)5ill ajflrn^U Ham Bcl^ml ffiihtatij KEN5444lTlT'""'"""'"-"'"^ The ordinances of the North-West Territo 3 1924 016 985 545 Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016985545 THE ORDINANCES lORTH-WEST TERRITORIES BEING AN OFFICE CONSOLIDATION of such of the Ordinances of the North-West Territories in force on August 21st, 1905, as the same appear in the CONSOLIDATION OF 1898 and the Amendments thereto, together with the Pubhc General Ordinances enacted by the Legislature of the North- West Territories after the year 1898, as have not been replaced by STATUTES OF THE LEGISLATURE OF THE PROVINCE OF ALBERTA Together with the amendments made thereto by the said Legis- lature up to and including the Second Session of the Second Legislature, 1910. wm^. EDMONTON : Jas. E. Richards, Government Printer 19 11 CORNELL UNIVERSITY JUL 1 3 mz LAW LIBRARY. THE ORDINANCES lOETH-WEST TEEBITOEIES TABLE OF CONTENTS P.'-GB Chronological table -^-iii. Autonomy Act xv. CHAP TITLE I. Intei-pretation. 1. An Ordinance respecting the Form and Interpretation of Ordinances TITLE II. Legislature : Executive awl General Oovernment. 9 An Ordinance respecting the Legislative Assembly of the Territories. ... 2 3. An Ordinance respecting Elections 3 4. An Ordinance respecting Controverted Elections 4 5. An Ordinance respecting the Public Service of the Territories 5 6. An Ordinance respecting the Department of the Attorney General 6 7. An Ordinance respecting the Department of the Territorial Secretary. . . 7 8. An Ordinance respecting the Department of Agriculture 8 9. An Ordinance respecting the Department of Public Works 9 10. An Ordinance respecting the Treasury Department and the Auditing of the Public Accounts 10 11. An Ordinance respecting Public Printing 11 12. An Ordinance respecting Inquiries concerning Public Matters 12 13. An Ordinance respecting Security to be given by Public OfRcers 13 14. An Ordinance respecting the Registration of Births, Marriages and Deaths 14 15. An Ordinance respecting the Expropriation of Lands (repealed 1901, c. 4, s. 78) 15 16. An Ordinance to make regulations with respect to Coal Mines 16 17. An Ordinance respecting the Inspection of Steam Boilers, and the examination of Engineers operating the same 17 18. An Ordinance respecting Ferries (repealed 1901, c. 4, s. 78) 18 19. An Ordinance respecting Public Health 19 20. An Ordinance to regulate F'ubhc Aid to Hospitals 20 IV TABLE OF CONTENTS TITLE III. Relating to the Administration of Justice. CHAP. PAGE 21. An Ordinance respecting the Administration of Civil Justice 22 22. An Ordinance respecting Clerks and Deputy Clerks 23 23. An Ordinance respecting Sheriffs and Deputy Sheriffs 24 24. An Ordinance respecting Commissioners to Administer Oaths 25 25. An Ordinance respecting Notaries Public 26 26. An Ordinance to Abolish Priority among Execution Creditors 27 27. An Ordinance Exempting certain Property from seizure, and Sale under Execution 28 28. An Ordinance respecting Juries 30 29. An Ordinance respecting Alimony 35 30. An Ordinance to amend the law relating to Slander 36 31. An Ordinance respecting Limitation of Actions in certain Cases 37 32. An Ordinance respecting Justices of the Peace 38 33. An Ordinance respecting Constables 39 34. An Ordinance respecting Distress for rent, and Extra-judicial Seizure. . 40 35. An Ordinance respecting Arbitration 43 36. An Ordinance respecting the Investigation of Accidents by Fire 44 TITLE IV. Relating to Real Property. 37. An Ordinance respecting Land held by two or more Persons 46 38. An Ordinance respecting the holding of Lands in Trust for Religious Societies and Congregations 47 TITLE V. Relating to Mercantile Law. 39. An Ordinance respecting the Sale of Goods 56 40. An Ordinance respecting Factors and Agents 74 41. An Ordinance respecting Choses in Action 78 42. An Ordinance respecting Preferential Assignments 79 43. An Ordinance respecting Mortgages and Sales of Personal Property. ... 80 44. An Ordinance respecting Hire Receipts and Conditional Sales of Goods. 94 45. An Ordinance respecting Partnerships 97 TITLE VI. Relating to Special Relationships. 46. An Ordinance respecting Marriages 98 47. An Ordinance respecting the Personal Property of Married Women 106 48. An Ordinance respecting Compensation to the Families of Persons killed by Accidents 107 49. An Ordinance respecting Insurance for the Benefit of Wife and Children . 108 50. An Ordinance respecting Masters and Servants 115 TABLE OF CONTENTS V TITLE VII. Relating to Professions, Trades, etc. CHAP. PAGE 51. An Ordinance respecting the Legal Profession and the Law Society of the Territories 118 52. An Ordinance respecting the Medical Profession 119 53. An Ordinance respecting Dentistry 120 54. An Ordinance respecting Chemists and Druggists 121 55. An Ordinance respecting Veterinary Surgeons 122 56. An Ordinance respecting Hotel and Boarding House Keepers 123 57. An Ordinance respecting Keepers of Livery, Boarding and Sales Stables . 125 58. An Ordinance respecting Auctioneers, Hawkers and Pedlers 128 59. An Ordinance respecting Liens in favour of Mechanics and others 130 60. An Ordinance respecting Threshers' Liens 131 TITLE VIII. Relating to Companies and Kindred Institutions. 61. An Ordinance respecting the Incorporation of Joint Stock Companies.... 132 62. An Ordinance to Authorize the Changing of the names of Incorporated Companies (repealed 1901, c. 20, s. 150) 211 63. An Ordinance respecting Foreign Corporations 212 64. An Ordinance respecting Mining Companies (repealed 1901, c. 20, s. 150) 219 65. An Ordinance respecting the Manufacture of Butter and Cheese 220 66. An Ordinance respecting Benevolent and other Societies 221 67. An Ordinance respecting Mechanics' and Literary Institutes 226 68 An Ordinance respecting Cemeteries 227 69. An Ordinance respecting Agricultural Societies 234 TITLE IX. Relating to Municipalities, Schools, Irrigation Districts, etc. 70. An Ordinance respecting Municipalities 246 71. An Ordinance respecting the Assessment of Railways 247 72. An Ordinance respecting Villages 249 73. An Ordinance respecting Local Improvement Districts 250 74. An Ordinance respecting Irrigation Districts 251 75. An Ordinance respecting Schools 252 TITLE X. Relating to Agriculture, Stock, Game, etc. 76. An Ordinance respecting Brands 307 77. An Ordinance respecting Fences 315 78. An Ordinance respecting Stallions and Bulls 318 79. An Ordinance respecting Pound Districts 323 80. An Ordinance respecting Estray Animals 336 81. An Ordinance respecting the Herding of Animals 344 82. An Ordinance for the Protection of Sheep and other Animals from Dogs 357 83. An Ordinance respecting Stock injured by Railway Trains 358 84. An Ordinance respecting Noxious Weeds 359 85. An Ordinance for the Protection of Game 360 VI TABLE OF CONTENTS TITLE XI. Relating to Protection of Person and Property. CHAP. PAGE 86. An Ordinance to Prevent the Pollution of Running Streams 361 87. An Ordinance for the Prevention of Prairie and Forest Fires 362 88. An Ordinance respecting the Construction of Chimneys 367 TITLE XII. Relating to Intoxicants. 89. An Ordinance respecting the Sale of Intoxicating Liquors and the Issue of Licenses Therefor 368 TITLE XIII. Miscellaneous. 90. An Ordinance respecting Insane Persons 444 91. An Ordinance to Prevent Profanation of the Lord's Day 445 92. An Ordinance respecting the use of Tobacco by Minors 446 93. An Ordinance respecting the General Trust Corporation of Canada 447 PUBLIC GENERAL ORDINANCES. Enacted after 1898. 94. An Ordinance to Declare and Amend the Law of Partnership (c. 7, 1899) 44S 95. An Ordinance respecting the Inspection of Stock (c. 19, 1899) 463 96. An Ordinance respecting the Remission of Certain Penalties (c. 9, 1900) 467 97. An Ordinance respecting Assignments for the General Benefit of Credit- ors (c. 11, 1900) 468 98. An Ordinance to secure Compensation to Workmen (c. 13, 1900) 469 99. An Ordinance to Legalize certain Municipal Grants for Patriotic Pur- poses (c. 24, 1900) 470 100. An Ordinance for Expediting the Decision of Constitutional and other Legal Questions (c. 11, 1901) 471 101. An Ordinance respecting the Devolution of Estates (c. 13, 1901) 472 102. An Ordinance respecting Official Auditors (c. 15, 1901) 473 103. An Ordinance respecting Water, Gas, Electric and Telephone Companies (c. 21, 1901) 474 104. An Ordinance respecting the Exemption from Taxation of Beet Sugar Factories (c. 24, 1901) 480 105. An Ordinance respecting Assessment and Taxation in School Districts (c. 31, 1901) 481 106. An Ordinance to regulate Public Aid to Schools (c. 31, 1901) .J24 107. An Ordinance for the Protection of useful Birds (c. 11, 1902) 529 108. An Ordinance respecting Drainage (c. 6, 1903, 1st session) 530 109. An Ordinance respecting the Confirmation of Sales of Land for Taxes (c. 12, 1901) 531 110. An Ordinance respecting Hail Insurance (c. 7, 1903, 1st session) 533 111. An Ordinance respecting the voluntary Winding Up of Joint Stock Companies (c. 13, 1903, 1st session) 534 112. An Ordinance respecting Trust Companies (c. 15, 1903, 1st session). . . . 552 TABLE OF CONTENTS' Vll CHAP. PAGE 113. An Ordinance to Secure Uniform Conditions in Policies of Fire Insurance (c. 16, 1903, 1st session) 556 114. An Ordinance to amend Chapter 30 of the Ordinances of 1901, intituled "An Ordinance respecting Assessment and Taxation in School Districts " (c. 21, 1903, 1st session) 563 N.B. — This chapter was inserted in error. Its provisions will be found consolidated in chapter 105. 115. An Ordinance to Protect Horse Breeders in the North- West Territories (c. 23, 1903, 1st session) 564 116. An Ordinance to Provide for the payment of Succession Duties in Certain Cases (c. 5, 1903, 2nd session) 568 117. An Ordinance respecting the Action for Seduction (c. 8, 1903, 2nd session) 579 118. An Ordinance respecting the Support of Illegitimate Children (c. 9, 1903, 2nd session) 580 119. An Ordinance respecting Trustees and Executors and the Administration of Estates (c. 11, 1903, 2nd session) 581 120. An Ordinance respecting Mutual Fire Insurance (c. 21, 1903, 2nd session) 600 121. 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H CO do 1^ o (M a C CO cc d C CO a c j-i IN c s o n 1:3 d c C 1 > > 1— CD O c p c c C P- ) 1—^ u a c a > c 1 ■ c ; G ;- _^ Ph m ^ 0. c c S — [- b 1 IE o CO c t- c "u "1 cr ■V 1- P- 1 i- C (- o en C C cj •- ? c 0- r^ cr ^ o- -t a I> oc a (M XIU c ■ CO o CO o „ 2 S 2 fi "> -g o S 1^^ -t^ ti X ^ 01 +J c* OJ -n 'f W O "3 CO -tJ C C 0) O ijj gig's B . p3 O O I— « r^ c ^ fe .i«; o ; g: H O O C IIh X' O- S ^ ^ O CC (-, ""^ o 05 o > p C cd 1-1 S5 O CO cc Q Z O O H CO S O ^ C h « > ."K S 3 O OS CC LC CC O (M X 4-5 EDWARD YII. CHAPTER 3. An Act to establish and provide for the Government of the Province of Alberta. (Assented to 20th July, 1905.) ■yyHEREAS in and by The British North America Act, 1871, being chapter 28 of the Acts of the Parliament of the United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish new provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such province, and for the passing of laws for the peace, order and good government of such Province and for its representation in the said Parliament of Canada; And whereas it is expedient to establish as a province the territory hereinafter described, and to make provision for the government thereof and the representation thereof in the ParUament of Canada; Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. This Act may be cited as The Alberta Act. 2. The territories comprised within the following boundaries, that is to say, — commencing at the intersection of the inter- national boundary dividing Canada from the United States of America by the fourth meridian in the system of Dominion lands surveys; thence westerly along the said international boundary to the eastern boundary of the Province of British Columbia; thence northerly along the said eastern boundary of the Province of British Columbia to the north-east corner of the said province; thence easterly along the said parallel of the sixtieth degree of north latitude to the fourth meridian in the system of Dominion lands surveys as the same may be hereafter defined in accordance with the said system; thence southerly along the said fourth meridian to the point of commencement — is hereby established as a province of the Dominion of Canada, to be called and known as the Province of Alberta. 3. The provisions of The British North America Acts, 1867 to 1886, shall apply to the Province of Alberta in the same XVI ALBERTA ACT way and to the like extent as they apply to the provinces here- tofore comprised in the Dominion, as if the said Province of Alberta had been one of the provinces originally united, except in so far as varied by this Act and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces. 4. The said province shall be represented in the Senate of Canada by four members: Provided that such representation may, after the completion of the next decennial census, be from time to time increased to six by the Parliament of Canada. 5. The said province and the Province of Saskatchewan shall, until the termination of the Parliament of Canada existing at the time of the first readjustment hereinafter provided for, continue to be represented in the House of Commons as pro- vided by chapter 60 of the Statutes of 1903, each of the electoral districts defined in that part of the schedule to the said Act which relates to the N,orth-West Territories, whether such district is wholly in one of the said provinces, or partly in one and partly in the other of them, being represented by one member. 6. Upon the completion of the next quinquennial census for the said province, the representation thereof shall forthwith be readjusted by the Parliament of Canada in such a manner that there shall be assigned to the said province such a number of members as will bear the same proportion to the number of its population ascertained at such quinquennial census as the number sixty-five bears to the number of the population of Quebec as ascertained at the then last decennial census; and in the computation of the number of members for the said proA'ince a fractional part not exceeding one-half of the whole number requisite for entitling the province to a member shall be disregarded, and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole number, and such readjustment shall, take effect upon the termination of the Parliament then existing. 2. The representation of the said province shall thereafter be readjusted from time to time according to the provisions of section 51 of The British North America Act, 1867. 7. Until the Parhament of Canada otherwise provides, the qualifications of voters for the election of members of the House of Commons and the proceedings at and in connection with elections of such members shall, mutatis mutandis, be those prescribed by law at the time this Act comes into force with respect to such elections in the North-West Territories. 8. The Executive Council of the said province shall be com- posed of such persons, under srch designations, as the Lieutenant Governor from time to time thinks fit. ALBERTA ACT XVU 9. Unless and until the Lieutenant Governor in Council of the said province otherwise directs, by proclamation under the Great Seal, the seat of government of the said province shall be at Edmonton. 10. All powers, authorities and functions which under any law were before the coming into force of this Act vested in or exercisable by the Lieutenant Governor of the North-West Territories, with the advice, or with the advice and consent, of the Executive Council thereof, or in conjunction with that Council or with any member or members thereof, or by the said Lieutenant Governor individually, shall, so far as they are capable of being exercised after the coming into force of this Act in relation to the government of the said province, be vested in and shall or may be exercised by the Lieutenant Governor of the, said province, with the advice or with the advice and consent of, or in conjunction with, the Executive Council of the said province or any member or members thereof, or by the Lieutenant Governor individually, as the case re- quires, subject nevertheless to be aboUshed or altered by the legislature of the said province. 11. The Lieutenant Governor in Council shall, as soon as may be after this Act comes into force, adopt and provide a Great Seal of the said province, and may, from time to time, change such seal. '■b'- 13. There shall be a Legislature for the said province con- sisting of the Lieutenant Governor and one house, to be styled the Legislative Assembly of Alberta. IS. Until the said Legislature otherwise provides, the Legis- lative Assembly shall be composed of twenty-five members to be elected to represent the electoral divisions defined in the schedule to this Act. 14. Until the said Legislature otherwise determines, all the provisions of the law with regard to the constitution of the Legislative Assembly of the North-West Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the elections of members thereof respectively. 15. The writs for the election of the members of the first Legislative Assembly of the said province shall be issued by the Lieutenant Governor and made returnable within six months after this Act comes into force. 16. All laws and all orders and regulations made there- under, so far as they are not inconsistent with anything con- tained in this Act, or as to which this Act contains no provision intended as a substitute therefor, and all courts of civil and XVlll ALBERTA ACT criminal jurisdiction, and all commissions, powers, authorities and functions, and all officers and functionaries, judicial, administrative and ministerial, existing immediately before the coming into force of this Act in the territory hereby estab- lished as the Province of Alberta, shall continue in the said province as if this Act and The Saskatchewan Act had not been passed; subject nevertheless except with respect to such as are enacted by or existing under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, to be repealed, abolished or altered by the Parhament of Canada, or by the legislature of the said province, according to the authority of the Parliament or of the said Legislature : Provided that all powers, authorities and functions which under any, law, order or regulation were, before the coming into force of this Act, vested in or exercis- able by any public officer or functionary of the North-West Territories shall be vested in and exercisable in and for the said province by like public officers and functionaries of the said province when appointed by competent authority. 2. The Legislature of the province may, for all purposes affecting or extending to the said province, abolish the Supreme Court of the North-West Territories, and the offices both judi- cial and ministerial thereof, and the jurisdiction, powers and authority belonging or incident to the said court: Provided that, if, upon such abolition, the Legislature constitutes a superior court of criminal jurisdiction, the procedure in criminal matters then obtaining in respect of the Supreme Court of the North-West Territories shall, until otherwise provided by competent authority, continue to apply to such superior court, and that the Governor in Council may at any time and from time to time declare all or any part of such procedure to be inapplicable to such superior court. 3. All societies or associations incorporated by or under the authority of the Legislature of the North-West Territories existing at the time of the coming into force of this Act which include within their objects the regulation of the practice of, or the right to practise, anv profession or trade in the North- West Territories, such as the legal or the medical profession, dentistry, pharmaceutical chemistry and the like, shall con- tinue, subject, however, to be dissolved and abolished by order of the Governor in Council, and each of such societies shall have power to arrange for and effect the payment of its debts and liabilities, and the division, disposition or transfer of its property. 4. Every joint stock company lawfully incorporated by or under the authority of any Ordinance of the North-West Terri- tories shall be subject to the legislative authority of the Province of Alberta if — (a) The head office or the registered office of such company is at the time of the coming into force of this Act situate in the Province of Alberta; and ALBERTA ACT XIX (b) The powers and objects of such company are such as might be conferred by the Legislature of the said province and not expressly authorized to be executed in any part of the North-West Territories beyond the limits of the said province. 17. Section 93 of The British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph: " (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to the separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the North-West Territories, passed in the year 19W., or with respect to religious instruction in any pubUc or separate school as provided for in the said Ordinances." 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29, or any Act passed in amendment thereof or in substitution therefor, there shall be no discrimi- nation against schools of any class described in the said chapter 29. 3. Where the expression "bylaw" is employed in paragraph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30 ; and where the expression "at the union" is employed, in the said paragraph (3), it shall be held to mean the date at which this Act comes into force. 18. The following amounts shall be allowed as an annual subsidy to the Province of Alberta, and shall be paid by the Government of Canada, by half-yearly instalments in advance, to the said province, that is to say: (a) For the support of the Government and Legislature, fifty thousand dollars; (b) On an estimated population of two hundred and fifty thousand, at eighty cents per head, two hundred thousand dollars, subject to be increased as hereinafter mentioned, that is to say: A census of the said province shall be taken in every fifth year reckoning from the general census of one thousand nine hundred and one, and an approximate estimate of the population shall be made at equal intervals of time between each quinquennial and decennial census; and whenever the population by any such census or estimate, exceeds two hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said allowance shall be increased accordingly, and so on until the population has reached eight hundred thousand souls. 19. Inasmuch as the said province is not in debt, it shall be entitled to be paid and to receive from the Government of XX ALBERTA ACT Canada, by half-yearly payments in advance, an annual sum of four hundred and five thousand three hundred and seventy- five dollars, being the equivalent of interest at the rate of five per cent, per annum on the sum of eight million one hundred and seven thousand five hundred dollars. 20. Inasmuch as the said province will not have the public land as the source of revenue, there shall be paid by Canada to the province by half-yearly payments, in advance, an annual sum based upon the population of the province as from time to time ascertained by the quinquennial census thereof, as follows : The population of the said province being assumed to be at present two hundred and fifty thousand, the sum payable until such population reaches four hundred thousand, shall be three hundred and seventy thousand dollars; Thereafter, until such population reaches eight hundred thousand, the sum payable shall be five hundred and sixty- two thousand five hundred dollars; Thereafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. As an additional allowance in lieu of pubhc lands, there shall be paid by Canada to the province annually by half- yearly payments in advance, for five years from the time this Act comes into force, to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven hundred and fifty dollars. 31. All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the province under The North-West Irrigation Act^ 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North-West Territories. 33. All properties and assets of the North-West Territories shall be divided equally between the said province and the Province of Saskatchewan, and the two provinces shall be jointly and equally responsible for all debts and liabilities of the North- West Territories: Provided that, if any difference arises as to the division and adjustment of such properties, assets, debts and habilities, such difference shall be referred to the arbitrament of three arbitrators, one of whom shall be chosen by the Lieutenant Governor in Council of each prov- ALBERTA ACT XXI ince and the third by the Governor in Council. The selection of such arbitrators shall not be made until the legislatures of the provinces have met, and the arbitrator chosen by Canada shall not be resident of either province. 33. Nothing in this Act shall in any way prejucUce or affect the rights or properties of the Hudson's Bay Company as con- tained in the conditions under which that company surrendered Rupert's Land to the Crown. 34. The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the con- tract set forth in the schedule to chapter 1 of the Statutes of 1881, being an Act respecting the Canadian Pacific Railway Company. 25. This Act shall come into force on the first day of Sep- tember, one thousand nine hundred and five. SCHEDULE. {Section 13.) The Province of Alberta shall be divided into twenty-five electoral divisions which shall respectively comprise and consist of the parts and portions of the province hereinafter described. In the following descriptions where "meridians between ranges" and "boundaries of townships" or "boundaries of sections" are referred to as the boundaries of electoral divisions, these expressions mean the meridians, boundaries of townships or boundaries of sections, as the case may be, in accordance with the Dominion lands system of surveys, and include the extension thereof in accordance with the said system. Names and Descriptions of Divisions. (1) The electoral division of Medicine Hat, bounded as follows : Commencing at the intersection of the eastern boundary of the said Province of Alberta by the north boundary of the 38th township; thence westerly along the north boundary of the 38th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the meridian between the 10th and 11th ranges to the southern boundary of the said Province of Alberta; thence easterly along the said southern boundary of the Province of Alberta to the south-east corner thereof; thence northerly along the eastern boundary of the said Province of Alberta to the point of commencement. XXll ALBERTA ACT (2) The electoral division of Cardston, bounded as follows: Commencing at the southern boundary of the said Province of Alberta where it is intersected by the meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 5th township; thence westerly along the north boundary of the 5th township to the St. Mary River; thence along the St. Mary River up stream to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary of the Blood Indian Reserve to the meridian between the 27th and 28th ranges west of the 4th meridian; thence southerly along the said meri- dian between the 27th and 28th ranges to the north boundary of the 2nd township ; thence westerly along the north boundary of the 2nd townships to the meridian between the 29th and 30th ranges west of the 4th meridian; thence southerly along the said meridian between the 29th and 30th ranges to the southern shore of the Waterton Lakes; thence in a westerly and southerly direction and following the southerly and eastern shores of the said Waterton Lakes to the southern boundary of the said Province of Alberta; thence easterly along the said southern boundary of the Province of Alberta to the point of commencement. (3) The electoral division of Lethbridge, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 5th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 14th township; thence westerl}' along the north boundary of the 14th townships to the Bow River; thence along the Bow River up stream to the north boundary of the 19th township; thence westerly along the north boundary of the 19th townships to the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence southerly along the said meridian between the 22nd and 23rd ranges to the Belly River; thence along the Belly River down stream to the St. Mary River; thence along the St. Mary River up stream to the north boundary of the 5th township; thence easterly along the north boundary of the 5th townships to the point of commencement. (4) The electoral division of Macleod, bounded as follows: Commencing at the south boundary of the Blood Indian Reserve where it is intersected by the St. Mary River; thence along the said St. Mary River down stream to the Belly River; thence along the said Belly River up stream to its most northerly intersection with the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 14th township; thence westerly along the ALBERTA ACT XXUl north boundary of the 14th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 11th township; thence easterly along the said north boundary of the 11th township to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 10th township; thence easterly along the said north boundary of the 10th township to the meridian between the 29th and 30th ranges, west of the 4th meridian; thence southerly along the said meridian between the 29th and 30th ranges to the north boundary of the 8th town- ship; thence easterly along the said north boundary of the 8th township to the west boundary of the Peigan Indian Reserve; thence southerly along the west boundary of the Peigan Indian Reserve to the south-west corner of the said Peigan Indian Reserve; thence easterly along the south boundary of the said Peigan Indian Reserve to the south-east corner of the said reserve; thence in a straight line south-easterly to the north-east corner of section 14 in the 6th township in the 27th range, west of the 4th meridian; thence along the north boundary of section 13 in the said 6th township and in the 27th range to the meridian between the 26th and 27th ranges, west of the 4th meridian; thence southerly along the said meridian between the 26th and 27th ranges to the Belly River; thence along the Belly River up stream to the south boundary of the said Blood Indian Reserve; thence easterly along the said south boundary of the Blood Indian Reserve to the point of commencement. (5) The electoral division of Pincher Creek, bounded as follows : Commencing at the southern boundary of the said Province of Alberta, where it is intersected by the eastern shore of the Waterton Lakes, thence northerly and easterly and along the said eastern shores and the southern shores of the Waterton Lakes to the meridian between the 29th and 30th ranges, west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boundary of the 2nd township; thence easterly along the said north boundary of the 2nd townships to the meridian between the 27th and 28th ranges west of the 4th meridian; thence northerly along the said meridian between the 27th and 28th ranges to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary of the Blood Indian Reserve to the Belly River; thence along the said Belly River down stream to the meridian between the 26th and 27th ranges west of the 4th meridian; thence northerly along the said meridian between the 26th and 27th ranges to the north-esst corner of section 13 in the 6th township in the said 27th range; thence westerly along the north boundary of the said section 13 to the north-east corner of section 14 in the said 6th town- ship in the 27th range; thence in a straight line north-westerly to the south-east corner of the Peigan Indian Reserve; thence XXIV ALBERTA ACT westerly along the south boundary of the said Peigan Indian Reserve to the south-west corner of the said Indian Reserve; thence northerly along the west boundary of the said Indian Reserve to the north boundary of the 8th township; thence westerly along the said north boundary of the 8th townships to the meridian between the 29th and 30th ranges, west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boundary of the 10th township; thence westerly along the said north boundary of the 10th township to the 5th meridian; thence northerly along the said 5th meridian to the north boundary of the 11th township; thence westerly^ along the said north boundary of the 11th townships to the western boundary of the said Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the southern boundary of the said Province of Alberta; thence easterly along the said southern boundary of the Province of Alberta to the point of commencement. (6) The electoral division of Gleichen, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the northern boundary of the 14th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 28th township; thence westerly along the said north boundary of the 28th townships to the meridian between the 2nd and 3rd ranges, west of the 5th meridian; thence southerly along the said meridian between the 2nd and 3rd ranges, to the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd townships to Bow River; thence along the said Bow River down stream to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. Excepting and reserving out of the said electoral division the City of Calgary, as incorporated by Ordinances of the North-West Territories. (7) The electoral division of Calgary City, comprising the City of Calgary as incorporated by Ordinance of the North- West Territories. (8) The electoral division of Rosebud, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 28th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of.' the 33rd township ; thence westerly along the said north boundary: of the 33rd townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 28th township ; thence ALBERTA ACT XXV easterly along the said north boundary of the 28th townships to the point of commencement. (9) The electoral division of High River, bounded as follows : Commencing at the meridian between the 22nd and 23rd ranges, west of the 4th meridian, where it is intersected by the north boundary of the 14th township; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 19th township; thence easterly along the said north boundary of the 19th townships to the Bow River; thence along the said Bow River up stream to the north boundary of the 22nd township; thence westerly along the said north boundary of the 22nd townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. (10) The electoral division of Banff, bounded as follows; Commencing at the meridian between the 2nd and 3rd ranges, west of the 5th meridian, where it is intersected by the north boundary of the 22nd township; thence northerly along the said meridian between the 2nd and 3rd ranges to the north boundary of the 28th township; thence westerly along the said north boundary of the 28th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd townships to the point of commencement. (11) The electoral division of Innisfail, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundaiy of the 33rd township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of section twenty-four in the 36th town- ship; thence westerly along the section line which bounds on the north the section comprising the most southerly two-thirds of the 36th townships to the Red Deer River, in the 28th range, west of the 4th meridian; thence along the said Red Deer River down stream to the north boundary of section twenty-two, in the 37th township; thence westerly along the section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 33rd township; thence easterly along the north boundary of the 33rd townships ^o the point of commencement. XXVI ALBERTA ACT (12) The electoral division of Red Deer, bounded as follows. Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of section 24, in the 36th township; thence northerly along the said meridian between the 10th and 11th ranges to the said north boundary of the 38th township; thence westerly along the said north boundary of the 38th townships to where the said north boundary of the 38th townships is intersected by the Red Deer River in the 26th range, west of the 4th meridian; thence along the said Red Deer River up stream to the Blindman River; thence along the said BHndman River up stream to the north boundary of the 39th township; thence westerly along the said north boundary of the 39th townships to the North Saskatchewan River; thence along the North Saskatchewan River up stream to the section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships; thence easterly along the said section line which bounds on the north the sections com- prising the most southerly two-thirds of the 37th townships to the Red Deer River; thence along the Red Deer River up stream to the north boundary of section twenty, in the 36th township; thence easterly along the section line which bounds on the north the sections comprising the most southerly two- thirds of the said 36th townships to the point of commence- ment. (13) The electoral division of Vermihon, bounded as follows : Commencing at the eastern boundary of the Province of Alberta where it is intersected by the north boundary of the 38th township ; thence northerly along the said eastern boundary of the Province of Alberta to the North Saskatchewan River; thence along the North Saskatchewan River up stream to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 54th township; thence westerly along the said north boundary of the 54th townships to the meridian between the 19th and 20th ranges, west of the 4th meridian; thence southerly along the said meridian between the 19th and 20th ranges to the north boundary of section twenty-four, in the 47th township; thence easterly along the section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 38th township; thence easterly along the said north boundary of the 38th townships to the point of commencement. (14) The electoral division of Lacombe, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the ALBERTA ACT XXVU north boundary of the 38th township; thence northerly alonp; the said meridian between the 10th and 11th ranges to the north boundary of the 41st township; thence westerly along the said north boundary of the 41st townships to the North Saskatchewan River; thence along the said North Saskatche- wan River up stream to the north boundary of the 39th town- ship; thence easterly along the said north boundary of the 39th townships to the BHndman River; thence along" the said Bhndman River down stream to the Red Deer River; thence along the said Red Deer River down stream to the north boundary of the 38th township; thence easterly along the said north boundary of the 38th townships to the point of commencement. (15) The electoral division of Ponoka, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 41st township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 44th township ; thence westerly along the north boundary of the 44th townships to the North Sas- katchewan River; thence along the said North Saskatchewan River up stream to the north boundary of the 41st township; thence easterly along the said north boundary of the 41st townships to the point of commencement. (16) The electoral division of Wetaskiwin, bounded as follows : Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 44th township; thence northerly along the said meridian between the 10th and 11th ranges to the section hne which bounds on the north the sections comprising the most southerly two-thirds of the 47th township ; thence westerly along the said section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the North Saskatchewan River; thence along the said North Saskatchewan River up stream to the north boundary of the 44th township; thence easterly along the said north boundary of the 44th townships to the point of commencement. (17) The electoral division of Leduc, bounded as follows: Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where it is intersected by the section hne which bounds on the north the sections com-, prising the most southerly two-thirds of the 47th townships; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 50th township; thence westerly along the said north boundary of the 50th townships to where the said north boundary of the 50th town- ships first intersects the North Saskatchewan River; thence along the North Saskatchewan River up stream to the section XXVUl ALBERTA ACT line which bounds on the north the sections comprising the most southerly two- thirds of the 47th township; thence easterly along the said section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the point of commencement. (18) The electoral division of Strathcona, bounded as follows : Commencing at the meridian between the 19th and 20th ,'anges, west of the 4th meridian, where it is intersected by the north boundary of the 50th township; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 53rd township; thence westerly along the said north boundary of the 53rd townships to the North Saskatchewan River; thence along the said North Saskatchewan River up stream to the north boundary of the 50th township; thence easterly along the said north boundary of the 50th townships to the point of commencement. (19) The electoral division of Stoney Plain, bounded as follows : Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it is intersected by the north boundarj^ of the 53rd township; thence westerh'- along the said north boundary of the 53rd township to the rear line of lots fronting on the east side of the Sturgeon River in the Saint Albert Settlement; thence in a southerly and westerly direction and along the said rear hne to Big Lake; thence in a westerly direction and along the southerly, westerljr and northerly shores of Big Lake to the south-west corner of lot D in the Saint Albert Settlement; thence westerly and along the southerly limit of lots E, F, G, H and I in the said Saint Albert Settlement to the south-east corner of the Indian Reserve Chief Michel Calahoo; thence westerly along the south boundary of the said Indian Reserve to the south-west corner thereof; thence northerly along the west boundary of the said Indian Reserve to the north boundary of the 54th township; thence westerly along the said north boundary of the 54th town- ships to the 5th meridian; thence northerly along the said 5th meridian to the south boundary of the Indian Reserve Chief Alexander; thence westerly along the south boundary of the Indian Reserve Chief Alexander to the south-west corner of the said Reserve; thence northerly along the west boundary of the said Reserve Chief Alexander to the north boundary of the 55th township; thence westerly along the north boundary of the 55th townshii;s to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the section line which forms the north boundary of the sections comprising the most southerly two-thirds of the 37th township; thence easterly along the said section line which forms the north boundary of the sections comprising the most southerly two- ALBERTA ACT XXIX thirds of the 37th townships to the North Saskatchewan River; thence along the said North Saskatchewan River down stream to its most northerly intersection with the meridian between the 24th and 25th ranges west of the 4th meridian; thence northerly along the said meridian between the 24th and 25th ranges to the point of commencement. (20) The electoral division of Edmonton City, comprising the City of Edmonton as incorporated by Ordinance of the North-West Territories. (21) The electoral division of Victoria, bounded as follows: Commencing at the 4th meridian where it is intersected by the North Saskatchewan River; thence northerly along the said 4th meridian to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the meridian between the 10th and 11th ranges west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boun- dary of the 58th township; thence westerly along the said north boundary of the 58th townships to the North Saskatche- wan River; thence along the said North Saskatchewan River up stream to the north boundary of the 53rd township; thence easterly along the said north boundary of the 53rd township to the meridian between the 19th and 20th ranges, west of the 4th meridian; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 54th township ; thence easterly along the said north boundary of the 54th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said meridian between the 10th and 11th ranges to the North Saskatchewan River; thence along the said North Saskatchewan River down stream to the point of commence- ment. (22) The electoral division of Sturgeon, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 58th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the meridian between the 24th and 25th ranges, west of the 4th meridian; thence southerly along the said meridian between the 24th and 25th ranges to the North Saskatchewan River; thence along the said North Saskatchewan River down stream to the north boundary of the 58th township; thence easterly along the said north boundary of the 58th townships to the point of commencement. Excepting and reserving out of the said electoral division the City of Edmonton as incorporated by Ordinance of the North-West Territories. XXX ALBERTA ACT (23) The electoral division of Saint Albert, bounded as follows : Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 53rd township; thence northerly along the said meridian between the 24th and 25th ranges west of the 4th meridian to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the western boundaiy of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 55th township; thence easterly along the said north boundary of the 55th township to the Indian Reserve Chief Alexander; thence southerly along the western boundary of the said Indian Reserve Chief Alexander to the south-west corner of the said reserve; thence easterly along the south boundary of the said Indian Reserve Chief Alexander to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 54th township ; thence easterly along the said north boundary of the 54th township to the west boundary of the Indian Reserve Chief Michel Calahoo; thence southerly along the west boundary of the said Indian Reserve Chief Michel Calahoo to the south-west corner thereof; thence easterly along the south boundary of the said Indian Reserve Chief Michel Calahoo to the south-east corner thereof; thence in an easterly direction and along the southern limit of lots I, H, G, F and E in the Saint Albert Settlement to the south- west corner of lot D in the said Settlement; thence along the westerly and southerly shores of Big Lake in a westerly, southerly and easterly direction to the rear line of lot 55 in the said Saint Albert Settlement; thence in an easterly direction and along the rear line of lots fronting on the east side of the Sturgeon River in the said Saint Albert Settlement to the north boundary of the 53rd township; thence easterly along the north boundary of the 53rd township to the point of commencement. (24) The electoral division of Peace River, bounded as follows : Commencing at the meridian between the 19th and 20th ranges, west of the 5th meridian, where it is intersected by the north boundary of the 70th township; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 80th township; thence easterly along the said north boundary of the 80th townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence northerly along the said meridian between the 13th and 14th ranges to the north boundary of the 92nd township; thence easterly along the said north boundary of the 92nd townships to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence northerly along the said meridian between the 20th and 21st ranges to the northern boundary of the Province of Alberta; thence westerly ALBERTA ACT XXXI along the said northern boundary of the Province of Alberta to the north-west corner of the said province; thence in a southerly direction and along the western boundary of the said Province of Alberta to the north boundary of the 70th township; thence easterly along' the said north boundary of the 70th townships to the point of commencement. (25) The electoral division of Athabasca, bounded as follows : Commencing at the eastern boundary of the province of Alberta where it is intersected by the north boundary of the 70th township; thence northerly along the said eastern boundary of the Province of Alberta to the northern boundary of the said province ; thence westerly along the said northern boundary of the Province of Alberta to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence southerly along the said meridian between the 20th and 21st ranges to the north boundary of the 92nd township; thence westerly along the said north boundary of the 92nd townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence southerly along the said meridian between the 13th and 14th ranges, west of the 5th meridian to the north boundary of the 80th township; thence westerly along the said north boundary of the 80th townships to the meridian between the 19th and 20th ranges, west of the 5th meridian; thence southerly along the said meridian between the 19th and 20th ranges to the north boundary of the 70th township; thence easterly along the said north boundary of the 70th townships to the point of commencement. CONSOLIDATED ORDINANCES OP THE NOETH-WEST TEREITORIES OF 1898 AMENDMENTS AND SUBSTITUTIONS Chapters numbered as in the Office Consolidation, 1905 Amendments are inserted in brackets, thus : [ ] TITLE I. PRELIMINARY. CHAPTER 1. An Ordinance respecting the Form and Interpretation of Ordinances. (CO, c. 1) Chapter 3, 1906, substituted; amended c. 5, s. 1, 1907; c. 2(' s. 9, 1908; c. 2, s. 11, 1910 (2nd Session). TITLE II. LEGISLATURE: EXECUTIVE AND GENERAL GOVERNMENT. CHAPTER 2. An Ordinance respecting the Legislative Assembly of the Territories. (CO., c. 2) Chapter 2, 1909, substituted. CHAPTER 3. An Ordinance respecting Elections. (CO., c. 3) Chapter 3, 1909, substituted; amended c. 3, s. 22, 1910 (2nd Session). CHAPTER 4. An Ordinance respecting Controverted Elections. (CO., c. 4) Chapter 2, 1907, substituted; amended c. 4, s. 12, V.W.). CHAPTER 5. An Ordinance respecting the Public Service of the Territories. (CO., c. 5) Chapter 4, 1906, substituted; amended c. 5, s. 3, 1907. CHAPTER 6. An Ordinance respecting the Department of the Attorney General. (CO, c. 6) Chapter 6, 1906, substituted. CHAPTER 7. An Ordinance respecting the Department of the Territorial Secretary. (CO, c. 7) Chapter 7, 1906, substituted. CHAPTER 8. An Ordinance respecting the Department of Agriculture (CO., c. 8) Chapter 8, 1906, substituted. CHAPTER ± An Ordinance respecting Public Works. (CO., c. 9) Chapter 10, 1906, substituted f amended c. 5, s. 4, 1907; c. 4, s. 7, 1909. CHAPTER 10. An Ordinance respecting the Treasury Department and the Auditing of Public Accounts. (CO., c. 10) Chapter 5, 1906, substituted. 10 CHAPTER 11. An Ordinance respecting Public Printing. (CO., c. 1]) Chapter 9, 1906, substituted. 11 CHAPTER 12. An Ordinance respecting Inquiries concerning Public Matters. (CO., c. 12) Chapter 2, 1908, substituted. 12 CHAPTER 13. An Ordinance respecting Security to be given by Public Officers, (CO., c. 13) Chapter 10, 1908, substituted. 13 CHAPTER 14. An Ordinance respecting the Registration of Births, Marriages and Deaths. (CO., c. 14) Chapter 13, 1907, substituted; amended c. 20, s. 28, 1908. 14 CHAPTER 15. An Ordinance respecting the Expropriation of Lands. {Repealed, 1901, c. 4, s. 78.) 15 CHAPTER 16. An Ordinance to make Regulations with respect to Coal Mines. (CO., c. 16) Chapter 25, 1906, substituted; amended c. 20, s. 16, 1908; c. 2, s. 13, 1910 (2nd Session). 16 CHAPTER 17. An Ordinance respecting Steam Boilers. (1901, c. 7) Chapter 23, 1906, substituted; amended c. 5, s. 18, 1907; c. 20, s. 14, 1908; c. 5, s. 8, 1909. CHAPTER 18. An Ordinance respecting Ferries. {Repealed, 1901, c. 4, s. 7S.) 18 CHAPTER 19. An Ordinance respecting Public Health. (1902, c. 4) Chapter 17, 1910 (2nd Session), substituto( 19 CHAPTER 20. An Ordinance to regulate Public Aid to Hospitals. 'T'HE Lieutenant Governor, bj' and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. Short title 1. This Ordinance may be cited as " The Hospitals Ordi- nance." 1901, c. 8, s. 1. INTERPRETATION. Interpretation 2. In this Ordinance unless the context otherwise requires — Commissioner 1. The exprcsslon " commissiouer " means the Commissioner of Agriculture ; Department 2. The expression "department" means the Department of Agriculture ; Patient 3_ The cxprcsslon "patient" means every person admitted to a hospital for actual treatment and stay upon the order of a duly qualified medical practitioner. 1901, c. 8, s. 2. Aid to hospitals 3. [To each hospital in the province filing with the department the returns mentioned in section 6 of this Ordinance, there may be paid out of any moneys appropriated in that behalf by the Legislative Assembly the sum of thirty-five cents per day for each day's actual treatment and stay of every patient in such hospital.] 1910, c. 2, s. 2. 4. [Repealed.] 1907, c. 5, s. 12, s.s. (2). Lieutenant 5. The Lieutenant Governor in Council may prescribe councfi°mLy rcguktions respecting the management, maintenance and reluMons accommodatiou of all hospitals receiving public aid under this Ordinance. 1901, c. 8, s. 5. RETURNS. When and how returns to be made 6. [Any hospital receiving aid from the province shall for- ward to the department by registered mail within thirty days after the thirtieth day of Juno and thirty-first day of December of each year a return showing the number of days' actual treat- ment and stay of every patient in such hospital for the pre- ceding six months, and] the commissioner may from time to time fix and direct the particulars to be contained in and the form, manner and time of making returns; and shall fix and 20 Cap. 20 HOSPITALS direct the form and manner of oath, affirmation or declaration required for the verification of any such return and the person or persons by whom such oath shall be made. 1901, c. 8, s. 6; 1907, c. 5, s. 12. INSPECTION OF HOSPITALS. 7. The commissioner may appoint one or more inspectors to inspection of inspect and report upon every such hospital; and for such purpose such inspector or inspectors shall make all proper inquiries as to the maintenance, management and affairs thereof, and by examination of the registers and by such other means as may be deemed necessary satisfy himself or them- selves as to the correctness of any returns made under this Ordinance. (2) If any inspector should report that any patient was not a fit subject for hospital treatment for all or part of the time during which he was kept in the hospital the commissioner may refuse to make any payment in respect of such patient for the time during which he is so reported as not being a fit subject for hospital treatment. 1901, c. 8, s. 7. FALSE RETURNS. 8. Any person who knowingly and wilfully makes or is a Penalty tor party to or procures to be made directly or indirectly any ™j„J:°^ ^^'^^ false return under this Ordinance shall thereby incur a pen- alty of $100, which penalty may be recovered with costs by civil action or proceeding at the suit of the Attorney General in any form allowed by law in the Supreme Court of the Terri- tories. 1901, c. 8, s. 8. 9. The Hospitals Ordinance being chapter 20 of The Con-jj^^p^^j solidated Ordinances 1898 is hereby repealed. 1901, c. 8, s. 9. 10. This Ordinance shall come into force on the first day commence- of July, A.D. 1901. 1901, c. 8, s. 10. '""'"' 21 TITLE III. RELATING TO THE ADMINISTRATION OF JUSTICE CHAPTER 21. An Ordinance respecting the Administration of Civil Justice. (CO, c. 21.) The Judicature Ordinance and Rules of Court are undergoing revision. 22 CHAPTER 22. An Ordinance respecting Clerks and Deputy Clerks. (CO., c. 22.) Chapter 18, 1906, substituted; amended c. 5, s. 6, 1907; c. 4, s. 9, 1909. 23 CHAPTER 23. An Ordinance respecting Sheriffs and Deputy Sheriffs. (CO., c. 23.) Chapter 11, 1909, substituted. 24 CHAPTER 24. An Ordinance respecting Commissioners to Administer Oaths. (CO., c. 24.) Chapter 14, 1906, substituted. 25 CHAPTER 25. An Ordinance respecting Notaries Public. (CO., c. 25.) Chapter 16, 1906, substituted. 26 CHAPTER 26. An Ordinance to abolish Priority among Execution Creditors (CO., c. 26.) Chapter 4, 1910 (2nd Session), substituted. 27 CHAPTER 27. An Ordinance exempting certain Property from Seizure and Sale under Execution. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. Short title 1. This Ordinance may be cited as "The Exemptions Ordinance." CO., c. 27, s. 1. EXEMPTIONS. Exemptions 2. The foUowing real and personal property of an execu- from seizure ^^^^ dcbtor and his family is hereby declared free from seizure by virtue of all writs of execution, namely: 1. The necessary and ordinary clothing of himself and his family; 2. Furniture, household furnishings, dairy utensils, swine and poultry to the extent of five hundred dollars; 3. The necessary food for the family of the execution debtor during six months which may include grain and flour or vege- tables and meat either prepared for use or on foot; 4. Three oxen, horses or mules or any three of them, six cows, six sheep, three pigs and fifty domestic fowls besides the animals the execution debtor may have chosen to keep for food purposes and food for the same for the months of November, December, January, February, March and April, or for such of these months or portions thereof as may follow the date of seizure provided such seizure be made between the first day of August and the thirtieth day of April next ensuing; 5. The harness necessary for three animals, one waggon or two carts, one mower or cradle and scythe, one breaking plough, one cross plough, one set of harrows, one horse rake, one sewing machine, one reaper or binder, one set of sleighs and one seed drill; 6. The books of a professional man; 7. The tools and necessary implements to the extent of two hundred dollars used by the execution debtor in the practice of his trade or profession; 8. Seed grain sufficient to seed all his land under cultiva- tion not exceeding eighty acres, at the rate of two bushels per acre, defendant to have choice of seed, and fourteen bushels of potatoes; 28 EXEMPTIONS Cap. 27 9. The homestead, provided the same be not more than one hundred and sixty acres; in case it be more the surplus may be sold subject to any Hen or encumbrance thereon; 10. The house and buildings occupied by the execution debtors and also the lot or lots on which the same are situate according to the registered plan of the same to the extent of fifteen hundred dollars. CO., c. ~~ /,s. 'J. GENERAL. 3. The execution tlcbtor shall be entitled to a choice from Debtor's choice the greater quantity of the same kind of articles which are hereby exempted from seizure. CO., c. 27, s. 3. 4. Nothing in this Ordinance shall exempt from seizure anyA^^'^^ article except for the food, clothing and bedding of the execu- consideration tion debtor and his family, the price of which forms the sub- ject matter of the judgment upon which the execution is issued. CO., c. 27, s. 4. 5. In case of the death of the execution debtor, his property ^^^j*^ °| exempt from seizure under execution shall be exempt from deceased seizure under execution against his personal representative if the said property is in the use and enjoyment of the widow and children or widow or children of the deceased and is neces- sary for the maintenance and support of the said widow and children or any of them. CO., c. 27, s. 5. 6. The provisions of section 2 hereof shall not apply to any Absconding case where the debtor has absconded or is about to abscond from the Territories leaving no wife or family behind [nor to an execution issued upon a judgment or order for the payment no exemption of alimony]. CO., c. 27, s. 6; 19U1, c. 16, s. 1. lu^'o'ny"' 29 CHAPTER 28. An Ordinance respecting Juries. T^HE Lieutenant Governor, by and with the advice and ■*■ consent of the Legislative Assembly of the Territories, enacts as follows : quIS as 1- Subject to the exemptions hereinafter mentioned all male jurors British subjects over twenty-one and under sixty years of age shall be qualified to serve as jurors in cases tried by jury in the judicial district in which they reside. CO., c. 28, s. 1. Persons exempt 2. The following persons are exempt from serving as jurors: (a) Ministers of religion; (b) Members of the Legislative Assembly and officers thereof; (c) Members of the North-West Mounted Police; (d) Practising advocates; (e) Medical practitioners; (/) All salaried officials of the Dominion and North-West Governments ; (g) Licensed ferrymen and school teachers while so employed ; (h) All persons employed in the running of railway trains; (i) Telegraph operators while so employed; (j) Postmasters. CO., c. 28, s. 2. Service once in two years 3. No person shall be called upon to serve as a juror more than once in two years unless there shall not be a sufficient number of qualified persons to serve as jurors residing within the requisite distance of the place of trial as hereinafter mentioned. CO., c. 28, s. 3. Sheriff to furnish list of persons (lualified 4. The sheriff of each judicial district whenever required so to do by a judge of the Supreme Court shall fui'nish the clerk of the said court in such judicial district with a revised list containing in appropriate columns the names, residences and occupations of all persons within the said district qualified to serve as jurors. CO., c. 28, s. 4. When trial by 5. Whenever an order has been made for the trial by jury STo "^^^ of issues of fact in any civil cause the clerk shall make out produce list ^j.q^ ^}jg jj^g^ rcvised list of persons qualified to serve as jurors in his district a special list containing the names, residences and occupations of all such persons whose residences do not 30 JURIES Cap. 28 2 exceed twenty miles from the place fixed by the order for holding such trial and shall produce the same before the judge in chambers at such time as he may appoint: Provided always that whenever the number of quahfiedj^^'^^fffieS^^'' pcisoMs to si?r\e as jurors within the distance aforesaid is less ?'"* "^"-y than^ twenty-four the names of any other qualified persons residing outside of such distance and nearest to the place of trial shall be added to the special list so as to bring the number up to twenty-four; but if the number of names on such list exceeds twenty-four the clerk in the presence of the judge shall draw from the said list by ballot twenty-four names and the said list so increased or reduced to twenty-four names shall be a special Ust from which the panel to form the jury in the case is to be struck as hereinafter provided. CO., c. 28,, s. 5. 6. The judge shall thereupon appoint a day and an hour noS to''^''^' at his chambers for striking the panel, one day's notice whereof p''''''^' shall be given by the clerk to the parties interested. CO., c. 28, s. 6. 7. Each party to the suit attending the striking of the panel ^fi'j*„°gg shall be entitled to four peremptory challenges by striking alternately, if both parties are present, from the special list the name of one of the persons therein designated to the requisite number of four each the clerk marking each name as the same is struck out and the clerk shall then strike off from the top and foot of said list alternately all unchallenged names except twelve which shall constitute the panel to be summoned. CO., c. 28, s. 7. 8. Whenever a jury is required for the trial of any person ^^Snaf '° charged with a criminal offence the clerk on receiving notice ""''"^''^ from the judge of the fact shall prepare a special list and pro- duce it before the judge in chambers as required in civil matters. CO., c. 28, s. 8. 9. On the production of such special list the clerk in the^™^' presence of the judge shall strike off from such special list by ballot the names singly until the number be reduced to eighteen which number shall form the jury panel for the trial. CO., c. 28, s. 9. 10. As soon as the panel is formed in the manner herein- Jgug^P' *° before prescribed the clerk shall issue out of court and deliver to the party applying for it in civil cases but to the sheriff in criminal cases a precept in form A in the schedule to this Ordi- nance directed to and commanding the sheriff to summon the persons whose names comprise the panel. CO., c. 28, s. 10. 31 Cap. 28 JURIES urnmomng oi" jury 11. Upon receipt of the precept the sheriff shall execute the same by summoning the persons named therein by delivering to each person or leaving with a grown up member of his house- hold, a reasonable time before the date of the trial, a written or printed summons in form B in the schedule to this Ordinance. CO., c. 28, s. 11. Omission to obey summons Penalty precept °^ 13- The sheriff on or before the opening of the court at the time set for the trial shall deliver to the court the precept with a return showing his action thereon. CO., c. 28, s. 12. 13. Every person summoned to serve as a juror who fails to obey the summons served on him or to answer to his name when called by the clerk shall be liable to a fine not exceeding $50 which may be immediately imposed by the court: Provided that the court may for good cause shown reduce or entirely remit such penalty. CO., c. 28, s. 13. of°penait^^°' 14. All fincs for nonattendance of jurors shall if not paid forthwith be levied together with the sheriff's costs and expenses as authorized for the execution of civil process by warrant of distress issued by the clerk sealed with the seal of the court directed to the sheriff and sale of goods of the party fined as provided for executing writs of execution and in default of sufficient goods and chattels such person may be imprisoned for a term not exceeding thirty days. CO., c. 28, s. 14. pe™n\°^ 15. The name of every person included in the precept to the se^rate^'iaris s'^^^'ff ^^^ summoned by him as hereinbefore provided with his residence and occupation shall by the sheriff be written distinctly upon a piece of card or paper three inches in length by one and one-half inches in width and the pieces of card or paper so written upon shall be placed in a glass or box to be by him returned to the clerk of the court with the return of the precept. CO., c. 28, s. 15. Selection of jury When special ury required 16. When the case in which the precept has issued is brought on to be tried the clerk shall in open court cause the cards or papers to be mixed up in the said glass or box and then draw out so many of the said cards or papers one after another until six jurors are drawn who after all just causes for challenging allowed appear as fair and indifferent and who shall be the jury to try the issues set for trial by jurv in the case. CO., c. 28, s. 16. 17. When upon the application of either party to a civil cause the judge orders the matters in issue to be tried by a special jury the clerk under the direction of the judge shall select from the last revised list of jurors of the district the names of twenty-four persons who from their station and intelligence are considered by the judge qualified to try the issues 32 JURIES Cap. 28 4 and the panel shall be struck from such list and jurors sum- moned as hereinbefore provided in the case of a common jury. CO., c. 28, s. 17. 18. The party who shall apply for a special jury shall not^°|^'f^;['f.^,.y only pay the fees for striking such jury but shall also pay all expenses occasioned by the trial of the cause by such special jury and shall not have any other allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury unless otherwise ordered by the judge. CO., c. 28, s. 18. 19. There shall be payable to the sheriff upon the certificate sheriff's of a judge out of the general revenue fund of the Territories '^^'^""'" the sum of five cents for every name added to the list of jurors in his district. CO., c. 28, s. 19. 20. This Ordinance shall come into force and take effect commence- immediately from and after the repeal of sections 71 and 88 ordinance of The North-West Territories Act. CO., c. 28, s. 20. SCHEDULE. FORM A. Precept. In the Supreme Court of the North-West Territories, Judicial District of VICTORIA by the Grace of God of the United Kingdom_ of Great Britain and Ireland, Queen, Defender of the Faith, etc., etc. To the sheriff of the Judicial District of You are commanded that you cause to come before this court on the day of A.D. 1 . . , at ten o'clock in the forenoon at in the in the said Territories for the trial of the good and lawful men of the said Territories whose names and places of abode are given in the schedule hereto annexed. Given under my hand and the seal of the said court at ... in the said Territories this day of A.D.I. Clerk. 33 Cap. 28 JURIES Schedule Referred to in the Annexed Precept in the Cause of against FORM B. North-West Territories. Summons for Jurors. .vs. To By virtue of a precept dated 1 . . . , to me directed, you are hereby required and commanded to be and appear at on , the day of next at the hour of . . . .o'clock in the noon to serve as a juror in the above named matter. Herein fail not at your peril. Sheriff's office ^ 1 . . / Sheriff. 34 CHAPTER 29. An Ordinance respecting Alimony. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. The Supreme Court of the North-West Territories shall Jurisdiction of 1 . . t'^, . ,. .. , , , the Supreme nave jurisdiction to grant ahmony to any wiie who would court of the be entitled to alimony by the law of England or to any wife who iifSimonJ would be entitled by the law of England to a divorce and to alimonj' as incident thereto or to any wife whose husband lives separate from her without any sufficient cause and under cir- cumstances which would entitle her by the law of England to a decree for restitution of conjugal rights; and ahmony when granted shall continue until the further order of the court. CO., c. 29, s. 1. 35 CHAPTER 30. An Ordinance to amend the Law relating to Slander. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : Slander of 1. In any action of slander founded on words spoken of the plaintiff imputing unchastity, adultery or profligacy to a female, Special whether married or unmarried, it shall not be necessary to damase allege Or prove any special damage but such words shall be actionable per se. CO., c. 30, s. 1. 36 CHAPTER 31. An Ordinance respecting Limitation of Actions in Certain Cases. TTHE Lieutenant Governor, by and with tlie advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. All actions for recovery of merchants' accounts, bills, A^j°°= ""^ notes, and all actions of debt grounded upon any lending or contracts other contract without specialty shall be commenced within six years after the cause of such action arose. CO., c. 31, s. 1. 2. The provisions of The Real Property Limitation Act, 1874, p^^^^^f^ being chapter 57 of the Statutes of the Imperial Parliament, ^mitation passed in the thirty-seventh and thirty-eighth years of Her » force Majesty's reign, are hereby declared to be in force and to have been in force in the Territories since the passing thereof. CO., c. 31, s. 2. [3. No right to the access and use of light or any other ease- ment, right in gross or profit a prendre shall be acquired by any person by prescription and no such right shall be deemed to have been so acquired prior to the coming into force of this Ordinance.] 1903 (2nd Session), c. 7, s. 1. 37 CHAPTER 32. An Ordinance respecting Justices of the Peace. (CO., c. 32.) Chapter 13, 1906, substituted; amended c. 5, s. 9, 1907; c. 20, s. 10, 1908; c. 4, s. 8, 1909. 3S CHAPTER 33. An Ordinance respecting Constables. (CO., c. 33.) Chapter 7, 1909, substituted. 39 CHAPTER 34. An Ordinance respecting Distress for Rent and Extra-judicial Seizure. 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : Costs in distraints not to exceed rates in schedule 1. No person whosoever making any distress for rent nor any person whosoever emploj^ed in any manner in making such distress or doing any act whatsoever in the course of such dis- tress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person whomsoever any other or more costs and charges for and in respect of such distress or any matter or thing done therein than such as are fixed in the schedule to this Ordinance and applicable to each proceeding which shall have been taken in the course of such distress and no person or persons whosoever shall make any charge what- soever for any act, matter or thing mentioned in this Ordinance or in the said schedule unless such act matter or thing shall have been really performed or done. CO., c. 34, s. 1. Seizure under chattel mortgages, etc., costs regulated 2. No person whosoever making any seizure under the authority of any chattel mortgage, bill of sale or any other extra judicial process whatsoever nor any person whosoever employed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person whomsoever any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which shall have been done in course of such seizure and no person or persons whosoever shall make any charge whatsoever for any act or matter or thing mentioned in the said schedule unless such act, matter or thing shall have been really performed and done. CO., c. 34, s. 2, Penalty for taking excessive costs 3. If any person making any distress or seizure referred to in sections 1 and 2 of this Ordinance shall take or receive any other or greater costs than are set down in the said schedule or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or 40 DISTRESS FOR RENT, ETC. Cap. 34 2 done the party aggrieved may cause the party making the said distress or seizure to be summoned before the [District] Court of the judicial district in which the goods and chattels dis- trained upon or seized or some portion thereof lie and the said court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provisions of this Ordinance and the costs of suit. CO., c. 34, s. 3; 1910 (2nd Session), c. 2, s. 4. 4. A landlord shall not distrain for rent on the goods and°'^'''?H^3'' ^ o rent limitea chattels the property of any person except the tenant or person to property who is liable for the rent although the same are found on the premises; but this restriction shall not apply in favour of a Exceptions person claiming title under or by virtue of an execution against the tenant or in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant whether absolute or in trust or by way of mortgage or other\\isc nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon perform- ance of any condition nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of or the right of distress by the landlord nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family. CO., c. 34, s. 4. 5. The right of a mortgagee of land or his assigns to dis-P'j^g*^:^^^^^^"'' train for interest in arrear or principal due upon a mortgage morts^g^ shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. CO., c. 34, s. 5. 6. Goods distrained for such interest or principal shall not Notice of sale be sold excei^t after such notice as is required to be given liy a landlord who sells goods distrained for rent. CO., c. 34, s. (\ SCHEDULE. 1. Levying distress, SI .00. 2. Man in possession, per day, 5>1.50. 3. Appraisement, whether by one appraiser or more, two cents on the dollar on the value of goods up to $500, and one per cent, on the dollar for each additional S500 or fraction 41 Cap. 34 DISTRESS FOR RENT, ETC. thereof up to $2,000, and one-half per cent, on all sums over that amount. 4. All reasonable and necessary disbursements for advertising. 5. Catalogue, sale, commission and dehvery of goods, three per cent, on the net proceeds of the goods up to $1,000 and one and one-half per cent, thereafter. [6. For mileage for every mile (over two miles) necessarily travelled and sworn to in making any seizure under the authority of any chattel mortgage, bill of sale, or in re-taking possession of goods under a hire receipt, or conditional sale agreement, when the sheriff is employed, from the place where the warrant or authority is received, or from the sheriff's or his baihff's office (which ever is nearest) to the place of execution of same and return, 10 c] 1909, c. 4, s. 2. [7. All necessary and reasonable disbursements for removing and storing goods and removing and keeping live stock, and all other disbursements which in the opinion of the judge before whom a question as to the amount of the fees to be allowed under this Act may come for decision, are reasonable and necessary.] 1910 (2nd Session), c. 2, s. 4. 42 CHAPTER 35. An Ordinance respecting Arbitration. CC.O., c. 35.) Chapter 6, 1909, siibstitutc( 43 CHAPTER 36. An Ordinance respecting the Investigation of Accidents by Fire. 'X'HE Lieutenant Governor, by and w'lih the advice and consent of the Legislative Assembly of the Territories, enacts as follows: Magistrate 1. Any iustice of the peace may subiect to the provisions cmpowBrGci to . »/ u a inquire into hereinafter contained institute an inquiry into the cause or cause of fires - • /. j^ i i xi •_!_ i • n i i i ■ origm 01 any nre and whether it was kmdled by design or was the result of negligence or accident and act according to the result of such inquiry. CO., c. 36, s. 1. xo inquiry to 2. No justicc of the peace shall institute an inquiry into the on reasonable* cause Or Origin of any such fire until a sworn statement in suspicion writing has been made before him that there is reasonable suspicion that such fire was the result of culpable or negUgent conduct or design or occurred under such circumstances as in the interests of justice and for the due protection of property require an investigation nor until such statement having been received by him he has reported the same to the Attorney General and received from the Attorney General authority to make such inquiry. CO., c. 36, s. 2. Examination 3. For the purpose of any inquiry under this Ordinance of witnesses ^^ l tj such justice of the peace shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire and shall examine such persons on oath and shall reduce their examinations to writing and return the same to the Attorney General. CO., c. 36, s. 3. Penalty for 4. If auv pcrsou having been duly summoned as a witness as'wttnls^'"*^ to give cvidcncc upon any such inquiry does not after being openly called three times appear and give evidence at such inquiiy the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a warrant of distress shall be issued by the justice of the peace to be levied 44 ACCIDENTS BY FIRE Cap. 36 on the goods and chattels of such offender and in default of such distress or if such distress shall prove insufficient such justice of the peace may commit the offender to prison for any tenn not exceeding twenty-one days. CO., c. 36, s. 4. 