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Reports of (2) The Minister shall from time to time report contemplated construction; to the Governor-in-Council the amount of construcprogress statements. tion with moneys contributed as aforesaid contem

plated for the ensuing year. The Minister shall render to the Provincial Treasurer itemized statements showing the cost and construction of such roads as the work progresses, and such statements shall show a sub-division of cost between the Province and the Dominion Government.

8. 52 as enacted by Ch. 44 1925

21. Section 52 of the said Chapter, as that Section reponded sub- is enacted by Chapter 44 of the Acts of 1925, is stituted.

repealed and the following substituted therefor:

Governor-in-
Council may

52. (1) The Governor-in-Council shall have powextinguish right er to extinguish the right of the public to use any of public to use highway. highway or any part thereof.

Copy of Order (2) A copy of the Order-in-Council extinguishing in Council to be certified and the right of the public to use any highway or any filed.

part thereof and setting forth a description of such highway or part thereof, shall be certified by the Clerk of the Executive Council to be a true copy of such Order-in-Council and shall be filed in the office of the Registrar of Deeds for the Registration District in which such highway or part thereof is situate.

Governor-in- (3) The Governor-in-Council may make such Council may make provision provision for the use of such highway or part thereof for use by adjoining owners by the adjoining owners as the Governor-in-Council or land. deems expedient, or the Governor-in-Council may

sell, lease or otherwise dispose of the land within

the boundary of such highway or part thereof. S 53 amended.

22. Section 53 of the said Chapter is amended by striking out the word “Board” wherever the same occurs therein and substituting therefor the word “Minister”.

8. 54 repealed; 23. Section 54 of the said Chapter is repealed and substituted.

the following substituted therefor: Disposal of 54. (1) The Minister may sell, lease or dispose equipment. of for such consideration and on such terms and con

ditions as he deems advisable any of the following

certain

part of Macb

things, in this section called equipment, namely:road graders, road rollers, tractors, motor trucks, motor cars, electric motors, rock crushing machinery, elevators, loading bins, air compressor drills, derricks, excavating and loading machines, horses, vehicles, plows, drags, scrapers, scarifiers, and such other machines or implements as are used in connection with the construction or maintenance of the highways.

(2), All sums of money received from any such Sums received sale, lease or disposal shall be paid to the Minister inery Replaceand shall form part of a fund to be called “The Machinery Replacement Fund”. The said Fund shall from time to time be used by the Minister for the purchase and maintenance of other equipment. (3) Whenever any equipment is used in connec

When equip tion with any work the cost of which is chargeable chargeable to to capital, such reasonable sum as the Minister determines for such use of the equipment shall be paid to the Minister into and shall form part of “The Machinery Replacement Fund”.

ment is used

Assistant

24. Said Chapter is amended by adding thereto Section added. the following Section: 55. (1) The Governor-in-Council may appoint

Appointment of from time to time a person to be Assistant Minister Minister. of Highways, who may be a member of the Executive Council and who shall be paid such salary as from time to time the Governor-in-Council prescribes.

Minister

(2) The expression “Minister of Highways”, or References to any expression meaning the Minister of Highways, or indudes any reference to the Minister of Highways by official Minister title or otherwise, in this Chapter or in any enactment, conveyance, lease, agreement, plan, rule, order, regulation, by-law, ordinance or in any document or instrument shall be held to include for all purposes the Assistant Minister of Highways when the Assistant Minister of Highways is acting in place of the Minister of Highways at the latter's request, or when the Minister of Highways is incapacitated by illness or otherwise.

Provincial
Highway
Board
abolisbed.

25. The Provincial Highway Board constituted under said Chapter is hereby abolished and any reference in any enactment, conveyance, lease, agree ment, plan, rule, order, regulation, by-law, ordinance, or in any document or instrument to the said Board or to the Chairman thereof, whether such reference is by official title or otherwise, shall as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the Governor-in-Council where such reference is to the said Board and to the Minister of Highways where such reference is to the said Chairman.

