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The Chung Collection

The act of incorporation of City of Vancouver Vancouver (B.C.) 1901

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  The University of British Columbia Library
THE
CHUNG
COLLECTION
I  G.A..ROEDDE.
.^tfta- &la^c: ^ia^-:
niffi  I  Ghe Hot of
Incorporation of
t
City of Vancouver
Printed By Order of the City Couneil of Vancouver of 1900.
TRYTHALL & SON, CITY PRINTING WORKS, VANCOUVER, B. C.    p
—, _ —_ . -^
Gity o! Vancouver
1902
flDa^or
'      T. F   NEELANDS
aldermen:
Ward  I.
A: BETtJUNE                                                    W.   HLACKMORE
Wari. ii.
' J- McQUEEN"                                                       K. COOK
w™m.
C. H.  WILSQN
WM. BROWN
W. J.   .UcGUIGAlN
C. F. FOREMAN
W. H.  WOOD,
©fficials:
City  Clerk
City Treasurer
City Accountant
City Solicitor -
City Engineer-
THOS. F.   MoGUIGAN
GEO. F. BALDWIN
WM.   OOWDEROY
A.  St. G.. HAMERSLEY
THOS. H. TRACY r
§PI
MAYORS OF VANCOUVER
From the Incorporation  of the   City  in   1886  to   1902
M. A. MACLEAN 1886 and 1887
D. OPPENHEIMER 1888 to 1891
F. COPE 1892 and 1893
R. A. ANDERSON 1894
H. COLLINS ■ 1895 and 1896
W. TEMPLETON 1897
J. F. GARDEN 1898, 1899  and 1900
T. 0. TOWNLEY                                         1901
T. F. NEELANDS 1902
1 City of Vancouver
ffl>a\>or:
JAMES  F.  GARDEN
Hlbennen:
Ward I.
ROBERT GRANT H.  P.  SHAW
Ward II.
JAMES McQUEEN THOS. F. NEELANDS
Ward III.
W. J. McGUIGAN D. McPHAIDEN
Ward IV.
WILLIAM BARKER C. F. FOREMAN
Ward V.
W.  H. WOOD T.  S.  BAXTER
Officials:
City  Clerk
City Treasurer
City Accountant
City Solicitor -
City Engineer-
THOS. F.  McGUIGAN
GEO. F. BALDWIN
WM.   COWDEROY
A.  St. G.. HAMERSLEY
THOS. H. TRACY I   Vancouver Incorporation.
CHAPTER 54.
An Act to Revise and Consolidate the Vancouver
Incorporation Act.
[31st August, WOO.']
117HEREAS a petition has been presented by the Corporation of the Preamble.
' *      City of Vancouver praying that the Incorporation Act of the
said City, Chapter 22, 49 Victoria, and amendments thereto, should be
revised, consolidated and amenxled.:
And whereas it is expedient to grant the prayer of the said petition:
Therefore, Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, declares
and enacts as follows:—
1. From and after the passing of this Act the inhabitants of the Incorporation of the
tract of land as hereinafter described in the second section hereof, and City of Vancouver-
their successors, shall be, and are hereby declared to be, a body politic
and corporate in fact and in law, by the name of " The City of Vancouver," and the said Corporation by the same name shall have
perpetual succession, and shall have power to sue and to be sued,
implead and be impleaded, answer and be answered unto, in all Courts
and in all actions, causes and suits at law or in equity whatsoever,
and shall have a common seal, with power to alter and modify the
same at their will and pleasure, and shall be in law capable of receiving by donation, acquiring, holding and disposing of and conveying
any property, real or movable, for the uses of the said Corporation,
and in the management of the affairs and for the purposes of said
Corporation, of becoming parties to any contracts or agreements, of
giving or accepting any notes, bills of exchange, bonds, obligations, or
other instruments or securities for payment of, or securing the payment of, any sum of moneys borrowed or loaned, or executing  or
279 Chap. 54. Vancouver Incorporation. 64 Vict.
guaranteeing the execution of any duty, right or thing whatsover, and
for the payment, or securing the payment, of any money borrowed, or
of paying loans made, or debts owing to the said City of Vancouver,
or of taking up bonds that may become due, or of making a loan or
loans, and for any other legitimate and sufficient purpose whatsoever
in connection with the affairs of said Corporation; and for any of the
purposes aforesaid the said Corporation may grant or issue bonds for
the sum or sums of money therein to be specified under the provisions
hereinafter set forth, payable at such time and times after the granting and issuing thereof, and in such place or places in this Province,
in the Dominion of Canada, in the United States of America, in any
part of Great Britain or elsewhere, and either in currency of the
Dominion of Canada, or of sterling money of Great Britain, or the
currency of the country where the same may respectively be made
payable, as to the said Corporation may be thought advantageous or
expedient: Provided always, that the said Corporation shall not make
or give any bond, bill, note, debenture or other undertaking for the
payment of a less sum than one hundred dollars ($100), and any bond,
bill, note, debenture • or other undertaking issued in contravention of
this section shall be void: Provided always, that nothing herein contained shall be construed to authorise the said Corporation tb issue .
notes or bills of exchange payable to bearer, or to issue notes to circulate as those of a bank.
%. The said City of Vancouver shall be bounded as follows:—Commencing at low water mark on the south shore of Burrard Inlet at a
point where the easterly boundaiy of lot 184, in New Westminster
District, produced northerly would intersect said low water mark;
then southerly along said produced boundary and along said easterly
boundary of said lot, and also along the easterly boundary of lot 264a,
in said New Westminster District^to a point where it would be intersected by the southerly boundary of said lot 264a produced easterly ;
thence westerly along said produced line and along said southerly
boundary of said lot 264a to the south-westerly corner of said lot;
thence westerly along the middle of the street between blocks numbers
97 and 98 on the one side, and blocks numbers 95 and 96 on the other,
as shown in a registered plan of sub-division of lot number 301, in said
District of New Westminster; thence still westerly along the middle
of the streets between blocks numbers 54, 55 and 56 on one side and
blocks numbers 57, 58 and 59 on the other side, according to a registered plan of a sub-division of the southerly half of lot number 302, in
said New Westminster District; thence continuing due west to Campbell Street, the westerly boundary of the Government town plot on
English Bay; thence northerly along the middle line of Campbell Street
to the low water mark of said English Bay ; thence along the line of
said low water mark to False Creek; thence across the mouth of
280 th-esuuri  1900.
Vancouver Incorporation.
Chap. 54.
of commencement.  >
False Creek and along the line of low water mark in front of lot 185,
in New Westminster District, and the Go^somment Military Reserve,
to the first Narrows, and thence easterly in a straight line to the point
. Wards.
3. The Council of the City may, by by-law, divide the same into Wards,
two or more wards, and may from time to time alter such sub-divisions
and inci'ease or reduce the number of wards so as to allow the different
wards to bo equally represented in the Council on the basis of the
assessed values shown on the last revised assessment roll, and on the
basis of population : Provided, that the Council may, by by-law, at any
time in Tfcs discretion declare that the City shall be one ward, but
before such by-law shall be finally passed the Council shall submit the
same to the vote of the electors entitled to vote for Mayor, in the
same manner as to giving notice thereof and taking the vote as provided for the submission of money by-laws in section 103 of this Act,
and upon the receipt of the returns of the votes cast the City Clerk
shall add up the votes, and if it appears from such returns that the
votes cast for such by-law be three-fifths of the votes polled, the City
Clerk shall forthwith declare such by-law carried, otherwise he shall
declare it lost. In the event of such by-law being carried, the Council
shall finally pass such by-law. In the event of such by-law being
rejected the Council shall not submit a similar by-law to the electors
for one year after such rejection.
Constitution of Council.
4. There shall be elected annually a fit and proper person who shall Constitution of
be called Mayor of the City of Vancouver, and in the event of the Counci I
whole City being declared by by-law to be one ward ten fit and proper
persons who shall' be and be called Aldermen of the City; and in the
event of the City being by by-law divided into two or more wards,
one or more fit and proper persons to represent each such ward, and
the Council shall, from time to time, by by-law, fix the number of
Aldermen to represent each such ward.
(1.) Any person being in holy orders, or the minister of any religious Disqualification of
denomination whatever, or any Judge of any Court of Record of ,nen.°r M
officers of the said Courts, or officers
navy on full pay, or provincial, county
this Province, Sheriffs c
of Her Majesty's army c
or city licence commissioners, or inspectors, or the holders of
hotel, saloon or shop licences within the City, or salaried officers
of the City, or any person having any unsettled, disputed
account against or due by the City, or any person accountable
for the revenues of the City, or any officer or person presiding
at the election of Mayor or Aldermen while so employed, or
any person who shall have been convicted of treason or felony
281 Vancouver Incorporation.
64 Vict.
Shareholder i
pany contract
with City not
qualified.
Qualification of
Mayor and Alder
y
r
/
in any Court of Law within Her Majesty's dominion or elsewhere, or any person having by himself or through his partner,
or as a director in or agent for any incorporated company, any
contract whatever, or interest in any contract with or for the
City, either directly or indirectly, shall not be capable of being
elected or serving as Mayor or Alderman; but no person shall
be held to be disqualified from being elected Mayor or Alderman of the City by reason of his being a shareholder in any
incorporated company having dealings or contracts with the
City Council of the City, but no shareholder shall vote in the
Council on any question affecting such company:
(2.) No person shall be qualified to be elected Mayor or Alderman
unless such person resides within the City, or within two miles
thereof, and is a natural born or naturalized subject of Her
Majesty, and a male of the full age of twenty-one j'jears, and is
not disqualified under this Act, and has been for one month I
next preceding the day of nomination the registered owner in
fee simple in the Land Registry Office of real property within
the City limits of the assessed value over and above all charges,
liens and encumbrances affecting the same, in the case of Mayor
of one thousand dollars ($1,000.00), and in the case of an Alder-
maBftb^the value of five hundred dollars ($500.00), all of which
shall, in the case of an Alderman, be in the ward for which he
is nominated, or the registered otjner for three months preceding the day of nomination of leasehold property for a term of
three years to the assessed value of three thousand dollars, the
whole of which must be situate in the ward for which such
Alderman is a candidate, and which lease must extend over the
whole term of his office, and being otherwise qualified as a
s voter.    In the case where two or more persons are registered
owners as joint tenants or tenants in common of real property
the value of the share or interest in the case of Mayor must be
over and above all encumbrances one thousand dollars, and in
the case of Alderman five hundred dollars.
Electors.
5. The persons qualified to vote at elections for Mayor and Aldermen shall be as .follows:—
Every male.and femme sole of the full age of twenty-one years shall
be entitled, if-not disqualified under this Act, to vote at any municipal
election for said City if such person—
(1.) Is entered on the voters' list as the owner of real property held
in his or her own right, er, krtfnrcaoo oi-a rearrTctJ-Wrrrrrerd
<by-hi3-wif», within the limits .oflhe City:
(2.) Is entered on the voters' list asAtenant of any real property
within the City of the assessed value of three hundred dollars,
282   Vancouver Incorporation.
Chap. .54.
and who was such tenant at the time of the final revision of
said voters' list used at the election, and on the day of the
election: Provided, that a change of tenancy between the final
revision of said voters' list and the day of the election shall not
deprive the tenant of the right to vote, if such change is without any intermission of time, and the several tenancies are such
as would entitle the tenant to vote had such tenant been in
possession under either of them as such tenant between the
times  aforesaid:   Provided, that  the words   "tenant  of real Boarders, lodger
property" shall not include lodgers, boarders, or temporary pants^aynot v
occupants of rooms in any building: Provided, also, that notwithstanding anything herein contained, no married man shall Married man wl
be entitled to a vote as tenant by reason of his being a tenant notvote.1SWI e'
or occupier of real property owned by his wife:
(3.) No person shall be entitled to vote at any election unless he or Who entitled to
she is one of the persons named or intended to be named in the
proper list of voters, and no question of qualification shall be
raised at any election, except to ascertain whether the person
tendering his or her vote is the person intended to be designated
in the list of voters:
m to be Onlyc
to have eac
(4.) Nothing in this clause shall be held to entitle any pe;
entered twice on the voters' list in any one ward, c
more than one vote for Aldermen, or for any money by-law in
any such ward:
(5.) No person shall be entitled to vote more than once for Mayor.     ,,
6. Where real property is leased, rented or occupied ju'u^j^ by two Where joint owner -
or more persons, and is assessed at an'amount sufficient, if equally g0nPmay qualify.^
divided between them, to give a qualification to each, then each shall
be entitled to be entered on the voters' list and vote in respect of such
qualification, otherwise no one shall be entitled to vote in respect of
such property. ;
H. No Chinaman, Japanese or Indian shall be entitled to vote at No Chinese, Japan-
any municipal election for the election of Mayor or Aldermen.
Elections.
8. A meeting of the electors of the City shall take place for the Elector
nomination of candidates for the office of Mayor of the City on the first Nomim
Thursday of the month of January, annually, at eleven o'clock in the
forenoon, in the City Hall, or such other place as the Council shall by
by-law appoint, and for nomination for the candidates for office of
Aldermen for each ward, on the same day and at the same place, at
the hour of twelve noon.   The Clerk of the said City shall be Returning clerk t
Officer of the City, to preside at such meeting, and in case of his absence
or inability to attend, the Council shall appoint a person as Returning
283
ir Indian tc 54. Ya
64 Vi
Officer in his place; and if the Clerk or person so appointed does not
attend at the hour for holding such meeting, the electors present shall
appoint a Returning Officer from among themselvea
.ination     (1.) No nomination for Mayor shall be received after the hour of
IAlder' twelve o'clock, noon, of the said day; and no nomination for
Alderman shall be received after one o'clock on the afternoon
of the said day.
ination (2.) The City Clerk shall give notice of such meeting to the electors
for the nomination of candidates for Mayor or Aldermen by
advertisement, for at least two weeks, in a newspaper published
or circulating in the-City, and at least six posters posted in each
ward in said City.
ndpro- 9. The nomination of each candidate shall be in writing, and be
lent signed by the proposer and seconder, who shall be, in case of Aldermen,
duly qualified electors of and resident in the ward of the City for which
the candidate is nominated, and, in case of Mayor, duly qualified
electors of and resident in any ward of the City; and such nomination
shall contain a statement, signed by the person nominated, that he
consents to such nomination. If no more than the required number
for any particular office be nominated, the Returning Officer shall,
after the lap^ejrf one hour from the time fixed for holding the meeting,
declare such candidate or candidates duly elected for such office or
offices. Should more than the requisite number be nominated for any
particular office, the Returning Officer shall adjourn the proceedings
for filling such offices until the second Thursday in January, when the
poll or polls shall be opened in each ward, or polling sub-divisions, at
such place or places respectively as may be fixed by the by-law of the
Council for the election, at nine o'clock in the forenoon of the same
day, and shall continue open until seven o'clock in the afternoon of the
same day and no longer.
deliver     10. A candidate for Mayor or Alderman shall, at the time of his
tim0rof nomination, deliver to the Returning Officer a certificate signed by the
District Registrar of Titles that he is the registered owner or registered
leaseholder of land in the City of Vancouver, and such certificate shall
t the description of the land and the registered encumbrances and
he same, and shall also deliver to the Returning Officer
,y setting out the assessed
.X £
3d by the Treasurer of   1900.
Vancouver Incorporate
Chap. 54.
in such wards, and in the event of no such Deputy Returning Officers
being appointed, the Clerk of the City shall^»ppoint Deputy Returning
Officers for holding the election in conformity with this Act.
(1.) In case at the time appointed for holding an election the person The absence of th
appointed to be Deputy Returning Officer has died, or does not officer provided for
attend to hold the election within one hour after the time
appointed, or in case no Deputy Returning Officer has been
appointed, the electors present at the place for  holding the
election may choose for themselves a Deputy Returning Officer,
who shall forthwith proceed to hold the election and perform
all the other duties of a Depiity Returning Officer, and in all
cases the Returning Officer shall administer the necessary oath
of office to the Deputy Returning Officers, which shall be in
the following form:—"I, A. B., do solemnly promise and declare
that I will truly, faithfully and impartially, to the best of my
knowledge and ability, execute the office of Deputy Returning
Officer, to which I have been appointed in this City of Vancouver, and that I have not received and will not receive any
payment or reward, or promise of such, for the exercise of any
partiality or malversation or other undue execution of the said
office, and that I have not by myself or partner, either directly
or indirectly,, any interest in any contract with or on behalf of
the said Corporation,"
(2.) The Returning Officer and Deputy Returning Officers, however Returning Officer
appointed as aforesaid, shall, during the election, act as con- ;ng officers to be
servators of the peace for the City, and they or any Justice of conservators of the
the Peace having jurisdiction in the City, may cause to be
arrested,   and   may  summarily  try  and  punish,  by  fine  or Their powers,
imprisonment, or bind over to keep the peace, or for trial, any
riotous or disorderly person who assaults, beats, molests, or
threatens any voter coming to, remaining at, or going from the
election, and, when thereto required, all constables and persons
at  the  election  shall  assist  the   Returning  Officer,  Deputy
Returning Officers, or Justice of the Peace, under penalty of
fifty dollars in case of refusal, or in default of payment to be
imprisoned for a period not exceeding thirty days.
(3.) Every Returning Officer, Deputy Returning Officer, or Justice Special constables
of the Peace, may appoint and swear in any number of special ^
constables to assist in the preservation of the peace and of order
at the election; and any person liable to serve as constable, and
required to be sworn in as special constable by the Returning
Officer, Deputy Returning Officer, or Justice of the Peace shall,
if he refuses to be sworn or to serve, be liable to a penalty of
twenty dollars, to be recovered to the use of any one who will
sue therefor.
285
I may be s' Proceedings at elec-
Returning Officer to
provide ballot boxes,
list of candidates
and voters' lists for
Deputy Returning
Officers.
Election not com
menced, or inter
rupted by riot, et
to be resumed.
Form of oath.
3hap. 54. Vancouver Incorporation. 64 Vict.
13. The proceedings at elections shall be as follows:—
(I.) The Returning Officer shall, before the poll is opened, deliver
to the Deputy Returning Officer for each ward or polling subdivision, a ballot box, and a copy answering to the form in the
Schedule of this Act, certified to be a correct copy of the voters'
list of the ward, and also a list of the candidates for the office
of Mayor, and of the candidates for the office of Aldermen for
such ward, together with a sufficient number of ballots for
Alderman and for Mayor, or either as required:
(2.) The Returning Officer shall deliver with such voters' list his
solemn declaration, under oath, that the said voters' list is a
true copy and correct list, containing the names of all persons
entitled to vote at said election in respect to being duly qualified by appearing on the last revised voters' list of the said City
or ward :
(3.) Every Deputy Returning Officer shall nominate and appoint,
in writing, one or more clerks, to act for him in the election, to
whom he shall administer the oath of office:
(4.) Every Deputy Returning Officer, except in cases provided for
mvsub-section (1) of section 12 of this Act, shall commence every
election at nine o'clock in the forenoon, and close the same at
the hour of seven o'clock in the afternoon of the same day:
(5.) Every Returning or Deputy Returning Officer shall administer
all oaths and affirmations necessary at an election :
(6.) In case, by reason of riot or other emergency, an election is not
commenced on the proper day, or is interrupted after being
commenced, and before the lawful closing thereof, the Returning
Officer shall hold or resume the election on the following day
at the hour of nine o'clock in the forenoon, and continue the
same from day to day, if necessary, until the poll has been
opened without interruption and with free access to voters for
ten hours in all, in order that all the electors so inclined may
have an opportunity to vote:
(7.) At an election of Mayor and Aldermen a voter before marking
his ballot paper, if so required by any candidate or his agent,
or any elector, shall state his or her occupation and residence
to the Deputy Returning Officer, or, if so required, shall take
the following oath (or affirmation):—
"I, A. B., do swear (or affirm) that I am of the full age of
twenty-one years, that I am the person whose name is on the
voters' lists now shown to me ; that I have not voted before at
this election in this ward or for a candidate for Mayor (if the
voter proposes to vote for a candidate for the mayoralty); that
I have not received anything, directly or indirectly, nor have I
286   Vancouver Incorporation.
Chap. 54.
i lot boxes to be used
accepted any promise made to me directly or indirectly, either
to induce me to vote at this election <jr to indemnify me for loss
of time, travelling expenses, hire of vehicle, or any other service
connected with this election; that I have not been guilty of
any act of bribery or undue influence as defined by this Act, or
any act of corruption, disqualifying me from voting at this
election, and that I am properly qualified to vote at this election.    So help me God."
(8.) The Council of the City shall provide a ballot-box for each Construction of bal-
polling sub-division, which shall be provided with a lock and '
key and have an opening through the lid of sufficient size to
_admit a single folded ballot and no more, and the said boxes
shall be kept by the City Clerk for the uses of the said City
only, and shall be given out by him to the several Deputy
Returning Officers for use in electoral purposes', and it shall be
the duty of the Deputy Returning Officer for each polling subdivision forthwith after any election to return the same to the
City Clerk or other Returning Officer:
(9.) The Deputy Returning Officer for each polling sub-division Deputy Returning
shall upon the opening of the poll, open the ballot-box in pres- empty and lock it.
ence of the candidates (if present) and. their agents, or other
persons present, and shall turn it upside down so as to show it
is empty, and then lock the box, and the key thereof shall be
kept by him, and the said box shall not be re-opened until the
close of the poll, for the purpose of counting the ballots therein:
(10.) Every elector shall vote by ballot: Votes to be by
(11.) It shall be the duty of the Returning Officer, forthwith after Form of ballot paper
the nominations are held  for the offices of Aldermen in the  or      ermen- 9 •
various wards in the City, to cause to be printed ballots for each
separate ward in which there shall be an election for Aldermen,
which ballots shall have printed upon them in large letters at
the top the number of the ward and thereafter the names of
the candidates for the office of Alderman for that ward, and
their occupation and calling, which names shall be in alphabetical order, and deliver sufficient of the same to each Deputy
Returning Officer for each polling su*b-division:
' (12.) In case an election for Mayor is required, the Clerk, or other Form of ballot paper
Returning Officer, shall cause ballots to be printed which shall ayor"
have printed upon them at the top " City of Vancouver," and
thereafter printed in large letters the names of the candidates
for the office of Mayor, which names shall be in alphabetical
order, and deliver sufficient of the same to the Deputy Returning Officers for each polling sub-division :
(13.) The ballot papers for Mayor shall be printed on pink or red Colour of paper,
paper, and those for Aldermen on white paper, and there shall
287 1
Vancouver Incorporation.
64 Vict.
Deputy Returning
Proceedings in case
ballot paper cannot
be used.
be a margin on the right-hand side of each ballot, after the
name,-sufficient for the mark of the voter, and the names shall
be printed closely to the left-hand margin:
(14.) The Deputy Returning Officer shall provide a private room
or stall, with desk and pencil, where a voter shall retire to mark
his ballot:
(15.) The Deputy Returning Officer, or Clerk to be appointed by
him, shall put his initials on the back of each ballot when one
is asked for by a voter, and shall mark on the voters' list a
mark to indicate that a ballot has been given out. No voter
shall be given more than one ballot paper for Mayor and one
for Aldermen:
(16.) The voter shall at once, upon receiving his ballot paper or
papers, retire to the room or stall provided for the purpose and
mark his ballot or ballots by putting a cross on the right-hand
side of the name of the candidate for whom he wishes to vote,
and shall at once fold the same so as to conceal the name or
names of the candidate or candidates for whom he has marked
his ballot, and return the same to the Deputy Returning Officer,
or-Clerk appointed by him, in the presence of the scrutineer or
scrutineers^agent or agents of the candidates, who shall, without opening the said paper or papers, or permitting the same to
be opened or examined, deposit the same in the ballot-box, and
the Deputy Returning Officer's Clerk shall thereupon write
down the name of the person whose ballot paper has been
deposited in the said ballot-box in a separate list provided for
that purpose, and the said Clerk shall sign and subscribe his
name to each list and return the same to the Deputy Returning
Officer at the close of the poll:
(17.) The Deputy Returning Officer, when any ballot paper or papers
are required, shall pronounce, in an audible voice, the name of
the person requiring a ballot or ballots, and if the name of such
person is found on the voters' list of the said ward used at such
election, the said Returning' Officer, if the said voter is not
• required to take the oath or to state his or her residence or
occupation, or if required to take the oath or make such statement, duly takes or states the same as required, shall deliver a
ballot or ballots for the office of Mayor or Alderman, or either,
as the case may be :
(18.) A voter who has inadvertently dealt with the ballot paper or
papers given to him, in such a manner that either or both cannot be conveniently used, may, on delivering the same to the
Deputy Returning Officer, obtain another or others in the place
of that or those so delivered up:
288   Vancouver Incorporation.
Chap. 54.
(19.) Immediately after the close of the poll the Deputy Returning Officer shall, in the presence of the Clejjt and the candidates
or their agents, and if the candidates and their agents are
absent, then in the presence of at least three electors, open the
ballot-box and proceed to count the number of votes given for
each candidate. In so doing he shall reject all ballot papers
which are not similar to those supplied by the Returning Officer;
all those by which the votes have been given for more candidates than are to be elected ; and finally, all those upon which
there is any writing or mark by which the voter could be
identified:
(20.) The other ballot papers being counted and a list kept of the
number of votes given for each candidate, and of the number
of rejected ballot papers, all the accepted ballot papers shall be
put into a separate envelope or parcel, and those' rejected shall
also be put into a different envelope or parcel, and all these
parcels being endorsed so as to indicate their contents, shall be
put back into the ballot-box:
(21.) The Deputy Returning Officer shall take a note of any objections made by any candidate, his agent, or any elector present,
to any ballot paper found in the ballot-box, and shall decide
any question arising out of the objection, and the decision of
such Deputy Returning Officer shall be final, subject only to
reversal on petition questioning the election or return. Each
objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper and
initialed by the Deputy Returning Officer:
(22.) The Deputy Returning Officer shall make out a statement of
the accepted ballot papers; of the number of votes given to
each eondidate; of the rejected ballot papers; of the spoiled
and returned ballot papers, and of those unused and returned
by him; and he shall make and keep by him a copy of such
statements, and enclose in the ballot-box the original statements,
together with the voters' list and a certified statement, at the
foot of each list, of the total number of electors who voted on
eaeh such list, and such other lists and documents as may have
been used at such election. The ballot-box shall be locked and
sealed, and shall be delivered to the Returning Officer:
(23.) Upon receiving the ballot boxes from the several Deputy
Returning Officers, the Returning Officer shall add together
the number of votes cast for the various candidates for Mayor,
and shall forthwith declare the candidate having the highest
number of votes to be Mayor of said City, and shall also forthwith declare the candidates from each ward, who shall appear
by such returns to have the highest number of votes, elected
289
Disposal of ballot
pagers after count.
Deputy Returning
Officer to note objections taken to
ballot papers at the
and number both.
Returning Officer to
add up votes and de-
rAarc lyho is elected. Chap. 54.
Vancouver Incorporation.
64 Vict.
Mayor, Returning
Officer to have casting vote.
Alderman, Returning Officer to have
casting vote.
When ballot papers
may be inspected.
Recount may be
ordered by a Judge
of Supreme Court.
Proceedings i:
of incapacity t<
paper.
for such wards respectively; and in case two or more candidates
for the office of Mayor have received an equal number of votes,
then the Returning Officer-shall vote for one thereof, and forthwith declare such one elected :
(24.) In case two or more candidates for Alderman have an equal
number of votes, the Returning Officer, whether otherwise
qualified or not, shall give a vote for one or more of such candidates so as to decide the election:
(25.) In case no returns be made for one or more wards, in consequence
of non-election owing to interruption by riot or other cause,
the members of the Council duly elected being at least a
majority of the whole number of the Council when full, shall
elect one of the Aldermen to be presiding officer, who shall act
as Mayor, and who shall take necessary declarations and possess
all the powers of Mayor until a poll for each ward or wards has
been held:
(26.) No person shall be allowed to inspect any rejected ballot papers^
in the custody of the Returning Officer, except under the order
of a Judge of the Supreme Court of British Columbia, such
order to be granted by such Court or Judge on being satisfied
by evidence on oath that the inspection or production of such
ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers,
or for the purpose of a petition questioning an election or
return; and any such order for the inspection or production of
such ballot papers may be made, subject to such conditions as
to persons, time, place, and mode of inspection and production
as the Court or Judge making the same may think expedient,
and shall be obeyed by the Returning Officer:
(27.) Upon an affidavit being filed and petition presented by an
elector, any Judge of the Supreme Court of British Columbia
shall have power to and shall direct a recount of the ballots for
Mayor or Alderman, and shall direct the City Clerk to produce
all the ballot papers before him, and he shall recount the same
and decide as to the proper number of ballots cast for each
candidate, and declare the result of such count; and his
declaration as to such recount shall be final, subject to the
election being contested as hereafter provided. Such recount
must be made within ten days after the declaration of the City
Clerk or other Returning Officer. A fee of twenty dollars shall
be paid by the applicant to the District Registrar of the Supreme
Court at Vancouver upon filing the affidavit and petition asking
for the recount:
(28.) The Deputy Return
who is unable to rea
290
y Officer on the application of any voter
or incapacitated by blindness or other   ouver Incorporation
Cha
54.
physical cause from voting in the manner prescribed by this
Act, shall assist such voter, by marking his ballot paper in the
manner directed by such voter, in the presence of the agents of
the candidates, and of no other person, and by placing such
ballot paper in the ballot-box;   and the Deputy   Returning
Officer shall cause a list to be kept of the names of the voters
whose ballot papers have been so marked, in pursuance of this
section, with the reason why each ballot paper was so marked.
And whenever the Deputy Returning Officer shall not understand the language spoken by an elector claiming to vote, he
shall swear an interpreter, who shall be the means of communication between him and such  elector  with  reference to all
matters required to^enable such elector to vote:
(29.) Every Returning Officer, Deputy Returning Officer or Clerk Money penalty for
who is guilty of any wilful malfeasance, or any wilful act or offences-
omission in contravention of the election clause of this Act,
shall forfeit to any person aggrieved by such malfeasance, act
or omission, a penal sum not exceeding five hundred dollars, in
addition to the amount of all actual damages thereby occasioned
to such person:
(30.) In addition to the Deputy Returning Officer and the Poll Who may be present
Clerk, the candidates or their agents (not exceeding two in at polling plaoe"
number for each candidate for Mayor, and one for each candidate for Alderman), and in the absence of agents,.two electors
to represent each candidate  for  Mayor, and  one  elector  to
represent each candidate for Alderman, by the request of such
electors or elector, and no other shall be permitted to remain in
the room where the votes are given during the whole of the
time the poll remains open:
(31.) No person shall loiter or remain in the vicinity of the room or Loitering near poll-
place where the votes are taken, or within fifty pace's thereof, ing station-
and in the event of any person so remaining after having been
requested by a police constable to move away shall be liable to
a penalty not exceeding twenty dollars, or in default of payment imprisonment for a term not exceeding ten days, on
conviction before any Justice of the Peace.
(32.) Any person producing to the Returning Officer or Deputy Agent of candidates.
Returning Officer at any  time a written authority  from  a
candidate to represent him at the election, or any proceedings
of the election, shall be deemed an agent of such candidate
within the meaning of this Act:
(33.) The agents of each candidate, and in the absence of any agent Oath of agent or
of any candidate, the electors or elector, representing such can- representative,
didate, if there be such elector or electors, on being admitted
to the polling station, shall take the following oath (or affirma-
t 291 Chap. 54.
Vancouver Incorporation.
64 Vict.
Clerk to retain bal-
and shall then
destroy them.
Deputy Returning
Officer to include
Returning Officer.
No business to be
transacted until declarations filed.
Form of declaration
by Mayor and Alder-
tion): "I do solemnly swear (or affirm) that I will keep secret
the name, or names of the candidate, or candidates, for which
any of the voters may have marked his ballot paper in my
presence at this election.    So help me God."
(34.) The City Clerk shall retain for two months all ballot papers
received by him in pursuance of the said Act and amending
Acts, and then, unless otherwise ordered by a Judge of the
Supreme Court of British Columbia, shall cause them to be
destroyed in the presence of two witnesses, whose declaration
that they have witnessed the destruction of such papers shall
be taken before the Mayor and filed amongst the records of the
City by the.City Clerk:
(35.) Wherever the words "Deputy Returning Officer" occur in this
section they .shall be deemed to include the Returning Officer.
14. The members of the Council shall hold their first meeting at 12
o'clock noon of the first Monday after the second Thursday in January
on which they are elected.
15. The Mayor elect shall make and subscribe the necessary
declarations of office and qualifications on or before the day appointed
for the firsf>meeting of the Council before the Police Magistrate, City
Clerk, or a Justice of the Peace having jurisdiction in said City, and .
shall afterwards administer the necessary declarations to the other
members of the Council; but in case of the absence of the Mayor the
declarations of office of the Aldermen may be taken before the Clerk
of the City or Police Magistrate, or before any such Justice of the
Peace, and the Mayor may afterwards make his declaration of office
and qualification.
(1.) No other business shall be proceeded with at the said meeting
until the said declarations shall have been made and filed by
the members present:
(2.) The declaration of office made by said Mayor and Aldermen-
shall be substantially as follows:—
" I, A. B., Mayor, or Alderman elect for Ward , do declare
that I am a British subject, possessing the qualifications by law
required, and that I am not in any way disqualified from
holding the office of Mayor or Alderman for the City of Vancouver, and I have not nor will I have while holding office, any
interest, directly or indirectly, in any contract or services connected with the said Corporation except as provided in this Act.
I have not by myself or any other person knowingly employed
any bribery, corruption, or intimidation to gain my election,
and I will faithfully perform the duties of my office, and will
not allow any private interest to influence my conduct in public
matters.    So help me God."   Vancouver Incorporation.
Chap. 54.
(3.) Such declarations shall be in writing, and shall be filed in the Declaration to be
office of the City Clerk and be by him retained. S^ °ity
16. If any person who is disqualified in or who shall be declared Election of disquali-
incapable of being elected a member of the Council, is nevertheless vofdperson DUU *"*
elected and returned as a member, his election and return shall be null
and void; and if any person acts, sits, or votes as Mayor or Alderman,
who is disqualified, or who after his election becomes so disqualified,
he shall incur a penalty of fifty dollars for each time he shall so act, Penalty for disquali-
sit or vote; and the party so disqualified shall, in the discretion of the J£ .^SiS?*'
Court, be liable to pay the costs of any suit or action brought for Alderman.
the recovery of the same in any of  Her Majesty's Courts in  the
Province having competent jurisdiction.
17. If the Mayor or any of the Aldermen, or any person on his or Mayor or Aldermen
enter into or obtain any interest, directly or indirectly, in any con- fied *rom contmumg
tract entered into by or with the Corporation, such Mayor or Alderman
having any interest in any contract, or having become disqualified as
aforesaid, shall  immediately be  disqualified "from continuing to  be
Mayor or Alderman, as the case may be, and the contract in question Such contracts null
shall be null and void. and voi<L
18. If any Mayor or Alderman who is disqualified for the reason Penalty for Mayor or
mentioned in the preceding section of this Act, shall vote at any meet- gander section'"
ing of the Council, such Mayor or Alderman shall forfeit to the City a 17> voting.
sum of two thousand five hundred dollars; and the said sum may be
recovered by action, to be brought in any Court of competent jurisdiction, in the name of the Corporation or of any ratepayer, and the Who may sue.
City shall pay the costs of suit of  any ratepayer  recovering  such
penalty.
19. In case a member of the Council during his term of office ceases Seats to become va-
to be the owner of the freehold or leasehold property qualification as erty^ualSloCby
provided by sub-section (2) of section 4 of this Act, or be convicted of ™me> insolvency,
. absence, etc.
felony, or any infamous crime, or be declared  a  bankrupt, or  be
charged in execution for debt and remains in close custody or upon
gaol limits for one month, or applies for relief as an insolvent debtor,
or assigns his property for the benefit of creditors, or becomes disqualified from continuing to be Mayor or Alderman from any cause whatsoever, or in case any member of the Council absents himself from the
meetings of the Council for one month, or from the meetings of any
committee of which he may be a member for four consecutive regular
meetings, without having been previously excused from such attendance by a resolution of the Council, entered in its minutes, his seat in
the Council shall thereupon become vacant and such member shall be
disqualified from sitting at and voting at the Council, and the Council
shall forthwith declare the seat vacant and order a new election.
293 Chap. 54.
Vancouver Incorporation.
64 Vict.
New elections  pro-       2 1
vided for, and
of conducting
Mayor or Alderman 20. In the event of a Mayor or Alderman forfeiting his seat at the
comi^disquaMed^ Council or his right thereto or becoming disqualified to hold his seat,
to resign. or 0f j-jjg geat becoming vacant by disqualification or otherwise, he shall
forthwith resign his seat, and in the event of his omitting to do so
within ten days thereafter proceedings maybe taken to unseat such
members as provided by section 22 and its sub-sections, and the said
sections shall, for the purposes of such proceedings, apply to any such
forfeiture, disqualification or vacancy, and the procedure prescribed by
the said sections shall be adapted to such cases.