45 TITLE IV. RELATING TO REAL PROPERTY. CHAPTER 37. An Ordinance respecting Land held by two or more Persors 'T'HE Lieutenant Governor, by and with the advice and -"■ consent of the Legislative Assembly of the Territories enacts as follows : Owners to hold as tenants in common 1. Whenever by any letters patent, transfer, conveyance unTe" — assurance, will or other assignment land or any interest in land Stlntion is granted, transferred, conveyed, assigned or devised to two or otherwise jjiore persons other than executors or trustees in fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, convey- ance, assurance, will or other assignment that they take as joint tenants. C.O., c. 37, s. 1. i6 CHAPTER 38. An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations. ; [? |^ T^HE Lieutenant Governor, by and with the' '"advice and consent of the Legislative Assembly of?" the' Territories, enacts as follows : 1. When any rehgious society or congregation of Christiana Trustee may m the Territories desire to take a conveyance or transfer of to^ hoffiands land for the site of a church, chapel, meeting house, burial ground, residence or glebe for the minister or for the support of public worship and the propagation of Christian knowledge such society or congregation may appoint trustees, to whom and their successors to be appointed in such manner as may be specified in the deed of conveyance or transfer or by resolution passed in the manner provided for in the tenth section of this Ordinance the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take hold and possess the land and maintain and defend all actions or suits for the protection thereof or of their property therein: Provided always that no religious society or congregation Lands not shall be capable of holding under the provisions of this Ordi- 320^ acrls nance more than three hundred and twenty acres of land. CO., c. 38, s. 1. 2. Such trustees shall within twelve months after the execution be^IStered '° of the transfer or deed of conveyance as authorized in the^t^Jn next preceding section cause the title to the land described therein to be registered in the land titles ofHce of the land registration district in which the land is situated, otherwise the said deed or transfer shall be void. CO., c. 38, s. 2. 3. When a debt has been or may hereafter be contracted for by^^oHg^gf the building, repairing, extending or improving a church, chapel, meeting house or residence for the minister on land held by trastees under the provisions of this Ordinance or for the pur- chase of the land on which the same has been or is intended to be erected the trustees or a majority of them may from time to time secure payment of the debt or any part thereof po^^g, t„ with or without interest by mortgage upon the land, church, i'"""'^ chapel, meeting house, or residence for the minister or may borrow money to pay the debt or any part thereof and may secure the repayment of the loan with or without interest by a like mortgage. CO., c. 38, s. 3. 47 Cap. 38 LANDS OF RELIGIOX'S SOCIETIES Land may be leased When consent of society or congregation to lease necessary 4. The trustees may lease for any term not exceeding twenty- one years land held by them under this Ordinance or part thereof at such rent and upon such terms as the trustees or a majority of them may deem reasonable: Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church; chapel, meeting house or residence for the minister or for a burial ground for the religious societ)' or congregation' for whose use the land is held; and Provided further that the trustees shall not lease the land so held by them or any part thereof for a term exceeding three years without the consent of the religious society or congrega- tion for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or con- gregation duly called for the purpose of considering the pro- posed lease. CO., c. 38, s. 4. Renewal of lease 5. In any lease made under the last preceding section the trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executors, administrators or assigns or may covenant or agree for the payment to the lessee, his executors, administrators or assigns of the value of any buildings or other improvements which may at the expira- tion of any term be on the demised premises; and the mode of ascertaining the amount of such rent or the value of such improve- ments may also be provided for in the original or any subsequent lease. CO., c. 38, s. 5. Trustees to 6. The trustccs for the time being holding land under this tiave powers /->-,• i*ii i i i ii of landlords Ordinance which has been leased under the powers contamed m the fourth and fifth sections of this Ordinance may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. CO., c. 38, s. 6. Sale of land 7. When land held by trustees for the use of a religious society or congregation becomes unnecessary to be retained for such use and it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of pavment and the time of sale and after publication of the notice not less than once in each week for four successive weeks in a news- paper published in or near the place where the land is situated, sell the land at public auction according to notice, but the trustees 48 LANDS OF RELIGIOUS SOCIETIES Cap. 38 shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land; and in such a case the trustees may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sale. CO., c. 38, s. 7. Sanction of to 8. Before a deed or transfer is executed in pursuance of a^^J"^*-^^ public or private sale the religious society or congregation fort™nsfer whose use the land is held shall be notified and the sanction of _a judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the land is situated, obtained for the execution of the deed. CO., c. 38, s. 8. 9. Trustees selling or leasing land under the authority of^nnuai^^^ this Ordinance shall in the month of January in each year at a meeting of the religious society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connnected, have ready and open for the inspection of the said society or congregation and of any and every member thereof a statement showing all rents which accrued during the preceding year, and all sums of money in their hands for the use and Isenefit of the said society or congregation which were in any manner derived from the land under their control or subject to their manage- ment or from the proceeds of the sale thereof and also showing the manner in which they may have expended or dealt with the said money or any part thereof. CO., c. 38, s. 9. 10. When land is granted, transferred or conveyed to trus- society or . . • concrGED-tion tecs for the use of any religious society or congregation and may specify the grant, transfer or deed of conveyance of such land does not SipcSnting specify the manner in which the successors to the trustees truste'S''^^ therein named are to be appointed the rehgious society or congregation for whose use such land is held may at a meeting of the said society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, by the votes of a majority of those persons who by the constitution of the said society or congrega- tion or by the practiec of the church with which it is connected are entitled to vote in respect of church business, then present at such meeting, pass a resolution specifying the manner in which the successors of the trustees for the time then being are to be appointed and such resolution endorsed on or annexecl to the deed, transfer or conveyance under which the land is held for the use of the said society or congregation signed by the chairman and secretary of the meeting at which the resolu- tion is adopted shall govern and regulate the manner in which the successors of the trustees named in the original grant or conveyance shall be appointed and from and after the passing of such resolution the provisions of this Ordinance shall apply 49 Cap. 38 LANDS OF RELIGIOUS SOCIETIES to the said society or congregation and the trustees thereof. CO., c. 38, s. 10. '"resbyterian enngregations .\r'=ption 11. In the case of a congregation connected with the Pres- byterian Church in Canada for the use or benefit of \vhich land is now held or may hereafter be held by the board of man- agement of the church and manse building fund of the Pres- byterian Church in Canada for Manitoba and the North-'West pursuant to the powers contained in the Act of Parliament of Canada passed in the forty-sixth year of the reign of Her Majesty and chaptered 97, incorporating the said board of management, in the case of any congregation of the said church which has received from the said board a loan under the pro- visions of the said Act, no resolution passed under the last preceding section shall have any force or be operative until the same has been submitted to the said board of management and the consent thereto of the said board of management has been engrossed in writing under their corporate seal. CO., c. 38, s. 11. Congregation may be incorporated Declaration of incorporation Name of church Who may vote Corporate name Officers Quorum Dealing with property [13. Where the congregation of any church or religious denomination not otherwise incorporated, desires to be incor- porated for the purpose of holding and dealing with real and personal property, they may proceed as follows: 1. A meeting of the congregation shall be called for the purpose of considering the proposed incorporation. 2. A majority of those present at such meeting, who by the constitution or practice of such church or religious denomina- tion are entitled to vote in respect of church business, and hereinafter, for the purposes of this Act, called members, shall pass a declaration of incorporation in the form A hereto, or to a like effect, which shall set forth — (a) The particular church or religious denomination to which the congregation seeking incorporation belongs; (b) A statement of those persons who, according to the rules of the congregation, are entitled to vote in respect to church business; (c) The proposed corporate name, which shall include briefly the distinctive name or designation of the church or religious denomination to which the pro- posed corporation belongs, and such local description as shall serve to distinguish such proposed corpora- tion from all others; (d) The officers who shall exercise the powers of the body corporate in deahng with the property thereof; (e) The number of members that shall constitute a quorum and as such lawfully entitled to transact any business of the congregation; (/) The rules to be complied with before any property 50 LANDS OF RELIGIOUS SOCIETIES Cap. 38 5 of the congregation shall be dealt with by the officers thereof, and such further provisions as may be decided upon.] 1907, c. 22, s. 2, [13. Such declaration of incorporation shall be signed by sj^gnature of the chairman and secretary of the meeting at which the same was passed, and shall be ^'erified by affidavit in the form B or to the like effect by any officer of the congregation present at the meeting.] 1907, c. 22, s. 2. . Such declaration of incorporation shall thereupon be D<^^'f''-|tion to aehvered in duphcate to the registrar of joint stock companies registrant along with a fee of fifty cents, and if the same is in substantial iomUSes compliance with section 12 hereof, and if the proposed corporate name does not conflict with that of any other congregation already incorporated, the registrar shall certify under his hand and seal of office that the congregation is incorporated, and incorporation shall endorse a certificate to the same effect upon, or attach the same to the duplicate of the declaration of incorporation and return the same to the body corporate. (2) If the proposed corporate name conflicts with that of^^^?j"°*'° any other congregation already incorporated the registrar may require such modification as will suit the case, and if the officers of the congregation who sign the declaration and affidavit are satisfied therewith the name shall be modified accordingly or a new meeting of the congregation may be called to decide upon another name, as shall appear most expedient. (3) The registrar may require such modification as in the last preceding subsection hereof mentioned to be made as well after as before the incorporation of any congregation under the provisions of this Act.] 1907, c. 22, s. 2. [15. The incorporation of the congregation shall take effect incorporation upon the date of incorporation mentioned in the certificate ^sec" *° *'^''^ of incorporation.] 1907, c. 22, s. 2. [16. The members of the congregation, together with such Members ot other persons as from time to time become members thereof, to'be'^body"" shall thereupon be a body corporate under the name contained ''"''P'"'''*'' in the declaration of incorporation, capable forthwith of exer- powers cising all the functions of a body corporate, with power to sue and be sued, contract and be contracted with by their corporate name; to have a common seal, and to alter or change the same at their pleasure; and to have perpetual succession; and with power to purchase, acquire by gift, devise or bequest Majority to if made at least six months before the death of the person *^°^°™ making the same, and hold real and personal property, or movables, for the purposes of the congregation, and to alienate the same at pleasure, and shall also vest in a majority of the members of the congregation the power to bind the others by their acts; and shall exempt the individual members of 51 Cap. 38 LANDS OF RELIGIOUS SOCIETIES Effect of certificate of incorporation the corporation from personal liability for its debts or obliga- tions or acts, provided they do not violate the provisions of this Act, and for the purpose of this section the majority of any properly constituted meeting shall be deemed to be the majority of the congregation.] 1907, c. 22, « "^ s. z. S'evfdence"'"' ^- ^"^^ Certificate of the incorporation of the congrega- tion given by the registrar of joint stock companies under his seal of office shall be conclusive evidence that all the require- ments of the Act in respect of registration, and of matters precedent and incidental thereto, have been complied with. (2) Any certificate of the incorporation of any congregation given by the registrar shall be received in evidence as if it were the original certificate; and any copy of or extract from any of the documents kept and registered at the office for registration of joint stock companies, if duly certified to be true copy of extract under the hands of the registrar and his seal of office, shall for all purposes be received in evidence as of equal validity with the original document.] 1907, c. 22, s. 2. incorporitr^n^ C-"^^- '^'^^ duplicate declaration of incorporation, or a certi- and list of fied copy thereof, and a list of the members of the congrega- kept in churciition, shall be kept in the church or meeting house of the con- gregation and shall be presented at any properly constituted meeting called to transact business, and shall at all reason- able times be open to the inspection of any person lawfully attending worship therein, and the names of all persons who from time to time shall become members of the congregation, or who having been members removed from the congregation, shall be added to or struck from the said list from time to time, as the occasion reciuires by the proper officers of the congre- gation,] 1907, c. 22, s. 2. Inspection ('nrr.iction .Niitice of meetin*; [19. A meeting of the congregation to consider any pro- posed dealing with the property thereof shall be called by notice of not less than two weeks (including two Sundays) next before the date of the meeting, which notice shall state the time, place and particular object for which the meeting is called, and shall be posted at the church or meeting house of the congregation and shall be read at all interA'ening ser- vices held in the church or meeting house.] 1907, c. 22, s. 2. Instruments [20. lustrumcnts dealing with the property of the congrega- tion shall be executed under the corporate seal, and attested by the signatures of not less than two officers thereof, and How granted shall havc endorscd thereon or attached thereto an affidavit by some other officer of the congregation capable of swearing positively to the facts that the execution of such instrument was authorized by the congregation at a meeting thereof duly by affidavi'ts'"^ Called for the purpose and may be in the form C hereto.] 1907 c, 22, s, 2, 52 LANDS OF RELIGIOUS SOCIETIES Cap. 38 7 [31. Any instrument so executed shall be conclusive evi- t° '".^ . 1 1 11 1 • fill* conclusive dence that all the requirements of the declaration of incor- poration and all matters precedent and incidental thereto have been cdmplied with.] 1907, c. 22, s. 2. [22. AYhere any congregation that has previously acquired J™cutr "^^ lands or other property, the title to which is vested in trustees, transfer becomes incorporated pursuant to the provisions of this Act, the trustees of the congregation, or in case of the death or removal of any of the trustees, a majority of the trustees of the congregation, may execute a transfer of the church property to the congregation in the corporate name thereof, and such transfer shall be registered without further or other proceedings, and the land shall thereupon become and be vested in a body corporate for the purposes of the congrega- tion in question subject to the provisions hereof.] 1907, c. 22, s. 2. [23. Any officer of any such incorporated congregation ^or tMiure to who, being charged with that duty, fails (a) to present for members inspection at any properly constituted meeting; (b) to add to or take from the list of members of the congregation, as the case may require; or (c) to make any return herein required, shall be liable upon summary conviction to a fine not exceed- ing fifty dollars.] 1907, c. 22, s. 2. [24. Every such corporation shall make a written return Returns verified by affidavit of its property, membership and officers when required so to do by the Provincial Secretary.] 1907, c. 22, s. 2. [25. The Lieutenant Governor in Council for cause may Power to^cancei at any time cancel and annul the incorporation of any con- gregation incorporated under this Act, and upon notice of such cancellation being mailed to the said corporation it shall cease to exist as such; provided however that nothing in this section contained shall be construed to impair the recourse of any creditor or claimant of the said corporation. And in any such case the Lieutenant Governor in Council may appoint such person as he thinks fit to wind up the affairs of such con- gregation, and distribute its assets among the members thereof, and may provide for the remuneration of such person out of the assets of the congregation or otherwise as he thints fit.] 1907, c. 22, s. 2. £3 Cap. 38 LANDS OF RELIGIOUS SOCIETIES [FORM A. Declaration of Incorporation. Pursuant to Chapter 22 of the Acts of the Legislative Assembly of the Province of Alberta for the year 1907, amending Ordinance No. 38 of The Consolidated Ordinances of the North- ^Yest Territories, intituled "An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations." The congregation of the (here set forth the particular con- gregation or religious denomination, with the post office address or other location, which may he either the village, town or city, or section, township, and range where situated, or other local designation, as shall he most convenient) desires incorporation pursuant to the said Act, upon the terms following, that is to say: 1. The said congregation belongs to (here set forth ike par- ticular church or religious denomination). 2. The persons who, according to the rules of the congrega- tion, are entitled to vote in respect of church business are {set them out). 3. The proposed corporate name is {set it out). 4. The officers who shall exercise the powers of the body corporate in any dealing with the property thereof are {set them out). 5. The rules to be complied with before any of the property of the congregation shall be dealt with by the officers thereof are as follows: {set them out). 6. {Number of memhers constituting a quorum) members shall constitute a quorum of the congregation, a majority of whom may deal with the matters coming before the meeting. {Here set forth any further provisions that may he decided upon.) FORM B. I, A.B., of in the Province of Alberta, make oath and say : 1. That I hold the office of {set out office) in the congrega- tion of {name of congregation) and have a personal knowledge of the facts in question herein. 2. That the foregoing {or annexed) declaration of incor- poration was passed at a duly constituted meeting of the said congregation held in {place of meeting) on the day of 19 . . {date of meeting) . 3. The said meeting was held upon due notice of the time, place and object thereof, and the transaction in and about 54 LANDS OF RELIGIOUS SOCIETIES Cap. 38 the incorporation of the said congregation was and is bona fide_ Sworn before me at ] in the Province of Alberta, this [ A.B. .. .day of 19.... j CD., A Comm'r in and for the Province of Alberta. FORM C. I, A.B., of in the Province of Alberta, make oath and say : 1. That I hold the ofRce of {set out offi.ce) in the congrega- tion of {name of congregation), and have a personal knowledge of the facts in question herein. 2. That the execution of the foregoing {or annexed) instru- ment was authorized by the congregation at a meeting thereof duly called for the purpose. Sworn before me at ^ in the Province of Alberta, this t day of 19. J A Comrn'r in and for the Province of Alberta.] 1907, c. 22, s. 2. TITLE V. RELATING TO MERCANTILE LAW. CHAPTER 39. An Ordinance respecting the Sale of Goods. 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. Short title I rphjg Ordinance may be cited as "The Sale of Goods Ordi- nance." CO., c. 39, s. 1. INTERPRETATION. Interpretation 2, In this Ordinance unless the context or subject matter otherwise requires — (a) "Action" includes counterclaim and set off; (b) "Buyer" means a person who buys or agrees to buy goods ; (c) "Contract of sale" includes an agreement to sell as well as the sale; (d) "Delivery" means voluntary transfer of possession from one person to another; (e) "Document of title to goods" has the same meaning as it has in The Factors' Ordinance; (/) "Factors' Ordinance'' means The Factors' Ordinance and any enactment amending or substituted for the same; (g) "Fault" means wrongful act or default; (/i) "Future goods" means goods to be manufactured or acquired by the seller after the making of the con- tract of sale ; (i) "Goods" includes all chattels personal other than things in action or money. The term includes imple- ments, industrial growing crops and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale; (j) "Property" means the general property in goods and not merely a special property; (k) "Quahty of goods" include their state or condition; 51) SALE OF GOODS Cap. 39 (0 "Sale" includes a bargain and sale as well as a sale and delivery; (m) "Seller" means a person who sells or agrees to sell goods ; {n) "Specific goods" means goods identified and agreed upon at the time a contract of sale is made ; (o) "Warranty" means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the con- tract as repudiated. (2) A thing is deemed to be done "in good faith" within the meaning of this Ordinance when it is in fact done honestly whether it be done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due. (4) Goods are in a "deliverable state" within the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take deliverv of them. CO., c. 39, s. 2. PART I. FORMATION OF THE CONTRACT. Contract of Sale. 3. A contract of sale of goods is a contract whereby the ^'^'^ ^°'^ ^ ^ (, , . *^ , agreement seller transfers or agrees to transfer the property m goods ^ ^eii to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. CO., c. 39, s. 3. 4. Capacity to buy and sell is regulated by the general law capacity to concerning capacity to contract and to transfer and acquire "y*"'^^''" property : 57 3 Cap. 39 SALE OF goods Proviso Pro^'ided that where necessaries are sold and delivered to an infant or minor or to a person who by reason of mental incapa- city or drunkenness is incompetent to contract he must pay a reasonable price therefor. "Necessaries" in this section means goods suitable to the condition in life of such infant or minor or other person and to his actual requirements at the time of the sale and delivery. CO., c. 39, s. 4. Formalities of the Contract. ^S^Xolr"^ 5. Subject to the provisions of this Ordinance and of any made Ordinance in that behalf, a contract of sale may be made in writing (either with or without seal) or by word of mouth or partly in writing and partly by word of mouth or may be implied from the conduct of the parties: Proviso Provided that nothing in this section shall affect the law relating to corporations. CO., c. 39, s. 5. Contract 6. A contract for the sale of any goods of the value of fifty and upwards dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the con- tract or in part payment or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such con- tract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognize a pre-existing contract of sale whether there be an acceptance in performance of the contract or not. CO., c. 39, s. 6. Subject matter of Contract. Existing or 7. The goocls which form the subject of a contract of sale may be either existing goods owned or possessed by the seller or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Ordinance called "future goods." (2) There may be a contract for the sale of goods the acqui- sition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods the contract operates as an agree- ment to sell +he goods. 58 SALE OF GOODS Cap. 39 4 8. Where there is a contract for the sale of specific goods 9°°'^^ '"^i'* , and the goods without the knowledge of the seller have perished at the time when the contract is made the contract is void. CO., c. 39, s. 8. 9. Where there is an agreement to sell specific goods and j^°^'?^^^g subsequently the goods without anj^ fault on the part of the ^ef^o^e^i^'" seller or buyer perish before the risk passes to the buyer the agreement agreement is thereby avoided. CO., c. 39, s. 9. The Price. 10. The price in a contract of sale may be fixed by the con- Ascertainment tract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the pai'ties. (2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. CO., c. 39, s. 10. 11. Where there is an agreement to sell goods on the terms Agreement that the price is to be fixed by the valuation of a third party at valuation and such third party cannot or does not make such valuation the agreement is avoided: Provided that if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor. (2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. CO., c. 39, s. 11. Conditions and Warranties. 13. Unless a different intention appears from the terms of Stipulations the contract stipulations as to the time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of essence of the contract or not depends on the terms of the contract. (2) In a contract for sale "month" means prima jade calendar month. CO., c. 39, s. 12. 13. Where a contract or sale is subiect to any condition towiien " , -^ T • condition to be fulfilled by the seller the buyer may waive the condition or be treated as may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract as repudiated. (a) Whether a stipulation in a contract of sale is a con- dition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the 59 Cap. 39 SALE OF GOODS breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract. (b) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof or where the contract is for specific goods the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated unless there be a term of the contract expressed or implied to that effect. (2) Nothing in this section shall affect the case of any con- dition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise. CO., c. 39, s. 13. undertaking 14. lu a coutract of sale unless the circumstances of the as to title, etc. contract are such as to show a different intention there is — 1. An implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass; 2. An implied warranty that the buyer shall have and enjoy quiet possession of the goods; 3. An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. CO., c. 39, s. 14. Sale by description Implied conditions as to quality or fitness 15. When there is a contract for the sale of goods by des- cription there is an implied condition that the goods shall correspond with the description; and if the sale be by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. CO., c. 39, s. 1.5. 16. Subject to the provisions of this Ordinance and of any Ordinance in that behalf there is no implied warranty or con- dition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except as follows: 1. Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose: 60 SALE OF GOODS Cap. 39 Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose; 2. "Where goods are bought by description from a seller who deals in goods of that description (whether he be the manu- facturer or not) there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods there shall be no implied condition as regards defects which such examination ought to have revealed; 3. An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade; 4. An express warranty or condition does not negative a warranty or condtion implied l)y this Ordinance unless incon- sistent therewith. CO., c. 39, s." 16. Sale by Sample. 17. A contract of sale is a contract for sale by sample where f^^^^ there is a term in the contract express or implied to that effect. (2) In the case of a contract for sale by sample — (a) There is an implied condition that the bulk shall cor- respond with the sample in quality; (b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample ; (c) There is an implied condition that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examina- tion of sample. CO., c. 39, s. 17. PART II. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. . rile • 1 Ooods must 18. \\ here there is a contract for the sale of unascertained be ascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. CO., c. 39, s. 18. 19. Where there is a contract for the sale of specific or ascer-^^p^/^j^^^ tained goods the property in them is transferred to the buyer i^ntended at such time as the parties to the contract intend it to be trans- ferred. (2) For the purpose of ascertaining the intention of the par- ties regard shall be had to the terms of the contract, the con- duct of the parties and the circumstances of the case. CO., c. 39, s. 19. 61 7 Cap. 39 SALE OF goods ascertaiSng 20. Unless E different intention appears the following are intention j-^j^g £qj. ascertaining the intention of the parties as to the' time at which the property in the goods is to pass to the buyer: Rule I. — Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the con- tract is made and it is immaterial whether the time of payment or the time of delivery or both he post- poned. Rule II. — Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliver- able state the property does not pass until such thing be done and the iDuyer has notice thereof. Rule III. — Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascer- taining the price, the property does not pass until such act or thing be done and the buyer has notice thereof. Rule IV. — When goods are delivered to the buyer on approval or "on sale or return" or other similar terms the property therein passes to the buyer — (a) When he signifies his approval or acceptance to the seller or does any other act adopting the transac- tion; (b) If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection then if a time has been fixed for the return of the goods, on the expiration of such time; and, if no time has been fixed, on the expiration of a reason- able time. What is a reasonable time is a question of fact. Rule V. — ^Wherc there is a contract for the sale of unas- certained or future goods by description and goods of that description and in a deliverable state are uncon- ditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made; (2) Where in pursuance of the contract the seller deliv- ers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal he is deemed to have unconditionally appropriated the goods to the contract. CO., c. 39, s. 20. 62 SALE OF GOODS Cap. 39 1 21. Where there is a contract for the sale of specific goods Reservation or where goods are subsequently appropriated to the contract disposal" the seller may by the terms of the contract or appropriation reserve the right of disposal of the goods until certain condi- tions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee or cus- todier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2) Where goods are shipped and by the bill of lading the goods are deliverable to the order of the seller or his agent the seller is prima facie deemed to have the right of disposal. (3) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange and if he wrongfully retains the bill of lading the property in the goods does not pass to him. CO., c. 39, s. 21. 23. Unless otherwise agreed the^goods remain at the seller's ^j.^^ p^^™^^ risk until the property therein is transferred to the buyer but ■^t'^ property when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred l3ut for such fault : Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or cus- todier of the goods of the other party. CO., c. 39, s. 22. Transfer of Title. 23. Subject to the provisions of this Ordinance, where goods n^t^^^gP^''''"" are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no Setter title to the goods than the seller had unless the owner of the goods is by his conduct pre- cluded from denying the seller's authority to sell: Provided also that nothing in this Ordinance shall affect: (a) The provisions of The Factors' Ordinance or any enact- ment enabling the apparent OM^ner of goods to dis- pose of them as if he were the true owner thereof; (b) The validity of any contract or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. CO.. c. 39, s. 23. 63 Cap. 39 SALE OF GOODS Sale under voidable title 84. When the seller of goods has a voidable title thereto but his title has not been voided at the time of sale the buyer acquires a good title to the goods provided he buys them in good faith and without notice of the seller's defect of title. 0.0.^ c. 39, s. 24. fn po'ssTsston^'''' ^^- Where a person having sold goods continues or is in after sale possesslou of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge, or other disposition thereof to any person receiving the same in good faith and without nbtice of the previous sale, shall have the same effect as if the person making the delivery or transfer was expressly authorized by the owner of the goods to make the same. (2) Where a person having bought or agreed to buy goods obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer to that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods 'or documents of title with the con- sent of the owner. (3) In this section the term "mercantile agent" has the same meaning as in The Factors' Ordinance. CO., c. 39, s. 25. PART III. Performance of the Contract. Duties of seller and buyer Payment and delivery are concurrent conditions 26. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. CO., c. 39, s. 2(1. 27. Unless otherwise agreed ^Ichvery of the goods and pay- ment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods. CO., c. .39, s. 27. Rules as to delivery 28. Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a ciuestion depending in each case on the contract express or implied between the parties. Apart from any such contract express or imphed 64 SALE OF GOODS Cap. 39 10 the place of delivery is the seller's place of business if he have one, and, if not, his residence : Provided that if the contract be for the sale of specific goods which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (2) Where under the contract of sale the seller is bound to send the goods to the buyer but no time for sending them is fixed the seller is bound to send them within a reasonable time. (3) Where the goods at the time of the sale are in possession of a third person there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods oh his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffec- tual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. CO., c. 39, s. 28. 39. Where the seller delivers to the buyer a quantity of °^^^^|'y °^ goods less than he contracted to sell the buyer may reject them i^^'^'ity but if the buyer accepts the goods so dehvered he must pay for them at a contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. (3) Where the seller delivers to the buyer goods he con- tracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest or he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties. CO., c. 39, s. 29. 30. Unless otherwise agreed the buyer of goods is not bound instalment to accept delivery thereof by instalments. deliveries (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for and the seller makes defective deliveries in respect of one or more instalments or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a 65 11 Cap. 39 SALE OF GOODS Delivery to carrier repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. CO., c. 39, s. 30. 31. Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorized by the buyer the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do and the goods are lost or damaged in course of transit the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages. (3) Unless otherwise agreed where goods are sent by the seller to the buyer by a route involving sea transit under cir- cumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit and if the seller fails to do so the goods shall be deemed to be at his risk during such sea transit. CO., c. 39, s. 31. 33. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold the buyer must nevertheless unless otherwise agreed take any risk of deterioration in the goods necessarily incident to the course of transit. CO., c. 39, s. 32. of^Jxai^Smg 33- Where goods are delivered to the buyer which he has goods not previously examined he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed when the seller tenders delivery of goods to the buyer he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the pur- pose of ascertaining whether they are in conformity with the contract. CO., c. 39, s. 33. Kisk where goods delivered at distant place Acceptance 34. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them. CO., c. 39, s. 34. 66 SALE OF GOODS Cap. 39 12 35. Unless otherwise agreed where goods are delivered to^"y«5?°* , , ° 1 1 • 1 . 1 bound to tne buyer and he reiuses to accept them having the right so to retum do, he is not bound to return them to the seller but it is sufE- ''^'^'' " cient if he intimates to the seller that he refuses to accept them. CO., c. 39, s. 35. 36. When the seller is ready and willing to deliver the goods Liability of *j o o Duvcr tor and requests the buyer to take delivery and the buyer does not neglecting or within a reasonable time after such request take delivery ofdeUveryof the goods, he is liable to the seller for any loss occasioned by^°°''^ his neglect or refusal to take delivery and also for a reasonable charge for the care and custody of the goods : Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract. CO., c. 39, s. 36. PART IV. Rights of Unpaid Seller against the Goods. 37. The seller of the goods is deemed to be an "unpaid seller" within the meaning of this Ordinance — dSin^'d ''^"^'^ (a) When the whole of the contract price has not been paid or tendered; (6) When a bill of exchange or other negotiable instru- ment has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this part of this Ordinance the term "seller" includes any person who is in the position of a seller as for instance an agent of the seller to whom the bill of lading has been endorsed or a consignor or agent who has himself paid or is directly responsible for the price. CO., c. 39, s. 37. 38. Subject to the provisions of this Ordinance and of any rights^ Ordinance in that behalf, notv/ithstanding that the property in the goods may have passed to the buyer the unpaid seller of goods as such has by implication of law — (a) A lien on the goods or right to retain them for the price while he is in possession of them; {b) In the case of the insolvency of the buyer a right of stopping the goods in transitu after he has parted with the possession of them; (c) A right of resale as limited by this Ordinance. (2) Where the property in goods has not passed to the buyer the unpaid seller has in addition to his other remedies a right 67 13 Cap. 39 SALE OF GOODS of withholding dehvery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed the buyer. CO., c. 39, s. 38. Unpaid Seller's Lien. Seller's lien 39. Subject to the provisions of this Ordinance the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price, in the following cases namely: (a) Where the -goods have been sold without any stipu- lation as to credit; (b) Where the goods have been sold on credit but the term of credit has expired ; (c) Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer. CO., c. 39, s. 39. Part delivery 40. Where an unpaid seller has made part delivery of the goods he may exorcise his right of lien or retention on the remain- der unless such part delivery has been made under such cir- cumstances as to show an agreement to waive the lien or right of retention. CO., c. 39, s. 40. ^erimnation ^^ f}^^ Unpaid Seller of goods loses his lien or right of retention thereon — (a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (5) When the buyer or his agent lawfully obtains posses- sion of the goods; (c) By waiver thereof. (2) The unpaid seller of goods having a lien or right of reten- tion thereon does not lose his lien or right of retention by reason only that he has obtained judgment or decree for the price of the goods. CO., c, 39, s. 41. Stoppage in Transitu. Right of stoppage in transitu 42. Subject to the provisions of this Ordinance when the buyer of goods becomes insolvent the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say he may resume possession of the goods as long as they are in course of transit and may retain them until payment or tender of the price. CO., c. 39, s. 42. 68 SALE OF GOODS Cap. .39 14 43. Goods are deemed to be in course of transit from the°^^^tj™°f time when they are delivered to a carrier, by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination the transit is at an end. (3) If after the arrival of the goods at the appointed destina- tion the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent the transit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them the transit is not deemed to be at an end even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession'of the master as a carrier or as agent to the buyer. (6) Where the carrier or other bailee wrongfully refuses to dehver the goods to the buyer or his agent in that behalf the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent in that behalf the remainder of the goods may be stopped in transitu unless such part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods. CO., c. 39, s. 43. 44. The unpaid seller may exercise his right of stoppage How stoppage in transitu either by taking actual possession of the goods or effected' " by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice to be effectual must be given at such time and under such circumstances that the principal by the exercise of reasonable diligence may com- municate it to his servant or agent in time to prevent a delivery to the buyer. (2) When notice of stoppage in transitu is given by the seller to the carrier or other bailee in possession of the goods he must redeliver the goods to or according to the direction of the seller. The expenses of such redelivery must be borne by the seller. CO., c. 39, s. 44. 69 15 Cap. 39 SALE OF GOODS Effect of subsale or pledge by buyer Sale not generally rescinded by lien or stoppage in transitu Resale hy Buyer or Seller. 45. Subject to the provisions of this Ordinance the unpaid seller's right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have made unless the seller has assented thereto : Provided that where a document of title of goods has been lawfully transferred to any person as buyer or owner of the goods and that person transfers the documents to a person who takes the document in good faith and for valuable considera- tion then if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or retention or stoppage in transitu is defeated and if such last mentioned transfer was by way of pledge or other disposition for value the unpaid seller's right of lien or retention or stoppage in transitu can only be exercised subject to the rights of the transferee. CO., c. 39, s. 45. 46. Subject to the provisions of this section a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu. (2) Where an unpaid seller who has exercised this right of lien or retention or stoppage in transitu resells the goods the buyer acquires a good title thereto as against the original buyer. (3) Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of his intention to resell and the buyer does not within a reasonable time pay or tender the price the unpaid seller may resell the goods and recover from the original buyer damage for any loss occasioned by his breach of contract. (4) Where the seller expressly reserves a right of resale in case the buyer should make default and on the buyer making default resells the goods the original contract of sale is thereby rescinded but without prejudice to any claim the seller may have for damages. CO., c. 39, s. 46. PART V. Action for price ACTIONS FOR BREACH OF THE CONTRACT. Remedies of the Seller. 47. Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the con- tract the seller may maintain an action against him for the price of the goods. 70 SALE OF GOODS Cap. 39 16 (2) Where under a contract of sale the price is payable on a day certain, irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price the seller may maintain an action for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. (3) Nothing in this section shall prejudice the right of the seller to recover interest on the price from the date of tender of the goods or from the date on which the price was payable, as the case may be. CO., c. 39, s. 47. 48. Where the buyer wrongfully neglects or refuses to accept Damages and pay for the goods the seller may maintain an action against acceptance him for damages for nonacceptance. (2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract. (3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer- tained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted or if no time was fixed for accept- ance then at the time of the refusal to accept. CO., c. 39, s. 48. Remedies of the Buyer. 49. Where the seller wrongfully neglects or refuses to deliver Damages tor the goods to the buyer the buyer may maintain an action °°° ^^'^^''y against the seller for nondelivery. (2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the seller's breach of contract. (3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascer- tained by the difference between the contract price and the market or current price of the goods at the time or times when thej' ought to have been delivered or if no time was fixed then at the time of the refusal to deUver. CO., c. 39, s. 49. 50. In any action for breach of contract to deliver specific or Specific 111 • {• • ^ • ^ r _li i' performance ascertamed goods the court may it it thinks fit on the appli- cation of the plaintiff by its judgment or decree direct that the contract shall be performed specifically without giving the defendant the option of retaining the goods on payment of damages. The judgment or decree may be unconditional or upon such terms and conditions as to damages, payment of the price and otherwise as to the court may seem just and the application by the plaintiff may be made at any time before judgment or decree. CO., c. 39, s. 50. 71 17 Cap. 39 SALE OF GOODS Remedy for g\^ ^A^here there is a breach of warranty by the seller or breach of . n i i i r warranty whcre the buycr elects or is compelled to treat any breach oi a condition on the part of the seller as a breach of warranty the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may — (a) Set up against the seller the breach of warranty in diminution or extinction of the price; or (6) Maintain an action against the seller for damages for the breach of warranty. (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting in the ordinary course of events from the breach of warranty. (3) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would ha~s-e had if they had answered to the warranty. (4) The fact that the buyer has set up the breach of war- ranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of war- ranty if he has suffered further damage. CO., c. 39, s. 51. Interest and ■pecial damages 52. Nothing in this Ordinance shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable or to recover money paid where the consideration for the payment of it has failed. CO., c. 39, s. 52. PART VI. SUPPLEMENTAEY. i^p&tCTms ^"^" Where any right, duty or liability would arise under a and conditions contract of salc by implication of law it may be negatived or varied by express agreement or by the course of dealing between the parties or by usage if the usage be such as to bind both parties to the contract. CO., c. 39, s. 53. timeT'''''^ 54. Where by this Ordinance any reference is made to a of"fa'ct°" reasonable time the question what is a reasonable time is a question of fact. CO., c. 39, s. 54. Sceabie' ^f Where any right, duty or liability is declared by this by action Ordinance it may unless otherwise by this Ordinance provided be enforced by action. CO., c. 39, s. 55. Auction sales 56. In the case of a sale by auction : (1) Where goods are put up for sale by auction in lots each lot is iprima facie deemed to be the subject of a separate contract of sale. SALE OF GOODS Cap. 39 18 (2) A sale by auction is complete when the auctioneer announ- ces its completion by the fall of the hammer or in other cus- tomary manner. Until such announcement is made any bidder may retract his bid. (3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer. (4) A sale by auction may be notified to be subject to a reserve or upset price and the right to bid may also be reserved expressly by or on behalf of the seller. Where a right to bid is expressly reserved, but not otherwise, the seller or any one person on his behalf may bid at the auction. CO., c. 39, s. 56. 57. Where a buyer has elected to accept goods which he Payment into might have rejected and to treat a breach of contract as only b^eYch'^f™ giving rise to a claim for damages he may in an action by theSfegld*^ seller for the price be required, in the discretion of the court before which the action depends, to consign or pay into court the price of the goods or part thereof or to give other reason- able security for the due payment thereof. CO., c. 39, s. 57. 58. The rules of the common law including the law mer- Existing lawi chant save in so far as they are inconsistent with the express ^utject'^^ereto provisions of this Ordinance and in particular the rules relating to the law of principal and agent and the effect of fraud, mis- representation, duress, or coercion, mistake or other invalidating cause shall continue to apply to contracts for the sale of goods. (2) Nothing in this Ordinance shall affect the enactments relating to bills of sale or any enactment relating to the sale of goods which is not expressly repealed by the Ordinance. (3) The provisions of this Ordinance relating to contracts of ^°5'g||ses or sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security. CO., c. 39, s. 58. 73 CHAPTER 40. An Ordinance respecting Factors and Agents. 'TTHE Lieutenant Governor, by and with the advice and -*■ consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. Short title 1- This Ordinance may be cited as "The Factors' Ordi- nance." CO., c. 40, s. 1. INTERPRETATION . Mercantile agent Interpretation 2. For the purposc of tMs Ordinance — 1. The expression "mercantile agent" shall mean a mercan- tile agent having in the customary course of his business as such agent, authority either to sell goods or to consign goods for the purpose of sale or to buy goods or to raise money on the security of goods; 2. A person shall be deemed to be in possession of goods or of the documents of title to goods where the goods or docu- ments are in his actual custody or are held by any other person subject to his control or for him or in his behalf; 3. The expression "goods" shall include wares and mer- chandise ; 4. The expression "document of title" shall include any bill of lading, dock warrant, warehousekeeper's certificate or war- rant or order for the delivery of goods and any other document, used in the ordinary course of business as proof of the posses- sion or control of goods or authorizing or purporting to authorize either by endorsement or delivery the possessor of the document to transfer or receive goods thereby represented; 5. The expression "pledge" shall include any contract, pledging or giving a lien or security on goods whether in con- sideration of an original advance or of any further or continuing advance or of any pecuniary liability; 6. The expression "person" shall include any body of persons', corporate or unincorporate. CO., c. 40, s. 2. Goods Document of title Pledge Person DISPOSITIONS BY MERCANTILE AGENTS. Powers of mercantile agents respecting disijosition nf goods 3. Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods any sale, pledge or other disposition of the goods made by him when acting in the ordinary course of business of a mercantile agent shall subject to the provisions of this Ordi- 74 FACTORS Cap. 40 nance be as valid as if he were expressly authorized by the owner of the goods to make the same: Provided that the person taking under the disposition acts in good faith and has not at the time of the disposition notice that the person making the disposition has not authority to make the same. (2) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods any sale, pledge or other disposition which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent: Provided that the person taking under the disposition has not at the time thereof notice that the consent has been deter- mined. (3) Where a mercantile agent has obtained possession o any documents of title to goods by reason of his being or having been with the consent of the owner in possession of the goods represented thereby or of any other documents of title to the goods his possession of the first-mentioned documents shall for the purposes of this Ordinance be deemed to be with the consent of the owner. (4) For the purposes of this Ordinance the consent of the owner shall be presumed in the absence of evidence to the contrary. CO., c. 40, s. 3. 4. A pledge of the documents of title to goods shall be deemed Effect of to be a pledge of the goods. CO., c. 40, s. 4. documents '^^ ° ° of title 5. Where a mercantile agent pledges goods as security for a Pledge for debt or liability due from the pledgor to the pledgee before debt*'* *° the time of the pledge the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge. CO., c. 40, s. 5. 6. The consideration necessary for the validity of a sale, Jj?|JJi*^\jj j,y pledge or other disposition of goods in pursuance of this Ordi- exchange of nance may be either a payment in cash or the delivery or trans- documents fer of other goods or of a document of title to goods or of a negotiable security or any other valuable consideration but where goods are pledged by a mercantile agent in considera- tion of the delivery or transfer of other goods or of a document of title to goods or of a negotiable security the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, documents or security when so delivered or transferred in exchange. CO., c. 40, s. 6. 7. For the purpose of this Ordinance an agreement made ^hro^u^™** with a mercantile agent through a clerk or other person author- "^^"^^^ ^^''■ ized in the ordinary course of business to make contracts of 75 Cap. 40 FACTORS sale or pledge on his behalf shall be deemed to be an agreement CO., c. 40, s. 7. with the agent ro^cmlifcmors 8. Where the owner of goods has given possession of the and consignees goods to another person for the purpose of consignment or sale or has shipped the goods in the name of another person and the consignee of the goods has not had notice that such person is not the owner of the goods the consignee shall in respect of advances made to or for the use of such person have the same lien on goods as if such person were the owner of the goods and may transfer any such hen to another person. (2) Nothing in this section shall hmit or affect the vahcHty of any sale, pledge or disposition by a mercantile agent. CO., c. 40, s. 8. DISPOSITIONS BY BUYERS AND SELLERS OF GOODS. Disposition by seller remaining in possession 9. Where a person having sold goods continues or is in pos- session of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. CO., c. 40, s. 9. Disposition bv buyer obtaining possession 10. Where a person having bought or agreed to buy goods obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other dis- position thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the deUvery or transfer were a mercan- tile agent in possession of the goods or documents of title with the consent of the owner. CO., c. 40, s. 10. Effect of transfer of chiriiments c vend )r's lien (^i rii^.it of Ptoopage in transitu 11. Where a document of title to goods has been lawfully transferred to a person as buyer or owner of the goods and that person transfers the document to a person who takes the docu- ment in good faith and for valual^le consideration the last mentioned transfer shall have the same effect for defeating any vendor's hen or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage i CO., c. 40, s. 11. m transitu. 76 FACTORS Cap. 40 4 SUPPLEMENTAL. 13. For the purpose of this Ordinance the transfer of a docu- Mode of , ment may be by endorsement or where the document is by document"® custom or by its express terms transferable by delivery or makes the goods deliverable to the bearer then by delivery. CO., c. 40, s. 12. 13. Nothing in this Ordinance shall authorize an agent to Liability of exceed or depart from his authority as between himself and''^™ his principal or exempt him from any liability civil or criminal for so doing. (2) Nothing in this Ordinance shall prevent the owner ofsavinRfor goods from recovering the goods from an agent or assignee true*owner under an assignment for the benefit of creditors at any time before the sale or pledge thereof or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof on satisfying the claim for which the goods were pledged and paying to the agent, if by him required, any money in respect of which the agent would by law be entitled to retain the goods or the docu- ments of title thereto or any of them by way of lien as against the owner or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deduct- ing the amount of his hen. (3) Nothing in this Ordinance shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same or any part of that price subject to any right of set-off on the part of the buyer against the agent. CO., c. 40, s. 13. 14. The provisions of this Ordinance shall be construed in saving tor amplification and not in derogation of the powers exercisable powers of agen by an agent independently of this Ordinance. CO., c. 40, s. 14. 77 CHAPTER 41. An Ordinance respecting Choses in Action. (CO., c. 41.) Repealed by Section 8 of Chapter 5, 1907. CHAPTER 42. An Ordinance respecting Preferential Assignments. (CO., c. 42.) Chapter 6, 1907, substituted; amended c. 4, s. 14, 1909. 79 Bills of sale, etc., on equipment of railway CHAPTER 43. An Ordinance respecting Mortgages and Sales of Personal Property. [Note. — Notwithstanding anything confaine! in the Bills o] Sale Ordi- nance or in the Ordinance respecting Hire Receipts and Conditional Sales of Goods, and amendments thereto, any bill of sale, chattel mortgage, con- ditional sale, lease or other agreement of or respecting rolling stock and equipment for use on railways may be registered in the office of the registrar of joint stocli companies for the province on payment of a fee of five dollars by filing in such office a copy thereof, certified by a notary public and by the secretary of the railway company the stock or equipment in connection with which is affected thereby, to be a true copy, and no other registration or filing shall be necessary, and upon being so filed the same f-hall be valid and effectual as if filed or registered in accordance with the provisions of the said Acts and amendments respectively, and no renewal thereof shall be required, and any discharge or partial discharge of any such bill of sale, chattel mortgage, conditional sale or other agreement may be registered in the said office in the same manner and on payment of a like fee.] 1909, c. 4, s, 3. T^HE Lieutenant Governor, b}' and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. Short title 1. This Ordinance may be cited and known as "The Bills of Sale Ordinance." CO., c. 43, s. 1. REGISTR.VTION DISTRICTS. Moosomin district Registration 2. For the purposcs of the registration of mortgages and other transfers of personal property in the Territories the following shall be registration districts: 1. The registration district of "Moosomin" comprising that part of the Provisional District of Assiniboia as is defined by the Order of the Privy Council of Canada passed on the eighth day of ^lay, A.D. 1882, eastward of the eleventh range of town- ships west of the second meridian and south of a line which may be described as follows: Commencing at a point where the line between townships twenty and twenty-one in the Dominion Lands system of survey intersects the western boun- dary of the Province of Manitoba, thence westerly following the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence northerly along the line between ranges seven and eight to its intersection with the line between townships twenty-two and twenty-three, thence westerly along the line between the said townships twenty-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second meridian in the Domin- ion Lands system of survey ; 80 BILLS OF SALE Cap. 43 2 2. The registration district of "Yorlcton," comprising thatJ.o[¥°° part of the said Provisional District of Assiniboia, eastward of the ele^'enth range of townships west of the second meridian and north of the north boundary of the registration district of Moosomin ; 3. The registration district of "Regina," comprising that Regina district part of the said Provisional District of Assiniboia west of the registration district of Moosomin and east of the west line of the twenty-third range of townships west of the second meridian ; 4. The registration district of "Moose Jaw," comprising ■fXkt^'"'' that part of the Provisional District of Assiniboia west of the registration district of Regina and east of the west line of the twenty- third range of townships west of the third meridian; 5. The registration district of ''j\Iedicine Hat," cpmprising Medicine Hat all that portion of the said Provisional District of Assiniboia west of the registration district of Moose Jaw; 6. The registration district of "Macleod," comprising all ^3^''^?°'^ that portion of the Provisional District of Alberta as defined by the said Order of the Privy Council lying south of town- ship seventeen; 7. The registration district of "Calgary," comprising all §fgfj?-^f that part of the said Provisional District of Alberta lying between townships sixteen and forty-three; 8. The registration district of "Edmonton," comprising all Edmonton that portion of the said Provisional District of Alberta lying north of township forty-two; 9. The registration district of "Battleford," comprising all g^**|ft°"-'i that portion of the Provisional District of Saskatchewan as defined by the said Order of the Privy Council lying west of the fifth range of townships west of the third meridian; 10. The registration district of "Prince Albert," comprising Prfnce Aiben all that portion of the said Provisional District of Saskatchewan lying east of the Battleford registration district. [(2) The Lieutenant Governor in Council shall have power Aiteratk.n^of to alter the boundaries of any registration district now or formation^of hereafter established by adding thereto or taking therefrom;""'^ and to establish new districts and to appoint registration clerks therefor who shall hold office during pleasure; and designate at what places the offices of such clerks shall be kept.] CO., c. 43, s. 2; 1900, c. 12, s. 1. REGISTRATION CLERKS. 3. The registration clerks for the existing registration dis- Presp^t^^'erks tricts are hereby continued in office and shall severally hold office during pleasure and their offices shall be kept at places to be designated by the Lieutenant Governor in Council. 81 3 Cap. 43 BILLS OF sale by'^iire'iltlnlnt ^'^^ ^^ ^^'^ cvent of any vacancy occurring in the office of Governor in registration clerk by reason of death, resignation or otherwise the vacancy shall be filled by the Lieutenant Governor in Council. CO., c. 43, s. 3. 4. The registration clerks under this Ordinance shall keep their respective offices open between the hours of ten in the forenoon and four in the afternoon on all days excepting Sundays and holidays and except on Saturdays and during the period of vacation prescribed by The Judicature Ordinance when the same shall be closed at one o'clock in the afternoon and during office hours only shall registrations be made. CO., c. 43, s. 4. 5. No registration clerk shall draw or prepare any docu- ment or conveyance which may be filed or registered in his office under the provisions of this or any other Ordinance. CO., c. 43, s. 5. MORTGAGES AND SALES OF CHATTELS. FORM AND REGISTRATION. Mortgages g Every mortgage or conveyance intended to operate as a unaccompanied •^ iii ^ ^ • ^ • • i ^ by delivery and mortgage of goocls and chattels which IS not accompanied by possession au immediate delivery and an actual and continued change of '^°° ^ possession of the things mortgaged shall within thirty days from the execution thereof be registered as hereinafter pro- vided together with the affidavit of a witness thereto of the due execution of such mortgage or conveyance and also with the affidavit of the mortgagee or one of several mortgagees or the agent of the mortgagee or mortgagees if such agent is aware of all the circumstances connected therewith and is properly authorized by power in writing to take such mortgage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under section 21 hereof) such last mentioned affidavit stating that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor or of preventing the creditors of such mortgagor from obtaining payment of any claim against him; and every such mortgage or conveyance shall operate or take effect upon, from and after the day and time of the fihng thereof. CO., c. 43, s. 6. Mortgage may 7. Exccpt as to cascs provided in the next following section appendcT of this Ordinance a mortgage or conveyance intended to operate as a mortgage of goods and chattels may be made in accordance with form A in the schedule to this Ordinance. CO., c. 43, s. 7. 82 BILLS OF SALE Cap. 43 4 8. In case of an agreement in writine for future advances Mortgage to , o to secure future tor the purpose of enabling the borrower to enter into and advances m- '■,'■. . ,, i*^ , , . . j^ to indemnify carry on business with such advances and in case oi a mort- endorsers, etc. gage of goods and chattels for securing the mortgagee repay- ment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the endorsement of any bills or promissory notes or any other liability by him incurred for the mortgagor not extending for a longer period than two years from the date of the mortgage and iti case the mortgage is executed in good faith and sets forth fully by recital or otherwise the terms, nature and effect of the agree- ment and the amount of liability intended to be created and in case such mortgage is accompanied by the affidavit of a witness thereto of the due execution thereof and by the affi- davit of the mortgagee or one of several mortgagees or in case the agreement has been entered into and the mortgage taken by an agent duly authorized by writing to make such agreement and take such mortgage, in which case a copy of such authority shall be attached thereto, and if the agent is aware of the circumstances connected therewith, then, if accom- panied by the affidavit of such agent, such affidavit whether of the mortgagee or his agent, stating that the mort- gage truly sets forth the agreement entered into between the parties thereto and truly states the extent of the liability intended to be created by such agreement and covered by such mortgage and that such mortgage is executed in good faith and for the express purpose of securing the mortgagee repay- ment of his advances or against the payment of the amount of his Habihty for the mortgagor, as the case may be, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the mortgagor nor to prevent such creditors from recovering any claims which they may have against such mortgagor and in case such mortgage is registered as hereinafter provided within thirty days from the execution thereof the same shall be as valid and binding as mortgages mentioned in the sixth section of this Ordinance. CO., c. 43, s. 8. 9. Every sale, assignment and transfer of goods and chattels saie of goods not accompanied by an immediate delivery and followed by an by*(fe*i™?y '' actual and continued change of possession of the goods and ^f ^^^^^^I^J^^ chattels sold shall be in writing and such writing shall be a conveyance under the provisions of this Ordinance and shall be accompanied by an affidavit of a witness thereto of the due execution thereof and an affidavit of the bargainee or one of several bargainees or of the agent of the bargainee or bar- gainees duly authorized in writing to take such conveyance (a copy of which authority shall be attached to the conveyance) that the sale is bona fide and for good consideration as set forth in the said conveyance and not for the purpose of holding or enabling the bargainee to hold the goods mentioned therein 83 Cap. 43 BILLS OF SALE Registration only affects district where made against the creditors of the bargainor; and such conveyance and affidavits shall be registered as hereinafter provided within thirty days from the execution thereof otherwise the sale shall be absolutely void as against the creditors of the bargainor and as against subsequent purchaser or mortgagees in good faith. CO., c. 43, s. 9. 10. Such registration shall only have effect in the registra- tion district wherein such registration has been made. CO., c. 43, s. 10. Omission to register or false statement of consideration 11. In case such mortgage or conveyance and affidavit are not registered as hereinbefore provided or in case the con- sideration for which the same is made is not truly expressed therein the mortgage or conveyance shall be absolutely null and void as against creditors of the mortgagor and against subsequent purchasers or mortgagees in good faith for valu- able consideration. CO., c. 43, s. 11. Description of property Assignment for benefit of creditors Registration to be in district where property situate 13. All the instruments mentioned in this Ordinance whether for the mortgage or sale, assignment or transfer of goods and chattels shall contain such sufficient and full description thereof that the same may be readily and easily known and distinguished except in the case of assignments for the general benefit of creditors in which case the description shall be sufficient if it is in the following words: "All my personal property which may be seized and sold under execution," or words to that effect. CO., c. 43, s. 12. 13. The proper registration officer for instruments being mortgages and transfers of personal property shall be the clerk of the registration district in which the property described in the mortgage or transfer is at the time of the execution of the instrument; such registration clerks shall file all such instru- ments presented to them respectively for that purpose and shall endorse thereon the time of receiving the same in their respec- tive offices and the same shall be kept there for the inspection of the public, subject to the payment of the proper fees. CO., c. 43, s. 13. Clerk to enter instruments in a book 14. Every such clerk shall number each instrument or copy filed in his office and shall enter in alphabetical order in a book to be provided by him the names of all the parties to such instrument with the number endorsed thereon opposite to each name; and such entry shall be repeated alphabetically under the name of every party thereto. CO., c. 43, s. 14. CONVEYANCE OF GROWING OR FUTURE CROPS. Securities 'in crops 15. No mortgage, bill of sale, hen, charge, encumbrance, con- veyance, transfer or assignment hereafter made, executed or 84 BILLS OF SALE Ca]). 43 6 created and which is intended to operate and have effect as a security shall in so far as the same assumes to bind, comprise, apply to or affect any growing crop or crop to be grown in future in whole or in part, be valid except the same shall be made, executed or created as a security for the purchase price and interest thereon of seed grain. (2) Every mortgage or encumbrance upon growing crops oi'Si"rtgages crops to be grown, made or created to secure the purchase *°i^|™j™gg^ price of seed grain shall be held to be within the provisions ofs™" this Ordinance and the affidavit of bona fides among the other necessary allegations shall contain a statement that the same is taken to secure the purchase price of seed grain. (3) No mortgage or encumbrance to secure the price of seed Cj-op must be grain shall be given upon any crop which is not sown within one year from one year of the date of the execution of the said mortgage or "^^ ^^^^ encumbrance . (4) Every registration clerk shall keep a separate register of Separate such seed grain mortgages and shall be entitled to receive the seed grain same fees for his services as provided for under section 33 of ™°' ^^^^^ this Ordinance. (5) Every such seed grain mortgage so taken and filed shall seed grain not be affected by or subject to any chattel mortgage or bill preferential of sale previously given by the mortgagor or by any writ of ''®""'"^' execution against the mortgagor in the hands of the sheriff at the time of the registration of such seed grain mortgage but such seed grain mortgage shall be a first and preferential secu- rity for the sum therein mentioned. The date of the purchase . of seed grain, the number of bushels and price per bushel must to be given be stated in the mortgage as well as in the affidavit of bona fides. CO., c. 43, s. 15. PROCEDURE UNDER MORTGAGE ON DEFAULT. 16. Unless it is otherwise specially provided therein goods ^g^^^^J^,y and chattels assigned under a mortgage or conveyance intended mortgagee to operate as a mortgage of goods and chattels shall be liable to be seized or taken possession of by the grantee for any of the following causes : 1. If the grantor shall make default in payment of the sum pay^ent°or or sums of money thereby secured at the time therein provided ^gJee^^g" °^ for payment or in the performance of any covenant or agree- ment contained in the mortgage or conveyance intended to operate as a mortgage and necessary for maintaining the security ; 2. If the grantor shall without the written permission of the ^^T^^^' °f c^ i goods grantee either remove or suffer the goods or any of them to be removed from the registration district within which they are situate ; 85 Cap. 43 BILLS OF SALE Rent or taxes Execution Attempt to dispose of goods 3. If the grantor shall suffer the said goods or any of them to be distrained for rent, rates or taxes or shall suffer the said goods or any of them to be liable to seizure for rent by reason of default of the grantor in paying the same when due; 4. If execution shall have been levied against the goods of the grantor under any judgment at law; 5. If the grantor shall attempt to sell or dispose of or in any way part with the possession of the said goods. CO., c. 43, s. 16. RENEWAL OF MORTGAGES. to°9efsf to be 17. Every mortgage filed in pursuance of this Ordinance ylws uniMs"^" shall ceasB to be valid as against the creditors of the persons renewed making the same and against subsequent purchasers or moi-t- gages in good faith for valuable consideration after the expir- ation of two years from the fiUng thereof unless, within thirty days next preceding the expiration of the said term of two years, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns in the property claimed by virtue thereof and a full statement of the amount still due for principal and interest thereon and of all payments made on account thereof is filed in the office of the registration clerk of the district where the property is then situate with an affi- davit of the mortgagee or of one of several mortgagees or of the assignee or one of several assignees or of the agent of the mortgagee or assignee or mortgagees or assignees duly author- ized for that purpose, as the case may be, stating that such statements are true and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument. CO., c. 43, s. 17; 1900, c. 12, s. 2. Renewal of chattel mortgage 18. Such statement and affidavit shall be in the following form or to the like effect : Statement exhibiting the interest of CD. in the property mentioned in the chattel mortgage dated the day of . . . . A.D. 1. . . ., made between A.B., of. . . ., of the one part, and CD., of , of the other part, and filed in the office of the registration clerk of the registration district of . (as the case may he) on the day of 1 .... , and of the amount due for principal and interest thereon and of all payments made on account thereof. The said CD. is still the mortgagee of the said property and has not assigned the said mortgage {or the said E.F. is the assignee of the said mortgage by virtue of an assignment thereof from the said CD. to him dated the day of 1. . . ., or as the case may he) . No payments have been made on account of the said mort- gage (or the following payments and no other have been made on account of the said mortgage: 86 BILLS OF SALE Cap. 43 1. . — Jan. 1 — Cash received $ ) The amount still due for principal and interest on the said mortgage is the sura of . . . . dollars computed as follows : . , . {Here give the computation.) CD. North-West Territories, \ To Wit: / I, of , the Affidavit mortgagee named in the chattel mortgage mentioned in the foregoing {or annexed) statement {or assignee of the mortgagee named in the chattel mortgage mentioned in the foregoing or annexed statement, as the case niay be) make oath and say : 1. That the foregoing {or annexed statement) is true. 2. That the chattel mortgage mentioned in the said state- ment has not been kept on foot for any fraudulent purpose. Sworn before me at i in the North-West Territories, !