CHAPTER 32.

An Act to Amend Chapter 76, Revised Statutes,

1923, “The Motor Vehicle Act”.

(Passed the 15th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

Clause (1), S. 2, Chap. 76, R. S.

1. Clause (f) of Section 2 of Chapter 76, Revised repealed; sub- Statutes, 1923, “The Motor Vehicle Act,” is repealed

and the following substituted therefor:

Minister.

(f) the expression "Minister" means the Minister of Highways.

Section 2 of the said Act is amended by adding thereto the following:

8. 2 added to.

2.

Licensed
Operator.

(1) the expression "licensed operator" means a person licensed as in this chapter provided to

operate motor vehicles on the public highways. 3. The said Act is amended by inserting between Section 36 and Section 37 thereof the following:

Sootions added.

LICENSED OPERATORS.

A36. (1) No person other than a licensed chauffeur shall operate any motor vehicle on any public

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erating motor vebicles.

highway unless each and every of the following re- for persons op quirements is complied with, namely:

(a) Such person shall be the holder of a To hold license license issued to him by the Minister licensing him to operate motor vehicles on the public highways;

(b) Such person shall have with him when when operating . operating a motor vehicle on a public highway the said license;

To carry license

(c) The said license shall be one relating to calendar year. the calendar year in which the motor vehicle is so operated.

Failure to pro

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operate vehicle

(2) If any licensed operator operates

a motor duce license on vehicle on any public highway and fails on request request. of any peace officer to produce then and there for such officer's inspection such person's said license he shall be guilty of an offence against this Chapter.

(3) No person shall allow or permit any motor Only licensed vehicle owned by him or under his control or in his operator to charge to be operated on any public highway by any other person except a licensed chauffeur or a licensed operator.

B36. (1) Subject to the provisions of this Chapter the Minister shall issue a license to a person to operate motor vehicles on the public highways if such person is of the full age of sixteen years, and

(a) files in the Minister's office on a form to Conditions be furnished by him for the purpose a statement licenses are verified by affidavit or by a declaration under The Canada Evidence Act, giving such person's name, address and age, and the trade name and motive power of the motor vehicles he is able to operate properly, and such other information as the Minister requires, and also satisfies the Minister by a testimonial or otherwise as the Minister may require of such person's ability to operate motor vehicles properly, and that he is careful and temperate; or

upon which

(b) having previously been the holder of such license and the license being no longer in force, applies for such license, and if required by the Minister files the said statement and satisfies the Minister as aforesaid.

(2) The license of every licensed operator shall expire at midnight on the thirty-first day of December following the date of such license.

(3) The license of every licensed operator shall be numbered and dated and shall state the date on which the same will expire, the name of the licensed operator, and that the licensed operator is thereby licensed under this Chapter to operate motor vehicles on the public highways.

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8. 37, ss. 2, amended.

4. Sub-section 2 of Section 37 of the said Act is amended by striking out in the second line thereof the following: "Sections 12 and 33 respectively," and inserting in place thereof the following: “Section 12 or Section 33, or Sub-section 1 of Section A36".

S. 40, ss. 1, amended.

5. Sub-section 1 of Section 40 of the said Act is amended by adding thereto the following: “or of any licensed operator”.

S. 40, ss. 3, amended.

6. Sub-section 3 of Section 40 of the said Act is amended by inserting in the fourth line thereof after the word "chauffeur” the words “or of any licensed operator".

S. 40, ss. 4, repealed; substi. tuted.

7. Sub-section 4 of Section 40 of the said Act is repealed and the following substituted therefor:

(4) Unless and until the Minister thinks fit,

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(a) a permit shall not be issued respecting any motor vehicle if a permit respecting the same has been so revoked, and

(b) a person shall not be licensed either as a chauffeur or as an operator where the license of such person either as a chauffeur or as an operator has been so cancelled.

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