ^^sig^ g^ 20
Fisheries Act is amended by striking out the word "fifteen" ^'^^-^^^^
in the first line and inserting in lieu thereof the word "sixteen."

8. Section 25 of The Game and Fisheries Act is amended by ^^g^g^ ^^^25
inserting before the word "fox" in the second line of the last^i^ended.
paragraph of the said section the words "silver and black."

9. — (1) Subsection 2 of section 59 of The Game o^^ ^^s^g^ g^ 59
Fisheries Act is amended by inserting after the word "launch" subs. 2
in the fourth line the words "or any railway car, including a
caboose and a baggage or express car" and by inserting after
the word "such" in the fifth line the words "railway car."

(2) Subsection 4 of the said section 59 is amended by c^®7ig^s^ 59
striking out the words "railway car" where they occur in the subs. 4
eleventh and fifteenth lines thereof. .

10. This Act shall come into force on the 1st day of June, me^tTf"°^'
1928. ^^*

161

5 'V

3 n.

^.^

o cr

tn >-<

rt ^

(yes

pi-

Pi.
^.

Ot5

tr 3

■ o

r
r

No. 162. 1928.

BILL

An Act for granting to His Majesty certain sums of
money for the Public ^Service of the financial year
ending on the 31st day of October, 1928, and for
the Public Service of the financial year ending the
31st day of October, 1929.

Most Gracious Sovereign:

WHEREAS it appears by message from His Honour Preamble.
William Donald Ross, Esq., Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying the
same, that the sums hereinafter mentioned in the schedules
to this Act are required to defray certain expenses of the
public service of this Province, not otherwise provided for,
for the financial year ending the 31st day of October, 1928,
and for the financial year ending the 31st day of October, 1929,
and for other purposes connected with the public service;
May it therefore please Your Majesty that it may be enacted,
and it is hereby enacted by the King's Most Excellent
Majesty, by and with the advice and consent of the Legislative
Assembly of the Province of Ontario, as follows: —

1. From and out of the Consolidated Revenue Fund of $7,873,078.00
this Province, there may be paid and applied a sum not year ending
exceeding in the whole Seven million eight hundred and ^ist^October,
seventy-three thousand and seventy-ei^ht dollars towards
defraying the several charges and expenses of the public

service of this Province, not otherwise provided for, from the
1st day of November, 1927, to the 31st day of Octobei, 1928,
as set forth in Schedule "A" to this Act.

2. From and out of the Consolidated Revenue Fund of^f|;oo^'"
this Province, there may be paid and applied a sum not ^^^^jt^*^g^<"°''
exceeding in the whole Thirty eight million six hundred and 1928-29.
thirty-nine thousand three hundred and eighteen dollars
towards defraying the several charges and expenses of the

public service of this Province, not otherwise provided for,
from the Istday of November, 1928, to the 3 1st day of October,
1929, as set forth in schedule "B" to this Act.

162

Accounts
to be laid
before
Assembly.

3. Accounts in detail of all moneys received on account
of this Province during the said financial year 1927-28, and
of all expenditures under Schedule "A" of this Act, shall be
laid before the Legislative Assembly at its first sitting after
the completion of the said period; and accounts in detail of
all moneys received on account of this Province during the
financial year 1928-29 and of all expenditures under Schedule
"B" of this Act shall be laid before the Legislative Assembly
at the first sitting after the completion of the said financial
year.

pnatkTns for ^- Any part of the money Under Schedule "A" appropriated
expend^ed '^' ^y ^^^^ ^^^ °^^ °^ ^^^ Consolidated Revenue, which may be
to lappe. unexpended on the 31st day of October, 1928, shall not be
expended thereafter, except in the payment of accounts and
expenses incurred on or prior to the said day; and all balances
remaining unexpended after the said date or at such sub-
sequent date as may be fixed by the Lieutenant-Governor in
Council under the provisions of The Audit Act shall lapse
and be written off.

Appro-
priations for
1928-29 un-
expended
to lapse.

6. Any part of the money under Schedule "B" appropriated
by this Act out of the Consolidated Revenue, which may be
unexpended on the 31st day of October, 1929, shall not be
expended thereafter, except in the payment of accounts and
expenses incurred on or prior to the said day; and all balances
remaining unexpended after the said date or after a date
fixed by the Lieutenant-Governor in Council as mentioned in
section 4 shall lapse and be written off.

Accounting
for ex-
penditure.

6. The due application of all moneys expended under this
Act out of the Consolidated Revenue shall be accounted for
to His Majesty.

menl"cff"Al;'t. '^ • This Act shall come into force on the day upon which
it receives the Royal Assent.

SCHEDULE "A."

Sums granted to His Majesty by this Act for the financial
year ending on the thirty-first day of October, one thousand
nine hundred and twenty-eight to defray expenses of:

Prime Minister's Department. . s$2,474,975 00

Legislation 5,900 00

Attorney-General's Department 19,090 06

Insurance Department 4,375 00

Education Department 2,074,151 00

162

Lands and Forests Department. $240,000 00

Mines Department 6,557 80

Game and Fisheries Department 18,795 00

Public Works Department 1,988,701 54

Highways Department 45,914 00

Health Department 46,525 00

Labour Department 169,100 00

Provincial Treasurer's Depart-
ment 19,550 00

Provincial Auditor's Office 19,600 00

Provincial Secretary's Depart-
ment 534,501 10

Agriculture Department 131,597 50

Miscellaneous 73,745 00

Total estimates for expenditure of 1927-

1928. $7,873,078 00

SCHEDULE "B."

