1912. VANCOUVER CITY ELECTION VALIDATION. CHAP. 46.
CHAPTER 46.
An Act to validate Election of certain Aldermen and
Others of the City of Vancouver, and the Collection
of Taxes in certain Parts of the City of Vancouver.
[11th Januanj, 1912]
Y T p I E K E A S the Council of the City of Vancouver, pursuant to Preamble TT the "Vancouver Incorporation Act, 1900, Amendment Act,
1911," by bj law did declare to be Ward No 7 of the city that portion (hereinafter called " W a r d No 7'") of the city formerly described and known as Hastings Tow nsite, Group 1. Vancouver District, Province of British Columbia, according to the plan thereof marked " Z " and known as " Official Map of Hastings,*' and filed in the Lands Department, Victoria, and being more particularly known and described as follows " Commencing at a point at low-water mark on the south shore of Burrard Inlet, being the north-east corner of Lot 184, Group 1, New Westminster District, and the westerly limit of Nanaimo Street; thence southerly along the westerly limit of Nanaimo Street to its intersection with the northerly limit of Lot 195, Group 1, New Westminster District; thence south sixty seven degrees nineteen minutes east 8.40 chains, more or less, to the northeasterly corner of Lot 195; thence south twenty-two degrees thirty-five minutes west a distance of 22.50 chains, more or less, to the westerly limit of Nanaimo Stieet; thence southerly along the westerly limit of Nanaimo Street to the south-west corner of the Town of Hastings; thence easterly along the northerly boundaries of Lots 393, 52, 51, and 36, Group 1, New Westminster District, to the south-east corner of the Town of Hastings, situated on the easterly limit of Boundary Road; thence northerly along the easterly limit of Boundary Road to its intersection with low-water mark on Jhe south shore of Burrard Inlet; thence west astronomic to a point due north of the westerly
CHAP. 4 6 . VANCOUVER CITY ELECTION VALIDATION. 2 GEO. 5
limit of Nanaimo Street; thence soith to the point of commence-m e n t " ; and did fix two Aldercommence-men a&acommence-mp; the nucommence-mber of Aldercommence-men to reri-<Ment such Ward No. 7:
J >. _d whereas the said Council, pursuant as aforesaid, by said by-law did declare to be Ward No. 8 of the City of Vancouver that portion (hereinafter called " Ward No. 8 •"') of the city lying and being within the following boundaries, that is to say: " Beginning at a point on the northerly boundary of Lot 301, said point being the south-westerly corner of Lot 2 6 4 A ; thence southerly between Blocks 98 and 99; thence westerly between Blocks 97 and 98 on one side and 95 and 90 on thu other, as shown in a registered plan of subdivision of said Lot 301, in said District of New Westminster; thence southerly and following the westerly boundary to the south-west corner of said Lot 301; thence easterly and following the southerly boundary to the southeasterly corner of said lot; thence northerly and following the easterly boundary to the north-easterly corner of said lot; thence westerly and following the northerly boundary of said lot to the point of beginning"; and did fix two Aldermen as the number of Aldermen to represent such Ward No. 8:
And whereas the said Ward No. 7 and Ward No. 8 became pait of the City of Vancouver on the first d«iy of March. 1911:
And whereas, owing to clerical errors occurring in the " Van couver Incorporation Act, 1900, Amendment Act, 1911," the residents of said Ward No. 7 and Ward No. 8 were unable legally, and in accordance with the " Vancouver Incorporation Act, 1900," and amending Acts and the " Public Schools Act, 1905," and amending Acts, to nominate, elect, or vote for Major, Park Board Commissioners, members of the Licensing Board, or money by-laws of or in the City of Vancouver, or Aldermen in said Wards Nos. 7 and 8, for the year 1912, or for school trustees of or in the City of the City of Vancouver on the first day of March, 1911:
And whereas the Assessment Commissioner of the City of Vancouver did, pursuant to the " Vancouver Incorporation Act, 1900," and amending Acts, prepare and make an assessment upon and an assessment roll of and for said Ward No. 7 and Ward No. 8. and did return such assessment roll to the City Clerk of the City of Vancouver on or before the thirty first day of December, 1911:
And whereas the said City Clerk did, prior to the fourth day of January, 1912, prepare and make voters' lists of and for such Ward No. 7 and Ward No. 8 of the persons appearing by the said aysessment roll to possess the like qualifications as are required by those entitled, under the " Vancouver Incorporation Act, 1900," and amending Acts and the " Public Schools Act. 1903," and amending Acts, to nominate, elect, and vote for Mayor, Aldermen, Park Board Commissioners, members oX the Licensing Board, money by-laws, and school trustees:
