Order in Council 1467/1937
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1467 • Approved and ordered this 7th day of December , A.D. 193 7 At the Executive Council Chamber, Victoria, LMuhmantGovemot PRESENT: The Honourable Mr. Pattullo in the Chair. a Hart Mr. Mr. Weir Mr. Wisner Mr. Llackherson Mr. MacDonald Mr. Pearson Mr. Gray Mr. Mr. Mr. To His Honour The Lieutenant-Governor in Council: The undersigned has the honour to report THAT the Commissioner of the Corporation of Burnaby has submitted a Petition to His Honour the Lieutenant-Governor in Council dated the 30th day of November, 1937, a copy of which is attached hereto, shewing that Mrs. Mary Lathers, of Burnaby, B.C., is the owner of property described as Lots One (1) and Two (2) of Block numbered One (1) of the South portion of District Lot numbered Seventy-nine (79 S.), Group One (1), New Westminster District, Lap No. 1995, in the Municipality of Burnaby, and that the said property was sold for taxes in December 1935 for delinquent taxes and costs which together with interest on the upset price to date amounts to Two Thousand one hundred and ninety-seven dollars and four cents (42,197.04), this sum being necessary to redeem the property and pay taxes to the 31st day of December, 1935, and that the 9th day of December, 1937, is the final date of redemption; AND showing that the tax.'s in past years havebeen very severe as evidenced by the 1933 assessment of Twenty-seven thousand tv27,000.00) Dollars which has been reduced to Ten Thousand (410,000.00) Dollars in the years 1936-1937; AND further showing that the owner, Mrs. Mary Mathers, widow of the late William J. Lathers, is now in straightened financial circumstances and cannot redeem the property Which has been the family home since 1911 without some help, has offered the sum of One Thousand six hundred and ninety-seven dollars and fifty-nine cants ($1,697.59) in full settlement of all taxes owing on the said property up to the 31st day of December, 1935, which sun represents the net amount owing after deducting penalties and interest to 31st December, 1935, and interest on the upset price to date; AND PRAYING THAT the said Corporation be given power to accept from the said Mrs. Mary Mathers the said sum of One Thousand six hundred and ninety-seven dollars and fifty-nine cants (41,697.59) in full settlement of all taxes up to the 31st day of December, 1935, levied upon the property described aforesaid: AND TO RECOMMEND THAT pursuant to the provisions of Section 504 of the "Municipal Act", being Chapter 199 of the "Revised Statutes of British Columbia, 1936", the prayer of the said Petition be granted: 2 AND THAT a certified copy of this Minute, if approved, be transmitted to Hugh M. Fraser, Commissioner of the said Corporation, at Edmonds, H.C. DATED this day of A.D. 1937. Teter of Municipal Affairs. APPROVED THIS 14€ day of A.D. 1937. 610,4 Presiding Member of the Executive Council. r • 10 ' • 1 1 1937 UNTO THE HONOURABLE THE LIEUTENANT IlEPAIITMENT GOVERNOR-IN-COUNCIL FOR THE PROVINCE 04, or r:IPA T, OF BRITISH COLUMBIA The petition of the Corporation of the District of Burnaby, in the Province of British Columbia, HUMBLY SHENSTH:- 1. That on the Ninth (9th) day of December 1935, the lands and premises described as lots numbered One (1) and Two (2) of Block numbered One (1) of the South Portion of District Lot numbered Seventy nine (79 S.) Group One (1) Map No. 1995, in the Municipality of Burnaby were sold by . the Collector of Taxes for the Corporation of the District of Burnaby pursuant to the provisions of Section 252 to 266 inclusive, of the "MUnicipal Aot" for the sum of $237.98 and $1722.56 respectively or a total of $1960.54. 2. That the Commissioner for the Corporation of the District of Burnaby did by by-law passed on the 16th day of September 1935, pursuant to the Provisions of Section 263 (2) of the *Municipal Act", extend the time for redemption of any land liable to be sold for unpaid taxes for one year. 3. That the Corporation of the District of Burnaby were declared to be the purchasers of the hereinbefore described land in default of other purchaser. 4. That the said lands have not been redeemed in accord- ance with the provisions of the "Municipal Act.' 5. That the sum now necessary to redeem the said lands amounts to $263.48 and $1,933.56 respectively, making a total of $2,197.04. 6. That the owner of the said lands has represented to the Commissioner that in her opinion the said lands have been over-assessed in the past, which contention is borne out in -2- part by the fact that in the year 1933 the assessed value of the lands and premises was $27,000.00 which has been reduced to $10,000.00 for the year 1937. 7. That the owner of the said lands has offered the sum of $1,697.59 in full settlement of redemption up to December 31st 1935. 8. That the Commissioner for the Corporation of the District of Burnaby deems it desirable and expedient to accept the proposed settlement. YOUR PETITIONER THEREFORE HUMBLY PRAYS that an Order-in- Council may be passed pursuant to the provisions of Section 504 (1) of the "Municipal lot" conferring upon the said Commissioner for the Corporation of the District of Burnaby power to accept the sum of One thousand, six hundred and ninety seven dollars and fifty nine cents ($1,697.59) in full settle- ment of all taxes due and owing up to the 31st day of December 1935 upon the lands and premises described as Lots One (1) and Two (2) of Block numbered One (1) of the South portion of District Lot numbered Seventy nine (79 S.), Group One (1) New Westminster District, Map No. 1995. in the Municipality of Burnaby, and when paid to grant and deliver to the said owner a certificate that the said lands have been redeemed as provided in Seotion 282 (1) of the "Municipal Act". AND YOUR PETITIONER AS IN DUTY BOUND WILL EVER PRAY Dated at Burnaby, B.C. this Thirtieth (30th) day of November, 1937. ‘A4.5)51k.5,644.1, COMMISSIONER. CLERK. * 5M nts cr,s4 GOVERNMENT OF BRITISH COLUMBIA File No. 4347 A. MEMORANDUM TO HOut.A.....1011S_Gray, /ROW Department of Municipal Affairs. Minister. of.Municipal..m.ffaira, Paxliement_Buildingaw December 4th, tee 7. The attached Order in Council permits the Commissioner of the District of Burnaby, who has petitioned the Lieutenant- Governor to allow him to rebate the penalty and interest on Lots 1 and 2, Block 1, South portion District Lot 79 S., which was sold for taxes in 1935, together with the interest on the upset price to date amounting in all to $499.45. His reasons for recommending this is that Mrs. Lathers, the owner, is a widow and that for many years the property was very heavily assessed, the assessment in 1933 being $27,000.00 which has since been reduced in the years 1936-37 to $10,00C.00. Further, the property while a beautiful homesite on about one and one-half acres of land was built in 1911 and has since deteriorated and the widow can no longer keep the property without some assistance. The Commissioner advises that she is receiving some assistance from her son but not enough to rehabilitate the property which is now being rented at $50.00 a month. The Petition ap;ears to be in order and I would recommend that the Order in Council be approved. E.H. Bridgman, Deputy Minister. EHB/MMa. Encl. P.S. - Mrs. Mathors has tendered the sum of $1697.59 in full settlement to the 31st December, 1935. • ri 01..• ,NAJMNMIAMMAAIMIN .