Sums granted to His Majesty by this Act for the financial
year ending on the thirty-first day of October, one thousand
nine hundred and twenty-nine to defray expenses of:

Lieutenant-Governor's Office. . . $6,050 00

Prime Minister's Department. . 8,335,600 00

Legislation 384,575 00

Attorney-General's Department 2,061,415 00

Insurance Department 49,625 00

Education Department 7,900,189 00

Lands and Forests Department. 2,547,450 00
Northern Development Depart-
ment 499,725 00

Mines Department 360,600 00

Game and Fisheries Department 527,825 00

Public Works Department 1,262,165 00

Highways Department 562,339 00

Health Department 686,450 00

Labour Department 2,675,705 00

Provincial Treasurer's Depart-
ment 619,950 00

Provincial Auditor's Office 98,725 00

Provincial Secretary's Depart-
ment 6,829,540 00

Agriculture Department 2,608,390 00

Miscellaneous 623,000 00

Total estimates for expenditure of 1928-

1929 $38,639,318 00

162

£3-

"TJ

GO v; H

OJ C/5 D- O

Cfi

I—'

(T>

►-•->

1—'
o

Pi-

o
tr

P
o

VO
r-l-

VO
to

0^a

O
o

r+
O

•-t

1—'
VO
to
VO

October, 1928, and fo
e of the financial year

P
3

n
p
>-t

ft)

►t

r+
3"

"-1

orq

•-t
P

OfQ

cn'

r
r

I—'

n>
o
•-t

crq
n

•-t

*(?'

(T)
3

tr (/}

C/Q

C
o;

•-t

?•

1— »

f-f-
P,

(-1-

fl)

No. 163. 1928.

BILL

An Act to authorize the Purchase and Operation of

the Windsor, Essex and Lake Shore Rapid

Railway.

WHEREAS the corporations of the township of Sandwich Preamble.
West, the township of Sandwich East, the township of
Sandwich South, the township of Maidstone, the township of
Colchester North, the township of Gosfiield North, the town-
ship of Gosfield South, the township of Mersea, the town of
Essex, the town of Kingsville, the town of Leamington and
the city of Windsor have by petition represented that they
desire to purchase, rehabiHtate and operate the Windsor,
Essex and Lake Shore Rapid Railway; and whereas it is
expedient that an Act should be passed empowering the said
corporations to purchase, rehabilitate and operate the said
railway; and whereas the said corporations have by their
petition further prayed that it may be enacted as hereinafter
set forth; and whereas it is expedient to grant the prayer of
the said petition;

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. This Act may be cited as The Windsor, Essex and La^e Short title.
Shore Rapid Railway Act, 1928.

2. In this Act, — pretation.

(a) "Corporations" shall mean the corporations of the p^j^^fjo^g .
township of Sandwich West, the township of Sand-
wich East, the township of Sandwich South, the
towns'hip of Maidstone, the township of Colchester
North, the township of Gosfield North, the township
of Gosfield South, the township of Mersea, the town
of Essex, the town of Kingsville, the town of Leam-
ington, and the city of Windsor, or such of them as
may become parties to the agreement referred to
herein and in schedule "A" to this Act.

163

"Railway.

"Assooia-
tion."

(b) "Railway" shall mean the Windsor, Essex and Lake
Shore Rapid Railway.

Lake Shore Electric Railway Association formed
pursuant to the provisions of this Act.

Formation^of 3. There is hereby created and constituted a body corporate
and politic under the name of the "Windsor, Essex and Lake
Shore Electric Railway Association," consisting of as many
members as there are corporations, one member to be appointed
by the council of each corporation and to hold office for three
years and until his successor is appointed. In case of any
vacancy in the representation of any corporation in the
Association, the council of such corporation may by resolution
appoint another member to fill the vacancy. Any member of
the council of any of the corporations shall be eligible for
appointment as a member of the Association. A majority of
the members shall form a quorum for the transaction of
business. The first meeting of the Association may be called
by the member appointed by the city of Windsor by written
notice served on the other members, and at such first meeting
the Association shall appoint one of the members as chairman
and another as vice-chairman.

By-laws of
Association.

4. The Association may from time to time enact, make,
alter, repeal, amend, vary and re-enact by-laws for the
carrying on, management and regulation of the undertaking
of the Association and for giving effect to the provisions of
this Act, and the agreement in the schedule hereto, and for
governing the proceedings of the Association, the conduct of
its members, the appointment or calling of meetings of the
Association and generally such by-laws as the Association
may consider necessary or expedient in connection with the
businCvSs and affairs of the Association, and the Association
may from time to time appoint such officers and employees
as the Association may deem necessary for the proper conduct
of the business of the Association, and may prescribe their
duties and fix their remuneration.

Execution
of by-laws.

5. Every by-law shall be under the seal of the Association
and shall be signed by the chairman or by the person presiding
at the meeting at which the by-law has been passed and by
the secretary or assistant secretary.

Power to
acquire and
operate
railway.

6. The Association may upon behalf of the corporations
purchase, acquire, construct, rehabilitate, extend, complete,
equip, maintain and operate the railway as provided in the
agreement set out in the schedule to this Act, and for that
purpose shall have and may for the purpose aforesaid exercise

163

all the powers, rights, immunities and privileges of a company
incorporated by a special Act for the construction of a railway
under The Railway Act so far as the same are applicable. c 2^4.

7. — (1) The Association and the corporations may by Authority to
by-law authorize the execution of an agreement in the form ®|®^^^gjj^
or to the effect set out in the schedule to this Act, or with such
variations, additions, alterations or amendments as may be
approved by the Lieutenant-Governor in Council either
before or after the execution thereof, and the said agreement
when executed shall be legal, valid and binding upon the
corporations and the ratepayers thereof and upon the Asso-
ciation; and the Association and the corporations shall have
and may exercise all powers necessary to the effectual per-
formance by the Association and the corporations of all the
terms, provisions, covenants, stipulations and conditions
contained in said agreement.

