An Act to consolidate and amend the "Municipal Acts." [20th April, 1891.] HEREAS it is expedient to consolidate and amend the Municipal Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. This Act may be cited as the "Municipal Act, 1891." Interpretation. Short title. 2. In the construction of this Act the following expressions shall Interpretation. have the following meanings respectively : : "Municipality" shall include any city, town, township, or district "Municipality." heretofore incorporated, or which hereafter may be incorporated and established under this Act: "The Municipal Council," "the Council," " Council," shall mean and "The Municipal include the Mayor and Aldermen, or the Reeve and Councillors Council." of a Municipality : "Land" shall mean the land itself with all things therein and "Land.” and all mines (other than gold mines), minerals (other than "Real property" shall mean and include not only the land itself "Real property." "Improvements.' Application to Victoria, Nanaimo, and existing district municipalities. Application to New Powers given by other Acts not restricted. Corporation now ex by this Act. affixed to the land, improvements made to the land, and all machinery or other things affixed to any building on the land, so as to form in law part of the realty: "Improvements" shall mean all buildings, structures, or other things erected upon or affixed to the land, or improvements made to the land, and all machinery or other things affixed to any building on the land so as to form in law part of the realty. Preliminary. 3. This Act shall extend and apply to the Cities of Victoria and of Nanaimo, and all township or district municipalities incorporated before the passing of this Act; and each and every of the Acts incorporating or relating to the above-mentioned municipalities so heretofore incorporated is, in so far as the same may be inconsistent with or repugnant to this Act, repealed; but such Acts, except so far as altered by or inconsistent with this Act, shall remain in force and be construed as one with this Act. 4. This Act shall be construed as applying to the Cities of New Westminster and of Vancouver only so far as it is not repugnant to or inconsistent with their Acts of Incorporation or any amendments thereto, or any Acts or Proclamations applicable to either of them; but nothing contained in this section shall be construed into restricting or modifying the power of the Executive Council or the Legislative Assembly with reference to those Municipalities or the Acts relating to them, or to give to the said Corporations the right to tax or assess for municipal purposes personal property, as defined in the " Assessment Act," which is already the subject of taxation for Provincial purposes, or to put in force sections 186, 188, and 189 of the "New Westminster Act, 1888." 5. Nothing contained in any general or special Act relating to any municipality to which this Act applies, shall be deemed to impair, restrict, or otherwise affect the powers conferred on any such municipality by this Act. 6. Nothing in this Act contained shall be construed to dissolve any isting not dissolved corporation composed of the inhabitants of any municipality existing at the time of the passing of this Act; but the same shall be held and deemed to continue to exist by the name given to it by the Act or letters patent incorporating it, and subject to the provisions of this Act, as one and the same corporation. Existing letters patent to continue in force until new ones issued. 7. The letters patent incorporating any existing municipality shall, until the issue of new letters patent under section 12 of this Act, or as hereinafter mentioned, notwithstanding anything contained in this Act, continue in as full force and effect as if the provisions contained in such letters patent had been contained in and enacted by this Act, save that the officer styled "Warden" in any letters patent shall, from and after the passing of this Act, mean and be styled "Reeve." 8. The extension of this Act to existing municipalities, and the Extension of this repeal of previous Acts, shall not be understood as affecting any matter other Acts not Act and repeal of or thing done, or required to be done, resolutions, decisions, orders, or retrospective. other proceedings of the Council of any municipality incorporated before the passing of this Act, debentures, promissory notes, shares, or obligations issued, or by-laws, rules, and regulations made under and by virtue of the said Acts; but the said matters or things, debentures, promissory notes, obligations, by-laws, rules and regulations, and the obligations of the corporation, and of every officer and servant in respect of the same, and the sinking fund to be provided, shall continue to be regulated by the said Acts until they shall be changed, altered, replaced, or repealed by any proceeding adopted in virtue of this Act, in which case all such matters and things, resolutions, decisions, orders, or proceedings, debentures, promissory notes, obligations, rules, bylaws, regulations, and orders, as the case may be, shall be regulated and controlled by this Act. Incorporation-When a City or Town Municipality may be created. 9. It shall be lawful for the Lieutenant-Governor in Council, by New city and town letters patent under the public seal, to incorporate and to erect into an municipalities may be incorporated. incorporated City or Town Municipality, any locality in the Province, under the following conditions: owners. (a.) If a petition is received by the Executive Council dated and Petition by property signed by the owners, as shown by the books in the Land Registry Office, of more than one-half in value of the real property to be included within the limits of such municipality if incorporated. Such value to be ascertained from the then last revised Provincial assessment roll: (b.) The tract of land referred to in the petition, and which may be Extent of area. included in the municipality to be created, shall not extend over or exceed an area of two thousand acres : (c.) If within the boundaries of the land to be created into a muni- Requisite number of cipality there are and have been resident, for at least six months inhabitants. before the date of the first signature to the petition, one hundred male British subjects of