• this. .... .day of 1. . J [(2) Where such mortgage or conveyance is made as security Provisions tor for debentures and the by-law or resolution authorizing the morSge^ to issue of debentures, as a security for which the mortgage or debentures conveyance was made, or a copy thereof, certified under the hand of the president or vice-president and secretary of the company and verified by an affidavit of the secretary thereto attached or endorsed thereon, and having the corporate seal attached thereto, together with a copy of the mortgage or conveyance certified and verified as aforesaid is filed with the registrar of joint stock companies within the time limited for filing a renewal statement in accordance with section 17 hereof, it shall not be necessary to renew the said mortgage or conveyance, but the same shall in such case continue to be valid as if the same had been duly renewed as in this Ordinance provided. (3) The registrar of joint stock companies shall keep an Registrar of alphabetical register of all such by-laws, mortgages or convey- companies to ances indexed under the names of the companies executing orbj-iawt^etc. the same, and the said register shall be open to inspection by any person on payment of such fees as may be from time to time prescribed by order in council in that behalf.] CO., c. 43, s. 18; 1907, c. 5, s. 10. 19. Another statement in accordance with the provisions of f^^^'^*^!^ ^^^^^j^ section 17 hereof duly verified as required by that section shall ^^^ewaf * be filed in the office of the registration clerk of the district where the property is then situate within thirty days next pre- ceding the expiration of the term of one year from the day of 87 Cap. 43 BILLS OF SALE the filing of the statement required by the said section 17 and in default thereof such mortgage shall cease to be valid as against the creditors of the person making the same and as against purchasers and mortgagees in good faith for valuable consideration and so on from year to year; that is to say another statement as aforesaid duly verified shall be filed within thirty days next preceding the expiration of one year from the day of the filing of the former statement and in default thereof such mortgage shall cease to be valid as aforesaid. CO., c. 43, s. 19. Personal representative or assignee Filing assignments 20. The affidavit required by section 17 of this Ordinance may be made by any next of kin, executor or administrator of any deceased mortgagee or by an assignee claiming by or through any mortgagee or any next of kin, executor or admin- istrator of any such assignee; but if the affidavt is made by any assignee, next of kin, executor or administrator of any such assignee the assignment or the several assignments througli which such assignee claims shall be filed in the office in which the mortgage is originally filed at or before the time of such refiling by such assignee, next of kin, executor or administrator of such assignee. CO., c. 43, s. 20, AGENTS AUTHORITY TO TAKE CONVEYANCES. Authority for 31. An authority for the purpose of taking or renewing a instruments mortgage or conveyance intended to operate as a mortgage or may be general ^^^i^^ assignment or transfer of goods and chattels under the provisions of this Ordinance may be a general one to take and renew all or any mortgages or conveyances to the mortgagee or bargainee; and provided such general authority is duly filed with the clerk it shall not be necessary to attach a copy thereof to any mortgage filed. CO., c. 43, s. 21. Mortgagee to include agent or manager of company 23. For the purpose of making the affidavit of bona fides required by sections 6, 8 and 9 of this Ordinance and the affi- davit required by section 17 of this Ordinance the expressions "mortgagee," "bargainee," or "assignee" shall, in addition to their primary meaning, mean and include the agent or manager of any mortgagee, bargainee or assignee being an incorporated company. CO., c. 43, s. 22. OMISSIONS AND ERRORS. Rectification of omissions and errors 23. Subject to the rights of third persons accrued by reason of such omissions as are hereinafter defined [a judge of the District Court of the judicial district within which any mortgage or transfer or authority to take or renew the same is or should be registered or renewed] on being satisfied that the omission to register a mortgage or other transfer of personal property or any authority to take or renew the same or any statement BILLS OF SALE Cap. 43 10 and affidavit of renewal thereof within the time prescribed by tliis Ordinance or the omission or misstatement of the name, residence or occupation of any person was accidental or due to inadvertence or impossibility in fact, may in his discretion order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occu- pation or by extending the time for such registration on such terms and conditions if any as to security, notice by advertise- ment or otherwise or as to any other matter as he thinks fit to direct. CO., c. 43, s. 23; 1910 (2nd Session), c. 2, s. 5. [mortgages when new districts formed.] [23a. All chattel mortgages relating to property within any newly established district shall (until their renewal becomes necessary to maintain their force against creditors, subsequent purchasers or mortgagees in good faith) continue to be as valid and effectual in all respects as they would have been if the new district had not been established ; but in the event of a renewal of any such chattel mortgage after the establishment of such new district the renewal statement shall be filed in the office of the registration clerk of such new district together with a certified copy of the chattel mortgage to which such renewal statement relates and of any renewals thereof under the hand of the registration clerk in whose office the same were filed; and no chattel mortgage in force and filed at the date of the establishing of such new district shall lose its priority by reason of its not being filed in the office of the registration clerk of such new district prior to its renewal.] 1900, c. 12, s. 3. ASSIGNMENT OF MORTGAGES. 34. In case any registered chattel mortgage has been assigned f^^sf,!^^^^^ such assignment may upon proof by the affidavit of a sub- of mortgages scribing witness be numbered and entered in the book mentioned in section 14 hereof in the same manner as a chattel mortgage and the proceedings authorized by sections 26 and 27 of this Ordinance may and shall be had upon a certificate of the assignee proved in manner aforesaid. CO., c. 43, s. 24. DISCHARGE OF MORTGAGES. 25. Where any mortgage of goods and chattels is registered Discharge of under the provisions of this Ordinance such mortgage may i-,g'^°"Bage discharged by the filing in the office in which the same is registered of a certificate signed by the mortgagee, his execu- tors or administrators in form B in the schedule hereto or to the like effect. CO., c. 43, s. 25. 89 11 Cap. 43 BILLS OF SALE Entry and endorsement of discharge of mortgage 26. The officer with whom such chattel mortgage is filed upon receiving such certificate duly proved by the affidavit of a subscribing witness shall at each place where the number of such mortgage has been entered with the name of any of the parties thereto in the book kept under section 14 of this Ordinance or wherever otherwise in the said book the said mortgage has been entered, write the words "Discharged by certificate number (stating the number of certificate)"; and he shall also endorse the fact of such discharge upon the instru- ment discharged and shall affix his name to such endorsement. CO., c. 43, s. 26. Certificate of discharge Form of certificate 37. Any person fifing a discharge of mortgage or a pattial discharge of mortgage as aforesaid shall be entitled to ask for and receive from such clerk a certificate (other than the certi- ficate which might be endorsed on a copy or duplicate of the mortgage as aforesaid) of such discharge or partial discharge in the form following or to the like effect: North-AVest Territories, \ Registration District of - This is to certify that an instrument purporting to be a discharge in full {or a partial discharge) of a certain chattel mortgage bearing date the day of and filed the day of following, made between A.B., of , as mortgagor and CD., of , as mortgagee, has been filed in the office of the clerk of the registration district of on the day of {and in case of a partial discharge that the goods or property mentioned in such partial discharge consists of describing the chattel or property). E. M ., Clerk. CO., c. 43, s. 27. REMOVAL OF CHATTELS MORTGAGED. Mortgaged gg. No goods Or chattels under mortgage shall be removed goods not to . P . . f , ■ , •! be removed mto another registration district without a notice oi the intention to remove be mailed postpaid and registered to the mortgagee at his last known place of address not less than twenty days prior to such removal. CO., c. 43, s. 28. district "^oo'ds to' °' ^^' ^^ ^^^ event of the permanent removal of goods and another chattcls mortgaged as aforesaid from the registration district in which they were at the time of the execution of the mortgage, to another registration district before the payment and dis- charge of the mortgage a certified copy of such mortgage under the hand of the registration clerk in whose office it was first registered and of the affidavit and documents and instruments relating thereto filed in such office, shall be filed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such rem,oval 90 BILLS OF SALE Cap. 43 12 otherwise the said goods and chattels shall be liable to seizure and sale under execution and in such case the mortgage shall be null and void as against subsequent purchasers and mort- gagees in good faith for valuable consideration as if never executed. CO., c. 43, s. 29. EVIDENCE. CERTIFIED COPIES. Certified 30. Copies of any instrument filled under this Ordinance, copies certified by the registration clerk, shall be received as prima facie evidence for all purposes as if the original instrument was produced and also as prima facie evidence of the execu- tion of the original instrument according to the purport of such copy and the clerk's certificate shall also be prima facie evidence of the date and hour of registration and filing. C.O., c. 43, s. 30. AFFIDAVITS. 31. All affidavits and affirmations required by this Ordinance officers for ,, ... ^ .-'. oaths may be taken and admmistered by the registration clerk or any person whether in or out of the Territories authorized to administer oaths or take aflSdavits for use in the Supreme Court of the Territories and the sum of 25 cents shall be payable for every oath thus administered. CO., c. 43, s. 31. EXPIRY ON HOLIDAY OF TIME FOR FILING. 32. Where under any provisions of this Ordinance the JxSrinron'"*^ time for registering or filing any mortgage, bill of sale, instru- ^ouday ""^ ment, document, affidavit or other paper expires on a Sunday or other day on which the office in which the registering or filing is to be made or done is closed and by reason thereof the filing or registering cannot be made or done on that day the registering or filing shall so far as regards the time of doing or making the same be held to be duly done or made if done or made on the day on which the office shall next be open. CO., c, 43, s. 32. clerk's FEES. 33. For services under this Ordinance each clerk aforesaid ^'^■''''^ fe^^ shall be entitled to receive the following fees: 1. For filing each instrument and affidavit, including the certificate on a duplicate, if any, and for entering the same in a book as aforesaid, 50 cents; 2. For filing assignment of each instrument and for making all proper endorsements in connection therewith, 50 cents; 3. For filing certificate of discharge of each instrument and for making all proper entries and endorsements connected therewith, 50 cents; 4. For searching for each paper, 25 cents; 91 13 Cap. 43 BILLS OF sale 5. For copies of any documnet filed under this Ordinance with certificate thereof, 10 cents for every hundred words; 6. For every certificate under section 27 of this Ordinance, 50 cents. CO., c. 43, s. 33. SCHEDULE. FOR]\I A. {Section 7.) Mortgage of Chattels. This Indenture made the day of A.D. 1. . . between A.B., of , of the one part, and CD., of , of the other part. Witnesseth that in consideration of the sum of $ now paid to A.B. by CD. the receipt of which the said A.B. hereby acknowledges {or ivhatever else the consideration may he) he the said A.B. doth hereby assign to the said CD., his executors, administrators and assigns all and singular the several chattels and things specifically described as follows {or in the schedule hereto annexed) bj' way of security for the payment of the sum of S . . and interest thereon at the rate of per cent, per annum {or ivhatever else may be the rate) and the said A.B. doth furthe>r agree and declare that he will duly pay to the said CD. the principal sum aforesaid together with the interest then due on the . .day of. .A.D. .. {or whatever else may be the stipulated time or titnes for 'pay- ment). And the saicl A.B. doth agree with the said CD. that he will {here insert terms as to insurance, payment of rent, col- lateral securities or otherwise which the parties may agree to for the maintenance or defeasance of the security.) Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said CD. for any cause other than those specified in section 16 of The Bills of Sale Ordinance except as is otherwise specially provided herein. In witness whereof the said A.B. has hereunto set his hand and seal. Signed and sealed by the said A.B. in the presence of me, E.F. {Add name, address and occupation A.B. of witnes-'i.) 92 BILLS OF SALE Cap.43 14 FORM B. {Section 25.) Discharge of Chattel Mortgage. To the registration clerk of the registration district of I, A.B., of do certify that has satisfied all money due on or to grow due on a certain chattel mortgage made by to which mortgage bears date the day of A.D. 1. . . and was registered {or in case the mortgage has been renewed was^renewed) in the office of the registration clerk of the registration district of on the A.D. 1. ,, as number {here mention the day and date of registration of each assignment thereof and the names of the 'parties or mention that such mortgage has not been assigned as the fact may be) and that I am the person entitled by law to receive the money; and that such mortgage is therefore discharged. Witness my hand this day of A.D. 1. . . . Witness {stating residence and\ occupation). \ A.B. E.F. ' 93 CHAPTER 44. An Ordinance respecting Hire Receipts and Conditional Sales of Goods. 'T^HE Lieutenant Governor, by and with the advice and -*• consent of the Legislative Assembly of the Territories, enacts as follows : sa°ies'of°°oods ^' Whenever on a sale or bailment of goods of the value of $15 or over it is agreed, provided or conditioned that the right of property or right of possession in whole or in part shall remain in the seller or bailor notwithstanding that the actual possession of the goods passes to the buyer or bailee the seller or bailor shall not be permitted to set up any such right of property or right of possession as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration or as against judgments, execu- tions or attachments against the purchaser or bailee unless such sale or bailment with such agreement, proviso or condition is in writing signed by the bailee or his agent and registered as hereinafter provided. Such writing shall contain such a description of the goods the subject of the bailment that the same may be readily and easily known and distinguished: Proviso Provided that nothing in this section shall apply to any bailment where it is not intended that the property in the goods shall eventually pass to the bailee on payment of pur- chase money in whole or in part or the performance of some condition by the bailee; randitTonIi''° [And provldcd further that nothing in this section shall apply in sales or bail- cases of Conditional sales or bailments of incorporated companies way companies to railway companics if the contract evidencing the conditional sale or bailment or a copy thereof certified under the hand of the president or vice-president and secretary of the company and verified by an affidavit of the secretary thereto attached or endorsed thereon, and having the corporate seal attached thereto, is filed with the registrar of joint stock companies within thirty days from the execution thereof.] CO., c. 44, s. 1; 1908, c. 20, s 2. Registration [2. Such Writing or a true copy thereof shall be registered in the office of the registration clerk for chattel mortgages in the registration district within which the buyer or bailee resides within thirty days from the time of the actual delivery of such goods to the bailee or buyer; and in the event of such goods being deliveretl in a registration district other than that in which the buyer or bailee resides at the time of such delivery such writing or a true copy thereof shall also be registered 94 LIEN NOTES Cap. 44 2 within thirty days from the time of the actual delivery of such goods in the registration district in which such goods are delivered. (2) If such goods are after the delivery thereof removed Further by the buyer or bailee into another registration district a further femovai into a registration shall be made in the registration district into which "^^^ such goods are removed within sixty days after such removal. (3) Every such agreement or a true copy thereof shall upon Affidavits of every such registration be accompanied by an affidavit of the seller or bailor or his agent stating that the written agreement annexed thereto truly sets forth the agreement entered into between the parties and that the said agreement was entered into bona fide and not for the purpose of protecting the goods mentioned therein against the creditors of the buyer or bailee.] 1908, c. 20, s. 2. 3, 4, 5. {Repealed) 1903, 2nd Session, c. 12, s. 1. 6. The seller or bailor shall upon payment or tender of the Memorandum amount due in respect of such goods or performance of the of seller conditions of the bailment sign and deliver to any person demand- ing it a memorandum in writing stating that his claims against the goods are satisfied and such memorandum shall thereupon operate to divest the seller or bailor of any further interest or right of possession if any in the said goods. Any such mem- orandum if accompanied by an affidavit of execution of an attesting witness may be registered. CO., c. 44, s. 6. 7. In case the seller or bailor shall retake possession of the Retaicing goods he shall retain the same in his possession for at least twenty days and the buyer, bailee or any one claiming by or through or under the buyer or bailee may redeem the same upon pay- ment of the amount actually due thereon and the actual neces- sary expenses of taking possession. CO., c. 44, s. 7. 8. The goods or chattels shall not be sold without five days' rive days' notice of the intended sale being first given to the buyer or J'°*^^yf |^'« bailee or his successor in interest. The notice may be per- sonally served or may in the absence of such buyer, bailee or his successor in interest be left at his residence or last place of abode or may be sent by registered letter deposited in the post office at least seven days before the time when the said five days will elapse addressed to the buyer or bailee or his successor in interest at his last known post office address in Canada. The said five days or seven days may be part of the twenty days mentioned in section 7 hereof. C.O., c. 44, s. 8. 9. Copies of any instrument filed under this Ordinance cer- Copjes^oj^^ tified by the registration clerk shall be received as prima /acie to be evident evidence for all purposes as if the original instrument were produced and also as prma facie evidence of the execution of 95 J 3 Cap. 44 LIEN NOTES the original instrument according to the purport of such copy. And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. CO., c.44, s. 9. Registration 10. The registration clerk shall be entitled to charge a fee '"■"^ of 2.5 cents for each registration; 10 cents for each search; 10 cents per 100 words for copies of documents and 2.5 cents for each certificate. CO., c. 44, s. 10. y:; CHAPTER 45. An Ordinance respecting Partnerships. (CO., c. 45.) Ohapter 5, 1908, substituted. 97 TITLE VI. RELATING TO SPECIAL RELATIONSHIPS. CHAPTER 46. Short title An Ordinance respecting Marriages. T^HE Lieutenant Governor, by and with the advice and ■*■ consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Marriage Ordinance." CO., c. 46, s. 1. Who may perform marriage ceremony Marriage ceremony not to be performed without Ucense or banns AA'itnesses Registration SOLEMNIZ.\TIOX OF MARRIAGE. 2. The ministers and clergymen of every church or religious denomination duly ordained or appointed according to the rites and ceremonies of the churches, denominations or religious bodies to which they respectively belong and com- missioners and staff officers of the Salvation Army may by virtue of such ordination or appointment and according to the rites and usages of such churches, denominations or relig- ious bodies respectively and commissioners appointed for that purpose by the Lieutenant Governor in Council may solemnize or perform the ceremony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. CO., c. 46, s. 2. 3. [Except as hereinafter provided] no marriage commis- sioner shall solemnize marriage unless the parties to the intended marriage produce to him the license provided for by this Ordinance; and no minister or clergyman or other per- son authorized to perform the ceremony or marriage shall solemnize marriage unless the parties to the intended marriage produce to him such license or unless the intention of the two persons to intermarry has been proclaimed by publication of banns at least thrice openly on two successive Sundays in some public religious assembly. C 0., c. 46, s. 3; 1901, c. 17, s. 1. 4. All marriages shall be solemnized in the presence of two or more credible witnesses besides the minister, clergyman, marriage commissioner or other person performing the cere- mony; and every person solemnizing the marriage shall register the same according to the provisions of The Vital Statistics Ordinance. CO., c. 46, s. 4. 98 MARRIAGE Cap. 46 2 5. No person duly authorized who solemnizes a marriaee in No action « . ^ '^ tD against person coniormity with the provisions of section 2 of this Ordinance soiemnmng shall be subject to any action or liability for damages or other- wise by reason of tliere having been any legal impediment to the marriage unless at the time when he performed the cere- mony he was aware of the impediment. CO., c. 46, s. 5. ISSUE OF MARRIAGE LICENSES. 6. Marriage hcenses shall be in form A in the schedule touce^^i this Ordinance and shall be supplied from the department of the [Territorial Secretary] and shall be issued to persons requir- ing the same by such persons as the Lieutenant Governor in Council may name for that purpose. CO., c. 46, s. 6; 1903 (1st Session), c. 11, s. 3. 7. Such licenses shall be signed by the [Territorial Secreatry] sitnature of and shall be and remain valid notwithstanding that the [Ter- ritorial Secretary] has ceased to hold ofhce before the time of the issue of the Hcense. CO., c. 46, s. 7; 1903 (1st Session), c. 11, s. 3. 8. Every issuer of marriage hcenses shall sign each license signature DV lSSlI6r as the same is issued by him. CO., c. 46, s. 8. 9. Before a license is granted by any issuer one of the parties pr^ir^t^' grant to the intended marriage shall personally make an affidavit °^ license before Mm to the effect of form B in the schedule hereto. (2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for either of the parties to be married to attend personally before an issuer of marriage hcenses: Provided always that the reason that neither party can so 'attend shall be set forth in such affidavit as a justification for the issuer granting license without a personal application by one of said parties. CO., c. 46, s. 9. 10. In case the issuer has knowledge or reason to suspect Further that any of the statements in the affidavit of any applicant for bl'^qufrS^^ a marriage license are not correct the said issuer shall require further evidence to his satisfaction before issuing the Hcense; and a copy of all such affidavits and evidence shall be placed on file in his office. CO., c. 46, s. 10. 11. The father, if living, of any person under twenty-one 5i,™ri"ge'of years of age (not being a widower or widow) or if the father i==i°°''s is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknow- ledged guardian who may have brought up or for three years immediately preceding the intended marriage , supported or protected the minor shall have authority to give consent to such marriage. 99 Cap. 46 MARRIAGE Consent dispensed with Quarterly returns of licenses issued [(1) Any female over the age of eighteen years who is living apart from her parents or guardians and earning her own live- lihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts constituting such excuse shall be set forth in the affidavit required by sec- tion 9 hereof.] CO., c. 46, s. 11; 1903 (IstSession), c. 11, s. 1. 13. Every issuer of marriage licenses shall on the fifteenth day of January, April, July and October in each year make a sworn return to the [Territorial Secretary] of all licenses issued by him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each instance. The said return shall further state the number of unissued licenses in the custody of the issuer and shall be made in the form pre- scribed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may in special cases dispense with the provisions of this section and may make regulations for special returns to be made in such cases. CO., c. 46, s. 12; 1903 (1st Session), c. 11, s. 3. 13. Every issuer of marriage licenses shall whenever called upon by the [Territorial Secretary] make a sworn return of all licenses at any time supplied to him and shall return all unissued licenses if so required. CO., c. 46, s. 13; 1903 (IstSession), c. 11, s. 3. 14. There shall be payable to every issuer of marr"age licenses on the issue of each license by him 'the sum of $3 of which such issuer shall be entitled to retain $1 as his fee; the remainder he shall pay over to the Territorial Treasurer at the time of each return made by such issuer to form part of the revenue of the Territories. C.O., c. 46, s. 14. i^s°uTof"iicenses 15. Any pcrsou unlawfully issuing a marriage license sup- i°zation™f" plied from the department of the [Territorial Secretary], any issuer of marriage licenses granting a license without first having obtained the affidavit required by this Ordinance, and any person solemnizing a marriage contrary to the provisions of this Ordinance shall, on summary conviction thereof before two justices of the peace, for every such contravention forfeit and pay a fine not exceeding $100 and costs of prosecution. CO., c. 46, s. 15; 1903 (1st Session), c. 11, s. 3. Return of unissued licenses Fees for licenses Penalty [civil marriage.] Civil marriage notice to commissioner [16. In the event of any parties objecting to or not being desirous of adopting marriage by a clergyman or minister of any religious denomination then and in that case notice in writing in form C of the schedule hereto must be given by one of the parties to the marriage commissioner where such parties 100 JUL m!M2 MARRIAGE LA^C^jS^^^^^i propose to marry at least fourteen clear days immediately preceding the day of the intended marriage and a declaration of nondisqualification in form D of the schedule hereto must be made and signed by each of the parties so proposing to marry; and forthwith upon receipt of such notice and declara- tion the same shall be entered upon a book to be kept for that purpose by the marriage commissioner in his office which shall be open to the inspection of the pubUc] 1901, c. 17, s. 2. [17. Upon the due compliance of the parties with the pro- ce°rtiffcate""'^'^ ~ visions of the last preceding section the marriage commis- sioner shall if required give a certificate of such compliance in form E of the schedule hereto.] 1902, c. 17, s. 3. commissioner [18. After the expiration of the said period of fourteen days Mamage by marriage may be contracted in the office of and solemnized by"^ the said marriage commissioner according to the form and in the manner hereinafter mentioned but not otherwise — (a) Provided that the marriage shall be contracted with open doors in the presence of two or more credible witnesses besides the marriage commissioner; {b) Provided further that in the presence of such marriage commissioner and witnesses each of the parties shall declare: "I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to CD." and each of the parties shall say to the other: "I call upon these persons here present to witness that I, A.B., do take thee, CD., to be my lawful wedded wife {or husband);" (c) Provided also that there be no lawful impediment to the lawful marriage of such parties.] 1901, c. 17, s. 4. [QUAKERS OR DOUKHOBORTSI.] [19. Nothing in this Ordinance shall be construed as in any way preventing the people called Quakers or Doukhobortsi from celebrating marriage (whether either or both parties shall be of the people called Quakers or Doukhobortsi respect- ively) according to the rights and ceremonies of their own religion or creed. (2) Subject to the following provisions all such Quakers or Doukhobortsi desirous of being married according to the rites and ceremonies of their own reUgion or creed shall not less than eight days before such marriage is solemnized give notice in writing to be signed by one of the parties in form C of the schedule hereto to a marriage commissioner of their intention to have such rite or ceremony performed; and forthwith after the performance of the said rite or ,ceremony shall make and sign a declaration in form F of the schedule hereto which said declaration shall be signed by both the parties to the marriage 101 Cap. 46 MARRIAGE SO conti'actecl in the presence of two witnesses who shall each severally attest such declaration by their signatures; and such declaration shall within eight days be delivered by one or other of the parties so married to the marriage commissioner to whom the aforesaid notice was given. (3) The marriage commissioner shall upon receipt of the said declaration forthwith transmit the aforesaid notice of intention and declaration to the registrar of the division for the registration of births, marriages and deaths within which the said marriage was solemnized; and such registrar shall deal with the said notice and declaration in the manner in which it is provided by The Vital Statistics Ordinance that such registrar shall deal with the forms containing the original entries of marriages reported to him during the month then current.] 1901, c. 17, s. 5. [marriages heretofore solemnized.] [30. Every marriage heretofore solemnized between persons not under legal disqualification to contract such marriage shall be deemed a valid marriage so far as respects the civil rights of the North- West Territories of the parties of their issue and in respect of all matters within the jurisdiction of the Legis- lative Assembh' of the North-AYest Territories notwithstanding that the person who solemnized such marriage was not duly authorized to solemnize marriage and notwithstanding any irregularity or insufSciency in the publication of banns or in the issue of license or notwithstanding the entire absence of either : Provided that the parties after such solemnization lived together and cohabited as husband and wife.] 1901, c. 17, s. 6. SCHEDULE. FORM A. CANADA \ North-West Territories j These are to certify that A.B., of and CD., of , being minded as it is said to enter into the contract of marriage and being desirous of having the same duly solemnized the said A.B (or CD.) has made oath that he (or she) believes that there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. 102 MARRIAGE Cap. 46 And these are therefore to certify that the requirements in this respect of the Ordinance respecting marriages have been complied with. i \-xK'^T\-^^^ Given under my hand at Regina in the North- West Terri- tories this day of A.D. 1.... [Territorial Secretary] Issued at in the North-West Territories this day of....' A.D.I Issuer. CO., c. 46, form A; 1903 (1st Session), c. 11, s. 3. FORM B. I, A.B., Bachelor {or [as the case may be]) or CD Spinster {or [as the case may be]) make oath and say as follows : 1. I and CD., of , Spinster {or [as the case may be]) (or A. 5., of , Bachelor {or [as the case may be]) are desirous of entering into the contract of marriage and of having our marriage duly solemnized at 2. According to the best of my knowledge and beUef there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnization of the said marriage. 3. I am of the age of. . . .years and the said CD. {or A.B.) is of the age of . . . .years. 4. {In case one of the parties is under the age of twenty-one years add) E.F., of , is the person whose consent to the said marriage is required by law and the said E.F. has formally consented to the said marriage. {Or if both parties are under age.) E.F., of. . ., and G.H., of , are the persons whose consent to the said marriage is required by law and the said E.F. and G.H. have formally consented to the said marriage. {Or if in the case of one of the minors there is no person whose consent is required by law add according to the facts) The father of the said CD. {or A.B.) is dead and the mother of the said CD. {or A.B) is dead and the said CD. {or A.B) having no lawfully appointed or acknowledged guardian there is no person who has authority to give consent to the said marriage. 103 Cap. 46 MARRIAGE {In case both the parties are minors and there is no person whose consent is required by laiv add a similar statement con- cerning the other party according to the facts.) (Signed) A.B. (or CD.) Sworn before me at in the North- West Territories this day of . . . .A.D. 1.... j {Signed I.J. j CO., c. 46, form B; 1903 (1st Session), c. 11, s. 2. [FORM C. Notice of Marriage. To of Marriage Commissioner. I hereby give you notice that a marriage is intended to be had on the day of 19 ... . between me and the other party described and named herein. Name Condition Rank or Profession Age Dwell' ng Place Witness my hand this . ....day of 19... (Signed) A.B.] 1901, c. 17, form C. [FORM D. Declaration of Nondisqualification. We severally do solemnly declare that we know of no lawful impediment of kindred or aUiance or other lawful hindrance why we may not be joined in matrimony. of of 1....] 1901, c. 17, form D. 104 MARRIAGE [FORM E. Marriage Commissioner's Certificate. Cap. 46 m the I, , marriage commissioner, North-West Territories, do hereby certify that on the day of 19 ... . notice was duly entered in the marriage notice book Icept by me of the marriage intended between the parties therein named and described, delivered under the hand of one of the parties that is to say — Name Condition Rank or Profession Age Dwelling Place Date of notice entered. . . . Date of certificate given Witness my hand at . . day of .190. . ...190. .this 190. Marriage Commissio7ier.] 1901, c. 17, form E. [FORM F. Declaration of Marriage. We, the persons hereinafter described, declare that marriage according to the rites and ceremonies of the people called (Quakers or Doukhobortsi, as the case may he) was contracted by us this day of 190. .. . and we each severally further declare that we know of no lawful impediment of kindred or allianpe or other lawful hindrance why we A.B., and CD., may not be joined in matrimony.] 1901, c. 17, form F. 105 CHAPTER 47. An Ordinance respecting the Personal Property of Married Women. TPHE Lieutenant Governor, by and with the advi,ce and consent of the Legislative Assembly of the Territories, enacts as follows : Personal 1. A married woman shall in respect of personal property married bs Under uo disabilities whatsoever heretofore existing by reason of her coverture or otherwise but shall in respect of the same have all the rights and be subject to all the liabilities of a feme sole. CO., c. 47, s. 1. women 10() Parent CHAPTER 48. An Ordinance respecting Compensation to the Families of Persons Killed by Accidents. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : l._ The following words and expressions shall have in this i°'«'^'-^*^''°" Ordinance the meanings hereby assigned to them respectively so far as such meanings are not excluded by the context or by the nature of the subject matter: 1. "Parent" shall include father, mother, grandfather, grandmother, stepfather, stepmother; and 2. "Child" shall include son, daughter, grandson, grand- *^^"'* daughter, stepson, stepdaughter. CO., c. 48, s. 1. 2. Whenever the death of a person has been caused by such compensation wrongful act, neglect or default as would (if death had not ''"''"'^"'''''^ ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the per- son who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the party injured. CO., c. 48, s. 2. 3. Every such action shall be for the benefit of the wife, ^'^°j,*p ^eneat husband, parent, child, brother or sister of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased and in every such action the court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. CO., c. 48, s. 3. 4. Not more than one action shall lie for and in respect ofofTitfon" the same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. CO., c. 48, s. 4. 107 I nterpr^lr.ti n CHAPTER 49. An Ordinance respecting Insurance for the benefit of Wife and Children. 'T*HE Lieutenant Governor, by and with the advice and -•- consent of the Legislative Assembly of the Territories, enacts as follows : 1. In this Ordinance "maturity of the policy" or "maturity of the contract," means the happening of the event or the expiration of the term at which the benefit under the policy or contract accrues due. CO., c. 49, s. L nsure^for" ""^ 2. Any persou may insure his life for the whole term thereof or"chikiren"''^or for any definite period for the benefit of his wife and children or of his wife and some one of his children or of his children only or of some one of them and where the insurance is effected for the benefit of more than one he may apportion the amount of the insurance money as he may deem proper. CO., c. 49, s. 2. May be in 3. Thc insuraucB may be effected either in the name of the orlmsLr^" person whose life is insured or in the name of his wife or of anv other person (with the assent of such other person) as trustee. CO., c. 49, s. 3. brdectoecTfo^ ^- ^^ ^^^^ ^ policy or written contract of life insurance effected )'r"widren"'^°^y a man on his life, is expressed upon the face of it to be for the benefit of his wife or his wife and children or any of them or in case he has heretofore endorsed or may hereafter c ndorsc or by any writing identifying the policy by its number or otherwise has made or may hereafter make a declaration that the poHcy is for the benefit of his wife or of his ^^■ife and children or any of them such policy shall enure and be deemed a trust for the benefit of his wife for her separate use and of his children or any of them according to the intent i-o expressed or declared and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors or form part of his estate when the sum secured by the policy or written contract becomes payable but this shall not be held to interfere with any pledge of the policy to any person prior to such declar- ation. (2) In case of a policy or written contract of life insurance effected before marriage a declaration under this section shall be and be deemed to have been as valid and effectual as if such policy or contract has been effected after marriage but 108 :.-Ual OF WIFE AND CHILDREN Cap. 49 2 nothing herein contained shall affect any action or proceeding now pending. CO., c. 49, s. 4. 5. The insured may by an instrument in writing attached ^pp"^'^"^™!^^ to or endorsed on or identifying the policy by its number or otherwise, vary an apportionment previously made so as to extend the benefits of the policy to the wife or the children to one or more of them although the policy is expressed to be for the benefit of the wife alone or the child or children alone or although a prior declaration was so restricted; and he may also apportion the insurance money among the persons intended to be benefited; and may from time to time by an instrument in writing attached to or endorsed on the policy or referring by mlf ""'"''"' to the same alter the apportionment as he deems proper; he may also by his will majke or alter the apportionment of the insurance money; and an apportionment made by his will shall prevail over any other made before the date of the will except so far as such other apportionment has been acted on before notice of the apportionment by the will. (2) This section applies to policies heretofore issued as well as to future policies. CO., c. 49, s. 5. 6. Where no apportionment is made all persons entitled to provision be benefited by the insurance shall be held to share equally Tp'^p^ortkinin nt in the same; and where it is stated in the policy or declaration that the insurance is for the benefit of the wife and children generally or of the children generally without specifying the names of the children the word children shall be held to mean all the children of the insured living at the maturity of the policy whether by his then or any former wife and the wife to benefit by the policy shall be the wife living at the maturity thereof. CO., c. 49, s. 6. 7. Any such policy may be surrendered or assigned : surrender or assignment (a) Where the policy is for the benefit of children only °^ p"''"^ and the children surviving are of the full age of twenty- one years if the person insured and all such surviving children agree to so surrender or assign ; or (b) Where the poUcy is for the benefit of both a wife and children and the surviving children are all of the full age of twenty-one years if the person insured and his then wife if any and all such surviving children agree to so surrender or assign ; or (c) Where the policy is for the benefit of a wife only or of a wife and children and there are no children living of the person insured and his then wife agrees to so surrender or assign. CO., c. 49, s. 7. 8. Where an apportionment as in sections 2 and 5 hereof ^PP"^''''''"^^ provided for has been made if one or more of the persons in 109 Cap. 49 INSURANCE FOR THE BENEFIT Death of beneficiary before person insured whose favour the apportionment has been made die in the hfe- time of the insured the insured may by an instrument in writ- ing attached to or endorsed on or otherwise referring to and identifying the policy of insurance declare that the share for- merly apportioned to the person so dying shall be for the benefit of such other person or persons as he may name in that behalf not being other than the wife and children of the insured and in default of any such declaration the share of the person so dying shall be the property of the insured and may be dealt with and disposed of by him as he may see fit and shall at his death form part of his estate. CO., c. 49, s. 8. No 9. AYhere no apportionment as in sections 2 and 5 hereof apportionment pj-Qyi(j[g(j fgr has been made if one or more of the persons entitled to the benefit of the insurance die in the lifetime of the insured Death of beneficiary and no apportionment is subsequently made by the insured the insurance shall be for the benefit of the survivor or of the survivors of such persons in equal shares if more than one; and if all the persons so entitled die in the hfetime of the insured the policy and the insurance money shall form part of the estate of the insured ; or after the death of all the persons entitled to such benefit the insured may by an instrument executed as aforesaid make a declaration that the policy shall be for the benefit of his then or any future wife or children or some one of them. CO., c. 49, s. 9. Payment of insurance money 10. AYhen the insurance money becomes due and payable it shall be paid according to the terms of the policy or of any declaration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as herein provided. CO., c. 49, s. 10. Insurance for children Proof to be adduced 11. Where the insurance money or part thereof i.s for the benefit in whole or in part of the children of the insured and the children are mentioned as a class and not by their indi- vidual names the money shall not be payable to the children until reasonable proof is furnished to the company of the number, names and ages of the children entitled. C.O., c. 49, s. 11. Appoin of triul tment pes 12. The insured may by the policy or by his will or by any writing under his hand appoint a trustee or trustees of the money payable under the policy and may from time to time revoke such appointment in like manner and appoint a new trustee or new trustees and make provision for the appoint- ment of a new trustee or trustees and for the investment of the money payable under the policy. Payment made to such trustee or trustees shall discharge the company. CO c 49, s. 12. 110 OF WIFE AND CHILDREN Cap. 49 13. If no trustee is named in the policy or appointed as^J-y"^™* wiiGrG no mentioned in section 12 hereof to receive the shares to which trustees infants are entitled their shares may be paid to the executors of the last will and testament of the insured or to a guardian of the infants duly appointed by the Supreme Court of the North-West Territories or a judge thereof upon the applica- tion of the wife or of the infants or their guardian and such payment shall be a good discharge to the insurance company. CO., c. 49, s. 13. 14. Any trustee named as provide^ for in the last preceding i°^^«^=t™™* two sections and any executor or guardian may invest the money received in government securities or municipal or school debentures or in mortgages of real estate or in any other manner authorized by the will of the insured and may from time to time alter, vary and transpose the investments and apply all or any part of the annual income arising from the share or presumptive share of each of the children in or towards his or her maintenance and education in such manner as the trustee, executor or guardian thinks fit and may also advance to and for any of the children notwithstanding his or her minority the whole or any part of the share of the child of and in the money for the advancement or preferment in the world or on the marriage of such child. CO., c. 49, s. 14. 15. A guardian appointed as provided in section 13 hereof security by shall give security to the satisfaction of the court or judge for the faithful performance of his duty as guardian and for the proper application of the money which he may receive. Where the amount of , the insurance money payable to a guardian of infants does not exceed $400 and probate is sought in respect of a will for the sole purpose of obtaining insurance money to an amount not exceeding $40" the fees payable on the appoint- ment of such guardian or execujtor shall be $4 and no more and such fees shall be regulated in the manner prescribed. CO., c. 49, s. 15. 16. If there is no trustee, executor or guardian competent to?|y^^'^^*°f receive the share of any infant in the insurance money and ^°°^5^ij'^*°^ the insurance company admits the claim or any part thereof no trustee, the company at any time after the expiration of two months from the date of their admission of the claim or part thereof may obtain an order from the Supreme Court of the North- West Territories or a judge thereof for the payment of the share of the infant into court; and in such case the costs of the application shall be paid out of the share (unless the court or judge otherwise directs) and the residue shall be paid into court pursuant to the order; and such payment shall be a suffi- cient discharge to the company for the money paid; and the money shall be dealt with as the court or judge may direct. Ill Cap. 49 'i INSURANCE FOR THE BENEFIT Order for payment of insurance Costs (2) If the company does not within four months from the time the claim is admitted either pay the same to some person competent to receive the money under this Ordinance or pay the same into the Supreme Court the said court or judge thereof may upon application made by some one competent to receive the said money or by some other person on behalf of the infant order the insurance money or any part thereof to be paid to any trustee, executor or guardian competent to receive the same or to be paid into court to be dealt with as the court or judge may direct and any such payment shall be a good discharge to the company. (3) The court or judge may order the cost of the applica- tion and any cost incidental to establishing the authority of the party applying for the order to be paid out of such moneys or by the company or otherwise as may seem just and the court or judge may also order the costs of and incidental to obtaining out of court moneys voluntarily paid in by a com- pany to be paid out of such moneys. CO., c. 49, s. 16. Surrender of 17. If a pcrson who ha^s heretofore effected or who here- up poiic" ^^^ after effects an insurance for the purpQses contemplated by this Ordinance whether the purpose appear^ by the terms of the policy or by endorsement thereon or by an instrument referring to and identifying the policy finds himself unable to continue to meet the premiums he may surrender the policy to the company and accept in lieu thereof a paid up policy for such sum as the premiums paid would represent payable at death or at the endowment age or otherwise (as the case may be) in the same manner as the money insured by the original poUcy if not surrendered would have been payable; and the company may accept the surrender and grant the paid up policy notwithstanding any declaration or direction in favour of the wife and children or any of them. CO., c. 49, s. 17. paymSt ot^"'^ 18. The persou insured may from time to time borrow from premiums ^^g compauy iusuring or from any other company or person on the security of the policy such sums as may be necessary and the same shall be applied to keep the poUcy in force on such terms and conditions as may be agreed on; and the sums so borrowed together with such lawful interest thereon as may be agreed upon shall so long as the policy remains in force be a first lien on the policy and on all moneys payable thereunder notwithstanding any declaration or direction in favour of the wife or children or any or either of them C c. 49, s. 18. ■ Bonuses and profits 19. Any person insured under the provisions of this Ordi- nance may in writing require the insurance company to pay the bonuses or profits accruing under the policy or portions of the same to the insured; or to apply the same in reduction of the annual premiums payable by the insured in such way 112 OF WIFE AND CHILDREN Cap. 49 as he may direct; or to add the said bonuses or profits to the pohcy; and the company shall pay or apply such bonuses or profits as the insured directs and according to the rates and rules established by the company : Provided always that the company shall not be obliged to pay or apply such bonuses or profits in any other manner than stipulated in the policy or the application therefor. CO:, c. 49, s. 19. 20. In case of several actions being brought for insurance s^vera^ money the court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect of the shares of all the persons entitled under a policy. If an action . is brought for the share of one or more infants entitled all the other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The per- sons entitled to receive the shares of the infants may join with any adult person claiming shares in the policy. In all actions where several persons are interested in the money the court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and relief. CO., c. 49, s. 20. iiiKuiaripn company 31. No declaration or appointment affecting the insurance Ncjti money or any portion thereof nor any appointment or revoca- tion of a trustee shall be of any force or effect as respects the company until the instrument or a duplicate or copy thereof is deposited with the company. Where a declaration or endorse- ment has been heretofore made and notice has not been given the company may until they receive notice thereof deal with the insured or his executors, administrators or assigns in respect of the policy in the same manner and with the like effect as if the declaration or endorsation had not been made. CO., c. 49, s. 21. 23. If the policy was effected and premiums paid by the creditors' insured with intent to defraud his creditors the creditors shall be entitled to receive out of the sum secured an amount equal to the premiums so paid. CO., c. 49, s. 22. 33. Nothing contained in this Ordinance shall be held or i^?erference construed to restrict or interfere with the right of any person ^^^^^Jj^f^f to effect or assign a policy for the benefit of his or her father, |ssignment, mother, husband, or wife or children or some one of them in any other mode allowed by law. CO., c. 49, s. 23. 34. Where all the persons entitled to be benefited whether surrender or by original insurance, by written declaration or instrument poul^™™' "' of variation or apportionment under any policy are of full 113 succession 7 Cap. 49 INSURANCE FOR THE BENEFIT age they and the person insured may surrender the policy or assign the same either absolutely or by way of security. C.O., c. 49, s. 24. entSi^din 35. Where any policy of insurance or written contract of life insurance or the declaration endorsed upon or attached to any policy of insurance to which this Ordinance applies whether such declaration has heretofore been or shall here- after be made provides that the policy shall be for the bene- fit of a person and in the event of the death of such person for the benefit of another person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the person entitled to be benefited under such policy. CO., c. 49, s. 25. 114 CHAPTER 50. An Ordinance respecting Masters and Servants. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : [1. Every contract or hire of personal service shall be sub- ^•J^^g''''*^ °^ ject to the provisions of this Ordinance and if such contract is for any period more than one year it shall be in writing and signed by the contracting parties.] 1904, c. 3, s. 1. [3. Any person engaged, bound or hired whether as clerk, Misconduct of journeyman, apprentice, servant, labourer or otherwise how-^^'^'"'* soever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissipating his employer's property or effects shall be deemed guilty of a vio- lation of his contract and upon summary conviction of one or more of the said violations forfeit and pay such sum of money not exceeding $30 as to the justice or magistrate seems meet together with costs of prosecution; and in default of payment P«"^'*y thereof forthwith shall be imprisoned for any period not exceed- ing one month unless the fine imposed and costs together with the costs of commitment and conveying such convicted person to the place of imprisonment be sooner paid.] 1904, c. 3, s. 2. [3. Any justice upon oath of any employee, servant or labourer on°nonp™y-^ complaining against his master or employer concerning any '"®'^* °^ ™^^^ nonpayment of wages (not exceeding two months wages the same having been first demanded) illusage or improper dis- missal by such master or employer may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall examine into the matter of the complaint whether the master or employer appears or not; and upon due proof of the cause of complaint the justice may discharge the servant or labourer from the service or employment of the master and may direct the payment to him of any wages found to be due (not exceeding two months wages as aforesaid) together with costs of prosecution the same to be levied by distress and sale of the goods and chattels of such master or employer. (2) In the event of the said justice determining that the Four weeks' servant or labourer has been improperly dismissed from the Xwe™^^ '"' service of the master or employer he may in addition to directing the payment to him of any wages found to be due (not exceeding 115 Cap. 50 MASTEES AND SERVANTS Clerk shall enter complaint as an action two months wages as aforesaid) direct such master or employer to pay such servant or labourer such further amount as to him may seem reasonable but not exceeding in any event four weeks' wages at the rate at which he was being paid by his master or employer when improperly dismissed as aforesaid together with the costs of prosecution the same to be levied by distress and sale of the goods and chattels of such master or employer. bremploy™ (3) If upon the inquiry by the justice it is made to appear by the oath of the master or employer or some person acquainted with the facts that such master or employer would or might be entitled to a claim in a civil action by the complainant for the recovery of the wages claimed to be due for services rendered or for improper dismissal or both by way of set off , , or counterclaim the justice shall not further inquire into the Papers to be J . . ^ . , , transmitted to matter but shall forthwith transmit the mformation and other papers connected therewith to the clerk or deputy clerk of the [District] Court in whose district or subjudicial district respect- ively the matter arose. 1909, c. 4, s. 4. (4) The clerk or deputy clerk upon receipt of the said infor- mation and papers shall immediately enter the complaint as an action under order 47 of the Rules of Court and the information or complaint shall be considered a statement of claim and the statement under oath of the master or servant or other person of the dispute. Procedure on (5^ r^}^^ f^\^j.]^ qj. deputy clerk shall thereupon forthwith submit the papers to the judge who shall fix a day for the trial of the said complaint and the procedure thereupon shall be the procedure provided by said order 47. Judgment (-g") jjj ^]^q event of the judgment upon the trial by the judge being in favour of the complainant such judgment may be enforced by distress warrant or otherwise in the same manner as if it had been made by the justice before whom the com- plaint was laid.] 1904, c. 3, s. 3. fo'r™ins°titut\ng L"*- Procccdings may be taken under this Ordinance within proceedings thrcc mouths after the engagement or employment has ceased or been terminated or within three months after the last instal- ment of wages under the agreement of hiring has become due whichever shall last happen.] 1904, c. 3, s. 4. Ordinance [5. The provisious of tMs Ordinance shall be held to apply contracts" in the Territories to contracts and agreements made at any ?erritorief''' placc outside the same.] 1904, c. 3, s. 5. preserve ''^ [6. Nothiug lu thls Ordinance shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or n-.asters may have against 116 MASTERS AND SERVANTS Cap. 50 servants or emplo^^ees or which servants or employees may have against their masters or employers.] 1904, c. 3, s. 6. [7. The term "master" or "employer" wherever used in Master . . • • or GmplovGi' this Ordinance shall include a corporation as well as an individual or partnership.] 1904, c. 3, s. 7. 117 CHAPTER 51. An Ordinance respecting the Legal Profession and the Law Society of the Territories. (CO., c. 51.) Chapter 20, 1907, substituted; amended 1908, c. 20, s. 29- 1909, c. 5, s. 14. 118 CHAPTER 52. An Ordinance respecting the Medical Profession. (CO., c. 52.) Chapter 28, 1906, substituted; amended 1908, c. 20, s. 31; 1910 (2nd Session), c. 2, s. 14. 119 CHAPTER 53. An Ordinance respecting Dentistry. (1903, 2nd Session, c. 16.) Chapter 22, 1906, substituted; amended 1908, c. 20, s. 13. 120 CHAPTER 54. An Ordinance respecting Chemists and Druggists. (CO., c. 54.) Chapter 38, 1910 (2nd Session), substituted. 121 CHAPTER 55. An Ordinance respecting Veterinary Surgeons. (CO., c. 55.) Chapter 57, 1906, substituted. 122 CHAPTER 56. An Ordinance respecting Hotel and Boarding House Keepers. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts af follows : SHORT TITLE 1. This Ordinance may be cited as "The Hotelkeepers' Ordi- ^''"* '"'" nance." CO., c. 56, s. 1. LIEN OF HOTEL OR BOARDING HOUSE KEEPER. 2. Any hotel, boarding or lodging house keeper may seize de&on and and detain in his hotel, house, or on his premises, and before ^f'fg3^gf°°'^= the same shall have been removed therefrom, the trunks and ^^^eUed ^for personal property of any person who is indebted to him for board and lodgings and shall be responsible for the safe keep- ing of the same; and in addition to all remedies provided by law he shall have the right in case the charges remain unpaid for three months after the seizure thereof to sell by public auction the baggage and property of such guest, boarder or lodger, so seized, on posting and keeping posted during the period of one week on the outside of the door of such hotel, boarding or lodging house a notice of such intended sale, stat- ing the name of the guest, boarder or lodger, the amount of his indebtedness, a description of the baggage or other prop- erty to be sold, the time and place of sale, and the name of the auctioneer, and after such sale, such inn, hotel, boarding or lodging house keeper may apply the proceeds of such sale in payment of the amount clue to him as aforesaid and the costs of such advertising and sale ; and he shall pay over the Disposition surplus if any to the person entitled thereto on application °f ^"'p'""^ being made by him therefor; and in case application therefor be not forthwith made he shall immediately pay the same to the Territorial Treasurer, to be kept by him for such owner for one year, after which time if such owner has not previously claimed the amount so kept the same shall form part of the general revenue fund of the Territories. CO., c. 56, s. 2. 3. No hotel, boarding or lodging house keeper shall have a No lien for right to detain the trunks or personal property of any one, or '''""'^^ to have a lien thereon, for wines or spirituous or fermented liquors supplied to him or to any one else by his order. CO., c. 56, s. 3. 123 Cap. 56 HOTELKEEPERS LIABILITY OF HOTEL KEEPER. Limitation of 4. No hotel keeper shall after the coming into force of this hoteikeeper in Ordinance be liable to make good to any guest of such hotel cases i^ggpgj. g^jjy iQgg Qf Qp injury to goods or property brought to his hotel (not being a horse or other live animal or any .g;ear appertaining thereto or any carriage) to a greater amount than $200 except in the following cases, that is to say: 1. AYhen such goods or property shall have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ; 2. When such goods or property shall have been deposited expressly for safe custody with such hotel keeper: Provided always that, in case of such deposit it shall be lawful for such hotel keeper if he thinks fit to require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. CO., c. 56, s. 4. Refusal of hoteikeeper to receive goods into safe custody 5. If any hotel keeper shall refuse to receive for safe cus- tody as before mentioned any goods or property of his guest, or if any such guest shall through any default of the hotel keeper be unable to deposit such goods or property as afore- saicl, the hotel keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. CO., c. 56, s. 5. ORDINANCE TO BE POSTED. This Ordinance to be posted in hotels 6. Every hotel keeper shall cause to be kept conspicuously posted in the office and public rooms in his hotel a copy of this Ordinance printed or plainly written, and he shall be entitled to the benefits of this Ordinance in respect of such goods or property only as shall be brought to his hotel while such copy shall be so posted as aforesaid. CO., c. 56, s. 6. 124 CHAPTER 57. An Ordinance respecting Keepers of Livery, Boarding and Sale Stables. 'Y^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Livery Stable Keepers' short title Ordinance." CO., c. 57, s. 1. INTERPRETATION . 3. In this Ordinance unless the context otherwise requires : i°*^''P''®*='*'°" 1. The expression "livery stable keeper" means and includes Live'-y ■1 ^ . , ^ . -, , , stable keeper any person who lor a money consideration or the equivalent thereof carries on the business of letting or hiring out car- riages, sleighs, or other vehicles, or horses or other animals, whether with or without a carriage, sleigh or other vehicle, and whether accompanied by an employee of the livery stable keeper or not; 2. The expression "boarding stable keeper" means and fj°|^f ^f^p,,^ includes any person who, for a money consideration or its equivalent, stables, boards or cares for any animal; 3. The expression "sales stable keeper" means and includes ftabie keeper any person who stables, boards or cares for any animal other than his own, with the intention of seUing or disposing of the same, and who receives or is to receive payment for such ser- vices whether in the nature of a commission or otherwise. CO., c. 57, s. 2. LIEN OF STABLE KEEPER. ENFORCEMENT. 3. Every livery stable, boarding stable or sales stable keeper Lien on shall have a lien on the animals and effects hereinafter men- IsSts tioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in addition to all other remedies provided by law may detain in P^'g^j^J^Sei" his custody and possession any animal, vehicle, harness, fur- nishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for stabling, boarding or caring for such animals. CO., c. 57, s. 3. 4. Every livery stable, boarding stable or sales stable keeper ^n[^°,g ^^^ who has exercised the right of detention by this Ordinance effects provided shall be obliged to keep in his possession and be res- 125 Cap. 57 LIVERY STABLE KEEPERS Sale by public auction Notice of sale ponsible for the proper care of any animal or effects detained by him for the full period of such detention unless they shall sooner be released; and if the owner does not reclaim the animals and effects so detained by paying the indebtedness in respect of the same within one month from the commencement of such detention, the keeper detaining may sell or cause the same to be sold by pubhc auction on giving two weeks' notice of sale by advertisement in the newspaper published nearest to such stable, or if more than one newspaper be published in the same locality, then in either one and by posting up notices in the nearest post office and in the said livery or boarding stable of the intended sale, stating (if known) : (a) The names of the owner and the person or persons who brought such animals or effects to the stable; {b) The amount of indebtedness and charges for detention; (c) A description of the animals and effects; and (d) The name of the seller. CO., c. 57, s. 4. Application of proceeds of sale 5. The proceeds derived from such sale shall be applied: (a) In paying the expenses incurred by such detention, advertising and sale ; (b) In paying the debt for which such detention was made ; and the surplus if any shall be paid to the person entitled thereto on application being made by him therefor. CO., c. 57, s. 5. Balance of proceeds if not claimed to be handed to Territorial Treasurer 6. In case such owner does not apply for the same within one month from the day of such sale then such surplus shall be handed over to the Territorial Treasurer to be kept by him in a special trust account for one year, after which time if such owner does not appear or claim the amount so kept the same shall be paid over and belong to the general revenue fund of the Territories. CO., c. 57, s. 6. ORDINANCE TO BE POSTED. Copy of Ordinance to be posted in stable 7. It shall be the duty of every livery stable, boarding stable and sales stable keeper to have a copy of this Ordinance hung or posted in a conspicuous place in every such stable and in default of compliance with this section he shall not be entitled to the benefit of this Ordinance. CO., c. 57, s. 7. PERIODICAL CLEANSING OF STABLE. Stable to be thoroughly cleansed and disinfected twice every year 8. Every livery stable, boarding stable and sales stable keeper in the Territories shall in each and every year in the months of April and October thoroughly cleanse all the stalls, mangers and feed boxes in such stable by thoroughly washing the same with soap and hot water and immediately afterwards 126 LIVERY STABLE KEEPERS Cap. 57 thoroughly applying to every part of the same a solution of bichloride of naercury in the following proportions, namely, one-half drachm to one gallon of water; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than SIO and to a fine of not more than $25 for every subse- quent offence. CO., c. 57, s. 8. 127 CHAPTER 58. An Ordinance respecting Auctioneers, Hawkers and Pedlars. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : i^iterpretation 1. In this Ordinance the expression "hawker" or "pedlar" Fediar means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterward delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. CO., c. 58, s. 1. License to pursue certain callings 2. No person shall follow the calling or pursue the business of an auctioneer, hawker or pedlar within the Territories with- out having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Council may authorize. CO., c. 58, s. 2. Application for license 3. Every applicant for a hawker's or pedlar's license shall as part of his application for such license furnish a statement in writing containing a full descripiton of the goods, wares and merchandise which he proposes to sell or offer for sale under such license. CO., c. 58, s. 3. Fees payable ^ Qj^ every application for a license under this Ordinance there shall be paid : (a) For a hawker's or pedlar's license the sum of $25; {b) For an auctioneer's license, on first application there- for, the sum of 110 and on every subsequent consecu- tive application the sum of $5. CO., c. 58, s. 4. Hawker's sales limited 5. No hawker or pedlar shall sell or offer for sale any goods, wares or merchandise other than those set forth in his appli- cation for license. CO., c. 58, s. 5. Duration of license 6. Every license issued under this Ordinance shall expire on the thirty-first day of December of the year in which it is issued. CO., c. 58, s. 6. 128 AUCTIONEERS, HAWKERS, ETC. Cap. 58 '1 1. Any person violating the provisions of this Ordinance ^'''naity shall be liable, on summary conviction thereof, to a fine not exceeding $100 and costs of prosecution. CO., c. 58, s. 7. 8. The provisions of this Ordinance shall not apply within e^^'J^p^cf'"''' a municipality nor shall any license be issued under the pro- visions hereof in any such municipahty. CO., c. 58, s. 8. 129 CHAPTER 59. An Ordinance respecting Liens in favour of Mechanics and Others. (CO., c. 59.) Chapter 21, 1906, substituted; amended 1907, c. 5, s. 17 1908, c. 20, s. 12; 1909, c. 4, s. 10. 130 CHAPTER 60. An Ordinance respecting Threshers' Liens. 'T'HE Lieutenant Governor, by and with -the advice and consent of the Legislative Assembly of the Territories,, enacts as follows : 1. In every case in which any person threshes or causes to Thresher be threshed grain of any kind for another person, at or for a take Irain fixed price or rate of remuneration, the person who so threshes payment the said grain, or causes the same to be threshed, shall have a right to a sufficient quantity of such grain for the purpose of securing payment of the said price or remuneration, if such grain is taken at the time when such threshing is finished [or within [sixty] days thereafter.] CO., c. 60, s. 1; 1899, c. 11, s. 1; 1901, c. 19, s. 1. 2. The quantity of grain which may be so retained shall be ^Xe'oKraki a sufficient quantity, computed at the market value thereof at *° ^^ retained the nearest market, less two and one-half cents per bushel [for each ten miles between the place of threshing and the nearest market] for hauling the same to and delivering the same at the nearest available market, when sold, to pay for the threshing of all grain threshed by the person taking the grain or by his servants or agents for the owner thereof during that same season. CO., c. 60, s. 2; 1899, c. 11, s. 2. 3. The right to retain and remove such quantity of grain Lien to have shall [if exercised forthwith after the threshing is finished buf"""'^ not otherwise] prevail over all writs of execution against the owner thereof, or chattel mortgages, bills of sale, or convey- ances made by him, and over rights of distress for rent reserved upon the land upon which the grain is threshed and the person performing such work of threshing or procuring the same to be done shall be deemed a purchaser for value of the grain which he takes by virtue of this Ordinance. CO., c. 60, s. 3; 1899, c. 11, s. 3. [4. Every person who threshes any grain shall from time to Returns to time as he may be required by the Commissioner of Agriculture ''P'"''""™ send to the Department of Agriculture such information and returns as may be required from him and in default of his so doing he shall on summary conviction be Hable to a penalty not exceeding $25.] 1899, c. 11, s. 4. 131 TITLE VIII. COMPANIES AND KINDRED INSTITUTIONS. Short title CHAPTER 61. An Ordinance respecting Companies. T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : PRELIMINARY. 1. This Ordinance may be cited for all purposes as " The Companies Ordinance.''^ 1901, c. 20, s. 1. Territorial 2. TMs Ordinance shall be administered by the Territorial erofficM Secretary who shall be ex officio Registrar of Joint Stock Com- Registrar panies. 1901, c. 20, s. 2. Company Court Judge Interpretation 3. j^ the coustruction of tMs Ordinance and of the schedules thereto and of any rules that may be made thereunder if not inconsistent with the context or subject matter: 1. "Company" shall mean a company incorporated under this Ordinance; 2. "Court" shall mean the Supreme Court of the North-West Territories and shall include a judge thereof; 3. "Judge" shall mean a judge of the said court; Registrar 4, "Registrar" shall mean Registrar of Joint Stock Com- panies; and the expression "Registrar" or "Registrar of Joint Stock Companies" shall include the assistant or acting assistant Territorial Secretary and any person appointed by the Terri- torial Secretary as registrar of joint stock companies and his deputy and any one acting for him ; 5. "Prospectus" means any prospectus, notice, circular, advertisement or other invitation offering to the public for subscription or purchase any shares, stock or debentures of a company. 1901, c. 20, s. 3. Prospectus 4. No company, association or partnership consisting of Prohibition of partnerships certolt'number morc than twcuty persons shall hereafter be formed for the purpose of carrying on any business to which the authority of the Legislative Assembly extends that has for its object the acquisition of gain by the company, association or partnership 132 COMPANIES Cap. 61 or by the individual members thereof unless it is registered as a company under this Ordinance or is formed in pursuance of some other Ordinance of the Legislative Assembly. 1901, c. 20, s. 4. PART I. — Constitution, Incorporation and Registration. Memorandum of Association. 5. Any three or more persons associated for any lawful ^1°^^°^ purpose to which the authority of the Legislative Assembly '^o^p^'"^ extends may by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Ordinance in respect of registration form an incorporated company with or without hmited liability: [Provided that nothing herein contained shall be deemed to?™™^*;"^** confer upon the company any powers to which the iurisdiction memoranda of .L X ij tj L fis so CI tit ion of the Legislature of the Province of Alberta docs not extend, and particularly shall not be deemed to confer the right to issue promissory notes in the nature of bank notes; and all the powers in the said memorandum of association contained shall be exercisable subject to the provisions of the laws in force in Alberta and regulations made thereunder in respect of the matters therein referred to, and especially with respect to the construction and operation of railways, telegraph and telephone lines, the business of insurance, and anj' other business with respect to which special law and regulations may now be or may hereafter be put in force.] 1901, c. 20, s. 5; 1907, c. 5, s. 13. 6. The liabihty of the members of a company forme/i under Mode of this Ordinance may according to the memorandum of association urbiuty be limited either to the amount (if any) unpaid on the shares respectively held by them or to such amount as the members may respectively undertake by the memorandum of association to contribute to the assets of the company in the event of its being wound up. 1901, c. 20, s. 6. 