1912. VANCOUVEB CITY ELECTION VALIDATION. CHAP. 4 6 .
And whereas nominations and elections of Aldermen to represent said Ward No. 7 and Ward No. 8 were, on the fourth and eleventh days of January, 1912, respectively, duly held and conducted in like manner and at the like hours and times as is prescribed by the " Vancouver Incorporation Act, 1900," and amending Acts for nominations and elections of Aldermen for other wards of the city; and in and by said elections Malcolm McBeath and Frank Everett Woodside were, by a majority of the persons voting and appearing by the said voters'' lists for Ward No. 7 to be entitled +o vote for Aldermen, elected as Aldermen to represent said Ward J. •• 7 in and upon the Council of the City of Vancouver for the ye.ir 1912; and in and by said elections Frank Trimble and Sidney Miller were, by a majority of the persons voting and appearing by said voters' lists for Ward No. 8 to be entitled to vote for Aldermen, elected as Aldermen to represent said Ward No. 8 in and upon the Council of the said city for the year 1912 :
And whereas nominations of said Mayor, Park Board Commis-sioners, members of the Licensing Board, ind school trustees of and for the Oity of Vancouver were held on the fourth day of January, 1912:
And whereas the election of said Mayor, Park Board Commis-sioners, members of the Licensing Board, and Fchool trustees, and voting upon money by-laws, were held on the eleventh day- of January, 1912, in the City of Vancouver, except and other than said Ward No. 7 and Ward No. 8, pursuant to and in manner provided by the " Vancouver Incorporation Act. 1900," and amending Acts and the "' Public Schools Act. 1905," and amending Acts, and were also held and conducted in like manner and at like hours and times in said Ward No. 7 and Ward No. 8, in which said last-mentioned wards those persons were allowed to vote therefor who appeared by said voters' lists prepared and made by the said City Clerk to be entitled so to do:
And whereas, as a result of said last-mentioned election and voting, a majority of the votes cast or polled for Mayor in the said city (including the votes cast or polled therefor in said Ward No. 7 and Ward No. 8) were cast or polled in favour of James Findlay; and a majority of the votes cast or polled for Park Board Commissioners in said city (including the votes cost or polled therefor in said Ward No. 7 and Ward No. 8) were cast or polled in favour of Jonathan Rogers, Andrew E. Lees, Edmond Shorey Knowlion, William Keid Owen, and George Eldon; and a majority of the votes cast or polled for members of the Licensing Board in said city (including the votes cast or polled therefor in said Ward No. 7 and Ward No. 8) w e e cast or polled in favour of Frank Porter Patterson and Robert Samuel Pyke; and a majority of the vtttes cast or polled for school trustees (including the votes cast or polled therefor in said Ward