(2) It shall not be necessary to submit for the assent of the ^j|^®^*gO^^^
electors any by-law passed by the municipal council of any required,
of the corporations either to authorize the execution of said
agreement or to authorize the issue of debentures pursuant
to said agreement or for any other purpose whatever under
this Act or said agreement.

8. — (1) The Association may with the consent of a majority Power of
of the corporations, such consent to be in the form of a to make
municipal by-law, enter into a contract with any body for co^-'^
corporate, commission or railway company operating any operation',
railway in the county of Essex providing for the management, ®*°*
construction, rehabilitation, extension, completion, equip-
ment, maintenance and operation of the railway on behalf of
the Association and the corporations, and for the performance
by such body corporate, commission or railway company of
any or all of the duties and obligations with respect to the
management, construction, rehabilitation, extension, comple-
tion, equipment, maintenance and operation of the railway
to be performed by the Association under this Act or the
agreement other than the issue of the bonds of the Association
as referred to in this Act and in the said agreement, and any
such body corporate, commission or railway company may
enter into such contract with the Association, and for that
purpose and to the extent provided in the said contract,
shall have and may exercise all or any of the powers, and
may perform any or all of such duties and obligations.

(2) Where such contract is made, the said body corporate, separate

• • M 1 11 • 1 a. i-i. books of

commission or railway company shall, with respect to the account to
management and operation of the railway, maintain separate ® ®^ '
and distinct books and accounts from the books and accounts

163

of any other undertaking in which it is engaged, and all
moneys received by it in connection with such operation shall
be kept in a separate bank account and shall not be merged
with its funds derived from anv other source.

Case of ^ 9. — (1) Where any one or more of the municipal corpora-

corporation tions referred to in this Act, whether or not named as a party
agreement, to the agreement, has or have failed to pass the necessary
by-law and to execute the agreement, and the principal amount
of debentures to be deposited by such corporations with the
Association, as referred to in schedule B to said agreement,
does not exceed the sum of $165,000 and the remaining
corporations, parties to the agreement, have by resolution
of their respective councils, declared it desirable to proceed
with the undertaking, notwithstanding the failure of such
first-mentioned corporation or corporations to execute the
agreement, the agreement shall, nevertheless, be legal, valid
and binding upon the Association and the corporations who
execute the same; provided, however, that in such case the
corporations which have executed the agreement shall deposit
with the Association in the respective proportions in which
they undertake by the agreement as set forth in schedule B
thereto, to deposit debentures with the Association, addi-
tional debentures to the aggregate amount of the debentures
which said first-mentioned corporation or corporations would
have been required to deposit with the Association if they
had executed the agreement with the Association.

(2) Should any corporation which has so failed to execute
the agreement subsequently execute the same and deposit
debentures as required by the agreement, the Association
shall return to the other corporations the additional deben-
tures deposited under subsection 1, and such debentures
may be cancelled by the respective corporations.

Association (3) Until a corporation, party to the agreement, has
construct executed the agreement and deposited debentures with the
Association as required by this Act or the agreement, the
Association shall not be bound to construct, equip, maintain,
or operate within the limits of the corporation any works
contemplated by the agreement except such as may be
necessary for the construction, equipment and maintenance
of the railway in passing through the municipality to and
from municipalities, the corporations of which have executed
the agreement and deposited debentures to the amounts
stated therein.

Subsequent
execution of
agreement.

until cor-
poration
executes
agreement

Execution 10. For the sake of convenience the agreement may be

parts. executed in any number of counter parts and when so executed

shall be as binding and effectual as if all the parties executing

any such counter parts had all executed the one counter part.

163

11. — (1) Where land is required for any of the purposes ^^^p[PJj^
for which land may be acquired or expropriated under The ^y^'^^^- ^
Railway Act, the Association in respect thereof shall have thec.c. 224. si.
powers and shall proceed in the manner provided by The
Public Works Act, where the Minister of Public Works takes
land or property for the use of Ontario; and the provisions of
the said Act shall, mutatis mutandis, apply.

(2) Where compensation would be payable upon the petermina-
exercise of any powers by the Commission under The Railway pensation!""
Act, the same shall be determined in the manner provided by
The Public Works Act.

12. Any and all municipal rates required to be levied byof^Jtes.
the corporations for payment of debentures or interest thereon
referred to in this Act or the agreement, shall be raised, levied

and collected from the rateable property in the districts
described and enumerated in schedule "C" to the agreement.

13. All bonds and other securities duly authorized to be Execution of
executed by the Association shall, unless otherwise specially Association,
authorized or provided, be sealed with the seal of the Associa-
tion and signed by the chairman or vice-chairman and counter-
signed by the secretary or assistant secretary of the Associa-
tion or signed or countersigned by some other person or
persons authorized by by-law to sign or countersign the same,
provided that the lithographed signatures of the chairman or
vice-chairman and the secretary or assistant secretary may

be affixed to all coupons attached to such bonds. All bonds
sealed with the seal of the Association and countersigned as
hereinbefore provided and purporting to be issued in pursuance
of any by-law of the Association shall be legal, valid and
binding on the Association.

14. Every trust indenture made by the Association to ^®P^°|^^g°^
secure any bonds or other securities of the Association and ^^cunng

. . bonds with

creatmg a mortgage, charge, hypothecation, pledge or mcum- Railway and

brance of or upon the whole or any part of the property, Board?^^

assets and undertaking of the Association, present or future

or both, as described in said trust indenture, shall be deposited

in the office of The Railway and Municipal Board of which

deposit notice shall forthwith be given in the Ontario Gazette

and such trust indenture need not be registered or filed under

the provisions of any law respecting registration, filing or

recording of instruments affecting real or personal property.