7. Where a company is formed on the principle of having Memorandum the liability of its members limited to the amount unpaid on°^ T^company their shares (hereinafter referred to as a company limited by limited by shares) the memorandum of association shall contain the follow- ing things, that is to say : (a) The name of the proposed company with the addition of the word "Limited" as the last word in such name; (5) The objects for which the proposed company is to be established ; (c) The place in the Territories in which the registered office of the company is proposed to be situated; 133 3 Cap. (il COMPANIES (d) The time of the existence of the proposed company if it is intended to secure incorporation for a fixed period; (e) A declaration that the liability of the members is limited ; (/) The amount of capital with which the company pro- poses to be registered divided into shares of a certain fixed amount; subject to the following regulations: (a) That no subscriber shall ta^e less than one share ; (b) That each subscriber of the memorandum of association shall write opposite to his name the number of shares he takes ; (c) That each subscriber to the memorandum of associa- tion shall be the bona fide holder in hi^ own right of the share or shares for which he has subscribed in the memorandum of association. 1901, c. 20, s. 7. Memorandum 8. Where E company is formed on the principle of having of T°company the liability of its members limited to such amount as the gS^rantel' members respectively undertake to contribute to the assets of the company in the event of the same being wound up (herein- after referred to as a company limited by guarantee) the mem- orandum of association shall contain the following things, that is to say : (a) The name of the proposed company with the addition of the words "Limited by Guarantee" as the last words in such name; (b) The objects for which the proposed company is to be established ; (c) The place in the Territories in which the registered office of the company is proposed to be situated; (d) A declaration that each member undertakes to contri- bute to the assets of the company in the event of the same being wound up during the time that he is a member or within one year afterwards for payment of the debts and liabilities of the company contracted before the time at which he ceases to be a member and of the costs, charges and expenses of winding up the company and for the adjustment of the rights of the contributories amongst themselves such amount as may be required not exceeding a specified amount. 1901, c. 20, s. 8. Memorandum 9. Where a compauy is formed on the principle of having of an unUiJSt'ed no limit placed on the liability of its members (hereinafter company referred to as an unlimited company) the memorantlum of association shall contain the following things, that is to say: (a) The name of the proposed company; (b) The objects for which the proposecl company is to be established ; 134 COMPANIES Cap. 61 4 (c) The place in the Territories in which the registered office of the company is proposed to be situated. 1901, c. 20, s. 9. 10. The memorandum of association shall be signed by each signature and subscriber in the presence of and be attested by one witness at ^^^^t^^^jj^^j^ the least ; and it shall when registered bind the company and of association the members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto and there were in the memorandum contained on the part of himself, his heirs, executors and administrators a covenant to observe all the conditions of such memorandum subject to the provisions of this Ordinance. 1901, c. 20, s. 10. Articles of Association. 11. The memorandum of association may in the case of a j^ggy[at;ojjs j^ company limited by shares and shall in the case of a company ^e prescribed ^ limited by guarantee or unlimited be accompanied when regis- association tered by articles of association signed by the subscribers to the memorandum of association and prescribing such regula- tions for the company as the subscribers to the memorandum of association deem expedient. The articles shall be expressed in separate paragraphs numbered arithmetically; they may adopt all or any of the provisions contained in the table marked A in the first schedule hereto; they shall in the case of a com- pany (whether limited by guarantee or unlimited) that has a capital divided into shares state the amount of capital with which the company proposes to be registered; and in the case of a company (whether limited by guarantee or unlimited) that has not a capital divided into shares state the number of mem- bers with which the company proposes to be registered for the purpose of enabling the registrar to determine the fees payable on registration. In a company limited by guarantee or unlimited and having a capital divided into shares, each subscriber shall take one share at the least and shall write opposite to his name in the memorandum of association the number of shares he takes. 1901, c. 20, s. 11. 12. In the case of a company limited by shares if the mem- j^^pj^^^^j^^ orandum is not accompanied by articles of association or in of table so far as the articles do not exclude or modify the regulations contained in the table marked A in the first schedule hereto the last mentioned regulations shall so far as the same are applicable be deemed to be the regulations of the company in the same manner and to the same extent as if they had been inserted in articles of association and the articles had been duly registered. 1901, c. 20, s. 12. , , 1 n 1 . 11 1 1 Signature and 13. The articles of association shall be signed by each sub- effect of articles ... ,1 (. 1 1 i__L X 1 1 'x , of association scriber m the presence oi and be attested by one witness at least. When registered they shall bind the company and the 135 Cap. 61 COMPANIES Registration Fees Certificateof incorporation members thereof to the same extent as if each member had subscribed his name and affixed his seai thereto and there were in such articles contained a covenant on the part of himself, his heirs, executors and administrators to conform to all the regulations contained in such articles subject to the provisions of this Ordinance; and all moneys payable by any member of the company in pursuance of the conditions and regulations of the company or any of such conditions or regulations shall be deemed to be a debt due from such member to the company in the nature of a specialty debt. 1901, c. 20, s. 13. Registration. 14. The memorandum of association and articles of associa- tion shall be delivered to the registrar who shall retain and register the same. 1901, c. 20, s. 14. 15. There shall be paid to the registrar by the company having a capital divided into shares in respect of the several matters mentioned in the table marked B in the first schedule hereto the several fees therein specified or such smaller fees as the Lieutenant Governor in Council may from time to time direct; and by a company not having a capital divided into shares in respect of the several matters mentioned in the table marked C in the first schedule hereto the several fees therein specified or such smaller fees as the Lieutenant Governor in Council may from time to time direct. (2) The fees received under this section shall form part of the general revenue fund of the Territories. 1901, c. 20, s. 15. 16. Upon the registration of the memorandum of association and of the articles of association in cases where articles of association are required by this Ordinance or by the desire of the parties to be registered the registrar shall certify under his hand and seal of office that the company is incorporated and in the case of a limited company that the company is limited and in the case of a mining company the liabilities of the members whereof is specially limited under section 63 hereof that the said company is so specially limited under said section 63; and such certificate shall be pubhshed in the official gazette. (2) The incorporation of the company shall take effect from the date of incorporation mentioned in the certificate of incor- poration. 1901, c. 20, s. 16. Effect of registration 17. The subscribers of the memorandum of association together with such other persons as from time to time become members of the company shall thereupon be a body corporate under the name contained in the memorandum of association capable forthwith of exercising all the functions of an incor- porated company and having perpetual succession and a com- 136 COMPANIES Cap. 61 6 mon seal with power to hold lands but with such liability on the part of the members to contribute to the assets of the com- pany in the event of the same being wound up as is hereinafter mentioned. 1901, c. 20, s. 17. 18. Any certificate of the incorporation of the company Registrar's • • -J i. »/ ccrtincQit6 given by the registrar under his seal of office shall be conclusive conclusive evidence that all the requirements of the Ordinance in respect"" '^^"^ of registration and of matters precedent and incidental thereto have been complied with. (2) Any certificate of the incorporation of any company given by the registrar shall be received in evidence as if it were the original certificate; and any copy of or extract from any of the documents kept and registered at the office for the registration of joint stock companies if duly certified to be a true copy or extract under the hand of the registrar and his seal of office shall for all purposes be received in evidence as of equal validity with the original document. 1901, c. 20, s. 18. 19. A copy of the memorandum of association having annexed memOTandum, thereto the articles of association if any shall be forwarded j^*'^^*^^^^^^'^™ to every member at his request on payment of the sum of $1 or such less sum as may be prescribed by the company for each copy; and if any company makes default in forwarding a copy of the memorandum of association and articles of association if any to a member in pursuance of this section the company so making default shall upon summary conviction for each offence be liable to a penalty not exceeding $5; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summarv conviction be liable to the like penalty. 1901, c. 20, s. 19. [30. No company shall register under a name by which fgaiS*'"'' a subsisting company is lawfully carrying on business in thejjj™*!^^^ province, or so nearly resembling the same as in the opinion of the registrar to be calculated to deceive except in a case where such subsisting company is in the course of being dis- solved and testifies its consent in such manner as the registrar requires, and if such company through inadvertence or other- wise is without such consent as aforesaid registered by a name identical with that by which a subsisting company is thus lawfully carrying on business or so nearly resembling the same as to be calculated to deceive such first mentioned company shall upon the direction of the registrar change its name.] 1907, c. 5, s. 13. 31. Any company with the sanction of a special resolution nam"^'' ° of the company and with the approval of the registrar may change its name. 1901, c. 20, s. 21. 137 Cap. 61 COMPANIES new'name°" °^ ^' ^V^"^ the change of name of any company under thg provisions of either of the two next preceding sections the registrar shall enter the new name on the register in place of the former name and shall issue a certificate of incorporation altered to meet the circumstances of the case. 1901, c. 20, s. 22. Effectpf 33_ ]Sfo such alteration of name shall affect any rights or alteration of . i i /• • i i name ODUgations of the company or render defective any legal pro- ceedings instituted or to be instituted by or against the com- pany; and any legal proceedings may be continued or commenced against the company by its new name that might have been continued or commenced against the company by its former name. 1901, c. 20, s. 23. re°gTstra°/to 24. Where the registrar has reasonable cause to believe of"cfeu°nJt"^^ that a company (whether registered before or after the passing the're"^ter°^ of tMs Ordinance) is not carrying on business or in operation he shall send to the company by post a letter inquiring whether the company is carrying on business or in operation. (2) If the registrar does not within one month of sending the letter receive an answer thereto he shall within fourteen days after the expiration of the month send to the company by post a registered letter referring to the first letter and stating that no answer thereto had been received by him and that if an answer is not received to the second letter within one month from the date thereof a notice will be published in the gazette with a view to striking the name of the company off the register. (3) If the registrar either receives an answer from the com- pany to the effect that it is not carrying on business or in operation or does not within one month after sending the second letter receive any answer thereto the registrar may publish in the gazette and send to the company a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will unless cause is shown to the contrary be struck off the register and the company dissolved. (4) At the expiration of the time mentioned in the notice the registrar may unless cause to the contrary is previously shown by such company strike the name of such company off the register and shall publish notice thereof in the gazette ; and on the publication in the gazette of such last mentioned notice the company whose name is so struck off shall be dis- solved : Provided that the liability if any of every director, managing officer and member of the company shall continue and may be enforced as if the company had not been chssolved. (5) If any company or member or creditor thereof feels aggrieved by the name of such company having been struck off the register in pursuance of this section the company or 138 COMPANIES Cap. 61 member or creditor may apply to the court; and the court if satisfied that the company was at the time of the striking off carrying on business or in operation and that it is just to do so may order the name of the company to be restored to the register; and thereupon the company shall be deemed to have continued in existence as if the name thereof had never been struck off ; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had never been struck off. (6) A letter or notice authorized or required for the purpose of this section to be sent to a company may be sent by post addressed to the company at its registered office or if no .office has been registered addressed to the care of some director or officer of the company or if there be no director or officer of the company whose name and address are known to the registrar the letter or notice in identical form may be sent to each of the persons who subscribed the memorandum of association addressed to him at the address mentioned in the memorandum. (7) Where a company is being wound up and the registrar has reasonable cause to believe that no liquidator is acting or that the affairs of the company are fully wound up and the returns required to be made by the liquidator have not been made for a period of six consecutive months after notice by the registrar dem.anding the returns has been sent by post to the registered address of the company and to the liquidator at his last known place of business the provisions of this section shall apply in like manner as if the registrar had not within one month after sending the second letter in subsection 2 of this section mentioned received any answer thereto. 1901, c. 20, s. 24. PART II. — Distribution of Capital and Liability of Members and Officers of Companies. Distribution of Capital. 35. The subscribers of the memorandum of association of°|^^^°"°f any company under this Ordinance shall be deemed to have agreed to become members of the company whose memorandum they have subscribed; and upon the registration of the com- pany shall be entered as members on the register of members hereinafter mentioned; and every other person who has agreed to become a member of a company under this Ordinance and whose name is entered on the register of members shall be deemed to be a member of the company. 1901, c. 20, s. 25. 139 Cap. 61 COMPANIES Nature of interest, etc., in company 26. The shares or other interest of any member in a com- pany under this Ordinance shall be personal estate capable of being transferred in manner provided by the regulations of the company and shall not be of the nature of real estate; and each share shall in the case of a company having a capital divided into shares be distinguished by its appropriate num- ber. 1901, c. 20, s. 2(5. Register of g^. Every company under this Ordinance shall cause to be members . -^ i ■ c • ixl kept m one or more books a register of its members; and there shall be entered therein the following particulars: (a) The names and addresses and the occupations if any of the members of the company; with the addition in the case of a company having a capital divided into shares of a statement of the shares held by each mem- ber distinguishing each share by its number; and the amount paid or agreed to be considered as paid on the shares of each member; (6) The date at which the name of any person was entered in the register as a member; (c) The date at which any person ceased to be a member. (2) Any company acting in contravention of this section shall upon summary conviction be liable to a penalty not exceed- ing $25 for every day during which its default in complying with the provisions of this section continues; and every director, manager, secretary and officer of the company who shall know- ingly and wilfully authorize or permit such contravention shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 27. Penalty Transfer by 38. Any transfer of the share or other interest of a deceased representative member of a company under this Ordinance made by his per- sonal representative shall notwithstanding such personal representative may not himself be a member be of the same validity as if he had been a member at the time of the execution of the instrument of transfer. (2) The personal representative of a deceased member shall represent the shares or stock of such deceased member at all meetings of the company and may vote as a shareholder in respect thereof. 1901, c. 20, s. 28. Entry of transfer by transferrer 39. A company shall on the application of the transferrer of any shares or interest in the company enter in its register of members the name of the transferee of such share or interest in the same manner and subject to the same conditions as if the application for such entry were made by the transferee. 1901, c. 20, s. 29. 140 COMPANIES Cap. 61 10 30. Any transfer of shares in a company under this Ordinance Transfer to ,»•',, . ... '^ •' . ,T r ^,^ T escape liability made tor. the purpose ot avoidmg or escapmg the further ua- bility of a shareholder as such for a nominal or no consideration or to a person in the menial or domestic service of the trans- ferrer shall be deemed to be a fraudulent transfer and need not be recognized by the company or by the court on the winding up of the company. 1901, c. 20, s. 30. 31. Every company having a capital divided into shares of"s"iare3 shall make once at least in every year a list in the form E in the second schedule of all persons who on the fourteenth day succeeding the day on which the ordinary general meeting or if there is more than one ordinary meeting in each year the first of such ordinary general meetings is held are members of the company; and such list shall state the names and so far as may be possible the addresses and occupations of all the mem- bers therein mentioned and the number of shares held by each of them and shall contain a summary specifying the following particulars : 1. The amount of capital of the company and the number of shares into which it is divided; 2. The number of shares taken from the commencement of the company up to the date of the summary; 3. The amount of calls made on each share; 4. The total amount of calls received; 5. The total amount of calls unpaid; 6. The total amount of shares forfeited; 7. The names, addresses and occupations of the persons who have ceased to be members since the last hst was made and the number of shares formerly held by each of them; 8. The total amount of debt due from the company in respect of all mortgages and charges; and 9. The names and addresses of the persons who are the directors of the company at the date of the summary. (2) The above list and summary shall be contained in a separate part of the register and shall be completed within seven days after such fourteenth day as is mentioned in this section and shall be signed by the manager or secretary of the company and a copy shall forthwith be forwarded to the regis- trar. (3) Any company making tlcfault in complying with the^™^'*'' provisions of this section with respect to forwarding such hst of members or summary as is hereinbefore mentioned to the registrar shall upon summary conviction be Uable to a penalty not exceeding $25 for every day during which such default continues; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 31. 141 11 Cap. 61 COMPANIES Company to 33. Eveiv companv under this Ordinance having a capital give notice of *' ij ...•i consolidation, dividcd into shares that has consolidated and divided its capital e c, o s ^'esj^^j.^ shares of larger amount than its existing shares or con- verted any portion of its capital into stock shall forthwith give notice to the registrar of such consolidation, division or conversion specifying the shares so consolidated, divided or converted and in default shall be subject to the penalty in the last section mentioned. 1901, c. 20, s. 32. Effect of conversion into stoclc 33. Where any company having a capital divided into shares has converted any portion of its capital into stock and given notice of such conversion to the registrar all the provisions of this Ordinance which are applicable to shares only shall cease as to so much of the capital as is converted into stock; and the register of the members hereby required to be kept by the company and the list of members to be forwarded to the registrar shall show the amount of stock held by each member in the list instead of the amount of shares and the particulars relating to shares hereinbefore required. 1901, c. 20, s. 33. No trust to be 34. No noticc of any trust (expressed, implied or construc- re^Tte'J™ ^i"^'p) shall bc entered on the register or be receivable by the registrar in the case of companies under this Ordinance. 1901, c. 20, s. 34. Conipany not bound to see to trusts, etc. 35. The company shall not be bound to see to the execution of any trust (whether expressed, implied or constructive) in respect of any share; and the receipt of the shareholder in whose name the same stands on the books of the company shall be a valid and binding discharge to the company for any dividend or money payable in respect of such share whether or not notice of the trust has been given to the company; and the company shall not be bound to see to the application of the money paid upon such receipt. 1901, c. 20, s. 35. Evidence of title to shares, etc. 36. A certificate under the common seal of the company specifying any share or shares or stock held by any member of a company shall be prima facie evidence of the title of the member to the share or shares or stock therein specified. 1901, c. 20, s. 36. Inspection of register 37. The register of members commencing from the date of the registration of the company shall be kept at the registered office of the company hereinafter mentioned. Except when closed as hereinafter mentioned it shall during business hours subject to such reasonable restrictions as the company in gen- eral meeting may impose but so that no less than two hours in each day be appointed for inspection be open to the inspec- tion of any member gratis and to the inspection of any other person on the payment of twenty-five cents or such less sum 142 COMPANIES Cap. 61 12 as the company may prescribe for each inspection and every such member or other person may require a copy of such regis- ter or of any part thereof or of such Ust or summary of members as is hereinbefore mentioned on payment of twenty-five cents for every hundred words required to be copied. (2) If such inspection or copy is refused the company shall for each refusal upon summary conviction be liable to a pen- alty not exceeding $10 and a further penalty not exceeding $10 for every day during which such refusal continues ; and every director, manager, secretary and officer of the company who shall knowingly authorize or permit such refusal shall upon summary conviction be liable to the hke penalty ; and in addition to the above penalty any judge of the Supreme Court sitting in chambers may upon summary order compel an immediate inspection of the register. 1901, c. 20, s. 37. 38. Any company under this Ordinance may upon giving closing of notice by advertisement in some newspaper circulating in the ''^^'''^'' district in which the registered office of the company is situ- ated close the register for members for any time or times not exceeding in the whole thirty days in each year. 1901, c. 20, s. 38. 39. Where a company has a capital divided into shares Notice to (whether shares may or may not have been converted into [nfreas"o°/ stock) notice of any increase in such capital beyond the ^|'^ber°s' registered capital and where a company has not a capital divided into shares notice of any increase in the number of members beyond the registered number shall be given to the registrar in the case of an increase of capital within fifteen days from the date of the passing of the resolution by which such increase has been authorized and in the case of an increase of members within fifteen days from the time at which such increase of members has been resolved on or has taken place; and the registrar shall forthwith record the amount of such increase of capital or members. (2) If such notice is not given within the period aforesaid the company in default shall upon summaiy conviction be liable to a penalty not exceeding $25 for every day during which such neglect to give notice continues; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 39. 40. If the name of any person is without sufficient cause Remedy for entered in or omitted from the register of members of any or omission in company under this Ordinance or if default is made or un- ®'®^''*^'' ntcessary delay takes place in entering in the register the fact of any person having ceased to be a member of the company 143 13 Cap. 61 COMPANIES the person or member aggrieved or any member of the company or the company itself may by motion in the Supreme Court or by application to a judge thereof sitting in chambers apply for an order that the register may be rectified; and the court or judge may either refuse such application with or without costs to be paid by the applicant or may if satisfied of the justice of the case make an order for the rectification of the register; and may direct the company to pay all costs of such motion or application and any damages the party aggrieved may have sustained. (2) The court or judge may in any proceeding under this section decide on any question relating to the title of any person who is a party to such proceeding to have his name entered in or omitted from the register, whether such question arises between two or more members or alleged members or between any members or alleged members and the company; and generally the court or judge may in any such proceeding decide any question that it may be necessary or expedient to decide for the rectification of the register: Provided that the court or judge may direct an issue to be tried in which any question of law may be raised and an appeal shall lie. 1901, c. 20, s. 40. Notice to 41. AVhenever any order has been made rectifying the registrar of ... •^ „ . , '^ * rectification of reg stcr m the case of a company hereby required to send a list of its members to the registrar the court shall by its order direct that due notice of such rectification be given to the registrar. 1901, c. 20, s. 41. Register to be evidence 43. The register of members shall be 'prima facie evidence of any matters by this Ordinance directecl or authorized to be inserted therein. 1901, c. 20, s. 42. Liability of Members. What liability 43. [Repealed, 1907, c. 5, s. 13.] siiare deemed \. l ' ' ' J to carry sbarehoider's 44. Exccpt as hereinafter otherwise provided each share- unpaid portion holder until the whole amount of his shares, stock or other interest has been paid up shall be individually liable to the creditors of the company to an amount equal to that not paid up thereon but shall not be liable to an action therefor by any creditor before an execution against the company has been returned unsatisfied in whole or in part; and the amount due on such execution but not beyond the amount so unpaid of his said shares, stock or other interest shall be the amount so recoverable with costs against such shareholder. (2) Any shareholder may plead by way of defence in whole or in part any set-off which he could set up against the com- 144 COMPANIES Cap. 61 14 pany except a claim for unpaid dividends or a salary or allow- ance as a president or a director of the company. (3) The shareholders of the company shall not as such be held responsible for any act, default or liability whatsoever of the company, or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever related to or connected with the company beyond the unpaid amount of their respective shares in the capital stock thereof. 1901, c. 20, s. 44. 45. No person holding shares, stock or other interest in the 'r™^"'^^' ^*'=' company as executor, administrator, guardian or trustee shall be personally subject to liability as a shareholder; but the estate and funds in the hands of such person shall be liable in like manner and to the same extent as the testator or intestate or the minor, ward or other person interested in the trust fund would be if living and competent to act and holding such shares, stock or other interest in his own name. 1901, c. 20, s. 45. 46. No person holding shares, stock or other interest as Nonpersonai collateral security shall be personally subject to liability as a mortgagee or shareholder; but the person pledging such shares, stock or^iarer°^ other interest as such collateral security shall be considered as holding the same and shall be liable as a shareholder in respect thereof. 1901, c. 20, s. 46. 47. In the event of a company formed under this Ordinance Liability etc., or under any other Ordinance of the Territories being wound Tn casJ^ of up every present and past member of such company shall be '"° '"* "'^ liable to contribute to the assets of the company to an amount sufficient for payment of the debts and liabilities of the company and the costs, charges and expenses of the winding up and for payment of such sums as may be required for the adjustment of the rights of the contributories amongst them- selves with the qualifications following, that is to say: (a) No past member shall be liable to contribute to the assets of the company if he has ceased to be a member for a period of one year or upwards prior to the com- mencement of the winding up; (5) No past member shall be liable to contribute in respect of any debt or liability of the company contracted after the time at which he ceased to be a member; (c) No past member shall be liable to contribute to the assets of the company unless it appears to the court that the existing members are unable to satisfy the contributions required to be made by them in pur- suance of this Ordinance; (d) In the case of a company limited by shares no con- tribution shall be required from any member exceeding 145 15 Cap. 61 COMPANIES the amount if any unpaid on the shares in respect of which he is hable as a present or past member; (e) In the case of a company hmited by guarantee no contribution shall be required from any member exceeding the amount of the undertaking entered into on his behalf by the memorandum of association; (/) Nothing in this Ordinance contained shall invalidate any provision contained in any contract whereby the liabihty of individual members upon any such contract is restricted or whereby the funds of the company are alone made liable in respect of such contract; ig) No sum due to any member of a company in his char- acter of a member by way of dividends, profits or otherwise shall be deemed to be a debt of the company payable to such member in a case of competition between himself and any other creditor not being a member of the company; but any such sum may be taken into account for the purposes of the final adjust- ment of the rights of the contributories among them- selves. 1901, c. 20, s. 47. Liability of Directors. Company may 48. Where & compauy is formed as a limited company the with unlimited Uability of the directors or managers of such company or the la iities managing director may if so provided by the memorandum of association or by resolution as hereinafter provided be unlimited. 1901, c. 20, s. 48. Liability of 49. The following are the contributions to be required in the ind^^llenr^ cvcnt of the wludiug up of a limited company from any director k'irnriiidt''ed'''*^ or manager whose liability is in pursuance of this Ordinance unlimited : (a) Subject to the provisions hereinafter contained any such director or manager whether past or present shall in addition to his liability, if any, to contribute as an ordinary member be Uable to contribute as if he were at the date of his commencement of the winding up a member of an unlimited company ; (b) No contribution required from any past director or manager who has ceased to hold such office for a period of one year or upwards prior to the commence- ment of the winding up shall exceed the amount if any which he is hable to contribute as an ordinary member of the company; (c) No contribution required from any past director or manager in respect of any debt or liability of the company contracted after the time at which he ceased 146 COMPANIES Cap. 61 16 to hold such ofhce shall exceed the amount if any which he is liable to contribute as an ordinary mem- ber of the company; (d) Subject to the provisions contained in the regulations of the company no contribution required from any director or manager shall exceed the amount if any which he is liable to contribute as an ordinary mem- ber unless the court deems it necessary to require such contribution in order to satisfy the debts and liabilities of the company and the costs, charges and expenses of the winding up. 1901, c. 20, s. 49. 50 In the event of the winding up of any limited company unlimited'' ' the court if it thinks fit may allow to any director or manager tlvflet^F of such company whose liability is unlimited by way of set-off any moneys due to him from the company other than dividends or profits. 1901, c. 20, s. 50. 51. In any limited company in which in pursuance of this ^°ln to'° ^^ Ordinance the UabiHty of a director or manager is unlimited ^i^''^Jf°j[ j°°j'>^« the directors or managers of the company if any and the mem- ti? liability ber who proposes any person for election or appointment to unlimited such office shall add to such proposal a statement that the liability of a person holding such office will be unlimited; and the promoters, directors, manager and secretary if any of such company or one of them shall before such person accepts such office or acts therein give him notice in writing that his liabilitj- will be unlimited. (2) If any director, manager or proposer make default in adding such statement or if any promoter, director, manager or secretary make default in giving such notice he shall be liable to a penalty not exceeding $500 and he shall also be liable for any damage which the person so elected or appointed may sustain from such default but the liability of the person elected or appointed shall not be affected by such default. 1901, c. 20, s. 51. 53. The directors of the company shall not declare or psiyf^'^l^^^^^^l^ anv dividend when the company is insolvent or any dividend insolvency of 1 .-i-i i;i -1 1 !•• company the payment of which renders the company msolvent or dimm- ishes the capital thereof; but if any director present when such dividend is declared forthwith or if any director then absent within twenty-four hours after he has become aware thereof and able so to do enters on the minutes of the board of directors his protest against the same and within eight days thereafter causes such protest to be published in at least one newspaper published at or as near as may be possible to the head office or chief place of business of the company such director may thereby and not otherwise exonerate himself from liabiUty. 1901, c. 20, s. 52. 147 17 Cap. 61 COMPANIES P™hi^b|_ts 'oan 53. -^q Joan shall be made by the company to any share- holders holder; and if such loan is made all directors and other officers of the company making the same and in anywise assenting thereto shall be jointly and severally liable to the company for the amount thereof and also to the third parties to the extent of such loan with legal interest for all debts of the company contracted from the time of the making of the loan to that of the repayment thereof; but this section shall not apply to a building society. 1901, c. 20, s. 53. Liability of directors for wages 54. The directors of a company shall be jointly and sever- ally liable to the clerks, labourers, servants and apprentices thereof for all debts not exceeding six months' wages due for services performed for the company whilst they are such direc- tors respectively; but no director shall be liable to an action therefor unless the company is sued therefor within one year after the debt becomes due nor unless such director is sued therefor within one year from the time when he ceased to be such director nor unless an execution against the company is returned unsatisfied in whole or in part ; and the amount unsatis- fied on such execution shall be the amount recoverable with costs from the tUrectors. 1901, c. 20, s. 54. Prospectus. Publication of prospectus 55. Every p.ospectus issued by or on behalf of any company or intended company shall state the date on which it was issued ; and that date shall be taken for all purposes as the date of publication. (2) A copy of every such prospectus shall be signed by every person who is named therein as a director or proposed director of the company or by his duly authorized agent; and shall be filed with the registrar on or before the date of its pviblication. (3) The registrar shall not register any prospectus unless it is so dated and signed; and no prospectus shall be issued until so filed for registration; and every prospectus shall state on the face of it that it has been so filed. (4) If default is made in complying with the reriuirements of this section every officer and agent of the company who is party to the issue of the prospectus shall upon summary con- viction be liable to a fine not exceeding $25 for every day during which the default continues. 1901, c. 20, s. 55. Contents of prospectus 56. Every prospectus of a company must state — (a) The contents of the memorandum of association with the names, occupations and addresses of the signa- tories and the number of shares subscribed by them respectively ; (b) The number of shares if any fixed by the articles of association as the qualification of a clirector; 148 COMPANIES Cap. 61 18 (c) The names, occupations and addresses of the directors or proposed directors and the number of shares held or agreed to be tal<:en by them respectively and whether any such share is held or agreed to be taken by any of them other\Yise than in his own right as beneficial owner; (d) The minimum subscription on which the directors may proceed to commence business and the minimum amount payable on application and allotment on each share ; (e) The number and amount of shares and debentures issued or agreed to be issvied as fully or partly paid up otherwise than in cash; and in the latter case the extent to which they are so paid up; and in either case the consideration for which such shares or deben- tures have been issued or are proposed or intended to be issued; ( ) The names and addresses of the vendors of any property purchased or acquired by the company or proposed so to be purchased or acquired which is to be paid for wholly or partly out of the proceeds of the issue offered for subscription by the prospectus or the purchase or acquisition of which has not been com- pleted at the date of publication of the prospectus and where there is more than one vendor or the com- pany is a subpurchaser the amount payable in cash, shares, or debentures to each vendor; (g) The amount if any payable as purchase money in cash, shares or debentures of any such property as aforesaid specifying the amount payable for good will if any such amount is separately payable; Qi) The amount if any payable as commission for sub- scribing or agreeing to subscribe or procuring or agreeing to procure subscriptions for any shares in the company or the rate of any such commission; (i) The amount or estimated amount of preliminary expenses ; (f) The amount intended to be paid to any promoter and the consideration for which it is to be paid; {k) The amount intended to be resei-ved for working capital ; (I) The dates, parties and short purport or effect of every material contract and every material fact known to any director or pi'omoter of the company who is a party to the issue of the prospectus and a reasonable time and place at which any material contract or a copy thereof may be inspected : 149 19 Cap. 61 COMPANIES Provided that this requirement shall not apply to a contract entered into in the ordinary course of business carried on or intended to be carried on by the com- pany or to any contract entered into more than five years before the date of publication of the prospectus ; {m) The names and addresses of the auditors if any of the company ; (n) Full particulars of the nature and extent of the inter- est if any of every director in the promotion of or in the property proposed to be acquired by the com- pany with a statement of all sums paid or agreed to be paid to him in cash or shares by any person either to qualify him as a director or otherwise for services rendered by him in connection with the formation of the company. (2) For the purposes of this section every person shall be deemed to be a vendor who has entered into any contract (absolute or conditional) for the sale or purchase of any of the property to be acquired by the company in any case where — (a) The purchase money is not fully paid at the date of publication of the prospectus; or (b) The purchase money is to be paid or satisfied (wholly or in part) out of the proceeds of the issue offered by subscription by the prospectus; or (c) The contract depends for its fulfilment on such issue. (3) This section shall not apply to a circular or notice invit- ing existing members or debenture holders of a company to subscribe for fuither shares or debentures; but subject as afore- said this section shall apply to any prospectus whether issued or with reference to the formation of a company or subsequently : Provided that — (a) The requirements as to the memorandum of association ; and the qualification, remuneration and interest of directors; the names, descriptions and addresses of directors or proposed directors; and the amount or estimated amount of preliminary expenses; shall not apply in the case of a prospectus published more than one year after the date at which the company is entitled to commence business* and {b) In the case of a prospectus published more than one year after the date at which the company is entitled to commence business the obligation to disclose all material contracts shall be hmited to a period of two years immediately preceding the pubhcation of the prospectus. 150 COMPANIES Cap. 61 20 (4) Any condition requiring or binding any applicant for shares or debentures to waive compliance with any require- ment of this section or purporting to affect him with notice of any contract, document or matter not specifically referred to in the prospectus shall be void. (5) AVhere any such prospectus as is mentioned in this section is pubUshed as a newspaper advertisement it shall not be neces- sary to specify the contents of the memorandum of association or the signatories thereto and the number of shares subscribed to by them. 1901, c. 20, s. 56. 57. AVhere a prospectus or notice invites persons to subscribe Liability for r statement ii prospectus for shares in or debentures or debenture stock of a company ^^t^t^ment m every person who is a director of a company at the time of the issue of the prospectus or notice and every person who having authorized such naming of him is named in the prospectus or notice as a director of the company or as having agreed to become a director of the company either immediately or after an interval of time and every promoter of the company and every person who has authorized the issue of the prospectus or notice shall be liable to pay compensation to all persons who shall subscribe for any shares, debentures or debenture stock on the faith of such prospectus or notice for the loss or damage they may have sustained by reason of any untrue statement in the prospectus or notice or in any report or memorandum appearing on the face thereof or by reference incorporated therein or issued therewith unless it is proved — (a) With respect to every such untrue statement not pur- porting to be made on the authority of an expert or of a public official document or statement that he had reasonable ground to believe and did up to the time of the allotment of the stock, debentures or debenture stock (as the case may be) believe that the statement was true ; (b) With respect to every such untrue statement purport- ing to be a statement by or contained in what pur- poi'ts to be a copy of or an extract from a report or valuation by an engineer, valuer, accountant or other expert that it fairly represented the statement made by such engineer, valuer, accountant or other expert or was a correct and fa'r copy of or extract from the report or valuation: Provided always that notwithstanding that such untrue statement fairly represented the statement made by such engineer, valuer, accountant or other expert or was a correct and fair copy of an extract from the report or valuation such director, person named, promoter or other person who authorized the issue of the prospectus or notice as aforesaid shall be liable to pay compensation as aforesaid if it be proved 151 21 Cap. 61 COMPANIES that he had no reasonable ground to believe that the person making the statement, report or valuation was competent to make it; (c) With respect to every such untrue statement purport- ing to be a statement made by an official person or contained in what purports to be a copy of or extract from a public official document that it was a correct and fair representation of such statement or copy of or extract from such document or unless it is proved that having consented to become a director of the company he withdrew his consent before the issue of the prospectus or notice and that the prospectus or notice was issued without his authority or consent or that the prospectus was issued without his knowledge or consent and that on becoming aware of its issue he forthwith gave reasonable public notice that it was so issued without his knowledge or consent or that after the issue of such prospectus or notice and before allotment thereunder he on becoming aware of any untrue statement therein withdrew his consent thereto and caused reasonable public notice of such with- drawal and of the reason therefor to be given. (2) A promoter in this section means a promoter who was a party to the preparation of the prospectus or notice or of the portion thereof containing such untrue statement but shall not include any person by reason of his acting in a professional capacity for persons engaged in procuring the formation of the company. (3) Where any company existing at the passing of this Ordinance which has issued shares or debentures shall be desirous of obtaining further capital by subscriptions for shares or debentures and for that purpose shall issue a prospectus or notice no director of such company shall be liable in respect of any statement therein unless he shall have authorized the issue of such prospectus or notice or have adopted or ratified the same. (4) In this section the word "expert" includes any person whose profession gives authority to a statement made by him. 1901, c. 20, s. 57. A\'hat [57a. Every company heretofore or hereafter incorporated mSfme'"' under the authority of this Ordinance or under the authority prospectuses of any special Ordinance or Act, the number of shareholders of which is increased to a number greater by ten than the number of applicants for incorporation or which has its deben- tures or other securities held by more than ten persons, and every company incorporated otherwise than as above set out which has more than ten shareholders or holders of debentures or other securities within Alberta, shall file a prospectus in the manner hereinbefore set out. 152 COMPANIES Cap. Gl 22 (2) All purchases, subscriptions or other acquisitions of shares, debentures or other securities of any company required in the manner above provided to file a prospectus, shall be deemed as against the company or the signatories to the pros- pectus to be induced by such prospectus, and any term, pro- viso or condition of such prospectus to the contrary shall be void. (3) No subscription for stock, debentures or other securities induced or obtained by verbal representations shall be binding upon the subscriber unless prior to his so subscribing he shall have received a copy of the prospectus.] 1909, c. 5, s. 1. 58. ^Yhere any such prospectus or notice as aforesaid con- 4°ife^™"a,?,e tains the name of a person as director of the company or as g^^f ''°'' '^''' having agreed to become a director thereof and such person ™prop|riy has not consented to become a director or has withdrawn his director consent before the issue of such prospectus or notice and has not authorized or consented to the issue thereof the directors of the company except any without whose knowledge or con- sent the prospectus or notice was issued and any other person who authorized the issue of such prospectus or notice shall be Uable to indemnify the person named as a director of the com- pany or as having agreed to become a director thereof as afore- said against all damages, costs, charges and expenses to which he may be made liable by reason of his name having been inserted in the prospectus or notice or in defending himself against any action or legal proceedings brought against him in respect thereof. 1901, c. 20, s. 58. 59. Every person who by reason of his being a director or contributions named as a director or as having agreed to become a director dS^tors, etc. or of his having authorized the issue of the prospectus or notice has become liable to make any payment under the provisions of this Ordinance shall be entitled to recover contribution as in cases of contract from any other person who if sued separ- ately would have been liable to make the same payment. 1901, c. 20, s. 59. 60. A person shall not be capable of being appointed direc- Restrictions on tor of a company by the articles of association and shall not advertiL^ent be named as a director or proposed director of a company in "' '^"■'""'"' any prospectus issued by or in behalf of the company unless before the registration of the articles or the publication of the prospectus (as the case may be) he has by himself or by his agent authorized in writing — (a) Signed and filed with the registrar a consent in writ- ing to act as such director; and 153 23 Cap. 61 COMPANIES Either signed the memorandum of association for a number of shares not less than his qualification if any or signed and filed with the registrar a contract in writing to take fiom the company and pay for his qualification shares if any. (2) On the application for registration of the memorandum and articles of association of a company the applicant shall deliver to the registrar a list of the persons who have consented to be directors of the company and if th^.s list contains the name of any person who has not so consented the applicant shall be liable on summary conviction to a fine not exceeding (3) Provided that this section shall not apply to a company which does not issue any invitation to the public to subscribe for its shares or to a prospectus issued by or on behalf of a company after the expiration of one year from the date at which the company is entitled to commence business. 1901, c. 20, s. 60. circulating misleading documents Penalty 61. Where any advertisement, letter head, postal card, account or document issued, published or circulated by any corporation, association or company or any officer, agent or employee of any such corporation, association or company purports to state the subscribed capital of the company then the capital actually and in good faith subscribed and no more shall be so stated; and any such corporation, association, com- pany, officer, agent or employee who causes to be inserted an advertisement in any newspaper or who publishes, issues or circulates or causes to be published, issued or circulated any advertisement, letter head, post card, account or document which states as the subscribed capital of such company any larger sum than the amount of such subscribed capital so actually and in good faith subscribed as aforesaid or which contains any untrue or false statement as to the incorporation, control, supervision, management or financial standing of such corpor- ation, association or company and which statement is intended or calculated or likely to mislead or deceive any person dealing or having any business or transaction with said corporation, association or company or with any officer, agent or employee of the association, corporation or company shall upon summary conviction be liable to a penalty not exceeding $200 and costs and in default of payment the offender being an officer, agent or employee as aforesaid shall be imprisoned for a term not exceeding three months and not less than one month; and on a second or any subsequent conviction he may be imprisoned for a term not exceeding twelve months and not less than three months. 1901, c. 20, s. 61. 154 COMPANIES Cap. 61 24 PART III. — Powers, Management and Administkation. Preference Shares. 63. The directors of any company incorporated or reincor- Pieference porated under this Ordinance may with the sanction of a special resolution of the company previously given in general meeting create and issue any part of the capital as preference shares giving the same such preference and priority as respects divi- dends and otherwise over ordinary shares as may be declared by the special resolution. (2) The special resolution may provide that the holders of such preference shares shall have the right to select a certain stated proportion of the board of directors or may g'.ve them such other control over the affairs of the company as may be considered expedient. (3) Holders of such preference shares shall be shareholders within the meaning of this Ordinance and shall in all respects possess the rights and be subject to the liabiUties of share- holders within the meaning of this Ordinance: Provided however that in respect of dividends and otherwise they shall as against the original or ordinary shareholders be entitled to the preference given by any special resolution as aforesaid. (4) Nothing in this section shall affect or impair the rights of creditors of any company. 1901, c. 2, s. 62. Issue of shares without personal liability by Mining Companies. 63. The memorandum of association of a company incor- Mining porated or reincorporated under this Ordinance the objects ^"^Pgpjf/iaiiy whereof are restricted to acquiring, managing, developing, '™j,*^«^^^^^''i'i*y working and selling mines, mineral claims and mining proper- ties and the winning, getting, treating, refining and marketing of mineral therefrom may contain a provision that no Uability beyond the amount actually paid upon shares and stocks in such company by the subscribers thereto or holders thereof shall attach to such subscriber or holder; and the certificate of incorporation issued under section 16 of this Ordinance shall state that the company is specially limited under this section. 1901, c. 20, s. 63. 64. Where a certificate of incorporation incorporating any shares to be such company or a license to any foreign company has been^arked^ issued containing the provisions mentioned in section 63 of this Ordinance every certificate of shares or stock issued by the company shall bear upon the face thereof distinctly written or printed in red ink after the name of the company the words 155 25 Cap. 61 COMPANIES "Issued under section 63 respecting Mining Companies of The Companies Ordinance," and where such shares or stock are issued subject to further assessment the word "Assessable" or if not subject to further assessment the word "Nonassessable" as the case may be. 1901, c. 20, s. 64. Charter g5_ Evcrv mining company the memorandum of association prospectuses , • i "^ , • , i • , • • i n i -xx and other Qi which coutams the said provision shall have written or such company printed on its charter, prospectuses, stock certificates, bonds, marked*'^"^ ^ contracts, agreements, notices, advertisements and other official publications and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods pur- porting to be signed by or on behalf of the company and in all bills of parcels, invoices, receipts and letter heads of the com- pany immediately after or under the name of such company and shall have engraved upon its seal the words "Nonpersonal Liability"; and every such company which refuses or know- ingly neglects to comply with this section shall incur a penalty of $20 for every day during which such name is not so kept written or printed, recoverable upon summary conviction; and every director, manager, secretary and officer of the com- pany who knowingly and wilfully authorizes or permits such default shall be liable to the like penalty. 1901, c. 20, s. 65. Enforcement gg. \^ the cveut of any call or calls on assessable shares in of payment of . ■' . . • i , ,i i assessments a company SO incorporated remaining unpaid by the sub- scriber thereto or holder thereof for a period of sixty days after the notice and demand of payment such shares may be declared to be in default ; and the secretary of the company may adver- tise such shares for sale at public auction to the highest bidder for cash by giving notice of such sale in some newspaper pub- lished or circulating in the city or district where the principal office of the company is situated for a period of one month; and such notice shall contain the number of the certificate or certificates of such shares and the number of shares, the amount of the assessment due and unpaid and the time and place of sale; and in addition to the publication of the notice aforesaid notice shall be personally served upon such subscriber or holder by registered letter mailed to his last known address; and if the subscriber or holder of such shares shall fail to pay the amount due upon such shares with interest upon the same and cost of advertising before the time fixed for such sale the secretary shall proceed to sell the same or such portion thereof as shall suffice to pay such assessment together with interest and cost of advertising: Provided that if the price of the shares so sold exceeds the amount due with interest and cost thereon the excess shall be paid to the defaulting subscriber or holder. 1901, c. 20, s. 66. 156 COMPANIES Cap. 61 26 67. No shareholder or subscriber for shares in any company Liabiuty^of ^^ so incorporated shall be personally liable for nonpayment of such shares any calls made upon his shares beyond the forfeiture and sale in the event of the nonpayment of such? calls of the amount if any already paid on the shares held or subscribed for; nor shall such shareholder or subscriber be personally liable for any debt contracted by the company or for any sum payable by the company beyond the amount if any paid by him upon such shares. 1901, c. 20, s. 67. 68. Whenever any shares have been heretofore issued by ^oJJipanfes any company duly incorporated under any Ordinance as fully paid up shares either at a discount or in payment for any mine, mineral claim or mining property purchased or acquired by such company or for the acquiring whereof such company has been incorporated all such shares shall except as to any debts contracted by the company before the passing of this Ordinance in regard to which the liability on such shares shall be the same as if this Ordinance had not been passed be deemed and held to be fully paid up and the holder thereof shall be subject to no personal liability thereon in the same manner as if the memorandum of association of the company had contained the provision aforesaid. 1901, c. 20, s. 68. Adjustment of Calls and Dividends. 69. Nothing contained in this Ordinance shall be deemed ^j^jj^^l'^'^''"* "^ to prevent any company incorporated under this Ordinance if dividends authorized by its regulations as originally framed or as altered by special resolution from doing any one or more of the fol- lowing things, namely: 1 . Making arrangements on the issue of shares for a difference between the holders of such shares in the amount of calls to be paid and in the time of payment of such calls ; 2. Accepting from any member of the company who assents thereto the whole or a part of the amount remaining unpaid on any share or shares held by him either in discharge of the amount of a call payable in respect of any other share or shares held by him or without any call having been made; 3. Paying dividend in proportion to the amount paid up on each share in cases where a larger amount is paid up on some shares than on others. 1901, c. 20, s. 69. Subdivision of Shares. 70. Any company limited by shares may by special resolu- Subdivision tion so far modifymg the conditions contained in its memorandum 157 27 Cap. 61 COMPANIES of association if authorized so to do by its regulations as orig- inally framed or as altered by special resolution as by sub- division of its existing shares or any of them to divide its capital or any part thereof into shares of smaller amount than is fixed by its memorandum of association: Provided that in the subdivision of existing shares the pro- portion between the amount that is paid and the amount if any which is unpaid on each share of reduced amount shall be the same as it was in the case of the existing share or shares from which the share of reduced amount is derived. 1901, c. 20, s. 70. Statement of shares to accord with special resolution 71. The statement of the number and amount of the shares into which the capital of the company is divided contained in every copy of the memorandum of association or any other official document issued after the passing of any special reso- lution shall be in accordance with such special resolution; and any company which makes default in complying with the provisions of this section shall upon summary conviction be liable to a penalty not exceeding $5 for each copy in respect of which such default is made; and every director, manager, secretary and officer of the company who knowingly or wilfully authorizes or permits any such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 71. Share Warrants. Warrant of 73. In the case of a company limited by shares the com- fuiiy paid up pany if authorized to do so by its regulations as originally may be ''issued framed or as altered by special resolution and subject to the to bearer provisious of such regulations may with respect to any share which is fully paid up or with respect to stock issue under its common seal a warrant stating that the bearer of the warrant is entitled to the share or shares of stock therein specified; and may provide by coupons or otherwise for the payment of the future dividends on the share or shares or stock included in such warrant hereinafter referred to as a share warrant. 1901, c. 20, s. 72. aifd^modeof 73. A share warrant shall entitle the bearer of such warrant share^ warrant ^° ^^^ sharcs or stock Specified in it; and such shares or stock may be transferred by the delivery of the share warrant. 1901, c. 20, s. 73. Re-registration of bearer of share warrant ' 74. The bearer of a share warrant shall subject to the regu" lations of the company be entitled on surrendering such warrant for cancellation to have his name entered as a member in the register of members; and the company shall be responsible for any loss incurred by any person by reason of the company entering in its register of members the name of any bearer of 158 COMPANIES Cap. 61 28 a share warrant in respect of the shares or stock specified therein without the share warrant being surrendered and cancelled. 1901, c. 20, s. 74. shai'e 75. The bearer of a share warrant may if the regulations P'siits of £ ,1 -111 1 1 ici bearer or s 01 the company so provide be deemed to be a member of the warrant as company within the meaning of this Ordinance either to theS^Sany" full extent or for such purposes as may be prescribed by the regulations : Provided that the bearer of a share warrant shall not be quahfied in respect of the shares or stock specified in such warrant for being a director or manager of the company in cases where such a quaUfication is prescribed by the regula- tions of the company. 1901, c. 20, s. 75. 76. On the issue of a share warrant in respect of any share ^^^|J j" or stock the company shall strike out of its register of members '^'^^^^^'^^^ ^^^''' the name of the member then entered therein as holding such share or stock as if he had ceased to be a member; and shall enter in the register the following particulars: (a) The fact of the issue of the warrant; (5) A statement of the shares or stock included in the warrant distinguishing each share by its number; (c) The date of the issue of the warrant; and until the warrant is surrendered the above particulars shall be deemed to be the particulars which are required by the twenty-seventh section of this Ordinance to be entered in the register of members of a company; and on the surrender of a warrant the date of such surrender shall be entered as if it were the date at which a person ceased to be a member. 1901, c. 20, s. 76. 77. After the issue by the company of a share warrant the Particulars annual summary required by the thirty-first section of this warrant in Ordinance shall contain the following particulars: summiry (a) The total amount of shares or stock for which share warrants are outstanding at the date of the summary; (b) The total amount of share warrants which have been issued and surrendered respectively since the last summary was made ; and (c) The number of shares or amount of stock comprised in each warrant. 1901, c. 20, s. 77. Reduction of Capital and Shares. 78. Any company limited by shares may by special resolu- Power to tion so far modify the conditions contained in its memorandum "'"^""^ "'''"''' of association if authorized to do so by its regulations as 159 29 Cap. 61 COMPANIES originally framed or as altered by special resolution as to reduce its capital; but no such resolution for reducing the capital of any company shall come into operation until an order of the court is registered by the registrar as is hereinafter men- tioned. (2) The power to reduce capital conferred by this section shall include paid up capital; and a power to cancel any lost capital or any capital unrepresented by available assets or to pay off any capital which may be in excess of the wants of the company; and paid up capital may be reduced either with or without extinguishing or reducing the liability if any remain- ing on the shares of the company; and to the extent to which such liability is not extinguished or reduced it shall be deemed to be preserved. 1901, c. 20, s. 78. After such 79. Every company shall after the date of the passing of "and reduced" any spccial rcsolutiou for reducing its capital add to its name added to name^^^^Q ^^^^ ^^^^ ^^ ^-^q court may fix the words "and reduced" as the last words in its name; and those words shall until such date be deemed to be part of the name of the company. 1901, c. 20, s. 79. Company to 80. A compauy which has passed a special resolution for orfer confirm- rcduciug Its Capital may apply to the court by petition for an mg reduction Qj.jgj. confirming the reduction; and on the hearing of the peti- tion the court if satisfied that with respect to every creditor of the company who under the provisions of this Ordinance is entitled to object to the reduction either his consent to the reduction has been obtained or his debt or claim has been discharged or has determined or has been secured as herein- after provided may make an order confirming the reduction on such terms and subject to such conditions as may seem fit. (2) Where the reduction of the capital of a company does not involve either the diminution of any liabihty in respect of unpaid capital or the payment to any shareholder of any paid up capital — (a) The creditors of the company shall not unless the court otherwise direct be entitled to object or required to consent to the reduction; and (b) It shall not be necessary before the presentation of the petition for confirming the reduction to add and the court may if it thinks it expedient so to do dispense altogether with the addition of the words "and reduced." (3) In any case that the court thinks fit so to do it may require the company to publish in such manner as the court may direct the reasons for the reduction of its capital or such other information in regard to the reduction of its capital as 160 co.MPANiKs Cap. 61 30 the court may think expedient with a ^'ie^v to giving proper information to the public in relation to the reduction of its capital by a company and if the court thinks fit the causes which led to such reduction. 1901, c. 20, s. 80. 81. A^ here a company proposes to reduce its capital every Right of creditor of the company who at the date fixed by the court is obiert"to '° entitled to any debt or claim which if that date were the com- '■'^^'"'=*"^" mencement of the winding up of the company would Ijc admiss- ible in proof against the company shall be entitled to object to the proposed reduction and to be entered in the list of creditors who are so entitled to object. (2) The court shall settle a list of such crechtors; and for that purpose shall ascertain as far as possible without requir- ing an appUcation from any creditor the names of such credit- ors and the nature and amount of their debts or claims; and may publish notices fixing a certain day or days within which creditors of the company who are not entered on the list are to claim to be so entered or to be excluded from the right of object- ing to the proposed reduction. 1901, c. 20, s. 81. 83. Where a creditor whose name is entered on the list of (^'"m-t may creditors and whose debt or claim is not discharged or deter- cmisent,)"' ^ mined does not consent to the proposed reduction the court secu'ity'g'iven may if it thinks fit eUspense with such consent on the company securing the payment of the debt or claim of such creditor by setting apart and appropriating in such manner as the court may direct a sum of such amount as is hereinafter mentioned that is to say : 1. If the full amount of the debt or claim of the creditor is admitted by the company or though not admitted is such as the company is willing to set apart and appropriate then the full amount of the debt or claim shall be set apart and appropriated ; 2. If the full amount of the debt or claim is not admitted l3y the company and is not such as the company is willing to set apart and appropriate or if the amount is contingent or not ascertained then the court may if it thinks fit inquire into and adjudicate upon the validity of such debt or claim and the amount for which the company may be liable in respect thereof in the same manner as if the company were being wound up by the court; and the amount fixed by the court on such inquiry and adjudication shall be set apart and appropriated. 1901, c. 20, s. 82, 83. The registrar upon the production to him of an order Order and of the court confirming the reduction of the, capital of a com- registered pany and the delivery to him of a copy of the order and of a minute approved by the court showing with respect to the capital of the company as altered by the order the amount 161 F 31 Cap. 61 CDMI'ANIES of such capital the number of shares into which it is to be divided the amount of each share and the amount if any at the date of the registration of the minute proposed to be deemed to have been paid up on each share shall register the order and minute; and on the registration the special resolution con- firmed by the order so registered shall take effect. (2) Notice of such registration shall be published in such manner as the court may direct. (3) The registrar shall certify under his hand the registra- tion of the order and minute; and his certificate shall be con- clusive evidence that all the requirements of this Ordinance with respect to the reduction of capital have been con:iplied with and that the capital of the company is as stated in the minute. 1901, c. 20, s. 83. Minute to form part of memorandum of association 84. The minute when registered shall be deemed to be sub- stituted for the corresponding part in the memorandum of association of the company; and shall be of the same validity and subject to the same alterations as if it had been originally contained in the memorandum of association; and subject as in this Ordinance mentioned no member of the company whether past or present shall be liable in respect of any share to any call or contribution exceeding in amount the difference if any between the amount which has been paid on such share and the amount of the share as fixed by the minute. 1901, c. 20, s. 84. proceeding savingright §5, jf ^ny crecUtor who is entitled in respect of any debt oi crerlitors i »/ ignorant of or claim to objcct to the reduction of the capital of a company under this Ordinance is in consequence of his ignorance of the proceedings taken with a view to such reduction or of thei nature and effect with respect to his claim not entered on the list of creditors and after such reduction the company is unable within the space of three weeks after demand made to pay to the creditor the amount of such debt or claim every person who was a member of the company at the date of the registra- tion of the order and minute relating to the reduction of the capital of the company shall be liable to contribute to the payment of such debt or claim an amount not exceeding the amount which he would have been liable to contribute if the company had commenced to be wound up on the day prior to such registration; and on the company being wound up the court on the application of such creditor and on proof that he was ignorant of the proceedings taken with a view to the reduc- tion or of their nature and effect with respect to his claim may if it thinks fit settle a list of such contributories accordingly and make and enforce calls and orders on the contributories settled on such list in the same manner in all respects as if 162 COMPANIES Cap. 61 32 they were ordinary contributories in a winding up; but the ^ provisions of this section shall not affect the rights of the con- tributories of the company among themselves. 1901, c. 20, s. 85. 86. A minute when registered shall be embodied in every j;ggjg^g,,gj copy of the memorandum of association issued after its regis- ™'J,'J*JiJj j^^ tration; and if any company makes default in complying with memorandum ,1 . . r ii • , • ' T ^^ ^ ^ . . of association tne provisions of this section it shall upon summary conviction be liable to a penalty not exceeding $5 for each copy in respect of Yv'hich such default is made; and every director, manager, secretary and officer of the companj' who shall knowingly and wilfully authorize or permit such default shall upon sum- mary conviction be Uable to the like penalty. 1901, c. 20, s. 86. 87 If any director, manager, or officer of a company wil- ^on^^'j'ns fully conceals the name of any creditor of the company who creditor is entitled to ob.iect to the proposed reduction or wilfully mis- object represents the nature or amount of the debt or claim of any creditor of the company or if any director or manager of the company aids or abets in or is privy to any such concealment or misrepresentation as aforesaid every such director manager, or officer shall for every such offence upion summary conviction be liable to a penalty not exceeding $500. 1901, c. 20, s. 87. 88. Any company limited by shares may so far modify the Reduction by conditions contained in its memorandum of association if unised'^hares authorized so to do by its regulations as originally framed or as altered by special resolution as to reduce its capital by cancelling any shares which at the date of the passing of such resolution have not been taken or agreed to be taken by any person; and the provisions of the ten next preced'^.g sections of this Ordinance shall not apply to any reduct'on of capital made in pursuance of this section. 1901, c. 20, s. 88. Alteration of Objects l\Ientioned in Memorandum of Association. 89. Subject to the provisions of this Ordinance anv com- ;^it«-ation of panv registered under this Ordinance may by special resolu- of association ^.