In any case provided for by the next preceding section of this
.. Act, or in case a person elected to the Council neglects or refuses to
accept the office within four weeks after the time he should assume
office, or to make the necessary declaration of office, or in case a
vacancy occur in the Council caused by death, judicial decision or otherwise, the head of the Council for the time being, or in case of his
absence or his office being vacant, the Clerk, or in the case of the like
absence or vacancy in the office of Clerk, the acting Mayor or head of
the Council or acting Clerk shall "forthwith, by warrant under the
signature of such head of Council, Clerk, acting Mayor, head of the
Council, or acting Clerk, and under the corporate seal, require the
Returning Officer appointed to hold the last election for the City, or
any other person duly appointed to that office, or in case of the death
or absence of such person, then any Deputy Returning Officer at the
last election, to hold a new election to fill the place of the person
neglecting or refusing, as aforesaid, or to fill the vacancy.
(1.) Every Mayor or Alderman so elected to replace another shall
remain in office for the remainder of the time for which his predecessor had been elected, and no longer :
(2.) The Returning Officers and Deputy Returning Officers shall
hold the new election at furthest twenty-five days after receiving the warrant, and the Clerk shall appoint a day and place
for the nomination of candidates, and the election shall in respect
to notices and other matters be conducted in the same manner
as the annual election.
Controverted Elections and Disqualifications.
i 22. If the election of the Mayor, or of one or more of the Aldermen,
or the qualification of any Mayor or Alderman, or his right to sit
and vote be contested, such contestation shall be decided by any Judge
of the Supreme Court of British Columbia, sitting in Vancouver, and
the decision of said Judge shall be final.
(1.) Every such election, or right to retain the seat, may be contested
by any unsuccessful candidate, or by any five electors qualified
to vote at such election:
294   Ya
couver In
54.
(2.) The said contestation shall be brought before  the Judge, by Petition to l
petition, signed by the petitioner or petitioners, setting forth
in clear manner the grounds of such contestation:
(3.) If a Judge is of opinion that the grounds set forth in the peti- Evidence in
tion are sufficient in law to avoid the election, or to disqualify ordered1011 ^
the person from sitting and voting in the Council, he shall order
proof to be adduced and the parties interested to be heard on the
nearest day which he deems expedient, and shall proceed in a
summary manner to hear and try the said contestation.    The
evidence shall be given in the same manner as evidence in any
ordinary civil cause, and if the trial of such contestation is not
concluded at the close of the sitting at which it began, the Judge
may continue the same from day to day until he has pronounced
his final judgment upon the merits of the same; and every such
judgment pronounced, and all proceedings had in any such case,
shall have the same effect as if the same had been pronounced
or had in open Court:
(4.) A true copy of the petition, with a notice stating the day on Petition and
which the petition will be presented to the Judge, shall be first ^wn^ ele
duly served upon the Mayor or Alderman whose election or objected to.
seat is contested, at least eight days before the day on which
the petition is presented to said Judge, and a return of  the
service shall be drawn up and signed in due form upon the
original of the petition by the person who made the service;
but no petition contesting an election shall be received after
one month after the election thereby contested (except in cases
where the right to sit is contested by reason of the Mayor or
Alderman having become disqualified during  their  terms  of
office); nor shall any such petition be received unless security
for costs, to be approved by said Judge, shall be given by said
petitioner or petitioners:
(5.) The Judge may on such contestation confirm  the election or Powers of Juc
declare the same to be null and void, or declare another person to tnaL
have been duly elected, or declare the seat to be vacant, and
may in any such cases award costs to or against any party,
which costs shall be taxed and allowed in the Supreme Court Costs,
of the Province, and shall be recoverable by execution issued
out of the said Court by order of said Judge :
(6.) If any defect or irregularities in the formalities prescribed for Immaterial in
the election are set forth in such petition as a ground of contes- lantles> etc-
tation the Judge may admit or reject the objections according
as such defect or irregularity may or may not have materially
affected the election:
(7.) In case the election complai
person disqualified, the Jud,
i of be adjudged invalid, or the
shall forthwith by writ cause the
295
judgment:
by new el Vancouver Incorporation.
64 Vict.
person found not to be elected, or found to have become disqualified, to be removed, and in case the Judge determines that
any other person was duly elected, the Judge shall forthwith
order a writ to issue causing such other person to be admitted
to such office; and in case the Judge determines that no other
person was duly elected instead of the person removed the
Judge shall, by a writ addressed to the City Clerk, cause a new
election to be held and the same formalities shall be observed
at such election as are required to be observed at every general
election under this Act:
3.) In case the election of all or any of the members of the Council
be adjudged invalid, the writ for their removal and for the
election of new members in their place, or for the admission of
others adjudged legally elected, shall be directed to the City
Clerk, who shall have all the powers for causing an election to
be held which the Council has in order to supply vacancies
therein.
Vote of person guilty 23. Upon the trial of any petition against the election of a Mayor
to °be struck* off^at or Alderman, or against any by-law voted upon by the ratepayers
trial- under this Act, there shall be struck off from the number of votes
given for any candidate, or for or against such by-law, one vote for
each person who shall have been proved to have voted after having
been guilty of a corrupt practice at the instigation of the candidate or
one of his agents, or any person acting in the name of or in the interest
of such candidate, or acting for or against such by-law, as the case may
be.
24. Where in an application in the nature of a quo warranto, or
upon any such petition, or upon application to quash any by-law, any
question is raised as to whether the candidate, or any voter or other
person has been guilty of any violation of section 28 of this Act,
affidavit evidence shall not be used to prove the offence, but it shall be
Evidence to be viva proved by viva voce evidence taken before any Judge of the Supreme
Court, or by an examination upon an appointment granted by such
Judge as in cases pending in any such Court.
Judge to report per- 25. It shall be the duty of the Judge who finds any candidate
section 28. guilty of a contravention of section 28, or who condemns any person
to pay any sum within the section, to report the case forthwith to the
City Clerk to enter City Clerk. The City Clerk shall duly enter in a book to be kept for
adjudged^guiltyrf tne purpose, the names of all persons who shall have been adjudged
offence. guilty of any offence as aforesaid, and of which he shall be notified by
the Judge as aforesaid.
affidavit evidence
not to be used to
prove corrupt
practices.
Enforcing attendance of witnesses.
20. Any witness shall be bound to attend before any Judge upon
being served with the order of such Judge, or a subpoena issued by
296   1900- Vancouver Incorporation. Chap. 54.
the Court, directing his attendance, and upon payment of the necessary
fees for such attendance, in the same manner as if he had been directed
by a writ of subpoena in an ordinary cause to attend, and he may be
punished for contempt, and shall be liable to all the penalties for non-
attendance as if he had been served with a subpoena in an ordinary
cause to attend.
27. No person shall be excused from answering any question put No person excused
to him in any action, suit or other proceeding, or before any Judge, tendin^V to8incrim°Ce
touching or concerning any election or the voting upon any by-law, ate such person.
or the conduct of any person thereat, or in relation thereto, on the
ground of any privilege, or on the ground that the answer to such
question will tend to criminate such person; but no person claiming to
be excused on the ground of privilege, or on the ground that such
answer will subject him to any penalty under this Act, shall be used
in any proceeding under this Act against any such person, if the Judge
gives to such witness a certificate that he claimed the right to be
excused on either of the grounds aforesaid, and made full and true
answer to the satisfaction of the Judge.
Corrupt Practices.
28. The following persons shall be deemed guilty of corrupt prac- Certain persons to be
tices, and shall be liable to be punished as hereafter provided:— r^t^rEes0^0^
(1.) Every person who, directly or indirectly, by himself or by any Giving money to
other person on his behalf, gives, lends or agrees to give or lend, voters> etc-
or offers, or promises any money or valuable consideration, or
gives or procures, or agrees to give or procure, or offers or Procuring office
promises any office, place or employment to or for any voter, for voters> etc- * *
or to or for any person on behalf of any voter, or to or for any
person in order to induce any elector to vote or refrain from
voting at a municipal election or upon any by-law for raising
any money or creating a debt upon the City for any purposes
whatsoever, or who corruptly does any act as aforesaid on
account of such voter having voted or refrained from voting at
any such municipal election or upon any such by-law:
(2.) Every person who directly by himself or by any other person Influencing voters.
on his behalf, makes any gift, loan or offer, promise or agreement as aforesaid, to or for any person, in order to induce such
person to procure or endeavour to procure the return of any
person to serve in any Municipal Council, or to procure or
prevent the passing of any such by-law as aforesaid, or the
vote of any voter at any municipal election for or against such
by-law:
(3.) Every person who by reason of any such gift, loan, offer, promise Corruptly influen-
or agreement, procures or engages, promises or endeavours to cmg voters-
297 Vancouver Incorporation.
64 Vict.
Voter receiving
money, etc., for vot
or agreeing for
Persons using vio
lence or intimidation
to be guilty of undue
influence.
guilty of ti
procure the return of any person in any municipal election, or
to procure or prevent the passing of any such by-law as aforesaid, or the vote of any voter at any municipal election for or
against such by-law:
(4.) Every person who advances or pays, or causes to be paid any
money to or for the use of any other person, with the intention
that such money or any part thereof shall be expended in bribery
at any municipal election as aforesaid, or who knowingly pays,
or causes to be paid, any money to any person in discharge or
repayment of any money wholly or in part expended in bribery
at any such election, or at the voting upon any such by-law:
(5.) Every voter who, before or during any municipal election, or
the voting on any such by-law, directly or indirectly, by himself
or any other person, on his behalf receives, agrees or contracts
for any money, gift, loan, or valuable consideration, office, place
or employment for himself or any person, for voting or agreeing
to vote, or refraining, or agreeing to refrain, from any voting
at any such election or upon any such by-law:
(6.) Every person who after any such election, or the voting upon
any such by-law, directly or indirectly, by himself or any other
person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained
from voting at any such election or upon any such by-law:
(7.) Every person who, directly or indirectly, by himself or by any
other person on his behalf, makes use of any force, violence, or
restraint, or inflicts, or threatens the infliction, by himself or by
or through any other person, of any injury, damage or loss, or
in any manner practices intimidation upon or against any person
in order to induce or compel such person to vote or refrain from
voting at a municipal election or at the voting upon any bylaw, or on account of such person having voted or refrained
from voting thereat, or who in any way prevents or otherwise
interferes with the free exercise of the franchise of any voter,
shall be deemed to be guilty of undue influence and be subject
to the penalty hereinafter mentioned:
(8.) Every person who corruptly, by himself, or by or with any
person, or by any other ways or means on his behalf, at any
time either before or during any election or the voting upon
any by-law, directly or indirectly gives or provides, or causes
to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any
meat, drink, refreshment, or provisions, to or for any person, in
order to be elected, or for being elected, or procuring the election
of any person, or the passage of any such by-law or for the
298  1 190°- Vancouver Incorporation. Chap. 54.
purpose of corruptly influencing such person or any other person to give, or refrain from giving, his vote at such election or
upon such by-law, shall be deemed guilty of treating:
(9.) Every person who,.during the voting at an election or upon any False perse
by-law, knowingly personates and falsely assumes to vote in the
name of another person whose name appears on the voters' list,
whether such person be then living or dead, or if the name of
such other person be that of a fictitious person; every person Voting more than
who, having already voted at an election, or upon a by-law, °nce' etc-
presents himself again to vote at the same election, or upon the
same by-law; and every person who aids, incites, counsels, or
facilitates the commission, by any person whomsoever, of any
of the foregoing acts in this sub-section mentioned.
29. Any person who is adjudged guilty of any of the offences within Punishment of per-
the meaning of the last preceding section shall, in addition to any uTderTction^
other penalty or punishment to which he may by any law or statute
be made subject, be liable, on summary conviction therefor before anv
two Justices of the Peace having jurisdiction, or the Police Magistrate
of the City, to a penalty not exceeding two hundred and fifty dollars
for each offence, exclusive of costs, and in default of payment forthwith
it shall be lawful for the Justices of the Peace or Police Magistrate
convicting to commit the offender or offenders to the common gaol of
the City for a period not exceeding three months, with or without hard
labour, for each offence, unless the said penalty and costs be sooner
paid, and shall be disqualified from voting at any municipal election,
or upon any by-law, for the next succeeding two years, or from being
a candidate at any municipal election during the said two years.
30. The penalties imposed by the last preceding section shall or How penalty may be
may be recoverable with full costs of suit by any ratepayer of the recovere r
City who may sue for the same by action of debt in any Court having
jurisdiction where the offence was committed, and any person against
whom judgment was rendered shall be ineligible either as a candidate
or municipal voter until the amount he has been ordered or adjudged
to pay is fully paid and satisfied.
31. Any candidate elected at any municipal election which is con- Penalty on candidate
' tested, being found guilty by the Judge of any corrupt practice, undue Iractices °etcUpt
influence, or treating as aforesaid, shall, in addition to the penalties
hereinbefore provided, forfeit his seat, and shall be ineligible as a candidate at any municipal election for two years thereafter.
32. The Returning Officer or Deputy Returning Officer shall, if he Returning Officer
has reason to suspect that any person is personating or attempting to personation^to^re-
personate any elector or deceased elector, or if called upon so to do by q.uire sucb Person to
any candidate or agent of candidate, require such person to sign his or
299
J Vancouver Incorporation.
64 Vict.
Penalty for refusing her name.    Any person who, upon being so required, declines or refuses
0 Slgn' to sign his or her name shall on summary conviction be liable to the
penalties hereinbefore provided in cases of persons guilty of corrupt
practices.
Expenses of candi- 33. The actual personal expenses of any candidate, his expenses for
actual professional services performed, and bona fide payments for the
fair costs of printing and advertising, shall be held to be expenses
lawfully incurred, and a payment in respect thereof shall not be a*
contravention of this Act.
Assessments.
Commissioner and        34. The Council shall appoint an Assessment Commissioner, and
pointed,   ° when necessary one or more assistants, all of whom shall be called
Assessors, and they shall constitute a Board; and the salaries to be
paid to the said assistants shall be fixed by the Council for each of
them, during the time they are employed, as the Council may think
right; and the salary to be paid and duties to be performed by the
said Assessment Commissioner, who shall be a permanent officer of the
City, shall also be fixed by the Council, and the Assessment Commissioner and Board shall be subject to the directions of the Council in
the matter of assessments and the mode of assessing land as distinct
from improvement thereon.
Assessor to be under     35. The assistant or assistants of the Assessment Commissioner.
Commissioner. ' after his or their appointment by the Council, shall be under the control and supervision of the Assessment Commissioner, who shall have
the right, irrespective of the Council, to suspend any assistant disobeying orders or otherwise, in his opinion, violating the duties of his
office, pending the action of the Council, and during which period his
salary and wages shall cease; and the said Assessment Commissioner
may also, during such suspension of any assistant pending the action
of Council, employ another to fill his place.
Council to provide 30. The Council shall, on or before the first day of October in each
year, furnish the Assessor or Assessors appointed with a printed or
ruled form of an assessment roll, in conformity with Schedule A of
this Act, or in such other form as the Council shall direct, in which,
after, enquiry, he or they shall set down all the information therein
required to be contained, and also with a sufficient number of blank
forms to proceed with and conclude the assessment.
37. It shall be the duty of the Assessor or Assessors annually to
make a valuation of all the ratable property in the City, and to report
the same with such particulars as the Council may require.
38. All ratable property shall be estimated at its actual cash value
s it would be appraised in payment of a just debt from a solvent
300  ifc 1900. Vancouver Incorporation. Chap. 54.
debtor, the value of the improvements, if any, being estimated separately from the value of the land on which they are situate.
39. It shall be the duty of the said Assessor or Assessors to revise Revision of the valu-
the valuations made by each Assessor, if more than one Assessor be a lons-
appointed, and to see that all ratable property in the City is assessed,
and to make out an assessment roll in such form as the Council may Assessment roll to be
direct; and when such assessment roll is completed it shall be the duty t„ be delivered to
of the Assessment Commissioners to deliver, or cause to be delivered, Persons assessed,
at least fifteen days before the first sitting of the Court of Revision, to
each person so assessed who resides within the City, either personally
or by leaving the same at their residence or place of business, or by
-posting same addressed to such person at Vancouver City, excepting
where the party assessed has filed with the Commissioner at the City
Hall his address, when in such case the notice hereby required shall be   .
mailed addressed to such address so filed, a notice containing a copy of
so much of the assessment roll as refers to the property of such person.
(1.) It shall be the duty of such Assessor or Assessors, if more than when assessment
one be appointed, to begin to make the assessment not later p°ete^ e com"
than the first day of November in each year for the year following, andtb return to the. CJtyiCki^".*''^e assessment, roll not
later than. the_;thirifliyirsLjd&v of December in each year, and
he or they shall attach thereto a certificate signed by him or each
of them (if more than one Assessor), and verified upon oath or
affirmation before the Mayor or Police Magistrate of the City,
or before any Justice of the Peace having jurisdiction in the
City, and such oath or affirmation shall be in the form following,
or to the like effect:
"I (or we) do solemnly certify (each for himself and" for each Certificate attached
other), as far as my (or our) knowledge extends, that I (or we)   ° ro '
have set down in the above assessment roll all the real property
liable to taxation situated within the ward of the
City of Vancouver, and the true and lawful value thereof,
according to the best of my (or our) information and judgment,
.and I (or we) certify that I (or w&) have entered thereon the
. names of all the resident householders, tenants and freeholders
and of all other persons entitled to be assessed, who have
required their names to be entered thereon, with the true amount
of property occupied or owned by each, and that I (or we)
^further certify and swear (or affirm as the case may be) that
I (or we) have not entered the name of any person whom I (or
we) do not truly believe to be a householder, tenant or freeholder, or the bona fide occupant or owner of the property, d»4 ^ajW^^
that-the-date--of--d«lwe^e*^iwisn^^
herein is"in-eveTy^aseH^ttly-a-n#^e^feetly--stated-4n-said. sell-;
and I (or we) further certify and swear (or affirm as the case
301 Vancouver Incorporation.
64 Vict.
may be) that I (or we) have not entered the name of any person in order to give such person a vote, or. at too low a rate in
order to deprive such a person of a vote, or for any other reason
whatsoever, ^*d-ttiat~tlTe~^aTrrottnt-ioT~-w^
^ssessed-upoB-4i^e--s«rd--¥eU, truly a.nd-eoprefetly-appears^g-saM
^fcree; delivered and traTTSrrritted--te4Hm-as-aforesBBid. So help
me God:"
(2.) It shall be the duty of such Assessor or Assessors, in addition to
other duties imposed upon them, to collect such other information as is required by any Act of the Legislature of this Province,
or by any Or^der in Council passed thereunder:
(3.) The real estate of all companies shall be considered as land of
residents, although the company has not an office in the City:
(4.) It shall be the duty of the City Clerk, on the return of the
assessment roll, to give notice when and where the same may be
inspected, said notice to be given at least thirty days before the
Court of Revision, which notice shall be published in a newspaper in the City, and shall also state the time and place at
which said Court of Revision shall hold its first meeting.
Particulars respect-     40. It sbaJLbe the duty of every person, and the secretary of every
ing real property to . J   . J f. ,      .      ,,       ~,.        ,        .
be delivered to as- company owning or occupying ratable property in the City, to give
theparUertob?as^ aU necessary information to the Assessor or Assessors, and if required
sessed. by one or more of the Assessors, he shall deliver to him or them a
statement in writing, signed by such person or his agent if the person
himself be absent, containing all the particulars respecting the property
assessable against such person or company which are required in the
assessment roll.    It shall be the duty of the Deputy Registrar of the
Land Registry Office of the City of Vancouver, when so required by
Assessors, to allow him or them access, free of charge, at all reasonable
times, to the books containing the records of City property, for the
purpose of perfecting such assessment:
menstatement°fc Sh' 41. In case any person fails to deliver to the Assessor or Assessors
the written statement mentioned in the preceding section, when
required so to do, such person shall, upon conviction before the Mayor
or Police Magistrate, or any Justice of the Peace having jurisdiction in
the City, forfeit to the Corporation a sum not exceeding fifty dollars
and costs, to be recovered by distress and sale of goods and chattels of
the offender, in like manner as if convicted of the breach of any bylaw of the City.
partLTnot^indi?     4i  N° Assessor or Assessors shall be bound by any such statement
on assessors. if he or they has or have any reason to doubt its accuracy, nor shall he
or they be excused on account thereof from making inquiry to ascertain its correctness, and he or they shall discriminate as to property
302  $
\l-iA, LAAJt n
cULn^td  Air- <^Ma^<^      C   Uu       '",  ^ U^t.
^tylAAJZA.
U<W   £L   to^/i^j     Z^CL<LUlSL<y   ^u\
£^Ly,
^outfit ft<ui olkissel d) ttm
" 0
u^ctlj^j #LGo cujr&Ju
°tu& acetyl   f>UAj^ttA-b    fy-i
1^,41 <*^ Wv«"' Uajl»lA*aa. <fy MOif^(^|(iaW^   ' 1
1900.
Vancouver Incorporation.
Chap. 54.
mentioned therein which is legally assessable or. otherwise, and may
assess such person or company for such property as he or they believes
or believe to be just and correct, and may omit his or its name or any
property which he or it claims to own or occupy if the Assessor or.
Assessors has or have reason to believe that he or it is not entitled to
be placed on the roll or to be assessed for such property.
Of Non- Unoccupied lands to
i--+n& be called "lands of
ttmg non-residents,^' ex-
43. Unoccupied  lands   shall   be   denominated  "Land.1
Residents" unless the owner thereof gives notice in writin
forth his full name, place of residence and post office address to the ^P*) etc-
Clerk of the City on or before the thirtieth day of October in each
year, that he owns such laneL describing it, and requires his name to be
entered on the Assessment Roll therefor, and the City Clerk shall on
or before the first day of November in each year, make up and deliver
to the Assessor or Assessors, a list of the persons requiring their names
to be entered on the roll and the lands owned by them.
(1.) All property, the name of the owners of which shall not be When owner unascertained by the Assessor or Assessors, shall be entered on the   nown-
assessment roll as " Non-Resident Property:"
(2.) Lands occupied by the owner shall be assessed in his or her When land to be as-
name . n^me m °Wner S
(3.) As to lands not occupied by the owner but of which the owner When land not oc-
i| known and who at the time of the assessment being made but'owner^lnwwn'
resides or has a legal domicile or place of business in the City,
or  who has signified by writing to the City Clerk, as herein
provided, that he owns the land and requires to be assessed
therefor, the same shall be assessed against such owner alone if
■j the land is unoccupied, or against such owner and occupant
■*% when- occupied.
44. No assessment shall be invalid by reason of omission of assess- Assessment not in-
able property therefrom, or of any defect in form, or because of the J^ ^^j^f 0°
non-return of the roll at the time specified. non-return.
45. The Council may by by-law exempt from taxation, wholly or Power of Council to
in part, any improvements, erections and buildings erected on any exempt from taxa-
land within the City, notwithstanding that they may be part of the
real estate.      C-L&, a-ttcx-t—d,   c^fajo
4G./sA.ll land, real property, improvements thereon, machinery and What property liable
plant being fixtures therein and thereon in the City shall be liable to to taxatl0n-
taxation subject to the following exemptions, that is to say :— Exemptions.
(1.) All property vested in or held by Her Majesty, or vested in any AH property belong-
public body or body corporate, officer or person in trust for Her in8 to Her Majesty.
Majesty or for the public use of the Province, and also all prop- Indian lands unoc-
erty vested in or held by Her Majesty or any other person or ^ggjj™ ocoupied
303 Chap. 54.
Vancouver Incorporation.
64 Vict.
Universities,   agricultural societies,
and incorporated
charitable institutions, ete.
Court of Revision to
finally decide what
t of land is
Proper
to City
Assessment roll to be
revised annually.
Council to appoint
by resolution time
and place for sitting
of Court of Revision.
body corporate in trust for or for the use of any tribe or body
of Indians, and either unoccupied or occupied by some person
in an official capacity :
(2.) When any property mentioned in the preceding clause is occupied by any person otherwise than in any official capacity, the
occupant shall be assessed in respect thereof, but the property
other than the improvements placed or affixed thereon by the
occupant itself shall not be liable :
(3.) The buildings and grounds of and attached to and belonging to
every university, college, high school, public free library,
mechanics' institute, the lands of any agricultural or horticultural society, or any incorporated seminary of learning,
public hospital, or any incorporated charitable institution,
whether vested in trustees or otherwise, so long as such
buildings and grounds are actually used and occupied by such
institution, or if unoccupied, but not if otherwise used or
occupied; provided, that such grounds shall not exceed in
extent the amount actually necessary for the requirements of
the institution. The question as to what amount of land is
necessary shall be decided by the Court of Revision, whose
decision shall be final:
(4.) The property belonging to the City, whether occupied for the
purposes thereof or unoccupied, but not when occupied by any
person as a tenant or lessee or otherwise than as a servant or
officer of the City for the purposes of said City:
(5.) Every public poor-house, alms-house, orphans asylum, house of
industry and lunatic asylum, and every house belonging to a
company for the reformation of offenders, and the real property
belonging to or connected with the same, and used in connection
therewith.
Court of Revision.
47. The assessment roll of the City shall be annually revised,
equalized and corrected by the Council sitting as a Court of Revision,
who may hold or adjourn the sittings of the Court of Revision as a
majority of the members present may determine.
48. The Council shall, within two months after the time fixed for
the Assessor to return the roll to the City Clerk, appoint, by resolution,
a time and place for the sitting of the Court of Revision for hearing
all complaints against the assessment as made by the Assessor, and
shall, after hearing the same (if any), as well as the Assessor, and such
evidence as may be adduced, alter, or amend, or confirm the roll
accordingly.
49. Any person complaining of an error or omission in regard to
himself as having been wrongfully inserted on or omitted from the
304   1900.
Vancouver Incorporation.
Chap. 54.
roll, or as having been undercharged or overcharged in the roll, may, Notice of complaint.
personally, or by means of a written communication over his signature,
or by an attorney, or by any other person authorised by him in writing
to appear on his behalf, come before the Court of Revision and state
his ground of complaint, and the Court may confirm or correct the
assessment.
(a.) If he shall first have given notice in writing to the City Clerk Notice to be given
of the ground of his complaint at least ten clear days before foreCsittLg.ayS  6
the date appointed for the sitting of the Court of. Revision:    .
(b.) If a ratepayer thinks that any person has been assessed too low Ratepayer who
or too high, or has been wrongfully inserted on or omitted assessed^oo^gh'or
from the roll, he may, within the time limited by the preceding too low, may give
sub-section, give notice in writing to the City Clerk, who shall
forward by post a notice to such person of the time when the
matter will be tried by the Court of Revision, and the matter
shall be decided in the same manner as complaints by a person
assessed.
50. At the times or time appointed, the Court, of which five mem- Hearing,
bers of  the Council shall form a quorum, shall meet and try all
complaints in regard to persons wrongfully placed upon or omitted
' from the roll, or assessed at too high or too low a sum.
51. The Court, or some member thereof, may administer an oath Administration of
to any party or witness before his evidence is taken, and may issue a ^'/of witnesses
summons to any person to attend such Court as a'witness.
52. If the person summoned to attend the Court of Revision as a Penalty for witness
witness fails, without good and sufficient reason, to attend (having ai ™s to attend-
been tendered compensation for his time at the rate of two dollars a
day), he shall incur a penalty of twenty dollars, to be recoverable with
costs by and to the use of any person suing for the same.
53. If any person complaining fails to appear when required by the Proceeding when
Court of Revision, either in person, or by an attorney or an agent, the ^^J^* faib
Court may proceed ex parte.      Ux.O^VsaMaa.^ 0\ I C JS%^)
Equalization of the Assessed Value of Land.
54. The members of the Municipal Council constituting the Court Members of Court of
of Revision for the Assessment Roll are hereby also constituted and ^"S"0!? a* const]~
empowered, under the following conditions only, to act as a Board for ization of assessed
the equalization of the assessed value of land and  improvements: provements.
(a.) In the event of the Assessor's valuation of land and improve- if as
majority of  all  the  members of  the  Court of  Revision,  as dim
expressed by a resolution, in excess of the actual cash value as
defined by section 38 of this Act, the Board may then direct
305 Vancouver Incorporation.
64 Vict.
Court of Revision
having decided value
put upon lot, etc., is
in excess of cash
value, may, acting as
Board of equalization, direct assessor
to reduce value.
the City Clerk to reduce the value of all the land and improvements upon the Assessment Roll by a definite and fixed per
centum, and the Assessor shall so reduce it; or,
(b.) In the event of a complaint, made in accordance with section 49
of this Act, from the Assessor's valuation having been heard,
and the Court of Revision having decided that the value put
upon the lot or parcel of land or improvements by the Assessor
in respect of which the complaint is made is in excess of its
actual cash value as defined by section 38 of this Act, the Court
of Revision, acting as a Board of Equalization, may direct the
Assessor to reduce the assessed value of any land or improvements of the same class, on the same street, or in the same
same vicinity, in order to make the assessed value of the land
or improvements equal in the locality, whether a complaint
against the Assessor's valuation upon the particular lot or lots
or parcels of land or improvements so reduced and equalized
has been made or not by or on behalf of the person assessed,
and the Assessor shall make the reduction as so directed.
The Revised Assessment Roll.
55. The Assessment Roll, as revised or confirmed, and passed by
the Court of Revision, shall, except in so far as the same may be
further amended on an appeal to a Judge of the Supreme Court, be
valid and bind all parties concerned, notwithstanding any defect, error
or misstatement in the notice required, or the omission to deliver or
transmit such notice; and the roll shall, for all purposes, be taken and
held to be the Assessment Roll of the City (subject, however, to such
alterations, if any, as are made on appeal to the Supreme Court) until
a new roll shall have been revised, confirmed, or passed by the Court
of Revision.
n Court       50. If a person be dissatisfied with the decision of the Court of
Revision he may appeal therefrom, in which case—
(1.) He shall within one week after the decision, in person or by
attorney, serve upon the Clerk of the City and the District
Registrar of the Supreme Court at Vancouver a written notice
of his intention to appeal to a Judge of the Supreme Court,
and setting out in such notice his grounds of appeal, and shall
prosecute such appeal by obtaining a hearing of the Judge
within fourteen days or within such further time as the Judge
may allow:
(2.) The Judge shall appoint a day for hearing the appeal; said day
shall be within ten days from the date the Registrar received
the notice of appeal, notice of which shall  be given by the
Clerk:
306 1  Vancouver Incorporation.
Chap. 54.
(3.) The Judge shall hear the appeal -and evidence adduced upon Duties and powei
oath at the time and place appointed, in a summary manner,   u ge'
and may adjourn the hearing from time to time and defer
judgment thereon at pleasure, but so that judgment shall be
delivered within one month from the final revision of the assessment roll; and if the appeal shall not be decided within the
time herein limited the decision of the Court of Revision shall
stand: Provided, however, that the appeal from the decision of
the Court of Revision shall be limited to the question whether
the assessment in respect of which the appeal is taken is or is
not equal and ratable with the assessment of other similar .
property in the City having equal advantage of situation against §
the assessment of whichno appeal has been taken:
(4.) The City Clerk shall on any appeal from the decision of the Clerk to produce as-
Court of Revision produce before the Judge, at the time and on hearing of appeal,
place appointed for hearing the appeal, the Assessment Roll
and all papers and documents in his possession in any way
affecting the matter:
(5.) The cost of such appeal shall be in the discretion of the presiding Costs of appeal in
Judge, who shall fix the amount thereof and order by whom   iscre lon °    u ge'
and to whom the same shall be paid, and the payment thereof
may be enforced by execution issued out of the said Court upon
an order of said Judge.
Levying Rates.
5T. The Council of the City shall, in each and every year after the Yearly rate to be
final revision of the assessment roll, pass a by-law for levying a rate evie    y  y" aw'" •
or rates on all the ratable property on the said roll, to provide for all
the necessary expenses of the City, as well as the payment of every
such sum or sums as the City shall have undertaken to be liable for
during the current year, in respect of any debenture or other debt or
obligation, and also such other sum or sums of money as may be found
expedient: Provided always, that the rate to be levied in any year, in
addition to what is required for payment of interest on outstanding
debentures, and the amount required for a sinking fund therefor, and
for school purposes (if any), shall not exceed the sum of one and one- Limitation of rate,
third cents on the dollar.
Collection of Rates.
58. Upon and forthwith after the said final revision of the assess- clerk to make out
ment roll, and the passage of such by-law, the Clerk of the City shall tax rolls-
make out a tax roll or rolls, in the form in the Schedule A to this Act, Form of tax rolls,
sign and deliver the same to the Collector; the said roll shall then
remain in the hands of the Collector for collection of taxes.
u. 307  1900.
Vancouver Incorporation.
Chap. 54.
unpaid Proceedings when
t be collected.
04. If any oi the taxes mentioned in th$ jtax roll :
and the Colleetorfis rloOabie tojcolfect«he gamte^he shall show on said c
roll when riturjjed/ opposite to each assessment or by a statement
appended to said roll, the reason why the same could not be collected.
05. The Collector shall not receive at any one time less than one Current year's taxes
,    , ,   . ,. ,    , ..     .,    , ,. not receivable until
years taxes, and in case the wnole arrears are not paid at one time, arrears paid,
he shall credit the payment made (being a sum not less than one
year's taxes) to the first and following years overdue, as shown on the
tax roll, unless satisfactory proof is produced of the previous payment,
or erroneous charge in respect of any portion thereof; but if satisfactory proof is adduced to him that any parcel of land on which taxes
are due has been subdivided, he may receive the proportionate amount
of taxes chargeable upon any of the sub-divisions, and leave the other
sub-divisions chargeable with the remainder: Provided always, that
no discount shall be allowed on any payments unless the whole arrears
are paid up.
00. The Collector, on demand, during the time in which he shall if demanded,   Col-
have the tax roll in his possession, shall furnish to any person requiring ten statement of ar-
the same, a written statement of the arrears of taxes at that date in rears-
respect of any specified land; and he may charge a fee of twenty-five Fee therefor,
cents for furnishing such statement if it does not contain more than
five lots or parcels, and a further fee of ten cents for every additional
ten lots or parcels, but he shall not make any charge for search or
statement to any person who pays the taxes, provided that no more
than two dollars shall be charged for any statement.
07. The taxes accrued on any land shall be a special lien on such Taxes to be a lien
land, having preference to any claim, lien, privilege or incumbrance of upon an ' etc-
any party except the Crown, and whether the same are registered or
not, and shall not require registration to preserve it.
08. The Corporation may register with the Registrar of Titles, all Taxes
taxes which may be due on the land at the expiration of the fiscal
year, and a fee of twenty-five  cents shall be paid for each tax so
registered, and the same fee for a discharge of each such tax.
09. All overdue taxes shall bear interest at the rate of
cent, per
X  per Overdue taxes t<
calculated from the first day of January following .ear m eres'
the date on which the said taxes were levied.
gulations and Council to provide
2 by by-law for sale
TO. The Council may, by by-law, provide for, make r
authorise the sale at public auction of any land, or improvements, <
real property upon which there shall be at the time of passing of such
by-law unpaid taxes in arrears for the period of two years prior to
the passing of such by-law.
(a.) The Treasurer shall, subject to the provisions and regulations Treasurer selling to
and conditions of sale of any by-law passed under authority of trfi^catecrfltuid^old.
this section, after selling any real property, give a certificate
309 Vancouver Incorporation.
64 Vict
Owner of real prop- j
erty sold for taxes
may redeem'within
one year by paying
purchase money.
under his hand to the purchaser, stating distinctly what part
or proportion have been so sold, or stating that the whole lot,
section, or estate has been so sold and describing the same, and
also stating the quantity of real property, the sum for which it
has been sold, and the expenses of the sale, and further stating
that a deed conveying the same to the purchaser or his assigns,
according to the nature of the estate or interest sold, will be
executed on his or their demand, at any time after the expiration of one year from the day on which an order may be made
by a Judge of the Supreme. Court confirming the sale, if the
real property be not previously redeemed, upon payment of a
fee hereinafter provided; and such order shall be made on
petition of the Treasurer, on proof being made to the satisfaction of the Judge that notice of sale having been made, and of
the consequences thereof, in writing or partly in print and
partly in writing, signed by the Treasurer, has been served on
the person,, or if more than one, then on each of the persons
who at the time of the service thereof appeared on the register
in the Land Registry Office of the District in which the real
property is situated, as owner or the holder of a registered
charge on the real property, or that substituted service has been
effected in such manner as any such Judge may have directed.
