CHAPTER 33 An Act enabling Municipalities to Grant Relief in Certain Cases. [Assented to February 4, 1920] [IS Majesty, by and with the advice and consent of the SHORT TITLE. title 1. This Act may be cited as "The Municipalities Relief Short Act, 1920," INTERPRETATION. 2. In this Act, unless the context otherwise requires, the Interpretation expression: 1. "Municipality" means a rural municipality; 2. "Minister" means the minister of municipal affairs, "Municipality" "Minister" AGREEMENT RATIFIED. Council 3. An order of the Lieutenant Governor in Council num- Order in bered 1965 of 1919 and dated November 1, 1919, ratifying confirmed and confirming a memorandum of agreement between the Honourable Arthur Meighen, minister of the department of the interior, on behalf of the government of the Dominion of Canada, and the Honourable W. M. Martin, premier, on behalf of the government of the Province of Saskatchewan, entered into on the twenty-third day of October, 1919, which Order in Council and agreement are set out in the schedule to this Act, is approved, ratified and confirmed and the said agreement is declared to be and always to have been from the date of the execution thereof valid and binding upon the parties thereto. confirmed 4. Any and all Orders in Council heretofore made for the Other orders purpose of performing the terms of the said agreement on behalf of the government of Saskatchewan are hereby approved, ratified and confirmed. RELIEF IN ORGANISED DISTRICTS. may borrow 5.—(1) Any municipality may borrow from a bank such Municipality sum as shall appear to the council to be required to furnish to make aid as hereafter specified to farmers who, owing to failure of crops or other adverse conditions may need such assist advances Money bylaw Signature of notes Separate account to be kept Expenditure of money borrowed ance at any time after this Act comes into force and up to the first day of June, 1920; and may repay such sum to the lender, together with interest at such rate not exceeding seven per cent. per annum, at such time, subject to the provisions hereinafter contained, as shall be agreed upon with the lender. (2) Such loan shall not limit or affect the borrowing powers of the municipality under any other statute in force relating thereto. 6. (1) The money shall be raised under the authority of one or more bylaws of the municipality which shall state in general terms the purpose for which it is required and shall regulate the amount to be borrowed and the rate of interest to be paid, and which may also contain such provisions with regard to the disposal to be made of the moneys borrowed and the procedure to be followed as may be deemed expedient. Such bylaws shall become effective only when approved by the minister. (2) The sums required shall be borrowed upon the security of the promissory note of the municipality and the terms imposed by this Act. 7. Promissory notes given by a municipality for moneys borrowed under the authority of a bylaw passed in pursuance of this Act shall be signed by the reeve and secretary treasurer, and shall be made payable at a date not later than the first day of January, 1921, and may from time to time be renewed for a further period not exceeding in all one year from the said first day of January, 1921. 8. Moneys borrowed by a municipality under the authority of this Act shall be held by the council and by the secretary treasurer thereof as a separate fund distinct from all other funds of the municipality, and the council shall cause to be kept by the secretary treasurer a separate and distinct account of such moneys. 9. (1) A municipality which has borrowed money under this Act shall expend it from time to time in the purchase of flour, coal and fodder to be supplied to such farmers therein resident as in the opinion of the council may be unable to purchase the same without assistance and have become unable to do so through failure of crops or other adverse conditions. (2) The municipality shall not, without the written consent of the minister, advance quantities of the above named articles greater than the following, that is to say: (a) to any one family, one sack of flour for each adult (b) to any one family, five tons of coal; (c) fodder to the value of $150 for each quarter sec- 10. Applications for relief shall be made to the council Applications in writing in a form approved by the minister. for relief be forwarded 11. (1) The council or a committee of its members Lists to appointed for the purpose, shall, with all reasonable promptitude, consider applications received and approve or disapprove of the same. (2) The secretary treasurer of the municipality, when forwarding a bylaw mentioned in section 6 hereof for the minister's approval, shall accompany it with a list of the persons whose applications have been approved by the council, giving in the case of applications for coal and flour full particulars of the number of persons in each family, their ages, the amount of relief required and the prices to be paid for same; in the case of applications for fodder, the number of animals owned by each applicant, the amount of relief required and where possible the prices to be paid for same; and in all cases, a description of the lands owned or occupied by each applicant; and shall from time to time as required forward similar lists, all of which shall be subject to the approval of the minister. goods 12. (1) When an application has been approved by Order for the minister, the secretary treasurer of the municipality shall give the applicant an order for the goods to be supplied, and such order shall entitle the person to whom