BC Gazette letters 1905

930                                                            THE BRITISH COLUMBIA GAZETTE.                                        [MAY 4TH, 1905.

[L.S.]                                                                HENRI G. JOLY BE LOTBINIERE.

CANADA.

PROVINCE OF BRITISH COLUMBIA.

                      EDWARD VII., by the Grace of God, of the United Kingdom of Great Britain and Ireland,

and of the British Dominions Beyond the Seas, KING, Defender of the Faith, etc., etc., etc.

To all to whom these presents shall come. – GREETING.

1. A. MACLEAN, Deputy Attorney- General- WHEREAS by section 3A of the “Municipalities Incorporation Act,” it is provided that it shall be lawful for the Lieutenant-Governor in Council, by Letters Patent under the Public Seal, to incorporate into a District Municipality any locality in the Province (not already incorporated as a Municipality) under conditions therein specified:

And whereas a petition has been addressed to the Lieutenant-Governor in Council by a majority of the registered land-owners and pre-emptors of that portion of the District of Salmon Arm, in the County of Yale, and hereinafter described, praying that the said District may be incorporated into a Municipality:

And whereas the conditions laid down in the said section have been duly complied with:

And whereas the Honourable SIR HENRI G. JOLY DE LOTBINIERE, K. C. M. G., Lieutenant-Governor of our Province, by and with the advice of the Executive Council, under and by virtue of the powers and authorities conferred upon him by the said Act, and of all other powers and authorities him in that behalf enabling, hath ordered that all that piece of land which may be described as follows :—Commencing at the north west corner of Township 20, Range 10, west of the sixth Meridian, in the Province of British Columbia; running thence east along the northern boundary line of said Town ship 20 to the shore line of the Salmon Arm of Shuswap Lake; thence southerly along the shore line of the said Salmon Arm to the north boundary of the Indian Reserve thence south and east, following the west and south boundary lines of the said Indian Reserve, to the shore line of the said Salmon Arm; thence east and north, following the said shore line of the said Salmon Arm, to the easterly boundary line of section 4, in Township 21, Range 9, west of the sixth Meridian ; thence south along the easterly boundary line of said Section 4, and the easterly boundary lines of Sections 33, 28, 21, 16, 9 and 4, in Township 20, Range 9; thence westerly along the south boundary of Sections 4, 5, and 6, Township 20, Range 9; thence south along the easterly boundary lines of Sections 36 and 25, in Township 19, Range 10; thence westerly along the south boundary lines of Sections 25, 26, 27, 2, 29 and 30, in said Township 19, Range 10; thence northerly along the west boundary lines of Sections 30 and 31, Township 19, Range 10, and the west boundary line of Township 20, Range 10, to the point of commencement; and the inhabitants thereof shall, from and after the fifteenth day of May, A. B. 1905, be incorporated as a Municipality under the said Act, and amendments thereto, and hath made further provisions to the tenor and effect hereinafter appearing.

NOW KNOW YE, that by these presents We do hereby order and proclaim that the locality hereinbefore described, and the inhabitants thereof, shall, from and after the fifteenth day of May, A. D. 1905, be incorporated as a District Municipality, under and subject to the provisions of the “Municipal Clauses Act,” and amendments thereto, and under and subject to the provisions hereinafter contained or referred to.

The said Municipality shall be called and known by the name and style of “The Corporation of the District of Salmon Arm.”

The said Municipality shall comprise all that piece or parcel of land hereinbefore described.

The Council shall consist of a Reeve and four Councillors, and the whole number present at each meeting thereof shall not be less than three.

The nomination shall take place, and the poll (if any) shall be held at the School-house, Salmon Arm.

The nomination for the first election of Councillors shall be on the twenty-second day of May, A. D., 1905, at 12 o’clock noon, and the polling (if any) shall be on the twenty-ninth day of May, A D. 1905, and shall continue for one day only, and the

MAY 4TH, 1905.}                                      THE BRITISH COLUMBIA GAZETTE.                                                       931__

poll shall be kept open between the hours of 8 A. ii. and 4 P. M., and Mr. J. W. Herron, of Salmon Arm, shall be the Returning Officer thereat.

