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(2) The board shall not make an order under clause (a), (b), (c), (d) or (e) of section 6 as to such indebtedness until the creditors interested in at least fifty-one per cent. of the indebtedness of the municipality or school district have filed with the secretary of the board a petition in writing that the board do exercise the powers set forth in such clauses, giving in the petition the name and post office address of each petitioner; but, on such a petition being filed, the board may exercise the powers set forth in the said clauses. New.

legal proceed

forbidden

9. Upon an order of the board directing the cancella- After order tion, exchange, calling in or withdrawal of debentures inga. or accounts outstanding at the date of the order, no action or other proceeding shall be maintained by or on behalf of the holders of debentures issued or on any account existing prior to the date of the said order or of coupons to such debentures, and judgment recovered in respect of any such debenture, account or coupon shall not be enforceable against the municipality or school district, its property or effects, and it shall be a sufficient defence to any such action or proceeding to state that any new debenture or debentures issued under the provisions of this Act have been duly lodged or tendered as directed by the board, and on the same facts being shown, proceedings in any action or on such judgment may be stayed or set aside. R.S.S. 1920, c. 23, s. 63.

bentures no

standing indebtedness

10. No portion of the debenture indebtedness of the Cancelled demunicipality or school district represented by the deben- part of outtures ordered to be cancelled or retired shall after the order of the board for cancellation, exchange or other disposition of such outstanding debentures, form part of the general debt of the municipality or school district within the meaning of any Act or Acts limiting the borrowing powers of such municipality or school district, and it shall not be necessary to recite the amount of the loan secured by such outstanding debentures. 1920, c. 23, s. 67.

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estimates

11. (1) The local authority of a municipality or Annual school district which has been brought under the pro- submitted visions of this Act shall, while it so continues, unless the board otherwise orders, submit annually to the board for revision and approval a statement of the annual estimates of expenditure of the municipality or school district and also the rate or rates proposed to be struck for the then current year, and the board may alter or vary, increase or decrease, such estimates and rates.

(2) Such estimates and rates shall not become effective nor shall any bylaw be passed by the local authority with respect thereto until they have been revised and

Penalties for wrongful expenditure

approved by the board, but when so approved they shall be final and binding upon the municipality or school district. New.

12. (1) If the local authority applies the funds at its disposal otherwise than as authorised by the board, the members of council or trustees who vote for such application shall be jointly and severally liable for the amount diverted and the same may be recovered by the local authority by action in any court of competent jurisdiction.

(2) If the local authority, upon the request in writing of a ratepayer or of the holder of any of the debentures of the municipality or school district, refuses or neglects for one month to bring an action therefor, the action may be brought either by any ratepayer on behalf of himself and other ratepayers or by any such debenture holder.

(3) The members of council or trustees who vote for such application as is mentioned in subsection (1) shall be disqualified from holding any municipal office or any office in the school district, as the case may be, for two years. New.

APPOINTMENT OF ADMINISTRATOR.

Recommenda

tion

13. (1) The board may recommend to the Lieutenant Governor in Council the removal from office of a local authority and the appointment of an administrator for the municipality or school district, and the Lieutenant Governor in Council may make an order accordingly and may fix the salary of the person appointed.

(2) The board may, when authorised to inquire into the affairs of a municipality, recommend to the Lieutenant Governor in Council the appointment of an administrator for any town or high school district wholly or partly contained within the boundaries of the municipality, and the Lieutenant Governor in Council may make an appointment accordingly and may fix the salary of the person appointed.

(3) An administrator appointed under either subsection (1) or subsection (2) shall have all the powers and may perform all the duties of the local authority and of all or any of the officials thereof, and shall be responsible for such performance to the Local Government Board whose orders and directions from time to time he shall carry out and he may pay the expenses of administration out of the funds of the municipality or school district. New.

DEALING WITH SUBDIVISIONS.

subdivisions

14. (1) When land in a municipality whose affairs Dealing with are under inquiry has been subdivided in accordance with a registered plan, and it is deemed advisable that the plan should be cancelled, altered or amended in whole or in part, the board may, upon hearing the parties concerned or such of them as have appeared after being duly notified, recommend to the Master of Titles and the Master of Titles may order:

(a) an exchange of parcels held by any person for
parcels held by the municipality in either the
same or another subdivision, or that the munici-
pality may purchase such parcels at prices fixed
by the board, the cancellation of the existing
certificates of title and the issue of new certifi-
cates to correspond with the change of owner-
ship;

(b) the cancellation in whole or in part of any plan. or survey, the cancellation of the certificates of title issued according to the original plan and the issue of new certificates of title according to the new and amended plan authorised by this section. (2) The board shall cause notice of every hearing under subsection (1), except an adjourned hearing, to be served upon every person appearing by the records of the land titles office to be interested in the property to be dealt with, and in the case of streets, avenues, lanes or public reserves, notice shall be served upon the Minister of Highways. New.