The purchaser shall, on the receipt of the Treasurer's certificate
of sale, become the owner of the real property so far as to have
all necessary rights of action or powers for protecting the same
from spoliation and waste, until the expiration of the term
during which the property may be redeemed; but he shall not
knowingly permit any person to cut timber growing upon the
land:
(b.) The owner of any real property which may hereafter be sold
for non-payment of arrears of taxes, or his heirs, executors,
administrators or assigns, or any other person in his or their
behalf, may at any time within one year from the day on which
the order referred to in the preceding sub-section of this Act
confirming the sale is made, exclusive of that day, or before the
delivery of the conveyance to the purchaser at the tax sale,
redeem the estate sold by paying or tendering to the Treasurer
for the use and benefit of the purchaser or his legal representatives, the sum paid by him, together with interest thereon at
the rate of six per cent, per annum, and the Treasurer shall
give the party paying such redemption money a receipt stating
the sum paid and the object of such payment, and such receipt
shall be evidence of the redemption. From the time of a tender
to the Treasurer of the full amount of redemption money
required by this Act, the said purchaser shall cease to have any
further right in or to the real property in question:
310  V ii
&**
0~U f-^-^yf
kw?{ AiSjIfei! ^^
^ o^ /S^ <i^4 ^r^ l^Li Vancouver Incorporation.
Chap. 54.
(c.) If the real property be not redeemed within the period  so Deed of sale, if not
allowed, then on demand of the purchaser or his assigns or other redeemed-
legal representatives, at any time afterwards, and on payment
of one dollar, the  Clerk shall prepare and execute with the
Mayor, and deliver to such purchaser or his assigns or legal
representatives, a deed of the said real property:
(d.) The deed to the purchaser of any real property sold under the Effect of such deed:
provisions of any by-law passed under the authority of this Act,
shall have the effect of vesting such real property in the purchaser, his heirs and assigns, in fee simple or otherwise, according to the nature ofthe estate or interest sold; and no such deed
shall be invalid for any error or miscalculation in the amount
of taxes or interest thereon in arrear, or on account of the
property having been assessed as land. And the Registrar of
Titles, upon production of the deed and application in the usual
form, and upon payment of the usual fees, shall register or
record the same in the usual manner:
H All actions to set aside, vary, or in anywise affect any deed of Action to set aside
conveyance of land sold for taxes, delivered to the purchaser ^^^axe? tSJ
under sub-section (c) hereof, shall be commenced within one commenced within
year from the date of the said deed being so delivered; and in Uver/Xdeed"1 de"
default of any action being commenced within the said period,
such deed of conveyance shall not be set aside, varied, cancelled
or otherwise affected, but shall be and be deemed to be a valid
and effectual deed for the purpose of vesting the title, and shall
vest the title to the land so conveyed in the purchaser thereof,
notwithstanding any default, irregularity, defect or invalidity
there may have been in carrying out the provisions of this Act,
or any by-law passed thereunder, or any of the proceedings
relating to the assessment, notices of assessment, or the sale of
the land for overdue taxes.      *.        -
71. Where the title to any land sold for arrears of taxes is vested When Treasurer sells
in the Crown, the deed therefor, in whatever form given, shall be held ?aml> the fee of which
to convey only such interest as the Crown may have given or parted only sell The interest
with, or may be willing to recognise or admit that any person or ed^th™ haS part"
persons possesses or possess under any colour of right whatever.
72. The City, in case of any sale for taxes being declared invalid, In case of invalid
shall be liable only for the purchase monev actuallv paid therefor to ?ale' Cit7 only liable
ii     m ill. *or purchase money,
the Ireasurer, and legal interest thereon, as for damages or otherwise. e*c-
Voters' List.
I A. lhe Clerk of the City shall within m'-ty QAga after th
evision and correction <# We ^e^en^on^lv^y^latl
correct alphabetical list of all persons being of the full age of twenty-
one years, and appearing by the assessment roll to be entitled to vote
311
final Clerk to make list of
SWa voters- Cha
54.
Vi
64 Vi
ame of each person his oi
es of the voters in each wa
farately, and shall, opposite
er column of the voters' lis
description of the properl
1, for the purposes
st, aJso.beJieId to
TO^o^eirSered in
in the City at municipal elections,
right of his wife, prefixing to the
number upon the roll, giving the ni
name of the person, insert in the pi
number of the lot or other prop
respect of which such person is qualified.
Meaning of "owner"     74. The words owner (0) and tenant (T) a
and "tenant." ^^ ^ pursuant to the provisiong 0f this A
of the provisions of this Act relating to thevvc
mean respectively owner (0) or^e^75&
the voters' list by the Clerk.      fIT.   rtAAj^LAA k t / 57ll
Forms.of voters' list. 75. In carrying into effect the voters' list provisions of this Act, the
forms given in Schedule A of this Act may be used, and the same, or
forms to the like effect, shall respectively be deemed sufficient for the
purposes mentioned in this Act.
Notice to be pub-       70. Immediately after the Clerk has made the said alphabetical
lished when voters' , • • • • rv
list completed. voters' list, he shall give public notice, by printed posters on the City
Hall and Provincial Court House, and by advertisement once a week
for four weeks in not less than one newspaper published in the City,
that the said'list has been cOmpleted^_and that the same shall be kept
in his office until the first of i^ptfjSnfcWr following, for examination by
all concerned; and any person who shall claim to be added to the said
voters' list, or any elector who shall desire to have any name erased
therefrom, shall prefer his or her request in writing, signed with his
or her name, stating the ward to which he or she belongs, and shall
deliver, or cause the same to be delivered, to the City Clerk.
Revision of list. 77. The said list shall be finally revised and corrected by such
person as the Council may appoint, who shaU be designated the
Revising Judge, on or before the first dav of November in each vear.
egards such person.
78. Any person cl
omplainingofanve
aid first day of Sep
otice in writing of 1
3 added to the said list, and any
sion in the said list, shall, befo
to the Clerk or leave at his oi
id :
the Revising Judj
revision thereof,
soever, such noti<
Council of the Ci
79. The Revis
said list at. the Ci
rplai
of Clerk is \
iven in like
jtice of which shall 1
nti(  LtuJj 1900.
Vancouver Incorporation.
Chap. 54:
by advertisement in one of the daily papers published in the City, and
also by posting notices at the City Hall and Provincial Court House
at least fourteen days before the day so fixed.
80. The City Clerk shall upon the day appointed for the revision A
produce to the Revising Judge the Assessment Roll, Voters' List, and to^Court56 produced
all notices, papers  and  documents  in  his  possession  affecting  the
matter.
81. The Revising Judge shall on the day appointed for the revision Hearing of appeal,
as aforesaid hear the appeals or complaints, notice of which shall have
been given as hereinbefore-provided, and any evidence adduced upon
oath, in a summary manner, and may adjourn the hearing from time
to time and defer judgment thereon at pleasure,  j-v-i^ c>s*LpU.
82. In case no complaint respecting such list is received by the Judge to certify list
Clerk before the first day of Deptuiriuer/ the Revising Judge shall,    no comp
after he has satisfied himself of the correctness of the list, forthwith
certify the list so having been posted up as aforesaid as being the
revised list of voters for the City, and the certificate of the Revising
Judge shall be according to the form given in Schedule "A" of this
Act.
83. If on a complaint to add any person to the list or to strike out Judge to correct
thereof the name of any person entered thereon, or if at the instance   s '
or suggestion of the City Clerk the Revising Judge from the evidence
produced is of the opinion that the person claiming to be added is
entitled to be added on the list, or entered thereon in respect of qualifications other than that in which he is already entered in the list, or
that any person's name should be erased from the list, he shall make
such corrections in or additions to the list as may be just.
84.. In case complaints-have been made as aforesaid then immedi- After final revision,
ately after the list has been revised by  the Revising Judge  and muenf 0\° alterations^
corrected he shall certify to such corrected list and sign a statement a.nd certify copy of
setting forth the changes (if any) which he has made in the list; such    j
statement and certificate may be in the form given in Schedule " A "
of this Act.
85. It shall be lawful for the Revising Judge where real property Where real property
has been sold since the last revision of the assessment or whert
person other than the person entered <
roll would be entitled to be entered upon the said roll, to substitute on
the voters' list the name of the new owner or such other person as
aforesaid for that of the person appearing on the said last revised
. assessment roll, and the person so substituted shall be entitled to vote
in respect of such qualification in the stead of the person whose name
so appears on the said last revised assessment roll, ^ f r>c^-)
.ItjL tvr^-e^dA^&t^t A? t*    L 31ST Vancouver Incorporation.
64 Vict.
Remuneral
Powers of Revising 86. In all proceedings before the Revising Judge he shall have, with
u ge' reference to the matters herein contained, all the powers which belong
to or might be exercised by a Judge of the County Court.
Copies of list to be 87. Immediately after the final revision and correction of the
printed. voters' lists, the Clerk shall cause at least one hundred copies of each
list to be printed (in pamphlet form), and forthwith shall cause one of
Copies to be posted such printed copies to be posted up, and to be kept posted up in some
cop^ertoSb°effisenta to conspicuous' place in his office, and deliver or transmit by post or by
certain persons.        parcel or book post, two copies to each of the following persons:—
(1.) The Revising Judge who certified said lists:
(2.) Every member of the City Council:
(3.) To any other party requiring the same, on payment of twenty-
five cents therefor.
88. The Revising Judge shall be paid the sum that may from time
to time be fixed by resolution of the Council, not exceeding twenty
dollars per diem; and such payment and all other charges (not otherwise hereinafter provided for) necessary to be incurred in connection
with the holding and proper conduct of the business of the Court shall
be paid by the/Treasurer of the City, upon the certificate or voucher
of the Revising Judge as to the service performed, and in cases other
than as to his own fees, as to the nature or the necessity for the service
performed.
89. In all disputed cases coming before said Revising Judge in connection with the revision and correction of the said lists, and in all cases
where an application is dismissed as being unwarranted, or where the
Revising Judge shall consider that the ground of application was
known,  and   that   the   purpose  of   such   application   might   have
■ been accomplished otherwise than by appealing, and notwithstanding
anything in this Act appearing to the contrary the said Revising Judge
may order the applicant or other person in the position of the Respondent, and being a party interested in the application to pay a hearing
fee of five dollars and such reasonable costs, not exceeding County
Court scale, if any, as the Revising Judge may determine.
90. If the Revising Judge believes, or has good reason to believe,
that any person or persons has or have contravened this Act, or that
frauds in respect to the assessment or voters' lists have prevailed
extensively in the City, it shall be his duty to report the same to the
Council, with such particulars as to names and facts as he may think
proper.
91. The Revising Judge shall have power to amend any notice or
other proceeding upon such terms as he may think proper.
92. If any appellant or complainant entitled to appeal, dies or
abandons his appeal or complaint, or having been on the alphabetical
314   1900.
Vancouver Incorporation.
Chap. 54.
list made and posted by the Clerk' as aforesaid, is afterwards found
not to be entitled to be an appellant the Judge may, if he thinks
proper, allow any other person who might have been an appellant or
applicant to intervene and prosecute such appeal or complaint, upon
such terms as the Judge may think just.
93. iNo costs shall be allowed on any proceeding under this Act, Scale of costs,
other or higher than would be allowed in the County Court in the
scale of costs in actions therein.
94. The payment of any costs ordered to be paid by the Revising Costs, payment of,
Judge may be enforced"~by an execution against goods and chattels, to
be issued from the County Court having jurisdiction in the City of
Vancouver, upon filing therein the order of the Revising Judge and
an affidavit showing the amount at which such costs-were taxed and
the non-payment thereof. The writ of execution may be according to
the form given in Schedule " A " of this Act.
95. If any person not assessed is found entitled to vote, the Cor- Personswhose names
poration shall be entitled to recover taxes from him, and to enforce an(j inserted on repayment thereof by the same means and in the same manner as if he yislon uable to Pav
r  •' J ag       taxes.
had been assessed on the roll for the amount found by the Revising
Judge; and the Judge shall make an order setting forth the names of Judge's order..
the persons so liable, and the sum for which each person should have
been assessed, and the land or other property in respect of which the
liability exists ; and such order shall be transmitted to the Clerk of the
City, and shall have the same effect as if the said particulars had been
inserted in the assessment roll; and the said order for the assessment
of persons omitted from the assessment roll may be according to the
form given in Schedule " A " of this Act.
96. The times appointed for the performance by the Clerk of the Failure of Clerk to
City of the duties required by him by this Act, relating to the voters' vTtiatehst. 16Sn°
lists, shall be directory only to the said Clerk; and the non-performance
by him of any of the said duties within the times appointed shall not
render null, void, or inoperative any of the voters' lists in this Act
mentioned.
97. In case the Clerk of the City fails to perform any of the duties Provision in case
aforesaid, any voter, or any person entitled to be on the voters' list, fajis  to   perform
may forthwith apply summarily to a Judge of the Supreme Court to duties-
enforce the performance of  the same.    The application to a Judge
against a delinquent Clerk may be according to the form given in
Schedule | A " of this Act.
98. The Judge shall, on such application, by sumn
l under judge n
i to appear and
of this Act, require the Clerk of the City, and any other person he submitti
sees fit, to appear before him and produce the assessment roll and any
315 Chap. 54.
Vancouver Incorporation.
64 Vict.
neglect, e
Clerk, etc., wi
falsifying lists
cur a penalty.
documents relating thereto or to the list in respect of which the application is made, and to submit to such examination on oath as may be
required of him or them, and the Judge shall thereupon make such
orders and give such directions as he may deem necessary or proper
for the purpose aforesaid.
Penalty on Clerk for 99. If the Clerk of the City omits, neglects, or refuses to complete the
voters' lists, or to perform any of the duties hereinbefore required of
him by the voters' lists clauses of this Act, such Clerk, for each omission, neglect, or refusal, shall incur a penalty not exceeding two hundred
dollars,
lfully 100. If the Clerk of the City, or any other person, wilfully makes
m" any alteration, omission or insertion, or in any way wilfully falsifies
any such certified list or copy, or permits the same to be done, every
such person shall incur and be liable to a penalty not exceeding two
thousand dollars, or to be imprisoned in the common gaol of the
district in which the City is situated for a period not exceeding six
months, in the discretion of the Court.
101. No person shall wilfully or improperly make, execute, accept,
or become a party to any lease, deed, or other instrument, or become a
party to any verbal agreement, whereby a colourable interest in any
house, land or tenement is conferred in order to qualify any person to
vote at an election; and any person wilfully or improperly violating
the provisions of this section, besides being liable to any other penalty
prescribed in that behalf, shall, on summary conviction by the Police
Magistrate or a Justice of the Peace having jurisdiction, be liable to a
penalty of one hundred dollars, or in default of payment forthwith
six months imprisonment, with or without hard labour, in the common
gaol in the City, unless the said penalty be sooner paid; and any
person who induces, or attempts to induce, another to commit an
offence under this section, shall incur a like penalty.
102. The. penalties mentioned in the three last preceding sections
may be recoverable, with costs of suit, by any person suing for the
same in any Court of competent jurisdiction in^ihe Province, r      -, °L
By-Laws requiring the Assent of the Electors.
103. The right of voting on by-laws requiring the assent of electors
shall belong to the following persons, being rnalesjor^emmesoles of the
full age of twenty-one years, being rated to the amount of three
hundred dollars as owners of real property on the last revised assessment roll, held in their own right, igy^in^caee-o^-inTrtes-^rrHhe right "of
tterr^vrppee-; and each person so qualified shall be entitled to one vote
only:    A^ CW^u^^Xa/v^ua^
SvoVrsSTecond     W Affcer & hy'1&w re(luiring the assent of the electors has passed .
reading. its second reading, and before the date of the submission of the
316
Who may vote on
by-laws requiring
assent of electors.   1900.
Vancouver Incorporation.
electoi
ap. 54.
persons wh<
accordance 1
3, the City Clerk shall prepare a list of the
ntitled to vote on the proposed by-law in
e preceding section:
(2.) In case a by-law requires the assent of the electors of the City If by-law requires
before the final passing thereof, the following proceedings shall S'^oSSto'
be taken for ascertaining such assent, except in cases otherwise same-
provided for:
(3.) The Coun.
shall by a by-law fix the day, hour and places for Time and
taking the votes of the electors on the by-law to be submitted,
plac
by by-law.
also name Returning Officers to take the votes at
such places, and such day shall not be less than three nor more
than five weeks after the first publication of the proposed
by-law, as herein provided for:
(4.) The Council shall, at least once a week for a month before the Publication of pro-
final passing of the proposed by-law, publish a copy thereof in posed byClaw-
some newspaper or newspapers published in the City I
(5.) Appended to each copy so published shall be a notice, signed Notice of by-law,
by the Clerk of the Council, stating that such a copy is a true pollinS' etc-
copy of the proposed by-law which will be taken into consideration by the Council after one month from the first publication
in the newspaper, stating the date of the first publication in
the newspaper, and naming the hour, day and place, or places,
fixed for taking the votes of the electors:
(6.) At such day and hour a poll shall be taken, and the proceedings p0n, proceedings at.
thereat, for the purposes thereof, including a recount, be conducted in the same manner, as nearly as may be, as at an
election for Mayor and Aldermen:
(7.) At any polling on any by-law, a voter before marking his ballot Returning Officer
paper, if so required by the Returning Officer on any election, ^,aL rtetluire ele<?to1
shall state his or her occupation and residence to such officer, etc.
and shall, if required, take the following oath (or affirmation):—
"I, A. B., do swear (or affirm) that I am twenty-one years of Oath,
age; that I am the person whose name is on the list of electors
now shown to me; that I have not voted before at this election;
that I have not received anything nor have I accepted any
promise made to me, directly or indirectly, either to induce me
to vote at this election or to indemnify me for loss of time,
travelling expenses, or other services connected with this election; that I have not been guilty of any bribery or undue
influence as defined by this Act, or any act of corruption, disqualifying me from voting at this election, and that I am
properly qualified to vote at this election.    So help me God."
(8.) The ballot papers that shall be cast shall be printed " for the Form of ballot
by-law" or "against the by-law," and shall be marked by the PaPers-
317 Vancouver Incorporation.
64 Vict.
If by-law rejected
similar by-law - not
to be submitted for
When to take effect.
To provide a special
est and sinking fund.
By-laws for f
money not for <
ary   expenses
voter voting by a cross on the right-hand side thereof opposite
the words "for the by-law" or "against the by-law," as he may
desire to vote. Each Deputy Returning Officer for the various
wards shall count the ballots and shall add up and verify the
same, and make the return to the City Clerk as in the case of
an ordinary election for Mayor and Aldermen:
(9.) Upon receiving the returns the City Clerk shall add up the
votes, and if it shall appear from such returns that the votes
cast for any such by-law be three-fifths of the votes polled, the
City Clerk shall forthwith declare such by-law carried, otherwise he shall declare it lost.
104. If any by-law which requires the assent of the electors is
rejected by them, no other by-law for the same purpose shall be submitted to the electors for the space of six months from the date of such
rejection.
105. The Council may, under the formalities required by this Act,
pass by-laws for contracting debts by borrowing money, or otherwise,
and for levying rates for payment of such debts on the ratable
property of the City for any purpose within the jurisdiction of the
Council: Provided, the aggregate of such debt shall not exceed twenty
per cent, of the assessed value of the real estate of the said City computed on .ah average taken from the assessment roll for the two years
antecedent to the creation of the debt; but no such by-law shall be
valid which is not in accordance with the following restrictions and
provisions:—
(1.) The by-law shall name a day in the financial year in which the.
same is passed when the by-law shall take effect; and the whole
of the debts and the obligations to be issued therefor shall be
made payable in fifty years at furthest from the day on which
such by-law takes effect:
(2.) The by-law shall provide that an annual sum shall be raised
and levied in each year by a special rate on all the ratable
property in the City sufficient to pay interest on the debt during
the currency of the debentures, and also a sum to be raised
annually for the payment of the debt when due:
(3.) The by-law shall recite: (1.) The amount of. the debt which
such new by-law is intended to create, and, in some brief and
general terms, the object for which it is to be created; (2.) The
amount of the whole ratable property of the City, according to
the last revised assessment roll; (3.) The total amount of the
existing debenture debt of the City, and how much, if any, of
the principal or interest is in arrears,
100. Every by-law for raising upon the credit of the City any
money not required for its ordinary expenditure, and not payable
318 1
^Ij^MM-^   ^c^  1900.
Vancouver Incorporation.
Chap. 54.
within the same municipal year, shall, before the final passing thereof,
receive the assent of the electors of the City in the manner provided
for in this Act; and when such assent is received, no such by-law shall When
debentures issued thereunder shall be absolutely valid and binding
upon the Corporation, according to the terms thereof, and shall not be
quashed or set aside on any ground whatever, unless upon application
to some Court of competent jurisdiction made within one month after
the passing of the third reading thereof.
107. All debentures and other securities duly authorised  to be Debentures, etc.,
executed on behalf of the Corporation shall, unless otherwise specially how to be executed-
authorised or proyided, be sealed with the seal of the Corporation,
and signed by the Mayor and countersigned by the Treasurer, or
signed or countersigned respectively by some other person or persons
authorised by by-law to sign or countersign the same, otherwise the
same shall not be valid; the lithographed initials of the Mayor and
Treasurer, or of some other person or persons authorised by by-law
to initial the same shall be affixed to all coupons attached to such
debentures.
108. Any debentures issued under the formalities required by law Transfer of deben-
of the Corporation, payable to bearer or to any person named therein  ures'
or bearer, may be transferred by delivery, and such transfer shall vest
the property of such debenture in the holder, and enable him to
maintain an action thereupon in his own name.
109. Any such debenture issued as aforesaid shall be valid and Full amount recoV-
recoverable to the full amount, notwithstanding its negotiation by such ^^(j below par
Corporation at a rate less than par.
110. In any case of passing a by-law for contracting a debt by Counsel may make
borrowing money for any purpose, or otherwise as provided by this PrmciPal repayable
Act, such by-law may make the principal of such debt payable by instalments,
annual instalments during the currency of the period (not exceeding
fifty years) within which the debt is to be discharged; such instalments to be of such amounts that the aggregate amount payable, of
principal and interest, in any year shall be equal, as nearly as may be,
to what is payable for principal and interest during each of the other
years of such period; and may issue the debentures of the Corporation
for the amounts and payable at the times corresponding with such
instalments, together with interest annually or semi-annually, as may
be set forth and provided in such by-law. Such by-law shall specify Requirements of
the amount to be raised in each year during the period of the currency DV-law-
of the debt, which shall be sufficient to discharge the several instalments of principal and interest accruing due on said debt, as the said
instalments and interest become respectively payable according to the
319 Vancouver Incorporation.
64 Vict.
When the rate imposed by by-law may
be reduced by by-
terms of said by-law, and in cases within this section it shall not be
necessary that any provision be made for the creation of a sinking
fund.
111. In case in any particular year one or more of the following
sources of revenue, namely: (1) The sum raised by the special rate
imposed for the payment of a debt and collected for any particular
year; and (2) the sum on hand from previous years; and (3) any sum
derived from such particular year from the surplus income of any
work, or for any share or interest therein applicable to the sinking
fund of the debt; and (4) any sum derived from the temporary investment of the sinking fund of the City, or any part of it, and carried to
the credit of the special rate and sinking fund accounts respectively,
amount to more than the annual sum required to be raised as a special
rate to pay the interest and the instalment of the debt for the particular
year and leave a surplus to the credit of such accounts or either of
them, then the Council may pass a by-law reducing the total amount
to be levied under the original by-law for the following year, to a sum
not less than the difference between such last-mentioned surplus and
the annual sum which the original by-law named and required to be
raised by special rate.
itein 112. Such a by-law shall not be valid unless it recites: (1) The
amount required by the original by-law to be raised annually; (2) the
balance of such amount for the particular year or on hand from former
years; (3) the surplus income of the work, share or interest therein
received for such year; and (4) the amount derived for such year from
o be any temporary investment of the sinking fund; nor unless the by Jaw
names the reduced amount to be levied under the original by-law in
such following year.
13. In case the Council desires to make an anticipatory appropriation for the next ensuing year in lieu of the special rate for such
year, in respect of any debt, the Council may do so by by-law, in the
manner and subject to the provisions and restrictions following:—
What funds may be     (1.) The Council may carry on the credit of the sinking fund account
so annronriaten. i
of the debt as much as may be necessary for the purposes
aforesaid: (a) Of any money at the credit of the special rate
account of the debt beyond the interest on such debt for the
year following that in which the anticipatory appropriation is
made; (b) and of any money raised for the purpose aforesaid,
by additional rate or otherwise; (c) and of any money derived
from any temporary investment of the sinking fund; (d) and of
any surplus money derived from any corporation work, or any
share or interest therein; (e) and of any unappropriated money
in the treasury; such moneys respectively not having been
otherwise appropriated:
320
io appropriated.   1900.
Vancouver Incorporation.
Chap. 54.
(2.) The by-law making  the  appropriations shall distinguish the The sources and
several sources of the amount and the portions thereof to be st^ed?*101110  °
respectively applied for the interest and for the sinking fund
appropriation of the debt for such next ensuing year :
(3.) In case the moneys so retained at the credit of the special rate When moneys re-
account and appropriated to the sinking fund account from all ya™elyratentay'be**
or any of the sources above mentioned, are sufficient to meet suspended for the
j.i       •   i •       p      i •   , • i •   i o       i .       ensuing year,
the sinking iund appropriation and interest tor the next ensuing
year, the Council may then pass a by-law directing that the
original amount for such next ensuing year be not levied.
114. Such by-law shall not be valid unless it recites:— By-law must recite—
(1.) The original amount of the debt, and in brief and general terms The original debt
the object for which the debt was created:        j and object;
(2.) The amount (if any) already paid off the debt': The amount paid;
(3.) The annual amount of the sinking fund appropriation required The annual amount
in respect of such debt: for sinking fund:
(4.) The total amount then on hand of the sinking fund appropria- The amount for sink-
tion in respect to the debt, distinguishing the amount thereof ing un  in  an
in cash in thetreasury from the amount temporarily invested: -
(5.) The amount required to meet the interest of the debt for the Theamount required
next year after the making of such anticipatory appropriations:
(6.) That the Council has retained at the credit of the special rate And that it is re-
account of the debt a sum sufficient to meet the next year's serve ' e '°°
interest (naming the amount of it), and that the Council has
carried to the credit of the sinking fund account a sufficient sum
to meet the sinking fund appropriation (naming the amount of
it) for such year.
115. The Council shall keep in its books two separate accounts, one Two special accounts
for the special rate and one for the sinking fund, or for instalments of to        pt:
principal of every debt, to be both distinguished from all other accounts rates.
in the books by some prefix designating the purpose for which the debt (2) For the sinking
was contracted, and shall keep the said accounts with any others that 0f principal,
are necessary, so as to exhibit at all times the state of every debt and
the amount of money raised, obtained and appropriated for payment
thereof.
116. If after paying the interest of a debt and appropriating the When surplus may
necessary sum to the sinking fund of such debt, or in payment of any year'^interest^and
instalment of principal for any financial year, there is a surplus at the to sinking fund,
credit of the special rate account of such debt, such surplus shall so
remain and may be applied, if necessary, towards the next year's
interest; but if such surplus exceeds the amount of next year's interest,
the excess shall be carried to the credit of the sinking fund account, or
in payment of the principal of such debt. Chap. 54.
Vancouver Incorporation.
64 Vict.
Application of
moneys  with con
sent of Lieut.-Gov
ernor in Council.
Council may apply
other funds towards
such debts.
Produce of special
-ate in respect of
my debt may be
117. The Lieutenant-Governor in Council may, upon proper cause
being shown, order and direct that such part of the proceeds of the
special rate levied and at the credit of the sinking fund account, or of
the special rate account as aforesaid, instead of being so invested as
hereinafter provided, shall from time to time, as the same shall accrue,
be applied to the payment or redemption, at such value as the Council
can agree upon, of any part of such debt, or of any of the debentures
representing or constituting such debt, or any part of it, though not
then payable, to be selected as provided in such order; and the Council
shall thereupon apply, and continue to apply, such part of the proceeds
of the special rate at the credit of the sinking fund or special rate
accounts, as directed by such order.
118. The Council may appropriate to the payment of any debt the
surplus income derived from any public or Corporation works, or from
any share or interest therein, after paying the annual expenses thereof,
or any unappropriated money in the treasury, or any money raised by
an additional rate; and any money so appropriated shall be carried
to the credit of the sinking fund of the debt, or in payment of any
instalments accruing due.
119. If any part of the produce of the special rate levied in respect
of any debt, and at the credit of the sinking fund account or of the
special rate account thereof, cannot be immediately applied towards
paying the debt by reason of no part thereof being yet payable, the
Finance Committee of the Council shall from time to time invest the
same in Government securities, repurchases of City debentures, or in
first mortgages, on improved real estate held and used for farming
purposes, and being the first lien on such real estate, or in repurchase
of local improvement debentures of the City, or in such other manner
as the Lieutenant-Governor in Council may by general or special order
direct, and from time to time may re-convey and release mortgages and
securities under the seal of the Corporation as such securities mature,
and may re-invest in other like securities. No sum so invested in
mortgages shall exceed one-half of the value of the real estate on
which it is secured, according to the last revised and corrected assessment roll at the time it is invested. All securities, mortgages and
moneys now vested in or held by the trustees appointed under section
170 of the " Vancouver Incorporation Act, 1886," on behalf of the City
of Vancouver, are hereby declared to be vested in the said City of
Vancouver, without any assignment or conveyance thereof, and shall
be dealt with by the Finance Committee of the Council of the said City
as hereinbefore provided for the investment of any moneys to the
credit of the sinking fund accounts.
120. The Finance  Committee of the Council  of the  City
regulate the manner in which such investments shall be made.
322
may   Vancouver Incorpora
The Council may direct by by-law that any surplui
moneys
lrplus moneys in
il may deal
other purpose, shall be credited to the sinking fund account of any wit
debenture debt of the City, and the Council may invest such sinking
fund account in any of the securities named in and according to the
provisions in that behalf.
123. No member of the Council shall take part in, or in any way Member of Council
be a party to, the investment of the sinking fund otherwise than is tofnv^m^t T^
authorised by this Act, or by any other law in that behalf made and sinking fund other-
provided, and.such member so doing shall be held personally liable for bj'lct.^ authorised
any loss sustained by the City.
133^. Ipthe event of ^any real _es£a
the provisTonsoLi
iStette m°rigage,d to the City under Power of Council to
i/i^nww u«comftigve^r^^^iie^ity.by virtue of ™op^t™ortgaged
a suit of foreclosure, or by conveyance or sale, or in the event of the
Finance Committee of the Council of the City deeming it advisable to
exercise the power of sale in any such mortgage, it shall be lawful for
the Council to convey, under the seal of the Corporation, and to vest
any such real estate in a purchaser thereof, without passing a by-law
authorising such sale or submitting the same for the assent of the
electors.
124. Notwithstanding  anything  now  contained  in  the  by-laws Power of Council t
passed in pursuance of the powers contained in the preceding sections, tures "etc deb6n"
it shall be lawful for the Council, by resolution at any time or from
time to time, to provide for the issue of new debentures for the purchase of the whole or any portion of the debentures issued under any
by-law as aforesaid, at such rate or rates of interest respectively, not
greater than five per cent., as they may think fit, and to make the
same and interest thereon payable at such place or places respectively
as they may think fit, and to make and enter into any agreement or
agreements with the purchaser or purchasers of the said debentures,
or any of them, for the re-purchase or redemption of them, or any of
them, in such manner and upon such terms and conditions as may be
agreed upon with any such purchaser or purchasers,    /^ct <r^L^a_^l['
Powers of Council to pass By-laws.
125. The Council may from time to time pass, alter and repeal Council may make
by-laws:— by-laws.
(1.) For  purchasing,  acquiring,  constructing  and   operating   and For purchasing, etc.
works, whether the source of supply or the power required be light works, and
situate within or without the limits of the City, and regulating ofUsupplyi?n?etc
the conditions and terms under which the same may be supplied
or used, and any materials, plant and building in connection
with the same or appurtenant thereto, and for leasing and
extending the same:
V 323 Vancouver Incorporation.
64 Vict.
For acquiring, etc.,
For constructing,
etc., street railway,
electric railway,
tramway, ferries,
B. C. Electric Ry.
Co., Ld., N. W.and
Burrard   Inlet   Tel.
Co., Vancouver Gas
Company.
etc.,
o B. C. Electric Ry.
Co., Ld., or Van-'
couverGasCo.,etc,
until price fixed by
by-law and submitted to company.
Companies  may r
fuse or accept pric
bitration.
(2.) For acquiring, by purchase or otherwise, any street railway,
electric railway, tramway, ferries, and material, buildings, plant I
used in connection therewith or appurtenant thereto, and for
operating, constructing and maintaining and leasing the same:
(3.) For constructing, operating, maintaining, leasing a street railway, electric railway, tramway and ferries, and all buildings,
material and plant used in connection therewith or appurtenant
thereto, and extending and leasing the same : jj^OaW^^^J^ I
(4.) For supplying water and light to the citizens,/and for the \
recovery of moneys due for water rates, or for the supply of
water to consumers; for rates and for supply of light to consumers, and the enforcing of the payment of such moneys or
rates by making the same a charge on the lands of the owners
or tenants using the water or light, and enabling the same to
be recovered in the same manner as overdue taxes: Provided
that nothing in this sub-section shall be held to impair or
prejudice the rights now vested in the British Columbia
Electric Railway Company, Limited, or the New Westminster
and Burrard Inlet Telephone Company, or the Vancouver Gas
Company, by any Statute in force or requirements under any
agreement or agreements with the City:
(5.) Provided that the'Council shall not, with the exception herein-
r after stated as to tramways upon unoccupied streets of the
City, pass any by-law for the purpose of purchasing, acquiring,
constructing, operating or maintaining any works similar to
those now carried on by the British Columbia Electric Railway
Company, Limited, or the Vancouver Gas Company, or by
virtue of which the City will become a competitor in the
business carried on by such companies, or either of them, until
the Council has, by by-law, fixed the price which they will
offer for the property of the company or companies whose
operations will be thereby interfered with, nor until thirty days
have elapsed after such notice of such price shall have been
communicated to such company or companies:
(6.) Upon such by-law being passed and notice thereof given to the
said company or companies, they may either accept or refuse
the same, or give notice to the Council that they will require
the purchase price of their property to be submitted to
arbitration:
(7.) In case the notice referred to in the preceding sub-section be
given by such company or companies, the price to be paid for
such property shall be referred to the award of three arbitrators, one to be appointed by the parties giving the notice,
one by the Council, and the third to be either agreed upon
between the arbitrators appointed by the parties or to be
324 Cus-O1-- rV~\J "-*
PV^ajT/ist
~        JJ-OsQ
& IllakZl
ivctUji
*"?
(fj iXl/l^fi OsUCcf.
pJlAj$xrv\s<>   <Vn/    Lo~^pL&\
C&-h aJje^J.
l^-t^L>-C^_  ~"1
900. Vancouver Incorporation. Chap. 54.
named by a Judge of the Supreme Court of British Columbia,
and thereupon the arbitrators shall proceed, and the provisions
of the " Arbitration Act" shall apply to such arbitration in all
matters not herein specifically provided for:
(8.) In the event of the company or companies to whom such notice *f company accept
is given accepting the price fixed by the said by-law or in the pay lame before fur-
event of an award being made under the arbitration herein- tner proceedings,
before referred to, such price shall be paid or secured before
any further proceedings are taken by the Council under the
powers^contained in the preceding seven sub-sections of this Act:
(9.) If such company or companies refuse the price offered by the If company refuse
City, or if, at the expiration of thirty days from the time that mav proceed to exer-
notification of the price offered has been delivered, they fail to clse Powers> etc-
accept such price, or within the period aforesaid fail to give
the   notice   requiring an  arbitration as  aforesaid,  then  the
Council may proceed forthwith to exercise the powers conferred upon them by the first four of the preceding sub-sections
to this section of this Act:
sections of this Act shall have no force or effect whatsoeve
favour of the Vancouver Gas Company if the said company i* company charge,
shall charge more than two dollars and fifty cents per thousand
cubic feet for gas supplied by them, nor in favour of that part
of the undertaking of the British Columbia Electric Railway
Company, Limited, which pertains to the business of electric
lighting, if the said company shall charge any citizen more
than one cent per hour for sixteen-candle power lamp for
electricity supplied by the said company for lighting purposes;
and in the event of such companies, or either of them, making
charges in excess to the above rate the Corporation shall have
the right to construct, purchase, maintain and operate gas or
electric light works, or both, and supply the inhabitants of the
City therewith, without first offering a price for the works of
any company charging such excessive rate as aforesaid:
(11.)  Provided, however,  that the  Council may enter into the Power of Council to
lighting of the  public streets,  highways, public places and greets1 etc   'upon
buildings  with   electric  light  at  any  time  upon  their  first flrst acquiring, etc
acquiring any boilers, engines, dynamos, poles, wires and all
other arc lighting plant then being utilised in the lighting of
the streets of the City by the said the British Columbia Electric
Railway Company, Limited, the price to be paid for such plant,
and the preliminary steps to be taken for the acquiring of the
same, are to be the same as hereinbefore provided with reference
to the compulsory purchase of the other portions of the undertaking company:
325 Chap. 54.
Vancouver Incorporation.