1912. VANCOUVER CITY ELECTION VALIDATION. CHAP. 4 0 .
A by-law to raise by way of debentares the sum of one hundred thousand dollars for park improvements in the City of Vancouver:
A by-law to raise by way of debentures the sum of five hundred thousand dollars for the purpose of obtaining such real property within the city as may be required for the use of the Corporation for parks as 6et out in the Schedule hereto: Ward Xo. 3 $112,000 Ward Xo. 4 150.000 Ward Xo. 5 20.000 Ward Xo. G 143.000 Ward Xo. 7 35.000 Ward Xo 8 40.000 Total $500,000
A by-law to raise by way of debentures the sum of seven thou-sand five hundred dollars for the purpose of establishing and equipping a hospital in the nature of a day nui^ery or creche in the City of Vancouver:
A by-law to raise by way of debentures the sum of six thousand dollars for the erection and equipment of an addition to the Juvenile Detention Home in the City of Vancouver: A by-law to raise by way of debentures the sum of fifty thousand
dollars for the purpose of purchasing a site for and erect-ing, establisherect-ing, and equipping a home for the aged and infirm:
A by-law to raise by way of debentures the sum of ten thousand dollars for the purpose of layir-g out and improving Moun-tain View Cemetery:
A by-law to raise by way of debentures the sum of five hundred and fifty thousand dollars for the purpose of construction of a bridge or viaduct from the intersection of Main Street with Shore Street to the easterly end of Georgia Street, and to purchase any land necessary therefor:
A by-law to raise by way of debentures the sum of one hundred and fifty thousand dollars for the construction of new police headquarters in the City of Vancouver:
A by-law to raise by way of debentures the sum of sixty thou-sand dollars /or Vancouver general hospital purposes: A by-law to raise by way of debentures the sum of fl'ty
thou-sand dollars for the purchase of a site for the erection thereon of buildings to be used as a morgue, an emergency hospital, and a free dispensary: ,
A by-law to raise by way of debentures the sum of ten thousand dollars for the purpose of erecting and constructing a Are hall in Ward No. 6 of the City of Vancouver (known as West Kitsilano):
CHAP. 4 6 . VAMCWVSR G U T SUCTION VALIDATION. 2 Qwo. 5 A by-lav to raise by way of debenture* the sum of seventeen thousand dollars for the purpose of purchasing a site for and erecting and constructing a fire hall in Ward No. 7 of the City of Vancouver (formerly known as Hastings Townsite):
A by-law to raise by way of debentures the sum of one hundred and fifty thousand dollars for the purpose of opening,
clearing, and rough-grading streets in Ward No. 7 of the City of Vancouver (formerly known as Hasting» Townsite):
A by-law to raise by way of debentures the sum of fourteen thousand five hundred dollars for the purpose of purchas-ing a site for and erectpurchas-ing and constructpurchas-ing a fire hall in Ward No. 8 of the City of Vancouver (formerly known as District Lot 301):
A by-law to raise by way of debentures the sum of ninety thousand dollars for streets, sewers, and other permanent improvements in Ward No. 8 of the City of Vancouver (formerly known as District Lot 301):
A by-law to raise by way of debentures the sum of six thou-sand one hundred dollars for extinguishment of riparian rights to Lot 1, Block 3, District Lot 200A, in the City of Vancouver:
And whereas, owing to the said clerical errors, the said city was unable to levy, assess, or collect any taxes for the year 1911 upon, in, or for said Ward No. 7 and Ward No. 8, either under tue " Vancouver Incorporation Act. 1900," and amending Acts or the '• Public Schools Act, 1005," and amending Acts:
And wherea« by order of the Lieutenant-Governor in Council, approved the seventh day of January, 1911, John Johnstone, City Collector of the City of Vancouver, was appointed Deputy Collector of the Vancouver Assessment District, under the " Assessment Act, 1903," and amending Acts, to collect the taxes upon laud and real property and school taxes in and for said Ward No. 7 and Ward No. 8 for the year 1911 (assessed thereon in the year 1910 under ibe said '• Assessment Act, 1903," and amending Acts and the ''Public Schools Act, 1905," and amending Acts), and pursuant to said Order in Council the assessment roils and rural school district assessment rolls of. and for all said last-mentioned taxes and school taxes were delivered to said City Collector for such purpose:
Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—
1. The words "year 1912," wherever they occur in this Act or
1912. VANCOUVER CITY ELECTION VALIDATION. CHAP. 4 6 .
office for which the Mayor and Aldermen of the City of Vancouver were, on the eleventh day of January, 1912, elected pursuant to the "Vancouver Incorporation Act, 1900," and amending Acts; and the words " money by-laws," wherever they occnr in this Act or the preamble hereof, shall mean any and all by-law or by-laws which require the assent of the electors of the City of Vancouver pursuant to the '• Vancouver Incorporation Ac*, 1900," and amend-ing Acta or the " Public Schools Act, 1905," and amendamend-ing Acts.