*^,*^, .. (>•, ic • _L- or constitution tion alter the provisions oi its memorandum ot association so far as may be required for any of the purposes hereinafter specified; but in no case shall any such alteration take effect until confirmed on petition by the court. (2) Before confirming any such alteration the court must be satisfied — (a) That sufficient nofce has been given to every holder of debentures or debenture stock of the company and any person or class of persons whose nterests will in the opinion of the court be affected by the alteration; and 163 33 Cap. Gl COMPANIES (b) That with respect to every creditor who in the opinion of the court is entitled to object and who signifies his objection in manner directed by the court either his consent to the alteration has been obtained or his debt or claim has been discharged or determined or has been secured to the satisfaction of the court: Provided that the court may in the case of any person or class of persons for special purposes dispense with the notice required by this section. (3) An order confirming any such alteration may be on such terms and subject to such conditions as to the court seems fit; and the court may make such orders as to costs as it deems proper. (4) The coui't shall in exercising its discretion under the provisions of this section have regard to the rights and inter- ests of the members of the company or of any class of those members as well as to the rights and interests of the creditors; and may if it thinks fit adjourn the proceedings in order that an arrangement may be made to the satisfaction of the court for the purchase of the interest of dissentient members; and the court may give such directions and make such orders as it may think expedient for the purpose of facilitating any such arrangement or carrying the same into effect: Provided always that it shall not be lawful to expend any part of the capital of the company in any such purchase. (5) The court may confirm either wholly or in part any such alteration as aforesaid with respect to the objects of the company if it appears that the alteration is required in order to enable the company — (a) To carry on its business more economically or more efficiently; or (6) To attain its main purpose by new or improved means; or (c) To enlarge or change the local area of its operations; or (d) To carry on some business which under existing cir- cumstances may conveniently or advantageously be combined with the business of the company; or (e) To restrict or abandon any of the objects specified in the memorandum of association. 1901, c. 20, s. 89. Registration 90. Where a company has altered the provisions of its mem- memo"andum oraudum of associatiou with respect to the objects of the com- ot association p^^y ^nd such alteration has been confirmed by the court, an office copy of the order confirming such alteration together with a copy of the memorandum of association so altered shall be delivered by the company to the registrar within fifteen days from the date of the order; and the registrar shall register the same; and shall certify under his hand the registration 104 Grounds of confirmation COMPANIES Cap. 61 34 thereof; and his certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to such altera- tion and confirmation thereof have been complied with; and thenceforth but subject to the provisions of this Ordinance the memorandum so altered shall be the memorandum of association of the company. (2) If the company makes default in delivering to the regis- Penalty trar any document required by this section to be deUvered to him the company shall upon summary conviction be liable to a penalty not exceeding §50 for every day during which it is in default; and every director, manager, secretary and officer of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be Uable to the like penalty. 1901, c. 20, s. 90. Increase of Capital. 91. Any company hmited by shares may so far modify thepowerof conditions contained in its memorandum of association if companies authorized to do so by its regulations as originally framed or J^g^*^®^,^^^^^^ altered by special resolution in manner hereinafter mentioned °f association as to increase its capital by the issue of new shares of such amount as it thinks expedient or to consolidate and divide its capital into shares of larger amount than its existing shares or to convert its existing shares into stock but save as afore- said and save as to the location of the registered office of the company and as herein provided no alteration shall be made by the company in the conditions contained in its memoran- dum of association. 1901, c. 20, s. 91. Change of Name. 93. When a company is desirous of changing its name the Proceedings registrar upon being satisfied that the company is in a solvent of name condition, that the change is not otherwise objectionable, that the change has been sanctioned by a special resolution of the company and that the notice hereinafter provided has been duly given may change the name of the company to some other name. (2) The company shall give at least one month's previous notice in the gazette and in some newspaper published or cir- culated in the locality in which the operations of the company are carried on of the intention to apply for the change of name and shall state the name proposed to be adopted. (3) Such change of name shall be conclusively established by the insertion in the gazette of a notice thereof by the regis- trar. 1901, c. 20, s. 92. 93. No contract or engagement entered into by or with the Sge°of 'name company and no liability incurred by it shall be affected by the change of name; and all suits commenced by or against 165 35 Cap. 61 COMPANIES the company prior to the change of name may be proceeded with against or by the company under its former name. 1901, c. 20, s. 93. TOmpanymay ^4. Any limited company may by a special resolution if re^soiution authorized so to do by its regulations as originally framed or make liability as altered bv Special resolution from time to time modify the of directors -,., ^,. ... , p ' >• £ unlimited couditious contamecl m its memorandum oi association so tar as to render unlimited the liability of its directors or managers or of the managing director; and such special resolution shall be of the same vahdity as if it had been originally contained in the memorandum of association; and a copy thereof shall be embodied in or annexed to every copy of the memorandum of association which is issued after the passing of the resolution; any default in this respect shall be deemed to be a default in complying with the provisions of the one hundred and twenty- fourth section of this Ordinance and shall be punished accord- ingly. 1901, c. 20, s. 94. Contracts. Contracts how made Specialty .Simple contracts required by law to be in writing Contracts by parole 95. Contracts on behalf of any company incorporated under this Ordinance may be made as follows, that is to say: (a) Any contract which if made between private persons would be by law required to be in writing, and if made according to the law of the Territories or of the Dominion of Canada to be under seal may be made on behalf of the company in writing under the com- mon seal of the company; and such contract may be in the same manner varied or discharged; (6) Any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company; and such contract may in the same manner be varied or discharged; (c) Any contract which if made between private persons would by law be valid although made by parole only and not reduced into writing may be made by parole on behalf of the company by any person acting under the express or implied authority of the company; and such contract may in the same manner be varied or discharged; and all contracts made according to the provisions herein contained shall be effectual in law; and shall be binding upon the company and their successors and all other parties thereto, their heirs, executors or administrators as the case may be. 1901, c. 20, s. 95. 160 COMPANIES Cap. 61 36 96. A promissory note or bill of exchange shall be deemed Promissory , T \ 1 1 , T 1 z' c notes and bills to have been made, accepted or endorsed on behalf of any of exchange company under this Ordinance if made, accepted or endorsed in the name of the company by any person acting under the authority of the company or if made, accepted or endor. ed by or on behalf or on account of the company by any person acting under the authority of the company. 1901, c. 20, s. 96. 97. Subject to the provisions of section 95 every contract, contracts agreement, engagement or bargain made and every bill ofSrby ""'^" exchange drawn, accepted or endorsed and every promissory ''°™'''*"^' ''*'' note and cheque made, drawn or endorsed on behalf of the company by any agent, officer or servant of the company in general accordance with his powers as such under the regula- tions of the company shall be binding upon the company; and in no case shall it be necessary to have the seal of the com- pany affixed to any such contract, agreement, engagement, bar- gain, bill of exchange, promissory note or cheque or to prove that the same was made, drawn, accepted or endorsed as the case may be in pursuance of any regulations or special resolu- tion or order; nor shall the party so acting as agent, officer or servant of the company be thereby subjected individually to any liabihty whatsoever to any third party therefor. 1901, c. 20, s. 97. Borrowing Powers. 98. All companies under this Ordinance shall have powe- borTow*money subject to the conditions of and in addition to all other powers and to se^cure conferred by this Ordinance to borrow money for the purpose of carrying out the objects of their respective incorporations; and to hypothecate, pledge or mortgage their real and personal property; to issue debentures secured by mortgages or other- wise; to sign bills, notes, contracts and other evidences of or securities for money borrowed or to be borrowed by them for the purposes aforesaid; and to pledge debentures as security for temporary loans. (2) These powers shall not be exercised except with the sanction of a resolution of the company previously given in general meeting. 1901, c. 20, s. 98; 1907, c. 5, s. 13. Power to ^ reissue [98a. Where either before or after the passing of this section] a company has redeemed any debentures previously issued, J'/Sures in the company, unless the articles of association of the company ''ertain cases or the conditions of issue expressly otherwise provide, or unless the debentures have been redeemed in pursuance of any obli- gation on the company so to do, and not being an obligation enforceable only by the persons to whom the redeemed deben- tures were issued or his assigns, shall have power, and shall be deemed always to have had power, to keep the debentures alive for the purpose of re-issue, and where a company has purported to exercise such a power, the company shall have 167 37 Cap. 61 COMPANIES power, and shall be deemed always to have had power, to re-issue the debentures, either by re-issuing the same debentures or by issuing other debentures in their place, and upon such a re-i:~sue, the person entitled to the debentures shall have, and shaU be deemed always to have had, the same rights and priorities as if the debentures had not previously been issued. (2) Where with the object of keeping debentures alive fo^ the purpose of re-issue, they have either before or after th^ passing of this section been transferred to a nominee of the company, a transfer from that nominee shall be deemed to be a re-issue for the purpose of this section. (.3) Where a company has either before or after the passing of this section deposited any of its debentures to secure advances from time to time on current account or otherwise, the deben- ture shall not be deemed to have been redeemed iDy reason only of the account of the company having ceased to be in debit whilst the debentures remained so deposited. (4) Nothing in this section shall prejudice — (a) The operation of any judgment or order of a court of competent jurisdiction pronounced or made before the coming into force of this section, as between the parties to the proceedings in which the judgment was pronounced or the order made, and anj' appeal from any such judgment or order shall be decided as if this section had not been passed; or (5) Any power to issue debentures in the place of any debentures paid off or otherwise satisfied or exting- uished resented to a company by its debentures or the securities for the same.] 1908, c. 20, s. 3. P ruvi>iion^ for Protection of Creditors. Registered office of company 99. Every company under this Ordinance shall have a regis- tered office within the Territories to which all communications may be addressed. (2) If any company under this Ordinance carries on busi- ness without having such an office it shall upon summary con- viction be liable to a penalty not exceeding $25 for every day during which business is so carried on. 1901, c. 20, s. 99. Notice of situation of Publication of name by a limited company 100. Notice of the situation of such registered office and of any change therein shall be given to the registrar and recorded by him; and until such notice is given the company shall not be deemed to have complied with the provisions of this Ordi- nance with respect to having a registered office. 1901, c. 20, s. 100. 101. Every limited company under this Ordinance whether hmited by shares or by guarantee shall paint or affix and shall keep painted or affixed its name on the outside of every office 168 COMPANIES Cap. 61 38 or place in which the business of the company is carried on in a conspicuous position in letters easily legible; and shall have its name engraven in legible characters on its seal; and shall have its name mentioned in legible characters in all notices, advertisements and other official publications of such company and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of such company; and in ah bills of parcels, invoices, receipts and letters of credit of the company. 1901, c. 20, s. 101. 103. If any hmited company under this Ordinance does ^'™_^jj^'gy°f not paint or affix and keep painted or affixed its name in man- J^™ of ner directed by this Ordinance it shall upon summary con- ^'iction be liable to a penalty not exceeding $25 for not so paint- ing or affixing its name and for every day during which such name is not so kept painted or affixed; and every director and manager of the company who shall knowingly and wil- fully authorize and permit such default shall upon summary conviction be liable to the like penalty ; and if any director, man- ager or officer of such company or any person on its behalf uses or authorizes the use of any seal purporting to be the seal of the company whereon its name is not so engraven as afore- said or issues or authorizes the issue of any notice, advertise- ment or other official publication of such company or signs or authorizes to be signed on behalf of such company any bill of exchange, promissory note, endorsement, cheque or order for money or goods or issues or authorizes to be issued any bill of parcels, invoice, receipt or letter of credit of the company whereby its name is not mentioned in manner aforesaid he shall upon summ.ary conviction be liable to a penalty of $250 and shall further be personally hable to the holder of any such bill of exchange, promissoiy note, cheque or order for money or goods for the amount thereof unless the same is duly paid by the company. 1901, c. 20, s. 102. 103. Every company under this Ordinance shall keep a^^ftgagef register of all mortgages and charges specifically affecting property of the company; and shall enter in such register in respect of each mortgage or charge a short description of the property mortgaged or charged, the amount of charge created, and the names of the m.ortgagees or persons entitled to such charge ; and if any property of the company is mortgaged with- out such entry as aforesaid being made eveiy director, man- ager or officer of the company who knowingly and wilfully authorizes or perarits the omission of such entry shall upon summary conviction be liable to a penalty not exceeding $250. (2) The register of mortgages required by this section shall be open to inspection by any creditor or member of the com- pany at all reasonable times; and if such inspection is refused any officer of the company refusing the same and every direc- 169 39 Cap. 61 COMPANIES tor and manager of the company authorizing or knowingly and wilfully permitting such refusal shall upon summary con- viction be liable to a penalty not exceeding $25 and a further penalty of $10 for every day during which such refusal con- tinues; and in addition to the above penalty any judge of the Supreme Court sitting in chambers may by summary order compel an immediate inspection of the register. 1901, c. 20, s. 103. Rejlister of ilirectois, etc 104. Every company under this Ordinance shall keep at its registered office a register containing the names and addresses and the occupations of its directors or managers; and shall send to the registrar a copy of such register; and shall from time to time notify the registrar of any change that takes place in such directors or managers. 1901, c. 20, s. 104. Penalty on cumpnay not keeping legister 105. If any company under this Ordinance makes default in keeping a register of its directors or managers or in send- ing a copy of such register to the registrar in compliance with the foregoing rules or in notifying to the registrar any change that takes place in such directors or managers such delinquent company shall upon summary conviction be liable to a penalty not exceeding $25 for every day during which such default continues; and every director and manager of the company who shall knowingly and wilfully authorize or permit such default shall upon summary conviction be liable to the like penalty. 1901, c. 20, s. 105. ranTkig^on 106. If any company under this Ordinance carries on busi- fesflhanlhree ^6ss whcu the uumbcr of its members is less than three for members a pcriod of six months after the number has been so reduced every person who is a member of such company during the time that it so carries on business after such period of six months- and is cognizant of the fact that it is so carying on business with fewer than three members shall be severally liable for the payment of the whole of the debts of the company con- tracted during such time and may be sued for the same with- out the joinder in the action of suit of any other member. 1901, c. 20, s. 106. ™mmenc°ement ^^'^ ' ^ compauy shall uot commeuce any business or exer- of business cise any borrowing powers unless — (a) Shares held subject to the payment of the whole amount thereof in cash have been allotted to an amount- not less in the whole than the minimum subscription; and ' (6) Every director of the company has paid to the com- pany on each of the shares taken or contracted to f ' be taken by him and for which he is liable to pay in. ,170 COMPANIES Cap. 61 40 cash a proportion equal to the proportion payable on , application and allotment on the shares offered for pubUc subscription; and (c) There has been filed with the registrar a statutory declaration by the secretary or one of the directors in the prescribed form that the aforesaid conditions have been complied with. (2) The registrar shall on the filing of this statutory declara- tion certify that the company is entitled to commence business ; and that certificate shall be conclusive evidence that the com- pany is so entitled. (3) Any contract made by a company before the date at which it is entitled to commence business shall be provisional only ; and shall not be binding on the company until that date ; and on that date it shall become binding. (4) Nothing in this section shall prevent the simultaneous offer for subscription of any shares and debentures or the receipt of any application. (5) If any company commences business or exercises bor- rowing powers in contravention of this section every person who is responsible for the contravention shall without pre- judice to any other hability be liable to a fine not exceeding S200 for every day during which the contravention continues. (6) This section shall not apply to any company where there is no invitation to the pubUc to subscribe for its shares. 1901, c. 20, s. 107. 108. No allotment shall be made of any share capital of a to allotment company offered to the public for subscription unless the fol- lowing conditions have been complied with, namely. (a) The amount if any fixed by the memorandum or articles of association and named in the prospectus as a minimum subscription upon which the directors may proceed to allotment ; or (b) If no amount is so fixed and named, then the whole amount of the share capital so offered for subscription has been subscribed and the sum payable on applica- tion for the amount so fixed and named or for the \A'hole amount offered for subscription has been paid to and received by the company. (2) The amount so fixed and named and the whole amount aforesaid shall be reckoned exclusively of any amount payable otherwise than in cash and is in this Ordinance referred to as the minimum subscription. (3) The amount payable on application on each share shall not be less than five per centum of the nominal amount of th(> share. 171 41 Cap. 61 COMPANIES (4) If the conditions aforesaid have not been complied with on the expiration of forty days after the first issue of the pros- pectus all money received from apphcants for shares shall be forthwith repaid to the applicants without interest; and if any such money is not repaid within forty-eight days after the issue of the prospectus the directors of the company shall be jointly and severally liable to repay that money with interest at the rate of five per centum per annum from the expiration of the forty-eight days: Provided that a director shall not be liable if he proves that the loss of the money was not due to any misconduct or neg- ligence on his part. (5) Any condition requiring or binding an applicant for shares to waive compliance with any requirement of this section shall be void. (6) This section except subsection (3) thereof shall not apply to any allotment of shares subsequent to the first allot- ment of shares offered to the public for subscription. 1901, c. 20, s. 108. Effect of irregular allotment 109. An allotment made by a company to an applicant in contravention of the foregoing provisions of this Ordinance shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of the com- pany and not later; and shall be voidable notwithstanding that the company is in course of being wound up. (2) If any director of a company knowingly contravenes or permits or authorizes the contravention of any of the fore- going provisions of this Ordinance with respect to allotments he shall be liable to compensate the company and the allottee respectively for any loss, damage or costs which the company or the allottee may have sustained or incurred thereby: Provided that proceedings to recover such loss, damage or costs shall not be commenced after the expiration of two years from the date of the allotment. 1901, c. 20, s. 109. Returns as to allotments 110. Whenever a company limited by shares makes any allotment of its shares the company shall within one month thereafter file with the registrar — (a) A return of the allotments stating the number and- nominal amount of the shares comprised in the allot- ment; the names, addresses and descriptions of the allottees; and the amounts if any paid or due and payable on each share; and [(b) In the case of shares allotted in whole or in part for a consideration other than cash, a contract in writing stating the title of the allottee to such allotment, together with any contract of sale or for services, or other consideration in respect of which such allotment 172 COMPANIES Cap. 61 42 was made, and in default of such contract being filed, such shares shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash; and a return stating the number and nominal amount of shares so allotted, and the extent to which they are to be treated as paid up and the consideration for which they have been allotted : Provided that whenever after the coming into force Proviso of this amendment any shares in the capital of any company credited as fully or partly paid up shall have been or may be issued for a consideration other than cash and no such contract or no sufficient contract is so filed with the registrar and whenever before the coming into force of the amendment to this Ordinance repealing section 43 thereof no such contract or no sufficient contract was or has been filed with the registrar at or before the issue of any such shares the company or any person interested in such shares or any of them may apply to the court for relief, and the court if satisfied that the omission to file the con- tract or a sufficient contract was accidental or due to inadvertence or that for any reason it is just and equitable to grant relief, may make an order for the filing with the registrar of a sufficient contract in writing, and directing that on such contract being ffied within a specified period it shall in relation to such shares operate as if it had been duly filed with the registrar aforesaid and any such application may be made in the manner in which an application to rectify the register of members may be made under section 40 of this Ordinance, and either before or after an order has been made or an effective resolution has been passed for the winding up of such company, and either before or after the commencement of any pro- ceedings for enforcing the liability of such shares consequent on the omission aforesaid, and any such application shall, if not made by the company, be served on the company and the court may make such order upon such application as may seem meet, and as to costs, and may direct that an office copy of the order be filed with the registrar, and may, if it appear that the fihng of the requisite contract would cause delay or inconvenience, or is impracticable, direct the ffiing in heu thereof of a memorandum in writing in a form approved by the court, specifying the consideration for which the shares were issued, and may direct that on such memorandum being filed within a specified period, it shall in relation to such shares operate as if it were a sufficient contract in writing as by law is or was required.] 173 43 Cap. 61 coMPANiKS (2) If default is made in complying with the requirements of this section every director, manager, .secretary or other officer of the company who is knowingly a party to the default shall be liable to a fine not exceeding $250 for every day during which default continues. 1901, c. 20, s. 110; 1907, c. 5, s. 13. di'sZfnfs°°etc. Ill- Upon any offer of shares to the public for subscription it shall be lawful for a company to pay a commission to any person in consideration of his subscribing or agreeing to sub- scribe whether absolutely or conditionally for any shares in the company or procuring or agreeing to procure subscriptions whether absolute or conditional for any shares in the company if the payment of the commission and the amount or rate per centum of the commission paid or agreed to be paid are respec- tively authorized by the articles of association and disclosed in the prospectus and the commission paid or agreed to be paid does not exceed the amount or rate so authorized. (2) Save as aforesaid no company shall apply any of its shares or capital money either directly or indirectly in pay- ment of any commission, discount or allowance to any person on consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally for any shares in the com- pany or procuring or agreeing to procure subscriptions whether absolute or conditional for anj' shares in the company whether the shares or money be so applied by being added to the pur- chase money of any property acquired by the company or to the contract price of any work to be executed for the com- pany or the money to be paid out of the nominal purchase monej^ or contract price or otherwise. (3) Nothing in this section shall affect the power of any company to pay such brokerage as it has heretofore been law- ful for a company to pay. 1901, c. 20, s. 111. Notices, etc. Corporate ng. In any action or proceeding it shall not be necessary of memo- to sct forth the mode of incorporation of the company other- in"actk)'ns '^" wlsc tliau by mention of it under its corporate name as incor- r°edmgs" poratcd or reincorporated under this Ordinance ; and the mem- orandum and articles of association of the company or any exemplification or copy thereof certified under the hand and seal of the registrar or any copy of the gazette containing such memorandum and articles of association shall be conclusive proof of everv matter and thing therein set forth. 1901, c. 20, s. 112. ceitifiedcopy 113. A copy of any resolution of a company under its seal of resolution j.*j_i* ii r*^cT prima facie and purporting to be signed by any ofncer of the company shall be prima facie evidence of such resolution. 1901, c. 20. s. 113. 174 COMPANIES Cap. 61 44 114. Any summons, notice, order or other process or docu- Service on ment requiring to be served upon tire company may in addition''"™"™^ to any other method of service from time to time provided by any Ordinance or rule of court in that behalf be served by leaving the same at the registered office of the company with any adult person in the employ of the company or by leaving it with the president or secretary of the company or by leaving the same at the domicile of either of them or with any adult person of his family or in his employ or by sending it in a pre- paid letter addressed to the company at its registered office or if the company has no registered office or has no known pres- ident or secretary the court may order such publication as it deems requisite to be made in the premises and such publica- tion shall be held to be due service upon the company. 1901, c. 20, s. 114. 115. Any document to be served by post on the company Rules as to shall be posted in such time as to admit of its being delivered TeMe?^ ^ in the due course of delivery within the period if any pre- scribed for the service thereof; and in proving service of such document it shall be sufficient to prove that such document was properly directed and that it was put as a prepaid letter into the post office. 1901, c. 20, s. 115. 116. Any summons, notice, order or proceeding requiring Authentication authentication by the company may be signed by any director, °^ "p^ny ""^ secretary or other authorized officer of the company and need not be under the common seal of the company; and the same may be in writing or in print or partly in writing and partly in print. 1901, c. 20, s. 116. Statutory Meeting. 117. Every company limited by shares shall within a period First statutory of six months from the date at which the company is entitled company to commence business hold a general meeting of the members of the company which shall be called the statutory meeting. (2) The directors shall at least seven days before the day on which the meeting is held forward to every member of the company a report certified by not less than two directors of the company or where there are less than two directors by the sole director and manager stating — (a) The total number of shares allotted distinguishing shares allotted as fully or partly paid up otherwise than in cash; and stating in the case of shares partly paid up the extent to which they are so paid up; and in either case the consideration for which they have been allotted ; (h) The total amount of cash received by the company in respect of such shares distinguished as aforesaid; 175 45 Cap. ()1 COMPANIES (c) An absti-act of the receipts and payments of the com- pany on capital account to the date of the report; and an account or estimate of the prehminaiy expenses of the company; (d) The names, addresses and descriptions of the direc- tors, auditors if any, manager if any and secretary of the company; and (e) The particulars of any contract the modification of which is to be submitted to the meeting for its appro- val; together with the particulars of the modification or proposed modification. (3) The report shall so far as it relates to the shares allotted by the company and to the cash received in respect to such shares and to the receipts and payment of the company on capital account he certified as correct by the auditors if any of the company. (-1) The directors shall cause a copy of the report certified as liy this section required to be filed with the registrar forth- with after the sending thereof to the members of the company. (5) The directors shall cause a list showing the names, des- criptions, and addresses of the members of the company and the number of shares held by them respectively to be pro- duced at the commencement of the m.ceting and to remain open and accessible to any member of the company during the con- tinuance of the meeting. (6) The members of the company present at the meeting shall be at liberty to discuss any matter relating to the forma- tion of the company or arising out of the report whether pre- vious notice has been given or not ; but no resolution of which notice has not been given in accordance with the articles of association may be passed. (7) The meeting may adjeurn from time to time; and at any such adjourned meeting any resolution of which notice has been given in accordance with the articles of association either before or subsequently to the former meeting may be passed; and the adjourned meeting shall have the same powers as an original meeting. (8) If default is made in fifing such report as aforesaid or in holding the statutory meeting then at the expiration of fourteen days after the last day on which the meeting ought to have been held any shareholder may petition the court for the winding up of the company; and upon the hearing of the petition the court may either direct that the company be wound up or give directions for the report being filed or a meeting being held or make such other order as may be just; and may order that the costs of the petition lie paid l^y any persons who in the opinion of the court are responsible for the default 1901, c. 20, s. 117. 170 coMPANiKs Cap. 61 46 118. A general meetine of eveiv company under this Ordi- <^'™«'.'''*i 1 11 1 111 ,1 , ' • meetings nance shall be held once at least m every year. (2) Notwithstanding anything in the regulations of a com- pany the directors shall on the requisition of the holders of not less than one-tenth of the issued capital of the company upon which all calls and other sums then due have been paid forthwith proceed to convene an extraordinary meeting of the company. (3) The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the office of the conrpany; and may consist of several documents in like form each signed by one or more reciuisitionists. (4) If the directors of the company do not proceed to cause a meeting to be held within twenty-one days from the date of the requisition being so deposited the reciuisitionists or a major- ity of them in value may themselves convene the meting; but any meeting so convened shall not be held after three months from, the date of such deposit. (5) If at any such meeting a resolution requiring confirma- tion at another meeting is passed the directors shall forth- with convene a further extraordinary general meeting for the purpose of considering the resolution and if thought fit of confirming it as a special resolution; and if the directors do not convene the meeting within seven days from the date of the passing of the first resolution the requisitionists or a major- ity of them in value may themselves convene the meeting. (6) Any meeting convened under this section by the requi- sitionists shall be convened in the same manner as nearly as possible as that in which meetings are to be convened by direc- tors. 1901, c. 20, s. 118. 119. Subject to the provisions of this Ordinance and to the Aiteration^of conditions contained in the memorandum of association any special com-pany formed under this Ordinance may in general meet- ing from time to time by passing a special resolution in man- ner hereinafter mentioned alter all or any of the regulations of the company contained in the articles of association or in the table marked A in the first schedule where such table is applicable to the company or make new regulations to the exclusion of or in addition to all or any of the regulations of the company; and any regulations so made by special resolu- tion shall be deemed to be regulations of the company of the same validity as if they had been originally contained in the articles of association; and shall be subject in like m.anner to be altered or modified by any subsecjuent sp>ecial resolution. 1901, c. 20, s. 119. 120. A resolution passed by a company under this Ordi- rigdlftiuns nance shall be deemed to be special whenever a resolution has been passed bv a majority of not less than three-fourths of 177 47 Cap. 61 COMPANIES such members of the company for the time being entitled according to the regulations of the company to vote as may be present in person or b}' proxy in cases where by the regula- tions of the company proxies are allowed at any genei'al meeting of which notice specifying the intention to propose such resolu- tion has been duly given; and such resolution has been con- firmed by a majority of such members for the time being entitled according to the regulations of the company to vote as may be present in person or by proxy at a subsequent general meet- irg of which notice has been duly given and held at 8.n interval of not less than fourteen days nor more than one month from the date of the meeting at which such resolution was first passed. (2) At any meeting mentioned in this section unless a poll is demanded by at least five members a declaration of the chairman that the resolution has been carried shall be deemed conclusive evidence of the fact without proof of the number or proportion of the A'otes recorded in favour of or against the same. (3) Notice of any meeting shall for the purposes of this section be deemed to be duly given and the meeting to be duly held whenever such notice is given and meeting held in manner prescribed by the regulations of the company. (4) In computing the majority under this section when a poll is demanded reference shall be had to the number of votes to which each member is entitled by the regulations of the company. 1901, c. 20, s. 120. Provisions where no regulations as to voting 131. In default of any regulations as to voting every mem- ber shall have one vote; and in default of any regulations as to summoning general meetings a meeting shall be held to be duly summoned of which seven days' notice in writing has been served on even' member in manner in which notices are required to be served by the table marked A in the first sche- dule hereto; and in default of any regulations as to the person to summon meetings five members shall be competent to sum- mon the same; and in default of any regulations as to who is to be chairman of such meeting it shall be competent' for any person elected bv the members present to preside. 1901, c. 20, s. 121. R'gisl ration of s, fecial r3solu!ion 123. A copy of any special resolution that is passed by any company under this Ordinnce shall be forwarded to the regis- trar and be recorded by him. (2) If such copy is not fonvarded within fifteen days from the date of the confirm.ation of the resolution the company shall upon summary conviction be hable to a penalty not exceed- ing $10 for every day after the expiration of such fifteen days during which such copy is omitted to be forwarded; and everj^ director, manager and officer of the company who shall know- 178 COMPANIES Cap. 61 48 ingly and wilfully authorize or permit such default shall upon summaiT conviction be liable to the like penalty. 1901, c. 20, s. 122. 133. '\A'here articles of association have been registered a Special n ., ,.p ,. , . . f, resolutions to copy 01 cA'ciy special resolution for the time being m force be embodied shall be annexed to or embodied in eveiy copy of the articles o" Ssswfation, of association that may be issued after the passing of such members" *" resolution and where no articles of association have been regis- tered a copy of any special resolution shall be forwarded to any member requesting the same on payment of twenty-five cents or such less sum as the company may direct. (2) If any company makes default in complying with the provisions of this section it shall upon summary conviction be liable to a penalty not exceeding $5 for each copy in respect of which such default is made; and every director and man- ager of the company who shall knowingly and wilfully author- ize or permit such default shall upon summaiy conviction be Uable to the like penalty. 1901, c. 20, s. 123. 134. Any company under this Ordinance may by instru- Pp""'^'' "f ' . ^ I . ^ J attorney by ment" m writing under its common seal empower any person company either generalh' or in respect of any specified matters as its attoriiev to execute deeds on its behalf in any place situate within or without the hmits of the Territories; and eveiy deed signed l^y such attorney on behalf of the company and under his seal shall be binding on the company and have the same effect as if it were under the common seal of the company. 1901, c. 20, s. 124. Inspectors. 135. The Lieutenant Governor in Council may appoint oneipp'o^n'edby or more' competent inspectors to examine into affairs of any ^'J:^'^™^^"?^^ company under this Ordinance and to report thereon in such coundi^on manner as the Lieutenant Governor in Council may direct upon the applications following, that is to say: (a) In the case of any company that has a capital divided into shares upon the application of members holding not less than one-fifth of the whole shares of the company for the time being issued; (5) In the case of any company not having a capital divided into shares upon the application of members being in number no less than one-fifth of the whole num- ber of persons for the time being entered on the register of the company as mem.bers. 1901, c. 20, s. 125. 136. The apphcation shall be supported by such evidence ^^^Jj^^^n as the Lieutenant Governor in Council may require for the *» be based purpose of showing that the applicants have good reason for 179 49 Cap. 61 COMPANIES requiring such investigation to be made and that they are not actuated by mahcious motives in instituting the same; the Lieutenant Governor in Council may also require appHcants to give security for payment of the costs of the inquiry before appointing any inspector or inspectors. 1901, c. 20, s. 126. Officers, etc., to produce books, etc.. for inspection 137. It shall be the duty of all officers and agents of the company to produce for the examination of the inspectors all books and documents in their custody or power ; and any inspec- tor may examine upon oath the officers and agents of the com- pany in relation to its business and may administer such oath accordingly. (2) If any officer or agent refuses to produce any book or document hereby directed to be produced or to answer any question relating to the affairs of the company he shall upon summaiy conviction be liable to a penalty not exceeding $25 in respect of each offence. 1901, c. 20, s. 127. Report Expenses 138. Upon the conclusion of the examination the inspectors shall report the result of the same to the Lieutenant Governor in Council; and a copy of such report shall be forwarded by the Territorial Secretary to the registered office of the com- pany; and a further copy shall at the request of the members upon whose application inspection is made be delivered to them or to any one or more of them. (2) All expenses of and incidental to any such examination as aforesaid shall be defrayed by the members upon whose application the inspectors were appointed unless the Lieutenant Governor in Council shall direct the same to be paid out of the assets of the company which he is hereby authorized to do. 1901, c. 20, s. 128. Inspectors appointed by special resolution 129. Any company under this Ordinance may by special resolution appoint inspectors for the purpose of examining into the affairs of the company ; and the inspectors so appointed shall have the same powers and perform the same duties as inspectors appointed by the Lieutenant Governor in Council with this exception that instead of making their report to the Lieutenant Governor in Council they shall make the same in such manner and to such persons as the companj^ in general meeting directs; and the officers and agents of the company shall incur the same penalties in case of any refusal to produce any book or document hereby required to be produced to such inspectors or to answer any question as they would have incurred if such inspector had been appointed by the Lieutenant Governor in Council. 1901, c. 2Q; s. 129. Proof of .^ 130. A copy of the report of any inspectors appointed under ofre^rt'in'' this Ordinance authenticated by the seal of the company into leSia-™' whose affairs they have made the inspection shall be admis- 180 COMPANIES Cap. 61 50 sible_ in any legal proceedings as evidence of the opinion of the inspectors in relation to any matter contained in such report. 1901, c. 20, s. 130. Audit. 131. Every company shall at each annual general meeting app"?"*-™™' appoint an auditor or auditors to hold office until the next° "" '*°'^ annual general meeting. (2) If an appointment is not made at an annual general meeting the registrar may on the apphcation of any member of the company appoint an auditor of the company for the current year and fix the remuneration to be paid to him by the company for his services. (3) A director or officer of the company shall not be capable of being appointed auditor of the company. (4) The first auditors of the company may be appointed by the directors before the statutory meeting; and if so appointed shall hold office until the first annual general meeting unless previously removed by a resolution of the shareholders in general meeting in which case the shareholders at such meet- ing may appoint auditors. (5) The directors of the company may fiU any casual vacancy in the office of auditor; but while any such vacancy continues the surviving or continuing auditor or auditors if any may act. 1901, c. 20, s. 131. 133. Subject to the provisions of the next preceding section ^j^^'^^fJ^^J'™ the remuneration of the auditors of a company shall be fixed by the company in general meeting; except that the remuner- ation of any auditors appointed before the statutory meeting or to fill any casual vacancy may be fixed by the directors. 1901, c. 20, s. 132. 133. Every auditor of a company shall have a right of access Rights and at all times to the books and accounts and vouchers of theaudUore company and shall be entitled to require from the directors and officers of the company such information and explanation as may be necessary for the performance of the duties of the auditors; and the auditors shall sign a certificate at the foot of the balance sheet stating whether or not all their require- ments as auditors have been complied with; and slrall make a report to the shareholders on the accounts examined by them and on every balance sheet laid before the company in general meeting during their tenure of office; and in every such report shall state whether in their opinion the balance sheet referred to in their report is properly drawn up so as to exhibit a true and correct view of the state of the company's affairs as shown by the books of the company; and such report shall be read before the company in general meeting. 1901, c. 20, s. 133. 181 51 Cap. 61 COMPANIES Legal Proceedings. Evidence ot 134. Evei'y company under this Ordinance shall cause min- SeeTings"'^'' ^* utes of all resolutious and proceedings of general meetings of the company and of the directors and managers of the com- pany in cases where there are directors or managers to be duly entered in the books to be from time to time provided for the purpose; and any such minute as aforesaid if purporting to be signed by the chairman of the meeting at which such reso- lutions were passed or proceedings had or by the chairman of the next succeeding meeting shall be received as evidence in all legal proceedings; and until the contrary is proved everj' general meeting of the company or meeting of directors or managers in respect of proceedings of which minutes have been so made shall be deemed to have been duly held and con- vened and all resolutions passed thereat or proceedings had to have been duly passed and had and all appointments of directors, managers or liquidators shall be deemed to be vahd; and 8.11 acts done by such directors, managers or hquidators shall be valid notwithstanding any defect tliat may afterwards be discovered in their appointments or quahfications. 1901, c. 20, s. 134. Plaintiff com- pany to give 135. Where a company under this Ordinance is plaintiff in security for any actiou, suit or other legal proceeding any iudge having costs in certain .'.,..,, ° .^ . o j d & ti cases jurisdiction m the matter may it it appears by any credible testimony that there is reason to believe that if the defendant be successful in his defence the assets of the company will be insufhcient to pay his costs require sufficient security to be given for such costs and may stay all proceedings until such security is given. 1901, c. 20, s. 135. Deeiaiation in igg. jn any actiou or suit brought by a company under action against i.^-xi. ., i f J member this Ordinance against any member to recover any call or other moneys due from such member in his character of mem- ber it shall not be necessary to set forth the special matter but it shall be sufficient to allege that the defendant is a member of the company and is indebted to the company in respect of a call made or other moneys due whereby a right of action or suit hath accrued to the company. 1901, c. 20, s. 136. Fa se Statement. Penalty tor 137. If any person in any return, report, certificate, bal- ance sheet or other document required by or for the purpose''? of this Ordinance wilfully makes a statement false in any mater- ial particular knowing it to be false he shall be Uable on sum- mary conviction to a penalty not exceeding 1500 or to imprison- ment for a term not exceeding four months or to both fine and imprisonment. 1901, c. 20, s. 137. 182 coitPANiEs Cap. 61 52 Arhitration. 138. Any company under thig Ordinance may from tim(> P"'^'^'' »." , ,,. 1 , . ^ , . ^ companies to to tnne by writing under its common seal agree to refer and '-efer matters may refer to arljitration in accordance with The ArhitraHo)i^° ''' ura wn Ordinance any existing or future difference, ciuestion, or other matter whatsoever in dispute between itself and any other company or person; and the parties to the arbitration may delegate to the person or persons to whom the reference is made power to settle any terms or to determine any matter capable of being lawfully settled or determined by the com- panies themselves or by the directors or other managing body of such companies. 1901, c. 20, s. 138. 139. All the provisions of The Arhitration Ordinance shall ■^'p.'''^^'>°° °f , , . ^ ... Arbitration be deemed to apply to arbitrations between companies and ordinance persons in pursuance of this Ordinance. 1901, c. 20, s. 139. 140. The forms set forth in the second schedule hereto or covenw "L forms as near thereto as circumstances admit shall be used in arte?"foms^ in all matter to which such forms refer. schedule (2) The Lieutenant Governor in Council may from time to time make such alterations in the forms in the second schedule or make such additions to the said forms as may be requisite. (3) Any alteration or any form when altered shall be pub- lished in the gazette; and upon such publication being made such alteration or such form shall have the same force as if it were included in the schedule to this Ordinance and shall be substituted in or for the form it alters. 1901, c. 20, s. 140. PART IV. — Application to Existing Companies. 141. Any company heretofore incorporated by any special ^xistinf^^^ Ordinance of the Territories or by letters patent under the may register provisions of any Ordinance of the Territories may register itself under this Ordinance as a company limited by shares. 1901, c. 20, s. 141. 142. The procedure for registering any existing company Procedure for registration of existing company , ,, , J. ,, rcBistration shall be as loliows : of existing 1. If it is not desired to make any alteration in the name, objects or capital of the company nor to provide for a new allotment of shares the directors may apply to the registrar to have the company registered; 2. If the directors should desire to change the name of the company or to extend its objects or to increase or reduce its capital or to provide for a new allotment of shares they shall call a meeting of the shareholders of the company by sending to each shareholder through the post in a prepaid letter addressed 183 53 Cap. 61 COMPANIES to him at his registered place of abode seven days' notice at the least specifying the place, the day and the hour of meeting and containing a copy of the resolution to be submitted to such meeting and such resolution shall contain particulars of the proposed alterations; 3. In case it shall be resolved by a vote of not less than two-thirds in value of the shareholders present in person or by proxy at such meeting that the company be registered under this Ordinance in manner specified the directors shall apply to the registrar to have the company so registered. 1901, c. 20, s. 142. fo?''regist?ation ^'^^- ^^^^^^ ^^ existing Company applies for registration by existing undcr this Ordinance there shall be delivered to the registrar the following documents duly verified: 1. A list showing the names, addresses and occupations of all persons who on a day named on such list and not being more than ten clear days before the day of registration were members of such company with the addition of the shares held by such persons respcctiA'cly distinguishing in cases where such shares are numbered each share by its number; 2. The names of the directors of such company; 3. A copy of any letters patent, certificate or other instm- ment constituting or regulating the company or if incorpor- ated by a special Ordinance a reference to such Ordinance and any amendments thereto; 4. A statement verifying the following particulars, that is to say : (a) The nominal capital of the company and the number of shares into which it is divided; (b) The number of shares taken and the amount paid on each share ; (c) The name of the company \vith the addition of the word "Limited" as the last word thereof; 5. A memorandum of association or a statement that the letters patent or special Ordinance of incorporation as the case may be shall be treated as a memorandum of association and articles of association if desii'cd executed in the same manner and containing the same particulars as are neccssaiy upon the first registration of a company; 6. A copy of the resolution if any passed at the meeting of the company referred to in the preceding section. 1901, c 20, s. 143. Power to existing compfiny 1(1 vary objects of company, etc., upon leKistratiun 144. Where an existing company applies for rejzi^tration as aforesaid the memorandum of association shall conform with the terms of the resolution of the company; and may if so authorized extend, vary or limit the ])(>w('rs and objects of the 184 COMPANIES Cap. 61 ' 54 old company; and the cci'tificate of registration may be issued to the new company by the name of the old company or by any other name in which the last word shall be "Limited." (2) ^^'here an existing company applies for registration as aforesaid the capital of the company may be increased or decreased to any amount which may be fixed by the resolution of the company authorizing such resolution. (3) The said resolution may prescribe the manner in which the shares or stock in the new company are to be allotted; and in default of its so doing the control of the allotment shall vest absolutely in the directors of the new company. (4) AVhenever the registrar considers that public notice of an intended application as aforesaid should be given he may require such notice to be pubhshed in the gazette or otherwise as he thinks proper. (5) The registrar may further require evidence of the exist- ence of a company applying for registration as aforesaid. 1901, c. 20, s. 144. 145. Upon compliance by an existing company with the ^g^j^^^Jf^^^i^f^^"^ aforesaid requirements the registrar shall certify under his °f existing hand that the company so applying for registration is incor- porated as a company under this Ordinance and that it is limuted; and thereupon such company shall be incorporated and shall have perpetual succession and a common seal with power to hold lands. 1901, c. 20, s. 145. 146. A certificate of incorporation given at any time to any certificate of 1 . I- ,1 • , ,■ ,1 • /-^ 1- incorporation company registered m pursuance oi this part oi this Ordinance to be con- shall be conclusive evidence that all the requirements herein evidence contained in respect of registration under this Ordinance have been complied with; and that the company is authorized to be registered under this Ordinance as a limited company; and the date of incorporation mentioned in such certificate shall be deemed to be the date at which the company is incorporated under this Ordinance. 1901, c. 20, s. 146. 147. All such property real and personal including all inter- Transfer ot ests and rights in, to and out of property real and personal compLy ° and including obligations and things in action as may belong to or be vested in the company at the date of its registration under this Ordinance shall on registration pass to and vest in the company as incorporated under this Ordinance for all the t,feH-J OJ X u -' a -— ^ _ (T! ^ r* t> rjl -S"^ ■^ O 3 i r^ « OJ hf i^ ,; - r, C '/■ 5: -2; ;: fij (1) - ^ Cap. 61 68 First scheduJp Table A , S On CI B ^ H CO o < I — I ^ ^ ^ d a^ § ^ g 3 J75 QJ ^ d o a 5 5 ,5-2 - *^ a 5 . ..13 ^ o ^ ^ a) fi = g-s m o >^ o QJ £ M .^ QJ *^ QJ a -3 2 «-5 IS .. fl ^ SSg 0-2 '3, c S -^^ c ^.^ QJ 1, Q »Qa SCO; 'Sag O 03 o Eh O QJ ■ ■ (n a hO O ID Pi O-TJ o ^-a «^ © ^ --; , mi d ■s £ Si m y. i=! b V +- p ? -r- 3 Z K ^ m -H a t-)5 199 l_;fiH &«j f a b S3 b2 ^ < ^^ > o 69 Cap.'^ei COMPANIES TABLE B. — Table of Fees to be Paid to the Registrar by A Company having a Capital divided into Shares. First schedule Table B for registration of a company whose nominal capital does not exceed $10,000 a fee of $10 . 00 For registration of a company whose nominal capital exceeds $10,000 the above fee of $10 with the following additional fees regulated according to the amount of nominal capital, that is to say: For every $5,000 of nominal capital or part of $5,000 after the first $10,000 up to $25,000 5.00 For every $5,000 of nominal capital or part of $5,000 after the first $25,000 up to $500,000 2 . 00 For every $5,000 of nominal capital or part of $5,000 after the first $500,000 1 .00 For registration of any increase of capital made after the first registration of the company or any increase of capital of an existing company reg- istering under this Ordinance the same fees per $5,000 or part of a $5,000 as would have been payable if such increased capital had formed part of the original capital at the time of reg- istration in accordance with this table. For registration of any existing company except such companies as are by this Ordinance exempted from payment of fees in respect of registration under this Ordinance the same fee as is charged for registering a new company. For registering any document hereby required or authorized to be registered other than the mem- orandum of association 1 . 00 For making a record of any fact hereby authorized or required to be recorded by the registrar a fee of 1.00 TABLE C. — Table of Fees to be Paid to the Registrar by A Company not having a Capital divided into Shares. For registration of a company whose number of members as stated in the articles of association does not exceed 10 $10.00 For registration of a company whose number of members as stated in the articles of association exceeds 10 but does not exceed 100 25 . 00 200 COMPANIES Cap. 61 70 For registration of a company whose number of xabiVc^'^'''''^ members as stated in the articles of association exceeds 100 but is not stated to be unlimited the above fee of $25 with an additional $1 for every 50 members or less number than 50 members after the first 100 For registration of a company in which the num- ber of members is stated in the articles of associa- tion to be unlimited a fee of . . . . $100 . 00 For registration of any increase in the number of members made after the registration of the com- pany in respect of every 50 members or less than 50 members of such increase 1 . 6o Provided that no one company shall be Uable to pay on the whole a greater fee than $100 in respect of its number of members, taking into account the fee paid on the first registration of the com- pany. For registering any document hereby required or authorized to be registered other than the mem- orandum of association .... 1.00 For making a record of any fact hereby authorized or required to be recorded by the registrar of companies a fee of 1 . 00 SECOND SCHEDULE. FORM A. — Memorandum or Association of a Company Limited by Shares. (1) The name of the company is "The Rathburn Stove and second Furnace Company, Limited." FOTm^A (2) The registered ofhce of the company will be situate in (3) The objects for which the company is established are "the manufacture and sale of stoves and furnaces." (4) The liability of the members is hmited. (5) The capital of the company is dollars divided into shares of dollars each. [Provided that nothing herein contained shall be deemed to confer upon the company any powers to which the jurisdiction of the Legislature of the Province of Alberta does not extend, and particularly shall not be deemed to confer the right to issue promissory notes in the nature of bank notes; and all 201 71 Cap. 61 COMPANIES ^iecond schedule the powers in the said memorandum of association contained Form a" shall bc exercisable subject to the provisions of the laws in force in Alberta and regulations made thereunder in respect of the matters therein referred to, and especially with respect to the construction and operation of railways, telegraph and telephone lines, the business of insurance, and any other business with respect to which special law and regulations may now be or may hereafter be put in force.] 1907, c. 5, s. 13. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association and we respec- tively agree to take the number of shares in the capital of the company set opposite our respective names. NAMES, ADDRESSES .VXD DESCRIPTIONS OF SUBSCRIBERS No. of shares taken by each subscriber 1. John Jones, of , merchant 2, John .Smith, of , .3. Thomas Green, of. - , " 4. John Thompson, cf .5. Caleb White, cf , Total shares taken 200 2.5 .30 40 15 310 Dated the day of 190 . Witness to the above signatures — A.B.,oi FORM B. — Memorandum and Articles of Association of A Company Limited by Guarantee and not having A Capital divided into Shares. Memorandum of Association. Second ■Fo''m"B ^■'-) '^^^ name of the company is "The Western Ranch- man's Supply Association, Limited." (2) The registered ofRce of the company will be situate in (3) The objects for which the company is established are "the purchasing of all classes of goods, wares and merchan- dise and supplying the same to members of the company and the doing all such other things as are incidental or conducive to the attainment of the above objects." (4) Every member of the company undertakes to contri- bute to the assets of the company in the event of the same being wound up during the time that he is a member or within 202 COMPANIES Cap. 61 72 one year afterwards for payment of the debts and liabilities second of the company contracted before the time at which he ceases FomV to be a member and the costs, charges and expenses of wind- ing up the same and for the adjustment of the rights of the contributories amongst themselves such amount as may be required not exceeding dollars : [Provided that nothing herein contained shall be deemed to confer upon the company any powers to which the jurisdic- tion of the Legislature of the Province of Alberta does not extend, and particularly shall not be deemed to confer the right to issue promissory notes in the nature of bank notes ; and all the powers in the said memorandum of association contained shall be exercisable subject to the provisions of the laws in force in Alberta, and regulations made thereunder in respect of the matters therein referred to, and especially with respect to the construction and operation of railways, telegraph and tele- phone lines, the business of insurance and any other business with respect to which special law and regulations may now be or may hereafter be put in force.] 1907, c. 5, s. 13. "We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. Names, addresses and descriptions of subscribers : 1. John Jones, of ., merchant. 2. John Smith, of 3. Thomas Green, of 4. John Thompson, of. 5. Caleb White, of Dated the day of 190. Witness to the above signatures — A.5., of Articles of Association to Accompany Preceding Memorandum of Association. (1) The company for the purpose of registration is declared to consist of five hundred members. (2) The directors hereinafter mentioned may whenever the business of the association requii'es it register an increase of members. Definition of Members. (3) Every person shall be deemed to have agreed to become a member of the company who insures any ship or share in a ship in pursuance of the regulations hereinafter contained. 203 73 Cap. 61 COMPANIES General Meetings. '^c'heduie (4) "^^^ ^I'^t general meeting shall be held at such time not Form B being more than three months after the incorporation of the company and at such place as the directors may determine. (5) Subsequent general meetings shall be held at such time and place as may be prescribed by the company in general meeting; and if no other time or place is prescribed a general meeting shall be held on the first Monday in February in every year at such place as may be determined by the directors. (6) The above mentioned general meetings shall be called ordinary meetings; all other general meetings shall be called extraordinary. (7) The directors may whenever they think fit and they shall upon a requisition made in writing by any five or more members convene an extraordinary general meeting. (8) Any requisition made by the members shall express the object of the meeting proposed to be called and shall be left at the registered office of the company. (9) Upon the receipt of such requisition the directors shall forthwith proceed to convene a general meeting. If they do not proceed to convene the same within twenty-one days from the date of the requisition the requisitionists or any other fiA'e members may themselves convene a meeting. Proceedings at General Meetings. (10) Seven days' notice at the least specifying the place, the day and the hour of meeting and in case of special busi- ness the general nature of such business shall be given to mem- bers in manner hereinafter provided or in such other manner if any as may be prescribed by the company in general meeting ; but the nonreceipt of such notice by any member shall not invahdate the proceedings at any general m.eeting. (11) All business shall be deemed special that is transacted at an extraordinary meeting and all that is transacted at an ordinary meeting with the exception of the consideration of the accounts, balance sheets and the ordinary report of the directors. (12) No business shall be transacted at any meeting except the declaration of a dividend unless a quorum of members is present at the commencement of such business; and such quorum shall be ascertained as follows, that is to say : If the members of the company at the time of the meeting do not exceed ten in number the quorum shall be five; if they exceed ten there shall be added to the above quorum one for every five additional membeis up to fifty and one for every ten additional members after fifty with this limitation that no quomm shall in any case exceed thirty. 204 COMPANIES Cap. 61 74 (13) If within one hour from the time appointed for theSerond^ meeting a quorum of members is not present the meeting if Form b convened upon the requisition o the members shall be dis- solved. In any other case it shall stand adjourned to the same day in the following week at the same time and place; and if at such adjourned meeting a quorum of members is not present it shall be adjourned sine die. (14) The chairman if any of the directors shall preside as chairman at every general meeting of the company. (15) If there is no Such chairman or if at any meeting he is not present at the time of holding the same the members present shall choose some one of their number to be chairman at such meeting. (16) The chairman may with the consent of the meeting adjourn any meeting from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (17) At any general meeting unless a poll is demanded by at least five members a declaration by the chairman that a resolution has been carried and an entry to that effect in the book of proceedings of the company shall be sufficient evi- dence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. (18) If a poll is demanded in manner aforesaid the same shall be taken in such manner as the chairman directs and the result of such poll shall be deemed to be the resolution of the company in general meeting. Votes of Members. (19) Every member shall have one vote and no more. (20) If any member is a lunatic or idiot he may vote by his committee curator bonis or other legal curator or guardian. (21) No member shall be entitled to vote at any meeting unless all moneys due from him to the company have been paid. (22) Votes may be given either personally or by proxies. A proxy shall be appointed in writing under the hand of the appointor or if such appointor is a corporation under its common seal. (23) No person shall be appointed a proxy who is not a member and the instrument appointing him shall be deposited at the registered office of the company not less than twenty- four hours before the time of holding the meeting at which he proposes to vote. (24) Any instrument appointing a proxy shall be in the following form : 205 75 Cap. (Jl COMPANIES s®ohe°duie Company, Limited. Form B T r i • i l- i, ,01 , bemg a member or the Company, Limited, hereby appoint of , as my proxy, to vote for me and on my behalf at the [ordinary or extraordinary as the case may be] general meeting of the company to be held on the day of , and at any adjournment thereof to be held on the day of rext [or any meeting of the company that may be held in the year 190. . .]. As witness my hand this day of . . . - . Signed by the said in the presence of Directors. (25) The number of directors and the names of the first directors shall be determ-ined by the subscribers of the memo- randum of association. (26) Until directors are appointed the subscribers of the memorandum of association shall for all the purposes of this Ordinance be deemed to be directors. Powers of Directors. (27) The business of the company shall be managed by the directors who may exercise all such powers of the company as are not hereby required to be exercised by the companj' in general meeting; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been made. Election of Directors. (28) The directors shall be elected annually by the com- pany in general meeting. Business of Company. {Here insert rules as to mode in which business of company is carried on.) Notices. (29) A notice may be served by the company upon any member either personally or by sending it through the post in a prepaid letter addressed to such member at his registered place of abode. (30) Any notice if served by post shall be deemed to have been sei-ved at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service it shall be pi*fficient to prove that a letter containing the notice was properly addressed and put into the post office. :o6 COMPANIES Cap. Dl 76 FORM C. — Memorandum and Articles of Association of A Company Limited by Guarantee and having a Capital divided into Shares. Memorandum of Association. (1) The name of the company is "The Highland Hotel Hecond Company, Limited." 'pttt (2) The registered office of the company will be situate in. (3) The objects for which the company is established are: FaciUtating travelling in the Territories by providing hotels and conveyances for the accommodation of travellers and the doing all such other things as are incidental or conducive to the attainment of the above object. (4) Eveiy member of the company undertakes to contri- bute to the assets of the company in the event of the same being wound up during the time that he is a m.ember or within one year afterwards for payment of the debts and liabilities of the company contracted before the time at which he ceases to be a member and the costs, charges and expenses of winding up the same and for the adjustment of the rights of the contribu- tories amongst themselves such amount as may be required not exceeding dollars. '& ■ We, the several persons whose names and addresses are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. Names, addresses and descriptions of subscribers: 1. John Jones, of . . . , merchant. 2. John Smith, of 3. Thomas Green, of 4. John Thompson, of 5. Caleb White, of Dated the day of 190.. Witness to the above signatures — A.B.,oi Articles of Association to Accompany Preceding Memo- randum OF Association. (1) The capital of the company shall consist of dollars divided into shares of dollars each. (2) The directors may with the sanction of the company in general meeting reduce the amount of shares. (3) The directors may with the sanction of the company in p-eneral meeting cancel any shares belonging to the company. 207 77 Cap. 61 COMPANIES Schedule ^'*) ^^1 ^^^ articles of table A in the schedule to The Corn- Form c panics Ordinance shall be deemed to be incorporated with theyc articles and to apply to the company. \Ye, the several persons whose names and addresses are subscribed, agree to take the number of shares in capital of the company set opposite our respective names : NAMES, ADDRESSES AND DESCRIPTIONS OF SUBSCRIBERS Number of shares taken by each subscriber 1. John Jones, of 2. John Smith, of 3. Thomas Green, of , 4. John Thompson, of 5. Caleb White, of ,. . 200 2.5 .30 40 1.5 310 Dated the day of 190. Witness to the above signatures — A.B.,oi FORM D. — Memorandum and Articles of Association of AN Unlimited Company having a Capital divided into Shares. Memorandum of Association. Second (1) The name of the company is "The Patent Stereotype ; cliedul" /-^ )i i- -' ./I Form D Company. (2) The registered office of the company will be situate in (3) The objects for which the company is established are "the working of a patent method of founding and casting stereotype plates of which method John Smith of is the sole patentee." AVc, the several persons whose names are subscribed, are desirous of being formed into a company in pursuance of this memorandum of association. Names, addresses and descriptions of subscribers: 1. John Jones, of , merchant. 2. John Smith, of ', 3. Thomas Green, of . , " 4. John Thompson, of . , " 5. Caleb White, of , Dated the day of 190. . . Witness to the above signatures — A.B.,ol 208 COMPANIES Cap. 61 78 Articles of Association to Accompany the Preceding second schedule Memorandum of Association. ^'°™ ° Capital of the Company. The capital of the company is dollars divided into. . . shares of dollars each. Application of Table A. All the articles in table A in the schedule to The Companies Ordinance shall be deemed to be incorporated with these articles and to apply to the company. We, the several persons whose names and addresses ai'e subscribed, agree to take the number of shares in the capital of the company set opposite our respective names. X.A-MES, ADDRFS.SES AND DESCRIPTIONS OP SUBSCniBEHS Number of shares taken by subscribers 1. John Smith, of , merchant 2. John Jones, of " 3. Thomas Green, of " 1 5 2 4. John Thompson, of 5. Caleb White, of , Total shares taken 2 3 13 Dated the day of 190. Witness to the above signatures — A.B.,oi 209 79 Cap. 61 COMPANIES Second schedule Form E X « < S o o o o O C/2 o3 -t3 > ^ o fl.S c o ~ S C3 g.^ ;3 o p o3 O Q^ O , , o -(.^ 03 Oj 03 ' -^ P ti o'c' x 2 K ^ crt C nina' liber re h al ai i- " O -fJ S^ o ;^ ^ o ^^HH M ^ r^ o +-3 a >-> Tj c3 rt a "Tji r;^ 03 03 -f^ rr OS o H (T! o ^ r-j o ^ 2 ^ y: X C/2 o c3 §2 ^ r. C '"' cT- bf. o J r— r-. -/; ci: ^ s^ o 5 o 1 j: S £ X o -3 ?-, '/, (3 'J' 2 ": t -J. fc. -^1 >, O M G ;-r. F^ c^5 — . C G^ O O ^ "r^ •— !- <; o-S ^ ■-+3 ^ X.' -2 -S !*> = :5 -^ bjog >> - T c ° = L X jn . !- CD C r^ O 73 r 2 ^ i- d' O -^ L. o O c z < < CC [=; 7] fc; S .::; o G c < ■I s 'f' O g ? ^ c «■ -t^ -- •^Tj:^.^ r^ ^ ^ t: f^P= c S 10 o ci- CHAPTER 62. An Ordinance to Authorize the Changing of the Names of Incorporated Companies. (K pealed) 1901, c. 20, s. 150. 211 nterpretation CHAPTER 63. An Ordinance respecting Foreign Companies. npHE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : Short title \ Tjiig Ordinance mav be cited as " The Foreign Companies Ordinance, 1903." IQCS^Clst Session), c. 14, s. 1. INTERPRETATION . 2. In the construction of this Ordinance and of any niles or forms made in pursuance thereof — 1. "Foreign Company'' shall mean any company or asso- ciation incorporated otherwise than by or under the authority of an Ordinance of the Territories for the purpose of carrying on any business to which the legislative authority of the Legis- lative Assembly of the Territories extends; 2. "Registrar" shall mean registrar of joint stock com- panies and shall include a deputy registrar and an acting regis- trar ; 3. "Charter" shall mean the Statute, Ordinance or other provision of law by or under which a foreign company is incor- porated and any amendments thereto applying to such com- pany, or the memorandum of association or agreement or deed of settlement of the company or the letters patent or charter of incorporation or the license or certificate of registra- tion of the company as the case may be; 4. "Charter and regulations" shall mean the charter and the articles of association and all by-laws, rules and regulations of the com.pany ; 5. "Court" shall mean the Supreme Court of the North- AVest Territories ; 6. "Judge" shall mean judge of the said court. 1903 (1st Session), c. 14, s. 2. Foreign 3. Uulcss othcrwisc provided by any Ordinance no foreign t°'beTOme Company having gain for its object or a part of its object shall reKistered carry on any part of its business in the Territories unless it is duly registered under this Ordinance. (2) Any unregistered foreign company carrying on business and any company, firm, broker or other person carrying on business as a representative or on behalf of such unregistered 212 FOREIGN COMPANIES Cap. 63 foreign company shall be liable on summaiy conviction to a penalty of $50 for every day on which such business is carried on in contravention of this section and proof of compliance with the provisions of this section shall at all times be upon the accused. [(3) The taking orders by travellers for goods, wares or merchandise to be subsequently imported into the Territories to fill s\ich orders or the buying or selling of such goods, wares or merchandise by correspondence if the company has no resident agent or representative and no warehouse, ofhce or place of business in the Territories the onus of proving which shall in any prosecution under this section rest on the accused shall not be deemed to be carrying on business under the mean- ing of this Ordinance.] 