64 Vict.
If City desirous of
constructing street
etc., or lighting any
portion of City not
occupied, or lighted
by B. C. Electric
Ry. Co., Ltd., Council shall give company option, etc.
If Company declines
option, Council may
pass by-law, etc.,
authorising con-
If Company refuse to
construct any portion of lines, City to
have right to use
portion <5f railway
(12.) Provided, also, that in case the City should at any time hereafter be desirous of constructing street railways or tramways
on any one or more of the streets of the City not occupied by
the tramways or street railways, or lighting any portion of the
City not lighted by the works of the British Columbia Electric
Railway Company, Limited, the Council shall, before taking
any other step in that direction, give to the said company the
option of constructing such proposed street railway or tramway
upon such street or streets, or lighting such portion of the City,
upon terms and conditions similar to those provided by the
terms of section 25 of the agreement dated the 11th day of
February, 1889, and made between the City and the Vancouver
Street Railway Companies, Limited, which option shall be open
to acceptance by the company for a period of thirty days after
it has been communicated by the Council to the company, and
if accepted by the company then such company shall proceed
with the construction and operation of the said street railway
or tramway on the said street or streets or the construction of
the lighting works within a reasonable time.
(13.) If the company declines to accept said option referred to in the
next preceding sub-section, or if, after acceptance, the company
fails to construct the said railway or lighting works within a
reasonable time, then the Council may pass a by-law authorising the City to construct, equip, operate and maintain the said
railway or tramway or lighting works on and over such street
or streets; but no such by-law shall be acted upon by the
Council until it shall have been submitted to and have been
ratified by a similar vote of the ratepayers as is hereinbefore
provided with respect to by-laws requiring the assent of the
electors:"
(14.) In the event of the company refusing to construct any portion
or portions of the lines hereinbefore specified, or such other
street railway as provided for herein, the City then in that case
shall have the right to use a portion of the railway track of the
British Columbia Electric Railway Company, Limited, not to
exceed two blocks, and shall pay therefor such annual sum or
such proportion of cost of maintenance of such track as may be
agreed upon by the City and the company ; and in case they
cannot agree, it may be awarded by arbitration as aforesaid.
And in case the City shall refuse or fail to pay such annual
sum, or such proportion of the cost of maintenance so awarded,
as and when the same shall become due, then and in such case
the City shall not have the right to use the track of the company while such sum shall remain unpaid :
(15.) For authorising any gas, water, telephone, electric light, district
messenger, power, heating, tramway, street railway company,  ^^cJC&^eL   AAA.   tr\/ tTK    ^Mjl 1900.
Vancouver Incorporation.
Chap. 54.
to lay down pipes, erect poles, string wires under or over the
public streets, lanes or squares, and to operate the business connected therewith for a period of years, subject to such regulations and such terms of payment for the privilege as the Council
sees fit: Provided that no gas, water, telephone, electric light,
district messenger, power, heating, tramway, street railway
company shall have any powers or right to lay down pipes,
erect poles, string wires or in anyway interfere with the streets,
lanes and squares of the City, or operate any business in the
City connected therewith, unless a by-law has been passed
under the provisions hereof granting permission to do so and
containing the terms and regulations under which the same
may be done and terms of payment to the City therefor:
(16.) For the contracting for the supply of gas or electric lighting For contrac
for street and public purposes of whatever kind for a term of supp y ° gc
years not in the first instance  exceeding  ten years, and for
renewing such contract from time to time for such period not
exceeding ten years, as the Council may desire :
(17.) For compelling every electric railway company operating its Por compel
railway in the City to provide proper and sufficient car accom- pany to pro
modation for passengers and the public
for limiting the number of passengers allowed to be carried
any one car at any one time :
(18) ftS ffrife^he^ecfew3fefe^
alicrto'Tevy a chargetoaef ray the cost thereof:
ofefecl
Sunday Observance.
(19.) For the prevention of sales, or exposing for sale, or offering Prevention of sales
for sale, or the purchase, of any goods, chattels or other personal oa  imdavs'
property whatsoever, excepting the selling of milk, drugs or
medicine on Sundays, and for the closing of saloons, hotels and Closing saloons, etc.
stores and places of business during such hours, and on Sunday,
as may be thought expedient:
(20.) For prohibiting the keeping open of barber shops and laundries Closing barber
on Sunday, and during such hours of each night as may be shoPs-
thought expedient:
Public Morals.
(21.) For preventing the sale or gift of intoxicating drinks, cigarettes Sale of liquor, etc.,
or cigars to a child, or apprentice, or servant, without the con-   ° c I  ren' e
sent of the parent, master, or legal protector:
(22.) For preventing the posting of indecent placards, writings, or Posting of indecent
pictures, or the writing of indecent words, or the making of Placards-
indecent pictures or drawings on walls or fences in streets or
public places within the limits of the City:
327 renting employers to houses of
Disorderly houses.
(260
Horse racing.
(27.:
Gambling houses.
(28.
Exhibitions,
ing alleys, e
' Duties of health officers and scavengers.
Chap. 54. Vancouver Incorporation. 64 Vict.
(23.) For preventing the employment of boys under the age of eighteen years as messengers to or from houses of ill fame, immoral
resort or disorderly houses :
(24.) For regulating the hours during which children under (to be
fixed by the by-law) years may be on the streets without
their parents or guardians:
(25.) For preventing vice, drunkenness, profane swearing, obscene,
blasphemous, or grossly insulting language, and other immorality and indecency:
) For suppressing disorderly houses and houses of ill-fame:
) For preventing or regulating horse-racing and gambling:
For prohibiting and suppressing  gambling  houses, and for
seizing and destroying faro banks, rouge et noir, roulette tables,
cards, dice and other devices for gambling found therein, and
for defining in such by-law what shall be meant by the terms
gambling and gambling houses, and the procedure to be adopted
for the purpose of suppressing and prohibiting the same:
(29.) For preventing or regulating exhibitions, bowling alleys, and
other places of amusement:
(30.) For^estraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street, highway or public
place within the limits of the City :
(31.) For preventing indecent exposure of the person, or other
indecent exhibitions:
(32.) For preventing or regulating the bathing or washing the
person, and the dress to be worn by bathers in any public
water in or near the City:
(33.) For the inspection of public bathing-houses and boat-houses,
or premises wholly or partly used for bathing or boat-house
purposes:
Public Health.
(34.) For providing for the health of the City, and against the
spread of contagious or infectious diseases, and for regulating,
with a view of preventing the spread of infectious diseases, the
entry or departure of boats or vessels at the port of Vancouver,
and the landing of passengers or cargoes from such boats or
vessels, or from railroad carriages or cars, and the receiving of
passengers or cargoes on board of the same: jL, QjkJ/Ju
(35.) For prescribing the duties of the health officers and scavengers,
and for defining the limits within which each scavenger shall
perform his duties:
(36.) For regulating the construction of dwelling houses and lodging
houses, and for fixing, and from time to time varying, the
328 c^itvj AV
AUhMkJLei
ACs^ £*
~n ccJ^i
^■^'r^*      l.   d f    j   r Ifl
OL
viru t^JUJjUAp,   C<nA^J^<-
ir^uMA Vancouver Incorporation.
Chap. 54.
(39.
(40.
number of persons who may occupy or be received in such How many persons
dwelling houses or lodging houses : may °°      '
(37.) For promoting cleanliness and ventilation in such houses : Cleanliness and ven
tilation.
(38.) For the well-ordering of such houses, and for prescribing gen- Sanitation,
erally the sanitary conditions and requirements which shall be
observed and complied with by persons letting or occupying
dwelling or lodging houses:    .    .r_ , ^ A~- ^^^ ^-  yO-LjLtct
For regumtogtnesizeof dwelling rooms, and the number of Dwelling roomsKA^J
persons who may dwell therein:
Ctrvv^a/T cry.
.) For prohibiting or regulating the construction or use of build- Laundries,
ings for laundries, and for ordering the removal of laundries
from any particular locality when, in the opinion of the
Council, such laundries are a nuisance or eyesore to such
locality, and for limiting the localities in the City where such CMAJJ
laundries may be carried on, and for regulating and preventing
the washing, drying and airing of clothes, linen, or other
materials of the like nature, in the open air in any part of the
City, within sixty feet of any street or highway, and for compelling the removal of all wooden and other structures now
erected, and for regulating and preventing the erection or
construction of all wooden and other structures or erections on
the outside of any building, or on any lot or piece of ground in
any part of the City within sixty feet of any street or highway, for the purpose of, or that may be used for the washing,
drying or airing in the open air of any clothes, linen, or other
materials of the like nature:
(41.) For regulating or preventing the encumbering, injuring or Fouling of wharves,
fouling by animals, vehicles, vessels, or other means, of any
public wharf, sewer, shore, river, or water, or any road, street,
square, alley, lane, bridge, or other communication:
(42.) For establishing, protecting, regulating and cleansing public Wells and reser-
and private wells, reservoirs, and other public and private conveniences for the supply of water, and for closing public and
yN.    private wells, and preventing the fouling of same.
(43.) For the construction, superintendence, maintenance and regula- Drainage and sewer-
tion of drainage and sewerage works, and all connections there- °
with, and for arranging and settling with any owner or owners
of real property the terms and conditions under which the
sewer, and all connections therewith, may be constructed or laid
through his or their land; and to construct and lay under such
land as the Council may deem necessary drains or sewers, and
all connections therewith: Provided always, that the power to
lay and construct in this sub-section is only conferred, and can
only be exercised by the Council, in the event of there not
329 Vi
In
ad j
64 Vict.
which the
use for the puq
■' lots, whethe
ined (wheth(
the
dn
ali
equn
3d i
t for t±» »»,»£ such sewer or drain, and for
regulating the time or times and manner in which the same is
to be paid, and for providing for the recovery thereof from the
owner or occupier in the same manner and under the same
regulations as in the case of overdue taxes:
(45.) For the charging of all persons who own or occupy property,
whether vacant or otherwise, with a reasonable rent for the
use of any water main, drains, sewers or pipes, and for assessing
the property adjacent to any water main, drains, sewers or
pipes with a reasonable proportion of the cost fc&SeoI, calculated
on the basis of the frontage of the property, whether the water
from such main or pipes is used on the property or not; and for
assessing the owners of property fronting on any road, street or
lane with the cost of watering the said road, street or lane,
and for making such assessment a charge on the property so
fronting: ^ oUcUU^l  <U+ *
(46.) For preventing or regulating the keeping of cows, goats, pigs,
and other animals, and defining limits within which the same
maybe kept: 0^ (MA\j^(4m^    l^l'D     Vi}t>^7
(47.) For regulating the keeping of horses, and defining the
structure, materials and class of buildings in which horses may
be kept: JuULOtAMMA^VJUA^ [0
(48.) The Council may, by resolution or by by-law, declare any
building, structure, or erection of any kind whatsoever; or any
drain, ditch, water-course, pond, surface water, or any other
did
ldds
to the public safety or health, and may,
resolution, as may be directed therein, ordei
be removed, pulled down, filled up, or other
the owner, agent, lessee or occupier thereof,
determine, and publication of such »auoe i
days in any daily newspaper published in ti
and sufficient service of such i&fcwe^ipon
ancilmay
>d of five
npl
{30 g dj   \Aajl \j<yiuyLt   U> aMa iArvri
K
5
fjs   (All  f^eAA^sVi^    H^-i^, u^j. </v   (JZ^u^UAsU (jk [dAUrJALLA^
Ifi  W   lyUAAMA^eyi  fi^A^&A>
o-*- (Uxisuyk-uJ^  Iauaa^j n^iCLclc i^Mt &aaU IU>u^a^/
n  C*j%-^^u^£Co^c^  fun**.   Uu,
Yyi chaasvujaj Ua ^Uy^LuU
irX^rt^A.   \A\~L    H^tr>^Z-^0    IT
LU
MAUL     tt*SUL>  \fL    bA><^^OAXJL   EUs?e~C<}
^Jb
r^aL++J Ma    f^ffk**
W  Vancouver Incorporation.
Cha
54.
of five days, to order that such removal, pulling down, filling
up, or other dealing with the same shall be done by any officer
of the Corporation at the cost of such owner, and payment of
such cost, and all expenses incidental thereto, may be enforced
against the owner thereof by such officer in an action in any
Court of competent jurisdiction :
(49.) When in the opinion of the Council it is necessary for the prevention of the spread of any contagious or infectious disease,
the Council may by by-law or resolution direct that any build-
ingsTtenements, clothing or personal chattels shall be immediately
destroyed by the owner thereof, and in case of default of such
owner to comply with such order the said buildings, tenements,
clothing or personal chattels shall be destroyed by an officer
appointed by the Council of the Corporation for that purpose:
(50.) For compelling the owner, lessees and occupants of real
property within any defined area to fill up or close any wells,
cellar excavations, water closets, privies, privy vaults or cesspools, the continuation of which may, in the judgment of the
Health Officer, be dangerous to health:
(51.) To regulate, clean, repair, amend, alter, widen, deepen, contract,
straighten, divert or discontinue the drains and sewers and all
natural water-courses in the said City; and to prevent the
encumbering of the same in any manner, and to protect the
same from encroachment and injury; and also to determine the
course of all water-courses passing through private property in
the said City, and to regulate all matters concerning the same,
whether the said water-course be covered or not:
(52.) For opening, making, preserving, improving, repairing, widening, altering, diverting, stopping up,and putting down drains,
sewers, water-courses, roads, streets^squares, alleys, lanes or
other public communications within the jurisdiction of the
Council, and for entering upon, breaking up, taking or using
any land in any way necessary or convenient for the said purposes, and for conducting the drains and sewers beyond the
limits of said City for fertilizing purposes ; or into the waters
of English Bay or Burrard Inlet, as is found practicable, and for
entering upon, breaking up, taking or using any land in any
way necessary or convenient for the said purpose, and repairing
and maintaining all bridges :
(53.) For compelling owners and lessees of property to connect the
same with any public sewer or drain or water-works system
owned or constructed by the City, and for compelling or regulating the filling up, draining, clearing, altering, relaying and
repairing of any grounds, yards, vacant lots, cellars, private
drains, sinks, cesspools and privies; and for assessing the owners
331
Power to destroy
buildings, etc., to
prevent spread of
disease.
Opening, making,
ers, roads, alleys, Vancouver Incorporation.
64 Vict.
Further powers for
regulating sewerage,
Tainted poultry,
Inspection and prevention of sale of all
cattle, animals, etc.
Burial of dead.
Cemetery.
or occupiers of such grounds or yards, or of the real estate on
which the cellars, private drains, sinks, cesspools, and privies
are situate, with costs thereof if done by the Council in their
default; and for removing and depositing the refuse, manure,
rubbish and other matter to such place or places as the Council
may determine, which may be taken from any of the places
aforesaid:
(54.) For making any other regulations for sewerage or drainage
that may be deemed necessary for sanitary purposes, including
the closing and preventing the further use of cesspools on or
near all streets where sewers are built:
(55.) For the appointing of inspectors and for the providing for
the inspection of meat, milk, bread, poultry, game, fruit, fish
and other natural products offered for sale for human food or
drink, whether on the streets, public places or shops:
(56.) For regulating the weight of bread, and preventing the use of
deleterious materials in making bread, and for providing for the
seizure and forfeiture of bread made contrary to the by-law :
(57.) For seizing and destroying all tainted and unwholesome^meat,
poultry, fish, fruit or other articles of food jQ/uc^* -ffz
(58.) For providing for the inspection of and preventing the sale of
all cattle>animals, meat, poultry, fish and vegetables offered or
exposed for sale:
(59.) For preventing the sale of adulterated milk, cream, butter and
other articles of food,'and for inspecting all milk, cream, butter
and other articles of rood offered or exoosed for sale: ■*
cuA*. _   i^cMMA4\,QjCLpv+
(60.) For regulating the interment of tnedead :
(61.) For providing for the appointment or election of three Commissioners   to manage  and control the   cemetery or burial '
grounds of the City:
(62.) For providing for the appointment or election of Commissioners,
not exceeding fifteen in number, for the control and management of the City Hospital, and for defining the duties of such
Commissioners :
Markets.
Buying and selling.
(63.) For establishing i
the same :
:ets and stock-yards, and for regulating
(64.) For preventing and regulating the buying and selling of all
articles or animals exposed for sale on the public market or in
the open air:
(65.) For selling, after six hours' notice, butchers' meat, fruit, fish or
other perishable articles, distrained for rent of market stalls:
I'S&A, 4-cUct CkJ^ctsis-d  /Aus-fri
"    /»v 6fAn ~ •    ' i~*A«&** h^ tHf>.a^<
gAJU
J \Axlo^ «^K^.«tW£ ^
iMju 1900.
Vancouver Incorporation.
Chap. 54.
(66.) For preventing or regulating criers and vendors of any meat, Peddling in market,
vegetables,  grain,  hay,  fruit,   beverages,  fish,  poultry,  eggs, e c'
butter, cheese, straw, cordwood, shingles,  timber,  coal,  flour,
lumber, milk, and small ware from practising their calling in
any of the public markets, public sheds and vacant lots, and the
streets and lanes in the City adjacent to the market:
(67.) For granting annually, or oftener, licences for the sale of fresh Licences to sell
meat in quantities less than by the quarter carcass, and for
regulating such sale, and fixing and regulating the places where
such places shall be allowed, and for imposing a licence, not
exceeding fifty dollars, to be paid for such licence, and for
enforcing the payment of the same, and for preventing the sale
of fresh meat in quantities less than the quarter,carcass, unless
by a person holding a valid licence, and in a place authorised
by the Council:
(68.) For preventing the forestalling,  regrating  or  monopoly  of Forestalling, regrat-
market grains, wood, meats, fish, fruits, roots, vegetables and gr|ins, etcL° y °
provisions of all kinds:
(69.) For preventing and regulating the purchase of such things by Hucksters or run-
hucksters and runners within the City :
(70.) For establishing and regulating a public weighing scale or Weighing machine,
scales and for imposing a reasonable fee therefor: OA^eC 5Tj?
(71.) For changing the site of any market place within the City, or Market and market
to abolish any market or markets now in existence, or here- p aces'
after to be in existence in the City, and to appropriate the site
or sites thereof, or any part or parts thereof, for any public
purpose whatsoever, and to establish new markets:
(72.) For determining and regulating the powers and duties of the Market clerks,
market clerks, and all other persons employed by the City in
and about the said markets:
(73.) For imposing, regulating and fixing the rates to be paid by Rents for stalls,
any person or persons selling or retailing any article of food in
or at any of the markets in the City, and for regulating the
conduct of all persons buying or selling in or at any of the said
markets:
(74.) For regulating all vehicles of any kind in which any articles Vehicles in markets,
shall be exposed for sale in any public market, or in any street,
or public place, or square within the City:
(75.) For designating or specifying such place or places within the Abattoirs.
City for, or for preventing and prohibiting within the City
limits, the slaughter of cattle, sheep, lambs, hogs and other
animals usually used for food:
(76.) For imposing penalties for light weight or short count or short Light weight, etc.
measurement in anything vended, and for providing for the
333 Vancouver Incorporation.
64 Vict.
Assessment for
watering and sweeping streets.
Land and bench
seizure and forfeiture of articles sold of light weight, short
count or short measurement:
(77.) For compelling persons to remove snow, ice and dirt from the
roofs of the premises owned or occupied by them, and also to
remove the same from the sidewalks, street, alley or in front of
such premises, and for removing the same at the expense of the
owner or occupant in case of his default.
Streets, Highways and Bridges.
(78.) For assessing land fronting on or the citizens residing in any
particular street, lane, square or section of the City, in any sum
or sums necessary to meet the expense of sweeping and watering \
the said street, lane, square, or section of the City: Provided,
that no less than two-thirds of said citizens residing as aforesaid
in said street, lane, square, or section, shall have first prayed or
demanded to have the same swept or watered:   <&l aVj
(79.) For numbering the houses and lots along the streets of the
City, and affixing the numbers to the houses, buildings, or other
erections along the said streets, and for charging the owners of
each house or lot with the expenses incident to the numbering
of the same:
(80.) For keeping a record of the streets and numbers of the houses
and lots numbered thereon, respectively, and entering thereon
a division of the streets with boundaries and distances for
public inspection:
(81.) For surveying, settling and marking the boundary line of all
streets, roads and other public communications, and for giving
names thereto, and affixing such names at the corners thereof
on either public or private property; and no by-law for altering
the name of any street, square, road, lane, or other public
communication shall have force or effect unless and until the
by-law has been registered in the Land Registry Office in the
City of Vancouver:
(82.) To regulate the width of new streets and roads, and for preventing the laying out or construction of streets and lanes,
unless in conformity with existing streets, roads, or lanes,
without the consent of the Council first obtained :
(83.) For regulating the plans, level, width, surface, inclination, and
the material of the pavement, roadway and sidewalk of streets
and roads:
(84.) For establishing a general grade for the streets, lanes and
roads in the City:
(85.) For establishing and maintaining land and bench-marks in the
City: ^^ <L^60^ ft^oA^j   /^UAO-C^ /OJL^£a^    -VLkJa
.fLu^^uo
skJ (Km^-^cAA^ (B*«  a
/V    iL^AL^C^   O^   CU^^jcU    {<*   f™ ^  ^^^,
!UjcrjL<JU3*r>AAZ ^tA>  ^SaaUj^c fc^W<x>*^3f lcca^
tru&^UAj fP^jfUAM^^ QaaJI Lo A4^i/uIc>Ja LMju & UstAAA &L*^
% pA#iuJ)-J~ /^Ul BAlcM^i r^<Ur^Atu<u^u^v<U ' ^ ^y^A
LicyW, dUCcyyv (jnrusvd (h,OvhiA,p^^C&Cc^y, (TO-e^U (UaaA.
fUj^f/OJuJtCj   tcr^JZotA^f   Co CCAXslf  A^^tX-^t-^Wvt^ p4/W{  I
^AaAaA AjLo-A\A<>  (Xa> PLo ^aat^t/TiALApr\yty^y   tZ AaVu^ /3-&lA,ca
lv^r te^K \>*A,d ; 1900.
Vancouver Incorporation.
Chap. 54.
(86.) For regulating the conveyance of traffic in the public streets, Traffic.
and the width of all tires and wheels of all vehicles used for Width of tires,
the conveyance of articles of burden, goods, wares or merchandise, and for prohibiting heavy traffic and the driving of cattle,
sheep, pigs and other animals on and along certain public
streets and places, and during the hours named in the by-law:
(87.) For preventing immoderate and reckless driving in highways Reckless driving,
or streets, for  preventing the leading, riding or driving of e c'
horses or cattle upon sidewalks or other places not proper
therefor, or for preventing horses or mules in harness, during
the winter season, being driven without bells, and for prevent- Sleigh bells,
ing horses or other animals being left at large or standing on
any of the streets of the City without being sufficiently secured
to prevent them running away:
(88.) For regulating roads and streets, public bridges, and driving Roads, streets and
and riding thereon: n ges'
(89.) For preventing or regulating the erection of and directing and Doorsteps, porches,
requiring at any time the removal of any doorsteps, porches,
railings, sign-boards, or projections into or obstructions in any
public street or public highway in the City, at the expense of
the proprietor or proprietors; and to regulate and ,control
railway companies within the said City, and to enforce the
construction and management of gates, culverts and cattle-
guards on the line of the said railways at the crossing of any
street or streets in the said City, and to enforce the opening
and continuation of any street or streets across the line of any
railway track :^xV   eucLcUsLc^ JLci. 6]^iA*iuM
(90.) For preventing the injury or destroying of trees planted or Shade trees,
preserved for shade or ornament, or boulevards, constructed
with the authority of the Council, and for encouraging the
planting and construction of the same:
(91.) For preventing the pulling down or defacing of sign-boards Sign-boards, post-
and posters, and of printed or written notices lawfully affixed:     '
(92.) For compelling the removal of all existing verandahs erected Verandahs.
on or projecting over any sidewalk within the City, and for
prohibiting and preventing the erection of any verandah:
(93.) For preventing persons from throwing any dirt, filth, carcasses Throwing dirt, etc.,
of animals, or rubbish on any road, lane, street or highway in
the City)   frv *** etlc  ^ru6AjJuru(y Q U? AeuJnnstA^
(94.) For the removal of any obstruction of whatsoever nature or Obstruction on
kind in any of the public squares, streets or places within the
said City, and at the cost of the City or of the parties causing
the obstruction j "I
Vancouver Incorporation.
64 Vict.
(95.) For setting apart so much of any highway, road or street as
the Council deems necessary for the purposes of a bicycle path,
and for inflicting penalties upon any person who rides or drives
a horse or other beast of burden, or drives cattle or other
animals, or a waggon, cart or carriage over or along such
bicycle path:
(96.) For regulating or prohibiting the sale or peddlery of fruits,
nuts, cakes, refreshments, bread, jewellery and merchandise of
all kinds in and upon or along the streets, sidewalks, alleys,
lanes and public squares of the City:
(97.) For permitting and regulating areas, cellars or openings constructed, or to be constructed, in or under sidewalks and streets,
and for making an annual charge for such privilege, and for
the use of such areas, cellars or openings, and for enforcing the
payment of such sums in like manner as municipal taxes; for
providing an indemnity to the City against any claim, loss or
damage which may be occasioned by reason of the construction,
existence or use of any such area, cellar or opening, and for
making the amount of any loss or damage occasioned to the
City thereby a first lien or charge on the lands abutting such
area, cellar or opening.
Regulation of Trade Licences.
Auctioneers.
(98.) For licensing, regulating and governing auctioneers and other
persons selling, or putting up for sale, goods, wares, merchandise, effects, or real estate, by public auction, and for prohibiting
the granting of such licence to any applicant who is not of good
character, or whose premises are not suitable for the business,
or upon the residential or other streets in which, in the opinion
of the Council, it is not desirable that the business of auctioneer •
should be carried on, such disqualifications to be determined by
such means as the by-law provides,-and for determining the
time such licence shall be in force:   z^ # J J   I «     rty
Bagatelle and Billiard Tables.
(99.) For licensing, regulating and governing all persons who for
hire or gain, directly or indirectly, keep or have in their
possession or on their premises any billiard, pool, or bagatelle
table, or who keep or have a pool, billiard, or bagatelle table in
a house or place of public-entertainment or resort, whether such'
pool, billiard, or bagatelle table is used or not:
Bankers.
(100.) For licensing any person carrying on, on his own account, the
business of a banker at one place of business:
336 w
r  Vancouver Incorporation.
Bicydet
(101.) For imposing an annual tax, not exceeding two dollars, on all Bicycles,
bicycles in the City, such tax to be applied in the construction
and maintenance of bicycle paths within the City :
Bill Posters.
(102.) For prohibiting or licensing, regulating and governing and Billposter
defining bill posters and bill posting, and for determining the
time during which such licences shall be in force:
Chimney Sweeps.
(103.) For regulating and licensing chimney sweeps:» (
Exhibitions, Places of Amusement, Etc.
(104.) For preventing or regulating and licensing exhibitions of I
common showmen, wax works, menageries, circus, hippodromes, c
boxing, sparring, theatrical exhibitions, the exhibitions of any
natural or artificial curiosities, and shows of every kind, and
for regulating and licensing buildings used as theatres and for
exhibitions of any kind, skating rinks and other places of like
amusement; for the purpose of this section anyone who appears,
acts or behaves as master or mistress or as the person having
the care, government or management of any such show, exhibition or performance, shall be deemed the owner thereof and
liable hereunder:     n, . iP^tyt aLaaIaua jla
(105.) For preventing or regulating and licensing exhibitions held Bowling alleys,
or kept for hire or profit, bowling alleys, rifle galleries and ga enes' e c'
other places of amusement, and for revoking or cancelling the
said licences at any time during the currency thereof in case of
non-compliance with the conditions on which they were issued:
Dogs.
(106.) For imposing a tax on the owners, possessors or harbourers Dogs.
of dogs, and regulating the keeping of dogs:
Express, Gas, Electric Light, Railway, Investment and Loan
Companies.
(107.) For licensing every express company, gas company, telephone. Licensing expres
company, electric light company, street railway or tramway other companies
company, investment and loan societies, not exceeding one
hundred dollars per annum:
Ferries.
(108.) For licensing and regulating ferries, and establishing the rate Ferries.
of ferriage to be taken thereon: Vancouver Incorporation.
64 Vict.
Gunpowder.
(109.) For prohibiting or regulating and granting licences for carrying on the business of storing of gunpowder or other explosive
substances in quantities more than twenty-five pounds :
Hawkers.
(110.) For licensing, regulating and governing hawkers, pedlars, nr
petty chapmen, and other persons carrying on petty trades, or
who go from place to place, or to other men's houses on foot,
or with any animal bearing or drawing any goods, wares or
merchandise for sale, or in or with any boat, vessel or other
craft, or otherwise carrying goods, wares or merchandise for
sale, and for fixing the sum to be paid for a licence for exercising such calling within the City, and tha. time_ foij w,hich the^ fc
licence shalTDe in force^$heswora
shall include all persons who, being agents for persons not
resident within the City, sell or offer for sale tea, dry goods,
clothing, watches, plated, silver or other ware, furniture, carpets
upholstery, millinery, or jewellery, or carry and expose samples
or patterns of any such goods to be afterwards delivered within
the City to any person not being a wholesale or retail dealer
in such goods, wares or merchandise; or carry and expose
samples o^patterns, or quote prices for the purpose of selling
any goods to be afterwards delivered within the City to any
person:
(111.) For licensing, regulating and governing transient traders
and their agents who occupy premises or trade in the City for
temporary periods, and whose names have not been duly
entered on the assessment roll for property of the assessed
value of two thousand dollars for the then current year:
Insurance Companies
.iL^xi.
(112.) Foxii<jensing-aa^Hregulaiing-ins :
(113.) For licensing trading stamp companies, bonus and discount
companies, and for taxing persons, corporations and firms using
such trading stamps:
InteUigm
Offic
: lie
r suita
registering the name!
to, or procuring laboi
for employers in w
names and residences
any other class of se
ces of, and giving h
ten, clerks or other
same, and for regis
nfo
lothe
labc  "I
\1{    QJLI   QV^aJA^(Iaai*JLA^J      f^l Vancouver Incorporation.
Chap. 54.
employment, and for fixing the fees to be received by the
keepers of such offices:
(115.) For the regulating of such intelligence offices: - Regulating of.
(116.) For limiting the duration of or revoking any such licence :      Licence.
^(117.) For prohibiting the opening or keeping of any such intelli- Licence necessa
gence office within the City without licence :
Junk Shops.
(118.) For licensing and regulating second-hand stores, junk stores Junk shops,
or shops, and fixing the sum to be paid for such licence, and for
determining the duration of or revoking any such licence, and
for prohibiting the granting of such licence to any applicant
who is not, in the opinion of the Council, a 'fit and proper
person to receive such licence :
Liquor Licences.
(119.) For determining a fee or duty upon every licence for the Liquor licences,
sale, within the City of Vancouver, of spirituous, fermented, or
other intoxicating liquors, to be paid to the Corporation for
purposes of municipal re
j3$$%n9
Hoi
(120.) For licensingytnd<rej
of suchnousesjjbutsot
hlating lodging houses, and the keepers Lodging houses.
o,^u.£^r3ratmosucn by-law shall permit to be let
or occupied as a dwelling any room unless the following requirements shall be complied with, that is to say: (1.) Unless such
room contains, at all times, at least three hundred and eighty-
four cubic feet of space for each person occupying the same;
(2.) Unless such room has a window made to open at least two *
feet square: A~ti flAAA-e<*»{AMA*AA I °f / 6 /T-0*—*
Milk and Milk Dealers.
(121.) For licensing and regulating milk vendors : Milk and milk
dealers.
Opium,
any
(122.) For prohibiting,, licensing, and regulating the sale of opium,. Opium,
except where same is sold in the preparation of prescriptions
of duly qualified medical practitioners, by chemists and druggists :
Pawnbrokers.
(123.) For licensing,  regulating  and  governing  pawnbrokers  or Pawnbrokers,
dealers in second-hand goods, wares and merchandise in the
City:
Plumbers.
(124.) For licensing and regulating plumbers, and for providing for Plumbers,
a Board of Examiners of and the= granting of certificates of
w 339 Vancouver Incorporation.
64 Vict.
efficiency to plumbers, and to prohibit plumbing by persons not
possessing such certificates, or carrying on their business contrary to the by-law:
Runners.
(125.) For preventing persons in streets or public places from importuning others to travel in or employ any vehicle, or go to any
tavern, hotel, or boarding-house, or for regulating persons so
employed:      I ^ ~ J+iru tC^lMAUM-Cj aW, \t,CMjLaX*AA <h ^MHGAJMk
Scavengers. '
J>b*MM-\   Uas^aAjsQ.
(126.) For regulating and licensing scavengers :
Stevedores.
(127.) For licensing every person who carries on the occupation of
a stevedore, or who takes contracts to load and unload ships
within the City:
,*>/£
Traders (Wholesale <
rid Retail).
(128.) For regulating and licensing any person carrying on a
business of a wholesale, or of a retail, or wholesale and retail
merchant and trader:
Vehicles and Livery Stables.
(129.) For regulating and licensing teamsters, carters and draymen,
and regulating the charges for the conveyance of goods or for
other services:
(130.) For regulating and licensing the owners and drivers of stage
coaches, livery, feed and sale stables, and of horses, drays,
express waggons, carts, cabs, carriages, ornniDusesT^anaother
vehicles used for hire; for establishing the rates of fare to be
taken, and for enforcing the payment thereof; and for authorising and assigning stands for vehicles kept for hire on the
public streets and places; and for authorising the erection and
maintenance of covered stands .or booths on the streets, highways and public places for the protection and shelter of the
drivers of such vehicles: Provided that no such booth or covered
stand shall be placed upon any sidewalk without the previous
consent of the owner or lessee of the property fronting, abutting
or adjoining such stand or both: /n^x^v^tW^ 14 if
(131.) For fixing the fee to be paid for every licence required under
by-laws passed under this section; for revoking any licence so
granted whenever the Council, dfrgSaaauu QuiiuuillfiCo, deems
such revocation desirable, without stating any reason therefor;
but in case of the revocation of a licence under any such bylaw, the Treasurer of the City shall refund to the licensee such r^a/>£OCtA0    tC^COLA  ct*A4>l tA^^tJjJ^^ 1
QUsuUaJ^-A \^ ^AAWtAAAX Oft &AjJuM -& TtLuaaJm^U  ^^O
6k fc^ftAiAJ-C* &laJl fk CuAJ^lX^atxa^ oa^cI oJaZx^^aZa?-  ^y^ Vancouver Incorporation.
Chap. 54.
proportionate part of the licence fee as will represent the unexpired portion of the term for which the licence was granted,
unless such revocation is occasioned by. a breach of the law
having been made by the licensee :    &JLI &/fAA^(iLlA/J/Jl~C ^
(132.) The granting or refusing a licence to any person to carry on Granting of licence
a particular trade, calling, business or occupation under any of Council6 10n °
the powers herein contained shall be deemed to be in the discretion of the Council-'mi,Mlu.'tiiuu .(JuuamiUmj Uminjinifr and the
Council, mi' TTin — f 11111111T'<i^MIM1^ shall not be bound to state any
reason for the granting or refusing any such licence :
(133.) For the appointment of a Licensing Inspector and defining Licensing Inspector,
his powers and duties :   i^t    ytAM^lL^U^ [
Lands, Erection of Buildings and Prevention of Fires.
(134,) For the appointment of a Building Inspector and defining his Building Inspector,
powers and duties :   (^&/M^<M^/y*T jj / //	
(135.) For regulating the erection of buildingSy&nd the distance of Buildings.
AucL ^ffi^amVlroro the centre of the street; prohibiting the erection
of wooden buildings and wooden fences, bill bu7uos^oglraaT-d-/3_jt^ft^U/«*^t<*
ings in specified parts of the City; and also for prohibiting the I *) ' O
erection or placing of buildings, other than with main or partition walls of brick, or iron, or stone, and roofing of incombustible materials, within specified parts of the City, and for
prohibiting and regulating the erection of buildings within such
specified areas having partitions, internal arrangements, construction or material other than specified in the by-laws for
regulating the repairing of or alteration of roofs or external
walls of existing buildings within the said areas, so that the
said buildings may be made more nearly fireproof; for authorising the pulling down or removal, at the expense of the owner
or owners thereof, of any building or erection which may be
constructed, repaired, or placed in contravention of any by-law,
^wuXor which may, in the opinion of the Council, be dangerous:
/     ' ^136.) For prohibiting the building or erection of more than a cer- Number of buildings
tain number, to be stated in the by-law, of buildings on one lot
or block:
(137.) For prohibiting the erection or keeping of more than a certain Number of tene-
number, to be stated in the by-law, of tenements or dwelling men on one ° '
places, though under one roof, on one lot or block:
(138.) For compelling to be deposited with an officer, to be named Ground plan or
in the by-law, before commencing the erection of any building,    oc  p an-
a ground plan or block plan, elevation and specifications for
the internal and external construction of such building, with
the levels of the cellars and basements thereof, with reference
to a line fixed by the by-law:
341 Brick walls, beams,
3 hap. 54. Vancouver incorporation. 64 Vict.