The persons qualified to be nominated for and elected Reeve of such Municipality, at the first election, shall be such persons as are male British subjects, and having been for the three months next preceding the day of nomination the registered owners, in the Land Registry Office, of land or real property situate within the Municipality, of the assessed value, on the last Provincial Assessment Roll, of five hundred dollars or more over and above any registered judgment, and being otherwise duly qualified as a voter. The persons qualified to be nominated for and elected Councillors of such Municipality, at the first election, shall be such persons as are male British subjects, and having been for the three months next preceding the day of nomination the registered owners, in the Land Registry Office, of land or real property, situate within the Municipality, of the assessed value, on the last Provincial Assessment Roll, of two hundred and fifty dollars or more over and above any registered judgment, or being a homesteader, lessee from the Crown, or pre-emptor who has resided within time Municipality for the space of one year or more immediately preceding the nomination, and who is assessed for five hundred dollars or more, on the last Provincial Assessment Roll, over and above any registered judgment, and being otherwise qualified as a voter.

The persons qualified to vote for Reeve and Councilors at such first election shall be all such persons as are male British subjects of the full age of twenty-one years, who are freeholders, homesteaders or pre-emptors within the boundaries of the Municipality, who have resided within the boundaries of the Municipality for one year immediately preceding the date of these Letters Patent, and who shall, before the day of such election, have applied to the Returning Officer, and have had their names placed on the list of electors for such election.

The Reeve and Councillors elected at such first election shall hold office until his successor, or a majority of their successors, have been sworn in, unless he or they shall die or resign or become disqualified.

It shall be the duty of the Returning Officer to enter in a book, in alphabetical order, the names, addresses and occupations of all persons, qualified to vote as aforesaid, who make application to him, as aforesaid, to have their names placed on such list, and such list shall be the list of the electors for such election.

Before the name of any person shall be placed on the list, he shall make and sign a declaration in writing, before some person authorised to administer oaths, setting forth his name, address, occupation and qualifications as aforesaid, which declaration shall be filed with the Returning Officer.

Such list and declarations shall he open to inspection by any person within lawful hours.

Any person may complain that his name is improperly omitted from the voters’ list, or that any other name is improperly inserted thereon, and may apply to any Judge of the Supreme or County Court to have his name inserted thereon or to have any names improperly inserted thereon struck off the said list. In such latter case reasonable notice, to be determined by the Judge applied to, shall be given to the person whose name is proposed to be struck off. The Judge shall hear and dispose of all such applications in a summary way, and the Returning Officer shall amend the list in accordance with the Judge’s decision.

At least six days’ notice of the time and place of nomination and of holding of the poli (if any) shall be given by the said Returning Officer; such notice to be posted during that period in the manner provided by section 30 of the “Municipal Elections Act.”

The Returning Officer shall, on the day of nomination, at 2 o’clock P.M., announce the names of the persons put in nomination in that behalf as candidates for the offices of Reeve and Councillors, as prescribed by the “Municipal Elections Act.”

At the close of the time for nominating the candidates the Returning Officer shall deliver to every candidate, or agent of a candidate, applying for the same, a duly certified list of the names of the several candidates who shall have been nominated; and any votes given at the election for any other candidates than those so nominated shall be null and void.

If, at the expiration of the time appointed for the election as aforesaid, no more candidates stand nominated than there are vacancies to be filled up, the Returning Officer shall forthwith declare the candidates who may stand nominated to be elected, and return their names to the Registrar of the Supreme Court.

932                                                      THE BRITISH COLUMBIA GAZETTE.                                          [MAY 4TH, 1905.__

No speeches or interruption to the proceedings of nominating candidates at the hustings shall be permitted by the Returning Officer between the reading of the notice of election and the closing of the proceedings on nomination day by the Returning Officer.