2. Notwithstanding anything contained in the •' Vancouver Aldermen for Incorporation Act, 1900," and amending Acts or any other Act or Vancouver, for Statute, and subject to the provisions hereinafter set out, the said
Malcolm McBeath and Frank Everett Woodside are declared to be and they shall be and be deemed to be Aldermen of the City of Vancouver for the year 1912 representing said Ward No. 7. and entitled to sit and act as such upon the Council of the said city and otherwise for the year 1912, and enticed to all the rights, powers, authority, and privileges, and subject to all the liabilities, obliga-tions, duties, condiobliga-tions, and penalties, of Aldermen of the City of Vancouver under the "Vancouver Incorporation Act, 1900," and amending Acts or any other Act or Statute.
3. Notwithstanding anything contained in the " Vancouver Aldermen for Incorporation Act, 1900," and amending Acts or any other Act or vnncouWr ror Statute, and subject to the provisions hereinafter set out, the said
Frank Trimble and Sidney Miller are declared to be and they shall be and be deemed to be Aldermen of the City of Vancouver for the year 1912 representing said Ward No. S. and entitled to sit and act as such upon the Council of the xaid cin and otherwise for the year 1912, and entitled to all the rights, powers, authority, and privileges, and subject to all the liabilities, obligations, duties, conditions, and penalties, of Aldermen of the Citv of Vancouver under the " Vancouver Incorporation Act, 19' .1," and amending Acts or any other Act or Statute.
4. Notwithstanding anything contained in the '' Vancouver Mavor of tn« city Incorporation Act, 1900," and amending Acts or any other Act or 1012.
Statute, and subject to the provisions hereinafter set out, the said James Findlay is declared to be and he shall from the date of the passing hereof be and be deen.ed to be Mayor of the City of Vancouver for the year 1912, and en'itled to sit and act ns such upon the Council of the said city and otherwise for the year 1912, and entitled to all the rights, jwwers, authority, and privileges, and subject to all the liabilities, obligations, duties, condition^ and penalties, of Mayor of the City of Vancouver under the " Vancouver Incorporation Act, 1900," and amending Acts or any other Act or
Statute.
OHAP. 46. YAXCOUTCB Crrx ELBCTION VALIDATION. 2 Gao. 5
• 5. Notwithstanding anything contained in the "Vancouver Incorporotkn Act, 1900," aod amending Acts or any other Act or
Statute, and subject to the provisions hereinafter set out, the said Jonathan Rogers, Andrew E. Lees, Edmond Shorey Knowlton, William Beid Owen, and George Eldon are declared to be and tbey shall be and be deemed to be Park Board Commissioners of the City of Vancouver for the year 1912, and entitled to sit and act as such npon the Park Board of the City of Vancouver and otherwise for the year 1912, and entitled to all the rights, powers, authority, and privileges, and subject to all the liabilities, obligations, duties, conditions, and penalties, of Park Board Commissioners of the City of Vancouver under the '• Vancouver Incorporation Act, 1900," and amending Acts or any other Act or Statute.
6. Notwithstanding anything contained in the " Vancouver Incorporation Act, 1900," and amending Acts or any oiher Act or Statute, the said Frank Porter Patterson and Robert Samuel Pyke are declared to be and they shall be and be deemed to be the members of the Licensing Board of the City of Vancouver required, under the " Vancouver Incorporation Act. 1900,'' and amending Acts, to be elected for the year 1912, and entitled to sit and act as such upon the said Licensing Board and otherwise for the year 1912, and entitled as such to all the rights, powers, authority, and privileges, and subject as such to all the liabilities, obligations, duties, con-ditions, and penalties, of members of the said Licensing Board under ihe "Vancouver Incorporation Act, 1900," and amending Acts and all other Acts and Statutes.
school trustee 7. Notwithstanding anything contained in the " Vancouver for tbc year 1912 *
Incorporation Act, 1900," and amending Acts, or the '• Public Schools Act, 1905," and amending Acts, or any other Act or Statute, «nd subject to the provisions hereinafter set out, the said Marie Henrietta McNaughton, William Clubb, Willia"1 E.