A copy of any such trust indenture so deposited certified to

be a true copy by the chairman or secretary of the Association,

shall be prima facie evidence of the original without proof of

the signature of such official.

163

I /

of"runn1ng ^^- ^^ P^*"^ °^ ^^y ^^^^ °^ railway constructed or operated

rights. under the authority of this Act, the Association may purchase,

lease or obtain running rights over any steam railway, electric
or street railway or bus line or any part thereof.

Extension
of railway.

16, — (1) If at any time the corporation of any adjacent
municipality applies to the Association for an extension of the
railway into its municipality the Association shall notify the
applicant and the corporations, in writing, of a time and place
to hear all representations that may be made as to the terms
and conditions relating to such proposed extension. Applica-
tions for extension into more than one municipality may be
heard and determined at one time.

(2) If, on the recommendation of the Association, such
extension shall be authorized, without discrimination in favour
of the applicant, as to the cost incurred or to be incurred for
or by reason of any such extension, the Association may
extend the railway upon such terms and conditions as may
appear equitable to the Association.

(3) No such application for an extension of the railway into
any municipality the corporation of which is not a party to
this agreement shall be granted if it is estimated by the
Association that the cost of service of the railway to the
corporations parties hereto will be thereby increased or the
revenue and accommodation be injuriously affected without
the written consent of the majority of the corporations
parties hereto.

17. Debentures issued and debts contracted by any cor-
poration pursuant to this agreement shall not be included in
umft ^of"^"^ ascertaining the limits of the borrowing powers of the corpora-
borrowing ^-Jon as prescribed by The Municipal Act, and debentures may
be issued and debts contracted by the corporations for the
purposes mentioned in this agreement notwithstanding the
limitations prescribed by The Municipal Act.

Debentures
not be
counted in

powers.

Certain 18. Sections 65 to 68 and section 210 of The Railway Act

Rev°st\t*^ shall not apply to the corporations or the Association or to
0. 224, not to any railway constructed, purchased or operated under
authority of this Act, but the construction, equipment and
operation of such railway by the Association shall be in
accordance with the provisions of The Railway Act except
where they are inconsistent with the provisions of this Act.

19. This Act shall come into force on the day upon which

Commence-

Act. it receives the Royal Assent

163

SCHEDULE "A."

This indenture made the day of in the year of

our Lord one thousand nine hundred and .

Between:

Windsor, Essex and Lake Shore Electric Railway

Association (hereinafter called the "Association"),

of the first part,
— and —

The Corporations of the

(hereinafter called the "Corporations"),

of the second part.

Whereas the Corporations have procured a report upon the cost of
acquisition, rehabilitation, construction, equipment and operation of an
electric railway, now known as The Windsor, Esse'x and Lake Shore
Rapid Railway and running through certain districts in which the Cor-
porations are situated, and over the routes described in Schedule "A"
together with the probable revenue that would result from the operation
of such railway;

And whereas on receipt of the said report the Corporations requested
the Association to acquire, rehabilitate, construct, equip and operate the
said electric railway (hereinafter called the railway) over the routes laid
down in Schedule "A", attached hereto, upon the terms and conditions
and in the manner herein set forth ;

And whereas the Association has agreed with the Corporations on
behalf of the Corporations to acquire, rehabilitate, construct, equip and
operate the railway upon the terms and conditions and in the manner
herein set forth ;

Now therefore, this indenture witnesseth:

1. In consideration of the premises and of the agreements of the
Corporations herein contained, the Association agrees with the Corpora-
tions and each of them as follows:

(a) To acquire, rehabilitate, construct, equip and operate the railway
through the districts in which the municipalities are situate on behalf of
the Corporations;

(b) To rehabilitate, construct, equip and operate the railway so
acquired over the routes laid down in Schedule "A";

(c) To issae bonds, as provided in clause 3 of this Agreement, to cover
the cost of acquiring, rehabilitating, constructing and equipping the
railway;

(e) To regulate and fix the fares and rates of toll to be collected by the
railway for all classes of service;

(f) To utilize the routes and property of the railway for all purposes
from which it is possible to obtain a profit;

163

(g) To permit and obtain interchange of traffic with other railways
wherever possible and profitable;

(h) To apply the revenue derived from operation of the railway and
any other revenue derived from the undertaking to the payment of operat-
ing expenses, including the supply of electrical power or energy, the cost
of administration, and annual charges for interest and sinking fund and
such other deductions as are hereinafter provided for;

(i) To set aside from any revenue thereafter remaining an annual
sum for the renewal of any works belonging in whole or in part to the
undertaking;

(j) To pay over annually to the Corporations, after the repayment in
full of all the Association's bonds, if deemed advisable by the Association
in the interests of the undertaking, any surplus that may remain after
providing for the items above mentioned. The division of such surplus
between the Corporations to be fixed by the Association on an equitable
basis, having regard in the case of each Corporation to the respective
amounts of debentures deposited by the Corporations with the Association
pursuant to this Agreement.

(k) To take active steps for the purpose of acquiring, rehabilitating,
constructing, equipping and operating the railway at the earliest possible
date after the execution of this Agreement by the Corporations and the
deposit of the debentures as called for under sub-clause (6) of clause 2
hereof;

(1) To make such extensions to the railway described in Schedule
"A" as may appear advantageous and profitable from time to time.

Provided always that as part of any line of railway acquired, con-
structed and operated by the Association, the Association may purchase,
lease or obtain running rights over, any steam railway, electric railway or
street railway or bus line or any part thereof.