1903 (2nd Session), c. 19, s. 1. 4. [Any foreign company described in schedule B hereto may Rights of become registered on compliance with the provisions of this wiSn^°"^^ Ordinance, and on payment to the registrar of the fees g^t '■'''^"'*'"''"' out in i^chedule A hereto, and shall, subject to the provisions of its charter and regulations, and to the terms of registration thereupon, have the same powers and privileges in the province as if incorporated under the provisions of The Companies Ordi- nance.] 1908 c. 20, s. 4. [4fl. Any other foreign company may become registered on p°i7iiegrTof compliance with the provisions of this Ordinance, and shall, ^j^p'*"''^^ subject to the provisions of its charter and regulations and to registered the terms of registration thereupon, have the same powers and privileges in the province, as if incorporated under the pro- visions of The Companies Ordinance. (2) All other foreign companies save those described iUpayXie''''' schedule B hereto shall pay to the registrar an annual fee of fifty dollars during the continuance of their registrations respec- tively under this Ordinance, such fee to be payable on the first day of January in each year; but in the event of such a foreign company becoming registered after the first day of January in any year, the amount payable to the registrar for such por- tion of the first year during which it is so registered shall be a proportionate part only of the amount required for one year, and such proportionate part shall be so payable upon the regis- tration of the company:] [Provided, however, that any foreign company whether companies described in schedule B hereto or not may become registered J^j^s,^red'^n as aforesaid on payment to the registrar of the fees set ou in ^'J^^'^™™* °f schedule A hereto, and upon so doing the provisions of this subsection shall not apply to such foreign company.] 1908, c. 20, s. 4; 1909, c. 4, s. 5. 213 Cap. 63 FOREIGN COMPANIES I'roc'pdure to obtain registration 5. Before the registration of any foreign company the com- pany shall file in the office of the registrar — (a) A true copy of the charter and regulations of the company verified in manner satisfactory to the regis- trar ; (6) An affidavit or statutory declaration that the company is still in existence and legally authorized to transact business under its charter ; (c) A copy of the last balance sheet of the company or a statement containing the information required to be given in the annual statement made under the pro- visions of section 8; (d) A duly executed power of attorney under its common seal approved by the registrar empowering some person therein named and residing in the Territories to act as its attorney for the purpose of accepting sei-vice of process in all suits and proceedings against the company within the Territories and of receiving all lawful notices and declaring that service of process in respect of such suits and proceedings and of such notices on the said attorney shall be legal and bind- ing to all intents and purposes whatever and waiving all claims of error by reason of such service; and such company may from time to time by a new or other power of attorney executed and deposited as aforesaid appoint another attorney within the Terri- tories for the puiposes aforesaid to replace the attor- ney formerly appointed. 1903 (1st Session), c. 14, s. 5. ^elrist'i-Sion^ 6- ^"pon compliauce by any foreign company with the terms of this Ordinance the registrar shall register such company and issue a certificate of registration; and such certificate of registration shall be conclusive evidence that all the require- ments of this Ordinance preliminary to the issue thereof have- been complied with. (2) Such certificate of registration shall be published by the registrar at the expense of the company in the official gazette. 1903 (1st Session) , c. 14, s. 6. Evidence of registration 7. The certificate of registration or any copy thereof certi- fied under the hand and seal of the registrar or a copy of the gazette containing such certificate of registration shall be prima facie evidence of the due registration of the company as aforesaid. 1903 (1st Session), c. 14, s. 7. Annual statement 8. A company registered under this Ordinance shall on or before the first of March in each year during the continuance of such registration make a statement to the registrar verified 214 FOREIGN COMPANIES Cap. 63 by affidavit containing as of the thirty-first day of December preceding a summary of the following particulars : (a) The corporate name of the company ; (6) The place where the head office of the company is situated ; (c) The place or places where or from which the under- taking of the company is carried on; (d) The name, residence and post office address of the president, the secretary and the treasurer of the company ; (e) The name, residence and post office address of each of the directors of the company; (/) The date upon which the last annual meeting of the company was held ; (g) The amount of the capital of the company and the number of shares into which it is divided ; (h) The number of shares subscribed for and allotted; (i) The amount of stock, if any, issued free from call; if none is so issued the fact is to be stated ; (j) The amount issued subject to call; (k) The number of calls made on each share ; (0 The total amount of calls received; (/») The total amount of calls unpaid; (n) The total amount of shares forfeited; (o) The total amount of shares which have never been allotted or subscribed for; (p) The total amount for which shareholders of the com- pany are liable in respect of the unpaid stock held by them ; (q) In a concise form such further infoi'mation respecting the affairs of the company as the directors may consider expedient. (2) The summary in the next preceding subsection men- tioned shall be verified by the affidavit of the president and secretary ; or if there is no president or he is unable to make the same by the affidavit of the secretary and one of the directors; or if there is no secretary or he is unable to make such affida- vit by the affidavit of the president and one of the directors; or if there is neither a president nor secretary or they are both unable to make such affidavit by the affidavit of two of the directors; and if the president or secretary does not make or join in the affidavit the reason therefor shall be stated in the substituted affidavit. (3) The fifing with the registrar of an annual return in the form and at the time and verified in the manner required by the provisions of sections 19 and 20 of The Insurance Ad being chapter 124 of the Revised Statutes of Canada shaU relieve 215 Cap. 63 FOREIGN COMPANIES any company licensed under the said Act from compliance with the provisions of subsections (1) and (2) of this section. (4) The registrar may at any time require the company to supply such further and other information as shall seem to him to be reasonable and proper. (5) Any company making default in complying with the provisions of this section shall be liable on summary convic- tion to a penalty of $20 for each and every day during which default continues; and every director, manager, secretary, agent, traveller or salesman of such company who transacts within the Territories any business whatever for such company shall be hable on summary conviction to a penalty of $20 for each day upon which he so transacts such business. (6) The statement or return required by this section shall be accompanied with the fee of $5. 1903 (1st Session), c. 14, s. 8. Substituted service 9. If the power of attorney hereinbefore prescribed becomes invalid or ineffectual for any reason or if other service cannot be effected the court or judge may order substitutional service of any process, proceeding, notice or document upon the company to be made by such publication as is deemed requisite to be made in the premises for at least three weeks in at least one newspaper; and such publication shall be held to be due service upon the company of such process, proceeding, notice or document. 1903 (1st Session), c. 14, s. 9. No rigiit of action by unregistered company 10. Any foreign company required by this Ordinance to become registered shall not while unregistered be capable of maintaining any action or other proceeding in any court in respect of any contract made in whole or in part in the Terri- tories in the course of or in connection with business carried on without registration contrary to the provisions of section 3 hereof. (2) In any action or proceeding the burden of showing that it is registered shall be upon the company. 1903 (1st Session) , c. 14, s. 10. Rights of registered company to sue, hold lands, etc. 11. Any foreign company registered under this Ordinance may sue and be sued in its corporate name; and if not pro- hibited from so doing by its charter and regulations may acquire and hold lands in the Territories by gift, purchase or as mort- gagees or otherwise as fully and freely as private individuals; and may sell, lease, mortgage or otherwise alienate the same. 1903 (1st Session), c. 14, s. 11. Rights and duties of registered ' companies 13. Every foreign company registered as a company under this Ordinance shall subject to the provisions of its charter and regulations and of this Ordinance have and may exercise all the rights, powers and privileges by The Companies Ordinance 216 FOREIGN COMPANIES Cap. 63. 6 granted to and conferred upon companies incorporated there- under; and every such foreign company and the directors, officers and members thereof shall be subject to and shall, subject as aforesaid, observe, carry out and perform eveiy act, matter, obligation and duty by The Companies Ordinance prescribed and imposed upon companies incorporated there- under or upon the directors, officers and members thereof. 1903 (1st Session), c. 14, s. 12. 13. No license fee shall be imposed by any municipal council ifce^e fee ""*' upon any company registered under this Ordinance. 1903 (1st Session), c. 14, s. 13. 14. Notwithstanding anything heretofore contained in this Foreign com- Ordinance any foreign company holding a hcense to carry on ucense/lfo/ business in the Territories under the provisions of any Ordinance H'^reai in that behalf shall upon surrendering such license to the regis- documents trar be entitled to be registered under this Ordinance with- out compliance with any further provisions hereof. 1903 (1st Session), c. 14, s. 14. 15. The Lieutenant Governor in Council may by order inGoverMr°s council notice of which shall be published in the gazette Pgnl'o*"^!"^"!.^ suspend or revoke the registration of any foreign company '■esistrati.m which refuses or fails to keep a duly appointed attorney within the Territories or to comply with any provision of this Ordi- nance; and notwithstanding such suspension or revocation the rights of creditors of the company shall remain as at the time of such suspension or revocation. (2) The Lieutenant Governor in Council may likewise by order notice of which shall be published in the official gazette remove any such suspension or cancel any such revocation and restore any registration so suspended or revoked. 1903 (1st Session), c. 14, s. 15. FORMS. 16. The Lieutenant Governor in Council may prescribe and ^1,™^'™^^^"*^^^ from time to time alter forms of certificates, powers of attorney, a"" forms applications, statements, returns and other documents relating to applications and other proceedings under this Ordinance. 1903 (1st Session), c. 14, s. 16. 17. Th's Ordinance shall not apply to the corporation known fofwbf''to"'°* as "The Governor and Company of Adventurers of England g^'^f'son's Bay trading into Hudson's Bay," [nor to any telegraph company or companies incorporated by or under the authority of the Parliament of Canada and operated in connection with a line or lines of railway constructed or operated under the authority of an Act of the Parhament of Canada.] 1903 (1st Session), c. 14, s. 17; 1909, c. 4, s. 5. 217 Cap. 63 FOREIGN COMPANIES [SCHEDULE A. Fees Payable on Registration. For companies with a capitalization not exceeding $100,000 $ 75 00 Exceeding $100,000 but not exceeding $200,000 125 00 Exceeding $200,000 but not exceeding $500,000. . . . 300 00 Exceeding $500,000 but not exceeding $1,000,000.. .. 450 00 Exceeding $1,000,000 but not exceeding $3,C00,000. . . 500 00 For every additional $1,000,000 or fractional part thereof over $3,000,000, an additional sum of SIOO.OO.] 1907, c. 5, s. 15. [SCHEDULE B. The following companies shall, upon applying to the regi-- trar for registration, be liable for the paym.ent of the fees as prescribed in schedule A hereto: Fire and Life Insurance Companies, but not incluti nsi Mutual Insurance Companies. Accident Insurance Companies. Express Companies. Telephone Companies. Telegraph Companies. Trust Companies. Loan Companies. Building Companies. Contracting Companies. Land Companies. Ranching Companies. Gas Companies. Oil Companies. Coal Companies. Implement Companies.] 1908, c. 20, s. 4. 218 CHAPTER 64. An Ordinance respecting Mining Companie^N (Repealed) 1901, c. 20, s. 150. 219 CHAPTER 65. An Ordinance respeciirg the Manufacture of Butter and Creese. (CO., c. 65.) Chapter 16, 1907, substituted; amended 1908, c. 20, s. 25; 1910 (2nd Session), e. 15 and c. 2, s. 25. 220 CHAPTER 66. An Ordinance respecting Benevolent and other Societies. 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. Any five or more persons of full age may become incor- Po\yeT 'o^f^^™ porated under this Ordinance for any benevolent or provident certain purpose or for any other purpose not illegal save and except ''""^"^^^ for the purpose of trade or business or any purpose provided for by any of the Ordinances mentioned in the schedule hereto. CO., c. 66, s. I. 2. The proceedings to obtain incorporation shall be asMndeof follows : ncorporation 1. Such persons shall make and sign a declaration in writ- ing setting forth the intended corporate name of the society the purpose of the society, the names of those who are to be the first trustees or managing officers, the mode in which their successors are to be appointed and such other particulars and provisions as the society may think fit provided that the said particulars and provisions are not contrary to law; 2. The declaration may be made and signed in duplicate or in as many parts as maj' be required; 3. The said declaration may be produced to any judge of the Supreme Court of the North-AVest Territories and if the same appears to him to be in conformity with this Ordinance he shall endorse thereon a certificate to that effect; 4. One of the original parts of the said declaration shall be filed in the office of the registrar of the said Supreme Court at Regina and the fee of fifty cents shall accompany such filing; 5. When these directions shall have been complied with the persons who signed the declaration shall thereby become and they, their associates and successors, shall thenceforward be a body corporate and poMtic and shall have the powers, rights and immunities vested by law in such bodies. CO., c. 66, s. 2. ocieties may 3. The society so incorporated may from time to time have or estabhsh and maintain any number of branches thereof tol^^SiJ promote the objects of the society. CO., c. 66, s. 3. 4. The society may from time to time appoint trustees, a officers treasurer, a secretaiy and other officers for conducting its affairs and for the discipUne and management of the society 221 Cap. 66 BENEVOLENT SOCIETIES By-laws and rules Different societies or brandies may unite and may from time to time make by-laws, niles and regula- tions for the government and for conducting the affairs of the society or of any branches thereof; and may from time to time alter or rescind such by-laws, rules or regulations. CO., c. 66, s. 4. 5. Any two or more societies or branches of a society may unite and form one society or branch for the purpose of erect- ing buildings for the use of the societies or branches and, if they so desire, for other purposes, on such terms as may be agreed upon by authority of a resolution assented to by a majority of the members of each of the said societies or branches proposed to be united : Provided that eveiy such resolution is passed at a general meeting of each of the societies or branches concerned in such union, to be specially called for that purpose. CO., c. 66, s. 5. Liability of persons under age 6. A person under the age of twenty-one years, elected or admitted as a member of a society, or appointed to any office therein, shall be liable to the payment of fees and otherwise under the rules of the society as if he were of full age. CO., c. 66, s. 6. Benefits to members Exemption from claims of creditors Payment in good faitb to wrong person 7. When under the mles of the society money of the society becomes payable to or for the use or benefit of a member thereof such money shall be free from all claims by the creditors of such member; and when on the death of a mem.ber of a society any sum of money becomes payable under the rules of the society, the same shall be paid by the treasurer or other officer of the society to the person or persons entitled under the rules thereof or shall be applied by the society as may be provided by such rules; and such money shall be, to the extent of >>2,000, free from all claims by the personal repre- sentative or creditors of the deceased and in case anj- sum is paid in good faith to the person who appears to the treasurer or other officer to be entitled to receive the same, or is applied in good faith for the purposes by the rules provided, no action shall be brought against the society or such treasurer or officer in respect thereof; but nevertheless if it subsequently appears that such money has been paid to the wrong person the person entitled thereto may recover the amount with interest from the person who has wrongfully received it. CO., c. 66, s. 7. su"Te^ties°^as to ^- ''^^ socicty or brauch incorporated under this Ordinance holding lands shall bc entitled to acc[uire or hold as purchasers or otherwise any lands or tenements or any interests therein exceeding in the whole at any one time the annual value of §5,000 nor shall the society or branch be entitled to purchase land except for the actual use and occupation of the society for the purposes of the society. CO., c. 66, s. 8. BENEVOLENT SOCIETIES Cap. 6G 3 9. Any such society or branch may from time to time take rowers ns m by gift, devise or bequest any lands or tenements or any inter- retcinlng ests therein, provided such gift, devise or bequest is made devise m^ '^^ at least six months before the death of the person making'''"'"^''*' the same; but the society or branch shall at no tim.e take by gift, devise or bequest, lands or tenements, or any interests therein, the annual value of which, together with that of all other lands and tenements theretofore acquired by like means and then held by the society or branch, exceeds in the whole SI ,000; nor shall the society or branch at any time take by gift, devise or bequest, lands, tenements or hereditaments the annual value of which, together with all the other real estate of the society or branch, exceeds $5,000; and no lands or tene- ments acquired by gifts, devise or bequest within the limits aforesaid, but not required for the actual use or occu- pation of the society or branch, shall be held by the society or branch for a longer period than seven years after the acquisi- tion thereof, and within such period the sam.e shall be abso- lutely disposed of by the society or branch; and the society or branch shall have power within such period, in the name of the society or branch, to grant and convey the said lands and tenements to any purchaser so that the society or branch no longer retains any interest therein; and the proceeds on such disposition shall be invested in public securities, municipal de- bentures or other approved securities, not including mortgages on land, for the use of the society or branch; and lands, tene- ments or interests therein required by this Ordinance to be sold or disposed of by the society or branch which have not, within the said period, been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns . C.O.,c.66,s.9. 10. Any society may in pursuance of a resolution assented JJ,°7tglgp? It!'. to by a majority of the members present at a general meeting '^"<*= specially called for that purpose, of which public notice shall be given in the manner provided by the by-laws, mortgage, sell, exchange or lease any lands of the society. CO., c. 66, s. 10. 11. A copy of the declaration under the second section of copy_of .^^ ^^ this Ordinance certified by the registrar of the said Supreme jnt^oj-poj-a^j™^^ Court or his deputy to be a true copy shall be prima facie evi- dence of the facts alleged in the declaration and of the due making, signing and filing of the declaration as mentioned in the certificate ;■ and a copy of the declaration with a certificate of ,the said register or his deputy showing the particulars neces- sary for creating a corporation under this Ordinance, shall be pri^na facie evidence that the society or branch is an incor- porated society or branch under this Ordinance. CO., c. 66, s. IL 223 Cap. 66 BENEVOLENT SOCIETIES Defects i foirri 13. No defect of form in the certificate of the judge or in the proceedings to which the certificate of the judge relates shall affect the validity of the incorporation. CO., c. 66, s. 12. Evidence thereon i'lTorporaHSn, 13. To faciUtate the proof of a society or branch being an iise-Jidencc incorporated society or branch under this Ordinance and to prevent any future question as to the same, the society or branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned; and a certificate so obtained shall be final and conclusive evidence of the society or branch being an incor- poration under this Ordinance unless the certificate on the order or decision of the court granting or authorizing the same is reversed or set aside by some direct proceeding taken for the purpose; and the proceedings for the purpose of obtaining the certificate may be as follows: to^certifiMte 1- The application for the certificate may be made by the society or branch to a judge of the Supreme Court of the North- West Territories. 2. The application shall be supported by satisfactoiy evi- dence that the society or branch is a society or branch within the true intent and meaning of this Ordinance; that the pro- ceedings necessary for incorporation have been duly taken; that four weeks' notice of the intention to apply for a certifi- cate has been given to the Lieutenant Governor of the Terri- tories; and that a like notice has been published for four weeks in The North-West Territories Gazette; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he may instead of dismissing the application give an opportunity or opportunities for producing further evidence ; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be sup- plied and he may in all cases require from time to time any further publication to take place, and any other notice to be mailed, served or given which he deems necessaiy. 3. When the judge is satisfied that the society or branch is entitled to the certificate, the certificate may be issued by the clerk of the court of the judicial district in which the applica- tion is made, in duplicate (under his hand and the seal of the court) or in as many parts as may be required and the same shall name the day from and at which the incorporation was complete and effectual, and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid; which certificate or counterpart thereof shall be final and conclusive as hereinbefore mentioned. 4. The judges of the Supreme Court of the North-West Territories shall have power to regulate the practice and costs in such cases. CO., c. 66, s. 13. 224 Issue of certificate Casts and practice BENEVOLENT SOCIETIES Cap. 6G t 14. It shall be the duty of the corporation when thereunto s^j<=^?*y *° required by the Lieutenant Governor in Council or by the s^tatement^of Legislative Assembly to furnish a statement of the real prop-''''' p™^'"' ■ erty and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. CO., c. 66, s. 14:. 15. AMren a society incorporated under the provisions ofnam^f'et'i., this Ordinance is desirous of changing its name or of chang- °^ ^°"^*y ing any of the purposes contained in the original certificate or declaration of incorporation, a judge of the Supreme Court upon being satisfied that the change desired is not for an im- proper purpose and is not otherwise objectionable, maj^ make an order reciting the certificate and declaration of incorporation and making the change desired. (2) Such order shall be filed in the office in which the g'^^ *° ''^ certificate and declaration were filed and a copy of the order cer- tified by the registrar of the Supreme Court at Regina or his deputy to be a true copy of the order filed in the said office shall l3e prima facie evidence of the change having been made as therein set forth. (3) No change under the next preceding two sulisections ^bUgltioSs of shall affect the rights or obhgations of the society and aU actions ase'cted""* or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. CO., c. 66, s. 15. 16. In case the Lieutenant Governor in Council adopts or^°™^ approves of any forms for any of the proceedings under this Ordinance and the order adopting or approving of the same is, with the forms, printed in The North-West Territories Gazette such forms shall be as effectual for the purposes mentioned in this Ordinance or in the order in council as if the said forms had been inserted in this Ordinance. CO., c. 66, s. 16. SCHEDULE. Ordinances for purposes not intended by this Ordinance: 1. Chapter 38 of The Consolidated Ordinances. 2. Chapter 45 of The Consolidated Ordinances. 3. Chapter 61 of The Consohdatcd Ordinances. 4. Chapter 65 of The Consolidated Ordinances. 5. Chapter 68 of The Consohdated Ordinances. 6. Chapter 69 of The Consolidated Ordinances. SJiJ H CHAPTER 67. An Ordinance respecting Mechanics' and Literary Institutes. (C.O.,c. 67.) Chapter 16, 1908, substituted. 226 CHAPTER 68. An Ordinance respecting Cemeteries. T'HE Lieutenant Governor, by and with the advice and consent of the Legislati^'e Assembly of the Territories, enacts as follows ; SHORT TITLE. 1. This Ordinance may be cited as "The Cemetery Ordt- s''°''* *'*'« nance." CO.. c. 68, s. 1. INCORPORATION OF COMPANIES. 2. All companies formed under the provisions of chapter ofeompfi™ 24 of The Revised Ordinances 1888, intituled An Ordinance to incorporate Companies for the Establishment of Cemeteries, or of any amendment thereto, in existence as such are hereby continued as bodies pohtic and corporate and they shall be subject to the provisions of this Ordinance. CO., c. 68, s. 2 3. Any number of persons not less than ten may form them- P°°^^jj or all of such reports or statements or anj^ parts of them except the inspector's reports printed in a newspaper pubhshed in the district. 1901, c. 29, s. 75. 76. '\'\"ithin ten days after the annual election of trustees department in any town district is held the secretary of the district shall forward to the department a certified copy of the returning officer's declaration as to the result of the poll. 1901, c. 29, s. 7(i. Contested Elections in Town and Village Districts. 77. In case the validity of the election of any school trustee *->'"*?st'^'i in any town or village district is contested the same may be tried by a judge of the [District Court of the Judicial District within which the district is situated]; and any ratepayer of the district may be the relator for the purpose; and the judge shall in such case have the like powers as in case of contested elections of councillors under The Municipal Ordinance; and the proceedings and rules which obtain in such cases shall mutatis mutandis be followed and obserA'ed in such contested elections of school trustees. 1901, c. 29, s. 77; 1910 {2nd Ses- sion), c. 6, s. 19. 271 Cap. 75 SCHOOLS DEFERRED SCHOOL MEETINGS. Provisions when prescribed meetings are not held Notice and power of later meeting 78. In case from want of proper notice or other cause any first, annual or other school meeting required to be held under this Ordinance is not held at the proper time it shall be the duty of the secretary of the board when required to do so by any two resident ratepayers or by the [minister] to call a meeting of the ratepayers by posting notices in the manner prescribed by the Ordinance for such meeting; and the meeting thus called shall posses all the powers and perform all the duties of the meeting in the place of which it was called. 1901, c. 29, s. 78; 1910 (2nd Session), c. 6, s. 2. SPECIAL MEETINGS OF RATEPAYERS. meetings ^^- ^ spcclal meeting of the ratepayers of any district may be held at any time for any necessary purpose not otherwise proAdded for by this Ordinance. 1901, c. 29, s. 79. ho°w clued''"'^ 80. It shall be the duty of the secretary of the Ijoard to call any special meeting when required to do so — (a) By the board; (6) By the [Minister]. (c) By an inspector ; (d) In town and village districts by a request in writing signed by ten resident ratepayers; (e) In rural districts by a request in writing signed by a majority of the resident ratepayers. (2) The notices calling a special meeting shall set forth the purpose of the meeting and shall be posted in the manner provided for notices of annual meetings in rural and village districts. 1901, c. 29, s. 80; 1910 (2nd Session), c. 6, s. 2. Transaction 81. At the meeting so held the ratepayers present shall notice elect a chairman and secretary and no business shall be con- sidered by the meeting other than that mentioned in the notices calling the same. 1901, c. 29, s. 81. AUDIT. Audit in rural 83. The books End accounts of every rural and village district trstri'cts'''^^ shall be audited in each year prior to the annual meeting by an official auditor in the manner prescribed by the regulations of the department. (2) The fee payable for such audit shall be in the case of rural districts $3 and in the case of village districts $5 and shall be paid out of the funds of the district. 1901, c. 29, s 8'^ 272 SCHOOLS \li =1 "J Cap. 75 29. 83. In every town district it shall be the duty of the auditor Audit in PI ■•!• Till 1 c 1 town distnctH 01 the municipality to audit the books and accounts ot such district in each year for which he shall receive no special remun- eration out of the funds of the district. 1901, c. 29, s. 83. BOARD OF TRUSTEES. Number of Members. 84. In rural and village districts there shall be three trustees viii'aKe'""' each of whom after the first election shall hold office for three '^'"'""'^ years and in town districts there shall be five trustees each Town distii.*.- of whom after the first election shall hold office for two year.-. (2) Every trustee shall hold office until his successor is appointed. 1901, c. 29, s. 84. Trustees a Body Corporate. 85. The trustees of everv district shall be a corporation corporate under the name of "The Board of Trustees for the School District No of the [Province of Alberta]. 1901, c. 29, s. 85; 1910 (2nd Session), c. 6, s. 1. Organization of Board. 86. Within ten days after his election at any meeting other Declaration than the first school meeting every trustee shall make the° declaration of office provided for in section 37 of this Ordinance. 1901, c. 29, s. 86. 87. The board shall meet within ten days after such annualTimeof fiist meeting or in the case of town districts within the first ten'"^^''"^ days of January in each year for the purpose of organizing and transacting such other business as may be required. 1901, c. 29, s. 87. 88. [At the meeting thus held the board shall appoint a Appointment chairman, a secretary and a treasurer or a secretary-treasurer °' ""'"'^''^ who shall respectively hold office during the pleasure of the board and the secretary and the treasurer or the secretary- g^,^^^^ treasurer shall be allowed such remuneration as the board may fix.] (2) Any member of the board other than the chairman may be appointed secretary, treasurer or secretary-treasurer. (3) The teacher of a school district may be appointed secre- tary but not treasurer or secretary- treasurer. 1901, c. 29, s. 88; 1910 (2nd Session), c. 6, s. 20. 273 23 How called Cap. 75 SCHOOLS Board Meetings. 89. A meeting of the board may be called by the chairman or any trustee. 1901, c. 29, s. 89. Notice Regular meetings Waiver of notice 90. Every regular or special meeting of the board shall be called by giving two clear days' notice in writing which notice may be given by delivering such notice to each trustee or in the absence from his residence of any trustee to any adult person thereat : Provided that the board of any district may at any meeting at which all the members of the board are present decide by resolution to hold regular meetings of the board and such resolution shall state the day, hour and place of every such meeting and no further or other notice of any such meeting shall be necessary. (2) The board may by unanimous consent waive notice of meeting and hold a meeting at any time which consent shall be subscribed to by each member of the board and shall be recorded in the minutes of the meeting in the following form: We, the undersigned trustees of. waive notice of this meeting. 1901, c. 29, s. 90. .S.D., hereby Trustees. Corporate acts 91. No act or proceeding of any board shall be deemed valid or binding on any party which is not adopted at a regular or special meeting at which a quorum of the board is present. Quorum (2) A majority of the board shah form a quorum. 1901, c. 29, s. 91. One trustee not to act 93. If the number of trustees be reduced to one that one shall immediately take the necessary steps to fill the vacancies in the board but he shall not transact any other business of the district. 1901, c. 29, s. 92. Motions 93. All questions shall be submitted to the board on the motion of the chairman or any other trustee and no seconder shall be required. 1901, c. 29, s. 93. Votes C'f trustees Ciiairman pro tern 94. At all meetings of the board all questions shall be decided by the majority of the votes and the chairman shall have the right to vote but in case of an equality of votes the question shall be decided in the negative. (2) In case of absence of the chairman from any meeting of the board the trustees present shall elect one of their number to act as chairman of the meeting. 1901, c. 29, s. 94. 274 SCHOOLS Cap. 75 24 Duties of Trustees and Their Officers. Duties of ustees 95. It shall be the duty of the board of every district and" it shall have power — 1. To appoint a chairman, a secretary and treasurer or a Appoint secretary-treasurer and such other officers and servants as may be required by this Ordinance; 2. To procure a corporate seal for the district; Procure seal 3. To see that all the reports and statements required by i^epoi't-s this Ordinance or by the [Minister] are transmitted to the department without delay ; 4. To keep a record of the proceedings of each meeting of ^^f ™J'^|/'"' the board signed by the chairman and secretary and see that true accounts both of the school and district are kept and that the affairs of the district generally are conducted in the manner provided by this Ordinance and with due regard to efhcienc};' and economy; 5. To provide the officers of the board with the books neces- Books sary for keeping proper records of the district; 6. To take possession and to have the custody and safe Property keeping of all the property of the district; 7. To provide adequate school accommodation for the pur- School poses of the district; modation 8. To purchase or rent school sites or premises, and to build, grounds repair, furnish and keep in order the school house or houses, ''"".'''"s's and c ■ r 1111 11 1 1 equipment furniture, fences and all other school property; to keep the well, closets and premises generally in a proper sanitary con- dition; and to make due provisions for properly lighting, heating, ventilating and cleaning the school room or rooms under its control and if deemed advisable to purchase or rent sites or premises for a house for the teacher and to build, repair and keep in order such house; [and subject to the approval of the Minister to dispose of school property, real or personal, when no longer required for the purposes of the district]. 9. To provide wholesome drinking water for the use of the^^j.°^°s children during school hours; 10. To provide separate buildings for privies for boys and Privies girls. The buildings shall be erected in the rear of the school house at least ten feet apart, their entrances facing in opposite directions or otherwise effectually screened from each other; 11. To erect and keep in order if deemed advisable suitable stawe stabling accommodation ; 12. To insure and keep insured the school buildings and insurance equipment ; 13. To provide when deemed expedient a suitable Hbrary Library for the school and to make regulations for its management; 275 25 Cap. 75 SCHOOLS Reference books and apparatus Authorized texts Indigent persons Engage teacher Suspend or dismiss teacher Conduct of school Teacher's salary Management of school Admit Std. I pupils or piimary grade Disputes Suspend or expel pupils Truancy General 14. To select and provide from the list authorized by the [minister] all such reference books for the use of pupils and teachers and all such globes, maps, charts and other apparatus as may be required for the proper instruction of pupils; 15. To require that no text books or apparatus be used in the school under its control other than those authorized by the department; 16. To exempt in its discretion from the payment of school taxes wholly or in part any indigent persons resident within the district and where deemed necessary to provide for the children of such persons text books and other supplies at the expense of the district; 17. To engage a teacher or teachers duly qualified under the regulations of the department to teach in the school or schools in its charge on such terms as it may deem expedient; the contract wherefor shall be in writing and may be in form pre- scribed by the [Minister] and a certified copy of such contract shall forthwith be transmitted to the department; 18. To suspend or dismiss any teacher for gross misconduct, neglect of duty or for refusal or neglect to obey any lawful order of the board and to forthwith transmit a written state- ment of the facts to the department; 19. To see that the school is conducted according to the provisions of this Ordinance and the regulations of the depart- ment; 20. To provide for the payment of teachers' salaries at least once in every three months ; 21. To make regulations for the management of the school subject to the provisions of this Ordinance and to communicate them in writing to the teacher; 22. To provide in the case of graded schools when deemed expedient at what times pupils may be admitted to Standard I [or primary grade]; 23. To settle all disputes arising in relation to the school between the parents or children and the teacher; 24. To suspend or expel from school any pupil who upon investigation by the board is found to be guilty of truancy, open opposition to authority, habitual neglect of duty, the use of profane or improper language or other conduct injurious to the moral tone or well being of the school; 25. To see that the law with reference to compulsory educa- tion and truancy is observed; 26. To perform such other duties as may be required by this Ordinance or the regulations of the department. 1901, c. 29, s. 95; 1910 (2nd Session), c. 6, ss. 2, 21 and 22. 276 SCHOOLS Cap. 75 26 [95a. The board of every town district shall at its discretion have power — 1. To provide, equip and maintain such room or rooms as may be required and to employ suitable teachers for giving instruction in manual training, domestic science, physical training, music and art; 2. To employ a health officer and prescribe his duties; 3. To employ, subject to the regulations of the Department of Education, a superintendent of schools.] 1910 (2nd Session), c. 6, s. 23. 96. It shall be the duty of the chairman of the board — ou'.ies of chairman 1. To have the general supervision of the affairs of the dis- trict; 2 To cei'tify all accounts against the district passed by the board before ;_uch accounts are paid by the treasurer. 1901, c. 29, s. 96. 97. It shall be the duty of the secretary or secretary-treasurer Duties of (.,11 1 secretary 01 the board — 1. To keep a full and correct record of the proceedings of Minutes every meeting of the board in the minute book provided for that purpose and to see that the minutes when confirmed are signed by the chairman; 2. To conduct the correspondence of the board as he may be '^°''"'^p°°''™'=® directed by the board; 3. To have charge of and keep on record all the books, papers. Books and accounts, assessment rolls, plans, and maps committed tOdfs'trict"^ his charge by the board during his term of office and deliver the same to the chairman on ceasing to hold office ; 4. To faithfully prepare and duly transmit to the depart- Jg^P^^^^gJIt ment such reports and statements and such other information in regard to the di-trict as may from time to time be required by the [Minister] and in such form as may be provided by the [Minister]; 5. To call at the request in writing of the chairman or any ^j=''|]^^^^«j|'i°6 trustee a meeting of the board; 6. To produce the minute and other books, assessment rolls Produce books and all papers and other records of the board for inspection '^^ papers when required by an inspector to do so; 7. To prepare the statement of the trustees to be submitted Prepare at the annual meeting of the ratepayers ; 8. To give the notice required by this Ordinance of each Notices annual meeting of the ratepayers and to call special meetings of the ratepayers as provided by section 80 of this Ordinance. 1901, c. 29, s. 97; 1910 (2nd Session), c. 6, s. 2. 277 Cap. 75 SCHOOLS Duties of treasurer Treasurer's bonds lienewal of bond Liability of trustees Form of bond Receive sciiool moneys Pay accounts Keep cash book Receipts Clc se books Produce books and vouchers 98. It shall be the duty of the treasurer or secretary-treasurer of the board — 1. To give security to the board before entering upon his duties by a bond signed and acknowledged in duplicate before a commissioner, notary public or justice of the peace and such security shall be given by at least two solvent sureties jointly and severally to the satisfaction of the board or he may furnish in lieu thereof a guarantee bond from any guarantee company authorized to do business in Canada to the amount of any moneys for which the treasurer may at any time be responsible whether arising from the school fund or from any particular contribution or donation paid into his hands for the support or benefit of the district and such security shall be renewed at the beginning of each year or renewed at other times or changed whenever renewal or change is required by the board. The members of any board failing to take such bond or security from its treasurer shall be jointly and severally liable for his default to the extent of the sum for which such bond should have been taken : Provided that when the majority of the board refuse or neglect to take security from the treasurer on the demand of any trustee such demand being duly recorded in the minutes such trustee shall be relieved from all personal liabiUty in case of the default of such officer. Such bond may be in form prescribed by the [Minister] and a duphcate copy thereof shall be forthwith transmitted by the board to the department; 2. To receive all school moneys collected from the ratepayers or other persons for the purposes of the district of which he is treasurer and to disburse such moneys in the manner directed by the board ; 3. To pay all accounts against the district only when they are certified by the chau'man of the board; 4. To keep in a cash book provided for the purpose a complete and detailed record of all moneys received and disbursed for school purposes including government grants which may have been paid directly to the teacher; 5. To give and take receipts for all school moneys received and paid out and to keep on file all vouchers of expenditure; (). To close and balance the books of the district at the end of the school year which shall be on the 31st day of December in each and every year ; 7. To produce when called for l^y the trustees, auditor, school inspector or other competent authority all books, vouchers, papers and moneys belonging to the district and to hand ovei- the. same to the trustees or any person named by them upon his ceasing to hold office; 27S SCHOOLS Cap. 75 28 8. To prepare at the end of each year and in the manner rrep^^e^^ provided by this Ordinance a statement of the finances of the ^ ^ ""^ district to be submitted to the annual meeting of the rate- payers; 9. To faithfully prepare and duly transmit to the department Reports to such reports and statements with reference to the finances of '^'''""''"'™' the district as may from time to time be required by the [Min- ister] and in such form as may be provided by the [Minister]. 1901, c. 29, s. 98; 1910 (2nd Session), c. 6, s. 2. Half-Yearly and Yearly Returns. 99. The board of every district shall cause to be prepared Return to by the proper officers of the district and transmitted to the "'''"^ ™™ department the half-yearly and yearly returns respecting attendance and classification of pupils and the finances of the district which returns shall be in form prescribed by the [Min- ister]. (2) In case the board of any district neglects or refuses to penalty for have prepared and transmitted to the department such half- Po^rwlrf*" yearly and yearly returns within thirty days from the close '^'^*"™^ of the half year or year as the case may be such district shall forfeit the sum of $10 out of any government grant which may have been earned and to which the district is entitled for each week that the returns are delayed and the trustees through whose neglect or refusal such sums have been forfeited shall be jointly and severally responsible for the amount thus lost J^i^^™*^^' "^ to the district which amount may be recovered by action in the [District Court of the judical district in which the school district is situated] by any person authorized by the [Minister] to bring such action. 1901, c. 29, s. 99; 1910 (2nd Session), c. 6, ss. 2 and 24. Resignation of Trustees. 100. Any trustee wishing to resign may do so by sending resignation notice in writing to the remaining member or members of the board who shall immediately take the necessary steps to fill the vacancy and such resignation shall only take effect upon the election of a new trustee. (2) A trustee who resigns his office may be re-elected with his own consent. 1901, c. 29, s. 100. Disqualification of Trustees. 101 Any trustee who is convicted of any felony or mis- g^"'„™'i^*?$'„ demeanour or becomes insane or absents himself from thefo^ ""-"<'■ «■*<■■• meetings of the board for three consecutive months without being authorized by resolution entered upon its minutes or ceases to be an actual resident within the district for which he is a trustee shall ipso facto vacate his seat and the remaining 279 29 Cap. 75 schools trustee or trustees shall declare his seat vacant and forthwith order a new election to fill any vacancy thus created. 1901, c. 29, s. 101. b^'inferest^ in ^^^- '^^ trustee shall take or possess any pecuniary interest, contract with profit or promlsc or exi)ectcd benefit in or from any contract, corporation ^ f ...i-i- ■ ,i agreement or engagement cither m his own name or m the name of another with the corporation of which he is a member or shall receive or expect to receive any compensation for any work, engagement, employment or duty on behalf of such corporation except as secretary, treasurer, secretary-treasurer or for a school site. (2) Any trustee violating any of the provisions of this section shall thereby forfeit his seat and [any two or more ratepayers of the district may at any time upon their several afl&davits disclosing facts from which it appears that a trustee or trustees is or are guilty of gi'oss neglect of duty or negligently or wil- fully fails or fail to carry out the provisions of the school law or is or are for any other reason whatever which reason need not be of a nature similar to those herein specified unfit to act as trustee or trustees and upon payment into court of the sum of S1.5 as security for costs to abide the event of the application apply to the judge of the District Court of the judicial district within which such district is wholly or mainly situated for a summons calling upon such trustee or trustees to show cause why he or they should not be ousted of the office; and where upon the return of the summons it appears to the judge by affidavit or oral evidence that such trustee or trustees or any of them is or are guilty of gross neglect of duty or negligently or wilfully fails or fail to carry out the provisions of the school law or is or are for any other reason as aforesaid unfit to act as trustee or trustees or any of them to be ousted of the office and such trustee or any of them shall thereupon become and be ousted of such office or the judge may discharge the sum- mons and in either case with or without costs.] 1901, c. 29, S.102; 1910 (2nd Session), c. 6, s. 25. Elections to Fill Vacancies. Ti ne of 103. When any vacancy is created in the board of any village or rura district it shall be the duty of the remaining trustee or trustees in office to forthwith call a special .meeting of the ratepayers of the district to elect the required number of trus- tees to complete the board: Provided that if any vacancy is not filled within one month the [minister] may appoint some qualified person to fill the same. 1901, c. 29, s. 103; 1910 (2nd Session), c. 6, s. 2. election— rural 104. In rural and village districts the election of a trustee l^pdj^ii^age ^Q All any vacancy shall only be held at a special meeting called for the purpose and in the same manner as at the annual meet- 280 SCHOOLS Cap. 75 30 ing except that nominations shall be received by the chairman for thii'ty minutes from [two o'clock in the afternoon] and the poll shall remain open for two hom's after nominations close. (2) In town districts the election of a trustee to fill anyi'°™° districts vacancy shall be held in the same manner as is provided by this Ordinance for the annual election of trustees in town dis- tricts. 1901, c. 29, s. 104; 1910 (2nd Session), c. 6, s. 26. 105. A trustee elected to fill a vacancy shall hold office only Jf ™^°\i.°^el for the unexpired term of the person in whose place he has been elected and he shall within ten days after his election take the declaration of office provided for in section 37 of this Ordinance. 1901, c. 29, s. 105. BORROWING POWERS OF DISTRICT. By Note. 106. The board of any district may by resolution authorize ^°'' current . '' f. ,, expenses its chaunnan and treasurer to borrow from any person, bank or corporation such sum of money as may be requii'ed to meet the expenditures of the district until such time as the taxes for the current year are available and such loan shall be repaid out of and shall be a first charge upon the taxes which are collected for the year in which the loan was made and may be secured by the promissory note or notes of the chairman and treasurer given on behalf of the board. 1901, c. 29, s. 106; 1910 (2nd Session), c. 6, s. 27. [by debenture.] [107. Should it appear desirable to the board of any district [b^^,'d!ng°?'?tc^i that a sum of money should be borrowed upon the security of the district for securing, purchasing, adding to, extending, or improving a school site or sites, or a site for a teacher's house, or for purchasing, repairing, erecting, furnishing or adding to any school building or teacher's house or for all or any of the said purposes it shall pass a by-law to that effect which may be in form prescribed by the [Minister] or to the like effect and which shall be under the corporate seal of the district. (2) A copy of every such by-law shall be inscribed in the minute book containing a record of the board's proceedings.] 1903 (2nd Session), c. 27, s. 7; 1910 (2nd Session), c. 6, s. 2. [108. Within five days from the passing of the b5^-law the [Notice of board shall give notice of its intention to apply to the [minister] bonw™ for authority to borrow the amount specified in the by-law and on the conditions therein set forth. (2) Every such notice shall be in form prescribed by the [Minister] and shall be given by notices posted up in at 281 31 Cap. 75 SCHOOLS least five widely separated and conspicuous places in the district one of which shall be a post office situated therein and should there be no post office in the district a sixth notice shall be posted in the post office nearest thereto.] [(3) In the case of a town school district a copy of the notice provided for in the preceding subsection shall be printed in at least three issues of a newspaper or newspapers published within the limits of the school district and if there be no news- paper published within the school district then in the news- paper whose place of publication is nearest thereto.] 1903 (2nd Session), c. 27, s. 7; 1910 (2nd Session), c. 6, s. 28. p'^f"'*'"^ ^°'' [109. Unless the amount to be borrowed under the by-law does not exceed $800 and is to be borrowed for the purpose of erecting a first school house or for such purpose and other purposes in a district in a town district twenty, in a village district ten and in a rural district four ratepayers of the district may within fifteen days from the date of the posting of notices in the next preceding section mentioned demand a poll of the ratepayers for and against the by-law and such poll shall be held as hereinafter provided in sections 113 to 121. (2) Every demand for a poll shall be delivered to the secre- tary of the district or in his absence to the chairman of the board and a certified copy of the demand shall be forthwith transmitted to the department.] 1903 (2nd Session), c. 27, s. 7. Authorization [110. In the cvcut of a poll not being required or not being mn°i3ter' demanded as hereinbefore provided the secretary of the board when no poll gjjg^ji transmit to the [Minister] — 1. A certified copy of the by-law; 2. A certified copy of the notice provided in section 108 hereof and a statutory declaration proving posting of notices; 3. A statutory declaration stating the amount of assessable land in the district if a rural district or the assessed value of the real property in the district as shown by the last revised assessment roll if a town or village district; And upon receipt of the same and upon being satisfied that the several conditions required by this Ordinance have been sub- stantially complied with the [Minister] may in writing authorize the board of trustees to borrow the sum or sums of money mentioned in the by-law or a less sum and shall publish notice of authorization in the official gazette.] 1903 (2nd Session), c. 27, s. 7; 1910 (2nd Session), c. 6, s. 2. '■p'Sfiing]"^ [111. In the event of a poll being demanded as provided by section 109 hereof the board shall by resolution fix the time and place for holding the same and shall give notice in form prescribed by the [Minister] or to the like effect of such time and place of polling by notices posted up in at least five 282 SCHOOLS Cap. 75 32 widely separated and conspicuous places thi'oughout the district at least fourteen clear days before the polling one of which notices shall be posted in the post office situated within the district and should there be no such post office a sixth notice shall be posted in the post office nearest thereto.] 1903 (2nd Session), c. 27, s. 7; 1910 (2nd Session), c. 6, s. 2. 113. A certified copy of the by-law and of the notice of polling anS^noL^e^fo"/ shall be forwarded forthwith to the [Minister] by the secretary '^'hen pound within twenty days after the notice has been inserted animals may in the official gazette as in section 19 mentioned the said animal shall be sold by public auction after notice of such sale shall have been posted for eight days in three conspicuous places within the herd district (one of which shall be the post office nearest the pound) ; and at such sale the pound keeper shall be the auctioneer and such sale shall be held at the pound and shall commence at the hour of two o'clock in the afternoon and the pound keeper shall neither in person nor by his agent purchase any animal at such sale or have any interest of ai'T^Ynot'tohave'"^ kind in any animal so purchased. CO., c. 81, s. 21. interest in sale 23. If more than one animal is impounded on any distress wiien animals and the owner thereof is known the pound keeper shall not™''^"° 349 Cap. 81 HERDING OF ANIMALS sell any more of such animals after he has realized from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold. (2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded. (3) The pound keeper shall immediately after such sale send to the department a description of the animal or animals sold, the date of sale, the amount realized and the disposition thereof. C.O.,c. 81, s. 22. nee"crno't''br'^ 33. No pouud keeper making a sale under the provisions of licensed as auv Ordinance shall be liable to a penalty for selling without auctioneer •', . r^ r\ a license as an auctioneer. CO., c. 81, s. 2.3. PROCEEDS OF SALES, HOW DISPOSED OF. pro^ee'dsof ^- "^^^ procecds of the sale of any impounded animal sold sale under the provisions of this Ordinance shall be applicable in payment — (a) Of any costs and charges attending such sale; (b) Of all sustenance fees ; (c) To the impounder of such animal of the amount due to him for mileage charges and for the damage done; (d) The residue if any to the owner of such animal or (if not claimed at the time of sale by any person entitled thereto) to the Minister. CO., c. 81, s. 24. Owner's ciaini 25. Any mouey paid to the Minister under the provisions of the section next preceding shall be paid over to the owner of the animal sold on evidence (satisfactory to the lilinister or other officer appointed to examine into the same) being fur- nished and application therefor being made to the Lieutenant Governor within twelve months from the date of the sale; otherwise such money shall form part of the general levcnue fund. CO., c. 81, S.-25. COXtt-LAINTS OF OWNER. may Ye 'taken ^^- "^^^ owncr of any impouuded animal may give notice by owner jn Writing to the pound keeper that he intends to complain to a justice against the person impounding such animal; and upon receipt of such notice and on deposit with the pound keeper of the amount claimed for damages together with the pound and other authorized fees and charges the pound keeper shall release such animal and shall retain such amount subject to the order of the justice as hereinafter provided. 350 HERDING OF ANIMALS Cap. 81 (2) Such complaint may be upon one of the following grounds : How amt (a) That the impounding was illegal; or fomiiUated (5) That the damages claimed are exceysivc; or ('■) That the impounding was illegal but that in any event the damages are excessive; but the justice shall not inquire into any complaint notice of which has not been given. C.O., c. 81, s. 26. 27. Within ten days after giving the notice in the last pre- ",*;;', p'l' '.•„',' ceding section mentioned the owner may lodge his complaint as set forth in the notice with a justice of the peace who there- upon shall institute the like proceedings as are authorized under part L^TII of The Crimina' Code 1892 for justices making orders for the payment of money; and upon hearing the com- plaint the justice may determine the matter of such complaint; and if the justice — 1. Adjudges that the animal impounded was illegally im- pounded as claimed the justice shall order the said anima^ (if not released) to be restored to the owner or (if released) the money deposited with the pound keeper to be repaid and in either event the justice shall order the impounder to pay the costs of the proceedings and all fees the pound keeper is lawfully entitled to; or 2. Finds on a complaint laid as in clause (6) of subsection 2 of the last preceding section the amount of damages the impounder has sustained to be less than claimed then the jus- tice shall order the excess and the owner's cost of the proceed- ings to be paid to the owner by the pound keeper out of the money paid in by the owner; and if no money has been paid in by the owner the justice shall order the payment forthwith of the amount of the damages so fixed less the costs of the proceedings and in default of such payment the animal impounded shall be sold and the proceeds apphed as directed by this Ordinance; or 3. Adjudges that the animal impounded was legally im" pounded or that the amount of the damage sustained wa^ not less than the amount claimed then the justice shall make an order for the payment forthwith of the amount claimed by the impounder and all pound and other authorized fees together with the costs of the proceedings; and in default of such pay- ment the animal impounded shall be sold and the proceeds apphed as directed by this Ordinance; or 4. Finds on a complaint laid as in clause (c) of subsection 2 of the last preceding section that the animal was legally im- pounded but that the damages sustained by the impounder were less than claimed the justice shall make an order as directed by paragraph 2 of this section but shall not allow costs to either party and proceedings shall be taken on any such order as provided by such paragraph. CO., c. 81, s. 27. 351 Cap. 81 HERDING OF ANIMALS Owner's remedies at common law Proviso 28. Nothing in this Ordinance contained shall deprive the owner of any animal impounded of any action, remedy or right that he may have at common law or otherwise by reason of the same being unlawfully seized, distrained or impounded: Provided always that if any action be brought against a pound keeper for anything done by him under this Ordinance he may plead not guilty to such action; and if on the trial of such action it is made to appear that the said pound keeper on demand being made on him therefor gave to the plaintiff or his agent the name of the person who drove the animal to the pound and that he in all respects acted within his duties and powers as such pound keeper judgment shall then be given for him with costs. CO., c. 81, s. 28. Damages may be claimed by action in 00 mpetent c ouit 29. Nothing herein contained shall prevent the owner of any lands trespassed upon or of any property destroyed from waiving the rights created by this Ordinance and bringing his action in any competent court in consequence of any trespass. CO., c. 81, s. 29. OFFENCES AND PENALTIES THEREFOR. Penalties pound keepers are liable to for— Impounding Purchasing impounded animals Making unauthorized charges Not paying over moneys Neglecting to care for impounded animals Milking cows Not keeping books Impounding healthy with diseased animals 30. If any pound keeper — 1. Impounds or assists or incites or employs any person to impound any animal in any district unless such animal was doing damage on the pound keeper's own property as described in section 6 of this Ordinance; 2. Purchases in person or by his agent or has any interest of any kind in any animal sold by auction at a pound of which he is at the time of such sale the pound keeper; 3. Demands or receives any sum for pound notices, susten- ance and other fees and charges not authorized by this Ordi- nance; 4. Fails to pay over any money held by him under the pro- visions of this Ordinance for any person after payment of the same has been demanded by or on behalf of such person; 5. Neglects to provide food and water for any animal or works or uses the same in any manner while so impounded: Provided that no pound keeper shall be liable for any pen- alty for milking or allowing to be milked any cow while such cow is impounded; ('). Omits or neglects to keep books and to make entries therein as required by this Ordinance or makes any incorrect or untrue entry in such books; 7. Allows any animal affected with any contagious or infec- tious disease to be in the same inclosure with any impounded animal not so a.ff ected ; 352 HERDING OF ANIMALS Cap. 81 10 8. Fails to give any notice required by this Ordinance; Not giving *-" ^ ^ ^ ' proper notice 9. Neglects to do anything required by this Ordinance to be causing done whereby damage is incurred by any person; neS'ecf ^'' he shall in addition to any civil liability which he may incur by reason thereof be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $100. CO., c. 81, s. 30. 31. When any pound keeper is charged with neglecting to Bu^rdm^^of provide sustenance for any animal impounded the burden of animals are , 1 , . 'lie 1 ■ 1 cared for, on proving that proper sustenance was provided tor such animal pound keeper shall be on such pound keeper, and when any pound keeper is charged with losing any impounded animal through negligence if it be proved that such animal was impounded in the custody of such pound keeper such animal shall be deemed to have been lost through his negligence unless such pound keeper shall prove the contrary. CO., c. 81, s. 31. 32. If any person commit any of the next following offences Penalties he shall on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $100 : 1 . Rescues or attempts to rescue or interferes with any animal P^p™^!^^ impounded or seized for the purpose of being impounded; animai 2. Destroys or injures or attempts to destroy or injure any Destriiction pound ; 3. Illegally impounds any animal; Jmp^ounding 4. Drives any animal upon any cultivated land or to any causing stack of grain or hay or upon any slough growing hay. C.O., 4°™^^^'° c. 81, s. 32. FEES. 33. The following and no other shall be the fees authorized f'^^*''"'"'"^ by this Ordinance in connection with animals impounded within any herd district: 1. To the proprietor of any land trespassed upon or other Expenses . .11 -1 ,1 • , , . for drivmir property injured by any animal or the proprietor capturing animai to any estray, for driving and delivering such animal to the pound''""'" keeper, his reasonable expenses; 2. To such proprietor for capturing and impounding any capturinr stallion of the age of one year and upwards or any bull of the buii'°"°'^ age of nine months and upwards, a fee of $5; 3. To such proprietor for any damage done by any animal Damages an amount not to exceed that mentioned in the statement of claim delivered to the owner or pound keeper with the animal when impounded; 4. To such proprietor for notifying the owner or for every Gi^g notice day any animal is lawfully detained before being placed in temporary •J 'J ^ OCQ Impounding 11 Cap. 81 HERDING OF ANIMALS pound, such fees for making such notification and for the sus- tenance of such animal as a pound Iceeper may be authorized to charge for hke services; fmpo™nded°^ 5. To the pouud keeper to provide for the care and susten- animais ^ncc of cach animal for each day such animal is impounded as follows : For each stallion or bull, twenty-five cents; For each other horse, mule, jack, head of cattle or swine, fifteen cents ; For each sheep or goat, five cents; ?wner^ '° 6. To the pound keeper for notifying owner of animal im- pounded, ten cents; de°partment "• To the pound keeper for forwarding notification to depart- ment for insertion in the official gazette, ten cents; Notices posted g. To the pouud keeper for posting notices of animals im- pounded, each such notice to include all atiimals impounded at one distress or seizure, $1 ; and the actual cost of newspaper Advertising advertising, not to exceed $1, when incurred; Notices of sale g fp^ ^]^g pound keeper for posting notices of sale, each such notice to include all animals impounded at one distress or seizure, $1; Mileage 10. To the pouud keeper for each mile necessarily travelled in the performance of his duties, ten cents; Sale charges H. To the pouud keeper for selling impounded animals and applying the proceeds as directed by this Ordinance, $2.50 per centum commission upon the amount realized on the sale. CO., c. 81, s. 33. SCHEDULE. FORM A. To the Lieutenant Governor in Council : We, the undersigned, being proprietors or occupiers of land in {here describe the district proposed to be constituted as a herd district), hereby record our objection to the provisions of The Herd Ordinance being enforced within the said district: 354 HERDING OF ANIMALS Cap. 81 12 NAME LAND OWNED OR OCCUPIED Quarter Section Township Range West Meridian I, A.B., of {post office address), do solemnly declare — 1. That the total number of persons in the area described in the foregoing statement of objection being holders or occu- piers of land under whatever tenure or superintendents, over- seers or other duly authorized persons acting for or on behalf of such holders or occupiers, is (here insert the total number of persons residing in the proposed herd district and owning or occupying land therein); 2. That I was personally present and did see each of the {number of persons signing the statement) persons whose names are subscribed thereto sign the said statement; 3. That each of the {number of persons signing the statement) persons signing the statement is qualified to do so by virtue of being the holder or occupier of land under whatever tenure or a superintendent, overseer or other duly authorized person acting for or on behalf of such holder or occupier of land within the proposed herd district; 4. That each person signing the said statement before so doing was cognizant of the contents thereof. And I make this solemn declaration conscientiously behev- ing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of The Canada Evi- dence Act 1893. Declared before me this day of 1 at {Signature of person making declaration.) {Signature of person administering declaration.) 355 13 Cap. 81 HERDING OF ANIMALS FORM B. To {name of owner or Department of Agriculture as the case may be.) Notice is hereby given under section 19 of The Herd Ordi- nance that (description of animal impounded) was impounded in the pound Ivept by the undersigned on the {description of quarter section or other place where pound is located) on, day the day of 1 . . . {Signature of Pound Keeper.) 356 CHAPTER 82. An Ordinance for the Protection of Sheep and otlier Animals from Dogs. TPHE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: 1. Any person may kill any dog in the act of pursuing, worry- te'Self ^ ^^^ ing or destroying cattle, horses, sheep, pigs or poultry else- where than on the inclosed land occupied by the owner of such dog. CO., c. 82, s. 1. 2. On complaint made on oath before a justice of the peace Pioceedings , ^ , . , . ."■ , I ■ 1 1 asainst owner that any person owns or has m his possession a dog which has of vicious dog within three months previous, worried, injured or destroyed any cattle, horses, sheep, pigs or poultry outside of the inclosed land occupied by the owner of such dog, such justice of the peace may issue his summons directed to such person stating shortly the matter of such complaint and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint; and upon conviction on the evi- dence of one credible witness other than the complainant, of having such dog in his possession, the justice of the peace may make an order for the killing of such dog within three days and in default thereof may in his discretion impose a fine upon such person not exceeding $20 with costs. CO., c. 82, s. 2. 3. No order or conviction under this Ordinance shall bar ^^^™ f°j^^^ any action bjf the owner or possessor as aforesaid for the recovery barrel of damages in respect of the subject matter for which such conviction is had. CO., c. 82. s. 3. 4. It shall not be necessary for the plaintiff in any action knowledge of for injuries done by a dog as aforesaid to prove that the defend- °™|eessary ant was aware of the propensity of the same to pursue and injure animals nor shall the liability of the owner or possessor as aforesaid of any dog for any injury done by such dog depend upon his previous knowledge of the propensity of the same to injure animals. CO., c. 82, s. 4. 357 CHAPTER 83. An Ordinance respecting Stock Injured by Railway Trains. T^HE Lieutenant Governor, by and with the advice and -*■ consent of the Legislative Assembly of the Territories, enacts as follows : Notices to be given when stock killed or injured Notice to be posted 1. In the event of any stock being killed or injured by any railway train the conductor or other person in charge of the said train shall forthwith notify the nearest station agent of the railroad company upon whose hne of railway the accident has occurred and the said agent shall forthwith in case the owner is known or afterwards becomes known to the agent send a notice to the owner stating the date and place of the accident. CO., c. 83, s. 1. 3. The agent shall in all cases forthwith post in a pubhc place and manner in the station house a notice giving a full description of the animal or animals with a statement of the time and place where the animal or animals were killed or injured and such notice shall not be removed for three months unless in the meanwhile the owner becomes known to the agent. CO., c. 83, s. 2. Penalty 3. Any person infringing any of the provisions of this Ordi- nance shall be hable on summaiy conviction thereof to a penalty of not more than S50. CO., c. 83, s. 3. 358 CHAPTER 84. An Ordinance respecting Noxious Weeds. (1903, 1st Session, c. 24) Chapter 15, 1907, substituted; amended 1908, c. 20, s. 24; 1910 (2nd Session), c. 14. 359 CHAPTER 85. An Ordinance for the Protection of Game. (1903, 2nd Session, e. 29.) Chapter 14, 1907, substituted; amended, 1908, e. 20, s. 30; 1909, c. 4, s. 13 and c. 5, s. 13; and 1910 (2nd Session), c. 13. 360 TITLE XI. RELATING TO PROTECTION OF PERSON AND PROPERTY. CHAPTER 86. An Ordinance to Prevent the Pollution of Running Streams. 'X'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. Any person who deposits or causes or allows to be deposited fiifh°fn*s'tfeamB along the bank of any running stream in the Territories or who shall cast or throw into its waters any stable manure or any night soil, carcases, or any other filthy or impure matter or substance of any kind shall be guilty of an offence and on summary conviction for each and every such offence incur a penalty penalty of not less than $5 together with the costs of prosecution ; and on nonpayment of such penalty and costs forthwith alter conviction be imprisoned in the nearest common gaol for a term not exceeding one month unless such penalty and costs are sooner paid. CO., c. 86, s. 1. 3. The banks of all running streams within the Territories ^™^^°^ shall for the purposes of this Ordinance include all lands within fifty feet of ordinary high water mark on either side of such streams. CO., c. 86, s. 2. 3. This Ordinance shall not refer to the discharge of sewer sewage waters from any pipe or drain leading from any dwelhng house, hotel or public institution. CO., c. 86, s. 3. 361 Short title CHAPTER 87. An Ordinance for the Prevention of Prairie and Forest Fires. 'yHE Lieutenant Governor, by and with the advice and -*■ consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Prairie Firet Ordinance." CO., c. 87, s. 1. Causing prairie fires Penalty PROVISIONS AGAINST KINDLING FIRES. 2. Any person who shall either directly or indirectly, per- sonally or through any servant, employee or agent — (o) Kindle a fire and let it run at large on any land not his own property ; (6) Permit any fire to pass from his own land; or (c) Allow any fire under his charge, custody or control or under the charge, custody or control of any servant, employee or agent to run at large; shall be guilty of an offence and shall on summary convic- tion thereof be liable to a penalty of not less than $25 and not more than S200 and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire. [(2) If a fire shall be caused by the escape of sparks or any other matter from any engine or other thing it shall be deemed to have been kindled by the person in charge or who should be in charge of such engine or other thing but such person or his employer shall not be liable to the penalties imposed by this section if in the case of stationai-y engines the precautions required by section 12 have been complied with and there has been no negligence in any other respect or in the case of railway or other locomotive engines such engine is equipped with a suitable smoke stack netting and ash pan netting in good repair and kept closed and in proper place and in the ca,~e of railway engines where the line of railway passes through prairie countiy there is maintained for a distance of at least three miles continuously in each direction from the point at which the fire starts on each side of such line of railway and not less than two hundred nor more than four hundred feet there- from a good and suflncient fireguard of ploughed land not less than sixteen feet in width kept free from weeds and other inflammable matter and the space between such fireguard 3()2 PEAiRiE FIRES Cap. 87 2 and such line of railway is kept burned or otherwise freed from the danger of spreading fire and there has been no neg- ligence in any other respect. (3) For the purpose of ploughing any fireguard as in the next preceding subsection provided and of freeing from ■ inflammable matter the land between such fireguard and the line of railway any railway company is hereby authorized to enter upon any uncultivated or unoccupied larid without incurring any liability therefor provided that no unnecessary damage shall be done. CO., c. 87, s. 2; 1903 (1st Session), c. 25, s. 1; 1903 (2nd Session), c. 30, s. 1. CAMP OR BRANDING FIRES. 