An Act Authorizing the Provincial Board of Any Province Organized under the Provincial Government Act to Use Portions of the Provincial Funds in Certain Cases for the Construction and Repair of Roads and Bridges within the Inhabited Parts of the Municipalities

August 6, 1902

ACT NO. 443

AN ACT AUTHORIZING THE PROVINCIAL BOARD OF ANY PROVINCE ORGANIZED UNDER THE PROVINCIAL GOVERNMENT ACT TO USE PORTIONS OF THE PROVINCIAL FUNDS IN CERTAIN CASES FOR THE CONSTRUCTION AND REPAIR OF ROADS AND BRIDGES WITHIN THE INHABITED PARTS OF THE MUNICIPALITIES

SECTION 1. The provincial board of any province organized under the Provincial Government Act is hereby authorized, in its discretion, to expend a portion of the funds in the provincial treasury for the construction and repair of roads and bridges in the inhabited parts of the province whenever the board shall determine that the municipality within the inhabited parts of which such roads and bridges are situated is financially unable to make the construction or repairs referred to, and that the construction or repair of such roads and bridges is of general importance to the province and ought to be made in whole or in part out of provincial funds, anything in existing legislation to the contrary notwithstanding.

SECTION 2. In case the provincial board shall determine that a road or bridge of general importance to the province within the inhabited portion of a municipality is in need of repair, and shall notify the municipal council of the municipality in which such road or bridge is situated of the necessity of such repairs, and the municipal council shall fail for thirty days to proceed and make the repairs required, the provincial board is hereby authorized to make such repairs out of provincial funds and to assess the whole or any equitable part of the expense thus incurred against the delinquent municipality, taking into consideration in such assessment the ability of the municipality to bear the whole or any portion of the expense, and the utility of the road or bridge for the general interests of the province: Provided, That the authority granted in this and the preceding section shall not apply to purely local roads or bridges. It shall be the duty of the municipal treasurer to pay to the provincial treasurer such sum or sums as may be assessed against the municipality by virtue of the provisions of this section.

SECTION 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 4. This Act shall take effect on its passage.

ENACTED, August 6, 1902.