2. In consideration of the premises and of the agreements herein set
forth the Corporations and each of them agree with each other and with
the Association as follows:

(a) To bear the cost of acquiring, rehabilitating, constructing, equip-
ping, operating, maintaining, repairing, renewing and insuring the railway
and its property and works and to pay the principal, interest and premuim,
if any, of and on the bonds of the Association issued for the railway;

(ft) To issue debentures for the respective amounts set opposite their
respective names in Column 3 of Schedule "B" to this Agreement and to
deposit the said debentures with the Association previous to the issue by
the Association of its bonds mentioned above;

(c) To make no Agreement or arrangement with, and to grant no
franchise, license or other inducement to any other railway or trans-
portation company without the written consent of the Association;

{d) To keep, observe and perform the covenants, provisos and con-
ditions set forth in this Agreement intended to be kept and observed and
performed by the Corporations, and to execute such further or other
documents and to pass such by-laws as may be requested by the Association
for the purpose of fully effectuating the objects and intent of this Agree-
ment;

(e) To furnish a free right-of-way for the railway over any property
of the Corporations upon being so requested by the Association, and to,
execute such conveyance thereof or Agreement with regard thereto as
may be desired by the Association.

3. (a) It shall be lawful for the Association and the Association is
hereby authorized to create or cause to be created an issue of bonds of
the Association to the aggregate principal amount of One Million Dollars

163

($1,000,000) and the Association from time to time subipct to sub-clause
(b) of this clause 3 may increase such bond issue by the issue of further
bonds for such amount as the Association may deem necessary to cover
the capital cost of extensions, improvements, and additional properties,
works and equipment of any kind, or any of them, for use on or in con-
nection with the railway; and the Association, from time to time, upon
such terms as it deems proper, may sell, hypothecate, pledge or otherwise
dispose of any bonds of the Association issued under this Agreement
but only after deposit with the Association of the debentures of the Cor-
porations as provided in this Agreement;

(b) Subject as hereinafter in this sub-clause (b) provided, the Associa-
tion shall obtain the consent of a majprity of the Corporations before
increasing the said bond issue by the issue of further bonds, such consent
in each case to be in the form of a Municipal By-law duly passed by the
Council of the Corporation for which the assent of the electors shall not
be necessary; provided that where such further bonds are being issued
to cover capital cost within the limits of one Municipality only the consent
of the Corporation of that Municipality alone shall be necessary; and
provided further that it shall not be necessary to obtain the consent of
any of the Corporations in respect to the issue of further bonds from
time to time up to an amount not exceeding ten per cent. (10%) of the
aggregate amount of the bonds of the Association issued with the consent
of the Corporations as above mentioned and outstanding from time to
time;

(f) The bonds issued by the Association from time to time under this
Agreement shall respectively bear such date, carry such rate of interest,
be payable at such place or places and in such monies and upon such
terms and conditions and mature within such period not exceeding fifty
(50) years from the date thereof as the Association may determine at the
time of issuing the said bonds; all bonds issued by the Association under
this Agreement shall form part of the said bond issue, shall rank pari
passu, and shall be equally charged upon and secured by the railway and
every extension thereof and all lands and interests in lands, buildings,
fixtures, improvements, stations, terminals, rolling stock, equipment,
income, tolls, revenue, sources of money, rights, powers, privileges,
franchises and all properties and assets of or belonging to the Rfeilway as
a first mortgage or charge thereon;

(d) In order to provide for the payment of the said bonds the Associa-
tion shall in each year after the expiration of five (5) years from the date
of the said bonds respectively or such shorter period as the Association
may determine out of the revenue of the railway after payment of operating
expenses, including the supply of electrical power or energy and the cost
of administration and annual charges for interest, set aside annually as
a sinking fund such sums as with the estimated interest at the rate of four
per cent. (4%) per annum compounded annually would be sufficient in
forty (40) years to repay the said bonds respectively, and such sinking
fund shall be held for and applied towards the repayment or retirement
of the said bonds respectively or any renewal or refunding thereof at
maturity and in the meantime may be invested in securities issued by or
guaranteed by the Province of Ontario; and the Association shall have
power at such times as it may deem expedient to issue further bonds to
such amounts as will realize the net sum required after the application of
the accumulated sinking fund on hand available therefor to repay the
said bonds as the same respectively mature;

(e) The Association, upon such terms as it deems proper, but subjtect
always to the terms o' any trust deed securing the bonds o*' the Association,
may lease, sell, or otherwise dispose of, free from any lien, charge, mortgage
or encumbrance, any property real or personal which the Association
may deem unnecessary for the purpose of the railway or any section or
extension thereof and the Association shall use or dispose of the proceeds
thereof only for the purposes of the railway in expenditures on capital
account or shall invest the same in securities of or guaranteed by the
Province of Ontario or shall apply the same for the retirement of the
said bonds or partly in one way and partly in the other.