the full age of twenty-one years: (d.) Every such petition shall state the total number of persons Form and requisites entitled to petition, and their names, the assessed value of each of petition. person's real property as above, the names and total number of male inhabitants who are British subjects, and are of the full age of twenty-one years, and who have been and are residents, for at least six months before the date of the first Notice of intention to apply for incorporation. Name of proposed municipality. New township and district municipalities may be incorporated. Petition by preemptors and land owners. Requisites of petition. Name of proposed municipality. Proviso as to subdivided town lots. signature to the petition, within the boundaries of the land sought to be incorporated as a city or town: (e.) The petitioners shall give public notice of their intention to apply for incorporation as a municipality, by inserting for at least one month in a newspaper published or circulating in the portion of the Province in which the municipality is to be created, and in the British Columbia Gazette, a notice of their intention to apply for incorporation, signed by one or more of the petitioners. The petition shall also state the proposed name, limits, and extent of the land desired to be incorporated as a municipality. When a Township or District Municipality may be created. 10. It shall be lawful for the Lieutenant-Governor in Council, by letters patent under the public seal, to incorporate into a township or district municipality any locality in the Province (not already incorporated as a municipality) under the following conditions:(a.) Upon receiving a petition requesting to be so incorporated, dated and signed by a majority of the registered land owners, as shown by the books in the Land Registry Office, and resident pre-emptors who have resided upon their pre-emptions for one year, being respectively male or female British subjects of the full age of twenty-one years, and owners of land and resident pre-emptors in any locality of an area not greater than one hundred and ten square miles, in which locality there have been and are resident, for at least six months before the date of the first signature to the petition, thirty male British subjects of the full age of twenty-one years: (b.) Every such petition shall state the total number of persons within the boundaries sought to be incorporated who are entitled to petition under this section, and their names; the total number of male inhabitants who are British subjects, and who are of the full age of twenty-one years, and who have been and are residents, for at least six months before the date of the first signature to the petition, within the boundaries of the land sought to be incorporated as a township or district municipality : (c.) The petition shall also state the proposed name, limits, and extent of the locality desired to be incorporated as a municipality : (d.) No land which has been subdivided by survey into town lots, and a map of which has been filed in the Land Registry Office of the district, shall be included within the boundaries defined in the letters patent incorporating a district or township municipality, unless all the conditions and provisions of section 9 of this Act have first been complied with: (e.) The petitioners shall give public notice of their intention to Notice of application for incorporation. apply for incorporation as a municipality, by inserting, for at least one month, in a newspaper published or circulating in the portion of the Province in which the municipality is to be created, and in the British Columbia Gazette, a notice of their intention to apply for incorporation, signed by one or more of the petitioners. 11. The letters patent incorporating a municipality shall specify Letters patent of the name, limits, extent, and nature of such municipality, the number incorporation. of the Municipal Council, what number shall form a quorum thereof, the qualification of the members of the first Council to be elected, the time and manner of electing the first Council, the Returning Officer at the first election, the polling places, the day on which the Council shall first meet, and such other provisions as may be necessary for the establishment of such municipality. All letters patent for the purposes aforesaid shall be published in the British Columbia Gazette, and also in a local newspaper. 12. Whenever it shall be made to appear to the satisfaction of the Lieut.-Governor may Lieutenant-Governor in Council that any irregularity has occurred in accept surrender of letters patent and the conduct of any municipal election in any incorporated municipality, issue others. whether such election shall have been held before or after the passing of this Act, and that by reason of such irregularity any reasonable doubt exists as to the legality of the constitution of the said corporation, it shall be lawful for the Lieutenant-Governor in Council, on the application of the Mayor or Reeve and Council of such municipality, to accept a surrender of the letters patent creating such municipality, and to cancel the same, provided he immediately thereafter issue other letters patent, under the provisions of this Act, re-incorporating the people resident in the said municipality; and such other letters patent, when issued, shall have the like force and effect as letters patent issued in the first instance under this Act. 13. Provided, always, that no such surrender or re-incorporation Surrender not to afshall operate as a bar to or discharge of any right of action, claim, or fect prior rights or pending suits. demand any person may have against such municipality, or as a bar to or discharge of any action or suit pending at the time of such surrender and re-incorporation, or any proceedings therein; and such municipality shall, after such surrender and re-incorporation, be as fully liable in respect of any such right of action, claim, or demand, action, suit, or proceedings as if the letters patent issued in the first instance had been good, valid, and effectual, and had never been surrendered. And notwithstanding the surrender of any such letters patent, the corporation so surrendering the letters patent as aforesaid shall be deemed to be and to have been a corporation continuing and existing |