it is addressed to furnish the goods therein specified and to be paid therefor by the municipality. (2) In the case of applications for fodder, the council may, if deemed advisable, purchase the required supply and distribute same direct to applicants without the use of orders. of money 13. In no case shall money be advanced directly out of No advance the relief fund to an applicant for relief, the intention being that the purchase and distribution of the commodities to be supplied shall be made only in the manner provided by this Act. 14. (1) Where there are retail merchants doing Local business in the municipality or on the borders of the merchants Municipality to take notes Transfer of lien Discharge of liens municipality the municipality shall give orders for coal, or flour upon such merchants, provided they are willing to furnish the same at reasonable rates, which may include a fair profit upon the cost of the articles furnished. (2) An applicant may name in writing a merchant with whom he desires to deal, and in such case the municipality shall address its order to the merchant named in case his prices and goods are satisfactory to the council. 15.--(1) A municipality making an advance under the authority of this Act shall take from the purchaser a lien note or agreement in form approved by the minister, payable on demand, charging the lands of the applicant with repayment of the amounts of the advance and interest thereon at the rate of seven per cent. per annum before and after demand until paid. (2) Where the purchaser is registered owner of land, the lien note shall designate such land either by reference to the certificate of title or by such a description as shal identify the land; where he is not a registered owner bu is the purchaser of land under agreement, or is tenant or occupant, the same form of note shall be taken but no particular description shall be required. (3) Notwithstanding anything in The Land Titles Act, 1917, the signature to such lien note or agreement shall be sufficiently authenticated if purporting to be witnessed by the secretary treasurer of the municipality or other person. No affidavit of attestation shall be required, but the registrar of land titles shall register every such lien note when so signed and authenticated against the land. if any, specified therein, and he shall also file the same as an execution against all the lands or all the other lands of the lienor in the land registration district. (4) The provisions of The Homesteads Act, 1920, shall not apply to any such lien note or agreement. (5) Instead of entering a memorandum in the execution docket the registrar may use a separate docket to be known as the "Municipal Relief Lien Docket." 16. Such lien note or agreement may be transferred in the same manner as a mortgage or incumbrance may be transferred under The Land Titles Act, 1917. 17. The council shall, by a letter signed by the secretary treasurer and sealed with the seal of the municipality, direct the registrar to enter a memorandum on the certificate of title to any land mentioned in such letter to the effect that the amount charged against the said land for advances under this Act has been paid, and the registrar shall on receipt of such letter make such memorandum accordingly, and thereupon the lien shall be discharged. executions 18. The council shall by a similar letter direct the Discharge of registrar of land titles to enter a memorandum in the execution docket or in the "Municipal Relief Lien Docket," as the case may be, to the effect that the lands of the person named in the letter are released from all liens under this Act, and upon receipt of such letter the registrar shall make the memorandum accordingly and thereafter the lands of the person mentioned shall be released and discharged from all such liens. registration 19. All registrations, annotations, memoranda, entries or No charge for other work performed by any registrar of land titles as services provided in this Act, shall be done without fee or charge of any kind. treasurer list 20. The secretary treasurer shall enter up, in a list to Secretary be kept by him for the purpose, all advances as they are to keep a from time to time made, together with the names of the applicants, the notes given therefor and all payments made thereon. to collect 21. The moneys due on notes given to the municipality Municipality by persons receiving advances shall be collected by the notes municipality and the proceeds deposited in a separate account in the bank. interest 22. The council shall in each year levy on all the assess- Levy for able property in the municipality by a special rate such on loan sums as shall be required to meet the interest on the moneys borrowed as aforesaid, and shall pay to the bank the full amount of the said interest, applying to that purpose the interest collected from the debtors, and, so far as neces sary, the moneys raised as mentioned in this section. 23. The Lieutenant Governor in Council may, upon the Guarantees application of the municipality and upon such terms and conditions as he may deem advisable, guarantee the repay. ment of moneys borrowed or to be borrowed by it pursuant to and under the authority of this Act, together with the interest accruing thereon. treasurer 24. The Lieutenant Governor in Council may at any Payment by time authorise the provincial treasurer to pay off the amount provincial due from a municipality to a bank, and the provincial treasurer may thereupon require the municipality to assign and transfer to him all securities held by it, which assignment and transfer the municipality is hereby authorised |