163

4. (a) The debentures issued by the Corporations as mentioned in
sub-clause (b) of clause 2 hereof shall bear the same date as the bonds
issued by the Association to the aggregate principal amount of One Million
Dollars ($1,000,000), referred to in clause 3 (a) hereof and shall carry a
rate of interest not less than the said bonds and shall mature within fifty
(50) years from the date of such debentures; the interest shall be payable
half-yearly and both principal and interest shall be payable in lawful
money of Canada at Toronto, Ontario, and at such other place or places,
if any, as the Corporation in each case may determine;

(b) From time to tinie, whenever the Association shall authorize an
increase of the said bond issue by the issue of further bonds of the Associa-
tion as hereinbefore provided, the Corporations upon requisition in writing
from the Association shall issue and deposit with the Association further
debentures to the respective amounts specified in the said requisition;
the said further debentures shall be for an aggregate of not less than
One Hundred and Ten per centum (110%) of the principal amount of the
said further bonds of the Association constituting the said increase; shall
bear the same date as the said bonds; shall carry a rate of interest not less
than the said bonds, and shall mature within fifty (50) years from the
date of the said debentures; the interest shall be payable half-yearly and
both principal and interest shall be payable in lawful money of Canada
at Toronto, Ontario, and at such other place or places, if any, as the
Corporation in each case may determine;

(c) All debentures issued by the Corporations under this Agreement
shall be held or disposed of by the Association in trust for the holders of
the bonds of the Association issued for the Railway as collateral security
for the payment thereof in such manner and at such time or times and upon
such terms and conditions as the Association in its discretion may deter-
mine;

(d) In the event of the revenue derived from the operation of the
Railway being insufficient in any year to meet the operating expenses of
the railway, including the supply of electrical power or energy, the cost
of administration and the annual charges for interest and sinking fund on
the bonds of the Association, and if the Association deems advisable, for
the renewal of any works belonging in whole or in part to the railway,
such deficit shall be forthwith paid to the Association by the Corporations
upon demand of and in the proportion adjusted and specified by the
Association; and such respective amounts so specified by the Association
shall be debts due and owing by the respective Corporations to the Associa-
tion and may be recovered by the Association from each such Corporation
in any Court of competent jurisdiction together with interest at the rate
of six per cent, per annum on the balance of any such amounts not
paid upon demand as aforesaid; and the production by the Association
of the notice to the Corporation specifying the amount owing and of
proof of delivery thereof to the Corporation shall be conclusive evidence
of the amount due and owing by the Corporation to the Association as
a debt;

(e) In default of payment by any Corporation or Corporations of any
amount demanded by the Association under sub-clause (d) of this clause 4,
the Association may upon such terms as it may deem advisable borrow
on the security of and pledge or hypothecate the debentures of any Cor-
poration or Corporations to raise the moneys required to meet the amount
or amounts so in default; and if the moneys so borrowed shall not have
been paid by the Corporations or any of them together with the interest
on the moneys so borrowed within two months from the date of such
borrowing, the Association may sell at such price or prices and on such
terms and conditions as it may deem proper, sufficient debentures of any
Corporation or Corporations to realize the moneys required to repay the
moneys so borrowed and the interest thereon. Whenever the debentures
of any Corporation shall have been sold as aforesaid, every such Cor-
poration shall in each year thereafter in lieu of the annual sinking fund
levies provided for under the respective By-law or By-laws authorizing
the issue of such debentures so sold levy for sinking fund such amounts
as shall be sufficient to meet at maturity such debentures so sold and shall
thereupon issue and deposit with the Association, upon the same terms and

163

for the same purposes as the original debentures so deposited, additional
debentures of such Corporation payable in the same manner and upon
the same terms and conditions and to the same principal amount as the
debentures so sold, without prejudice to the rights of each such Corporation
to recover from any or all of the other Corporations parties hereto such
respective sums as the Association shall determine;

(/) The Association in lieu of holding the said debentures may lodge,
pledge, hypothecate, charge and mortgage the same or any of them with
or to a Trust Company or Corporation as Trustee for the holders of the
bonds of the Association and for such purpose the Association may enter
into, execute and deliver any Agreement, Trust Indenture or other docu-
ment containing such powers, terms and conditions, and such mortgage,
charge and pledge, including a mortgage and charge on the railway and
every extension thereof and all the lands and interests in land, buildings,
fixtures, improvements, terminals, rolling stock, equipment, income, tolls,
revenues, sources of money, rights, powers, privileges, franchises and all
other properties and assets, present and future, of the Association, as the
Association in its sole discretion shall deem to be in the best interests of
the Association and of the holders of said bonds, anything contained in
this Agreement to the contrary notwithstanding, and the Association may
assign and transfer to and vest in the said Trustee for the holders of the
bonds of the Association all the rights, powers, privileges and remedies
conferred upon the Association under this Agreement and all benefit and
advantage to be derived therefrom; and in the event that the Association
shall make default in payment of the principal of or interest on its bonds
or in payment of the sinking fund provided in respect of its bonds, or in
any other particular whatsoever under the Trust Indenture securing its
bonds, and the Trustee thereof shall have determined or become bound to
enforce the same and shall have declared to be due and payable the
principal of the bonds of the Association issued under said Agreement,
Trust Indenture or other document and all other moneys secured thereby,
and shall have sold or otherwise disposed of any or all of the said debentures
lodged, pledged, hypothecated, charged or mortgaged as aforesaid, and
in the event of the proceeds from such sale together with any other monies
then in the hands of the Trustee being insufficient to pay all monies owing
under the said Trust Indenture and the bonds then outstanding thereunder,
the Corporations agree with the Association that upon notification from
the Association or said Trustee of the amount of such deficit they will
pay to said Trustee the amount of such deficit in the same respective
proportions as they shall respectively have deposited debentures with the
Association as provided in this Agreement;