(139.) For regulating the size and strength of brick walls, beams,
joists, rafters, roofs and their supports, of all buildings to be
erected or repaired within the City and for enforcing observance
of such regulations, and prohibiting the erection or repair of
any buildings being or proposed to be erected or repaired in .
contravention of such regulations : JXv^QMhUJJdMAAt+J l*| |U   (
(140.) For prohibiting the repair of any wooden building within the
area specified by the City, the cost of which shall be more than
one-fifth of the value, in the opinion of the Council, of the building intended to be repaired:
(141.) For preventing or regulating the carrying on of manufactures
or trades that may be dangerous, or that may cause or promote
fires:
(142.) For preventing or regulating the use of fire or lights in stables,
cabinet makers' shops, carpenters' shops, and in places where
combustible materials are kept:
(143.) For preventing and for removing, pulling down or regulating
the construction and cleaning of any chimney, flue or fire-place,
stove, boiler, or other apparatus or thing which may be dangerous in causing or promoting fire or otherwise :
(144.) For regulating the mode of removal and safe-keeping of ashes
and for^prohibiting or regulating the keeping and transporting of gunpowder, coal oil, and other combustible or dangerous
materials:
(145.) For compelling the owners of houses to have scuttles in the
roof thereof, with approaches, or stairs, or ladders leading to
the roof:
(146.) For requiring the owners of buildings to provide fire-escapes
in such manner and time as may be prescribed in such by-law;
and for the regulating the examination of them, and the use of
them at fires; for regulating the size and number of doors in
churches, theatres, halls, or other buildings used for places of
worship, public meetings, or places of amusement, and the
street gates leading thereto, and also the size and'number of
doors, halls, stairs, and other means of egress from all hospitals,
schools, colleges, public buildings, and other buildings of a like
nature, and also the structure of stairs and stair railings in all
such buildings; and the strength of the walls, beams, and joists
and their supports, and for compelling the production of the
plans of all such buildings for inspection, and for enforcing
observance of such:
(147.) For regulating and enforcing the erection of party walls:
(148.) For causing all lands, buildings and yards to be put into a
safe condition in every respect, to guard against fire or other
dangerous risk or accident:
342
iVf
4  / ^<
^(AJUi
^0\(\
I 900. Vancouver Incorporation     , Chap. 54.
(149.) For regulating and enforcing the cutting down of trees that, Trees,
in the opinion of the Council, might be dangerous to life or
property,  the  dealing   and   burning,' or  removing - of-fcree^,
timber, logs or brush from lots or blocks, and for charging the
owner or owners of the properties on which such trees^jamber,   IjU {pM*^
"ogs or brush may be situated, with the expens^and cost of i J &\
cutting down, burning or removing thereof^anafor the recovery   | £] |
of the expense and cost thereof fr^Hfthe owners of the lands
vA^
from off which trees, timbej^logs or brush may be cut down
burnt or removed, inxtne same manner and with the same
powers of recovery^as in the case of overdue taxes, and making
the same a charge on the said lands, with power to sell the said
lands fojp^uje recovery of the said expenses and cost, in the
samMnanner and under the same regulations as in the case of \
trW-sal^-cdvlarids-Jor overdue-taxes':
(150.) For regulating the times during which stumps, wood, logs, Bon fires,
trees, brush, straw, shavings or refuse may be set on fire or
burned in the open air, and for prescribing precautions to be
observed during such times, and for preventing such fires being
kindled at other times :
(151.) For causing vacant lots to be properly fenced and enclosed :   Vacant lots.
(152.) For making regulations for suppressing fires, and for pulling Suppressing fire
down or demolishing adjacent houses or other erections when
necessary to prevent the spreading of fire:
(153.) For regulating the conduct and enforcing the assistance of Conduct and ass
the inhabitants present at fires, and the preservation of prop- ance a    res'
erty at fires:
(154.) For authorising appointed officers to enter at all reasonable Authorising ent
times   upon  any property subject to the regulations of the Premises-
Council, in order to ascertain whether such regulations are
obeyed, or to enfore or carry into effect the same:
(155.) For the regulating and enforcing the owners of lands to Survey of lots a;
survey lots and blocks, their property in the City, with the oc s'
object of accurately locating the streets and lanes of the said
City, and in default of the owners surveying the said lots and
blocks in accordance with the provisions of the by-law, to
provide for the City surveying the said lots and blocks and
locating the said streets, and charging the owners of the land
so surveyed with the cost and the expense thereof, and for the
recovery thereof from the owner or owners, in the same manner
and under the same regulations as in the case of overdue taxes,
and making the same a charge on the said lands, and with
power to sell the said lands for the recovery of the expense and
cost of such surveys, in the same manner and under the same
regulations in the case of sale of lands for overdue taxes:
343
M Vancouver Incorporation.
64 Vict.
Levy for cost of fire
(156.) For regulating the sub-division of City lots and blocks, and
prohibiting the sub-division thereof in contravention of the
by-law:
(157.) For purchasing and maintaining engines and appliances for
suppressing and fighting fires and the protection of life and
property:
(158.) For appointing fire wardens, fire engineers and firemen, and
promoting, establishing and regulating fire companies, hook
and ladder companies, and property-saving companies:
(159.) For the setting apart each year a special fund, and for the
investment thereof, to be called the " City Insurance Fund," in
order to provide against any loss that may be incurred by fire
destroying any of the City buildings or portions thereof, or any
of the personal property of the City:
(160.) For providing medals or rewards for persons who distinguish
themselves at fires, and for granting gratuities to the members
of the fire brigade who may have become incapacitated for
service on account of inj uries or ill-health caused by accident or
exposure at fires, and for granting pecuniary aid or otherwise
assisting the widows and orphans of persons who are killed by
accident at such fires:   QfrfJ^sJUs<L 1 K )"b    f \ b ^S)
(161.) Upon^, petition of a majority of the ratepayers entitled to
vote on money by-laws in any defined area or portion of the
City representing in value more than one-half of the assessed
real property within such portion or area, the Council may
pass a by-law or by-laws for the purchase of a fire engine and
other appliances for the purposes of fire protection; and they
may by the same or any subsequent by-law define, by metes
and bounds, or otherwise, what real property within such area
will be benefited by the proposed fire protection and is to be
charged with the cost thereof; and may also by such by-law
or any subsequent by-law make provision for assessing and
levying on the real property so defined by the by-law the cost of
managing and maintaining the said fire engine and appliances:
(162.) The Council may levy in any one year upon the real property
to be benefited the cost of such engine and appliances or may
issue debentures therefor, payable in annual proportions during
a period not exceeding ten years, with interest as to the said
Council may seem meet and proper, and may levy the amount
payable thereon from time to time upon the real property to
be benefited as aforesaid:
(163.) It shall not be necessary to-submit any of the said by-laws
to a vote of the electors, nor. to comply with the formalities
required only for the purposes of such submission:
344   n
190°- Vancouver Incorporation. Chap. 54.
Aids to Charities and Bounties.
(164.) For establishing and aiding charitable institutions and hospi- Charitable institu-
tals within the City: tions-
(165.) For granting money in aid of agricultural or horticultural, Aid to agricultural
dog or poultry societies,, which hold their exhibitions either and other societies-
within or without the City limits, and for acquiring by purchase or otherwise real property for the purpose of holding
such exhibitions:
(166.) For granting aid to charitable institutions and for the relief Aid to charitable in-
of the poor; and for erecting, leasing, or establishing and main- 8tifcutions and Poor-
taining a poor-house, or house for the aged and infirm, either Poor-house,
within or without the City  limits, for  disabled  or decrepit
persons:    /Lu wbtkU^r^ lV6    U (s>bty)(l(ok ^A
(167.) For granting money in aid of celebrating the birthday of the Aid to celebrations,
reigning Sovereign, the Confederation of the Dominion of
Canada, and in support of or as a contribution to any
exhibition, celebration or gathering to be held for the purposes
of public sports or amusements, or which in the opinion of the
Council may be for the benefit of the City, either within or
without the City:
(168.) For aiding in the establishment or maintenance of a band of Band,
music:
(169.) For offering and paying a reward for the discovery, appre- Rewards,
hension, or conviction of a criminal or any person suspected of
being a criminal, or any person or persons guilty of personation
or corrupt practices:
(170.) For aiding in the establishment or maintenance of institutions Contagious or infec-
for the support of persons afflicted with contagious or infectious tl0us <*Iseases-
diseases:   f~t^ ^L^C/CiaCo
Bonuses, Subsidies and Loans.
(171.) For granting aid by way of bonus for the promotion of manu- Bonuses, subsidies
factures or other industries established within the municipal andloans-
limits by exemption for a period not exceeding ten years from
municipal taxation or water or electric light rate, or any of
them, or in addition by granting such sum or sums of money to
such person or body corporate, and in respect of such branch of
industry as the Council may determine upon, and to pay such
money either in one sum or in annual or other periodical payments, with or without interest, and subject to such terms, conditions and restrictions as the Council may deem expedient, and
may take security therefor. The City granting such aid may
take and receive of and from such person or body corporate
receiving any such aid security for the compliance with the
terms and conditions upon which such aid is given.    But no
345 Vancouver Incorporation.
64 Vict.
Subscribing for
shares of railway o
bridge company.
by-law shall be passed providing exemption from water or
electric light rate unless such by-law provides a limit to the
quantity of water or electric light which is to be exempt.
Nothing herein contained shall authorise the granting of any
bonus or exemption from taxes and water or electric light rates
in favour of any manufactory, industry, undertaking or enterprise that is intended to compete with any manufactory,
industry, undertaking or enterprise already established and
carrying on its operations within the municipal limits unless
such last-mentioned industry or industries has previously
received any aid from the City: ^ q^MxXaa^ 'Ul ff\fyuA
(172.) For aiding by the grant of money, or land, or by exemption
for a period not exceeding ten years from all or any part or
portion of municipal taxation, the bringing or extending any
line of railway, or proposed line of railway, tramway, dyke,
ditch, or canal to some point within the limits of the City, or
for aiding in manner aforesaid, any such railway, tramway,
dyke, ditch, or canal which may be constructed, or be proposed
to be constructed, either wholly within the limits, or partly
within the limits and partly without:
(173.) For subscribing for a number of shares in the capital stock
of, or for lending to or guaranteeing the payment of any sum
of money borrowed by any incorporated railway or bridge
company, or interest thereon, and for exempting the buildings,
wharves and lands on which terminal buildings may be erected,
yards and works of any incorporated railway or bridge company
from taxation for any period not exceeding ten years:
(174.) For endorsing or guaranteeing the payment of any debentures
to be issued by the company for the money by them borrowed,
and for assessing and levying from time to time upon the whole
ratable property of the City a sum sufficient to discharge the
debt or engagement so contracted:
(175.) For the issue for the like purpose of debentures payable at
such times, and for such sums, respectively, not less than twenty
dollars, and bearing, or not bearing, interest, as the Council may
. think meet; and for handing such debentures, by way of bonus
or otherwise, to any such company, or to trustees, on any conditions provided in the by-law:
(176.) For granting bonuses to any railway, bridge, or water-power
company, and for issuing debentures in the same manner as in
the preceding sub-section provided for raising money to meet
such bonuses :
(177.) For subscribing for a number of shar
of or subsidising by way of bonus, or by
ment of bonds or of the interest on bone
346
:s in the capital stock
guaranteeing the pay-
s of such line or lines fr*
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*A-&*t   £aIAACA    >/7    ^LJL Vancouver Incorporation.
Chap. 54.
of steamships or steamboats as shall establish, within or without
the limits of the City, a port of call or the terminus of such
fine or lines:
(178.) For aiding by the grant of money or land, or by exemption Aid to smelter
for a period not exceeding ten years, smelters, dry docks or ways,
marine railways, within a limit of five miles beyond the bound-
aries of the City : QlMW <^^
(179.) The provisions or powers of the preceding sub-sectionsAshall By-lawn
fore aid gra
not be exercised by the Council until a by-law shall have been
first submitted to and "have received the assent of the electors,
as is provided for in case of by-laws requiring the assent of the
electors: <fy\ ^^t^Lt^Lo^^^. ALAA-   I^a^a-j-3 (a
(180.) In case the City takes shares in or guarantees payment of Council may appoint
„ , . Mayor or Alderman
any money tor, or grant a bonus to any company in pursuance director of such com-
of sub-sections (171) to (178) inclusive of this section, the Council Pany-
shall be entitled to appoint the Mayor or an Alderman a director
of such company, and such company shall accept such person as
a director, and he shall be entitled to all the rights and privileges of the other directors of such company:
(181.) For exempting the yards, wharves, works, buildings and lands Exemption of lands
on which terminal buildings of the Canadian Pacific Railway R,aiiwav.
Company may be erected from City taxation for a period not
exceeding eighteen years from the 20th day of May, A.D. 1898:
(182.) For providing that in the event of the City of Vancouver If bonus granted to
granting to any other railroad company (than the Canadian c. P. R. lands of'C.
Pacific Railway Company) coming into the Citv a bonus, subsidy £• R- *° .b.e exempt
,       ., . .       . „        , ...        from additional tax-
or grant, or subscribing to the shares of such company withm a ation.
period of eight years from the 20th day of May, A.D. 1898,
then that all the real property of the Canadian Pacific Railway
Company in the said City shall be exempted from any additional
taxation imposed, on property in the City, by reason of such
bonus, subsidy, grant or subscription to shares being made, for
a period of eight years from the 20th day of May, A.D. 1898 :
(183.) Provided, that before any.by-l*W passed by the Council under Assent of electors
^i^^^k^AW^e mfeYcfrce and effect, it shall first of necessary to by"!aw-
all have received the assent of the statutory majority of the
electors of the City entitled to vote on money by-laws, or
by-laws requiring the assent of the electors in manner provided
for by the said "Vancouver Act of Incorporation, 1886," and
Acts amending the same:
(184.) In the event of the City granting aid or assistance in any way If City grants aid,
or giving a guarantee of bonds or interest on bonds to any person asTecurity1017 SaS<J
or persons or body corporate, it may take security by mortgage
or otherwise for the repayment of the same, and may pass all
347 Nuisances.
Cows, goats and
Bells, whistles and
Letting off guns and
Denning areas of
tanneries, soap-boiling works, and rag,
bone, or junk shops.
Prohibiting or regulating slaughterhouses, distilleries,
boiling works,  can-
Tftap, 54. Vancouver Incorporation. 64 Vict.
necessary by-laws to carry the provisions of this section into
full force and effect, and any security taken may be registered
in the name of the City in any Land Registry Office:
Nuisances.
(185.) For preventing and abating public nuisances :
(186.) For preventing or regulating the keeping of cows, goats, pigs,
and other animals, and defining limits within which the same
]   may be kept:
(187.) For preventing the ringing of bells, blowing of horns or steam
whistles, shouting and other unusual noises in streets and public
places:
(188.) For preventing or regulating the firing of guns or other firearms ; and the firing or setting off of fire-balls, squibs, crackers,
or fireworks, and for preventing charivaries and other like disturbances of the peace:
(189.) For the prevention or regulating of blasting within the limits
of the City:
(190.) For defining the areas within which tanneries, soap-boiling
works, rag, bone or junk shops <pr other industries of a noxious
or unhealthy character may not be carried on within the City:
(191.) For prohibiting or regulating the erection or continuance or
the use of buildings for slaughter houses, gas works, soap-boiling
works, canneries, crematories and distilleries, and' for ordering
the destruction of the same, or the removal of the same from
any particular locality when in the opinion of the Council such
building or business is a nuisance to such locality; for establishing public slaughter houses, and for preventing, regulating
and inspecting the erection or continuance of slaughter houses,
and for prohibiting the slaughter of animals intended for food
in existing or other slaughter houses, or except in slaughter
houses designated in the by-law :
(192.) For compelling manufacturers, keepers of slaughter houses,
shoddy mills, crematories, tanneries, rag or bone works, laundries,
electric light works, carpet cleaners and others to have such
chimneys or other apparatus as shall consume the smoke, dust
or effluvia, or prevent the same from fouling the atmosphere, or
being carried by the wind or otherwise to Other shops, houses
or premises, to the inconvenience or injury of the neighbouring
premises or residents therein :
(193.) For preventing common begging or persons in the streets from
importuning others for help or aid in money, or deformed or
malformed, or diseased, or injured persons, from exposing themselves, or being exposed in the public streets to excite sympathy
or induce help or assistance from general or public charitv •
348 . y /??* $7*.^;i
^ sucmA-ciMs.
IA
\ c^-^ <W^ AA^AuJst^ p~t   OaaJ^^^-<-Ja^
uo   (AsaJai,   rnAirXAAj^A jA^Ar*±-£AA  ' 1900. Vancouver Incorporation. Chap. 54.
(194.) For preventing the growth of weeds and  compelling the Weeds,
destruction thereof, and for enforcing the observance of any
Provincial law respecting the destruction of noxious weeds:
(195.) For the good rule and government of the City, and for the Good rule °f City-
suppression and prevention of nuisances:
Wharves and Streams.
(196.) For purchasing, making, altering, improving and maintaining Wharves, docks and
• public wharves, docks and slips : s ips'
(197.) For regulating the use of such public wharves, docks or slips, Wharfage and dock-
and charging and collecting reasonable wharfage and docking ing  ues'
dues in respect thereof:
(198.) For regulating or preventing the incumbering, injuring or Incumbering
fouling by any animals, vehicles, vessels or other means, of any '
public wharf, dock or slip:
(199.) For regulating and compelling the removal from any public Wrecked vessels,
wharf, dock or slip of all sunken, grounded or wrecked vessels, e °"
barges, cribs, rafts, logs or other obstructions or incumbrances,
by the owner, charterer or person in charge, or any other
person who ought to remove the same:
(200.) For preventing persons from obstructing any drain or water- Obstructing drain,
course:
(201.) For preventing the  obstruction of streams, creeks, water- Obstructingstreams,
courses and surface drains by trees, brushwood, timber or other e c*
materials, and for clearing away and removing such obstructions at the expense of the offenders or otherwise:
Impounding of Dogs and other Animals.
(202.) For restraining and regulating the running at large or tres- Impounding and sale
passing of dogs, cattle and animals of every description, and
for seizing and impounding the same, and for causing them to
be sold or destroyed in case they are not claimed within a
reasonable time, or in case the damages, fines and expenses are
not paid according to the by-law :
(203.) For killing dogs running at large, or trespassing, or unlicensed, Killing dogs,
contrary to the by-law :
(204.) For appraising the damages to be paid by the owners of Penalty,
animals impounded for trespassing, or running at large contrary
to the by-laws of the City or the laws of the Province:
(205.) For determining the compensation to be allowed for services Remuneration to
rendered in carrying out the provisions of the by-laws, or of   1S rainor-
any Act with respect to animals impounded or distrained and
detained in the possession of the distrainor:
349 Vancouver Incorporation.
64 Vict.
Vicious dogs and
Expropriating lands.
ing property
i of Corpor-
md  disposal
(206.) For the establishment of pounds and providing suitable yards
and enclosures for the keeping of such animals as it may be the
duty of the pound-keeper to impound:
(207.) For the appointment of pound-keepers, and for regulating
and determining the fines and fees to be levied and collected
by such pound-keepers:
(208.) For preventing cruelty to animals and the destruction of
birds :
(209.) For preventing the keeping of vicious dogs or wild animals
within the said City, except under certain restrictions, and for
the destruction of such dogs or wild animals kept in contravention of the by-law.
Cemeteries.
(210.) For accepting or purchasing land for public cemeteries, as
well within as without the City, and for laying out, improving
and managing the same; but no land shall be accepted or
purchased for such purpose except by a by-law declaring in
express terms that the land is appropriated for a public cemetery, and for no other purpose :
(211.) For the acquiring and expropriation of lands to be used for
enlarging any existing public-fie^e^ery or burial ground:
(212.) For regulating the interment of the dead, and for prohibiting
the burial of human bodies, except in such places and under
such conditions as the by-laws may authorise:
(213.) For preventing the violation of cemeteries, graves, tombs,
tombstones or vaults where the dead are interred:
(214.) The Council shall have power and authority to sell and
execute deeds for the purchase and sale of burial plots in said
cemeteries, and generally to exercise full powers and control
over said cemeteries, and to spend money in the construction of
roads or streets to the same if necessary, either within or without the City limits:
Municipal Lands and Properties.
(215.) For obtaining such real property (within or without the City)
and personal property as may be required for the use of the
Corporation for parks, squares, marine parades, school purposes,
roads, streets, or any other purpose, and for the disposing of
such property and for conveying and the execution of any conveyances of or leasing the, same when no longer required, on
such terms as may be deemed expedient, and to accept as payment therefor either money or real property: Provided always,
that any by-law providing for the disposal of any real property,
or for leasing the same, where the lease shall extend over a
350  &Aa\£ajj (aa\aaaao O^u^cL €*/vv£-£lxCuj-vuo  GUQAa(~'
CDCAfusdAJtvJ^ctA^d iul*Mus^aJ- ^Zl a (        rM u wz^m^
f>v foju^liurALAO v\ ^&4a\jl<>   KaAU^^^^cXAaA^  CUsi   Q^pO^CL^, OAV*iru$x
tPj   fUAJy-LU-OtM/*   \*AlUJUAtAA^OUA/t   fav <=l fUAjLcrcA  A^As-f^ 1900.
Vancouver Incorporation.
Chap. 54.
term of five years, or for disposing of personal property where
the value of the same is over two thousand five hundred dollars,
shall not be passed until the assent of the electors has been
obtained in conformity with and in manner provided by the
requirements of this Act in respect of by-laws for contracting
debts: Excepting in the case of Suburban Lot 90, Hastings
Townsite, known as Hastings Park, situate at Hastings, which
may be leased by the Council of the said City for a term of
years:   y~^ CA~fiL fittAuM^ tU- ^/^OatulJj
(216.) For purchasing, acquiring, holding, managing and maintain- Public library,
ing real property for the purpose of a site for a free public
library or a partially free library in the City, and any branches
thereof:
(217.) For erecting, maintaining and improving a hall or any other Hall,
houses and buildings required by and being upon the land of
the Corporation: '
(218.) For accepting or purchasing, holding and using any real Hospital or quaran-
property within or without the City limits for the purpose ef
erecting, establishing and maintaining, and to erect, establish,
and maintain either an hospital or a quarantine station, or a
place where persons suspected of conveying infectious, contagious or malignant diseases can be isolated, or for a crematory,
or for a home for the aged or infirm:
(219.) For establishing, maintaining and regulating industrial schools Industrial schools 9
and gaols, lock-up  houses, reformatories and houses of cor- '
rection for the detention and imprisonment of persons sentenced
to imprisonment or confinement, and of persons detained for
examination or transmission to any gaol, either for trial or in
the execution" of any sentence, and for regulating and providing
for the care, charge and safe custody, government of persons
imprisoned or detained therein: , / » \c>\ [O I f)\0\®y
Miscellaneous.
(220.) For inflicting reasonable fines and penalties not exceeding Fines,
one hundred dollars and costs :
(a.) Upon any person for the non-performance of his duties, Official neglecting
who has been elected or appointed to any office in the duties °rm  1S
Corporation, and who has accepted such office and afterwards neglects the duties thereof; and
1 (b.) For breach of any of the By-laws of the Corporation: Breach of by-law.
(221.) For collecting such penalties by distress and sale of the goods Collection of penal-
and chattels of the offender: ties-
(222.) For inflicting reasonable punishment, by imprisonment, with Punishments,
or without hard labour, either in the lock-up house in the City,
351 Chap. 54.
Vancouver Incorporation.
64 Vict.
Revision and consolidation of by-laws.
Contracts.
or in a gaol, for any period not exceeding two months, for breach
of any of the by-laws of the Council, or for non-payment of the
fine inflicted for any such breach, and there being no distress
found out of which such fine can be levied, or imprisonment
without option of fine:
(223.) For the creation of all offices and appointments thereto that
are necessary in the affairs of the Corporation, and for regulating the remuneration, fees, charges, and duties of all officers
appointed to such offices, and the securities to be given for the
performance of such duties:
(224.) For paying to the Aldermen during their term of office, out
of the annual revenue, a sum of money not exceeding four
hundred dollars per annum each:
(225.) For revising and consolidating the by-laws of the City:
(226.) For authorising the entering into contracts by the City with
any person, persons, or corporations for periods exceeding one
year, but not exceeding ten years. But this sub-section shall
not be taken to limit the powers conferred on the Council by
sub-section (15) of this section:
(227.) Whenever the Council has authority to direct by by-law or
otherwise that any matter or thing should be done by any person or corporation, the Council^may also, by the same, or by
any other by-law, or by resolution, direct that in default of its
being done by the person or corporation so directed, such matter
or thing shall be done at the expense of the person or corporation in default, and may recover the expense thereof with
interest at the rate of six per cent, per annum, and costs, by
action or distress, and in case of non-payment thereof the same
shall be recovered in like manner as municipal taxes:
(228.) For allowing a rebate or rebates on all taxes or rates if paid
-.before a certain time or times to be named in the by-law:
126. Whenever in any Dy^ratrpassed hereunder by the City it is
provided that notice shall be served on any owner or owners of land
or property, in the event of such owner or owners being non-resident
in the City, service of such notice upon his or her or their agent or
agents, or by posting the same on some conspicuous part of the
property affected, shall be deemed good and valid service of such
notice and as effectual as if the same had been personally served on
such owner or owners.
Quashing By-Laws.
VA7. In case a ratepayer or- any person interestedJb_a_JxyJagJ_
order or resolution of the Council^applies to any Judge of the Supreme
Court and produces a copy of the by-law, order or resolution to said
Judge, certified under the hand of the Clerk (who shall furnish the
352 rUu
tv rT^kuAj
rv 4a&
^  LT~L>> /U-
f^^As^    lA^fiLus
V^-4 ,  1900.
Vancouver Incorporation.
Chap. 54.
same on two days' application, and on payment of a fee of one dollar),
and under the corporate seal, and shows by affidavit that the same
was received from the Clerk and that the applicant is a ratepayer and
interested as aforesaid, the Judge, after at least ten days' service on
the Corporation of a rule to show cause in this behalf, may quash the
by-law, order or resolution, in whole or in part, for illegality, and,
according to the result of the application, award costs for or against
the Corporation. In" the case of any application under this section,
the Judge shall have power, if in his discretion he sees fit, to order the
applicant to give security for the costs of and incidental to the application for and all proceedings under the said rule.
1558. No application to quash any such by-law, order or resolution, Time within which
in whole or in part, shall be entertained by any Judge unless such n^e?* lon mus
application be made to such Judge within one month from the passing
of any by-law, order or resolution. In case no application is made to
quash such by-law, order or resolution within the time limited in that
behalf, such by-law, order, or resolution shall be valid and binding on
all parties concerned.
1H9. Any by-law, the passing of which has been carried through Quashing by-laws
or by means of any violation of the provisions of section 28 of this eta""6    ^  ™ 6ry'
Act, shall be liable to be quashed upon any application to be made in
conformity with the provisions hereinbefore contained.
130. Before determining any application for the quashing of a by- Procedure in such
law upon the ground that any of the provisions of section 28 of this case'
Act have been contravened in procuring the passing of the same, if it
be made to appear to a Judge of the Supreme Court that probable
grounds exist for a motion to quash such by-law, the Judge may make Inquiry by Judge.
an order for an enquiry to be held, upon such notice to the parties
affected as the Judge may direct, concerning the said grounds before
him, and require that upon such enquiry all witnesses, both against
and in support of such by-law, be orally examined and cross-examined
upon oath before the said Judge.
131. The  said  Judge  shall  thereupon,  if the  grounds  therefor Judgment,
appear to be satisfactorily established, make an order for quashing the
said by-law, and he may order the costs attending said proceedings to Costs,
be paid by the parties, or any of them, who have supported the said
by-law; and if it appears that the application to quash said by-law
ought to be dismissed, the said Judge may so order, and, in his discretion, award costs to be paid by any person or persons applying to
quash said by-law. After an order has been made by the said Judge
directing an enquiry, and after a copy of such order has been left with
the Clerk of the City, all future proceedings upon or under the by-law
shall be stayed until after the disposal of the application in respect of
353 Chap. 54.
Vancouver Incorporation.
64 Vict.
Power to open,
extend and widen
streets,
Stay of proceedings, which the enquiry is directed; but if the. matter is not prosecuted to
the satisfaction of the Judge, he may remove the stay of proceedings.
Appeal. 13^. Any decision or order of a Judge upon any such application
shall be subject to appeal to the Full Court of the Supreme Court of
British Columbia, provided the appellant gives security to the Registrar of the Supreme Court for the costs of such appeal in the event of
the appeal being dismissed.   U ^^djJLur^\  °-U (Tp^rsu^  ,
Expropriations.
133. The Council of the City of Vancouver shall have full power
and authority to provide by resolution, entered on the minutes, or by
JeslldingS ky-law> for the acquiring, taking, using, so much real property within
the limits of the City as may be required for the opening, extending
or widening of streets, lanes, public places, parks, squares, highways,
cemeteries, sites for public libraries and schools, or the construction of
a public wharf or wharves^eservoir or reservoirs, and such- public
buildings, drains or water-courses, or sewers, or sites for septic tanks
or other appliances connected with the purification of sewage, and to
direct at the same time that such improvements should be made out of
the City funds, or that the cost thereof shall be assessed in whole or in
part upon the pieces or parcels of land belonging to parties interested in
or benefited by said improvements, and to purchase, acquire, take and
enter into any land, ground or real property whatsoever within the
limits of the said City, either by private agreement, amicable arrangement between the Council of the said City and Corporation or other
persons interested, or by complying with all the formalities hereinafter
prescribed for opening streets, squares, markets, parks or other public
places, or for continuing, enlarging or improving the same, or a portion
of the same, or as site for any public wharf or wTMrves,.or public
buildings to be erected by the said Council:
(1.) All corporations or bodies, and all persons, guardians, executors,
administrators or trustees who are or shall be seized or possessed
of or interested in any piece or pieces, lot or lots, of ground or
real property within the said City, selected by the said Council
for any of the purposes aforesaid, may not only for themselves,
but for and on behalf of the person whom they represent, or
for whom, or in trust for whom, they are or shall be seized or
possessed, or interested, whether minors, lunatics, idiots, femme
covert, or other persons, contract for, sell and convey such piece
or pieces, lot or lots, of ground or real property to the said Corporation; and such contracts, sales and conveyances shall be
valid and effectual law Tor conveying the estate or interest
therein to all intents and purposes whatsoever, any law or
custom to the contrary notwithstanding, and the Corporation
of the City of Vancouver shall not in any case be responsible
354
Trustees and others
acting in a representative capacity may
sell and convey to
the City land selected
for any of the purposes aforesaid. I <*>
j'*^    cut cbJ^jJuZ^
C^JLU^aaJ^^ /^&-<HT*^
If^J^Jf^^U^   fe"t-6    U^UA-LsJ- AS*   /^*AUUkA~*AXAAUj    f]   &^
i-£&W, &   Jtbuu   M^tiAXlA^'^ tZ**A>  CAUAyUA^d  try ^ <-£f~
^^^ * lis ^^ ^'Wllf^-^ »~"<~7£8
OAXAlctx^^H   irS^^A oAt+tUrWi*.
f\ &tuM pUUa,U<alu> i  Vancouver Incorporation.
Chap. 54.
for the application of the purchase money; and all corporations
and persons whatsoever so contracting, selling, or conveying as
aforesaid are hereby indemnified for and in respect of such sale
or cession which he, she, or they shall respectively make by
virtue of or in pursuance of this Act, without however diminishing
in any manner the responsibility of such corporation or persons
toward those whom they represent as regards the purchase
money or compensation of such sale or conveyance:
(2.) In the case of real property which the Council has authority Power of corpora-
,.,..., , ,   , ...       ,  ,. ,    tions, guardians or
under this Act to enter upon, take or use, without the owner s executors to arbi-
consent, corporations, tenants in tail or for life, guardians, com- trate or contract-
mittees  and  trustees  shall,  on   behalf  of   themselves,  their
successors and heirs respectively, and on behalf of those they
represent, whether infants, issue unborn, lunatics, idiots, married
women or others, have power to act as well in reference to any
arbitration, notice and action under this Act as in contracting
for and conveying to the Council any such real property, or in
agreeing as to the amount of damages arising from the exercise
by the Council of any power in respect thereof:
(3.) In case there is no such person who can so act in respect to such Judge may appoint
such real property is absent from this Province, or is unknow
or in case his residence is unknown, or he himself cannot be
found, the Judge of the Supreme Court may, on the application
of the Council, appoint a person to act in respect to the same
for all or any of the said purposes:
(4.) In case any person acting as aforesaid has not the absolute If person has not fee
estate in the property the Council shall pay to him the interest to 3taldmoney,0etc?
only at six per centum per annum on the amount to be paid
in respect of such property, and shall retain the principal to be
paid to the person entitled to it whenever he claims the same
and executes a valid acquittance therefor, unless a Judge of the
Supreme Court in the meantime directs the Council to pay the
same to any person or into Court; and the Council shall not be
bound to see to the application of any interest so paid, or of any
sum paid under the direction of such Court:
(5.) The Council shall make to the owners or occupiers of or other Compensation,
persons interested in real property, entered upon, taken or used
by the Corporation in the exercise of any of its powers, or
injuriously affected by the exercise of any of its powers, due
compensation for any damages (including the cost of fencing
when required) necessarily resulting from the exercise of such
powers.and any claim for such compensation, if not mutually
agreed upon, shall be determined by arbitration under the following sub-sections:
x 355 Vancouver Incorporation.
64 Vict.
Either party to appoint arbitrators.
If no arbitrator appointed, Judge may
appoint.
Meeting of arbitr
(6.) The appointment of all arbitrators shall be in writing under
the hand of the appointers and under the corporate seal of the
Corporation:
(7.) Either party may appoint an arbitrator and give notice thereof
in writing to the other party, calling upon such party to
appoint an arbitrator on behalf of the party to whom such
notice is given; the notice to be given to the Council shall be
given to the City Clerk :
(8.) The two arbitrators appointed by or for the parties shall, within
seven days from the appointment of the lastly named of the
two arbitrators, appoint in writing a third arbitrator:
(9.) If for twenty days after having received a notice to appoint an
arbitrator the party notified omits to appoint an arbitrator, or
if for seven days after the second arbitrator has been appointed,
the two arbitrators omit to appoint a third arbitrator, a Judge
of the Supreme Court may appoint an arbitrator for the party
in default, or a third arbitrator as the case may require:
(10.) The arbitrators shall make their award in writing within one
month after the appointment of the third arbitrator, or within
such further time as a Judge of the Supreme Court on cause
shown may decide:
(11.) No officer or person in the employment of the City, nor any
person interested, shall be appointed or act as arbitrator under
this Act:
(12.) The arbitrators shall, within twenty days after the appointment of the third arbitrator, meet at such place as they may
agree upon to hear and determine the matter in dispute, with
power to adjourn from time to time, and shall make their award
in writing:   -t-^ri,   cuj AaJL
(13.) The arbitrators shall have power, by writing, signed by any
one of them, to summon before them any witness or witnesses
which either party to the said reference may desire to call, and
to examine the said witnesses upon oath or solemn affirmation
to be administered by any of the said arbitrators, and to order
the production before them of any books, documents, accounts,
vouchers, papers and memoranda of any description which they
may deem necessary for the purposes of the said reference:
(14.) In the event of the amount awarded by the arbitrators in their
award not exceeding the amount, if any, offered by the Council
under sub-section five hereof, the arbitrators shall have power
to award that all costs of the arbitration shall be paid by the
owner or owners of the land or interest expropriated, and that
such costs shall be based on either the scale of the County
Court or Supreme Court of British Columbia as the arbitrators
356 n
/[AlA   ^ZACUaaIaOi ■ P™   *"*
l>UA>taA   L^^Uat^M
mUx^ &~\j  1900. Vancouver Incorporation. Chap. 54.
shall decide- In the event of the amount awarded exceeding
the amount so offered then the arbitrators shall have power to
order that the Corporation pay the costs of the arbitration, to
be taxed as aforesaid:
(15.) In case of a difference between the arbitrators the decision ofjDecision of majority
the^ajorityf them shaj^be c^lusive^X^ l^W^o^T" * *
(16.) Upon payment or legal tender 6r the amount s» awardedoiyiward or agreement
agreed upon to the person entitled to receive the same, or upon qjL Iftei^payment
payment into the Supreme Court of British Columbia of the of amount awarded,
amount of such compensation the award or agreement shall vest
in the Corporation power forthwith to take possession of the
lands, the subject of the award or agreement, and if any resistance or forcible opposition is made by any person to its so
doing, a Judge of the Supreme Court of British Columbia may,
on proof to his satisfaction of such award or agreement, issue
his warrant to the Sheriff of the district to cut down such
resistance and to put the Corporation in possession :
(17.) If the Council has reason to fear any claims or incumbrances, Council may pay
or if any person to whom the compensation is payable refuses co^PtenSa 10U *" °
to execute the proper conveyance, or if the person entitled to
claim the same cannot be found, or if for any other reason the
Council deem it advisable, the Council may pay such compensation in to the Registrar of the Supreme Court of British
Columbia, and may deliver to such Registrar an authentic copy
of the conveyance, or award, or agreement, and such conveyance, or award, or agreement, shall thereafter be deemed to be
the title of the Corporation to the land therein mentioned :
(18.) Special assessments under authority of this section shall be Special assessments,
made in the same manner, and subject to the same appeals, and
governed by the same decisions, and shall be collected by the
same process as is provided by this Act in the case of ordinary
assessments or under the local improvement clauses of this Act,
as the Council may determine.