3. Any person who kindles or is a party to kindhng a firecampor in the open air for camping or branding purposes and who exthjuilh-^'^' leaves the same without having extinguished it shall be guilty™""* of an offence and liable on summary conviction thereof to a penalty not exceeding $100. CO., c. 87, s. 3. CLEARING LAND. 4. No person shall directly or indirectly, personally or by Fireguards in any servant, agent or employee kindle on any land a fire for '^'"''^'" ™^''' the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire is started is at the time it is started completely surrounded by a fire- guard not less than twenty feet in width consisting of land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflam- mable matter and any person kindling a fire for such purpose shall during the whole period of its continuance cause it to be guarded by three adult persons provided with proper appli- ances for extinguishing prairie fire. (2) Any person contravening this section shall be guilty of an offence and be liable on summaiy conviction thereof to a penalty not exceeeding $100. CO., c. 87, s. 4. FIRES BY RAILWAY EMPLOYEES. 5. Nothing in this Ordinance shall prevent any railway Railway company or its employees from burning over the land heldemXTels by it under its right-of-way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre Une of the railway. (2) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least four men 363 Cap. 87 PRAIRIE FIRES provided with suitable appliances for extinguishing prairie fire and in default thereof shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceed- ing $100. (3) This section shall not relieve any person from liability under this Ordinance if any fire so started shall escape or ran at large. CO., c. 87, s. 5. SPRING BURNING. Fires before 71 h May 6. Nothing herein contained shall prevent any person from kindling fire before the 7th day of May in any year for the purpose of clearing any area of land not exceeding three hundred and twenty acres if such land is completely surrounded by a fireguard not less than ten feet in width consisting of land covered with snow or water or being so worn, graded, ploughed, burned or covered with water as to be free from imflammable matter. (2) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult persons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of any offence and liable on summaiy conviction thereof to a penalty not exceeding $100. CO., c. 87, s. 6. FIRES BY LOCAL I.M'PROVEilENT OVERSEERS. Overseers of 7. Nothlug in this Ordinance contained shall prevent the improvement ovcrscer of any local improvement district from kindling a ei'ce'Jnions fire for the purpose of making a fireguard but the area which it is proposed to burn must be completely inclosed by a fire- guard at least ten feet in width such as is described in sec- tion 6 hereof and such fii'c so kindled must during the whole period of its burning be guarded by such number of men pro- vided with proper appliances for extinguishing prairie fire, not being less than four men, as will be reasonably sufficient to control such fire and if the precautions hereby reciuired are not taken or if such fire should escape and ran at large such overseer shall be deemed guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding SIOO. CO., c. 87, s. 7. PROSECUTIONS. Burden of proof Negativing exceptions 8. It shall not be necessary that any prosecutor or com- plainant shall in any information or complaint for an offence under this Ordinance negative any exemption, exception, pro- viso or condition herein contained or prove any such negative 364 PRAIRIE FIRES Cap. 87 at the hearing or trial but the accused person may prove the affirmative thereof in his defence if he wishes to avail himself of it. CO., c. 87, s. 8. RIGHTS OF ACTION PRESERVED. 9. Nothing in this Ordinance shall bar or prevent any per-Kisiits c ,.. . , ^ i.i-i preserved son trom bringing any action against any person to which he may otherwise be entitled. CO., c. 87, s. 9. FIRE GUARDIANS. 10. The Commissioner of Agriculture may appoint fire '^"'^ '^""'''''"^ guardians having the powers of constables to enforce the pro- visions of this Ordinance and all justices of the peace, all mem- bers of the North-West Mounted Police force and all [coun- cillors] of local improvement districts shall be ex officio fire guardians. CO., c. 87, s. 10; 1906, c. 33. 11. Any fire guardian may order any grown-up male per- ^""^^^"dians son under sixty years of age (other than postmasters, railway station agents, members of the medical profession, telegraph operators, conductors, engineers, brakesmen, firemen or train- men), residing or then being within ten miles of a prairie fire or within fifteen miles of a bush fire to proceed at once to the locality of such fire and assist in extinguishing it; and any person neglecting or refusing without lawful excuse to obey any such order shall be guilty of an offence and liable on sum- maiy conviction thereof to a penalty not exceeding %5. CO., c. 87, s. 11. THRESHING ENGINES. 13 The following provisions shall be observed in and about Management o ^ 1 c 1 1 ^ operation the management and operation oi engines used for threshing of threshing [and other purposes but shall not appty to railway locomotive engines or engines enclosed in a suitable building]: 1. The engine shall not be placed for the purpose of work- ing !-o that any part thereof will be within thirty feet from any building or stack; 2. A metal pan of adequate size shall be placed under the engine as a receptacle for cinders and ashes and such metal pan shall be kept filled with water; 3. Before the fires are lit in the furnace and during the whole time the engine is in operation the reservoir in the smoke stack shall be filled with water; 4. All cinders and ashes shall be thoroughly extinguished before the engine is removed from where it has been in opera- tion; 365 Cap. 87 PRAIRIE FIRES 5. A barrel of water and two buckets shall be provided and placed conveniently to any stacks or combustible material near the engine; 6. A spark arrester in good repair shall be used and shall not be opened while the engine is in operation. (2) Any person contravening or failing to comply with any of the provisions of this section shall be guilty of an offence and liable on summaiy conviction thereof to a penalty not exceeding $5. CO., c, 87, s. 12; 1904, c. 13, s. 1. 306 CHAPTER 88. An Ordinance respecting the Construction of Chimneys. 'X'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. No person shall construct or use a chimney in any portion chimneys of the Territories unless the same be constructed of walls of stone or brick and mortar, concrete or clay at least four inches thick and projecting at least three feet above the roof of the building wherein the same is or is to be used ; or where stove ®*°^'' """"* pipes pass through a roof they must be firmly secured, the wood be cut away at least three inches from and around the pipe and protected by sheet iron, tin or zinc or pass through a safe the same as ceiling hereinafter mentioned. CO., c. 88, s. 1. 2. When stove pipes in any buildings lead through parti- ^to^e^pipe tions, floors or ceilings the same shall be encased in solid brick through 1 1 • 1 1 n partitions and mortar, concrete or clay so that at every point there shall be at least four clear inches between such pipe and any wood work or within metallic cylinders or stove pipe safes giving at least one inch and three-fourths air space all around on every side. CO., c. 88, s. 2. 3. Any person violating the provisions of this Ordinance ^""'^•'^ shall be subject to a fine on summary conviction not exceeding 850 and costs of prosecution. CO., c. 88, s. 3. 4. The provisions of this Ordinance shall not apply to farms, E.xceptions houses or buildings ten chains distant from one another and shall not apply to municipalities which have provided for the subject matter thereof. CO., c. 88, s. 4. 367 TITLE XII. RELATING TO INTOXICANTS. CHAPTER 89. An Ordinance respecting the Sale of Intoxicating Liquors and the Issue of Licenses Therefor. 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. Short title 1. XMs Ordinance may be cited as "The Liquor License Ordinnncer CO., c. 89, s. 1. INTERPRET ATIOX . interpretaticn g^ jjj -j-jjjg Ordinance and in the schedules thereto the words and expressions following shall, unless such interpretation be repugnant to the subject or inconsistent with the context, be construed as follows : '^°'^^^ 1. "Board" means the board of license commissioners; D''**'^'^* 2. "District" means a license district; Householder 3. " Householdcr " means — [(a) The owner or occupant in his or her own right of a dwelling house who has been actually resident in such house for three months prior to the time of his or her exercising any rights under this Ordinance but does not include or mean boarders or lodgers merely; (5) In cases where more than one family is resident in any particular dwelling the head of each family shall be deemed a householder within the meaning of this Ordinance. Husband and wife living together shall not be considered as separate householders and the husband shall have the right to act in this respect unless the husband shall have been absent from the municipality for more than thirty days at the time of the recommen- dation, protest or petition is being signed, in which case the wife shall be deemed the householder]; Dwelling hou.e [4. "Dwelling house" means an actual separate dwelling house which is either dwelt in or is only temporarily vacant]; J™*'™ 5. "Justice" means a justice of the peace; 368 LIQUOR LICENSE Cap. 89 6. "Hotel license" means and includes every license granted ii''^'^"''^'^"'^'' for the sale by retail of fermented, spirituous or other liquors which may be consumed on the premises on which the same is sold whether hotel premises or not; 7. "Licensee" means a person holding a license under this '-'''•^"^ee Ordinance: S. " Person " includes every member of a firm and the servant, ^®''""" office holder, agent of the company, association or body of persons whether incorporated or not; 9. "Licensed premises" means the premises in respect ofj'j^^gg which a license under this Ordinance has been granted and is in force and extends to every room, closet, cellar, yard, stable, outhouse, shed or any other place whatsoever of, belonging or in any manner appertaining to such house or place; 10. "Liquor" or "liquors" means and comprehends all spir- [^li^o^^ ituous and malt liquors and all combinations of liquors and drinkable liquors which are intoxicating; [Any liquor which contains more than two and a half perj;w°g|°°" cent. l2-J-%) of proof spirits shall be conclusively deemed to be p^jj^j^^^tj^.j^g intoxicating ;] intoxicating 11. "Public bar" or "bar" means and includes any room, p^J;''^'' '^'"' passage or lobby in any licensed premises into which the public may enter and purchase liquors; [12. "Inspector" means a license inspector appointed by the ^"^^®'^*°'' Lieutenant Governor in Council under the provisions of this Ordinance;] 13. "Sale by retail" means the sale of a quantity, not to s^^'e I'y ■etaii exceed half a gallon at any one time, of ale, beer or porter or one quart of wine or spirits; 14. "Electors" means those who are entitled to vote at an Electors election for a member of the Legislative Assembly of the Territories; 15. "Judge" means a judge of the Supreme Court usually J"'^^'' exercising jurisdiction in the judicial district in which the license district (or the greater portion thereof) is situate. CO., c. 89, s. 2; 1900, c. 32, s. 2; 1907, c. 9, ss. 2 and 3; 1909, c. 5, s. 3. EXCEPTIONS FROM APPLICATION OF ORDINANCE. Apnlicaticn 3. Nothing in this Ordinance shall apply — limited"''"'''' 1. To manufacturers of native wine from fruits grown and Manufacturers ,. . *^.. of native wine produced m Canada and who sell such wmes m quantities of not less than one gallon or not less than two bottles of three half pints each at one time at the place of manufacture; 2. To any person who holds a Hcense as auctioneer selling Ay|9^'^nj<'«^^^ liquor at public auction: toimingpart A ^ of insolvent 369 debtor's estate Cap. 89 LIQUOR LICENSE r:ale of beer in N.W.M.P, canteens Judicial sales Provided that the liquor being sold forms part of an insolvent debtor's estate and is named in the inventory thereof and offered for sale under instructions from the creditor or creditors of such estate or his or their assignee, agent or trustee and that the stock of such liquors is not broken for the purpose of such sale and is not removed from the place in which such liquors were originally exposed under license; 3. To the sale of beer in any canteen of the North-West Mounted Police established under proper authority; such sale to be restricted to members of the North- West Mounted Police; 4. To the sale of any liquor by virtue of an execution or other judicial process; [5. To a bona fide sale by a licensee of his stock of liquors in conjunction with a sale and transfer of his interest under the license; 6. To a bona fide sale to a licensee or licensees by a person who has been the holder of a license at any time within sixty days after his license has ceased to be in force; 7. To a bona fide sale to a licensee by the personal repre- sentative of a deceased licensee at any time within sixty days after such decease; 8. To the mess of any portion of the militia of Canada estab- lished under proper authority such sale to be restricted to members of the militia of Canada.] CO., c. 89, s. 3; 1901, c. 33, s. 1; 1904, c. 14, s. 1. LICENSE DISTRICTS. License districts 4. The Lieutenant Governor in Council shall establish dis- tricts for the purposes of this Ordinance to be called license districts and may from time to time alter and redefine the same; and the license districts when so established and when altered shall be announced by proclamation in The North-West Territories Gazette. CO., c. 89, s. 4. I^ICENSE COMMISSIONER. One board [,5. Theic shall bc one board of license commissioners for CommbsTonersi Alberta, to be composed of three persons to be appointed from for Alberta i\^^q iq time by the Lieutenant Governor in Council, and each of them shall cease to hold office on the thirty-first day of December in each year, subject, however, to removal at any time before that date at the pleasure of the Lieutenant Governor in Council; but such persons or any of them may be re- appointed; (2) The said board shall upon appointment elect one of their numl^er to act as chairman and one to act as secretary. 370 LIQUOR LICENSE Cap. 89 4 (3) Every person so appointed shall forthwith after his appointment and before performing any of the duties of his office take and subscribe the following oath or affirmation: I [name in full), do hereby solemnly swear {or affirm) that Oath of office I will faithfully perform my duty as license commissioner for the Province of Alberta. The said oath or affirmation shall be forthwith sent by the respective commissioners to the Attorney General. (4) The remuneration of the commissioners shall be fixed by the Lieutenant Governor in Council and shall be paid out of the general revenue of the province, and the Attorney General shall have power to make regulations governing the duties, sittings and procedure of the board not inconsistent with TJie Liquor License Ordinance and amendments thereto.] 1909, c. 5, s. 3. LICENSE INSPECTORS. [6. The Lieutenant Governor in Council may appoint one ^f^^'^^J^^Xa or more provincial officers, whose duty it shall be,.., in addition fo^enforce to any other duties imposed by this Ordinance upon inspectors, unlicensed to enforce the provisions of this Ordinance for the prevention of traffic in liquor by unlicensed houses. (2) One of such officers may be designated "chief license P^ienkense inspector" and it shall be his duty — (a) To make a personal inspection of each license district ; (b) To hold investigations into the conduct of inspectors of licenses and license commissioners when required so to do by the Attorney General; (c) To ascertain that such inspectors are performing the duties of their office faithfully and efficiently; (d) To report upon any such matters as expeditiously as may be to the Attorney General for his information and decision; (e) Where such chief license inspector inquires or causes an inquiry to be made into the conduct of any inspec- tor of licenses or license commissioner or into the manner in which the law is enforced by an inspector of licenses, it shall be lawful for him to require that the evidence shall be given under oath, which oath he is hereby empowered to administer. He shall also have power to summon witnesses, and to enforce their attendance and to compel the production of books and documents in the same manner and to the same extent as a justice of the peace.] 7. The Lieutenant Governor in Council may appoint one orAppomtment more license inspectors for any license district or for the Ter- "nspectora ritories and shall fix their salaries or fees and prescribe their duties. No. 7 of 1897, s. 7. 371 Cap. 89 LIQUOR LICENSE iM,-.i.e(;t..isto 8. It shall be the duty of every inspector from time to time viMt licensed . -J i • • i • Dinces Y'len when directed by the [Attorney General] to visit and inspect every licensed place within the district and to report forthwith to him e^'ery case of infraction of the provisions of this Ordi- nance; and every inspector shall at once and in conformity with the provisions herein contained prosecute any person so offend- ing and shall suffer no unnecessary delay to intervene between his obtaining the information and the prosecution. CO., c. 89, s. 8; 1900, c. 32, s. 1. 9. {Repealed) 1900, c. 32, s. 4. Inspector to ixy \Q_ jn CESC any person gives to the inspector information jiilonnation . • ^ • , . i^ (, ;ii(i prosecute justiiymg the prosecution of any person for onences against this Ordinance it shall be the duty of the inspector to lay the information in his own name and prosecute. CO., c. 89, s. 10. Incorporated cities or towr 'nay appoint i >pectois . 11. The council of any city, town or rural municipality or the ratepaj'ers of any village at the annual meeting or at any special meeting called for that purpose may appoint an inspec- tor or inspectors of licenses who shall have all the powers con- ferred by this Ordinance upon inspectors within the limits of such city, town, rural municipality or village; and in case any person is convicted of an offence against any of the provisions of this Ordinance through the action of such inspector then the Territorial Treasurer shall pay to such city, town, rural municipality or village one half of any fine recovered through such conviction. 1900, c. 32, ss. 3 and 5; 1907, c. 9, s. 5. Form of license Wholesale license LICENSES. 13. Licenses shall be either — (a) "Hotel" or (6) "Wholesale.' (2) Licenses shall be signed by the [Attorney General] and shall be in form F appended hereto. (3) Under a wholesale license the licensee may sell and dispose of liciuors in the warehouse, store ^ shop or place defined in the license in quantities of not less than one half gallon in each cask or vessel and in case of such selling by wholesale as in res- pect of bottled ale, beer, porter, wine or other fermented or spirituouj liquors each such sale shall be in ciuantities not less than one reputed quart bottle or two reputecl pint bottles and liquors thus sold shall not be consumed in or upon the house and premises m icspect of which the license is granted: Provided that in case of any conviction against .a who'esale licensee for allowing liquois to be consumed in or upon such house or premises such licensee shall absolutely forfeit his license or licenses and no new license shall thereafter be granted to such licensee in the license district in which such licensed premises aie situate: LIQUOR LICENSE Cap. 89 6 Provided further that in incorporated citicf^ and towns no i^y^o'esaie , . J.1 j_i T 1 • 1 c • license lirmted business otner than a hquor business and the sale oi cigars and tobaccos shall be carried on upon the premises covered by such wholesale license. CO., c. 89, s. 12. 13. Licenses may be issued in the name of a copartnership J^'^'J,™?^ ""^g when two or more persons are carrying on business in the same °^ '•°- , . •■ ,. T 11 1 • 1 • partnership name but a separate license shall be rec[uired m every separate place of business of such firm. (2) A license granted to any firm or partnership shall with- °^^™'g'^*^5'^ °^ ovit any formality enure to the benefit of the remaining partner or partners in the event of the withdrawal or removal of any of them by dissolution or any other determination of the partner- ship. [(3) Each member of a licensed partnership shall be liable Each^ember to the penalties imposed against licensees for breach of the provisions of this Ordinairce. (4) For the purposes of the consequences of any conviction ^^'^®^fj.°i^j, under this Ordinance a conviction against any person who is against 1*11 1 I'll* niember OI a meirrber of a licensed partnership whether made while he is firm a member of such partnership or prior thereto shall have the same effect as if such conviction had been against each member of the said partrrership. (5) No license shall be granted in the name of one member No license to only of a partnership and any license so granted shall be void.] firm CO., c. 89, s. 13; 1903 (1st Session), c. 26, s. 1. 14. Any incorporated company may become a licensee or Jj;™^p°™J^^y licensees in any district under the provisions of this Ordinance j?«™™^ and in such cases all acts required under the provisions of this Ordinance to be done by any person as licensee whether prior to or after the granting of a license may be done in the name of the company by the officer or agent of the said company in charge of the particular premises for which the license is to be or shall have been granted [who personally shall be liable as licensee as well as said compairy in respect of the offences and penalties under this Ordinance]. [15. The number of hotel licenses to be granted in cities, H^f^^j'''^^"^''^ towns, incorporated villages and other places as hereinafter mentioned shall not in any one year exceed: In cities, towns and incorporated villages and in other places in which licenses may be granted, one for the first 500 or fraction thereof, one for the next 500 or fraction thereof, and one for each additional 1,000 of the population: Provided always that nothing herein contained shall be Proviso deemed to cancel or prevent the renewal or transfer of any license granted and issued prior to the passing of this Act, but never- theless in any locality where the number of licenses heretofore 373 Cap. LIQUOR LICENSE ^^ holesale licenses not to be issued unless population exceeds 1,000 granted or issued exceeds the number limited by this Act, no new hcenses shall be granted until the population of such locality shall comply with the provisions of this Act. (2) No wholesale license shall be granted in cities, towns and incorporated villages and in other places in which licenses may be granted unless and until the population of such city, town, incorporated village or place exceeds 1,000: Provided always that nothing herein contained shall be deemed to cancel or prevent the renewal or transfer of any Ucense granted and issued prior to the passing of this Act. 1903 (1st Session), c. 26, s. 2; 1907, c. 9, s. 6. pining hall licenses for beer 16. {Repealed) 1907, c. 9, s. 7. Special license to railway 17. Any railway company may obtain a special license from the [Attorney General] to sell wine, ale, beer, and spirits on any dining car attached to a train upon the line of their railway and shall pay therefor the sum of 1100 to the 'Terri- torial Treasurer; such licenses shall expire on the thirtieth day of June in each year. (2) The general provisions of this Ordinance as to applica- tions for licenses and the proceedings thereon shall not apply in the case of applications for licenses under this or the pre- ceding section. CO., c. 89, s. 17; 1900, c. 32, s. 1. travSIrs'''' [i^tt. The Attomcy General may grant licenses to commer- license gial travellers and agents empowering them to take orders in the Territories for liquor to be imported into the Territories to fill such orders. (2) Such license shall not empower the person to whom it is granted to keep a stock of liquor in the Territories but merely to take orders for liquor to be sent into the Territories to fill such specific orders. (3) Such license may be transferred by the Attorney General upon payment of the fee of $10. (4) Any person who solicits or takes any order in the Terri- tories for liquor to be supplied from outside the Territories without having obtained the license in this section mentioned shall be liable to the penalty prescribed by section 85 of this Ordinance.] 1901, c. 33, s. 19. Quantities that may be sold [lib. The license granted under the next preceding section shall authorize the sale of liquor only in quantities of not less than five gallons in each cask or vessel at any one time or where sale is in respect of bottled liquor in quantities of not less than one dozen bottles of at least three half pints each or two dozen bottles of at least three-fourths of one pint each at any one time. 374 LIQUOR LICENSE Cap. 89 8 (2) The provisions of this Ordinance as to applications for licenses and the proceedings thereunder shall not apply to licenses granted under either of the two next preceding sections. (3) Such license shall expire on the thirtieth day of June in each year and the fee payable therefor shall be $210.] 1901, c. 33, s. 20; 1903 (1st Session), c. 26, s. 16. 18. {Repealed) 1907, c. 9, s. 8. 19. Subject to the provisions of this Ordinance as to removals ^^^^fJSiy^to and the transfer of licenses every license for the sale of liquor person named shall be held to be a license only to the person named therein and for the premises therein mentioned and shall remain valid only as long as such person continues to be the occupant of the said premises and the true owner of the business there carried on CO., c. 89, s. 19. 20. No license shall be granted to any person declared in Disqualified pursuance of this Ordinance to be a disqualified person during ineligible the continuance of such disqualification; any license issued to a person so disqualified shall be void. CO., c. 89, s. 20. 31. No license shall be granted under the provisions of this commissionei- Ordinance to or for the benefit of any person who is a license cannot obtain • • IIC6IIS6 commissioner or license inspector and any license so issued shall be void. CO., c. 89, s. 21. 33. No license shall be issued under the provisions of this^wiSdw Ordinance for premises within any district of which a member ™'T>m^|s^™<''' of the board or the inspector of such district is the owner. CO., »»* licensed c. 89, s. 22. [33. No license shall be granted to any married woman who ^"^.'^'f^^J*''^ «" is not a licensee at the time of the coming into force of this woman Ordinance.] 1903 (1st Session), c. 26, is. 3. [33a. No license shall be granted under the provisions of ^ew^^icenses this Ordinance for the sale of liquor upon any premises foi' ^rembes^""^ which a license has not hitherto been granted under the pro- within 200 visions of this Ordinance, within 200 yards of a building occupied chmch or exclusively as a church, as a school, university or college, to^'''™°' be measured from and to the main entrance along the street or streets, road or roads, or across the same at right angles, as the case may be.] 1907, c. 9, s. 9. ACCOMMODATION REQUIRED IN LICENSED HOTELS. 34. [Every Ucensed hotel shall contain in addition to what fj^^^^^'d is required for the use of the Ucensee, his family and servants, '"h°t<^''^ the number of bedrooms following, that is to say: (a) In cities at least forty-five; 375 Cai). 89 LIQUOR LICENSE Stabling horses to be provided (b) In towns at least thirty; (c) In villages at least twenty ; and in every case a suitable complement of bedding and furni- ture. (la) The foregoing subsection shall not apply in the case of hotels for which a license is in force or recommended by the board of license commissioners on the 15th day of March, 1907, until the first day of May, [1912], the provision of the said repealed first subsection of the said section 24, remaining in force in respect of such hotels until the said first day of May, Provided, however, that the said foregoing subsection may be brought into force by proclamation before the said first day of May, [1912], in any license district, and in which case the said subsection shall be in force in any such district or ilistricts, on, from and after the day named in the proclamation.] (2) Every licensed hotel shall have two public sitting rooms separate and distinct from the bar room. (3) {Repealed) 1907, c. 9, s. 11. (4) Every licensed hotel shall be provided with suitable and sufficient appointments and appliances for serving meals daily to travellers. (5) Every licenseil hotel shall be provided with suitable privies to be approved by the inspector which shall at all times be kept clean and ventilated. (6) The premises, furniture, bedding and other appoint- ments of every licensed hotel shall at all times be kept clean. (7) The nonobsei'vance of any of the provisions of this section shall be deemed to be a violation by the hcensee of such provisions. (8) Every licensed hotel shall be provided with suitable fire escapes and fire alarm signals to be approved by the inspector and in places having a fire brigade by the chief of such brigade. (9) Every hotel licensee shall, except in cities and towns, provide stabling for at least 16 horses in addition to any horses of his own; but nevertheless the board may dispense with this requirement in any case in which it is satisfied that there is otherwise sufficient accommodation in this respect in the neigh- bourhood.] CO., c. 89, s. 24; 1903 (1st Session), c. 26, s. 4; 1904, c. 14, s. 2; 1907, c. 9, ss. 10, 12 and 39; 1908, c. 20, s. 8; 1909, c. 5, s. 3. APPLICATIONS FOR LICENSES. Licenses how issued 35. Every license shall be issued upon the recommendation of the board except aa herein provided. CO., c. 89, s. 25. ,i/(i LIQUOR LICENSE Cap. 89 10 26. The board shall sit during the month of May in each MeeWnga ot year at such place and at such date as may be arranged and notified to them by the [Attorney General] to receive and dis- pose of applications for license and to hear and decide protests. CO., c. 89, s. 2H: 1900, c. 3'2, s. 1. 21. At such meeting the board may adjourn the hearing of ^^^5^^'^'',,^^''^ any application or any protest to any other place and time if meeting they see fit and as far as possible protests shall be tried in the locality in which application for license is made. (2) The board may be called together at any time by the [Attorney General] and the board may meet at any time of their own motion. (3) If from any cause a [majority] of the board fails to be ^ijow "'^^ present on the day fixed for the meeting or at any adjourn- ^y'^^'^^'^'J^jfot ment of a meeting the said meeting or adjourned meeting shall p'i'ss"* stand adjourned from day to day until a [majoritjr] shall be present to hold such meeting. CO., c. 89, s. 27; 1900, c. 32, s. 7. 28. Every application for license shall be by petition (in Application for form A appended hereto) and such application and also recom- mendation (in form B) and the affidavits (in forms C and D) shall be sent to the Territorial Treasurer along with the sum of $10 so that it may reach him on or before the first day of April. On receipt sf the same it shall be the duty of the Terri- torial Treasurer to sign a receipt in duplicate for such sum of $10 and to send one thereof to the applicant and the other together with such application and recommendation to the [Attorney General]. (2) The recommendation (form B) shall not be required in the case of any application for a license in an incorporated city or town. CO., c. 89, s. 28; 1900, c. 32, s. 1. 29. As soon as possible after the first day of April the [Attorney ^f^'jppiic-ation* General] shall advertise b>' one insertion in a newspaper in each locality for which applications (accompanied by said receipt and recommendation where required) have been receiA-ed by him or as near such locaUty as possible, a list of all such applica- tions received for such locality showing the name of each appli- cant, description of license applied for and the place described with sufficient certainty together with a notice of the time and place of the meeting of the board to be held to consider such application; at least twenty-four days shall intervene between the publication of the advertisement and the date of such meeting; and a notice containing similar information shall be fixed to the outer door of the building where the board is to sit, and be sent to the postmaster nearest to the proposed license premises to be posted up in the post office; and the [Attorney General] shall also send to an inspector a list of all 377 11 Cap. 89 LIQUOR LICENSE applications made in his district; upon receiving such list such inspector shall inspect the premises of each applicant named and make the report provided for in this Ordinance. Such inspector shall produce such reports at the then next meeting of the board in the district. CO., c. 89, s. 29; 1900, c. 32, s. 1. fenTto district ^^- "^^^ [Attorney General] shall attach all the papers relat- inspeotor ing to cacli application together and transmit them together with a statement showing all convictions under this Ordinance against any applicant, to the inspector of the district, who shall produce them at the meeting of the board. (2) All papers connected with applications or protests while in the hands either of the [Attorney General] or district inspector shall be open to the inspection of the public. CO., c. 89, s. 29; 1900, c. 32, s. 1. Papers open to public inspection Inspector to return papers to attorney general with board's certificate 31. After the meeting of the board the inspector shall return the said papers to the [Attorney General] with a certificate signed by at least the majority of the commissioners present at the meeting showing whether the Ucense is recommended or not and if not recommended stating the reasons. CO., c. 89, s. 31; 1900, c. 32, s. 1. Attorney general to notifj- successful applicant Certificate municipal t reasurer License fee and prosecution fund 32. Tpon receipt of the papers and certificates the [Attorney General] shall notify each successful applicant that he is required to send to the Territorial Treasurer on or before the fifteenth day of June — (a) Where the premises to be licensed are within an incor- porated city or town which has provided by by-law for the payment of a ■ municipal license fee under sub- section 2 of section 46 hereof, a certificate which shall be furnished free of charge from the municipal clerk or treasurer of the payment of such fee; (h) The amount of the Territorial license fee together wiLh five per cent, thereof in addition as a pi'osecu- tion fund. License to be sent (2) Upon receipt of said moneys and certificate (where required) the Territorial Treasurer shall sign a receipt in dupli- cate for the same, one of which he shall transmit to the applicant and the other along with the certificate (where required) to the [Attorney General] who shall thereupon send to such applicant a license in form F appended hereto. [Unless the said license be granted for a limited period, it shall expire at midnight on the thirtieth day of June following the date thereof, unless sooner cancelled under the provisions of this Ordinance.] CO., c. 89, s. 32; 1901, c. 32, s. 1; 1907, c. 9, s. 13. 378 LIQUOR LICENSE Cap. 89 12 [33. Any person desiring to obtain a license at any other Application at time than as above provided may send to the Provincial Treas- urer his apphcation and $100; the Attorney General upon receipt of the application and the Provincial Treasurer's receipt shall arrange for the advertising of the application, the inspec- tion of the premises, and the calling together of the board at as early a day as possible to deal with the application, pro- vided that no license shall be granted to any person under the provisions of this section whose application for a license under section 28 hereof has been rejected.] 1909, c. 5, s. 3. 34. Any existing licensee may apply for the renewal of his ^pP|.'^'°|*^°^ license for the same premises for another term in which case of 'ii^ense the recommendation in form B shall not be required unless premises since obtaining such recommendation he has been convicted of an offence under this Ordinance. CO., c. 89, s. 34. 35. All license moneys and fees payable under this Ordinance ^|?| j*"^^'' shall be paid to the Territorial Treasurer and shall go to thesenerai 1 £ T rf /-\ ctf\ nr revenue fund general revenue fund. CO., c. 89, s. 35. (2) {Repealed) 1909, c. 5, s. 3. 36. Any seven or more out of the twenty householders resid- Protests ing nearest to the premises for which a license is required may by petition in form G appended to this Ordinance object to the granting of such license and the objections which may be taken to the granting of a license may be one or more of the following : (a) That the applicant is of bad fame and character or of ^ad fame drunken habits or has previously forfeited license; or (6) That the premises in question are out of repair or have Premises out not the accommodation required by law or reasonable" accommodation if the premises be not subject to the said requirements; or (c) That the licensing thereof is not required in the neigh- Not required bourhood or that the premises are in the immediate vicinity of a place of public worship, hospital or school or that the quiet of the place in which such premises are situate will be disturbed if a license be granted or for other valid reasons which may be shown. (2) The petition shall be transmitted to the Territorial Treas- Petition to be urer accompanied with $10 in time for its receipt by him not xelntSriai less than ten days before the then next sitting of the board ; *''^''™'^^'' on receipt thereof the Territorial Treasurer shall acknowledge the same in writing to the person from whom he received it; he shall indorse on the back of the petition the date he received the same with the money aforesaid and forward the said petition to the [Attorney General] who forthwith shall transmit it to the inspector for production at the said sitting of the board. 379 13 Cap. 89 LIQUOR LlflOXSE Protest fee held in trust Returned if successful Adjourning to hear protest Written decision Petition to be signed within 60 daj-s prior to receipt (3) The said sum of SIO shall be held in trust and in case the protest is successful shall be returned to the person whose name is first upon the petition. In case the protest is not successful the said sum of 810 shall be paid into the general revenue fund. [(4) At Siny meeting of the board at which an adjourn- ment in order to consider any protest is asked by or on behalf of any person protesting the board before fixing the day and place for the hearing of such protest shall require the party asking for such adjournment to deposit with the board a sum of money sufficient to cover the costs of such adjourned hearing and unless such sum is forthwith deposited may proceed to hear and determine such application and any sum deposited shall forthwith be forwarded by the chairman of the board to the Attorney General and in the event of such protest being unsuccessful the cost of such adjourned hearing shall be deducted from the amount deposited and the balance if any returned to the person making the deposit.] (5) The board shall give a written decision stating which if any of the objections stated in the protest are sustained or not as the case may be. [ii) Such petition must be signed within the period of sixty days immediately prior to the clay it is so received by the treas- urer and the justice or commissioner before whom the same is signed shall certify the date upon which each person signs such petition. CO., c. 89, s. 36; 1900, c. 32, s. 1; 1904, c. 14, s. 3. Where recommen- dation not required Recommenda- tion to be signed within 60 days prior to receipt Application not to be entertained unless in place containing 40 dwelling houses 37. A license shall not be granted to any person to sell intoxi- cating liquors outside of incorporated cities or towns who has not first obtained the recommendation in writing in form B. (2) Such recommendation must be signed within the period of sixty days immediately prior to the day it is so received by the Territorial Treasurer and the justice, notary or commis- sioner before whom the same is signed shall certify the date upon which each person signs such recommendation. [(3) No application for a new license shall be entertained in respect of any hotel or wholesale premises not situated in a city or town; or in respect of any hotel license in a village containing less than forty dwelling houses or in any place containing less than forty dwelling houses within an area of not greater than 960 acres.] 1907^ c. 9, s. 14. (4) (Repealed) 1907, c. 9, s. 14. Recommen- dation to state distances 38. Every recommendation and protest (forms B and G) having reference to the granting of a license shall have in addition to each signature thereon a statement of the approximate distance from the premises to which such petition refers of the residence of each person signing the same. CO., c. 89, s. 38. 380 LIQUOR LicENSK Cap. 89 14 39. Every application for a license and all protewts if any Hearing^ against every such application shall be heard and determined and pfoteM by the board in a summary manner. (2) Every such hearing of an application or protest shall be °p«" '° p" '''' open to the public and every applicant for a license shall attend personally at such hearing unless hindered by sickness or in- firmity and the board may summon and examine on oath such witnesses as they may think necessary and as nearly as may be in the manner directed by any Act now or hereafter in force relating to the duties of justices in relation to sum- mar}- convictions antl orders and any one member of the Ijoard may administer such oath. (3) Every such hearing may at the discretion of the board '^'^'°"™'"™' be adjourned from time to time. (4) At all hearings under this Ordinance the individuals ^0^"'^ °^ composing the board shall have the same powers as justices of the peace. CO., c. 89, s. 39. 40. On every application for a license except for a whole- JepOTts*on'' sale license the inspector shall report in writing to the board ^pp}|^^*}°"^ and such report shall contain — licenses 1. A description of the house, premises and furniture; 2. If the application be by a person who held a license for the same premises during the preceding year a statement as to the manner in which the house has been conducted during the existence of the previous license; 3. A statement of the number, position and distance from the house in respect of which a license is applied for, of the licensed houses in the neighbourhood; 4. A statement whether the applicant is a fit and proper person to have a license and is known to be of good character and repute; 5. A statement whether the premises sought to be licensed are or are not in his opinion required for public convenience; 6. A statement whether the applicant is or is not the true owner of the business of the hotel proposed to be hcensed; [and if not the owner of the premises whether he has a lease of such premises for the term of the currency of the license applied for] ; 7. A statement whether the persons signing the recom- mendation (form B) are in the opinion of the inspector [twenty] out of the [forty] householders nearest to the building in which the business proposed to be Hcensed is to be carried on; [8. A statement as to whether all the requirements of The Liquor License Ordinance have been complied with.] CO., c. 89, s. 40; 1901, c. 33, s. 5; 1909, c. 5, s. 3. 381 15 Cap. 89 LIQUOR LICENSE Inspector's report on applications for wholesale licenses 41. In every application for a wholesale license the inspector shall report to the board in writing and such report shall con- tain — 1. A description of the house and outbuildings with the number of the lot or section they are comprised within; 2. If the applicant be a person who held a license in the same district during the preceding year a statement as to the manner in which the business was conducted during the existence of the previous license ; 3. A statement showing — (a) "Whether the applicant is or is not a fit and proper person to have a license and is known to be of good character and repute ; (p) Whether the business sought to be licensed is or is not in his opinion required for public convenience; (c) Whether the applicant is or is not the true owner of the business proposed to be licensed; {d) WTiether the persons signing the recommendation (form B) are in the opinion of the inspector, ten out of the twenty householders nearest to the building in which the business proposed to be licensed is to be carried on; [(e) W^hether all the requirements of The Liquor License Ordinance have been complied with.] C.O., c. 89, s. 41; 1909, c. 5, s. 3. Discretion of board License may be granted for building to be con- structed Plans to be filed 42. The report of the inspector shall be for the information of the board who shall nevertheless exercise their own discre- tion on each application. CO., c. 89, s. 42. [(2) Notwithstanding anything in this Ordinance contained an applicant who has complied with all the other provisions of this Ordinance may apply for and be granted a license for a building either in course of constniction or to be constructed upon filing with the Attorney General plans and specifications of the proposed building, but no license shall be granted in respect of such proposed building until the chief license inspector reports that the building has been completed in accordance with the said plans and specifications.] 1907, c. 9, s. 15. HEARING AND DETERMINING APPLICATIONS. Duties of board Hearing and determining protests 43. The board having ascertained that the requirements of this Ordinance as to the application and the report of the inspec- tor have been complied with, but not otherwise, shall hear the application (2) The board shall hear and determine all protests and objections which may be made against applications on evidence as shall seem to them sufficient. 382 LIQUOR LICENSE Cap. 89 16 (3) Any person who is qualified to protest and has signed a^eraons formal protest in form G hereto appentled against the granting prateat may of a license maj? be heard in relation thereto in person or by attorney or agent. (4) The council of any municipality may authorize any person Municipal • .. \- ^ J J L council miiy to appear m a similar manner on behalf of the ratepayers ofberepre- such municipality as to the granting of a license and such person so authorized shall have a right to be heard before the board against the granting of such license. (5) No objection in respect of the character of any applicant Jbj'ictioM shall be entertained unless three days' written notice has been '° character given to the applicant and no protest need be noticed if not made in accordance with this Ordinance. (6) No objection from an inspector shall be entertained °o^fn'°p|„tg^ unless the nature of the objection shall have been stated intone stated r'liiii ^" report the report furnished to the board. (7) Notwithstanding anything in this Ordinance contained P°'"''i "".^y ,(, f. . ^ •^ y , , take notice the board may of its own motion whether a protest has been of any filed or not take notice of any matter or thing which in their opinion would be an objection to the granting of a license. In anj^ such case the board shall notify the applicant and shall be notified adjourn the hearing of the application if requested by him for any period not exceeding fourteen days and not less than seven days or any time fixed with the consent of the applicant in order that any person affected by the objection may have an oppor- tunity of answering the same. (8) "Where the applicant for a hotel license resides in a remote JepSn may part of the district or when for any other reason the board sees ^^dispensed fit they may dispense with the report of the inspector and act upon such information as may satisfy them in the premises. CO.. c. 89, s. 43. 44. The decision of the board when once announced by the P^"'.?";? °\ chairman shall not be questioned or reconsidered: provided nevertheless that in cases where the person or persons affected ^^^^^_^^^ ^^^ by such decision petition the board and allege facts and grounds rehearing for their consideration not formerly before them or in cases in which the board have not been unanimous the board may by resolution in which all the members concur decide to rehear the case. ^Yhen a rehearing is allowed notice thereof shall be given by the inspector to the applicant and to at least one of the petitioners or his agent. CO., c. 89, s. 44. 45. If an applicant for a license has at any time been refused ^efuseTon a license on the ground that he is not a fit person to hold a g™;7^^^\?j' Ucense no appUcation by such apphcant if opposed shall bep^^o" entertained by any board within a period of two years of the last of such refusals. CO., c. 89, s. 45. 383 Cap. 89 LIQUOR LICENSE Fee to city or town under by-law LICENSE FEES. 46. Every person to whom a license to sell intoxicating liquor shall hereafter be granted shall before receiving such license be required to pay as a fee for such license in addition to any fee required to be paid to the incorporated city or town in which such license has been or is required to be granted, the following duties that is to say : [1. For each hotel or wholesale license in cities having ten thousand inhabitants or over , S400 . 00 2. In other places 200.00] Provided that in the case of bottling works where ale or lager beer only is bottled the fee shall be one-half of the fees payable for the wholesale license. (2) Incorporated cities or towns [that have appointed an inspector or inspectors under the provisions of section 11 of this Ordinance] may by by-law require each licensee to pay towartls their municipal revenue such sums as they may deter- mine not exceeding the amount of Territorial duty payable on such license and the [Attorney General] shall in no case issue a license until he has received a certificate from the treas- By-iaws to be urer or clerk of said municipality showing the amount of such fees and that such sum has been paid; such by-law and every substituted and amended by-law shall be promptly certified and forwarded to the [Attorney General] and such by-law shall continue in force until amended, altered or repealed, without being re-enacted each year. (3) In all cases where licenses are taken out for a portion only of the year the amount payable to the Territorial Treas- urer and to the incorporated city or town for Ucense fees under this section shall be a proportionate part only of the amount required for one year. [(4) Any village which has appointed an inspector under the provisions of section 11 of this Ordinance maj' l)y resolu- tion passed at the annual meeting or any special meeting called for that purpose require each licensee to pay to the overseer for the use of the village a license fee not exccetling fifty dollars which fee shall be paid and a receipt given therefor and the same forwarded to the Attorney General before the license is issued by him but until the Attorney General has been furnished with a certified copy of the resolution appointing a license inspector and the resolution fixing a license fee such last men- tioned resolution shall not be deemed to be effective.] CO., c. 89, s. 46; 1900, c. 32, ss. 1 and 8; 1903 (1st Session), c. 26, s. 6; 1907, c. 9, s. 42. SECURITY. sent to attorney general Duration of Proportionate part of annual license fees Village license fee Bonds by liferi.;ee;j 47. Before any license is issiunl the person applying for the same shall enter into a bond to [His] ^lajesty in the sum of $500 with two good and sufficient sureties to be approved by 384 LIQUOR LICENSE Cap. 89 18 the board, justifying' by affidavit, in the sum of $250 each, conditioned for the payment of all fines and penalties which such person may be condemned to pay in respect of any offence against this Ordinance to be recovered at the suit of the Attorney General by civil process in the ordinary way and such bond shall be in the words or to the effect of form E appended to this Ordinance. (a) In lieu of the security to be given as provided in sub- {^g"j,''|'';'J*^,f^^°^f section 1 hereof the Lieutenant Governor in Council o**''^'' '^"^"fy may direct that an agreement may be entered into between His Majesty and any guarantee company or other company authorized to enter into contracts of suretyship or to issue policies for guaranteeing the good behaviour of persons required to furnish such security, by which the company may undertake in consideration of a fixed annual payment or otherwise, to indemnify His Majesty against the nonpayment of any fines or penalties or costs which the person to whom a license is granted or to whom any license is trans- ferred may be ordered to pay during the term for which the license is granted or during which such person is the holder of a license to the amount set out in the said agreement or in any schedule attached thereto ; lb) It shall not be necessary that a separate agreement Agreement shall be entered into for each apphcant for a license aii licenses or a transfer of a license, but the agreement with such company may provide that upon notice being given by the Attorney General, to the company, that the company is required to furnish security for any such applicant or transferee and upon the acknowledgement in writing of receipt of such notice by the company the company shall become liable to the amount set out in such notice ; (c) The amount chargeable to each applicant for suchpafdb°y'^'' guarantee shall be stated in the agreement and shall '"pp'^''''"*^ be paid by the apphcant to the Provincial Treasurer before the issue of the Ucense.] CO., c. 89, s. 47; 1901, c. 33, s. 6; 1910 (2nd Session), c. 2, s. 8. CANCELLATION OB' LICENSES. 48 The board shall at any time cancel any license upon cancellation proof that the conditions necessary to the granting of such license do not exist and also in case it is shown that the Ucensee is not keeping his premises in accordance with the provisions of this Ordinance and any mles and regulations made there- under. CO., c. 89, s. 48. 49. The [Attorney General] may subject to the approval of °ffpf,';f3«°°^y the Lieutenant Governor in Council at any time cancel a license f,**^°™f 385 M 19 Cap. 89 LIQUOR LICENSE Rebate and allow a rebate to such licensee of a portion of the moneys paid for license both to the municipaUty and to the Territorial Treasurer. (2) A license may be cancelled under this section on account of the destruction of the premises or for any reason satisfactory to such [Attorney General]. (3) In case such rebate is allowed it shall be the duty of the municipality and the Territorial Treasurer to refund to such licensee such amount so allowed. C 0., c. 89, s. 4:9; 1900, c. 32, s. 1; 1907, c, 9, s. 16. Transfer of licenses TRANSFER OF LICENSES. [50. The rights and liabilities of a licensee shall enure to the legal representative of a deceased licensee and to the trans- feree of the business of a licensee for a period of sixty days after the death or transfer; and during such period such legal representative or transferee shall for the purposes of this Ordi- nance be considered a licensee. (2) At the expiration of the said period of sixty days the license shall ipso facto become forfeited and be absolutely null and void unless such legal representative or transferee shall prior thereto have obtained the written consent of the Attorney General to the continuance of the business or to the transfer of the license: Provided that the said period of sixty days may be extended, for good cause shown, by the Attorney General for a further period not exceeding thirty days. (3) Upon such written consent being given the legal repre- sentative or transferee as the case may be shall have the same rights and be subject to the same liabilities as if the license had been originally granted to him and shall for the purpose of this Ordinance be deemed a Ucensee.] 1901, c. 33, s. 7. Licensee legally ejected 51. AYhcre a licensee has been legally ejected from any licensed premises the board may, notwithstanding the nonproduction of the license, on the application in writing of the owner of the premises and the proposed new tenant, if they cannot produce the license, grant a special license to such new tenant Special license ^^ such form as they shall think applicable, such special license to new tenant to be signed by the [Attorney General]; provided always that the board shall be satisfied that actual value has been received from the said owner by said Hcensee. CO., c. 89, s. 51- 1900 c. .32, s. 1. Balance of term 53. The board may by order authorize any person they may think entitled to the benefit of any license to carry on the business in the licensed premises for the remainder of the term for which the license was granted in the same manner as if 386 LIQUOR LICENSE Cap. 89 20 such license had been formally transfeiTccl to such person (provided proof of value received be given as provided in the Proviso next preceding section) in the following cases: 1. Whenever am- person to whom a license has been granted H'""''°" i.jiT 'i . I. ^ of premises deserts the licensed premises or refuses or neglects to transfer the license when justly required so to do; or 2. If during the currency of any such hcense the holder '^'"="-"°y thereof ceases to occupy the premises in respect whereof the license is held or his tenancy of such premises is determined by effluxion of time or by notice to quit or by any other process whatsoever. CO., c. 89, s. 52. 53. ^A'hel■e any licensed person is convicted of any offence fication'*"^"'" '' and in consequence either becomes personally disquahfied or matt'er^a,? in has his license forfeited the board upon application by or on'il^'' °^ *-'™^' behalf of the owner of the premises in respect of which the license was granted (where the owner is not the occupier) and upon being satisfied that such owner was not privy nor a con- senting party to the act of his tenant and that he has legal power to eject the tenant of such premises, may by order auth- orize an agent to carry on the business specified in the license relating to such premises until the end of the period for which such license was granted, in the same manner as if such license had been formally transferred to such agent : provided always Pro^i™ such owner shall pay as fee for the balance of the term of the license unexpired a proportionate part of the amount required for one year. CO., c. 89, s. 53. 54. In case of the marriage of any woman being a licensee jM^™ge ot the license held by her shall confer on her hushand the same licensee privileges and shall impose on him the same duties, obligations and liabilities as if such license had been granted to him originally : Provided that the [Attorney General] on apphcation of theP'oviso husband of any such licensee, [if] satisfied that no objection can be made to the character of the husband and that he has not forfeited a license within the next preceding three years, may confirm to him his wife's license for the remainder of the term of the duration thereof, of which confirmation a certifi- cate signed by the [Attorney General] shall be conclusive evi- dence. CO., c. 89, s. 54; 1900, c. 32, ss. 1 and 10. remoVal of licenses. 55. The [Attorney General] may, after order allowing the Removal to same by the board, indorse on any hotel or wholesale license," ""^ p'^mis' permission to the holder thereof to remove from the house to which his said license applies, to another house to be described in the indorsement to be made by the [Attorney General] on the said license; provided always that the house to which the licensee 387 21 Cap. 89 LIQUOR LICENSE Effect of such permission proposes to remove has all the accommodation required by law and subject to the requirements in the case of an original apphcation for the same kind of a license. (2) Such permission when the approval of the said [Attorney General] is indorsed on said hcense shall authorize the holder of the said license to sell liquors in the house mentioned in the indorsement during the unexpired portion of the term for which the said license was granted in the same manner and upon the same terms and conditions as he might do in the premises to which the license originally applied; any bond or security which such holder of a license may have given for any purpose in relation to such license shall apply to the house or place to which removal is authorized ; but such permission shall not entitle him to sell at any other than such one place. CO., c. 89, s. 55; 1900, c. 32, s. 1. Application for transfer or removal Sec. 56 Proviso [56. In all cases provided in sections 50 to 55 hereof, both inclusive, of transfer, removal or change in a license, application shall be made in the same manner as if for an original appli- cation for license. The amount of money to be sent with the said application shall be the sum of S20 but should a meet- ing of the board of license commissioners be found necessary to consider the same, a further sum of ^SO shall be paid by the applicant to the Provincial Treasurer before such meeting is held. The Attorney General upon receiving the application from the Provincial Treasurer shall }iroceed as in cases where persons apply at other than the regular time for licenses : Provided nevertheless that if within the time limited for protest no protest has been received by the Attorney General and he is satisfied in other respects that the application should be granted, it shall not be necessary for the board to hold a meeting or make a recommendation but the application may be granted upon the authority of the Attorney General alone.] 1909, c. 5, s. 3. LICENSES IMPROPERLY OBTAINED. Powers of judge where license improperly obtained 57. If within sixty days from the granting of a license or a transfer of a license any person deposits with the clerk of the Supreme Court for the judicial district wherein the licensed premises are situated $10 as security for costs together with a complaint (verified by affidavit) that the said license or transfer has been obtained by fraud or in violation of any of the pro- visions [of this Ordinance] on application the judge may by means of an originating summons in\-estigate and summarily hear and dispose of the complaint and direct the cancellation of the license or dismiss the complaint and award costs in the same way as costs are awarded in proceedings in the Supreme Court. 388 LIQUOR LICENSE Cap. 89 22 [(2) For the purpose of this section all the provisions of this Mandatory not Ordinance shall be deemed to be mandatory and not directory merely. (3) An appeal shall he from the decision of a judge under^JJ,P|''''g^° ,3^,,^ this section to the Supreme Court of Alberta sitting en banc, and such appeal shall be governed by the rules applicable to appeals from judgments in actions in the said court.] CO., c. 89, s. 57; 1910 (2nd Session), c. 2, s. 8. [license register.] [58. The Attorney General shall keep a register to be known^^"™'^''^'^'""' a^ the register of licenses in which shall be recorded — (a) All applications made to the commissioners, with the names of the applicants, the nature of the applica- tions, the premises in respect of which the applica- tions are made, the date on which the applications were heard and the manner in which the same were disposed of, including in case of refusal the cause or causes thereof; (6) All licenses granted with the names of the licensees and of the sureties to be furnished; (c) All forfeitures of licenses, disqualification of licensees and convictions against licensees.] 1900, c. 32, s. 11. [59. The Attorney General shall report annually to the ^f^^jJI^^jJ" Legislative Assembly within the first fifteen days of the session thereof furnishing — (a) A statement of the number and description of licenses and the names of applicants to whom licenses were granted dvuing the year; (b) The names of applicants to whom licenses were not granted ; (c) Any other particulars required to be entered in the register of licenses; (d) A list of prosecutions for infractions of this Ordinance and the result of the same; (e) Any general remarks which he may deem necessary concerning the working of the liquor license law.] 1900, c. 32, s. 12. regulations, prohibitions and penalties. License to be 60. All hcenses shah be constantly and conspicuously exposed oipmS in the warehouses and shops, in the bar rooms of hotels or other places to which the licenses respectively relate, under a penalty of 85 for every day's wilful or negligent omission so to expose them, and in default of payment one week's imprison- ment for every day of such omission. CO., c. 89, s. 60; 1907, c. 9, s. 17. 389' Cap. 89 LIQUOR LICEXSE Placard over door 61. Every person keeping a licensed hotel or wholesale hquor store shall during the continuance in force of such license exhibit and keep exhibited on the outside and over a front door of the licensed premises in large letters the words "licensed to sell spirituous or fermented liciuors." [(2) Every holder of a hotel license shall also keep exhibited on the outside and over a front door of the bar room and in some conspicuous place in the bar room a notice printed in large letters in the following words: "This bar room is recjuired to be closed from the hour of 7 o'clock p.m. on Saturdays to the hour of 7 o'clock a.m. on the Monday following and on other days of the week from the hour of [ten] o'clock p.m., to the hour of (i o'clock a.m. of the following day."] CO., c. 89, s. 61: 1901, c. 33, s. 8; 1908, c. 20, s. 8. Payment of wages on licensed 62. No payment of wages to any workman or other person shall be made on any licensed premises except by the licensee to his ordinary servants or employees; any such payment made in contravention of this section shall not operate to discharge the debt of the emploj^er in respect of such wages to such work- man or other person. CO., c. 89, s. ()2. One bar only Hours for sale of liquor Exception I'roviso 63. Not more than one bar shall be kept in any house or premises licensed under this Ordinance. CO., c. 89, s. 03. 64. In all places where intoxicating licjuors are licensed to be sold by retail no sale or other disposal of liquors shall take place therein or on the premises thereof, or out of or from the same to any person or persons whomsoever save as hereinafter provided from or after the hour of seven of the clock on Satur- day night till sc\'en of the clock on Monday morning there- after, nor from or after the hour of [ten] o'clock at night until six o'clock the following morning on the other nights of the week; as respects all places where liquors are licensed to be sold by wholesale no sale or other disposal of licjuors shall take place therein or on the premises thereof or from or out of the same to any person or persons whomsoever nor shall the premises in respect of which the license is issued be kept open from or after the hour of seven o'clock on Saturday night until seven o'clock on ilonday morning thereafter and from eight o'clock at night until seven o'clock in the morning on the other nights of the week save and except as to both retail and wholesale places in cases where a requisition for medical purposes signed by a hcensed medical practitioner or by a licensed druggist or by a justice of the peace is furnished the licensee or his agent; nor shall any liquor whether sold or not be permitted or allowed to be dn.mk in any such places during the time prohibited by this Ordinance for the sale of the same: Provided that in hotels and restaurants compelled by law to give meals liquor may be sold during meals on Svmdays to the guests bona fide residing or boarding in such houses between 390 LIQUOR LICENSE Cap. 89 24 the hours of one and three and five and seven in the afternoon respectively to be drank at their meals at the table; but this provision shall not permit the furnishing of liquor at the bar or place where liquor is usually sold in such houses. (2) No sale or other disposal of liquor shah take place in?°.''''i« , ,. T 11 •!• IT' c IT dunnu; election any licensed place withm the hmits oi a polhng subdivision on or during any polling day for the election of a member for the Legis- bar'sVouw" lative Assembly or any municipal elections or any day in which ^~ '''°^'"' a vote in accordance with the provisions of this Ordinance is being taken from or after the hour of six o'clock in the morning of the said day until the close of the poll; or at or during any time when by law in force in the Territories or by by-law in force in the municipality wherever such place or places is or are or may be situated the same or the bar room or bar rooms thereof ought to be kept closed. (3) Every person found in a bar room or a room where fnb^^m°^^'^ liquors are usually sold upon licensed premises at any time I^'J^^p™^''^'*'''' between the hours of seven of the clock on Saturday night and seven of the clock on the Monday morning thereafter or between the hours of [ten] of the clock at night and six of the clock the following morning on the other nights of the week Penalty shall be liable on summary conviction thereof to a fine of .^lO and costs of prosecution and in default of payment thereof forthwith to imprisonment for ten days: Provided that nothing in this section shall prevent an hotel Proviso keeper, his wife or regular employee from entering such bar room or room for the sole purpose of procuring liquor ordered by guests to be used with their meals on Sunday as allowed by the provisions of this section. (4:) Except as is herein otherwise provided no bar room or ^,0™™^^° g*" room in which liquors are usually sold in a licensed hotel shall p™';^'^*''''' be kept open at any time during the hours when the sale or other disposal of liquors is prohibited [and the presence in the bar room of any person not a member of the licensee's family or a regular employee of the licensee shall be prima facie evidence of the keeping open of such bar room]. (5) Any contravention of the provisions of this section by Contravention . "^ bv servant a seivant, agent or employee of a licensee shall be presumed to be the act of such licensee. [(()) The sale or other disposal of liquor by a licensee at any bona fide banquet or supper being held in his licensed premises to any person in actual attendance at such banquet or supper at any time before one o'clock a.m. shall not be deemed to be a violation of the provisions of this section provided the said licensee has obtained the written permission of a license com- missioner for the license district in which his licensed premises are situate for such sale or other disposal.] [(7) The presence during prohibited hours of any person Presence other than the licensee or a regular employee of the licensee hibWed hom-s in wholesale QQ]^ premises Cap. 89 LIQUOR LICENSE in any premises for which a wholesale license has been issued shall be prima facie evidence of the keeping open of such pi'emises by the licensee contrary to this Ordinance.] CO., c. 89, s. 64; 1903 (1st S(vsion), c. 26, ss. 7, 8 and 9; 1907, c. 9, s. 18; 1908, c. 20, s. 8. Bar room connection with other portion of licensed premises 65. There shall be no connection between the bar room and other portion of the premises in any licensed hotel b}' means of windows, wickets, elevators, chutes, openings of any kind or sliding, folding or other kind of doors except doors opening directly out of [and on the same side of] the bar room into the same public hall or ofhce of the Ucensed premises and a door or trap leading from behind the bar into the cellar. CO. c. 89, s. 66; 1901, c. 33, s. 9. No.'^ommuni- [(O) Thcrc shall be no communication between any shop cation between •- . i t l j. shop or store or store wherein any goods, wares or merchandise are kept premises for salc and any wholesale premises licensed under this Ordi- nance.] 1907, c. 9, s. 19. Full view of interior of licensed premises during prohibited hours [66. Full view of the interior of the bar room in any licensed hotel, or room where liquor is usually sold in any wholesale premises, shall not during prohibited hours be obstructed by means of screens, shades, blinds, or frosted, ground or coloured windows.] 1907, c. 9, s. 20. Billiard rooms, etc. 67. No billiard, pool or other tables shall be permitted in the Isar room of any licensed hotel; no liciuor shall be sold or supplied in any room in any licensed premises set apart or used for such games. [(2) No musical instrument, dancing or other form of attrac- tion shall be permitted in such bar room.] CO., c. 89, s. 67; 1903 (1st Session), c. 26, s. 10. 68. {Repealed) 1907, c. 9, s. 21. Refusal tu supply meals, etc. License may be suspended on account of premises not being kept clean, etc. 69. Every licensed hotel keeper who either personally or through anyone acting on his behalf except for some valid reason refuses to supply lodging, meals, or accommodation to travellers at a reasonable rate shall be guility of an offence and on summary conviction thereof be liable to a penalty of $20 and in default of payment one month's imprisonment. CO., c. 89, s. 69. [(2) Every licensed hotel or part thereof and all closets and outbuildings used in connection therewith shall be kept clean and sanitary, properly ventilatetl and comfortably heated, and the Attorney General shall have power at any time to suspend the license of any licensed hotel in case he finds that any require- ments of this section are not being complied with until all matters of complaint in respect thereof shall have been rectified to his satisfaction; and during the continuance of any such 392 LIQUOR LICENSE Cap. 89 2(i suspension the holder of such suspended hcense shall have none of the rights of a Ucensee under this Ordinance.] 1907, c. 9, s. 22. 70. If any hotel keeper licensed under this Ordinance receives Penalty for in payment or as a pledge for any liquor supphed in or from pledge or his licensed premises anything except current money or theStheTthln debtor's own cheque on a bank or banker he shall be guilty "qToT ^°' of an offence and on summary conviction thereof be hable to a penalty of $20; and the person giving anything as a pledge as aforesaid may recover the same or the value thereof in any court of competent jurisdiction notwithstanding such pledge; no hotel keeper shall receive payment in advance for any liquor Payment tor to be supplied and the amount of any payment so made in suppUed ^" advance may be recovered notwithstanding that any liquor mav have been suppUed subsequentlv to such payment. CO., c. S9, s. 70. [(2) No time cheque or other evidence of indebtedness given ^"^^''^"^"gj"'' in payment of wages shall be cashed in any licensed premises Ji'Jl'^l^^on and any licensee, or his servant, agent or employee, knowingly premises violating the provisions of this subsection shall he guilty of an offence under this Ordinance.] 1907, c. 9, s. 23. 71. Any licensee who purchases from anj' other person any- ^^-^.^^vj^'^j^ °'' thing either by way of sale or barter directly or indirectly the pawn to? consideration for which in whole or in part is any intoxicating liquor or the price thereof or receives from any person any goods in pawn for liquor shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty of •'i>20 and in default of payment forthwith after conviction to imprison- ment for any term not exceeding one month and such purchase or pledge shall be absolutely void and the property so sold or pledged may be recovered by the seller or pledgor by civil process : Provided always that none of the provisions of this section^™™" shall apply to transactions between parties holding respect- ively wholesale and retail licenses under the provisions of this Ordinance. CO., c. 89, s. 71. 73. Any licensee who permits gambling, drunkenness, or any ^^^JlJjjjs- violent, cjuarrelsome, riotous or disorderly conduct to take <'°nj^.'^9t^|t''' place on his premises, or sells or delivers any intoxicating liquor to any drunken person, or permits and suffers any drunken person to consume any intoxicating hquor on his premises, or permits or suffers persons of notoriously bad character to assem- ble or meet on his premises shall (in addition to any other punishment provided by law) be guilty of an offence and on summary conviction thereof be liable to a penalty of not less than S25 nor more than $50 and in default of payment forth- with after conviction to not less than one or more than two months' imprisonment. CO., c. 89, s. 72. 393 Cap. 89 LIQUOR LICENSE Games of chanre. etc., prohibited Arrest on view 73. Every description of gaming, playing at cards, dice or any game of chance, with betting or with view to determine as to who shall pay for any liquor consumed or to be consumed, is hereby strictly forbidden and prohibited in any licensed premises in the Territories, and any proprietor, owner or Ucensee of any such place allowing any description of gaming as afore- said therein, and any person found in such place engaged in any description of gaming as aforesaid, shall be guilty of an offence and on summary conviction thereof be liable to a fine of not less than S20 nor more than 850 for every such offence, and in case of default of payment forthwith after conviction to be imprisoned for a term not less than one month nor more than two months. (2) Any proprietor, owner or licensee of any such place allow- ing any description of gaming as aforesaid thereon and any person in any such place engaged in any description of gaming as aforesaid shall be liable to be ariested on view and brought before any justice and dealt with as above provided. [(3) The existence of dice or other appliances for gambling in any bar room on any licensed premises shall be prima facie evidence of an infraction of the provisions of this section.] CO., c. 89, s. 73; 1901, c. 33, s. 10. Penalty for harbouring constable 74. Any licensee who knowingly harbours or knowingty suffers to remain on his premises any constable during any part of the time for such constable to be on duty (unless for the purpose of keeping or restoring order or in the execution of his duty) or supplies any liquor by way of gift or sale to any constable on duty unless by authoritj? of some superior officer of such constable or bribes or attempts to bribe any constable shall be guilty of an offence and on summary conviction thereof be liable to a penalty of not less than 825 nor more than S50 and in default of payment forthwith after conviction to not less than' one nor more than two months' imprisonment. CO., c. 89, s. 74. Intoxicated tiersons may be refused admittance or expellefl Penalty 75. Any licensee may refuse to admit to the premises in respect of which his license is granted any person who is intoxi- cated and may refuse to admit to and may turn out of the premises any person who is violent or quarrelsome or disorderlv and any person whose presence on his premises would sub- ject the licensee to a penalty under this Ordinance; and any such person upon being requested in pursuance of this section by such licensee or his agent or servant or any constable to quit such premises refuses or fails to do so shall be guilty of an offence and on summary conviction thereof be liable to a penalty of 85 and in default of payment forthwith after con- viction to one week's imprisonment; and all constables are required on demand of such licensee, his agent or servant to LIQUOR LICENSE Cap. 89 -8 expel or assist in expelling every such person from such premises and may use such force as mav 'oe necessary for that purpose. CO., c. 89, s. 75. 