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NO. 17 OF 1895.
AN ORDINANCE RESPECTING VILLAGES.
[Assented to 30th September, 1895.]
The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows:
1. This Ordinance may be cited as "The Village Ordinance."
2. For the purposes of this Ordinance, the sion "Village" means any portion of land, not being within a municipality, and not exceeding 320 acres, on which not less than ten dwelling houses have been erected for residence.
3. The expression "nuisance" means manure, offal, Interpretation refuse, ordure, or any other matter whatever, prejudicial to the public health; also excavations, wherein foul matter may accumulate, or that may be otherwise dangerous to the public; also loose material of any kind that may endanger property by catching or spreading fire.
4. The word "voter" shall mean and include any person over the age of twenty-one years whose name appears on the last revised assessment roll of the School District within which the whole or part of the village is so situated, as being assessed for property situated within the limits of the village.
5. Whenever the Lieutenant-Governor-in-Council is Notice of satisfied by such proof as he may require, that any proclaim portion of the Territories, not exceeding 320 acres, no district. part of which is within the limits of any municipality. contains ten dwelling houses, he may cause notices to be posted up in conspicuous places within such area of his intention to proclaim the same a village after the expiration of thirty days from such posting.
Proclamation of district.
6. After the expiration of the thirty days named in the notice hereinbefore mentioned, the LieutenantGovernor-in-Council, unless a majority of the ratepayers within the area aforesaid, by petition addressed to him, object to such formation, shall by order, create the said area a village, describing its limits, giving it a name, fixing a day for the election of an Overseer and appointing one of the voters of the said village to act as Returning Officer at the election of such Överseer; and such order shall be published in the NorthWest Territories Gazette.
7. The returning officer shall, by public notice posted up in three conspicuous places within the limits of the village, call a meeting of the voters for the day fixed by order aforesaid for the election of an Overseer.
(a) The said meeting and all future village meetings holding Town shall be held at the hour of two o'clock in the afternoon meeting. of the day appointed, which shall not be Sunday nor a statutory holiday, and shall continue until a majority of the voters present carry a vote for the adjournment of the meeting until a future time, or for its closing.
Nomination of overseers and voting.
Manner of voting.
(b) The overseer shall be a voter of such village.
8. The meeting shall be open for one hour to receive nominations and if at 3 o'clock more than one candidate is nominated, then the returning officer shall proceed to take the vote of the meeting which shall be by open voting and shall continue from 3 o'clock a.m. until 5 o'clock p.m. under the direction of the returning officer and at the hour of 5 o'clock p.m. the returning officer shall declare the candidate who has at that time received the greatest number of votes duly elected.
9. Every person desiring to vote for an Overseer shall, before being allowed to vote, sign a declaration in the form "A" of the appendix to this Ordinance, and his vote shall then be recorded by the returning officer.
Provided that any person falsely declaring himself Penalty for a voter within the village shall be liable upon summary conviction before a Justice of the Peace to a fine of five dollars and costs.
10. The returning officer shall make a return to the Election Lieutenant-Governor-in-Council as soon as may be after the election of an Overseer, showing who has been elected and accompanying his return with the declarations signed by the voters and shall accompany the same with a declaration as in form "B" of the appendix to this Ordinance.
11. The Overseer shall give bonds to the Govern- Overseer's ment of the North-West Territories to the amount of security. $400 in two sureties of $200 each, for the due performance of his duties and the correct account of all moneys received by him; and such bonds shall be duly executed before the returning officer and shall be forwarded by him to the Lieutenant-Governor-in-Council with his return of the Overseer's election.
(a) If the Overseer elected fails to give the bonds Election void herein required within forty-eight hours from the date fails to give of his election, the returning officer shall declare the bonds. election void and shall call another meeting of the voters by not less than one nor more than two weeks' notice, for the purpose of electing an Overseer.
12. At a meeting called for the purpose of electing Motions. an Overseer, and after the Overseer has been elected as hereinafter provided, the returning officer shall continue to preside as chairman and shall receive motions, which must be handed to him in writing with the names of a mover and seconder, and shall put such motions to the meeting as chairman thereof, and the majority of the voters present at the time of the putting of the motion shall decide by their votes to be given as directed by the returning officer whether or not the motion shall carry.
13. The returning offieer shall provide a minute Minute book, book in which he shall keep or cause to be kept a
Powers of meeting.
record of the meeting, which record shall state in full the motions made, by whom they were moved and seconded and whether they were carried or defeated, and motions may be put to such meeting on the following subjects:
(1) To decide the rate of assessment for the ensuing year, such rate not to exceed a rate of ten mills on the dollar.
(2) To decide where and to what extent public improvements to streets, construction of sidewalks or other public works shall be undertaken.
(3) To decide whether or not animals shall be allowed to run at large within the village.
(4) To decide regarding the securing of appliances and a water supply for fire protection purposes.
(5) To decide whether dogs should be taxed or not and, if taxed, the rates.
(6) To decide as to the purchase or lease of a refuse ground.
(a) The returning officer shall, within one week after the election, deliver the said minute book to the Overseer who shall hold the same as the property of the district and shall keep therein the records of all subsequent meetings.
14. The motions on any of the above subjects carried at such meeting shall be binding upon the Overseer for the year in which they were passed or until rescinded by a future meeting called by the Overseer as hereinafter provided.
15. The Overseer, at any time by public notice of at least one week, may call a meeting of the voters of the village on such day and for such place as shall be named in the notice for the consideration of such subjects as may be set forth in the said notice, subject to
provisions of section 13. The hour in all cases to be two o'clock and the day not Sunday or a statutory holiday.
16. Every such meeting shall, by a majority of the Election of voters present, elect a chairman and a secretary, neither of whom shall be the Overseer, and the chairman shall have the same powers at such meeting and the resolutions of the meeting shall have the same force as the meeting held under sections 7, 8, 9, 12 and 13 of this Ordinance.
17. The Overseer shall not incur any indebtedness Indebtedness. on behalf of the village beyond the sum of $100.00, which amount of indebtedness may be incurred pending the collection of the taxes assessed, but all indebtedness must be settled before the twenty-first day of December in each year.
18. At every meeting for the election of an Over- Auditor. seer, the meeting shall, by a majority of the voters present, elect an auditor who shall examine all books, accounts, vouchers, etc., and shall make a report thereon to the Lieutenant-Governor-in-Council for the information of any voter of the village who may demand such information from the Lieutenant-Governorin-Council.
19. An overseer shall hold office for two years from the date of such publication, unless the position become vacant through death, resignation, or moving out of the village, and upon the expiration of his term, or in the event of the position becoming so vacant, the Lieutenant-Governor-in-Council shall issue his writ to such ratepayer, as he may designate, for another election under the provisions of this Ordinance.
Overseer shall hold office
20. In villages no person shall keep on his premises Coal oil and a greater quantity of coal oil or kerosene than three barrels thereof or five cans of five gallons each thereof, except as hereinafter provided. Beyond these quantities, all coal oil or kerosene shall be kept underground