CAP. XLVIII. An Act respecting the Assets and Liabilities of the City of Emerson and providing for certain matters connected therewith. [Assented to 28th May, 1886.] W HEREAS the city of Emerson has been by the Manitoba Preamble. to be known as the town of Emerson and the town of West And whereas on account of such division it is necessary to provide for the division of the assets and liabilities of the said city and for bringing the said towns under the system of Municipal Government provided by the Municipal Act, 1886. THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. All liabilities of the said towns of Emerson and West Distribution of debts of City Lynne before the amalgamation thereof as aforesaid shall be of Emerson. assumed and discharged by the said towns of Emerson and West Lynne, respectively, as if the said Act of amalgamation had never been passed, and all the property, assets and effects of the said towns of Emerson and West Lynne, respectively held by them before the amalgamation thereof, shall be revested in and held by the respective corporations of the said towns of Emerson and West Lynne respectively, in the same manner and to the same extent as if the said Act of amalgamation had never been passed. liability. 2. Each of the said towns of Emerson and West Lynne Payment of shall pay its just share in proportion of all liabilities incurred shares in in the name of the city of Emerson, since the amalgamation of the said towns of Emerson and West Lynne and before the repeal of the said Act of amalgamation takes effect, according as the same shall appear on the last revised assessment roll whether made since the amalgamation of the said towns or at any other time. 3. All property, assets and effects acquired by the said Division of towns of Emerson and West Lynne since the amalgamation assets. thereof, as aforesaid, under the name of the city of Emerson, shall be divided between the said towns of Emerson and West Lynne, in proportion to the assessed value of property in the said towns of Emerson and West Lynne, as appears by the last revised assessment roll, whether made since the amalgamation of the said towns or at any other time. Collection of 4. All unpaid taxes of the city of of Emerson shall be unpaid taxes. collected by the corporation of either of the said towns of Emerson or West Lynne in which the land or property on which the taxes may be due is situate. disputes by Settlement of 5. All disputes and differences that may arise under the arbitration. foregoing provisions of this Act, between the respective corporations of the towns of Emerson and West Lynne, shall be referred to the mayors of the said towns and to the municipal commissioner and they shall consider and finally determine the same, and the said commissioner and mayors shall upon being requested so to do by the corporation of the said towns of Emerson and West Lynne, inquire into and finally determine all such disputes as aforesaid that may arise between the said corporations as aforesaid, and the decision of the said commissioner and mayors shall be final and binding on the said corporations of the towns of Emerson and West Lynne and each of them. Bridges vested in Joint committee. Aldermen for Emerson to continue as councillors. 6. The railway and traffic bridges shall not form any portion of the assets of the said City of Emerson, to be divided between the said town of Emerson and the said town of West Lynne, but the same with the approaches thereto acquired by the City of Emerson shall be and are hereby vested jointly in the said towns, and shall be administered by the Mayors thereof, acting as a bridge committee, and the expenses shall be equitably divided between said towns, and in case of dispute the matter shall be referred to the Municipal Commissioner whose award shall be final. 7. The aldermen at present elected and sitting as aldermen present year in for wards 4, 5 and 6 of the city of Emerson shall be and continue as councillors for the respective wards for which they have been elected, and represent the same in the council of the town of Emerson until the expiration of the term for which they were elected and until their successors have been duly elected according to law. The mayor of the city of Emerson shall be and continue to be the mayor of the town of Emerson until the expiration of the term of office for which he was elected and until his successor shall be elected according to law; and on a day to be appointed by the Lieutenant-Governor-in-Council an election shall be held of three councillors to complete the number of councillors of the said town of Emerson for the unexpired portion of the current year of office. Election to fill the vacancies. 8. And for such election the Clerk of the City of Emerson shall prepare new voters' lists for wards 4, 5 and 6, and also for the town of West Lynne, such lists to be prepared and posted up in his office within one week after the coming into force of this Act, and within seven days from the posting up of such lists there may be an appeal from such lists to the county court judge, the procedure of the appeal and of the revision of the list by the county judge, if any, is required to be as near as may be, the procedure provided by the Municipal Act, 1886, and to be decided summarily. West Lynne. 9. The aldermen elected and serving as such for wards Nos. Councillors for 1, 2 and 3 of the city of Emerson shall be and continue to be current year in the councillors of the town of West Lynne; and on a day to be appointed by the Lieutenant-Governor-in-Council, there shall be elected another councillor to complete the number of four councillors, which shall be the number of councillors in addition to the mayor to form the council of the said town of West Lynne; and on the same day an election shall be held for the election of a mayor for the said town of West Lynne who shall hold office for the unexpired portion of the current year and until his successor in office shall have been duly elected according to the provisions of the Statutes in that behalf provided. payment of 10. Provided always, however, that if at any time here- Bylaws for after, the then total indebtedness of the now city of Emerson existing shall by agreement between the said towns of Emerson and indebtedness. West Lynne or otherwise howsoever, be specially apportioned as to amount to be assumed and payable by each of said towns it shall thereupon be lawful for the councils of said towns, or either of them, by submitting the same to a vote of the ratepayers to pass a by-law providing for the issue of debentures representing such sum in each case as shall be apportioned to such town or any part thereof in such sums bearing such interest and payable at such times and places as such council shall see fit and to issue debentures thereunder, and such debentures shall when so issued be a valid and binding security and lien upon the corporation of the town so issuing the same. council may tween towns creditors. 