If, at the expiration of such time, more candidates stand nominated than there are vacancies to he filled up, the Returning Officer shall declare the names of the candidates, and publicly proclaim the day previously stated in his proclamation, and the place at which the poll shall be so opened in the Municipality, for the purpose of taking the votes of the electors (according to law and shall then adjourn the election, and shall take a poll by ballot, and shall cause to be posted up notices of his having granted such poll, indicating the names, residences, and occupations of the candidates so nominated, in the order in which they shall be printed on the ballot papers, which notices shall, as soon as possible after the nomination, be placarded in all the places where the proclamation for the election was posted up.

If, after the adjournment of an election by the Returning Officer for the purpose of taking a 1)011, one of the candidates nominate/i shall (lie before the poll has commenced, the Returning Officer shall, upon being satisfied of the fact of such death, countermand notice of the poli, and all the proceedings with reference to the election shall be commenced afresh: Provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.

In case of a poll being held, the candidates (duly qualified) who shall obtain the greatest number of votes shall be Reeve and Councillors respectively.

Every person qualified to vote shall have five votes, being one for each Councillor to be elected, and one for Reeve, hut he may vote for any less number than five; Provided always, that he shall not east more titan one vote in favour of any one candidate, or vote on more than one occasion. And in the event of the number of votes being found to have been equal for any two or more candidates, one or more of whom, but not all of such candidates, being by the state of the poll entitled to be declared elected, the Returning Officer shall, by a casting vote or votes, as the ease may be, decide which of the candidates for whom the votes may be equal shall be elected: Provided that the said Returning Officer shall not vote except in ease of an equality of votes as aforesaid.

All expenses attendant upon the said election shall be borne by the said Municipality.

The opening of the ballot boxes and counting the votes shall be in the presence of the candidates, if they attend for that purpose.

The Returning Officer, after the declaration of the poll, shall retain the ballot papers and boxes until a Clerk shall be duly appointed, to whom he shall forthwith deliver the same.

Every person who shall have presented himself for nomination, and who shall have been elected a Reeve or Councillor, must serve for the term for which he has been elected, unless in case of sickness, or in default pay a sum of fifty dollars towards the Municipal Revenue; such sum, with costs, shall be recoverable by the Clerk of the Municipality, summarily, before any Justice of the Peace.

Any vacancy in the office of Reeve or Councilor shall be filled as provided by the “Municipal Elections Act.”

The first meeting of the Council shall be held on the first Saturday after the day of election, at the School House aforesaid, at 12 noon.

Until provision be made by by-law in that behalf, all proceedings at and relating to the meetings of the Council shall be held and taken in accordance with the provisions contained in the “Municipal Clauses Act,” and all the powers, privileges and duties of the Reeve and Council shall be the same as those prescribed by the said Act.

At the first meeting, or as soon thereafter as possible, the Council may elect a Clerk, Treasurer, Collector and Assessor, or such officers as they may deem necessary, who shall hold office during the pleasure of the Council, and receive such remuneration as the Council may by by-law appoint.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent, and the Great Seal of Our said Province to be hereunto affixed: WITNESS, the Honourable Sir HENRI GUSTAVE JOLY BE LOTBINIERE, K. C. M. G., Lieutenant-Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Province, this fourth day of May, one thousand nine hundred and five, and in the fifth year of Our Reign.

By Command.

FRED’K J. FULTON,

Provincial Secretary

NOTE1: The copy of the article from British Columbia Gazette from 1905 about establishing “The corporation of the District of Salmon Arm”

NOTE2: With the repealing of the enacting clause of the British North America Act, 1867 (currently unlawfully referred to as the Constitution Act, 1867) in 1893 via the Statute Law Revision Act, 1893, all government/controlling bodies in so called Canada have been acting fraudulently since June 9, 1893 and Fraus omnia corrumpit: fraud negates everything, including prior consent.