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Proclamation of District.
Proceedings after election of Overseer.
4. After the expiration of the thirty days named in the notice hereinbefore mentioned, the LieutenantGovernor-in-Council, unless a majority of the residents within the area advertised, by petition addressed to him, object to such formation, shall proclaim the said area a Statute Labor and Fire District, describing the numbers and ranges of the Townships, and such proclamation shall be published in the official Gazette of the North-West Territories.
5. The Lieutenant-Governor shall thereafter appoint one of the residents within the district so erected as Returning Officer, who shall forthwith, by causing notices to be posted up in four conspicuous places within such area, call a public meeting of the residents of the district, to elect, by open voting, one of their number as Overseer. The cost of such notices and such meeting to be afterwards defrayed out of the funds of the district as hereinafter provided.
6. Every resident voting for such overseer shall sign a declaration as in Form A in the Appendix to this Ordinance and record his vote, and the land upon which he votes, as provided in such form. The poll shall open at 10 o'clock a.m. and remain open until noon, and any person falsely recording himself as a resident or occupant of lands within the District shall be liable, on summary conviction before a Justice of the Peace, to a fine of ten dollars and costs.
7. At the meeting called for the purpose of electing an Overseer, and after the Overseer has been elected as 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
(1) The returning officer shall provide a minute
book in which he shall keep or cause to be kept a proceedings. 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:
(2) To elect an auditor whose duty shall be to audit Auditor. all accounts for the District and to assist the Overseer to make out the returns that are to be sent to the Lieutenant-Governor, and report to the next meeting.
(3) To decide where improvements are to be made Improvements and authorise the Overseer to purchase Scrapers and other implements for the uses of the District which shall be the property of the District.
to be worked in another.
(4) When the majority of the residents of any in one District Statute Labor and Fire District at Public Meeting provided for in Sections 7 and 8 decide by a majority vote that part or the whole of the assessed Statute Labor of the District be worked outside the District on a road that benefits such District, and any monies that may be in the hands of the Overseer may be expended outside the District on a road that benefits such District. The Overseer shall direct the work to be done as directed by a majority of the residents.
8. The Overseer shall in the second year of his term Second meeting of post notices in at least four different places in the Dis- residents. trict calling a meeting of the residents at some convenient place on the first Wednesday of April, who shall elect one of their number Chairman. The meeting shall be conducted as directed in Section 7 and sub-section 1 and the business to be done shall be the same as described in sub-sections 1, 2, 3 and 4 of Section 7.
(a) The motions made and carried at such meeting shall be binding upon the Overseer for the year in which they are passed.
9. Immediately after the election of Overseer, as Returns to provided in Sections 5, 6 and 7 the Returning Offi
Term of office of Overseer.
Rate of assessment.
Names omitted and
cer shall make his return to the Lieutenant-Governor, accompanying it with a record of the voters, having first verified such record on oath in Form B in the Appendix to this Ordinance,
10. The Overseer shall hold office for two years from the date of his election, unless the position become vacant through death, resignation or otherwise, and upon the expiration of his term, or in the event of the position becoming so vacant, the Lieutenant-Governor shall issue his writ to such resident of the district as he may designate, for another election under the provisions of this Ordinance.
11. It shall be the duty of the Overseer to make such assessment as is hereinafter provided.
12. Every male resident, over eighteen years and under sixty, not otherwise assessed, having resided for the three months preceding assessment in the district, shall be assessed one day;
And the owner or occupant of land in the said district shall be assessed for every 160 acres two days' work.
13. The Overseer shall, in each year, make out his road and fire district list, setting down in each column as accurately as may be after diligent enquiry, the information called for by Form C.
14. The names of persons omitted from such road new residents and fire district list, shall, from time to time, be added thereto, and be assessed by the Overseer, but no such addition shall be made after the first day of July in
List of work
15. A list of road and fire district work required to to be posted up be done shall be prepared and posted up by the Overseer in eight conspicuous places within the district, at least ten days before calling out the labor.
16. The Overseer shall give ten days' notice to each Notice to owner and occupant assessed to work on roads and for work required fire district purposes, naming in such notice where and when such person is required to work and with what implements.
(a) Provided that no assessed person shall be ob- Distance of liged to go to work at a place further than three miles in a direct line from his residence, unless he has given his consent thereto in writing.
17. Any person, who feels himself aggrieved by the Appeal from tax assessed by the Overseer, may appeal within five days from such assessment to the nearest Justice of the Peace, whose decision thereon shall be final.
18. Every person shall work the whole number Commutation. of days for which he is assessed; but every such person may elect to commute for the same, or for some part thereof, at the rate of $1.00 per day; in which case such commutation money shall be paid to the Overseer; and the Overseer, when such land tax is paid, either in money or in labor, shall write the word "paid" opposite each name or tract of land on his list.
19. Every person intending to commute for his Payment of assessment, or any part thereof, shall, within five days money. after he is notified to appear and work on the highways and roads and for fire district purposes, pay the -commutation money for the work required of him by such notice; and the commutation shall not be considered as made until such money is paid.
20. The Overseer is empowered to require cart or Furnishing of waggon, or plough, or scraper, with a pair of horses or waggon, &c., oxen, and a man, from any person having the same person, within his district who has been assessed two days or more, and who has not commuted his assessment ; and any person so furnishing the same shall be credited' two days for each day's service therewith.
person may provide Substitute.
Person assessed not to
21. Every person assessed to work on highways and roads for fire district purposes, may appear in person or by an able-bodied man as a substitute; and the person or substitute so appearing shall, subject to the orders of the Overseer, actually work eight hours in each day.
22. The acceptance by the Overseer of any excuse be exempted. for refusal or neglect shall not in any case exempt the person excused from commuting for or working the whole number of days for which he is assessed during the year.
23. The expenses connected with the proclamation tation moneys erecting the District into a Statute Labor and Fire District, and the expenses of advertising and holding the meeting of residents for the election of the Overseer of such District, in which the sum of $5, to be paid to the Returning Officer appointed by the LieutenantGovernor for directing and holding uch election, shall be included, and the remuneration of the Overseer, as hereinafter provided, shall be a first charge upon commutation moneys and fines collected by the Overseer; and the balance shall be applied and expended by the Overseer, in the improvement of roads, bridges, or in making fire-guards in the district.
Remuneration of Overseer.
Time for completion of
24. The remuneration of the Overseer shall be $2 per day for every day he is necessarily employed in the execution of his duties as Overseer, to be paid out of the fines and commutation mo ey; provided, however, that he shall in no case receive more than $25 in any one year for his services beyond his own road tax
25. The Overseer shall have all the road and fire Lasessed labor. district labor assessed in his district worked out and expended on the highways and roads previous to the twenty-fourth day of July in each year.
(a) The Overseer shall provide a book, in which he must keep a record of all property belonging to the District.