11. In the event of a settlement being at any time arrived Lt.-Gov.-inat between the said towns and their respective creditors prior give effect to to amalgamation and their common creditors as the city of settlement beEmerson by agreement or otherwise of all matters necessary and old to the complete separation of the said towns as regards debts and liabilities and assets and property it shall be lawful for the Lieutenant-Governor, by Order-in-Council, to give effect to such settlement according to the terms thereof, in as full, complete, lawful and binding a manner as could be done by Act of the Legislature, and such settlement when so given effect to shall be final binding and conclusive upon all creditors of the said city of Emerson or the said towns or either of them. Creditors 12. Nothing in this Act contained shall affect the vested rights saved. rights of creditors existing at the time the indebtedness was contracted. Act in force by 13. This Act shall come into force by proclamation of the proclamation. Lieutenant-Governor-in-Council. Preamble and recitals. O. in C. of Gov 6 May, 1885. CAP. XLIX. 'An Act respecting aid granted to Railways, under the Railway Aid Act, 1885, and for making provision with regard to the same. WE [Assented to 28th May, 1886.] HEREAS, by Orders-in-Council, passed on the first and fifteenth days of June, and on the seventh of July last (A.D. 1885), and numbered 1759-c, 1784-c, and 1797-c, respectively, it was in effect recited, stipulated and ordered, with reference to aid granted under the Railway Aid Act, 1885, to the Manitoba and North Western Railway Company of Canada, as follows, that is to say: 1. "That under Orders-in-Council of the Governor-General Gen in Council of Canada in Council, bearing date respectively the fourth day of October, A.D. 1884, and the sixth day of May, A.D. 1885, and which are hereto annexed, the said Company is entitled to a land grant as is therein fully set forth ; Road to be built. Aid requested, 2. "That the said Company has satisfied your Committee of its bona fide intention to immediately proceed with the construction of the line of the road from the present terminus at Minnedosa westwardly to the western boundary of this Province, and has assured your Committee that it is prepared to construct and complete at least fifty miles of the same during the present season, so that the crop of 1885 can be moved by the Company. 3. "That the Company has, under the provisions of the Railway Aid Act, 1885, above mentioned, applied for aid to the extent of seven thousand five hundred dollars ($7,500) per mile of construction, by the issue and delivery to them of Provincial Debentures for the said amount, bearing interest at the rate of five per centum per annum, repayable not less than twenty (20) years from the date of the issue of such debentures. 4. "Your sub-Committee submit that in their opinion the Aid to be aid asked for to the extent of seven thousand five hundred granted. dollars ($7,500) per mile should be granted, subject to the conditions hereinafter mentioned, and recommend as follows: 5. “That aid be granted under the said Act to the Manitoba For 50 miles. and North Western Railway Company of Canada to an extent not exceeding seven thousand five hundred dollars ($7,500) per mile of road, to be constructed and completed, beginning at the present terminus at Minnedosa and proceeding westwardly upon the line of construction of said road as it is or may be located; such aid for the present to be granted only to the extent of fifty miles. 6. "That the said aid be granted by the issue and delivery Debentures to the Company of Provincial Debentures under date of July to be issued. 2nd, 1885, bearing interest at the rate of five per centum per annum, payable half-yearly on the first days of January and July in each year, the principal to be repayable on the first day of July, A. D. 1910, and the principal and interest to be payable at some place in the City of London, in that part of Great Britain called England. 7. "That coupons for the half-yearly interest be attached Coupons. to the said debentures. 8. "That the said Debentures shall be in sums of Two DenominaHundred Pounds Sterling money of the Realm, or One tions. Thousand Dollars Canadian currency, each. warrants 9. That the said debentures shall be delivered to the Com-Land pany to the extent of one dollar for every acre of land, upon the said Company duly and properly issuing its land warrants to the Government for the lands so to be granted by the Dominion Government, in the proportion of one acre of land for every dollar so issued in debentures by way of aid. Said lands to be free of encumbrance, except the sum of ten cents (10c.) per aere to be paid to the Dominion Government. The Company to fully comply with all the other terms and conditions of said Railway Aid Act, and to pay all expenses that may be incurred in connection with the issue of said debentures and sales of said lands. 10. "That the said debentures to the amount of $375,000 Debentures delivered to be issued forthwith, and delivered to the Merchants Bank of Merchants Canada, in conformity with the desire of said Company, who Bank. shall be empowered and are hereby authorized to negotiate and sell the same at such time or times and for such price or prices as the said bank shall deem advisable; and the proceeds of the sales of such debentures, after deducting all expenses, shall be deposited in the branch of the said bank in the City |