(g) The By-laws of the Corporations authorizing the issue of the
debentures to be deposited with the Association under this Agreement
shall in each case provide for the raising in each year during the currency
thereof, of the annual interest thereon and in each year commencing at
the expiration of not more than five years from the date thereof and con-
tinuing throughout the currency of said debentures, a specific sum which
with the estimated interest at a rate not exceeding four per cent, per
annum capitalized yearly will be sufficient to pay the principal of the said
debentures at maturity; provided that in any year in which the Association
shall have paid the whole or any part of the interest and shall have set
aside the whole or any lesser proportion of the sinking fund required to
be set aside by it as hereinbefore provided in respect to bonds issued by it
and for which such debentures have been pledged as collateral security,
the respective amounts to be raised by such Corporations for any year
shall be reduced in the proportion which the amount of interest so paid
or the amount of sinking fund so set aside by the Association bears to
the amount required to be paid and set aside by the Association as
aforesaid; and any interest and sinking fund moneys required to be raised
by the Corporations hereunder shall be paid to the Association or in the
event of the Association having pledged said debentures to a Trustee as
aforesaid shall be paid to said Trustee for the holders of the bonds of the
Association and shall be added to the sinking fund of the Association
under the Trust Deed securing the said bonds, and the said Trustee may
apply any such sinking fund so received toward the payment or retirement
of any bonds of the Association under the terms of the said Trust Deed;
provided further that in the event that the said Trustee shall enforce the

163

Trust Deed and sell or otherwise dispose of any or all of the debentures
of the Corporations mortgaged, hypothecated or pledged thereunder to
provide the necessary moneys required for the payment of the principal,
interest and premium of the bonds of the Association after the application
of the sinking fund moneys then available in the hands of the Trustee,
the Corporations shall in each year thereafter in lieu of the annual sinking
fund payments provided for under the respective By laws authorizing the
issue of their debentures so disposed of levy for sinking fund such amounts
as shall be sufficient to meet at maturity the debentures so sold or other-
wise disposed of; and provided further that any sinking fund monies raised
by any Corporation in respect of that portion of its debentures if any which
have been sold or otherwise disposed of by the Association or by the said
Trustee hereunder shall not be paid to the Association or to the Trustee
and shall be retained and dealt with by such Corporation to repay at
maturity the debentures so sold or otherwise disposed of, in the manner
provided by The Municipal Act.

5. Should any Corporation fail to perform any of the obligations to
the Association under this Agreement, the Association may, in addition
to all other remedies and without notice, discontinue the service of the
railway to such Corporation in default until the said obligation has been
fulfilled, and no such discontinuance of service shall relieve the Corporation
in default from the performance of the covenants, provisos and conditions
herein contained.

6. In case the Association shall at any time or times be prevented
from operating the railway or any part thereof by strike, lockout, riot,
fire, invasion, explosion, act of God, or the King's enemies, or any other
cause reasonably beyond its control, then the Association shall not be
bound to operate the railway or such part thereof during such time; but
the Corporations shall not be relieved from any liability or payment
under this Agreement and as soon as the cause of such interruption is
removed the Association shall, without any delay, continue full operation
of the railway, and each of the Corporations shall be prompt and diligent
in doing everything in its power to remove and overcome any such cause
or causes of interruption.

7. This Agreement may be amended by the Association and the
Corporations with the consent of the Lieutenant-Governor in Council and
the Corporations shall pass all such by-laws as may be necessary to
authorize, confirm and carry out every such amendment, and every such
amendment and this Agreement as so amended shall have force and effect
as if the said amendment had been originally part of this Agreement
and all by-laws passed and proceedings taken by the Corporations and
by the Association in connection therewith shall be as effective as if taken
originally under or in connection with this Agreement.

Provided that no such amendment shall in any way lessen or impair
the obligations of the Corporations or any of them or of the Association
under this Agreement in respect to bonds issued by the Association during
the currency of this Agreement.

8. Every railway and all the works, oroperty and effects held and
used in connection therewith, acquired, constructed, operated and main-
tained by the Association under this Agreement and the said Act shall be
vested in the Association on behalf of the Corporations; but the Association
shall be entitled to a lien upon the same for all money expended by the
Association under this Agreement and not repaid.

9. Each of the Corporations covenants and agrees with the other:
(a) To carry out the agreements and provisions herein contained;

(6) To co-operate by all means in its power at all times with the
Association to create the most favourable conditions for the carrying out
of the objects of the agreement and of the said Act, and to increase the
revenue of the railway and ensure its success.

163

10. In the event of any difference between the Corporations, the
Association may, upon application, fix a time and place to hear all repre-
sentations that may be made by the parties, and the Association shall
adjjust such differences, and such adjjustments shall be final.

11. This Agreement shall continue and extend for a period of fifty
years from the date hereof, and at the expiration thereof be subject to
renewal, with the consent of the Corporations from time to time for like
periods of fifty years. At the expiration of this Agreement the Association
shall determine and adjust the rights of the Corporations, having regard
to the amounts paid or assumed by them respectively under the terms of
this Agreement and such other considerations as may appear equitable
to the Association and are approved by the Lieutenant-Governor in
Council.

12. It is understood and agreed that the rates imposed for the share
of the cost to be borne by those Municipalities listed in Schedule "C"
attached hereto, shall be imposed upon the rateable property set forth
respectively in the said Schedule.

In witness whereof the Association and the Corporations have respec-
tively affixed their Corporate Seals and the hands of their proper officers.

Signed, Sealed and Delivered
in the presence of:

Windsor, Essex and Lake Shore
Electric Railway Association,

Chairman.

Secretary.
The Corporation of

Reeve {or Mayor).

Clerk.

163

SCHEDULE "A" TO THE AGREEMENT.

Route.

The railway extends in a general southeasterly direction from a location
near the corner of Ouellette and Pitt Streets, Windsor to Leamington,
being located on streets or public roads from Windsor to the intersection
of the Michigan Central Railway, which railway is parallelled on private
right-of-way to Maidstone from which point the highways are used or
parallelled through Essex, Cottam, Kingsville, Ruthven to Leamington.

SCHEDULE "B" TO THE AGREEMENT.