notice

15. Subject to the provisions of section 32 of The Service of Local Government Board Act, such notice may be served by mailing it in a registered letter, postage prepaid, to the address of the person interested as given in the said records, and in such case where the person to be served resides within Saskatchewan the notice shall be served fifteen clear days before the day appointed for the hearing; where he resides elsewhere the board may allow such length of notice as it deems reasonable. New.

taxes

16. (1) The board may, where a municipality is Arrears of the applicant for title, recommend to the Master of Titles and the Master of Titles may order that, notwithstanding anything in The Arrears of Taxes Act, title do issue for lands in respect of which taxes are in arrear without payment of arrears of school taxes.

(2) The board may also, where a municipality is the applicant for title, recommend to the Lieutenant Governor in Council the remission of supplementary revenue or public revenue taxes, and, on the production of a certificate of the Provincial Treasurer that such taxes

Incumbrances

Streets, lanes and public

places

Removal of landmarks

Sale of lands

have been remitted, the Master of Titles may order that title to such lands do issue accordingly. New.

17. Where an exchange of properties has been directed. and land which is to be transferred to a municipality is subject to incumbrances or there are any other registrations against the title to such land, the board may nevertheless recommend to the Master of Titles and the Master of Titles may order that the registrar of land titles do issue a certificate of title therefor in favour of the municipality, free from incumbrances and from such other registrations, if any, and do enter all registrations affecting the title thereto upon the certificate of title of the parcel which the municipality gives in exchange; and on such registration all documents affecting the title to the land received by the municipality shall be read as if they referred to or affected the title to the land given in exchange therefor, and the rights of all parties with respect to the land given in exchange shall be the same as if the registrations entered upon the certificate of title thereto had been made thereon in the first instance. New.

18. Where the Master of Titles orders the cancellation in whole or in part or the amendment or alteration of a plan, the consent of the Minister of Highways shall not be required to a change in the boundaries of a street, lane, park or public reserve or to the obliteration of such street, lane, park or reserve from the plan, but the order may dispose of the rights of the Crown in the land contained in such street, lane, park or public reserve as freely as if it were the property of a private person. New.

19. Where the Master of Titles orders the cancellation in whole or in part or the amendment or alteration of a plan, he may also, notwithstanding anything in The Saskatchewan Surveys Act, chapter 70 of The Revised Statutes of Saskatchewan, 1920, order that landmarks, posts or monuments in the ground shown on the plan or the part thereof ordered to be cancelled, other than those marking the outer boundaries of the plan, may be removed by such persons as he may designate for the purpose. New.

20. The board may order that the provisions of the municipal Act governing a municipality, or of The Arrears of Taxes Act, with reference to the sale and disposal of the lands of a municipality, shall not apply to any lands of a municipality whose affairs are the subject of inquiry under this Act, but may authorise the sale of such lands by public auction or private con

tract in such manner and on such terms and conditions as may appear desirable.

New.

properties

21. When an exchange of lands is directed, and the Tax sale parcel to be transferred to the municipality has been sold for taxes, the board may, notwithstanding that application may have been made for title by the tax purchaser, recommend to the Master of Titles and the Master of Titles may order:

(a) that a certificate of title shall issue to the munici-
pality free from incumbrances and from any
liability consequent upon the tax sale;

(b) that the parcel transferred by the municipality
shall be substituted for the parcel transferred to
it as the subject of the tax sale proceedings, that
the records of the municipality and of the land
titles office shall be altered accordingly; and
(c) that the rights of all parties in the parcel so
transferred shall be the same as they would have
been had that parcel been the subject of the tax
sale. New.

titles office

22. The Lieutenant Governor in Council may, on the Fees in land recommendation of the Local Government Board, order that no fees shall be charged in the land titles office for the registration of any instruments, the issue or cancellation of certificates of title or the cancellation of plans when required by the order or direction of the Master of Titles under this Act.

New.

GENERAL PROVISIONS.

jurisdiction

23. The board shall have exclusive jurisdiction in all Exclusive cases and in respect of all matters in which jurisdiction is conferred on it by this Act. R.S.S. 1920, c. 23, s. 53.

forms

24. Notwithstanding anything contained in any Act Approval of or law to the contrary, any bylaws and debentures issued pursuant to this Act may be in such form as may be approved by the board, and, upon such approval being given, no irregularities in the form of any of the debentures issued under the authority of this Act or any bylaw authorising the issue thereof or any other bylaw herein referred to, shall render the same invalid or be allowed as a defence to any action against the municipality or school district for the recovery of the amount thereof or the interest thereon or any part thereof. R.S.S. 1920, c. 23, s. 66.

25. It shall not be necessary that any of the bylaws Consent of for the purposes mentioned in this Act shall be submitted required

ratepayers not

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