Local Improvements and Special Assessments therefor.
134. The Council may pass, repeal, alter and amend by-laws:
(1.) For providing the means of ascertaining $n4 determining what For determining
real property will lb^ immediately b<|riafited by any proposed be benefitedby pro-
work or improvement, the expensfe of which is proposed to be posed improvements,
assessed,  as^jnereinafter  mentioned,  upon  the  real  property
lenefitedyoheEebyi^and of 'ascertaining and determining the
ns irHvmch the^&ssessment of the cost thereof is to be
tlSr various  portions  of   real   estate so benefited.
There shall be th^same right of appeal from any such assessment or proposed scale  of' assessment, from  the Court of
357 Vancouver Incorporation.
64 Vict.
Regulating tim
manner of asses
Revision to the Judge, as is provided for by this Act in the
case of ordinary assessments:
(2.) For assessing and levying, by means of a special rate, the cost
of deepening any stream, creek or water-course, and draining
any locality, and making, enlarging or prolonging any common
sewer, or of opening, widening, prolonging, altering, macadam-
. izing, grading, concreting or making/foundations to pavements,
levelling, paving or planking any street, lane, alley, public way
or place, or of constructing any sidewalk, bridge, culvert or
embankment forming part of a~highway therein, or curbing,
sodding or planking any streefl/lane, alley, square or other
public place; for providing for\the cost of the extension of
branch mains and pipes, and all other work necessary for connecting the property of the- property owners with the waterworks system of the City.yn order to permit such property
owners to receive the benefit of such water-works, and for
providing for the cost of tr\e extension of the poles, wires and
pipes, and all other work necessary for lighting and watering
any street, square or other public place whereon the land to be
exempted thereby fronflfe/)r abuts, or re-constructing as well as
constructing any work? hereby ^provided for: And the cost of
purchasing, expropriating and obtaining any land or rights
necessary to be pumhased, expropriated or obtained, in order
to carry out any of tihe above objects:   /u-i, cu^iajiJiU3nri dtt °
(3.) Nothing contaii^erilin the preceding sub-sections shall be construed to apply to^nV work or ordinary repairs or maintenance,
but all works constructed under the said preceding sub-sections
shall thereafter be kept in a good and sufficient state of repair
at the expenseV>f/the Corporation:
(4) For regulating Vthe time or times and manner in which the
assessments tojbe levied under this section are to be paid, and
for arranging/ the terms on which parties assessed for local
improvements may commute for the payment of their proportionate shares of the cost thereof in principal sums :
(5.) The speciaWrate to be so assessed and levied shall be an annual
rate accoming to the frontage thereof, upon the real property
fronting jot abutting upon the street or place whereon or
whefeiir^such improvements or work is proposed to be done or
mader&»d subject to the provisions following, namely:—
That no mSre than two-thirds of the total cost (less the cost of
improvements to any intersection of streets and opposite property exempted from taxation) of such improvements be assessed
nptf L Oflh^A CU^AUAUL+Aaa& CTL ^ao-uUaa<^ i-uf    O^yx-6, Cca_a>t, tfi    &■
°tAl <LAAJ-<aaaU) 4^<n/ tZ Ik p ccaIoC "t:c>LA^
1
4*4aL  XUa  1900.
Vancouver Incorporation.
Chap. 54.
| (6.) For providing for the payment and recovery of all assessments Payment and recov
or special rates or frontage tax levied under this Act, and -in ments.
default of payment thereof by the person, persons, or body
corporate liable to pay the same, by adding the amount thereof
to the taxes for the financial year in which such rate or frontage tax shall have been assessed and levied. Any special rate
so assessed and levied shall be dealt with in every respect as
ordinary City taxes, and may be enforced and recovered in the
same way, whether by sale of the land or real property upon
which the same attached, or by registration as a charge upon
such land or real property or otherwise:
(7.) For effecting any such improvement as aforesaid, with  funds When funds pro-
provided by the parties desirous of having the same effected:     siring improvement
(8.) If in any case the first assessment for any local improvement Council may make
proves insufficient, the Council shall make a second in the same
manner, and so on until sufficient moneys have been realised to
pay for such improvements or works. If too large a sum shall
at any time be raised, the excess shall be refunded ratably to
those by whom it was paid :
(9.) Every by-laAv for borrowing money for improvements, as in the By-law for borrow
preceding sub-sections provided, shall provide for the repay- ^il^o^re-^ayment
ment of the loan and the maturing of debentures to be issued
pursuant to such by-law within the probable life of the work
or improvements for which such debt has been incurred, as,
certified by the engineer or other proper officer, to be appointed
by the Council for that purpose:
(10.) No by-law passed by the Council under the provisions of this By-law need not be
Act shall be required to be advertised or published by the said pu
Council in any newspaper, but a written or printed, or partly
written or partly printed, notice of the sitting of the Court of
Revision for the confirmation of every such special assessment
shall be given to the owners, lessees and occupants or the agents
of the owners, lessees and occupants of each parcel of real
estate affected by such by-law:
(11.) Every such notice shall contain a general description of the What notice must
property in respect of which the same is given, the nature of contam-
the proposed improvements, work  or service,  the  estimated
total cost thereof, the amount of the assessment on the particular
piece of property, the time and manner in which the same is *
payable, and shall be signed by the Clerk or the Assessment Commissioner or other officer to be appointed by the Council for
that purpose, and be mailed to the address of the person entitled
to notice, at least fifteen days before the day appointed for the
sittings of the Court of Revision of such assessments, and ten
359 Vancouver Incorporation.
64 Vict.
days' notice shall also be given by publication in some newspaper, having a general circulation, of the time and place of the
meeting of the said Court, which notice shall specify generally
what such assessment is to be for, and the total amount to be
(12.) Where a by-law passed under the provisions of this &ct provides, or is intended to provide, that the special rate assessed
thereunder shall be a frontage rate, it shall not be necessary to
comply with the provisions of sections 103 to 106 inclusive, of
this Act, or to advertise or publish the by-law, but it shall be
sufficient if the by-law describe the street or place or part thereof whereon or wherein the local improvement is to be made, by
general description thereof, stating the points between which
it is to be made; and it shall not be necessary for such by-law
to state the value of the real property ratable thereunder, or to
impose a rate upon such real property by any description other
than that hereinbefore mentioned :
(13.) In cases to which the next preceding sub-section applies, the
Council shall procure a measurement of frontage liable to the
rate mentioned therein, and of the frontages exempt, from taxation, and of the frontages of the several lots or parcels of land
liable to such rate, and shall keep a statement of the same open
for inspection in the office of the City Clerk for at least ten days
before the final passing of the by-law, and the Council shall
also cause to be inserted in a public newspaper published within
the City once a week for two successive weeks, a notice in the
form following or to the like effect:—
" Take notice that a By-law is intended to be passed by the City
Council for levying a frontage rate to pay for the [describing
zuork] constructed (or made) or to be constructed (or made, as
the case may be) on street between [describing the
points between which the work has been or is to be made or
constructed].and that a statement showing the lands liable to
pay the said rate and the names of the owners thereof, so far as
they can be ascertained from the last revised assessment roll, is
now filed in the office of the City Clerk, and is open for inspection during office hours. The estimated cost of the work is
$ , of which $ is to be provided out of the
general funds of the City. A Court of Revision will be held
on , at , for the purpose of hearing complaints
against the proposed assessment or accuracy of the frontage
measurement or any other complaint which persons interested
may desire to make, and which is by law cognizable by the
Court."
City Clerk.
Dated
360   Vancouver Incorporation.
Chap. 54.
' (14.) The Council may pass all by-laws necessary, from time to By-laws for raising
time, to raise loans and borrow moneys required for its share money"
of any local improvements and works on the credit of the City,
and it shall not be necessary to obtain the assent of the electors
of the City to the passing of any such by-law under the provisions of this Act, any special or private Act in that behalf to
the contrary notwithstanding: Provided always, that nothing
in this section contained shall be construed as authorising an
extension of the general debt of the City beyond the limits
thereof fixed by any Act limiting the same : .
(15.) It is hereby declared that the debentures issued under the Local improvement
Local Improvement By-Laws on the security of special assessments therefor shall form no part of the general debt of the
City within the meaning of the sections 105 and 106 of this
Act, and it shall not be necessary to recite the amount of such
local improvement debt so secured by special rates or assessments in any by-law for borrowing money on the credit of the
City as aforesaid, but it shall be sufficient to state in any such
• by-law that the amount of the general debt of the City as
therein set forth is exclusive of local improvement debts secured
by special Acts, rates or assessments.
135. When any assessment is made upon land or real property for Appeal from assess-
the purpose of carrying on any work of local improvement under the men '
authority of this Act there shall be the same right of appeal from the
Court of Revision to a Judge of the Supreme Court of British
Columbia as is provided for in the case of the annual assessment for
the purpose of a general taxation.
136. In cases where the Council decides to contribute to at least When Council de-
one-third of the cost of such improvement, it shall be lawful for said one-third of the cost,
Council to assess and levy in manner provided in the preceding sec- they may assess and
J r r 6 ieVy the remainder
tions from the owners of real property to be directly benefited thereby without petition
the remaining portion of such cost without petition therefor, unless tio^agamst.6
the majority of such owners, representing at least one-half in value of
such property, petition the Council against such assessment within e«e- C^T* A
■mwtk after the publication of a notice of -such proposed assessment in
at least two newspapers published in the City.
137. Any  leaseholder,  the  term   of  whose  lease,  including  any Leaseholder deemed
renewals thereof provided for, is not less than twenty-one years, shall this section, when,
be deemed an owner within the meaning of this section if the lessee
has therein covenanted to pay all City taxes on the demised property
during the term of said lease.
138. The number of the owners petitioning against the assessment Number of persons
and the value of the real property which they represent may be assessment.
\ 361 Such by-laws d* njp;
require ratepayers"
Chap. 54. Vancouver Incorporation. 64 Vict.
/ascertained and finally determined in such manner and by such means
/ as may be provided for by the. Council by by-law.
130. No by-law passed in pursuance of section 134 shall require
the assent of the ratepayers of the City, but every by-law passed
under the preceding sections hereof shall recite :—
(1.) The amount of the debt which such by-law is intended to
create, and, in some brief and general terms, the object for
which it is to be created:
(2.) The total amount required to be raised annually by special rate
for paying the debt and interest under the by-law :
(3 ) The value of the whole real property ratable under the by-law
as ascertained and finally determined as aforesaid:
I (4.) The annual special rate on the dollar, or per foot frontage, or
otherwise, as the case may be, for paying interest and creating
a yearly sinking fund for paying the principal of the debt, or
for discharging instalments of principal according to the provisions of this Act, or in case the debt is payable under the
provisions of this Act by instalments, for paying the instalments of principal and interest as they respectively become
payable:
(5.) That the debt is created on the security of the special rate
settled by the by-law.
Council may by by- 140. In the matter of by-laws passed or to be passed for works
guaranteed by City, payable by local assessment, in order to facilitate the negotiation of
debentures issued thereunder and add to their commercial value, the
Council may by by-law declare that the debt to be created on the
security of the special rate settled by the by-law is further guaranteed
by the Corporation at large.
Nothing in Act re-        141. Nothing contained in the sections of this Act relating to local
latmg to local im- r. ° * .
provements shall / improvements shall be construed to apply to any work of ordinary
apply to works of / repair an(j maintenance, and every ordinary sewer made, enlarged Or
prolonged, and every street, lane, alley, public way or place, and sidewalk therein, once made, opened, widened, prolonged, altered, macadamized, gravelled or planked, under the said sections of this Act, shall
thereafter be kept in a good and sufficient state of repair at the
expense of the City: Provided that if, in the opinion of the Council,
it would be more desirable in the interests of the City that any work
constructed and done under the ^provisions hereof should be replaced
by other work of equally substantial natur
work already done in repair, then it shall be 1;
carry out such other work, and shall then be i
tion of keeping the work originally done in re
362
eping the
Uouncil to
he obliga-   190°- Vancouver Incorporation. Chap. 54.
142. The Council may pass a by-law or by-laws dividing the City Council may pass by-
into certain areas, districts or sections within which the streets or bZ?££Z^0itj
parts of streets may be maintained, repaired, cleaned, cleared of snow
and ice, watered, swept, lighted, and the grass therein cut and trees
therein trimmed, and may impose a special rate upon the assessed real
property therein, according to the frontage thereof, in order to pay
any expenses incurred in maintaining, repairing, cleaning, clearing of
snow and ice, watering, sweeping and lighting such streets or parts of
streets, and cutting grass and trimming trees therein, or for any one
or more of such services.
ft
Council may pass bylaw requiring land on
which place of worship erected to be assessed, when.
143. With respect to land on which a place of worship is erected,
and  land  used  in  connection therewith, the Council may, by the
by-law to be passed in that behalf, require the corporation, trustees
and other persons in whom is vested any such property, and the said
property, to be assessed for any local  improvement,  in  the  same
manner and to the same extent as the other owners and land benefited by the improvement, in the following cases, namely:—
(1.) In case a by-law is passed under the preceding section:
(2.) Or in case no such by-law is passed, but two-thirds of the
owners of the real property to be benefited by the proposed
improvement (excluding such  corporation, trustees  or  other
persons aforesaid), representing at least one-half in value of
the remaining property, petition the Council to undertake the
said improvement:
(3.) Or in case no such by-law is passed as aforesaid, but the said
corporation, trustees or other persons, and two-thirds of the
owners of the real property to be benefited by the proposed
improvement (including the said corporation, trustees, or other
persons), representing at least one-half in value of the property,
including the said property so vested in the corporation,
trustees, or other persons aforesaid, petition the Council for the
said improvement.
i 144. In case of a special assessment on property benefited by Provision for cod
local improvement, the Council of the City (if they think fit) may, by focanmgrovemefn
by-law, provide for constructing, at the expense of the general funds opposite
of the City, such part of the local improvement as is situate upon or in Land. *""
that part of any street, lane, alley, public place or square, or as would
otherwise fall on property exempt from assessment, and the Council
may provide for the cost in the general rates or taxes for the year, or
by the issue of debentures, or in such other manner not inconsistent
with the provisions of this Act, or any special Act, as to said Council
iay seem best, and subject to such by-laws as the Council may pass
in that behalf.
363
-thirds of"
jjuiauion, trustees or
other persons, peti-
public Actions t(
menced w
months.
Chap. 54. Vancouver Incorporation. 64 Vict.
Actions and Judgments against the City.
145. All actions orsuits for indemnity for any damages or injuries
sustained by reason^oTa^iy^egfecrof duty by the City shall be commenced within six months after the cause of such action shall have
arisen, but not afterwards; in case there shall be a continuation of
damages, then within one year after the original cause of action first
arose.
Actions against per- 146. Any action against any person for anything done in pur-
done^n pfrsiiance of suance of this Act shall be brought within three months next after the
this Act. act committed; or in case there shall be a continuation of damages
then within six months after the original cause of action first arose.
Tender or payment 14 T. The Council, upon any claim being made or action brought for
damages for alleged negligence on the part of the City, may tender or
pay into Court (as the case may be) such amount as they may consider
proper compensation for the damage sustained, and in the event of the
non-acceptance by the claimant of such tender, or of the amount paid
into Court, and of the action being proceeded with, and no greater
amount being recovered than the amount so tendered or paid into
Court, the costs of suit shall be awarded to the defendants, and set off
against any amount recovered against them.
148. In the event of a final judgment or judgments obtained against
the Council in any Court of Law having jurisdiction in this Province
in respect of any debt due by said Council to any person or persons,
company or corporate body, residing or being in the said Province, or
elsewhere, and the said Council being unable, or from any cause
unwilling, or refusing to pay the same, the Sheriff of the district in
which said City is situated shall issue a warrant under bis hand and
seal, directed to the Assessor or Assessors of the City for the time
being, whose duty it shall then be, with all due diligence, to proceed
and make a special assessment of all real and personal property within
the limits of said City of Vancouver liable to taxation in the same
manner in which the annual assessment is made, and to return the
assessment rolls to the said Sheriff, who shall cause a Collector's roll to
be made out from said assessment roll, and shall levy an equal special
rate on all property so assessed, such rate to be sufficient when collected
(and allowing a reasonable allowance for uncollectible taxes) to pay
the said judgment or judgments, together with legal costs and expenses;
and the said Sheriff shall place the said rolls in the hands of the Collector for the City for the time being, whose duty it shall be to
proceed with all due diligence to collect the said special rate in the
same manner as herein provided fer the collection of taxes levied by
the said Council, and to make a return thereof to the said Sheriff in
the same manner as herein provided for the return to the Treasurer of
the ordinary taxes levied by said Council, and the Sheriff shall forth-
364
Special assessmen
to be made and n
levied.  1 1900. Vancouver Incorporation. Chap. 54.
with pay the amount of the said judgment or judgments out of such
special rate so levied and collected, and shall pay the said Assessor or
Assessors and Collector for their services, as herein provided, a reasonable sum, based upon the actual time occupied in making such assessment and collection:
•   (1.) Any amount remaining in the possession of said Sheriff of the Sheriff to ]
said special rate (levied and collected as herein before provided), ^l[ . a"y:
after payment of the said judgment or judgments, and all legal
costs connected therewith, shall be forthwith paid by him to
the Treasurer of the City for the general purposes of the said
City, and he shall also make a return of the said Assessor's and
Collector's rolls, an account in detail of all expenses and disbursements and costs and all proceedings connected therewith,
to the City Clerk, who shall lay the same before the Council at
the next meeting thereafter:
(2.) The said Council shall, if it see fit to do so, submit the account Sheriff's cos
of the said Sheriff, of the expenses, disbursements  and  costs
arising out of or connected with the said special assessment, to
one of the Judges of the Surpeme Court, who shall, on notice
to said Sheriff, tax the same and allow such items as to him
shall seem just and right: Provided that no execution shall
issue in any suit against the City until the expiration of twenty
days after the entry of final judgment therein.
Remedy Over, in Case of Action.
140. In case an action is brought against the Corporation to recover Remedy ove
damages sustained by reason of any obstruction, excavation or opening motion "ft
in or near to a public highway, street or bridge, placed, made, left or
maintained by any person, persons or body corporate other than a
servant or agent of the Corporation, or to recover damages sustained
by reason of any negligent or wrongful act or omission of or failure to
comply with the provisions of any by-law of the City by any person,
persons or body corporate, other than a servant or agent of the Corporation, the  Corporation  shall  have  a  remedy over  against  such
person, persons or body corporate, and may enforce payment accordingly of the damages and costs, if any, which  the  plaintiff in  the
action may recover against the Corporation.
150. The Corporation shall be entitled to such remedy over in the Corporation
same action, if the other person, persons or body corporate is made a same Action
party to the action, and if it is established in the action as against such
other person, persons or body corporate that the damages were sustained by reason of an obstruction, excavation or opening'in or near to
a public highway, street or bridge, placed, made, left or maintained by
such person, persons or body corporate, or by reason of any negligent
or wrongful act or omission of any person, persons or body corporate
365 Chap. 54.
Vancouver Incorporation.
64 Vict.
Adding as party de- other than a servant of the Corporation ; and the Corporation may in
fondant. guc^ ac^on nave the other person, persons or body corporate added as
a party defendant or third party for the purposes hereof (if not already
a defendant in the action jointly with the Corporation); and the other
person, persons or body corporate may defend such action as well
against the plaintiff's claim as against the claim of the Corporation to
a remedy over, and the Court or Judge, upon the trial of the action,
may order costs to be paid by or to any of the parties thereto, or in
respect of any claim set up therein as in other cases.
uch other person, persons or body corporate be not a party
1 defendant to such action, or be not added as a party defendant or
third party, or if the Corporation has paid the claim for such damages
before any action is brought to recover the same, or before any recovery
of damages or costs against the Corporation therein, the Corporation
shall have a remedy over by action against such other person, persons
or body corporate for such damages and costs as have been sustained
by reason of any obstruction, excavation or opening placed, made, left
or maintained by such other person, persons or body corporate.
it 153. Such other person, persons or body corporate shall be deemed
to admit the-validity of the judgment, if any, obtained against the
Corporation in cases only where a notice has been served on such other
person, persons or body corporate pursuant to the provisions of the
Rules of Court made under the Supreme Court Act, or where such
other person, persons or body corporate has admitted or is estopped
from denying the validity of such judgment.
o 153. Where no such notice has been served, and there has been no
such admission or estoppel, and the other person, persons or body corporate has not been made a party defendant or third party to the
action against the Corporation, or where such damages have been paid
without action, or without recovery of judgment against the Corporation, the liability of the Corporation for such damages, and the fact
that the damages were sustained by reason of an obstruction, excavation or opening placed, made, left or maintained by the other person,
persons or body corporate must be established in the action against
such other person, persons or body corporate to entitle the Corporation
to recover in such action.
154. Where a solicitor or counsel is employed by the Council, whose
remuneration is wholly or partly by salary, annual or otherwise, the
n Corporation shall, notwithstanding, have the right to recover and
collect lawful costs in all actions' and proceedings in the same manner
as if the solicitor or counsel was not receiving a salary, when the costs
are, by the terms of his employment, payable to the solicitor or counsel
as part of his remuneration in addition to his salary.
366   Vancouver Incorporation.
Printing, Stationery and Supplies.
Chap. 54.
Jr,
ifA/
155. It shall be the duty of the City Clerk, on or before the first Tenders for printing
j n T . , , ,,,.„, .„ ,n to be called for an-
day oi January m each and every year, to advertise tor tenders tor all nually.
printing and blank work of any kind and description; and such tenders
when received shall be opened by the City Clerk, subject to such
restrictions as the Council shall determine, and the Council may enter
into such contract as may seem desirable in the interests of the City.
156. The City Clerk, or Purchasing Agent if appointed, and no Purchase of station-
other officer or person on behalf of the City shall order and purchase siUons for.
all supplies so far as the same relate to paper, envelopes, stationery and
sundries, and he shall issue the same upon the written requisition of
the several boards and heads of the City Government. He shall keep
a record of all such purchases and requisitions in a book provided for
that purpose, and shall make therefrom a semi-annual report, in detail,
to the Council. A transcript of all bills for printing, stationery, and
blank work of every description used in the several departments shall
be filed with the City Clerk, who shall enter the same upon the record,
and include the same in his report as herein provided.
157" It shall be lawful for the Council to appoint, by by-law, a Purchasing agent.
Purchasing Agent, who shall be empowered to purchase goods, stores
and supplies for the City, subject to such regulations and restrictions
as may be contained in the said by-law.
158. No bills for printing and supplies, as are contemplated by Bills for printing and
this Act, shall be allowed unless they are contracted for under the ordered not to be
provisions of this Act. Paid-
150. All bills contracted for under the provisions of this Act, before All bills to be certi-
they are paid, shall have the endorsement of the City Clerk or Purchasing Agent, if appointed, and the heads of the department to which
the said goods were supplied.
1 CO. It shall be lawful for the Council in awarding any contract Stipulations in con-
for work or supplies to stipulate a minimum wage to be paid to all ^J^ ° nmu    m
persons engaged upon or working upon or in connection with such
contract, or in the discretion of  the   Council  to stipulate that all
materials supplied under any contracts shall have affixed thereto or
impressed thereon what is commonly known as the Union Label.
Licensing (Liquor).
61. All licences for the sale of intoxicating liquors shall be granted Licences to be
and issued by a Licensing Board, which will consist of five members, Sing Board,
of whom the Mayor or Acting Mayor shall be one, two persons who
shall be elected annually by the voters in accordance with the provisions contained at the time and in the manner directed for the
367 1-Chap. 54.
Vancouver Incorporation.
J^»
Licensing Board may
pass by-laws, etc.
Wholesale licences.
f
Board has no pow
to pass by-law to
regulate fees.
Effect of such by-
election of Mayor, and two persons who shall be appointed by the
Lieutenant-Governor in Council, on or before the first day of February
in each year, any three of. whom shall form a quorum, which Board
shall also have the power to transfer or revoke any liquor licence.
162. The Licensing Board of the City may from time to time, by
resolution of a majority of their number, pass by-laws for defining the
conditions and requirements to obtain hotel and saloon licences for the
retail within the City of spirituous, fermented, or other intoxicating
liquors, shop licences for the sale within the City of such liquors in
shops or places of public entertainment, and also wholesale licences for
the sale by wholesale within the City of such liquors in warehouses,
stores or shops; for imposing and enforcing a penalty or penalties, and
directing the mode of collecting and collecting the same, and in default
of payment imposing a penalty by way of fine or imprisonment against
persons for selling intoxicating liquors within the City of Vancouver
without first having obtained a licence therefor from the proper officer
or officers whose duty it may be to issue the said licence or licences,
and for limiting the number of licences for hotels, shops and saloons
to be issued in the City, and for regulating and cancelling of licences
before the expiry of the time for which such licences were issued, and
for appointing inspectors or such other officers as the Board may deem
necessary for the efficient regulating of houses of entertainment or
other places for the sale of liquor, and for the efficient regulating and
governing of hotels, shops, saloons, and places for which licences to
sell liquor have been issued, and in which liquor is sold, and the proprietor or proprietors of the same, and regulating the sale of such
liquors: Provided this section shall not be construed to empower the
Board to pass any by-law to regulate the fees or duties upon any
licence for the sale within the City of spirituous or other intoxicating
liquors. Any by-laws passed by the Board under this section shall
have the full force and effect of City by-laws, and as if they had been
passed by the Council under the powers conferred on them to pass bylaws by this Act:   Bj^*»dedHiraWByHby4aws-^
natTTwao rnto-erfeelraatiUseven 'daysH^m*^he^rrHiea;ti©nH!rrg?eof~1ri
the  British  Coin ml""  (Wot.^ q o^y-^J^^^^f-r^TTTr^^ iIr M*ll
CeiJrt"s"'oTHhe-feoA4ftefe-«f felnjiunluiUi of any nurh by lay. In and by
any such by-laws the Licensing Board may impose penalties for the
infraction thereof, which shall be recoverable in the same manner as
penalties for the infraction of any by-laws passed by the Council of
the City. In the event of any person holding a licence under the provisions hereof or of any by-law passed thereunder being convicted in
any Court of the Province three-times for any offence against the provisions hereof, or of any by-law passed thereunder, whether such
convictions were made during any one or more years but while such"
person holds a licence, his licence shall thereupon become ipso facto
368   1900.
Vancouver Incorporation.
Chap. 54.
void and forfeited, and such person shall not be capable of holding or
being interested in, directly or indirectly, any licence issued under
the provisions hereof for a period of three years from the date of the
last of such convictions.
163. No sale or other disposal of liquors shall take place in any Saloons to be closed
hotel or saloon licensed for the sale of intoxicating liquors on any onpo 1Dg  ay'
polling day for any civic election between the hours of nine in the
morning and seven in the evening.
164. The  Mayor,  with  any one Justice of  the Peace or Police Mayor, etc., may
Magistrate alone, upon complaint made on oath to them, or any of er™ to^of riotousTr
them, of riotous or disorderly conduct in any hotel, inn or tavern, ale disorderly conduct
or beer-house situate in the City, may summon the keeper of an hotel,
saloon, inn, tavern, ale or beer-house, to answer the complaint, and
may investigate the same or hear the same summarily, and either
dismiss the complaint or convict the keeper of having a riotous and
disorderly house, and annul his licence or suspend the same for not
more than one hundred days, with or without costs, as in their
discretion may seem just.
Police Magistrate.
165. Every Police Magistrate in and for the said City shall be Appointment of
appointed by the Lieutenant-Governor in Council, and shall hold office   ° ce   agls ra e"
during pleasure, and any such appointments may be cancelled by the
order   of   the   Lieutenant-Governor   in  Council.     The  Lieutenant-
Governor in Council shall, by an Order in Council, fix, and may from
time to time vary, the salary to be paid to such Magistrate, and said Salary,
salary shall be paid by the Municipality.
166. Every Police Magistrate appointed under this Act by the Eve
Lieutenant-Governoi
. Council shall, ex-officio, be a Justice of the
Peace for the Electoral District for which, i
been so appointed.
• for part of which, he has
r Police Magis-
is, ex-officio, a
3e of the Peace.
161. The Police Magistrate, by virtue of his appointment as Police Police Magistrat
which he exercises the office of Police Magistrate, and shall have and c
exercise, within the City, all the lawful powers and authorities which
are by law had and exercised by any Stipendiary Magistrate of this
Province, and shall have full power to do alone whatever is authorised
by any Statute in force in this Province to be done by two or more
Justices of the Peace; and every Police Magistrate shall have such
power while acting anywhere within the Electoral District for which
he is, ex-officio, a Justice of the Peace.
168. In case of the illness or absence, or at the request of the Police if Police Magistrate
Magistrate, any two or more Justices of the Peace may act in his place l11 °5 aDsent> tw°
369 US1C6S may af ' 1900.
Vancouver Incorporation.
Chap. 54.
in any matter within the jurisdiction of the Police Magistrate, and
such Justices of the Peace, or a majority of them, shall in such case
have all the powers which by any Statute are given to Police Magistrates in the Province; but this section shall not be construed to
prevent one Justice of the Peace from acting for a Police Magistrate
wherever, by law, one Justice of the Peace has jurisdiction in that
behalf.
7 ' 160. The following oath, and also the oath of allegiance, as set
forth in Form B of the "Magistrates' Act," shall be taken by the
Police Magistrate, and the same may be taken before any Justice of
the Peace, who is hereby authorised to administer the same:—
" I, , swear that, as Police Magistrate for the Corporation
of the City of Vancouver, in the Province of British Columbia,
in all articles in the Queen's Commission to me directed, I will
do equal right to the poor and to the rich, after my cunning,
wit and power, and after the laws and customs of the realm
and Statutes thereof made, and that I will take nothing for my
office of Police Magistrate to be done but of the Queen, and fees
accustomed, and costs limited by Statute.    So help me God.
(Signature of Police Magistrate.)
" Sworn and subscribed by the said before me, at
, this day of   ? ,19    ."
1 TO. Every oath of office or allegiance taken by a Police Magistrate
shall forthwith, after the same is taken, be transmitted or delivered
by the Police Magistrate to the Provincial Secretary, who shall file
the same among the records of his office.
171. Neither the Police Magistrate, nor partner, nor clerk of his,
. shall act as solicitor, agent or counsel in any cause, matter, prosecution
or proceeding of a criminal nature; nor shall such Police Magistrate,
partner or clerk act as aforesaid in any case which by law may be
investigated or tried before a Magistrate or Justice of the Peace.
172. The Council of the City shall establish therein a police office,
and the Police Magistrate shall attend at such police office daily, or at
such times and for such period as may be fixed by the Council, for the
disposal of the business brought before him as a Justice of the Peace.
1T3. No Justice of the Peace shall admit to bail or discharge a
prisoner, or adjudicate upon or otherwise act in any case for the City,
except in the case of the illness jar absence or at the request of the
Police Magistrate.
Police Court Clerk.       1?4. The Council may appoint a Police Court Clerk and define his
Salary. duties and salary.
Justice of Peace shall
only act if Police
Magistrate ill or
absent. wfa cbds<b~&AY*A, fc^Au  Cnu.  <L
ft^uu^ /7/y qaa^ n^01-n-K
O^-LA  1900.
Vancouver Incorporation.
Chap. 54.
hich the Justice may commi
offender to gaol if n
175. The Mayor shall be ex-officio Justice of the Peace in and for Mayortobeex-officio
the City during his term of office; the Mayor and Police Magistrate
shall have jurisdiction to try and determine all prosecutions for offences Jurisdiction of
committed against the by-laws of the City, for refusing to accept office MagTstrate.
therein or to make the declaration of qualification of office respectively,
or in addition thereto the same rights and jurisdiction as other Justices
of the Peace.
116. The Mayor or Police Magistrate before whom a prosecution is May convict on oath
. of credible witness,
had tor any offence, may convict the offender on the oath or affirmation of any credible witness, and shall award the penalty or punishment imposed by law with the costs of prosecution; and may by
warrant under the hand and seal of the Justice, or other authority, or
in case two or more Justices act together therein, then under the hands
and seals of said Justices, cause any pecuniary penalty and costs, or
costs only, if not forth with paid, to be levied by distress and sale of
the goods arid chattels of the offender.
ITT. In  case of there being no distress found out
penalty can be levied, the Justice may commit the offender to the
district gaol, house of correction or nearest lock-up house, for the time
specified in the by-law, and with or without hard labour.
IT8. All pecuniary penalties levied under this Act shall go to the Penalties to go to
Corporation of the City. y'
1 TO. The gaoler of the district shall be bound, and he is hereby Gaoler to receive^ all
authorised and required, to receive and safely keep until duly dis- to his charge,
charged, all persons committed to his charge by the Mayor, Police
Magistrate or any Justice of the Peace having jurisdiction in the said
City, and the City shall pay to the Province or other duly constituted
authority having jurisdiction, such compensation therefor and for the
care and maintenance of persons as may be mutually agreed on, or be
fixed by the Lieutenant-Governor in Council in case of disagreement.
180. All fines and penalties imposed under this said Act, or for All fines to be paid
enforcing any law of this Province made in relation to any matter m y exc e1uer-
coming within any of  the classes  enumerated in section 92 of  the
I British North America Act, 1867," imposed within the said City, and
to which the City may be entitled, and all fines and penalties for
offences against the by-laws of the City shall be paid into the City
exchequer.
181. It shall not be necessary in any conviction made under any Form of conviction,
by-law of the Corporation, to set out the information, appearance or
non-appearance of the  defendant, or the evidence or by-law under
which the conviction is made; but all such convictions may be in the
form following :—
Y 371 Vancouver Incorporation.
Province op British Columbia,^
City of Vancouver. >
To Wit: )
Be It Remembered,
that on the day of , A.D., , at
in the County of , A. B. is convicted
before the undersigned, , in and for the said
City, for that the said A. B. [stating the offence and time and place,
and when and where committed] contrary to a certain by-law of the
City of Vancouver, passed on the day of , A.D.
, and intituled [reciting the title of by-law]; and I adjudge
the said A. B., for his said offence, to forfeit and pay the sum of
, to be paid and applied according to law, and also to pay to
C. D., the complainant, the sum of for costs in this behalf.    And
if the several sums are not paid forthwith (or on or before the
day of as the case may be), I order that the same be levied by
distress and sale of the goods and chattels of the said A. B.; and in
default of sufficient distress, I adjudge the said A. B. to be imprisoned
in the common gaol of the said City of Vancouver for the space of
unless the said several sums and the costs of the said distress
and of the committal and conveyance of the said A. B. to such gaol are
sooner paid.
Given under my hand and seaX the day and year first above written^-
at the said City of Vancouver.
All by-laws author- 18/5. All by-laws authorised under the provisions of this Act,
payment, imprison- "which have been or which may hereafter be enacted, and which have
ment, declared to be imposed or mav impose fines and penalties and the recovery thereof
good and vabd. . J . . J
with costs by summary conviction, and which authorise, in default of
payment, the commitment of the offender to the common gaol, house
of correction or lock-up house of the county or municipality unless
such fine and costs, including the costs of the committal and conveyance to the common gaol, house of correction or lock-up house are
sooner paid, are hereby declared to be good and valid, notwithstanding that such by-law, amongst other things, authorises the imprisonment of the accused during the period for which by-law he might be
imprisoned unless such costs of committal and conveyance to the
common gaol, house of correction or lock-up house, are sooner paid;
and no conviction shall by reason only that it includes the cost of such
conveyance and committal, be impeached, quashed or set aside.