Flumer-felt, and George John Dyke are declared to be and they shall be and be deemed to be the school trustees required by the " Public Schools Act, 1905," and amending Acts to be elected at the said election to complete the Board of School Trustees of Vancouver, and entitled to sit and act as such upon the said Board and other-wise for the year 1912 and the next ensuing year, and entitled as such to all the rights, powers, authority, and privileges, and subject as mich to all the liabilities, obligations, duties, conditions, and penalties, of school trustees of the Board of School Trustees of Vancouver under the " ."nblic Schools Act, 1905," and amending Acts or any other Act or Statute.
vottn» on moncr 8- Notwithstanding anything contained in the " Vancouver S'aawr at». i»i2. Incorporation Act, 1900," and amending Acts, or the " PubHc
804 Far* Board
Commt—loner» for the jeir 1912.
Ueendnx Board for the rear 1912.
1812. VANCOUVKB CITY ELECTION VALIDATION. CHAP. 4 8 .
Schools Act, 1905;" and amending Acts, or in any other Act or Statute, the said money by-laws in the preamble hereof described and set ont as being those for which were cast or polled three-fifths of ithe Totes cast or polled for and against same, and snch money by-laws only of those voted upon at the said election held on the eleventh day of January, 1912, are declared and shall be deemed to have sufficiently and in a good, valid, and legal manner received all the assent of the electors of the City of Vancouver required or necessary by the " Vancouver Incorporation Act, 1900," and amend-ing Acts, and the " Public Schools Act, 1905," and amendamend-ing Acts, and anv other Act and Statnte; and npon the said money by-laws being finally passed by the Council of the City of Vancouver, the same shall be in all respects good, valid, and binding by-laws.
?i
9. (1.) All the provisions of the "Vancouver Incorporation Act. Provisions of
1 « •• Vancouver
1900," and amending Acts and of the " Public Schools Act, 1905,'' '«"•Sfl*"1'1»»'' A«.
° ' ' 1900. etc, to
and amending Acts which relate to or are applicable to corrupt «PP'T
practices, and to the declarations of office and qualification, th» disqualifications, forfeitures of seats, resignations, new elections, and controverted elections of Aldermen, Mayor, Park Board Com-missioners, members of the Licensing Board, and school trustees, shail relate to and be applicable to, and to the election of, the Aldermen, Mayor, Park Board Commissioners, members of the Licensing Board, and school trustees referred to in sections 2, 3, 4, 5, 6, and 7 hereof, in like manner as if such last-mentioned Aldermen, Mayor, Park Board Commissioners, members of the Licensing Board, and school trustees had been duly nominated and elected under and pursuant to the " Vancouver Incorporation Act, 1900," and amending Acts and the " Public Schools Acr, 1905,'" and amending Acts.
(2.) All the provisions of the '' Vancouver Incorporation Act, Provisions as to
quashing by-laws
1900," and amending Acts and of the " Public Schools Act, 1905,'' to apply. and amending Acts which relate to or are applicable to quashing by-laws and corrupt practices in respect of by-laws, except in respect of matters in this Act enacted, shall relate to and be applicable to the said money by-laws which by section 8 hereof are declared to have duly received the assent of the electors of the City of Vancouver.
(3.) The said Mayor and Aldermen referred to in sections 2. 3. Mayor end
^ ' * . Aldermen to
and 4 hereof shall make and subscribe the declarations referred to ««^I?^. iu section 15 of the " Vancouver Incorporation Act, 1900," in
manner therein set out not later than the first meeting of the Council of the City of Vancouver held after the expiration of three days from the date of the passing hereof.
declarations ff
II
1!
' I S !Hi
•tff
Committees Appointment of committees sot10. The appointment, naming, or striking of all
appointed, named, or struck by the Mayor and Council of the City ••»<>«• of Vancouver during the year 1912 prior to the passing of this Act
CHAP. 4 6 . VANCOCTKB CITT EXACTION VALIDATION. 2 GEO. 5
is set aside as and from the date of the passing of this Act, and all such committees shall, from such last-mentioned date, be and be deemed to be a t an end and to have ceased to exist, and the provisions of subsection (2) of section 189 of the "Vancouver Incorporation Act, 1900," shall not apply to any resolution of the said Council passed in the year 1912 previous to the passing of this Act.
Assessment rolls for Ward* T and 8 ralidated.
Collection of taxes.