Column 1

Column 2

Column 3

Total

amount of

bonds to be

issued by the

Association

Name of Municipal Corporation

Total amount of debentures
to be issued by respective
municipalities for deposit
with the Association as col-
lateral security for the
Bonds of the Association

Township of Sandwich West. . . .
Township of Sandwich East ....
Township of Sandwich South . . .

Township of Maidstone

Township of Colchester North . .
Township of Gosfield North ....
Township of Gosfield South ....
Township of Mersea

$49,500 00
50,589 00
39,457 00
53,218 00
22,726 00
92,906 00

122,914 00
45,749 00

Town of Essex

72,303 00

Town of Kingsville

93,731 00

Town of Leamington

141,636 00

City of Windsor

315,271 00

$1,000,000 00

$1,100,000 00

SCHEDULE "C" TO THE AGREEMENT.

(1) Township of Sandwich West.

That portion of the Township of Sandwich West described as
follows; Commencing at the intersection of Tecumseh Road with the
Huron Church Line Road; thence northeasterly along the Township
boundary to the Town Line between the Townships of Sandwich East
and Sandwich West; thence southeasterly along the last-mentioned
Town Line to its junction with the boundaries of the Townships of
Sandwich East and Sandwich South; thence southerly along the
boundary between the Townships of Sandwich West and Sandwich
South to its kinction with Road between lots 305 and 306 in the
Township of Sandwich South; thence northwesterly to the jhnction
of the Road between concessions 4 and 5 with the Huron Church Line
Road; thence northwesterly along the Huron Church Line Road to
the point of commencement.

163

W-

(2) Township of Sandwich East.

That portion of the Township of Sandwich East bounded on the
Northwest by the Border Cities, on the Northeast by Pillette Road,
on the Southeast and Southwest by the Township Boundary.

(3) Township of Sandwich South.

That portion of the Township of Sandwich South described as
follows: Commencing at the i)unction of the boundaries of the Town-
ships of Sandwich West, Sandwich East and Sandwich South; thence
northeasterly to the eastern boundary of the Township ; thence southerly
along last-mentioned eastern boundary to the southerly boundary
of the Township; thence westerly along last-mentioned southerly
boundary to its intersection with the Pere Marquette Railway; thence
northerly along said railway in concession 7 to the northerly limit
of said concession; thence westerly along last-mentioned limit and
its production to the boundary between the Townships of Sandwich
West and Sandwich South; thence northerly along last-mentioned
boundary to the point of commencement.

(4) Township of M'aidstone.

That portion of the Township of Maidstone described as follows:
Commencing at the junction of the boundaries of the Townships of
Sandwich South, Maidstone and Colchester North; thence northerly
along the boundary between the Townships of Sandwich South and
Maidstone to the southerly limit of concession 9; thence easterly along
the southerly limit of concessions 9, 8, 7, 6 and 5 to the Rbad between
lots 12 and 13; thence southerly along last-mentioned Road to the
northerly limit of lot 24; thence easterly along last-mentioned limit
to the Road between concessions 1 and 2; thence southerly along last-
mentioned Road to the southerly boundary of the Township; thence
westerly along last-mentioned southerly boundary to the point of
commencement.

(5) Township of Colchester North.

That portion of the Township of Colchester North described as
follows: Commencing at the junction of the boundaries of the Town-
ships of Maidstone, Gosfield North and Colchester North; thence
southerly along the easterly boundary of the Township of Colchester
North to the northerly limit of concession 10; thence southwesterly
along last-mentioned northerly limit of concession 10 to the Road
between lots 25 and 26; thence northwesterly along last-mentioned
Rbad to the southeasterly limit of concession 12; thence westerly to
the junction of the Road between concessions 12 and 13 with P.oad
between lots 12 and 13; thence westerly to the jjimction of the Road
between concessions 13 and 14 with the Road between lots 8 and 9;
thence northwesterly to the northerly Township boundary at its
jipnction with the Road between concessions 9 and 10 in the Township
of Sandwich South; thence easterly along Township boundary to the
point of commencement.

(6) Township of Gosfield North.

163

Rbad to the Road between lots 18 and 19; thence southerly along
last -mentioned Road to the Township boundary; thence westerly
along Township boundary to the westerly boundary of Township;
thence northerly along last-mentioned boundary to the point of
commencement.

(7) Township of Gosfield South.

All of the Township of Gosfield South.

(8) Township of Mersea.

That portion of the Township of Mersea described as follows:
Commencing at the intersection of the westerly boundary of the
Township with the shore of Lake Erie; thence northerly along said
westerly boundary to the Road between concessions 4 and 5; thence
easterly along last-mentioned R6ad to the Road between lots 232 and
233; thence southerly along last-mentioned Road to the northwesterly
limit of concession 2; thence southwesterly along last-mentioned limit
to the northerly limit of concession 1; thence easterly along last-
mentioned limit to the Road between lots 12 and 13; thence southerly
along last-mentioned Road to the shore of Lake Erie; thence westerly
following the shore of Lake Erie to the point of commencement.

(9) Town of Essex.

All of the Town of Essex.

(10) Town of Kingsville.

All of the Town of Kingsville.

(11) Town of Leamington.

All of the Town of Leamington.

(12) City of Windsor.

All of the City of Windsor.

163

^.>^

3 2

CQ 5

oi" i-t-

s ^

o cr

0) ^

13-

^ Pi.

!3-

VO
00

Pi-

<Si.

O
-a

?r o"
CO o
o ^

>
n

p ■

o
n'

3'
re

^ ft)

W c

o
rr

r
r

*>«.

2701

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Bills, 1928, No.1-163"

See other formats