Park Commissioners.
Park Board. 183. A Board of Commissioners, to be known as the Park Board,
shall be elected as follows, and shall have the custody, care and management of the Public Parks and places of the City, and which are
maintained by public money.
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t fi. rv\ v 1900.
Vancouver Incorporation.
Chap. 54.
184. The Park Board shall consist of three members, or such other <
number as the Council may by by-law provide, to be nominated and
elected at the same time and in the same manner as the Mayor of the
City, oa^oL fui AaaAaIa Q. fasjurot j, C^i uU
185. The Park Board may from time to time pass by-laws for the
use, regulation, protection, and government of the park or parks, the
approaches thereto and streets connecting the same, not inconsistent
with the provisions of this Act or any law of the Province. *■""?
(1.) The said Board shall have power to inflict penalties for the
infraction of any by-law, and the same shall be enforced by the
Police Magistrate of the City, or by any Justice of the Peace
of the Province in the manner and to the extent that any bylaw passed by the Council may be enforced:
(2.) The Chairman, or any two members, may summon a special
meeting of the Board, by giving at least two days' notice in
writing to each member, specifying the purpose for which the
meeting is called, at which meeting two shall form a quorum:
(3.) The office of any member of the said Board who shall be absent
from the meetings of the Board for three successive months
without leave of absence from the Board, or without reasons
satisfactory to the Board, shall be declared vacant by the
Board, and notice thereof shall be given to the Council at the
next meeting of the Council:
(4.) The said Board shall in the month of January in every year
make up, or cause to be made up, an estimate of the sums
required during the ensuing financial year for—
(a.) The interest of any money borrowed as herein mentioned:
(6.) The amount of the sinking fund; and
(c.) The expense of maintaining, improving and managing the
parks, boulevards, avenues and streets under their control.
186. The Board may at any time pass, alter and repeal by-laws
for the punishment of the following offences, that is to say:—
If any person does or commits any of the following acts:
(1.) Wilfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the said Board or their
engineers, surveyors, managers, contractors, servants, agents,
workmen, or any of them, in the exercise of any of the powers
and authorities in this Act authorised and contained; or
(2.) Wilfully and maliciously lets off or discharges any water so
that the same runs waste and useless from or out of any
reservoir, pond or lake connected with any such park; or
(3.) Causes any dog or other animal to swim in the water, or throws
or deposits any injurious nuisance or offensive matter into the
373
Power to pass by-
When office of any
member shall be de-
Estimate of sums
required during
ensuing year.
Interest.
Sinking fund. Vancouver Incorporation.
64 Vict.
water in any reservoir, lake, pond, or other receptacle for water
connected with any such park, or upon the ice in case such
water is frozen, or in any way fouls the water, or commits any
unlawful damage or injury to the works, pipes, or water, or
encourages the same to be done; or
(4.) Wilfully or maliciously injures, hurts, defaces, tears, or destroys
any forest, ornamental or shade tree or shrub, or other plant,
or any statue, fountain, vase or fixture or ornament, or utility,
in any street, avenue, drive, park, or other public place under the
control of any such Board, or wilfully, negligently or carelessly
suffers or permits any horse or other animal driven by or for
him, or any animal belonging to him, or in his custody,
possession or control, and lawfully on the street or other public
place, to break down, destroy or injure any tree standing for
use or ornament in any such public park or place; or    -
(5.) Wilfully or maliciously injures, hurts, or otherwise molests or
disturbs any animals, birds or fish kept in any such park, or in
the lakes or ponds therewith connected:
(6.) Or posts, paints or affixes any advertisements or bills of any
kind whatsoever in any such public park or place :
(7.) Any person who is adjudged guilty of any offence within the
meaning of the foregoing sub-sections shall be liable to a
penalty of not more than fifty dollars, or in default of payment
thereof not more than two months' imprisonment, with or
without hard labour.
Upon request of
Park Board, Mayo
to detail members
of Police force.
18T. It shall be the duty of the Mayor or Police Committee, upon
the request of the Park Board, to detail for service in any of the
public grounds under the care of the Park Board, so many of the
police force as the Mayor or Police Committee may deem necessary to
maintain order and protect property therein; and any policeman on
duty in the grounds may remove therefrom any person guilty of a
violation of any of the provisions of this Act, or of any of the rules
and regulations established by the Board.
188. The Park Board and the officers thereof shall have the like
protection in the exercise of their offices and the execution of their
duties as Justices of the Peace have under the laws of this Province;
and the watchmen and other officers of said Board, when in the
discharge of their duties, shall be ex-officio possessed of all powers and
authorities of constables.
Meetings of and Proceedings at Council.
180. The Council shall meet at noon on the first Monday subsequent to the annual election in each year, or in case such Monday
374  F
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1 1900.
Vancouver Incorporation.
Chap. 54.
member of Coun-
to be eligible for
ce under City.
shall be a statutory holiday, then such meeting shall be held on the
next day thereafter at noon:
(1.) The Mayor and members of the Council, and the subordinate
officers of the City, may make declaration of office and qualification before any Justice of the Peace having jurisdiction in
the City of Vancouver, or before the Clerk of the Council:
(2.) No previous resolution of the Council passed in the then current
year on any matter shall be rescinded unless by a two-third
vote of the members of the Council then present, and no
decision or ruling of the Mayor or presiding officer, while in
the chair, shall be overruled except by a vote of two-thirds of
the members of the Council present:
(3.) No member of the Council shall, during the term for which he
is elected, be eligible or appointed to any office- under the City:
(4.) The  Council may by by-law make any regulations for  the Council may pass by
procedure and conduct of the business,. the  appointment of cedurefe'tc.
committees for the carrying on of the business of the City
which they may think desirable.
Officers of the Corporation.
1 OO. The Council shall by by-law provide for the appointment and Appointment of
the method of appointment of officers of the Corporation to fill or °
occupy positions as may from time to time be vacant, as it may deem
necessary or expedient to carry on the good government of the City
and the provisions of this Act.   L^ ^(a~MaUUUj\s^ ^~(A ^^f^f-^A/j
101. Any person holding any office to which he has been properly
appointed by the Council shall hold the same during good behaviour
and efficiency, and, notwithstanding any contract or agreement to the
contrary, the Council or the employee may terminate any engagement
by giving to the other one month's notice in writing.
103. All officers in the employ of the Council shall do, execute and Duties to be define
perform such services as the Council may from time to time by reso-   y  y' aw-
lution or by-law define;  provided, however, that no resolution or
by-law shall alter any of the duties imposed by this Act.
103. All City offices shall be kept open from nine o'clock, A. M., to office hours,
five o'clock, p. M., except on Saturdays, when the offices shall be closed
at twelve o'clock, noon.
104. All officers shall give  satisfactory bonds  for  the due and Security to be give
proper performance of their duties, if required by the Council, before   yo
entering on their duties, and shall subscribe a proper oath of office.
105. All moneys belonging to the City received by any officer or All moneys receive
agent thereof, either from collections, loans, fees, fines and penalties, or be paid^to Treasure
otherwise, shall be deposited in the City Treasury once a day, and in ea°h day.
Office to be held
during good  beha
vior and subject t< Chap. 54.
Vancouver Incorporation.
64 Vict.
case the provisions of this section are not complied with, it shall be the
Treasurer's duty to report any delinquencies to the Mayor. The
■ shall make receipts in all cases for the party paying, which
shall set out the amounts, and on what account paid, and to what
account credited. All payments on account of pay-rolls shall be made
by the Treasurer, after the same have been audited by the Accountant
and placed in his hands therefor. All payments of salaries or wages
shall be paid by the Treasurer, who shall pay each person, or his legal
representative, and take a proper receipt therefor.
Mayor.
106. The Mayor shall be chief executive officer of the Corporation,
and it shall be his duty to be vigilant and active at all times in causing
the law for the government of the City to be duly executed and put
in force. He shall have unrestricted authority and power to inspect
and order the conduct of all officers and employees of the Corporation,
and to direct the method of management of the Corporation business
and affairs, and to suspend the officers and employees of the Corporation, and, as far as may be in his power, to cause all negligence, carelessness and violation of duty on the part of the officers and employees
to be prosecuted and punished; but every such case of suspension shall
be reported to the Council at its next sitting, and if the Council decide
by resolution to reinstate any officer who has been so suspended they
may do so, or the Council may decide to make such suspension absolute;
to recommend such measures within the powers of the Council as may
tend to the improvement of the finances, health, security, cleanliness,
comfort and ornamentjof the City; and the Council may by by-law
fix a sum not exceedingf%w©Hhousand dollars to be paid to the Mayor
annually.
10T. The Council, or any committee thereof, shall have power, under
the hand and seal of the Mayor, to summon witnesses for examination
on oath in any and all matters connected with or relating to the
administration of the City business, and the Mayor, or Acting Mayor,
shall have the same power to enforce the attendance of such witnesses,
and compel them to give evidence, as is vested in any Court of Law in
civil cases. The Mayor, or Acting Mayor, shall administer the oath to
any witness, and such witness shall be examined, cross-examined, and
re-examined according to the rules and practice of the Supreme Court
of British Columbia in civil
h
Treasurer.
108. The Counei
shall appoint a Tres
(1.) It shall be th
j duty of the Treasu
into the City
Treasury from wha
the same onl
y when ordered by i
signed by the
Mayor and City Ch
II t^Afa^AuJr^l^  ifc IIAJ^UUAa{)4u  ^ ^t&AALCj  )T\CLL
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^fc*   AAj~v~x^La> r &-U CucjtZi^ fr>7 GtUAuyJ
J  190°- Vancouver Incorporation. Chap. 54.
(2.) The Treasurer shall keep a complete and accurate account of all To keep an accoun
moneys by him received, showing the amount thereof, the time otttudTeceTvecT1'
when, and from whom and on what account received, and also
of all disbursements by him made, showing the amount thereof,
the time when, and to whom paid:
(3.) The Treasurer shall daily (Sundays excepted) deposit, or cause To deposit all mon-
to be deposited, all moneys belonging to the City in some bank eys in bank dai]y-
to be designated by the Council:
(4.) The books, accounts and vouchers of the Treasurer, and all Books and account!
moneys remaining in the City Treasury, shall at all times be *°oJe °Pen to insPec
subject to the inspection and examination of the auditors, the
Finance Committee and any member of the Council:
(5.) The Treasurer shall, during the week succeeding the 31st day Financial statement
of December in each year, make a full statement to the Finance at close of year-
Committee of the amount of all his accounts for the year ending
the 31st day of December, and shall through said committee
report to the Council an abstract of all his receipts and disbursements to and from each fund of the City :
(6.) The Treasurer on going out of office shall deliver to his successor On leaving office, to
all public moneys, books, accounts, papers and documents in his hand over a11 books'
,   . „ , r papers, etc.
possession; and in case of his death the Finance Committee
shall take possession of and keep the same until a successor is
appointed:
(7.) The Treasurer shall report to the first regular meeting of the Report to the first
Council in each month, the amount of money at the credit of reSular meetinS-
the City, specifying the fund to which it belongs:
(H.) On presentation of certificates of indebtedness issued by the Disbursement of
City Clerk to the said Treasurer, and countersigned or certified municiPal funds-
by the Mayor, or acting Mayor, the Treasurer shall pay the
same from any unexpended balance to the credit of the fund
properly chargeable therewith. All payments made on account
of pay rolls shall be made by the Treasurer after the same have
been audited by the Accountant or Comptroller and placed in
his hands therefor:
(9.) The Treasurer shall take an oath of office and give bonds to the Treasurer's oath and
satisfaction of the Council in the sum of fifteen thousand dollars, security-
or such other sum as the Council may by resolution enter on
the minutes or by by-law appoint, conditioned for the faithful
performance of his duties, and shall further perform such other
duties as the Council may require:
(10.) The Treasurer shall, on or before the second Tuesday in May Estimates of expend-
in each year, submit to the Council a report of the estimates iture for the' curreiit
necessary as near as may be to defray the expenses of the City
government and for the payment of maintenance of schools,
377 Vancouver Incorporation.
64 Vict.
and the interest and sinking fund on the debenture debt during
the current fiscal year.     He shall, in such report, class  the
different objects of the said City expenditures, giving as nearly
Statement of all con- as may be the amount required.    He shall make a statement
tracts made. of ^ contracts ma(je or directed by the Council and not per
formed or completed, and upon which any money remains
unpaid, with the amount so unpaid on each, and for this purpose he shall require the City Engineer and other officers and
heads of departments to furnish such information as he needs to
enable him to fulfil the duties imposed on him by this section;
he shall also in such report show the aggregate income of the
Liabilities. preceding fiscal year from all sources, the amount of all liabilities
outstanding, and of all bonds, interest, and other kinds of City
debts, payable during the year, and when due, so that the
Council may fully understand the money exigencies and demands
of the City for the ensuing year.
City Clerk.
Clerk and his duties. 100. The Council shall appoint a Clerk, and the Clerk, shall truly
record in a book, without note or comment, all resolutions, decisions
and other proceedings of the Council, and, if required by any member
present, shall record the name and vote of every member voting on
any matter submitted, and shall keep the bocks, records and accounts
of the Council, and shall preserve and file all accounts acted upon by
the Council, and also the originals or certified copies of all by-laws,
and of all minutes of th? proceedings of the Council, all of which he
shall so keep in his office or in the place appointed by by-law of the
Council.
If Clerk ill or absent     300. The Council may by resolution provide that, in case the Clerk
substitute. is absent or incapable through illness of performing the duties of Clerk,
some other person to be named in the resolution, shall act in his stead;
and the person so appointed shall, while he so acts, have all the powers
of the Clerk.
Any person
rolls, ot
301. Any person may, at all reasonable times, inspect any of the
particulars aforesaid, as well as the assessment rolls, voters' lists, poll-
books, and other documents in the possession of or under the control
of the Clerk, and the Clerk shall, within a reasonable time, furnish
copies thereof to any applicant at the rate of ten cents per hundred
words, or at such lower rate as the Council appoints, and shall, on payment of the proper fee therefor, furnish within a reasonable time, to
any elector of the City, or to any other person interested in any bylaw, order or resolution, or to his solicitor, a copy of such by-law,
order or resolution, certified under his hand, and under the corporate
seal.
378   1900.
Vancouver Incorporation.
Chap. 54.
203. A copy of any document in the possession of or under the con- Copy of document
trol of the Clerk of the City, certified under his hand and under the to be deceived in
corporate seal of the City, may, after the original thereof has been e""dence, etc.
produced from the proper custody, be filed in any Court in lieu of such
original, and shall be received in evidence without proof of the seal of
the Corporation, or of the signature or official character of the person
appearing to have signed the same, and without further proof thereof,
unless the Court or Judge otherwise directs.
203. If the Clerk refuses or neglects to perform the duty required Penalty for Clerk re-
of him by the preceding section, he shall, upon conviction thereof tVduty* neg e° m°
before any Court of competent jurisdiction, forfeit to Her Majesty such
sum as the Court may order and adjudge, not exceeding one hundred
dollars.
Accountant.
204. The Council shall appoint an officer, to be known as the Accountant and his
Accountant or Comptroller of the City, who shall perform such duties
as Accountant or Comptroller thereof as may be prescribed in- the
P-i-eeeduse- By-law of the City, and the Council may, in fixing the
duties to be so performed by said Accountant or Comptroller, direct
that he shall perform such and so many of the duties of the Treasurer
and City Clerk, respectively, as shall be defined in said by-law, any
thing contained in this Act. Cr\
u
Aua/dor.
205. The Council shall appoint one or more Auditors; but no one Auditor,
who, at such tune, or during the year preceding such appointment, is
or was a nrembe^.or]^orwas3Ct'lerk or Treasurer of the City, or
who has or during such preceding year had, directly or indirectly,
alone or in conjunction with any other person, a share or interest in
any contract orijmiplovment with or on behalf of the Corporation
except as AumtorTsnailOe appointed an Auditor.
206. The Auditor or Auditors appointed under the next preceding Duties of Auditors,
section shall, every month, commencing in January of each year, and
so on to the end of each year, examine and report upon all accounts
affecting the Corporation, or relating to any matter under its control
or within its jurisdiction.
20T. The Auditor or Auditors shall examine and report upon all Auditors shall ex-
accounts affecting the Corporation, or relating to any matter under its amme an  rePor •
control or within its j urisdiction for each year ending on the 31st day
of December.
Appropriations and Payments.
208. No liability shall be incurred or appropriation be made from No appropriation be
,     » o      i  • j.  .i j.    .      t       yond cash in hand.
or on account of any revenue fund in excess of the amount standmg Warrants for -payment of City funds.
Chap. 54. Vancouver . Incorporation. 64 Vict.
to the credit of such fund and remaining unappropriated, nor shall it
be made for purposes to which the money therein is not applicable by
law.
200. No money shall be paid out of the Treasury except on the
warrant of the City Clerk, countersigned by the Mayor, or Acting
Mayor, and no warrants shall be issued on any appropriation unless
there is an unexpended balance to the credit thereof, sufficient to cover
such warrant, and money in the Treasury to pay it.
210. All unadjusted accounts before they are audited must be certified by the officer having knowledge of the facts, and audited
accounts shall be registered in the Clerk's office, and filed and preserved
as vouchers in such office.
Power to Borr
Council may by bylaw borrow, pending
collection of overdue
Pending Collection of Taxes  or  Realization of
Debentures.
211. The Council shall be at liberty and are hereby empowered to
borrow from any chartered bank or other monetary institution, either
by promissory note or overdraft, any sum of money required for
ordinary expenditure in or for the maintenance of the City, pending
the collection of taxes or the realization of debentures issued or to be
issued, and may, pending the realization of debentures issued or to be
issued, hypothecate, pledge or mortgage the same for the repayment
of any money so borrowed and interest thereon.
212. The Council may, by by-law, pending the collecting of any
overdue taxes, borrow for the purposes of ordinary expenditure from
any chartered bank, person or corporation, a sum of money not exceeding fifty per cent, of the aggregate amount of such overdue taxes,
subject to the condition that the said taxes, as collected, shall be paid
into the said bank, or to the said person or corporation, to a special
fund or account to repay the sum so borrowed when due, and shall
not be used for any other purpose: Provided, that it shall not be
necessary for such by-law to receive the assent of the electors, notwithstanding the amount borrowed is not repayable within the same
municipal year. The obligation to be given to the lender as security
shall be defined in said by-law.
213. For authorising, under the following conditions, the borrowing
of such sum of money not exceeding, however, an
ng" levied by genl amount eclual to seventy-five per cent, of the amount of taxes collected
" during the previous year of the sum that was levied that year by
general and special rates upon land, improvements, or real property in
the City, and bearing such rate of -interest as may be requisite to meet
the current legal expenditure and liabilities of the Corporation which
become payable out of the annual revenue before the revenue for the
year becomes payable by the taxpayers:
380
sil may borrow
of  amount   of „
collected dur- irom any pers<
special r;   Vancouver Incorporation
Cha:
(a.) That the money so borrowed shall be repayable and repaid on Money to be repay-
or before the 31st of December in the calendar year in which Dere y s eoem~
it is so borrowed:
(b.) That it shall be a liability payable out of the City revenue for Liabfiitypayable out
., J  K J J of City revenue,
the current year:
(c.) That the obligation given to the lender shall be in writing, Obligation shall be
signed by the Mayor and City Clerk, and shall bear the cor- m
porate seal:
(d.) That the Council shall in the by-law have named the amount By-law shall name
to be borrowed and the rate of interest not exceedable, the date rowed,
on or before which the principal and interest shall be payable,
and the form of the obligation to be given as an acknowledgment of the liability.
Investigations and Commissions of Inquiry.
214. In case the City Council at any time passes a resolution Investigation of mal-
requesting any Judge of the Supreme Court to investigate any matter trust, etc.
to be mentioned in the resolution, and relating to a supposed malfeasance, breach of trust, or other misconduct on the part of any member
of the Council or officer of the Corporation, or any person having a
contract therewith, in relation to the duties or obligations of the
members to the Corporation, or in case the Council sees fit to cause
inquiry to be made into or concerning any matter connected with the
good government of the City or the conduct of any part of the public
business thereof, and if the Council at any time passes a resolution
requesting the said Judge to make the inquiry, the Judge shall inquire
nto the same, and shall for that purpose have full power to summon
witnesses before him to compel them to give evidence upon oath, either
orally or in writing or on solemn affirmation, and to produce and
bring with them such books, documents and things as he may think
requisite for the complete and full investigation of such matter as
aforesaid, and the Judge shall have the same power to enforce the
attendance of witnesses and to compel them to give evidence as is
vested in any Court of Law in civil cases; and the Judge shall, with
all convenient speed, report to the Council the result of the inquiry,
and the evidence taken thereon.
215. In case at least four members of the Council or two hundred When LieuteDant-
and fifty duly qualified electors of the City petition for a Commission mavTs^uyComrnis3
to issue under the great seal of the Province, to inquire into the sion.
financial affairs of the Corporation and things connected therewith,
and if sufficient cause be shown, the Lieutenant-Governor in Council
may issue a Commission accordingly, subject to such terms or conditions as to costs or otherwise as the Lieutenant-Governor in Council
may impose; and the Commissioner or Commissioners, or such one or
381 Chap. 54.
Vancouver Incorporation.
64 Vict.
When money borrowed for special
purpose on hand,
Council may submi
by-law to expend
same otherwise.
more of them as the Commission empowers to act, shall have the same
power to summon witnesses, enforce their attendance, and compel
them to produce documents and give evidence, as any Court has in
civil cases.
Miscellaneous.
216. The Council .shall be deemed and considered as always
continuing and existing, notwithstanding any annual or other election
of the members composing the same; and upon and after the annual
or other election of the members thereof, and_their having organized^
and held their first meeting as a Council^every Council^ayTa^e'up^'
and carry on to completion all by-laws, reports and proceedings which
had been begun or had been under consideration by the Councihfeither
in the then next preceding year or subsequent or prior thereto; and
it shall not be necessary to begin de novo with any by:lawJ_groceeding,
report, matter or thing entertained by the CounciUin such preceding
year, or subsequent or prior thereto as aforesaid.
2IT. When the City shall have a sum of money on hand which has
been borrowed for a special purpose by the authority of a loan by-law,
and when the Council deems it undesirable to expend for such purpose
the money borrowed, it shall be lawful for the Council to place before
the ratepayers a by-law providing for the appropriation and expenditure of such sum of money for some other purpose; and such by-law
shall be subject to the provisions of this Act as to the passage of
by-laws for creating debts, and provided, always, that the consent of
the Lieutenant-Governor in Council shall be obtained to such by-law"*
before the same shall come into effect.
218. Every public street, road, square, lane, bridge or other high-
' way in the City shall be vested in the City (subject to any right in
the soil which the individuals who laid out such road, street, bridge or
highway may have reserved), and such public street, road, square, lane
or highway shall not be interfered with in any way or manner whatsoever, by excavation or otherwise, by any street railway, gas or
water-works company, or any companies or by any company or companies that may hereafter be incorporated, or any other person or
persons whomsoever, except having first made application and received
the permission of the City Engineer in writing.
210. Every such public street, road, square, lane, bridge and highway shall be kept in repair by the Corporation,   tw asdscLJLu^A, /l**-y
cCv? eOdtoidCit0itto     ^°  AU lands conveyed to the Oorporation outside the limits of
vest in City forever, the City, as defined by this Act, are hereby vested in the said Corporation, their successors or assigns, forever.
221. No member or officer of the Council, and no member of the
Board organized under or in connection with the City government,
382
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"4/ "to -Ce^L-/^,   As.
\XXx i  1900.
Vancouver Incorporation.
Chap. 54.
pursuant to any law or by-law, shall in his official capacity, or under
colour of his office, knowingly or wilfully, or corruptly vote for, assent
to, or report in favour of or allow, or certify for allowance, any claim
or demand against the City, or any department thereof, or against any
such Board as above mentioned, which claim or demand shall be on
account or under colour of any contract or agreement not authorised
by or in pursuance of the provisions of this Act, or any claim or
demand against the City, or any. department thereof, or any such
Board as aforesaid, which claim or demand, or any part thereof, shall
be for work not in fact performed for and by authority of said City or
Board, or for supplies or materials not actually furnished thereto,
pursuant to law or by-law; and no such member or officer as aforesaid shall knowingly vote for, assent to, assist, or otherwise permit or
aid in the disbursement or disposition .of any money or property
belonging to the City, or any department thereof, or held by or in.
charge of any such Board as aforesaid, to any other than the specific
use or purpose for which such money or property shall be, or shall
have been, received or appropriated, or collected, or authorised by law
to be collected; and any such member or officer as aforesaid who shall
violate any of the foregoing provisions of this section shall, upon conviction thereof, be punished by imprisonment for not more than one
year, or by fine of not less than five nor more than two thousand
dollars.
222. All contracts, notes, bills, and other sucurities duly authorised Execution of con-
to be executed on behalf of the Corporation, shall, unless otherwise tra,cts> etc-
specially authorised or provided, be sealed with the seal of the Corporation and signed by the Mayor and City Clerk, otherwise the same
shall not be valid, and all cheques shall be signed by the Treasurer
and Mayor and countersigned by the City Clerk.
223. Notwithstanding anything contained to the contrary in the "Municipal Clauses
" Municipal Clauses Act," or amending Acts, or any other general Act q^L" nofc to apply to
relating to municipalities, the provisions of that Act or any such other
Act as aforesaid shall not apply to the City of Vancouver.
224. Nothing in this Act contained shall apply to or affect, conflict Nothing in Act to
or interfere with the Vancouver Gas Company, Limited Liability, or to ^^v^couver
the rights, powers and privileges to be conferred upon the said Company by their Act of Incorporation.
225. Any person who shall violate any of the provisions of this Penalty for violation
Act or any of the provisions of any by-law passed in pursuance of this °^cProvislons of thls
Act, for the violation  of  which no punishment has been provided
therein, shall be liable to punishment in a summary way by fine not
exceeding one hundred dollars, or by imprisonment (with or without
hard labour, in the discretion of the convicting Magistrate) not exceeding two months. Chap. 54.
Vancouver Incorporation.
64 Vict.
By-laws to be under 226. All by-laws of the Corporation shall be under the seal of the
Seal of Corporate. Corporation> and shall be sigQed by the head of the Council, or by the
person presiding at the meeting at which the by-law was finally passed
and by the City Clerk, !asd-sh^LcoBi£-4B^
pjihheatiojiJ<h^ef--TTr-th'e British 'Columbia Gazette, a copy-whereof
shall be evidence-in-alL-Qou'riis of the Pf otf inee-of~the-content«-i?f-a«-y
su«hJby4aw-<—
Printed copies of by- 22T. The printed copies of all by-laws passed by the Councihand
as prima facie evi- purporting to be printed by authority thereof, shall be admitted as
dence- "T-iToa facie evidence thereof in all Courts in this Province, and on all
prima t
occasions whatsoever.-	
No ratepayer to
ness where City
party to action.
228. On any prosecution, action or proceeding in any civil matter
to which-the Corporation is a party, no ratepayer member, officer or
servant of the Corporation shall, on account of his being such, be
incompetent as a witness.
Interpretation Clause.
aterpretation. 220. Unless otherwise declared or indicated by the context, wher
ever any of the following words occur in this Act the meaning hereinafter expressed shall attach to the same, namely:
Council." (1.) The word " Council" means the Mayor and Council of the City .
of Vancouver:
La°d(\ "realprop>;     (^") "Land," "real property," and "real estate," respectively, shallj
include all buildings and other things erected upon or affixed
to the land, and all machinery and other things so fixed to any
building as to form in law a part of the realty:
mprovements. (3.) Improvements shall extend  to  and  mean all  buildings  and
structures erected upon or affixed to the land and all machinery
and other things so fixed to any building as to form in law a
part of the realty:
Highway,"       ;;       (4.) The  words  "highway,"  "road,"  bridge,"   mean   respectively
public highway, road or bridge :
Sewer." (5.) The word " sewer " shall include common sewers, mains, branch
and all drains and connections therewith:
Electors." (6.) The word " electors" means the persons entitled for the time
being to vote at elections in the said City:
City-" (7.) The word "City" means the Corporation of the City of Van-
(8.) The word " Corporation " means the Corporation of the City of
Vancouver, /
230. The* following'Acts are hereby repealed:—The "Vancouver
Incorporation Act, 1886 "; the "Vancouver I:
Amendment Act, 1887"; the "Vancouver In<
384
^corporation Act, 1886,
:orporation Amendment Cr\s \yisAisj '(^iro^AUs^AAvr bv&L^ c^/^iaxtaa-aa^ <rv ** & <tyty
MaAvCaaA.   (mjlai   CttAJT
) -"'-'^
Oa) J^ClM. tlhu> & Lof&AA] pi CAAts^A   Iruf ~ IUaaa-   CIaJu^-U
{XA-AOi   LaU
J  1900.
Vancouver Incorporation.
Chap. 54.
Act, 1889"; the "Vancouver Incorporation Act (1886) Amendment Act,
1890"; " An Act to amend 'Vancouver Incorporation Act, 1886/ and
amendments thereto, being Chapter 72 of the Statutes of 1891"; the
"Vancouver Incorporation Act Amendment Act, 1892"; the "Vancouver Incorporation Act Amendment Act, 1893"; the "Vancouver
Incorporation Act Amendment Act, 1895"; and the " Vancouver
Incorporation Act Amendment Act, 1898 " : Provided that the repeal
of such Acts shall not be held or taken to in any way affect the rights
obtained, or liabilities incurred, by any person or persons or corporations by virtue of the said Acts, prior to the passing of this Act. And
provided further, that nothing in this Act shall be in any way held to
affect or prejudice the rights and powers acquired by any person or
persons under any agreement or agreements entered into between
them and the City or under any previous Act of the Legislature:
Provided, also, that whenever the words of the foregoing proviso are
repugnant in any respect to this Act, the proviso shall stand as to all
and any of the powers intended to be thereby preserved in the aforesaid proviso.
231. All municipal contracts shall contain provisions whereby the Provisions in mu
workmen, mechanics, artizans and labourers employed on municipal cipa
works shall be entitled to not less than such wages and remuneration
as are generally accepted as current in each trade for competent
workmen in the City of Vancouver, and whereby all contractors and
sub-contractors shall be bound to pay such wages.
232. This Act may be cited as the " Vancouver Incorporation Act, Short title.
dAcLoL o-M3-0/0?     <4^a.53- Zhi-t-cu^igi56'."  ^^^Xuf^
^cUA cuU- c^Jl ZLvl V)
£ua> I
SCHEDULE A.
A>0c#^jA*^fiAxfcrtM*4*i4!J
FORM I.
I.—List of persons entitled to vote at Municipal Elections.
1
Names.
Property.
Title.
£
Lot.
Street or
Block.
6
25
James Brown ..  ..
John Smith	
E. 4 8	
W. i 9	
Maria St.,..
Block C ....
Owner	
See Ward No. 3. Vancouver Incorporation.
1
•anrBA posiAey;
IP   .1
•aOI^'BX'BJ JOJ
s^uaraoAoadrai purc
sStnprmg jo sureA^
gPpS
•ertrenraAOjd
aiipuBsSnipnng;
jo on^A l«nnny  1 Vancouver Incorporation. Chap. 54.
FORM III.
To ail whom these presents sha
Esqu
of
ire, Mayor, and
of the
of
of th
3 City of Vancouver,
n the Provinc
Esqui
e of British Columbia,
Send Greeting :
Wheeeas, by virtue of a warrant under the hand of the Mayor and seal
of the said City, bearing the date the day of
in the year of our Lord one thousand eight hundred and
commanding the Treasurer of the said City to levy upon the lands hereinafter
mentioned for the arrears of taxes due thereon to the City of Vancouver
with costs, the Treasurer of the said City did, on the
day of in the year of our Lord one thousand eight
hundred and sell by public auction to
of the of in the County of
that certain parcel or tract of land and premises
hereinafter mentioned, at and for the price or sum of
of lawful money of Canada, on account of the arrears
of taxes alleged to be due up to the day of
in the year of our Lord one thousand eight
hundred and together with costs.
Now know te that we, the said
and
as Mayor and Treasurer of the City of Vancouver, in pursuance of such
sa^e and for the consideration
aforesaid, do hereby grant, bargain, and sell unto the said
his heirs and assigns, all that certain parcel or tract of land and premises
containing more or less, being composed of
[here describe the land, so that the same may be easily identified].
In witness whereof, we, the said Mayor and Treasurer of the said City
of Vancouver, have hereunto set our hands and affixed the seal of the City
this day of in the year of our Lord one
thousand eight hundred and
[Corporate Seal.]
Countersigned, A. B., Mayor,        \
E. S., C. D., Treasurer.   I
City Clerk. Chap. 54. Vancouver Incorporation. 64 Vict.
FORM IV
To the Clerk of the City of Vancouver :
I, Peter Grant, a voter (or " person entitled to be a voter ") in that said
city, complain that the name of John Jack is wrongly entered in the voters'
list for the said city, he being a person disqualified under the
section of
And take notice that I intend to apply to the Judge in respect thereof, in
pursuance of the statute in that behalf.
Dated this day of , 19    .
Peter Grant.
(Residence)
FORM V
To the Clerk of the City of Vancouver:
I, James Smith, voter (or " a person entitled to be a voter ") in the said
city, complain [stale the name of the person in respect of whom complaint is
made and the grounds of complaint touching each person respectively—or,
set forth in lists as follows, varying according to circumstances], that the
several persons whose names are set forth in the subjoined list No. 1 are
entitled to be voters in the said municipality, as shown in said list, but are
wrongfully omitted from the voters' list. That the several personsjwhose
names are mentioned in the first column of the_ subjoined list No. 2, are
wrongfully stated in said voters' list as shownTn No. 2. That the several
persons whose names are set forth in the first column of the subjoined list
No. 3 are wrongfully inserted in said voters' list, as shown in said list No. 3.
And that there are errors in the description of the property in respect to
which the names respectively are entered on the voters' list (or, stating other
errors) as shown in the subjoined list No. 4. And take notice that I intend
to apply to the Judge in respect thereof, pursuant to the statute in that
behalf,
appoint the of 19
(Residence)
List of Complainants Mentioned in the Above Notice of
Complainants.
List No. 1. (Showing votes wrongfully omitted from the Voters' List.)
Names of Persons.
Grounds on which they are entitled to be on the
HESsF*
Tenant of John Fraser, of Lot I, Block 10,              Street.
Owner in fee of Lot 4, Block 2,                  Street.
Assessed too low—property worth $   1900. Vancouver Incorporation. Chap. 54.
List No. 2. (Showing voters wrongly named in Voters' List.)
Names of Persons.
Ward.
The errors in statement upon Voter
m
John McBean ........'..[
S. Connell	
2
4
Should be Joseph Townsend.
Should be John McBean, the younger.
Should be Simon O'Connell.
List No. 3. (Showing persi
vrted in Voters' List.)
Peter White..
rohn May....
David Walters
Statement why wrongly inserted in Voters' List.
Died before final revision of roll.
Tenancy expired—left the country.
'     high—property worth under $
List No. 4. (Showing voters whose property is
Voters' List, &c.)
meously described i
Names of Persons.
Ward.
Errors in respect of property or otherwise stated.
Stephen Washburn	
Thomas Gordon	
Roland Blue	
3
Name should not be in Ward No. 2.
Property should be, &c.
FORM VI.
To the Hon. Judge of, &c.
The Clerk of the City of Vancouver states and reports that the several
persons mentioned in column 1 of the Schedule below, and no others, have
each given to him (or, " left for him at his residence or place of abode," as
the fact may be,) written notice complaining of errors or omissions in the
voters' lists for the said city for 19 , on the grounds mentioned in column
2 of the said Schedule, and that such notices were received respectively at
the date set down in column 3 of the said Schedule.
Dated the day of ,19
A. B.,
Clerk of the City of Vancouver.
Schedule. Vancouver Incorporation.
FORM VII.
To the Clerk of the City of Vancouver :
I, Luke Doran, a person entitled to be a voter in the said city, complain
that the name of Peter Short is wrongfully inserted in the voters' list of the
said city, he having, before the final revision and correction of the Assessment Roll, transferred to me the property in respect to which his name is
entered on the said list (or, " parted with the property in respect to which
his name is entered on the voters' list, and that I am in possession of the
same "); and take notice that I intend to apply to the Judge to have my
name entered on the said list, instead of the said Peter Short, pursuant to
the provisions of the statute in that behalf.
Dated the day of , 19
Luke Doran.
FORM VIII.
To , Clerk of the City of Vancouver.
Upon reading your report and notification respecting the Voters' List for
the said City of Vancouver for 19 , pursuant to the statute in that behalf,
I appoint the of , 19    , in the said city, for
holding a Court to hear and determine the several complaints of errors and
omissions in the said Voters' List, of which due notice has been given.
You are constituted Clerk of the Court.