School taxes for 1908 aod 190(1 for Ward* 7 end 8. Certain portion» of feneral taxi* to be paid to tbt Government
1 1 . (1.) Notwithstanding anything contained in the " Assessment Act, 1903," and amending Acts, or the " Vancouver Incorporation Act, 1900," and amending Acts, or any other Act or Statute, the paid hereinbefore-recited assessment rolls and rural school district assessment rolls upon, in, and for said Ward No. 7 and Ward No. S. and all taxes collected thereunder and due or owing thereunder and set out thereon, shall be the property of and paid to and received and collected by the City of Vancouver in like manner as if the said assessment rolls had formed part of the revised assessment roll of taxes of the Cit„» of Vancouver for the year 1911, and been prepared, made, and revised pursuant to the " Vancouver Incorporation Act, 1900," and amending Acts, and in like manner as if such taxes had been taxes assessed and levied by the City of Vancouver for the year 1911 pursuant TO the said " Vancouver Incorporation Act, 1900," and amending Acts.
(2.) All the provisions of the "Vancouver Incorporation Act, 1900," and amending Acts relating or with respect to interest upon, time for payment of, default in payment of, collection and recovery of, and sale of lands for, taxes shall relate to and be applicable to and may be exercised and enforced by the City of Vancouver in respect to the said taxes due or owing under or set out on the said assessment rolls and rural school district assessment rolls upon, in, and for said Ward No. 7 and Ward No. 8 in like manner as if such taxes were assessed and levied by the City of Vancouver and due and owing and set out under and upon the revised assessment roll of the City of Vancouver for the year 1911 pursuant to the " Van-couver Incorporation Act, 1900," and amending Acts.
12. When and so soon as the arrears of scl.ool taxes in and for the years 1908 and 1909 in, upon, and for said Ward No. 7 and Ward No. 8 (and amounting to three hundred and thirty-four dollars and one cent) are collectad by the Government, the same shall be paid to and become the property of the City of Vancouver.
13. The City of Vancouver shall, out of the said tuxes (,exclusive of school taxes) upon land and real property in, upon, and for Ward No. 7 and Ward No. 8 referred to in section 11 hereof, collected by the said City Collector, pay to the Government so ranch (as has not a t the date of the passing hereof oeen paid to the Gwernment) of the following, that is to say : —
1912. VANCOOVEB CITY ELECTION VALIDATION. CHAP. 4 6 .
(a.) One-sixth of the amount of said last-mentioned taxes
(exclusive of school taxes') as appears by the said
assess-ment rolls therefor assess-mentioned in section 11 hereof, said
ode-sixth being six thousand fire hundred and eighty-three dollars and eighty-seven cents;
(6.) The costs and expenses incurred by the Government in
holding the polls in said Ward No. 7 and Ward No. S under order of the Lieutenant-Governor in Council pur-suant to sections 1 and 2 of the " Vancouver Incorporation Act, 1900, Amendment Act, 1909," such ci *ts and expenses being four hundred and sixty-four dollars and forty-five cents; and
(c.) A proportionate amount (represented by the said land and real property in said Ward Nn. 7 and Ward No. 8i of the costs and expenses of the assessment in the year 1910 of the said Ward No. 7 and Ward No. S, and the preparation, making, and revision of the said assessment rolls therefor, such proportion of the amount being one thousand three hundred and forty five dollars and eighty-five cents.
14. The City of Vancouver shall, out of the «aid school taxes in, certain portions upon, and for said Ward No. 7 and Ward No. 8 referred to in v\ards°7 and's to section 11 hereof, collected by the said City Collector, pay to the Go\ernmentt e
Government the sum of two thousand seven hundred dollars advanced by the Government for and on account of the costs and expenses of schools in the said Ward No. 7 and Ward No. 8. and undertaken by the .«aid City Collector to be repaid to the Govern-ment, or so much of said two thousand seven hundred dollars as has not at the date of passing hereof been paid to the Government.
15. Sections 2.'?, 24, 2o, 2(i, 27, and 2.S of the "Vancouver Incor lt.ixai poration Act, 1900, Amendment Act, 1911," are repealed.
16. This Act may be cited as ilie " Cit\ of Vancouver Validation short title Act, 1912."
VICTORIA. BC
Prlnled bj WILLIIH H CDU.1», Printer to the Klnn'i Mcut Biccllwit Mnjwt/. 1812