You will advertise the holding of such Court; and post up in your office a
list of all complaints of errors and omissions in the said Voters' List; and
you will notify all parties concerned, according to law.
Let the Assessment Commissioner for the city attend the sittings of the
' said Court, and let the original Assessment Roll of the city for 19 , and the
Minutes of the Court of Revision for the city for 19 , be produced before
me or the acting Judge on the day and at the place above mentioned.
Dated the day of 19    .
Judge.
FORM IX.
Notice is hereby given that a Court will be held pursuant to the voters'
list clauses of at
on the day of 19    , at
o'clock , for the purpose of hearing all complaints made against the
Voters' List of the City of Vancouver for 19      , particulars of which complaints are shown in the subjoined Schedule.
All persons having business at theXJourt are hereby required to attend at
the said time and place.
Dated the day of 19    .
A. B.,
Clerk of the City of Vancouver.
390   _„, f , "1:^,1 „'•'"• Name of person in respect to       Grounds of complaint
party complaining.     whom ^al was nSide. alleged.
FORM X.
Notice is hereby given that a Court will be held, pursuant to the voters'
list clauses of by the Hon. , Judge of the
Court at on the
day of , 19    , at o'clock, to hear and determine the
several complaints of errors and omissions in the voters' list of the City of
Vancouver for 19    .
All persons having business at the Court are required to attend at the
Dated the day of , 19    .
A. B.,
Clerk of the City of 7
FORM XI.
You are hereby notified that, pursuant to the Statute in that behalf, a
Court for the revision of the voters' list, 19 , of the City of Vancouver, will
be held by the Judge at , on the day of
19    , at o'clock, at which Court all complaints duly lodged of any
error or omission in the said list will be heard and determined. A list of
said complaints is posted up in , and you are
hereby required to be and appear at such Court; and take notice that the
Judge may proceed to hear and determine the complaints, whether the
parties complaining appear or not.
By order of the Honourable , Judge of the
Court.
of error \
A. B.,
Clerk of the City of Vancouver, and Vancouver Incorporation.
FORM XII.
You are hereby notified that, pursuant to the Statute in that behalf, a
Court for the revision of the voters' list, 19 , for the City of Vancouver,
will be held by the Judge at on the day of ,
19    ( at o'clock, noon, and you are required to appear to the said
Court, for that has complained that your name is wrongly
inserted in  the said voters' list ("because," etc.; state matter of complaint
concisely).    A list of all complaints lodged is posted up in
and take notice that the Judge may proceed to hear and determine the said
complaint, whether you appear or not.
By order of the Honourable , Judge of the said Court.
To
Entered on the voters' list.
A. B.,
Clerk of the City of Vancouver and
constituted Clerk of said Court.
FORM XIII.
[Seal.]
British Columbia, ■*
District of New Westminster, \   /
To Wit: J
Victoria, by the Grace of God, of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, &c.
To Greeting:
We command you that, all excuses being laid aside, you be and appear in
your proper person before Our Judge of Our Court, at
, on the day of , 19    , at
o'clock in the noon, at the Court appointed, and there and then
to be held, for hearing complaints of errors in the voters' list for 19    , of
the City of Vancouver, and for revision of said voters' list,
, then and there to testify to all and singular those
things which you know in a certain matter (or matters) of complaint made
and now pending before the Judge, under the voters' list clauses of
, wherein one is complainant, and which
complaint is to be tried at the said Court.    Herein fail not.
Witness the Honourable , Judge of the said Court
at , the day$f ,19    .
A. B.,
Clerk. J  Vancouver Incorporation.
FORM XIV.
A. B., Clerk of the City of Vancouver, having testified under his hand
that no complaint respecting the list of voters for the said City for the year
19 , has been received by him within thirty days after the first posting up
of the same, and on application of the said Clerk,
I, , Judge of the
in pursuance of the provisions of the voters' list clauses of
certify that the annexed printed list of voters, being one of the copies
received by me from the said Clerk, under the provisions of the Act, is the
revised list of voters for the said City for the year 19    .
Given under my hand and seal at , this
day of , 19    .
Judge.
FORM XV.
Be it remembered that, upon a final revision and correction of the list of
voters for the City of Vancouver for the year 19 , pursuant to the provisions
of the voters' list clauses of the following changes were
duly made by me in the copies of the said City, viz.:—
1. The following persons are added to the list:—
Ward.
Property.
2. The following persons are struck off the said list :-
3. The following changes are made in the property described opposite to
the names of voters otherwise correctly inserted :—
™-     ^riLdrfif7      P-P-ty as altered.
4. The following changes are made i
named:—
ti the names
of
voters incorrectly
Name originally on List.
Ward.
Nam
e as altered.
Property. Vancouver Incorporation.
FORM XVI.
I, Judge of the Court of , pursuant
to the section of the voters' list clauses of , do
hereby certify that the above (or, as the case may be) is a correct copy of the
list of voters for the year 19    , received by me from the Clerk of the City of
Vancouver, according to my revision and corrections thereof, pursuant to the .
provisions of the said Act.
Dated at , this day of , 19    .
Judge.
FORM XVII.
In the matter of the voters' list for the City of Vancouver for 19 , and
of the complaint and appeal to the Judge of the Court by A. B:, complaining
of the name of C. D. being wrongly inserted in the said list [or, as the case
may be, stating in brief the nature of the complaint].
On proceedings taken before me, pursuant to the said Act, I find and
adjudge that the name of C. D. was rightly inserted in the said list (or, " was
wrongly inserted in the said list"), and order that the said A. B. do pay the
said C. D. his costs occasioned by the said complaint [(or, "and order that
the said C. D. shall pay the said A. B. his costs incident to the said complaint,"—or, " and order that E. -EL one of the Assessors of the said City,
being blameable for such wrong insertion, do pay the said A. B. his costs
incident to such complaint,"—(or, as the case may be, stating it in brief)]—
said costs to be taxed pursuant to the said Act.
Judge.
FORM XVIII.
Victoria, by the Grace of God, of the United Kingdom of Great Britai;
and Ireland, Queen, Defender of the Faith, &c, &c.
To the Sheriff of
Greetii
We command you that of goods and chattels in your bailiwick of C. D.,
you cause to be made dollars for certain costs which lately
by an order of the Honourable , Judge of the
Court of , dated the day of 19      ,
were ordered to be paid by the said C. D. to A. B., as and for his costs sustained by him on the trial of a complaint against the voters' list of the City
of Vancouver for 19 , made and prosecuted under the provisions of the
voters' list clauses of the ; which said costs have been
taxed and allowed at the said sum as appear on record, and have that money
before Our Judge of Our said Court at Vancouver aforesaid, immediately
394   1900.
Vancouver Incorporation.
Chap. 54.
after the execution thereof, and in what manner you shall, have executed
this Our writ make appear to Our. Judge aforesaid, at Vancouver aforesaid,
immediately after the execution thereof, and have you there then this writ.
Witness the Honourable , Judge of Our said
Court, at , the
day of , in the year of Our Lord 19      .
Schedule I.
Names of persons liable to have been Amount for which the
assessed on the Assessment Roll for     party should   have
the City of Vancouver for the year     been assessed.
19    , but not assessed.
Property in respect to
which the liability to
assessment exists.
Assessment Roll for the
City of Vancouver for the
year 19' .
Amount for which the parties
should be assessed in addition to the amount already
on the Assessment Roll.
FORM XIX.
In the matter of Assessment for the year 19     , in the City of Vancouver.
The persons mentioned in the first column of the Schedule following not
being assessed (or, not being sufficiently assessed), on the Assessment Roll of
the City of Vancouver for the year 19 , and having been found entitled to
vote, on proceedings taken before me, Judge
Court of the under the voters' list
clauses of' , in pursuance of section of the said
Act, it is adjudged that the said parties mentioned in the first column of the
following Schedule, respectively, should have been assessed for the sum mentioned in the second column, respectively, opposite their respective names in
respect to the land or other property or qualification mentioned in the third
column of said Schedule, respectively, opposite the respective names of said
parties; and it is ordered that the said parties shall be assessed accordingly.
Dated at , this day of ,19.
395 Vancouver Incorporation.
Pursuant to section
FORM XX.
of the voters' list clauses of the
I, , the
("a person entitled to be named as an elector on the Voters' List for the
City of Vancouver "), hereby inform His Lordship the Judge of
that C. D., Clerk of the said City of Vancouver, has
failed to perform the duties required of him as such Clerk by the said Act,
in this that he, the said C. D., has not made out the alphabetical list of
voters for 19 for the said city within thirty days after the final revision
and correction of the Assessment Roll thereof (or, as the case may be, stating
in brief the duty not performed), according to the requirements of the said
Act, and I apply to the said Judge to enforce the performance of the duties
aforesaid, and to take such other proceedings as may be necessary.
Dated at this day of 19    .
A. B.
FORM XXI.
In the matter of the Voters' List for the City of Vancouver in
. Whereas it appears by the application of A. B., (or, " a person
entitled to be named as an elector on the said list") made to mje in pursuance
of the said-Act, in this that you, C. D., Clerk of the said City, have failed to.
perform certain duties required of you by the said Act, in this that you have
not made out the alphabetical list of voters for 19 for the^said City, within
thirty days after the final revision and correction of the Assessment Roll
thereof (or, as the case may be, following the application); and whereas the said
A. B. has applied to me to enforce the performance of the duties aforesaid:
You, the said C. D., are therefore hereby required to be and appear before
me, at my Chambers in on the day
of , 19    , at the hour of , and then
and there have with you and produce before me the Assessment Roll for
19 , for the said City, and any documents in your custody, power or control
relating to the Assessment Roll or to the Voters' List aforesaid; and then
and there submit yourself for the examination on oath, as may be required
of you.    Herein fail not at your peril.
Dated this day of ,  19    .
To C. D,
Clerk of the City of Vancouver.
Judge. j  INDEX.
A.
Page.
Assessors and Assessment Commissioner and Assessments :
Assessor to be under the control, etc., of Commissioner    300
Council to provide Assessor with assessment roll    300
All ratable property to be valued    300
Valuation of ratable property to be at cash value      300
Revision of the valuations    301
Assessment roll, how to be made out and when notice to be delivered
to persons assessed    301
Assessment roll, when to be completed      301
Assessor's certificate to be attached to roll      301
Assessor to gather all necessary information before making assessment     302
Assessment of real estate of companies, how to be made    302
Inspection of assessment roll by ratepayer      302
Particulars respecting real property to be delivered to Assessor in
writing by the parties to be assessed . . . .'    302
Penalty for not giving statement of assessable property    302
Statements given by parties as to their properties not binding on
assessors    302
Unoccupied lands to be called " lands of non-residents "    303
Owner of property assessed unknown    303
When land to be assessed in owner's name    303
When land is not occupied by the owner, but owner is known....   303
Assessment roll not invalid for defect in form, omission or nonreturn    303
Exemption from taxation :
Power of Council to exempt from taxation    303
What property liable to taxation    303
What property exempt    303
All property belonging to Her Majesty    303
Indian lands unoccupied, or occupied officially    303
But if occupied not officially    304
Universities, agricultural societies and incorporated charitable
institutions, etc      304
Limit of exemption    304
Court of Revision to finally decide what amount of land is
necessary    304
Property belonging to city    304
Public poor-house, alms-house    304
Revision of assessment roll •   304
Assessment roll to be revised annually    304
Council  to appoint by resolution, time and place for sitting of
Court of Revision.    304
Complaints against assessments    304
Notice of complaints against assessments    305
Notice of complaint to be given ten clear days before sitting of
Court of Revision    305
Ratepayer who thinks any person assessed too high or too low may
give notice, etc    305
Hearing of complaints by Court of Revision    305
397
J ASSRSSORS AND ASSESSMENT COMMISSIONER AND ASSESSMENTS.—Concluded.
Administration of oaths and attendance of witnesses at Court of
Revision    305
Witness failing to attend at Court, penalty for    305
Complainant failing to appear, proceedings in case of  305
Equalization of assessed value of land and improvements by Court
of Revision  305
Board may direct clerk to reduce value  305
Reduction of assessment by Court of Revision  305
Reduction in case Court of Revision decides value put on lot, etc.,
is in excess of cash value, may, acting as Board of Equalization, direct Assessor to reduce value  306
. Revised assessment roll:
All parties to be bound by revised assessment roll  306
Appeal:
Right of appeal from decision of Court of Revision  306
Written notice of intention to appeal to be given within.fixed
terms  306
Grounds of appeal must be set out in notice  306
Hearing appeal, Judge to appoint a day for  306
Duties and powers of Judge defined  307
Evidence on appeal    307
Clerk to produce assessment roll before the Judge on hearing
of the appeal  307
Costs of appeal in discretion of Judge  307
Assessments, special  357
Alleys, opening of  331
Animals, inspection and prevention of sale of  332
Auctioneers  336
Agricultural Society, aid to     345
Aldermen :
Declaration of office  292
Allowance to ,  352
Qualification of  282
Disqualification of 281, 293
Penalty for sitting when disqualified 293, 294
Arbitrators in expropriation of lands 356, 357
Actions against city 364 to 366
Action to set aside conveyance of land sold for taxes   311
Accountant, duties of   379
Accounts  380
Assessment for frontage tax  361
Auditor, duties of I  379
Appropriation     379
. Agent for candidate :
Appointment  291
Oath of j  291
Assent of Electors, By-laws requiring :
Money by-laws 316, 317, 318, 319
Declaring one ward 281
Bonuses  347
Assessment for watering and sweeping streets  334
Anticipatory appropriation, when can oe made 320, 321
Appropriations, none beyond cash in hand  379
Abattoirs, by-law relating to  333
Ashes  342
Aids to charities, etc  345
Aids to railways, etc  346
398 Appointment of Police Magistrate    369
Appointment of officials    375
B.
By-Laws requiring assent op the Electors :
Who may vote on by-laws requiring assent of electors  316
Clerk to prepare list of voters after second reading  316
Mode of obtaining assent of electors  317
Time and place of voting to be fixed by by-law  317
Publication of proposed by-law j  317
Notice of by-law, polling, etc -  317
Poll, proceedings at  317
Returning Officer may require elector.to state occupation, etc.. .. 317
Oath  317
Form of ballot papers  317
Three-fifths majority required  318
Glerk to declare by-law carried or lost  318
If   by-law  rejected,  similar  by-law not to  be submitted for six
months  318
By-Laws for contracting Debts, etc. :
Terms of    318
When to take effect    318
To provide a special yearly rate for interest and sinking fund  ....   318
Recitals in by-laws    318
By-laws for raising money not for ordinary expenses  must receive
the assent of the electors    318
When assent received, by-law cannot be altered,  etc., and by-law
binding on Corporation    319
Powers of Council to pass    323
B. C. Electric Railway Company :
Council not to pass by-law to purchase works similar until price
fixed by by-law and submitted to Company    324
Barber shops, closing of    327
Bowling alleys    328
Beggars ,    328
Bathing    328
Bathing houses    328
Boat houses      328
Boats, regulating arrival and departure of      328
Buildings, power to destroy to prevent disease    328
Bread, inspection of    332
Billiard and bagatelle tables    336
Bankers       336
Bicycles    337
Bill posters  337
Bowling alleys '.'.'..'.'.'.'.'.   337
Building Inspectors  341
Buildings : '.'..'.'.'.'.'.'.'.   341
Buildings, number on one lot    341
Brick walls, beams, etc    342
Bonfires ,    343
Band    345
Bonuses  345
Bells .'.'.'.'.'."....'!!"!   348
Blasting    348
Begging    348
Bone-yards, area of .....   348
399 Bills to be certified to by the Clerk  367
By-laws for local improvements  360
By-law, Election  284
Boundaries of city  280
Boarders may not vote  283
Ballot boxes, papers, etc., to be used at elections  287
Ballot papers, marking, etc .  288
Ballots rejected, etc  289
Ballot papers, disposal of  289
Breach of by-laws, penalties  351
By-laws, quashing 352, 353, 354
Borrowing money for temporary purposes 359, 360
Borrowing money pending collection of taxes  380
By-laws relating to licences 368, 369
Revision and consolidation  352
0.
Children, when they may be on the street  328
Cows  348
Cattle, inspection and prevention of sale of  332
Cemetery  332, 350
Chimney sweeps  337  .
Chimneys  342
Coal oil  342
City Insurance Fund  344
Charitable institutions  345
Aid to  345
Celebrations, aid to  345
Canneries, prohibiting or regulating  348
Crematories, prohibiting or regulating.  348
City property, obtaining and disposing of  350
Contract  352
City Clerk :
Duties of 378, 379
As to voters' list  316
As to money by-laws  318
Candidates :
Candidates for Mayor and Aldermen to deliver Registrar's certificate   284
Clerks for Deputy Returning Officers, appointments  286
Challenging voters  286
Construction of ballot boxes to be used at elections  287
Counting votes at elections, method of  2S9
Collection of rates 307 to 308
Collector of rates, duties of  309
Crown lands, only ratepayer's interest in to be sold for taxes  311
Conveyance of lands sold for taxes  311
Council :
Constitution of  281
Mayor and Aldermen, disqualification of  281
Shareholder in company contracting with City disqualified  282
Qualification of Mayor and Aldermen  282
Where joint owners or tenants in common  282
Court of Revision of assessment roll  304
Council Meetings and Proceedings :
First meeting     374
Declaration of office  375
400 Council Meetings and Proceedings.— Concluded.
No previous resolution to be rescinded    375
No member of Council to be eligible for office under City  375
Council may pass by-laws for its own procedure  375
Council, power to pass by-laws  323
Companies operating in City, power of Council to pass by-laws regarding same 323-327
Closing saloons, etc  327
Children, sale of liquor to  327
Cleanliness and ventilation  329
Cows, goats, etc      330
Cemeteries  332
Cellars  336
. Chimney sweeps  337
City insurance fund  344
Charitable institutions  345
Celebrations, aid to    345
Contagious diseases  345
Companies, bonuses to 345, 346, 347
Chimneys, prevention of smoke  348
Cruelty to animals  350
Collection of penalties  351
Costs, quashing by-laws  353
Compensation for expropriation of lands, etc 355, 357
Cancelling licences, power of Licensing Board    368
Commissioners, Park  372
Commission of enquiry  381
Council always exists and continuous  382
Copies of by-laws evidence  384
Debentures issued under By-Laws, and Sinking Fund :
Debentures, how to be executed    319
Debentures, transfer of    319
Debentures, full amount of, recoverable, though negotiated below
par    319
Principal may be made repayable by equal annual instalments....   319
Debentures, authority to make, requirements of by-law    319
Rate imposed by by-law may be reduced by by-law    320
Recitals requisite in such by-law    320
Reduced rate to be named    320
Anticipatory appropriation in lieu of special rate may be made . . .   320
What funds may be so appropriated      320
The sources and application to be stated    321
When moneys retained sufficient, the yearly rate may be suspended
for the ensuing year.    321
What such application by-law must recite       321
Special accounts to be kept:
(1) of the special rates    321
(2) for the sinking fund or instalments of principal    321
Surplus may be applied to next year's interest and to sinking fund.  321
Application of moneys to credit of sinking fund, with consent of
Lieutenant-Governor in Council, may be made   322
Council may apply other funds towards repayment of debenture
debts    322
Investment of Sinking Fund :
What securities may be invested in   322
Securities how in names of trustees vested in the City    322
401
J Investment of Sinking Fund.—Concluded.
Mode of making investments	
Surplus moneys in hands of Treasurer, Council may deal with
Members   of  Council  shall  not  be  party   to investment of
sinking fund otherwise than authorised by Act	
Powers of Council to convey mortgaged property	
Power of Council to issue new debentures	
Disorderly houses	
Diseases, spread of	
Dwelling-houses	
Dwelling-rooms	
Drainage	
Drains:
Opening of  	
Obstructing of	
Dead, burial of	
Dogs..
Impounding	
Vicious  	
Diseases, contagious or infectious ....
Dry docks, aid to	
Distilleries, prohibiting or regulating .
Docks	
Docking dues  	
Driving  reckless
323
323
323
328
328
329
329
329
349
349
332
337
349
350
345
349
335
335
Disqualification of Mayor and Aldermen	
Deputy Returning Officers' duties    287, 289,
Deed of sale of land for overdue taxes	
Dirt throwing	
Dry docks, bonus to	
Declaration of office	
375
E.
Electors and Elections (See also "Nominations and Elections," "Voters").
Electors  282
Persons qualified to vote  282
Owner  282
Tenant ,  282
Boarders, lodgers, and temporary occupants may not vote.... 283
Married man who is lessee of his wife may not vote  283
Who entitled to vote  283
Only one vote in each ward  283
Where joint ownership, etc., each person may qualify  283
No Chinese, Japanese, or Indian to vote  283
Elections:
Nomination for elections  283
Election clerk to preside  285
Nomination for Mayor and Aldermen  284
Notice of nomination meeting  283
Proceedings at nomination  284
Returning Officer .<  284
Candidate to give certificate  284
By-law for an election  284
Absence of Returning Officer, powers of    .... 285
Special constables  285
Proceedings at elections  286
Ballot boxes  286
402 Index.
Elections.—Concluded.
Voters' lists  286
Clerks to Returning Officers  286
Hours of polling  286
Oaths, administration of  286
Interruptions, riots  286
Challenging voter  286
Ballot papers, etc 287, 288, 289
Electors' consent to money by-laws, mode of obtaining 316, 317, 318
Election of disqualified person  292
Elections, contested, when and how (see " Nominations and Elections)
294, 295, 296, 297, 298, 299, 300
Electric light works, power to purchase  323
Electric light wires, inspection of  327
Exhibitions 328, 337
Exemption of lands, C. P. Railway   347
Exemptions from taxation  303
Expropriations 354, 357
Electric railway car accommodation  327
Exhibitions, by-laws as to  337
Enforcing judgment against city  364
Execution of contracts  383
Estimates to be submitted annually ,  377
F.
Ferries    351
Acquiring of .... ,  324
Constructing  324
Licensing and regulating  337
Fish, tainted  332
Fire or light in stables, etc  342
Flues, etc ,  342
Fire escapes  342
Fire engines  344
By-law for purchase  344
* Levy for cost of  344
By-law does not need assent of people  344
Fire companies, regulation of  344
Fire wardens, appointment of  344
Fires:
Suppressing of  343
Conduct and assistance at  343
Authorised entry of premises     343
Fireworks  348
Fouling wharves, sewers, etc  329
Fish, by-laws as to  332
Forestalling, prohibition of  333
Forms of conviction  371
Financial statement to be made  377
Gr.
Gas works, power to purchase  323
Prohibiting or regulating  348
Purchase of  324
Gas, contract for supply of  326
Gas company, Council not to pass by-law to purchase, etc., similar works
until price fixed by by-law and submitted to company  324
Company may refuse to accept price  324
Liceusing of  337
403
J Index.
Grades, streets    334
Gambling houses    328
Goats 330, 348
Gaols    351
Gaoler, duties of    3 f 1
Gunpowder 338, 342
Guns, letting off    348
Good government of city    349
Ground plans of buildings    341
H.
Hours of polling .286
Hotels, closing of    327
Horse racing    328
Health officers, duties of    328
Health, public 328, 332
Horses    330
Hospital 332, 351
Hawkers    338
Hall, City §   -   351
J.
Junk shops, licensing of    339
Area in the City to be carried on    348
Judgments against City    364, 366
Judge, powers of in appeal to, from Court of Revision 306, 307
Judge, Revision of Voters' Lists, powers and duties as to 313, 314,  315
Judge, in case of contested election, powers of  294, 295
Justice of Peace may act in absence of Magistrate    370
Jurisdiction of Mayor and Police Magistrate 370, 371
L.
Land, assessment of    301, 302
Land, sale of, for taxes 308, .309
Light, supplying of  324
Liquor, etc., sale to children  327
Lodging-houses.  328
How many persons may occupy, cleanliness and ventilation, dwelling-
rooms       329
Laundries  329
Light weight, etc  333
Liquor licences 339, 367, 368
Licences, trade on 336, 341
Lodging-houses -  339
Livery stables  340
Licence Inspector  341
Lots and blocks, survey of  343
Lots, subdivision of  344
Lands of City, obtaining and disposal of  350
Library, public  351
Local improvements 357 to 363
Liquor Licensing Board, and power of 367, 368
Lands outside City  382
M.
Mayor, duties of  376
Mayor, qualification of    282
404 Mayor, disqualification of 281, 282, 293,
Ex-officio Justice of the Peace	
Money by-laws (see "By-laws requiring assent.of the electors")	
Morals	
Meat, inspection of	
294
370
318
328
Markets:
Buying and selling	
Selling articles distrained for ren
Peddling in market, etc	
Meat, licences to sell	
Hucksters or runners	
Market and market places  	
Rent of stalls	
Market clerk	
Vehicles in market	
Abattoirs	
Light weight, etc	
Weighing machine	
Milk and milk dealers	
Manufacturers or traders	
Medals	
Marine railway, aid to	
Meetings and proceedings of Council..
Miscellaneous	
Meeting of Council, first	
Married man, lessee of wife, no vote .
Money collected to be paid to Treasur
332
332
332
333
333
333
333
333
333
333
333
333
339
392
383
MINATIONS   AND   ELECTIONS :
Nominations for elections  	
Clerk to preside  	
Close of nominations for Mayor and Aldermen        284
Notice of nomination meeting.	
Nomination and proceedings incident thereto	
Candidate to deliver certificate  to Returning Officer at time of
nomination    284
Returning Officer    284
By-law for an election	
The absence of the Deputy Returning Officer provided for	
Returning Officer and Deputy Returning Officer to be Conservators
of the Peace	
Their powers	
Special Constables may be sworn in	
Proceedings at elections	
Returning Officer to provide ballot boxes, list of candidates, and
voters' list for Deputy Returning Officers    286
Voters' list to be verified on oath   286
Clerks for Deputy Returning Officers	
Hours of polling	
Administration of oaths	
Elections not commenced or interrupted by riot, etc., to be resumed
Challenging voter	
Form of oath	
Construction of ballot boxes to be used at elections	
Deputy Returning Officer to show box empty and lock it	
405 Nominations and Elections.—Concluded.
Votes to be by ballot  287
Form of ballot paper for Aldermen  287
Form of ballot paper for Mayor  287
Colour of paper  287
Voting stalls  288
Deputy Returning Officer to put his initials on ballot paper  288
Voting, marking ballot paper  288
Deliver a ballot paper to voter      288
Proceedings-in case ballot paper cannot be used  288
Counting the votes  289
Rejected ballots  289
Disposal of ballot papers after count  289
Deputy Returning Officer to note objections taken to ballot papers
at the counting of same  289
And number both     289
Statement  289
Returning Officer to add up votes and 'declare who is elected  289
Tie vote for Mayor, Returning Officer to have casting vote  290
Tie vote for Alderman, Returning Officer to have casting vote.... 290
No election in ward, proceedings in case of  290
Ballot papers may be inspected, when  290
Recount may be ordered by a Judge of Supreme Court  290
Elector not able to mark paper, proceedings in case of  290
Offences, penalty for '....,  291
Polling place, who may be present at  291
Loitering near polling station  291
Agent of candidates  291
Oath of agent or representative  291
Ballot papers, clerk to retain for two months and then destroy same 292
Deputy Returning Officer to include Returning Officer  292
Controverted Elections and Disqualifications :
Jurisdiction in cases of contested elections  294
Who may contest election  294
Petition to be presented  295
Evidence in support of petition may be ordered  296
Petition and notice to be served on person whose election is
objected to  295
Costs  295
Immaterial irregularities, etc  295
Proceedings to carry judgment into effect by new election or
otherwise  295
Illegal election, powers of Clerk, on receipt of writ, to remove
persons illegally elected and for new election      296
Vote of person guilty of corrupt practices to be struck off at
trial  296
Corrupt practices on quo warranto affidavit, evidence not to
be used to prove  296
Evidence to be viva voce ,  296
Judge to report person convicted under section 28    .... 296
Persons'adjudged guilty, City Clerk to enter names of  296
Witnesses, enforcing attendance of  296
No person excused from giving evidence tending to incriminate
such person ■  297
Definition of corrupt practices "  297
Giving money to voters, etc  297
Procuring office for voters, etc    297
Influencing voters  297
406 Controverted Elections and Disqualifications.—Concluded.
Advancing to voters money for bribery, etc  298
Voter receiving money, etc., for vote, or agreeing for money to
vote, etc  298
Receiving money, etc., after the election, for voting, etc  298
Persons using violence or intimidation to be guilty of undue
influence  298
Persons corruptly .providing refreshments to be deemed guilty
of treating  298
False personation  299
Voting more than once, etc  299
Punishment of person found guilty under section 28  299
How penalty may be recovered  299
Penalty on candidate guilty of corrupt practices, etc  299
Returning Officer suspecting person of personation to require
such person to sign name  299
Penalty for refusing to sign  300
Expenses of candidates  300
Nuisances 330, 348
Noises  348
Notices, service of :  352
O.
Obstructions on streets   335
.Opium  339
Obstructing trams  349
Officials:
Neglecting to perform duties  351
Breach of by-law by  351
Collection of penalties from  351
Remuneration of  352
Office, declaration of  375
Office hours  375
Officers of the Corportion    375
Duties to be defined by by-law  375
To give security  375
To pay money received to Treasurer each day  375
Allowance of claims, voting corruptly, etc., provisions as to  382
P.
Property liable to taxation  303
Property exempt from taxation  303
Public morals  328
Poultry, tainted  332
Pawnbrokers  339
Plumbers  339
Party walls  342
Poor house  345
Pigs  348
Pound 349, 350
Public library  351
Penalties  351
Punishments  351
Purchasing agent  367
Polling, hours of  286"
Polling place, who may be present at  291
Polling day, saloons, etc., to be closed  369
407 Police Magistrate 369, 370
Police office    370
Police Court Clerk    370
Penalties to go to City    371
Park Commissioners 372-6ii
Proceedings of Council  • ' '." *^*'
Power to borrow money pending collection of taxes or realization of
debentures    380
Power of Council to borrow money pending collection of overdue taxes.   380
Power of Council to borrow 75 per cent, of amount of taxes collected
during previous year, being levied by general or special rates.   380
I
Quarantine station    357
Rates, Collection of :
Revision of assessment roll	
Roll, assessment 301,
Returning Officer	
Returning Deputy	
Clerk to make out tax rolls	
Rate, yearly, to be levied by by-law	
Rate, limitation of	
Contents of tax rolls	
Collector to serve notice demanding payment of rates	
On receipt of tax roll, etc., Collector to proceed to collect. . . .
When roll shall be returned 	
Money collected to be paid daily to the Treasurer
304
, 303
308
308
f 308
 312, 313
   328
   329
   329
   334
   331
   335
   335
   337
   340
. .  342
Rewards 	
   345
.    346
   346
Rag works, area of; in City, where may be loca
ted   348
352
382
                         ..  382
S.
Sinking Fund:
Provision of                                          391    39.9
Investment of	
' 322
Street Railways:
For constructing	
For acquiring	
   324
   324 1
Sundays, prevention of sales on  327
Saloons, closing of   327
Sale of liquor to children  327
Spread of disease  328
Scavengers, duties of  328
Sanitation  329
Sewers, fouling of  329
Sewerage works   329
Sewers:
Rent for  330
Cleaning of  331
Opening, making, etc  331
Compelling connection with    331
Other powers  332
Suow, ice, etc., removal of  334
Streets, Highways and Bridges :
Assessment for watering and sweeping  334
Numbering houses and lots, etc  334
Recording houses, etc  334
Surveying streets and boundary lines  334
Width of new  334
Plans, levels, etc ,  334
Grade     334
Land and bench marks    334
Traffic    335
Width of tires  335
Reckless driving  335
Sleigh bells  335
Roads and bridges  335
Doorsteps, porches, etc  335
Shade trees  335
Sign boards, posters, etc  335
Verandahs     335
Throwing dirt, etc., on the streets  335
Obstructions on  335
Bicycle paths  336
Sale or peddling of fruits, nuts, etc  336
Areas, cellars, or openings  336
Scavengers  340
Stevedores     340
Stage coaches    340
Scuttles  342
Survey of lots and blocks  343
Subdivision of City lots  344
Steamships, aid to    346
Smelters, aid to  347
Soap-boiling works:
Area of City in which may be carried on    348
Prohibiting or regulating  348
Slaughter houses, chimneys of     348
Slips  349
Streams, obstructing of  349
Sheriff, duties of, in judgments against City .-  364
Solicitor or counsel  366
Stationery, purchase of  366
Saloons closed on polling day  369
Salary of Police Magistrate  369
Salary of Police Court Clerk  370
Security by officers of Corporation  375
409 Taxes: See Rates.
Taxes, Sale of Land for:
Rates to be a charge against tenant or occupier as well as owner. .
Proceedings when taxes are unpaid and cannot be collected	
Not less than year's taxes receivable until arrears are paid	
If demanded, Collector to give, a written statement of arrears	
Fee therefor	
Taxes to be a lien upon land, etc	
Taxes may be registered as a charge	
Overdue taxes to bear interest	
Council to provide by by-law for sale of land for taxes	
Treasurer selling, to give purchaser a certificate of land sold	
Owner of real property sold for taxes may redeem within one year
by paying purchase money	
Deed of sale if not redeemed	
Effect of such deed	
Action to set aside conveyance of land sold for taxes to be commenced within one year from delivery of deed	
When Treasurer sells land, the fee of which is in Crown, he shall
only sell the interest the Crown has parted with	
In case of invalid sale, City only liable for purchase money, etc. . .
Tenant, meaning of	
Transfer of debentures	
Tramways:
For acquiring	
For constructing	
Tainted poultry and meat, etc	
Traffic  	
Telephone Company, Burrard Inlet:
Council not to pass by-law to purchase works similar until price is
fixed by by-law and submitted to the Company	
Company may refuse to accept price, or give notice of arbitration.
Licensing telephone companies	
Transient traders, licensing of	
Trading stamp companies, licensing of	
Traders, licensing of	
Tenements, number on one lot	
Ground plan or block plan to be deposited ,	
Trees	
Tanneries, area of	
Traders, wholesale and retail	
Taxes, rebate of	
Tender or payment into Court \ ...
Tenders for printing, etc., to be called for annually	
Treasurer, duties of 376,
Taxation, what property liable to	
what property exempt 303,
Tax rolls	
308
309
309
309
309
309
309
309
309
309
324
324
337
338
338
340
341
341
343
348
340
352
364
366
377
303
304
308
U.
Union label..
Unadjusted an
ludited accounts    380
Vote, who entitled to.
Voters' list to be verifi
410 Votes to be by ballot ,  287
Voting stalls  288
Votes, counting  289
Vote, in case of tie  290
Voters, influencing 297, 298, 299
Valuation of ratable property  300
Voters' List:
Clerk to make list of voters  311
Meaning of owner and tenant  312
Form of voters' list  312
Notice to be published when voters' list completed  312
Revision of list  312
Proceedings on persons complaining of errors in the list  312
Day for hearing  312
Assessment roll, etc., to be produced to Court  313
Hearing of appeal  313
Judge to certify list, if no complaint  313
Judge to correct list  313
After final revision, Judge to make statement of alterations and
certify copy of list  313
When real property sold, etc., power of revising Judge to substitute
name  313
Powers of revising Judge  314
Copies of list to be printed  314
Copies to be posted in Clerk's office, and copies to be sent to certain
persons  314
Remuneration to Judge  314
Powers of the Judge of the Court of Revision  314
Report of Judge as to fraud, etc  314
Amendment  314
Appellant  314
Scale of costs  315
Costs, payment of, how enforced  315
Persons whose names omitted from roll, and inserted on revision,
liable to pay taxes  315
Judge's order  315
Failure of Clerk to perform duties not to vitiate list  315
Provision in case Clerk of the City fails to perform duties  315
Judge may require Clerk or other person to appear and submit to
,   examination, etc  316
Clerk, etc., wilfully falsifying list to incur penalty  316
Colourable transfer of property in order to confer vote  316
Recovery of penalties  316
Vagrants  328
Vehicles in markets  333
Verandahs     335
Vehicles     340
Vacant lots  343
Vicious dogs  350
Violation of cemeteries     350
W.
Wards of City  281
Witnesses:
Court of Revision  304
Failing to attend    305
Oaths to  305
411
1 Water-works :
Power to purchase  323
Water, supplying of  324
Wharves, fouling of  329
Wharves, incumbering  349
Wells  329
Wells, closing of  331
Water mains, rent for  330
Weighing machines  333
Width of streets  334
Width of tires     335
Whistles   348
Weeds     349
Wharfage dues  349
Wrecked vessels  349
Witnesses, administering oaths to, in arbitrations  356
Wholesale licences  368
Witnesses  376
Warrants for payment of City funds  380
Y.
Yearly rate ,  307
Yards, building, etc  342
Yearly rate to pay interest and sinking fund  318 i n wammmmmmm   

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