76. Every person who makes or uses or allows to be made fi°™be™^een or used any internal communication between any Ucensed pre- i>'='=ns«r his control or used by his per- mission. (3) Any purchaser of liquors in a house or premises to which a wholesale license applies who drinks or causes any one to drink or allows liquor to be drunk in the premises where the same has been purchased shall be liable to the penalty and punishment set forth in this section. CO., c. 89, s. 84; 1901, c. 33, s. 13. [85. Any person who sells or barters liquor of any kind with- femng uquor out the license therefor by law required shall be guilty of an without a offence and on summary conviction thereof shall be liable, for the first offence to a penalty of not less than $100.00 nor more than $250.00, and in default of payment of the fine forth- with after conviction to imprisonment for a term of not less than two months nor more than six months; for a second offence to a penalty of not less than S250.00 nor more than iSoOO.OO or to imprisonment for a term of not less than three months nor more than twelve months, or to both fine and imprison- ment, and in default of payment of the fine forthwith after conviction to imprisonment for a term of not less than three months nor more than twelve months ; for a third or subsequent offence, to a penalty of not less than $500.00 nor more than $1,000.00, and to imprisonment for a term of not less than nine months nor more than two years, and in default of payment of the said fine forthwith after conviction to a term of not less than nine months nor more than two years.] 1910 (2nd Session), c. 2, s. 8. 85a. Sections 81 and 85 of the said Ordinance shall not J.^^wer.|'^"'^ prevent any brewer, distiller or other person duly licensed by'icense the Government of Canada for the manufacture of spirituous, fermented or other liquors from keeping or selling in such quantities as are hereby authorized any liquor manufactured by him provided the building in which such liquors are kept forms no part and does not communicate by any entrance with any shop or premises wherein any article authorized to be manufactured under such license is sold by retail, or wherein is kept any broken package of such articles, and provided also that such brewer, distiller or other person has apphed for and obtained a Ucense to sell by wholesale in the quantities herein- after specified. (2) The hcenses granted under this section shall authorize ^^^"^^"j^j^^'^ the sale of liquor in quantities of not less than three gallons b= sold 399 33 Cap. 89 LIQUOR LICENSE in each cask or vessel at any time or wliere such sale is in respect of bottled liquor in quantities of not less than one dozen bottles of at least three half pints each or two dozen bottles of at least three-fourths of one pint each, at any one time. (3) The provisions of said Ordinance as to apphcations for licenses and the proceedings thereon shall not apply to licenses granted under this section. (4) Such license shall expire on the thirtieth day of June in each year and the fee payable therefor shall be S210 or a pro- portionate part thereof.] 1903 (1st Session), c. 26, s. 17. False pretenses to obtain liquor 86. Every person who by falsely representing himself to be a lodger or traveller buys or obtains or attempts to buy or obtain at any premises any liquor during the period when such premises are rccjuired to be closed as to the sale thereof in pursuance of this Ordinance shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty of S2() and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 8(1. Inspector shall not receive bribe Penalty 87. No inspector shall either directly or indirectly receive, take or have any money whatsoever for any license, report, matter or thing connected with or relating to any grant of any license or receive, take or have any note, security or promise for the payment of an}' such money or any part thereof from any person or persons whatsoever; and any person or persons guilty of or concerned in or party to any act, matter or thing contrary to the provisions of this section shall be guilty of an offence and on summary conviction thereof be liable to a penalty of ■S200 and in default of payment forthwith after conviction to imprisonment for three months. CO., c. 89, s. 87; 1900, c. 32, s. 13. Penalty for causing illegal issue of license 88. Any commissioner, inspector, officer or other person who contrary to the provisions of this Ordinance knowingly issues or causes or procures to be issued any liquor license or a certifi- cate therefor shall be guilty of an offence and on summaiy conviction thereof be liable to a penalty of .5250 and in default of payment forthwith after conviction to imprisonment for six months. CO., c. 89, s. 88. Penalty for compounding offences 89. Any person who having or being charged with having violated any of the provisions of this Ordinance, compromises compounds or settles or offers or attempts to compromise, com- pound or settle the offence with any person or persons with the view of preventing any complaint being made in respect thereof, or, if a complaint has been made, with the view of getting rid of such complaint or of stopping or having the same dis- missed for want of prosecution or otherwise shall be guilty of an offence and on summary conviction thereof be liable to 400 LIQUOR LICENSE Cap. 89 34 incur a penalty of slOO and in default of payment forthwith after conviction to imprisonment for two months. CO., c. 89, s. 89. to ion 90. Every person who is concerned in or is a party to the bliJig*party compromise, composition or settlement mentioned in the next ^^p"**'*' preceding section shall be guilty of an offence and on sum- mary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after conviction to one month's imprisonment. CO., c. 89, s. 90. 91. Any one knowing or having reason to believe that an ^3^?!','/^^^^°^^' order to commit to gaol has been issued against any person ''^"'d ''"'"^t under this Ordinance who prevents the arrest of such person or procures or facilitates by any act or counsel or in any other manner whatsoever his avoidance of arrest or who provides such person with the means of avoiding arrest shall be guilty of an offence and on summary conviction thereof be liable to a penalty of $50 and in default of payment forthwith after con- viction to two months' imprisonment in addition to any other penalty provided by law. CO., c. 89, s. 91. 9^. Every second conviction for any offence against theCon™«ons provisions of sections 77 and 80 hereof, and every conviction as forfeiture for an offence against the provisions of the said sections when there has been a previous conviction for an offence against the provisions of any other of them, and every third conviction for an offence against the provisions of this Ordinance or any of them shall operate as a forfeiture of the license of the offender when not otherwise provided. CO., c. 89, s. 92. 93. Everv person who shall violate any of the provisions of Pfnaity for ... on6iic6S not this Ordinance for which violation no penalty is herein speci- specially ally provided shall be guilty of an offence and on summary '^'°'" ^ conviction thereof be liable to a penalty of not less than $50 nor more than -SlOO and in default of payment forthwith after conviction to imprisonment for not less than one month nor more than four months. (2) The license of any licensee convicted of any violation of the provisions of section 94 of an Act of the Parliament of Canada intituled An Act respecting Indians and any amend- ments thereto shall upon such conviction be forfeited and thereafter be null and A^oid. CO., c. 89, s. 93. ion nee 94. Any contravention of any of the provisions of this Ordi- ofordiTanc- nance by any servant, agent or employee of a licensee shall bj^j?mpi°5'ee be presumed to be the act of such licensee but except in the case of prosecution under section 64 hereof such presumption may be rebutted by proof of explicit instructions to the con- trary by such licensee, and any such servant, agent or employee 401 35 Cap. 89 LIQUOR LICENSE contravening any of the provisions of this Ordinance and dis- obeying any such expUcit instructions shall be liable on sum- mary conviction to imprisonment for not less than ten days or more than three months without the option of a fine. CO., c. 89, s. 94. Occupant of premises liable Fsiluje to pest synopsis of Ordinance 95. Except as provided in the preceding section the occu- pant of any house, shop, room or other place in which any sale, barter or traffic of liquors, or any matter, act or thing in contravention of any of the provisions of this Ordinance has taken place shall be personally liable to the penalty prescribed for such offence, as the case may be, notwithstanding such sale, barter or traffic be made [or other matter, act or thing to be done] by some other person who cannot be proved to have so acted under or by the directions of such occupant; and proof of the fact of such sale, barter or traffic or other act, matter or thing by such person in the employ of such occupant or who is suffered to remain in or upon the premises of such occupant or to act in any way for such occupant shall be conclusive evidence that such sale, barter or traffic or other act, matter or thing took place with the authority and by the direction of such occupant. CO., c. 89, s. 95; 1901, c. 33, s. 14. 96. Every licensee failing to post up a synopsis of this Ordi- nance on being requested to do so by the inspector shall be guilty of an offence and on summaiy conviction thereof be liable to forfeit .'$25; such synopsis shall be printed in such languages as the board may direct. CO., c. 89, s. 96. POWERS OF INSPECTORS AND OFFICERS. Officers may enter and searcli premises Penalty for refusinjj; admittance to fjfficeis 97. Any police officer, policeman or constable or inspector of license shall for the purpose of preventing or detecting the violation of any of the provisions of this Ordinance which it is his duty to enforce, at any time have the right to enter into any and every part of any hotel or other place wherein refresh- ments or liquors are sold or reputed to be sold whether under license or not [or where he behevcs that liquors are kept for sale contrary to the provisions of this Ordinance] and to make searches in every part thereof and of the premises connected therewith as he may think necessary for the purpose aforesaid [and for such purpose may with such assistance as he deems expedient break open any door, lock or fastening of such pre- mises or any part thereof of any closet, cupboard, box or other receptacle which might contain liquor]. (2) Every person being therein or having charge thereof who refuses or fails to admit such police officer, policeman, constable or inspector demanding to enter in pursuance of this section in the execution of his duty or who obstructs or attempts to obstruct the entry of such police officer, policeman, con- stable or inspector or any such searchers as aforesaid shall 402 LIQUOR LICENSE Cap. 89 36 be guilty of an offence and on summary conviction thereof be liable to a fine of $50 and in default of payment forthwith after conviction to one month's imprisonment in addition to any other punishment in such case provided. CO., c. 89, s. 97; 1900, c. 32, s. 14; 1901, c. 33, s. 15. 98. Any justice if satisfied by information on the oath of search warrant any police officer, policeman, constable or inspector that there is reasonable ground for belief that any spirituous or fermented Uquor is being kept for sale or disposal contrary to the provisions of this Ordinance in any unlicensed house or place within his jurisdiction may in his discretion grant a warrant under his hand by virtue whereof it shall be lawful for the person named in such warrant at any time or times within ten days from the date thereof to enter if need be by force the place named in the warrant and every part thereof and of the premises con- nected therewith and to examine the same and search for liquor therein and for such purpose such person may if necessary with such assistance as he deems expedient break open any door, lock or fastenings of such premises or any part thereof or of any closet, cupboard, box or other article suspected to contain any such liquor; and in the event of any liquor being so found unlawfully kept on the said premises the occupant thereof shall until the contrary is proved be deemed to have kept such liquor for the purposes of sale contrary to the pro- visions of section 81 of this Ordinance and may be arrested by such officer or person having the warrant for search as aforesaid. (2) When any inspector, pohceman, constable or officer in f^^^Yg'jf^ ™^f making or attempting to make any search under or in pursu- iii™j;^''d ance of the authority conferred by section 97 of this Ordinance or under the warrant mentioned in this section finds in an unlicensed house or place any liquor which in his opinion is unlawfully kept for sale or disposal contrary to this Ordinance he may forthwith seize and remove the same and the vessels in which the same is kept and upon the conviction of the occu- pant of such house or place or any other person for keeping liquor for sale in such house or place without license the justice making such conviction may in and by the said conviction or by a separate and subsequent order declare the said liquor and vessels or any part thereof to be forfeited to Her Majesty to be sold or otherwise disposed of as the Attorney General may direct; and the proceeds of any such sale shall be forth- with transmitted to the Territorial Treasurer to form part of the general revenue fund. [(3) AYhere an inspector, policeman, constable or officer ?°Y|J^°f finds hquor in transit or in course of delivery upon the premises etc:, reijai'ding of any railway company, or at any wharf, railway station, transit "^ express office, warehouse or other place and beheves that such 403 •A7 Cap. 89 LIQUOR LICENSE Tower of aeareh Procedure rCKardinpc liquor seized in transit Summons, when returnable Adjudication Disposition of liciuor Mav be sold to licensee liquor is to be sold or kept for sale in contravention of this Act, he may forthwith without warrant seize and remove the same. (4) Any inspector, policeman, constable or officer if he believes that hquor intended for sale or to be kept for sale in violation of this Act is contained in any vehicle on a public highway or elsewhere or is concealed upon the lands of any person shall have power without warrant to search for such liquor wherever he may suspect it to be and if need l^e Ijy force and may search the person himself and may seize and remove any liquor found and the vessels in which the same is kept (5) AVhere liquor has been seized under subsections (3) or (4) hereof, the person seizing the same shall lay an information under oath before a justice of the peace, who shall thereupon issue his summons directed to the consignee or owner of the liquor, calling upon him to appear at a time and place named in the summons and show cause why such liquor should not be dealt with as provided by subsection (2) hereof. (6) It shall be sufficient service of the summons if the same is served personally or left with some person apparently over sixteen years of age at the residence of such consignee or owner. (7) The summons shall be made returnable within thirty days after the service thereof. (8) At the time and place named in the summons any person who claims that the liquor is his property and that same is not intended to be sold or kept for sale in violation of this Act may appear and give evidence before the justice and the justice shall receive such evidence and the evidence of the person who seized the li()Uor and such other evidence as may be adduced in the same manner as upon a complaint or infor- mation made under this Act. (9) If no person claims to be the owner of the liquor or if the magistrate disallows a claim and finds that it was intended that such liquor was to be sold or kept for sale in contravention of any of the provisions of this Act he may order that such liciuor and any vessels containing the same shall be forfeited to His Majesty to be sold or otherwise dealt with in such manner as the Attorney General may direct. (10) The liquor so seized may under the direction of the Attorney General be sold to any hotel or wholesale licensee and the proceeds after paymicnt of any lawful costs of carriage and the expenses of such seizure and sale shall forthwith be transmitted to the Attorney General.] CO., c. 89, s. 98; 1907- c. 9, s. 2(i; 1910 (2nd Session), c. 2, s. 8. 99. Police officers, policemen and constables shall have full uthority to enf( CO., c. 89, s. 99 Authority ot pCii'emfn^Lnd authority to enforce any of the provisions of this Ordinance. constables 404 LIQUOR LICENSE Cap. 89 38 PROSECUTIONS. 100. Prosecutions for offences created by this Ordinance t;™ for shall be instituted within six months after the commission of '"■°'"™''°"' the alleged offence. CO., c. 89, s. 100. 101. The description of any offence under this Ordinance Description • 1 of oil Gil CCS m the words of this Ordinance or in words of like effect shall be sufficient in law; and any exception, exemption, provision, excuse or qualification, whether it does or does not accompany the description of the offence in this Ordinance, may be proved by the defendant, but need not be specified or negatived in 1^3^^^^;,,;^^ in'ormation; but if it be so specified or negatived no proof in <=-^emptions relation to the matter so specified or negatived shall be recjuired on the part of the informant or complainant. CO., c. 89, s. 101. 103. Several charges of contravention of this Ordinance com- several^ mitted by the same person may be included in one and the charged in • f. ,• i', -ii;i; I'c one complaint. same uiformation or complaint; provided that such informa- tion and complaint and the summons issued thereon contains specifically the time and place of each contravention. CO., c. 89, s. 102. 103. In describing the offences respecting the sale or other Describing disposal of liquor or the keeping or the consumption of liquor information, in any information, summons, conviction, warrant or proceed- "^"^ ing under this Ordinance it shall be sufficient to state the sale, disposal, keeping or consumption of liquor simply without stating the name or kind of such liquor or the price thereof or the name of any person to whom it was sold or disposed of or by whom it was consumed; and it shall not be necessary to state the quantity of liquor so sold, disposed of, kept or con- sumed except in the case of offences where the quantitj^ is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity as the case may require. CO., c. 89, s. 103. 104. The forms set forth in schedule 2 to this Ordinance, ■'^°™'* or any forms to the like effect, shall be sufficient in the cases thereby respectively provided for; and when no forms are pre- scribed by the said schedule they may be framed in accortlance with part LVIII of The Criminal Code 1892. CO., c. 89, s. 104. 105. The proceedings upon informations for an offence i'™<:<=«d'"«? r" o^ ^ Jr' ^ ^ _ Avliere previous against any of the provisions of this Ordinance, m a case where conviction a previous conviction is charged, shall be as follows: 1. The justice shall in the first instance inquire concerning ^^'^/|^J°^\ such subsequent offence only, and if the accused be fountl ^JflJ™,,*^ ^^ guilty thereof he shall then and not before be asked whether he was so previously convicted as alleged in the information 405 39 Cap. 89 LIQUOR LICENSE Proof of IJrevious conviction and if he answers that he was so previously convicted he shall be sentenced accordingly; but if he denies that he was so pre- viously convicted or does not answer such question, the justice shall then inquire concerning such previous conviction or con- victions; [2. Such previous conviction may be proved prima facie by the production of a certificate purporting to be under the hand of a convicting justice or the clerk of the court to whose office the conviction has been returned or the Attorney General with- out proof of signature or official character and without proof of identity of the person charged with the person named in such certificate] ; Subsequent 3, jn the cvcut of any conviction for any second or subse- conviction if . '^ . - , ^ . p , former quashed quent oflencc bccommg void or defective after the making amended thcrcof by rcason of any previous conviction being set aside, quashed or otherwise rendered void the justice by whom such second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named and shall thereupon upon proof of the due service of such sum- mons if such person fails to appear, or on his appearance, amend such second or subsequent conviction and adjudge such penalty or punishment as might have been adjudged had such previous conviction never existed; and such amended conviction shall thereupon be held valid to all intents and purposes, as if it had been made in the first instance; Convictions under s. 92 4. In case any person who has been convicted of a contra- vention of any provision of any of the sections of this Ordi- nance mentioned in section 92 hereof is afterwards convicted of an offence against any provision of any of the said sections such conviction shall be deemed a conviction for a second offence within the meaning of the said section and shall be dealt with and punished accordingly although the two convictions may have been under different sections. CO., c. 89, s. 105: 1903 (1st Session), c. 26, s. 14. Conviction for 106. Convictious for several offences mav be made under this Ordinance although such offences may have been com- mitted on the same day; but the increased penalty or punish- ment hereinbefore imposed shall only be incurred or awarded in the case of offences committed on different da}fs and after information laid for a first offence. CO., c. 89, s. 106. Commissioner or inspector not to act as J.P., etc. 107. No member of the board of license commissioners or inspector of licenses who is a justice shall try and adjudicate upon any complaint for an infraction of any of the provisions of this Ordinance committed within the Territorial limits for which he is commissioner or inspector. CO., c. 89, s. 107. 40() LIQUOR LICENSE Cap. 89 40 108. Whenever a licensee is convicted of any offence aeainst Record of ■t . . f ^ • r^ f c 1 1 conviction to the provisions oi this Ordinance a record thereof shall be endorsed be endorsed on the license of the person convicted and the following pro-™ "'™*"' visions shall have effect, that is to say: 1. The justice before whom any licensed person is accused P™.<^"<^t^°'^ t, 11 • 1 111' 1 • 1 of license shall require such person to produce and deliver to him the license under which such person carries on business and the summons shall state that such production will be required, [and refusal or neglect by the licensee to produce such hcense when required shall be treated as a refusal by a witness to produce a document when required so to do and punished accordingly] ; 2. If such person is convicted the justice convicting shall cause Endorsement the short particulars of such conviction and the penalty imposed to be endorsed on his license before it is returned to the offender ; and such record shall be prima facie evidence of such conviction where such is subsequently required; [3. All justices shall notify the Attorney General in writing J^p*',!;.'^^ '^''"'" of any convictions they have made, and the Attorney General ™ttonj'i°" *° shall enter the particulars respecting such conviction or such General of them as the case may require in the register of licenses kept by him under this Ordinance, and in case the conviction is against a licensee shall endorse the same upon any hcense bJOTdor^sed '"^ which may subsequently be issued to the person so convicted] ; °" ^^"""^^ 4. ^Yhere the conviction of any such person has the effect >Jh®''j^^5J^^* of causing the forfeiture of the license of or disqualifying any Attorney person for the purposes of this Ordinance the license shall be notified forwarded by the justice with notice of such forfeiture or dis- quahfication to the [Attorney General]. CO., c. 89, s. 108; 1900, c. 32, ss. 1 and 15; 1907, c. 9, s. 27. 109. The justice on any conviction of a Ucensee for an offence convkdon °^ against this Ordinance shall send forthwith to the [Attorney General] a certificate of such conviction. CO., c. 89, s. 109; 1900, c. 32. s. 1. 110. For the additional duties imposed by the two wext cost^s^aUowed preceding sections the justice shall be entitled to charge as costs in the proceedings the following sums: 1. For making up and forwarding certificate of conviction to the [Attorney General] the sum of fifty cents; 2. For recording the conviction on the license the sum of fifty cents. CO., c. 89, s. 110; 1900, c. 32, s. 1. 111. When not otherwise provided a third conviction of aTnM^^.^^ licensee for violation or contravention of the provisions of l^orjf^tsjicense this Ordinance shall ipso facto operate as a forfeiture of his qualifies license and disqualify the person convicted from obtaining a license for three years thereafter. G 0., c. 89, s. 111. 407 41 Cap. 89 LIQUOR LICENSE EVIDENCE, ETC. Certificate cf Attorney Genera! Onus on defendant to prove license 113. In any prosecution or proceeding under this Ordinance in which proof is required respecting any hcense or interdiction, a certificate purporting to be under the hand of the [Attorney General] shall be prima facie proof of the existence of such license or interdiction and of the identity of the person to whom the license was granted or transferred, or against whom the [interdiction] was made; and the production of such certificate shall be sufficient prima facie evidence of the facts therein stated and of the authority of the [Attorney General] without any proof of his appointment or signature. [2. In any prosecution under this Ordinance wherever it appears that the defendant has done any act or been guilty of any omission in respect of which, were he not duly licensed, he would be liable to some penalty under this Ordinance, it shall be incumbent upon the defendant to prove that he is duly licensed and that he did the said act lawfully.] CO., c. 89, s. 112; 1900, c. 32, s. 1; 1904, c. 14, s. 4; 1907, c. 9, s. 28. Proof of rs rulations 113. Any regulation made by the board shall be sufficiently authenticated by being signed by them and a copy of such regulation written or printed and certified to be a true copy by them or one of them shall be deemed authentic and be received as prima facie evidence in any court of justice without proof of the signature or signatures unless it is specially pleaded or alleged that the signature or signatures to any such original resolution have been forged and evidence of such forgery has been adduced by the person accused sufficient in the opinion of the court to make the proving of the signature or signatures advisable. CO., c. 89, s. 113. Appliances of liquor trade evidence Appliances 114. Any house, shop, room or other place in which it is proved that there exists a bar, counter, beer pumps, kegs, jars, decanters, tumblers, glasses or any other appliances or prepar- ations similar to those usually found in hotels and shops where liquors are accustomed to be sold or trafficked in shall be deemed to be a place in which liquors are kept or had for the purpose of being sold, bartered or traded in, in contravention of section 81 of this Ordinance unless the contrary is proved by the defend- ant in any prosecution; and the occupant of such house, shop, room or other place shall be taken to be the person who has or keeps therein such liquors for sale, traffic or barter therein. CO., c. 89, s. 114. Proof of contravention 115. In proving the sale or disposal, gratuitous or other- wise, or consumption of liquor, for the purposes of any pro- ceecUng relative to any offence under this Ordinance it shall not be necessary to show that any money actually passed or any liquor was actually consumed, if the justice or justices hearing the case is or are satisfied that a transaction in the 408 LIQUOR LICENSE Cap. 89 42 nature of a sale or other disposal actually took place or that any consumption of liquor was about to take place; and proof of consumption or intended consumption of liquor on premises in respect to \Yhich a license is required under this Ordinance by some person other than the occupier of the premises shall be evidence that such liquor was sold to the person consuming or being about to consume or carrying away the same as against the occupant of the said premises. [(,2) Any person summoned as a party to or as a witness in ^tc!'?o be""'^''' any proceeding under this Ordinance may by the summons ''™'^"'''^'^ be required to produce at the time and place appointed for his attendance all books and any papers, accounts, deeds and other documents in his possession, custody or control, relating to any matter connected with the said proceeding, and shall be liable to the same penalty for nonproduction of such books, papers or documents as he would incur by refusal or neglect to attend pursuant to such summons, or to be sworn, or to answer any question touching the same. (3) Save as in this Ordinance otherwise provided, in any fo™.?umption prosecution for a violation of any of the provisions of this °Jj,'J^™/J" ' Ordinance, with respect to the sale or barter of liquor of any y^mises conclusive kind without the license by law required, proof of the con- evidence sumption or intended consumption of liquor upon premises where such liquor is alleged to be bartered or sold shall be conclusive evidence of such offence: Provided, however, that the consumption of liquor by any?|™J\^^ person in actual attendance at any bona fide banquet held in fp^jf^^jj^^f^ any unlicensed eating house or restaurant shall not be deemed bona fide to be an offence if the occupant of such eating house or restaurant has obtained the written permission of the Attorney General for such purpose; and provided further that such permission shall not entitle the occupant of such eating house or restaurant to make any transaction in the nature of a sale of the liquor consumed upon such premises at such banquet, and any such transaction in the nature of a sale of liquor by the occupant of any such eating house or restaurant shall subject such occu- pant to the same penalties as he would have been subject to had he not obtained such permission.] CO., c. 89, s. 115; 1907, c. 9, s. 29. 116. In any prosecution under this Ordinance for the sale Precise or other disposal of liciuor without the license required by laWofUquoJ™ it shall not be necessary that any witness should depose directly """^^^^s^^ry to the precise description of the liquor sold or bartered or the precise consideration therefor. CO., c. 89, s. 116. 117. The fact of any person not being a licensee keeping up what prima any sign, writing, painting or other mark in or near to hisoTsair' ''"''*' house or premises or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that such house or premises is or are licensed 409 43 Cap. 89 LIQUOR LICEXSf for the sale of any liquor or that liquor is sold or served therein or that there is on such premises more liquor than is reason- ably required for the persons residing therein shall be deemed prima facie evidence of the unlawful sale of hcjuor by such person. CO., c. 89, s. 117. Proof of licenses 118. The production of a license which on its face purports to be duly issued and which were it duly issued would be a lawful authority to the defendant for such an act of omission shall be prima facie evidence that the defendant is so authorized and in all cases the signature to and upon any instrument purporting to be a valid license shall prima facie be taken to be genuine. [(2) In any prosecution under said Ordinance, or amend- ments thereto, the production by the inspector or any other officer (as defined by The Criminal Code) of a certificate signed or purporting to be signed by the provincial analyst as to the analysis of any liciuor shall be conclusive evidence of the facts stated in such certificate and of the authority of the provincial analvst, without anv proof of his appointment or signature.] CO.", c. 89, s. 118; 1910 (2n(l Session), c. 2, s. 8. ^f'^nf'ol-?^"' [118a. In any prosecution for the violation of any of the mation provisions of the said Ordinance in the event of any variance between the information and the evidence adduced in support thereof the justice or justices hearing the case may amend such information and may substitute for the offence charged thei'ein any other offence against the provisions of said Ordi- nance, but if it appears that the person charged has been materi- ally misled by such ^'ariance he shall be granted an adjournment of the hearing if he applies therefor.] s. 18. 1903 (1st Session), c. 2(), New section substituted N(j appeal from con- viction, except in certain cases Appeal to Distiict Court by licensee [1185. In all cases of prosecution for any offence against any provisions of this Ordinance for which any penalty or punishment is prescribed, a conviction or order of the justice, justices or police magistrates, as the case may be, except as hereinafter mentioned, shall be final and conclusive and except as hereinafter mentioned, against such conviction or order there ghall be no appeal. (2) Subject to the provisions contained in the following sub- sections hereof, an appeal shall lie to the judge of the District Court of the district in which the conviction is made, without a jury in all cases where the person convicted is a licensee or the conviction is for any offence committed on or with respect to premises licensed under this Ordinance, provided a notice of such appeal is given to the prosecutor or complainant within fiA'e days after the date of the said conviction. 410 LIQUOR LICENSE Cap. 89 44 (3) The person convicted, in case he is in custody, shall pon™*«d • - - ----- ^ ' licensee to give recognizance either remain in custody until the hearing of such appeal before remTin^in' the said judge, or (where the penalty of imprisonment with may""^-^ ""^ or without hard labour is adjudged) shall enter into a recogniz- ance with two sufficient sureties, in the sum of $200 each, before the convicting justice, justices or pohce magistrates, conditioned personally to appear before the said judge, ancl to try such appeal and abide his judgment thereupon, and to pay such costs as he may order ; and in case the appeal is against a conviction whereby only a penalty or sum of money is adjudged to be paid, the appellant may (although the order directs im- prisonment in default of payment) instead of remaining in custod}' as aforesaid, give such recognizance as aforesaid or may deposit, with the said justice, justices or police magistrates convicting, the amount of the penalty and costs, and a further sum of S25 to answer the respondent's costs of appeal. (4) I pon such recognizance being given or deposit made to Sogni^ance said justice, justices or police magistrates shall liberate such J^,^'3|p|V;f " persons, if in custody, and shall forthwith deliver or transmit j^^^^e person by registered letter postpaid, the depositions and papers in the liberated case, with the recognizance or deposit, as the case may be, to the clerk of the District Court of the district wherein such conviction was held, or to such other person as may under the provisions of any law, order, rule or regulation be exercising the functions of clerk of the District Court. (5) The appellant shall pay to such clerk for his attend- ^^pp^^.'^^^^ ^"^^.i. ance and sei-vices in connection with such appeal the sum f"'' attendance of SI, and the same may be taxed as costs in the cause. (6) An appeal shall lie to the judge of the District Court of DisMrt court the district in which an order of dismissal is made, without f™'"."'''^,^'' °f ' dismissal a jury, where the Attorney General of the provmce so du'ects, in all cases in which an order has been made by a justice or justices dismissing an information or complaint laid by an inspector or any one on his behalf, for contravention of any of the provisions of this Ordinance provided notice of such appeal is given to the defendant or his solicitor within fifteen days after the date of such order of dismissal. (7) Within ten clays after service of the notice of appeal ^e^nns^of^ the judge shall grant a summons calling upon the defendant orfer of ancl the justice or justices making the order to show cause why the order of dismissal should not be reversed and the case reheard. Upon the return of the summons the judge upon hearing the parties, may either affirm or quash the order, or if he thinks fit may hear the evidence of such other wit- nesses as may be produced before him, or the further evidence of any witnesses already examined, or may make an order affirming the order of dismissal, or may reverse such order and convict the defendant ancl may impose such fine and costs or other penalty as is provided by this Ordinance, and the order 411 45 Cap. 89 LIQUOR LICEXSE Part L^•^II of Ciirainal Code to govern appeals No conviction to be removed by certiorari No writ of certiorari to i.ssue unless affidavit made Appeal b}' inspector to Supreme Court en banc for order quashing conviction by District Court SO made shall have the same effect and shall be enfoiced in the same manner as is provided in the case of convictions before magistrates under this Ordinance. (8) The practice and procedure upon such appeals and all the proceedings thereon, shall thenceforth be governed l^y the provisions of part LVIII of The Criminal Code so far as the same is not inconsistent with this Act: Provided no such conviction or order as aforesaid shall be removed by certiorari except upon the ground that an appeal to the court to which an appeal is by law provided would not afford an adequate remedy; And provided further that no writ of certiorari shall issue for the purpose of quashing any conviction for any violation or contravention of any of the provisions of this Ordinance unless the party applying therefor shall produce to the judge to whom the application is made an affidavit that he did not by himself or by his agent, servant or employee, or any other person with his knowledge or consent commit the offence charged in the information; and such affidavit shall negative the charge in the terms used in the information; and shall further negative the commission of the offence by the agent, sei'vant or employee of the accused, or any other person with his knowledge. (9) An appeal by an inspector, or other prosecutor, shall lie to the Supreme Court of Alberta en banc from the decision, judgment or order of any judge of a District Court upon an appeal from any conviction or order made in a case arising out of or under this Ordinance in which conviction or order has been quashed or set aside upon the ground directly or indirectly of the invalidity of any Ordinance, or of any Act or Acts of the Legislature of this province, or of any part thereof or from the decision, judgment or order of the judge of a Dis- trict Court in any other case arising out of or under this Ordi- nance, in which the Attorney General of the province certifies that he is of the opinion that the matters in dispute are of sufficient importance to justify an appeal; such appeal shall be had upon notice thereof to be given to the opposite party of his intention to appeal within eight days or where the certi- ficate of the Attorney General is necessary and is obtained within fifteen days after such judgment, decision, or order has been made, and in the case of such appeal, the clerk of the District Court or such other person as may under the pro- visions of any law, order, rule or regulation be exercising the functions of clerk of the District Court shall certify the judgment, convictions, orders antl all other proceedings, to the registrar of the Supreme Court of Alberta for use upon the appeal. The said court shaU thereupon hear and determine the said appeal, and shall make such order for carrying into effect the judgment of the court as the court shall think fit. No appeal unless affidavili (10) No appeal shall lie by any person convicted of an offence .made^negativ- uudcr the provisious of thls Aet unless the party appealing LIQUOR LICENSE Cap. 89 40 shall within the time limited for giving notice of such appeal make an affidavit before the justice, or one of the justices or police magistrates, who tried the cause, that he did not by himself or by his agent, servant or employee nor did any other person with his knowledge or consent, commit the offence charged in the information; and such affidavit shall negative the charge in the terms used in the information; and shall further negative the commission of the offence by the agent, servant or employee of the accused or any other person with his knowledge or consent; which affidavit shall be transmitted with the conviction to the court to which the appeal is given. (11) Any justice making a conviction for any violation or J^" g""^™*;™ contravention of any of the provisions of this Ordinance shall mitted by '' . . ^ . , justice until not transmit the conviction to the court to which an appeal affidavit is gi^'en unless and until the affidavit required by this section has been made and deposited with him; and unless such affi- davit shall be made and deposited with such justice within the time limited by this section any notice of appeal or other proceedings respecting appeal which may be given or taken shall be absolutely null and void and of no effect whatever; and the justice shall proceed in respect of such conviction as if no such notice of appeal had been given or proceeding taken. (12) Upon notice being given of appeal from a conviction ^^*^°™^^y for an infraction of this OrcUnance, a consequence of which ^PPi.v.to conviction is a forfeiture of the license of the person convicted, hearing of and upon the affidavit required by this section being made'"""''' and deposited as provided, the Attorney General may apply to the court to which such appeal is made to expedite the hear- ing of the said appeal and to fix the time and place for such hearing; and the court shall thereupon fix such time and place for the disposal of the said appeal as to it may seem proper.] 1900, c. 32, s. 22; 1901, c. 33, s. 21; 1907, c. 9, s. 30. COSTS TO INSPECTORS. 119. In any prosecution under this Ordinance if an inspec- costs^aUowe.1 tor attends the court as prosecutor or witness it shah be law- attending ful for the justice trying the. case to order the defendant in prosecutor case of a conviction to pay to the inspector the foUowing costs : °'' ™*"<'"=' (a) In case he travels by railway or stage the fares actu- aUy to be paid by him; (b) If he travels by hired conveyance the sums actually required to be paid by him for conveyance, stabling and feed ; (c) If he travels in his own conveyance, ten cents per mile each way; (d) To cover all other expenses, $2 per day actually occu- pied in going to, attending at and returning from the trial ; 413 47 Cap. 89 LIQUOR LICENSE (e) In cases of adjournment at the instance of the defend- ant similar additional allowances to be made when the inspector is actually in attendance. (2) The foregoing expenses shall be verified by the oath of the inspector. (3) In case the person convicted does not pay such costs but is committed to gaol in default of payment the inspector shall be entitled to be paid the amount out of the general revenue fund. (i) In case of prosecution by inspectors when no convic- tion is procured, upon the written certificate of the justice tiy- ing a case that there were reasonable grounds for the prosecu- tion the inspector shall be entitled to be paid the said costs out of the general revenue fund. (5) [Subsections (3) and (4) of] this section shall not apply to any inspector who receives salary in lieu of all other charges and expenses. ('.0., c. 89, s. 119; 1901, c. 33, s. Ki. INTERDICTION. Interdiction for intemper- ance, procedure Notice of interdiction to be given to licensees Penalty for supplying liquor to interdicted person 120. When complaint has been made to a justice that any person by excessive drinking of liquor misspends, wastes, or lessens his estate or greatly injures his health or endangers or interrupts the peace and happiness of his family, the said justice shall institute proceedings under part L\'III of The Criminal Code 1892 against such person and on finding the complaint well founded shall by order in form J appended hereto, forbid everA' licensed person in the Territories to sell him liquor for the space of [two years]. CO., c. 89, s. 120; 1900, c. 32, s. 16. 121. Immediately after granting the order provided for in the next preceding section the justice making the same shall transmit it together with the complaint and any cA-idence taken thereon before him to the [Attorney General] who there- upon shall transmit by registered post or deliver a notice in form K appended hereto to all lictnisees [and clubs incorporated by special Ordinance of the North-West Territories, or by special Act of the Province of Alberta], whose premises are in the locality where such interdicted person lives. (2) Whenever the sale of liquor to any such drunkard shaP have been so prohibited any person with a knowledge of such prohibition who gives, sells, purchases or procures any licjuor [to], for or on behalf of such prohibited person or for his or her use [during the period of such prohibition], shall be guilty of an offence and upon summary conviction thereof shall be liable for every such offence to a penalty not less than s,50 nor more than S200 and, in default of payment forthwith after conviction, to not less than two months' nor more than twelve months' imprisonment, and if a licensee his license shall be forfeited. CO., c. 89, s. 121; 1900, c. 2, s. 17; 1907, c. 9, s. 31. 414 LIQUOR LICENSE Cap. 89 48 133. The following persons, viz.: Ceitain ^ ^ ' persons may (a) An)' husband or wife whose wife or husband has con- r^^i!^^!;',^^^^. tracted the habit of drinkino; intoxicating liquors to ?<> e'^;? . ^ o 1 interdiction excess; notice (5) The person himself or the father, mother, brother, sister curator, guardian [or child of twenty-one years or upwards] or employer of any person who has con- tracted the habit of drinking intoxicating liquors to excess ; (c) The manager or person in charge of an asylum or hospital or other charitable institution in which any person who has contracted the habit of drinking intoxicating liquors to excess resides or is kept; (d) The curator or committee of any lunatic ; or ie) The father, mother, brother or sister of the husband or wife of any person who has contracted the habit of drinking intoxicating liquors to excess; may require [an inspector to give notice in writing in form L in schedule 1 of this Ordinance signed by him to all licensees [and clubs incorporated by special Ordinance of the North-West Territories or by special Act of the Province of Alberta] whose premises are in the locality where such drunkard or lunatic resides not to sell, give or deliver or suffer to be sold, given or delivered to such drunkard or lunatic any intoxicating liquor for the period of one year from the date of such notice, and such inspector shall thereupon give such notices and shall for- ward to the person interdicted a notice in form i\I in schedule 1 of this Ordinance and shall at the same time forward to the Attorne}' General a duplicate of such last named notice]. (2) In any prosecution or proceedings under this and the ^f^^™'J'jYct°ed next preceding section no interdicted person required to be person as examined as a witness shall be excused from being so examined or from answering any question put to him touching the sale or delivery to him of any liquor on the ground that his evidence will tend to criminate himself ; and any such person so required to be examined as a witness who refuses to make oath accord- ingly or to answer any such question shall be subject to be dealt with in all respects as any person appearing as a witness before any justice or court and refusing without lawful cause or excuse to be sworn or give evidence may by law be dealt with; and every person so required to be examined as a witness who upon such examination makes true disclosures to the best of his knowledge of all things as to which he is examined shall receive from the justice before whom such proceeding is had a certificate in writing to that effect and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for anything done before that time under the provisions of section 123 of this Ordinance in respect of the matters regarding which he has been examined; and any prosecution or proceeding pending or brought against such 415 49 Cap. 89 LIQUOR LICEXSE Penalt\' for supplying liquor to interdicted person Interdicted person obtaining liquor Penaltj Interdicted person not to be found in bar room or wholesale store witness under the provisions of section 123 hereof in respect of any matter regarding which he has been so examined shall be stayed upon the production and proof of such certificate if the said certificate states that such witness made a true dis- closure in respect to all things as to which he was examined. (3) AYhenever the sale o liquor to any such drunkard shall have been so prohibited any person with a knowledge of such prohibition who gives, sells, purchases or procures [to], for, or on behalf of such prohibited person or for his or her use any liquor [during the period of such prohibition] shall be guilty of an offence and upon summary conviction thereof be liable to incur for every such offence a penalty not less than S50 nor more than .'5200 antl in default of paj-raent forthwith after conviction to not less than two months' nor more than tweh'e months' imprisonment and if a licensee his license shall be for- feited. CO., c. 89, s. 122; 1900, c. 32, s. 19 (1); 1901, c. 33, s. 17; 1904, c. 14, s. 5; 1907, c. 9, ss. 32 and 33. 123. Any person to whom the sale of liquor has been pro- hibited under this Ordinance who either directly or indirectly in any way procures or permits the sale, disposal, gift or deliv- ery to him by any person of any intoxicating liquor shall be liable on summary conviction thereof to a fine of not more than .S50 and in default of payment forthwith after conviction to imprisonment for not more than one month; in any prosecu- tion under this section if intoxication on the part of the defend- ant be proved he shall be held to have been guilty of an offence and in any such case it shall not be necessai-y in any proceedings to state the name of the person from whom the liquor has been procured or b}- whom Th(_' sale, disposal, gift or delivery of licjuor has been made. [(2) Any interdicted person who frequents or is found in the bar room of any licensed hotel or on premises for which a wholesale license has been granted shall be guilty of an offence against this Ordinance and on being so found in any such bar room or premises for which a wholesale license has been granted may be arrested, and on summary conviction shall be liab'e to a fine of not more than 850 and in default of payment forth- with after conviction to imprisonmicnt for not more than one month.] CO., c. 89, s. 123; 1907, e. 9, s. 34. OFTIOX CLAUSES. Local option 124. No license shall be granted by the board for the sale of liquors within the limits of a license district when it shall have been made to appear to the board in manner hereinafter ]:)roA'ided that a majority of three-fifths of the duly qualified electors therein, who have voted at a poll taken as hereinafter specified, have declared themselves to be in favour of a pro- hibition of the sale of intoxicating liquors in their district and against the issue of licenses therefor. 416 LIQUOR LICENSE Cap. 89 50 (2) "When a requisition is presented, accompanied by the fo'^rtakln bv sum of $100 to defray the expenses of the poll hereinafter member ot specified, to any member of the board from a number of the electors of any district (estimated as near as may be at at least one-fifth of the total number of electors of the district, the basis of such estimate being the number of electors who voted at the last election of a member of the Legislative Assem- bly), requiring a vote to be taken as to whether or not such license shall issue or be granted therein, it shall be the duty of such member upon the receipt of such requisition and the said sum of $100, to scrutinize the names of the electors attached to such requisition, and being satisfied that the names so at- ^^^^^^^/^^f^™ °^ tached are those duly qualified electors within the district, and after the person or persons who have witnessed the signatures to the said requisition shall have sworn before a justice or a notary public — (a) That he, the said witness, or they, the said witnesses, were present and saw the said electors sign the said requisition ; {b) That the said electors signed the said requisition within thirty days of the date of such affidavit; and (c) That the signers constitute one-fifth of the electors of said district (estimated as above); to command the taking of a poll of the said electors to ascer- tain whether or not such licenses shall be gi-anted; and tht' member of the board to whom the reciuisition has been pre- sented shall by an order inserted in any newspaper published in the cUstrict, or if there be no newspaper published in such district, in the newspaper whose place of publication is near- est to the said district — Firstly, appoint one of the inspectors for the district o^'o^^"™"^ other person to act as returning officer; and Secondly, fix the places and day at and in which the poll shall be taken; the places so fixed for the taking of the poll shall be as many in number and in such parts of the district as shall be suf- ficient in the opinion of the returning officer to record a lull vote of the electors of the district; the returning officer shall thereupon give pubUc notice of the taking of such poll in all the newspapers if any published within the district, the pub- lication to be continued in at least one number of each of such papers each week for three successive weeks, and also by post- ing up such notices or copies of the same at the post offices within such district; such poll shall be held in the month of October or November next ensuing on such day as shall be most convenient and not less than four weeks and not more than se^■en wrecks from the date of the first publication of such ^^,^^^ ^^^^ ^^ notice, the said poll to be taken between the hours of ninebetllm a.m. and five p.m. of the day so appointed. 417 51 Cap. 89 LIQUOR LICENSE Powers of returning officer Deputy returning officer and clerks Deputy returning officer nray administer oath (3) For the purpose of taking the poll the returning officer shall have all the powers for the preservation of the peace which are by law vested in the returning officer at any elec- tion of a member of the House of Commons of Canada and shall have all the powers of appointing and swearing con- stables. (4) The returning officer shall appoint a deputy returning officer for each polling division comprised in the license dis- trict and shall furnish each deputy returning officer with all the necessary appartus for taking such poll; the returning officer, the deputy returning officers and the clerks whom he shall employ shall subscribe and take the oath for the due and proper performance of the duties of their respective offices according to the forms mutatis mutandis prescribed in schedule Q of the Act of the Parliament of Canada which may be cited as The Dominion Elections Act, before the nearest resident justice or commissioner for taking affidavits and shall be subject to the same penalties for the neglect or the improper discharge of their respective duties as are imposed on similar officers in case of an election of a member for the House of Commons of Canada. (5) Every deputy returning officer shall administer to any elector if required either one or both of the following oaths: No. 1. Form of oatli You do swear that you are a male British subject; that you have attained the full age of twenty-one years; that you are not an unenfranchised Indian; and that you have resided in the North-West Territories for at least the twelve months and in this license district for at least the three months respect- ively immediately preceding this date. So help you God. No. 2. Form of oath You do swcar that you have not received any money or other reward nor have you accepted any promise made to you directly or indirectly to induce you to vote at this election and that you have not before voted at this election either at this or any other polling station. So help you God. pou°wheS^oath (6) When any person presents himself for the purpose of taicen voting the deputy returning officer shall cause the full name, occupation and place of residence of such person to be forth- with entered on the voters' list and before the vote of such person is polled shall if so requested by any qualified voter administer to him either or both of the above mentioned oaths; and the words "He has taken oath No. 1" {or, and) "oath No. 2" as the case may be, shall be written opposite the name of any person so sworn; and in case any person refuses to take such oath or oaths at such request he shall not be permitted 418 LIQUOR LICENSE Cap. 89 52 to vote and the words "refused to take oath No. 1" {or, and) "oath No. 2" as the case may be, shall be written opposite the name of any person so refusing. (7) The vote of the electors shall be taken by ballot in the f^^XIfting poii manner provided by the Canada Temperance Act and the several clauses thereof under the heading "The Poll," "Secretary," "Penalties," "Preservation of Peace," "General Provisions," "Prevention of Corrupt Practices," and "Penalties and Punish- ments Generally" shall be read and construed as a part of this Ordnance except where the same may be inconsistent with any of the provisions herein contained. (8) Immediately after the close of the poll the deputy-return- Ji™f ofpoli "" ing officer shall in the presence of the poll clerk if there be one and such of the electors (of whom there shall not be more than two) as may be present open the ballot box and proceed as follows : 1. He shall examine the ballot papers and reject all "those Examimng^^ on the back of which his initials are not found or on which anything appears by which the voter can be identified: 2. Take a note of any objection made by any elector present ^1,°^*^'^^^^^^^ to any ballot paper found in the ballot box and decide on any question arising out of the objection; 3. Number such objection and place a corresponding num- ^^Mmbermg ber on the back of the ballot paper with the word "allowed" or "disallowed" as the case may be with his initials; 4. Count the ayes and noes from the ballot papers not re- ^J^tement of jected and make a written statement of the number of votes n™ber of given for or against the granting of licenses respectively and of the number of ballot papers rejected and not counted by him which statement shall be then signed by him and such other persons authorized to be present as may desire to sign the same; 5. The deputy returning officer, shall then certify under his Certificate own hand in full words on the voters' list the total number of returning persons who have voted at the poUing place at which he is appointed and make up into separate packets — {a) The statement of votes given for or against the grant- ing of licenses respectively and of the rejected ballot papers ; (6) The used ballot papers which have not been objected to and which have been counted; (c) The ballot papers which have been objected to but which have been counted ; id) The rejected ballot papers; (e) The declined and cancelled ballot papers ; (/) The voters' list; which packets closed up and sealed with his own seal and with the seals of any persons present desiring to affix their seals 419 53 Cap. 89 liquor license thereto and marked on the outside with a memorandum desig- nating their respective contents shall by the deputy returning officer be transmitted forthwith to the returning officer. Peluu'of poii"^ (9) At the time and place fixed for declaring the result_ of the poll the returning officer shall open the packets containing the statement of votes given for or against the granting of licenses respectively and there publicly declare the result. rtc",°dispoliSon (10) As soon as possible after the result has been announced of ' the ballot boxes, packets and returns shall be deposited in the office of the board. °ro'"eediS^ '° ^^^^ Objections to any act or proceeding under this section must be made in writing and filed in the office of the board within eight days after the ballot boxes, packets and returns are deposited in the said office; such objections shall be con- sidered and adjudicated upon by the board at their next regular meeting; the decision of the board shall be final; and in the event of the objections being maintained and upon the payment of the sum of $100 by the objector or objectors they shall have the power to call another poll to be taken on the question whether or not licenses shall be granted; in the event, however, of the said sum of $100 not being paid the poll objected to, even if the objections are sustained, shall remain valid to all intents and purposes and have full force and effect as if no objections had been found. Detect of^^p™ (12) Nothing in this section shall be construed as permit- ting any of the proceedings had or papers filed or notices required therein to be vitiated or set aside by reason of any mere want or defect of form or any irregularity in the drawing up or execu- tion of the same. When decision (13) The dccision of the three-fifths of the electors against into force the granting of licenses as declared at the poll shall come into force in the then ensuing license year beginning on the first day of July and such prohibition shall continue in full force for such year and any future year until repealed; and each and all of the provisions of this section shall apply to the pro- ceedings to be taken in reference to such [repeal]. SteTake™*" (14) In case of any such vote being taken as provided in this section then no new vote other than that provided for in this section shall be taken for a period of three years there- after. de^rifmt^o^! (l^) '^^^ expenses for the taking of such vote over and general revenue above the sum of $100 provided to be paid under this section shall be defrayed out of the general revenue fund of the Terri- tories, such expenses to be certified to by the board for the district in which the vote has been taken; in the event, however, of the expenses of such vote being less than the $100 deposited as above, the balance thereof remaining after such expenses have been paid shall be returned to the parties depositing the same. 420 LIQUOR LICENSE Cap. 89 54 [(16) The Lieutenant Governor in Council may fix a tariff of fees to be allowed the returning officer and others whose services may be required in the taking of a vote under this section.] CO., c. 89, s. 124; 1907, c. 9, s. 35; 1909, c. 5, s. 3. PARTIAL REPEAL OF NORTH-WEST TERRITORIES ACT. 135. Sections 92 to 100 both inclusive of The iVori/i-Tf esi feotions^M to Territories Act, chapter 50 of The Revised Statutes of Canada -^c* repealed together with all amendments thereto in so far as they apply to the Territories comprising the several electoral divisions mentioned in the schedule to chapter 22 of the Act of the Par- Uament of Canada 54-55 Victoria intituled An Act to aynend the Acts respecting the North-West Territories are hereby repealed except as to all that portion of Alberta north of a line drawn Exception as follows: Commencing at the point of intersection of the western boundary of Alberta by the line between townships numbered fifty-seven and fifty-eight, thence east to the western boundary of range twenty-six west of the fourth meridian, thence north along the western boundary of the said range twenty-six to the line between townships numbered sixty-four and sixty-five and thence east along the said line to the eastern boundary of Alberta, and except as to townships 57 and 58 in ranges 9 and 10 west of the fourth meridian in the Dominion lands system of sui-vey; and it is declared that as to the said portions of the Territories the said sections of The North-West Territories Act remain in full force and effect: [Provided that the Lieutenant Governor may by proclama- ^^''^^/g^^'^JJ™ tion declare the provisions of the said sections 92 to 100 to e?«?^*^p™- be in force from a day to be mentioned in said proclamation in "i^Hses of any part of that portion of the Territories specified in this section and thereupon the provisions of the said sections 92 to 100 shall be deemed to be re-enacted from the day so men- tioned in respect of that part of the Territories specified in the said proclamation.] CO., c. 89, s. 125; 1903 (1st Session), c. 26, s. 15. [Provided that the Lieutenant Governor in Council may by proclamation declare that the said provisions of sections 92 to 100 shall no longer remain in force from and after a day to be mentioned in said proclamation in any portion of Alberta des- cribed therein, and from and after such date the said provisions of sections 92 to 100 shall be deemed to have been repealed in so far as the territory described in the said proclamation is concerned.] 1906, c. 70, s. 2. MEMBERS OF ASSEMBLY. 126. No member of the Legislative Assembly except he beMemte^^^.^^ a licensee shall be a party to any bond to be given under this Assembly Ordinance nor shall he be a party to any petition under this Ordinance. CO., c. 89, s. 126. 421 55 Cap. 89 LIQUOR LICENSE Use of false labels, etc., prohibited hqiors'* \-^^'^- Bottled liquors procured by the licensee of a licensed not to be mixed hotel for the purpose of supplying the same to customers or and bottles not guests shall be kept while on the licensed premises in the bottles ikensel " 'in which such liquors are delivered to such licensee and in no case shall any other liquor or any substance or liquid be put into any such bottle and no bottle after being emptied of such bottled liquor shall be refilled either partially or wholly by the licensee of such licensed premises or any other person on his behalf for the purpose of supplying liquor or any substance or liquid to any customer or guest. (2) No licensee shall use or permit to be used any sign or label upon any bottle, cask or other vessel in which liquor is kept for sale upon the licensed premises, which does not correctly and truly state the nature of the contents of such bottle, cask or other vessel, or which is in any manner cal- culated to mislead a customer or guest as to the nature, des- cription or quality of such contents. (3) No licensee or any other person shall for any purpose whatsoever mix or permit or cause to be mixed with any liquor sold or supplied by him on the licensed premises as a beverage any drug or any form of methylic alcohol or any crude, unrecti- fied or impure form of ethylic alcohol or other deleterious sub- stance or liquid. (4) Any person violating any of the foregoing provisions of this section shall be liable upon conviction for a first offence to a fine of not less than $20 and not more than $50 besides costs or to imprisonment for a period of three months, and upon conviction for a second offence to a fine of not less than $50 nor more than SlOO or to imprisonment for a period of six months, and upon conviction for a third offence to impris- onment for a period of twelve months. to'sie'that'iaw (5) Any luspcctor or any special officer appointed by the observed Attomey General may at any time take from the liquors kept by any licensee upon the licensed premises sufficient thereof for the purpose of analysis to ascertain whether or not any of the provisions of this section have been violated, and such special officer shall, if required before taking such liquor, produce the authority under which he acts in writing signed or pur- porting to be signed by the Attorney General.] 1907, c. 9, s. 36. Bartenders' Licenses. Mixture of drugs, etc., with liquor prohibited Penalties Bartender, meaning of Employment of unlicensed bartenders prohibited [128. The expression "bartender" as used in this section shall mean and include any person who sells or supplies liquor in the bar-room or other place from which liquor is dispensed to any person whomsoever, in or upon any premises in respect of which a hotel license has been issued under this Ordinance. (2) No licensee of a licensed hotel shall employ any bar- tender or permit any person to act as such in or upon his licensed 422 LIQUOR LICENSE Cap. 89 56 premises who is not during the whole time he is employed, or permitted so to act, the holder of a bartender's license, as provided by this section. (3) Any licensee who violates the preceding subsection "''^"''"y shall, for e^-ery day or portion of a day during which such violation continues, be liable to a penalty on summary con- viction of not less than $10 and not more than $20, and in default of payment forthwith after conviction to imprisonment for a period not exceeding one month. (4) Any person who acts as a bartender without first having ^^,^°f/g^. obtained a license as in this section provided shall be liable j^^^^^' °- to the same penalties as those prescribed in the case of a hcensee in the next preceding subsection mentioned, and in any pro- secution brought under this subsection the onus of proving that he holds a bartender's license shall rest upon the defendant. (5) Any person having obtained a bartender's license who Penalty foi- shall sell or deliver or cause to be sold or delivered any hquoriaw by licensed in contravention of any of the provisions of this Ordinance to any person whomsoever shall be liable to a penalty not exceeding $50, and in default of payment forthwith after con- viction to imprisonment for one month. (6) In addition to any other penalty which may be imposed iiernsei^OT° °^ upon a bartender for any offence under this Oridnance, the °'*''"'=«^ Attorney General may forthwith cancel the license of such bartender, who shall not thereafter be eligible to receive another bartender's license, nor a license to sell liquor during the current license year, and upon conviction for a second offence of any nature within two years the license of such bartender shall ipso facto become void, and he shall not thereafter be eligible to hold a bartender's hcense ■ or hcense to sell liquor for two years. (7) No bartender's license shall be issued to any person J-o^be^lssued who is not of the full age of twenty-one years and of good persons°not """^ character. °l e°° this day of . . . . 1 . . J A.B., A Justice of the Peace or A Commissioner, etc. CO., c. 89, schedule 1, form C 426 LIQUOR LICENSE Cap. 89 60 FORM D. {Section 28.) ^^^) , and , do severally make oath and say : That we are neighbours of , applicant for a license to sell intoxicating liquors; That he is personally known to us; That he is of the full age of twenty-one years; That he has never been convicted of any criminal offence subject to imprisonment for five years or upwards to our knowledge; and That he is a man of good moral character and temperate habits. Sworn by said and before me at in the dis- trict of this I day of 1 j A.B., A Justice of the Peace or A Comviissioner, etc. CO., c. 89, schedule 1, form D. FORM E. {Section 47.) Form of Bond by Applicant for an Hotel or Wholesale License. Know all men by these presents that we of of and of are held and firmly bound unto [His Majesty King Edward the Seventh, His Heirs and Successors] as follows, that is to say: the said in the sum of five hundred dollars of good and lawful money of Canada the said in the sum of two hundred and fifty dollars of like good and lawful money and the said in the sum of two hundred and fifty dollars of like good and lawful money, for payment of which well and truly to be made we bind ourselves and each of us, our heirs, executors and administrators firmly by these presents. 427 61 Ca}). 89 LIQUOR license AVhereas the above boundcn . is about to obtain a license to keep a . . . ■ for the sale of liquor in the of The condition of this obligation is therefore such that if the said pay all fines and penalties which he may be condemned to pay for any offence against any statute or other provision having the force of law now or hereafter to be in force relative to such license for the sale of liquor and does, performs and observes all the recjuirements thereof and conforms to all rules and regulations that are or may be established by competent auth- ority in such behalf; then this obUgation shall be null and void, otherwise it shall remain in full force, virtue and effect. In witness whereof we have signed these presents with our hands and sealed them with our seals this day of one thousand Signed, sealed and delivered in presence of us [L.S.] .[L.S.] .[L.S.] [FORM E. 1. {Section 47.) Affidavit of Surety. 'We, of the and of the the securities in the within bond named do severally make oath and say as follows : (1) I, the said , for myself say that I am a householder residing at and that I am worth property situate in the North-West Territories to the amount of two hundred and fifty dollars over and above the exemp- tions allowed by law and what will pay my just debts. (2) And I, the said , for myself say that I am a householder residing at and that I am worth property situate in the North-West Territories to the amount of two hundred and fifty dollars over and above the exemptions allowed by law and what will pay my just debts. The above named and were severally sworn before me at this day of 190 , A.B., A Justice of the Peace or a Commissioner, etc.] CO., c. 89, schedule 1, form E; 1901, c. 33, s. 18; 1904, c. 14, s. 0. 428 - ' I < ,^ ■ LIQUOR LICENSE Cap. 89 FORM F. {Sections 12 atid 32.) License. Whereas . . . . of in the district of has made application for a license to sell intoxicating liquors and it having been made to appear to the board of license commissioners that the said has complied with the provisions of the Ordinance in that behalf, this is to certify that the said hereby licensed as provided by law to sell intoxicating liquors in manner aforesaid at . . .said place of business from the . ... day of . . . 1 . . . until midnight on the day of . . . . . . . 1 . . . 62 Dated this. -day of. .1. CD., [Attorney General.] CO., c. 89, schedule 1, form F; 1900, c. 32, s. 1. FORM G. {Sections 36, 38 and 43.) To the License Commissioners : We, the undersigned, do hereby protest against the granting of a license to sell intoxicating liquors as a to for the following reasons: {Here set forth reasons) . Xame Distance in yards in a direct line from the proposed licensed premises Date of signing 429 63 Cap. 89 liquor license I, the undersigned, , do certify that all persons whose names are appended to the above protest are personally known to me and have signed in my presence and that they are comprised within the twenty nearest householders to the for which has applied for a license and the date upon which each person signed the said protest is directly set opposite the name of each person respectively. Dated at in the North- West Territories this day of A.D., 1... A.B., Justice of the Peace or Commissioner, e r. CO., c. 89, schedule 1, form G. FORM H. (Section 98.) Form of Declaration of Forfeiture and of Order to Destroy Liquor Seized. 7/ in conviction, after adjudging 'penalty or imprisonment, proced thus: And I declare the said liquor and vessels in which the same is kept, to wit: two barrels containing beer, three jars contain- ing whiskey, two bottles containing gin, four kegs containing lager beer and five bottles containing native wine {or as the case may he) to be forfeited to [His] Majesty. Given under my hand and seal the day and year first above mentioned, at, etc. J.P. CO., c. 89, schedule 1, form H; 1901, c. 33, s. 18; 1904, c. 14, s. 7. FORM I. If by separate or subsequent order: Canada 1 North-West Territories - To wit: J I, E.F., one of [His] Majesty's justices of the peace in and for the North- West Territories, having on the day of one thousand 430 LIQUOR LICENSE Cap. 89 64 at the of in the said North- West Ter- ritories, duly convicted X.Y. of having unlawfully kept liquor without a license, do hereby declare the said liquor and vessels in which the same is kept, to wit: {describe the same as above) to be forfeited to [His] Majesty. Given under my hand and seal this day of at the of .in the said E.F. [L.S.] CO., c. 89, schedule 1, form I; 1901, c. 33, s. 18; 1904, c. 14, s. /. FORM J. {Section 120.) Canada : ] Be it remembered that on the North-West Territories. - day of J A.D.I... complaint was made before the undersigned a justice of the peace in and for the said Territories : That A.B., {here set out the facts as stated in the complaint) and now having duly heard the matter of the said complaint I do order that during the period of [two] years from the date hereof no licensee after notice of this order shall sell any liquor to the said A.B. Given under my hand and seal this day of at the of in the said Territories. J.P.'" CO., c. 89, schedule 1, form J; 1907, c. 9, s. 37. FORM K. {Section 121.) Notice of Interdiction. Regina, 1 . . . A.B., of .in the North-West Territories. Sir, — In pursuance of The Liquor License Ordinance you are hereby notified that CD., of in the District of 431 65 Cap. 89 liquor license labourer (or as the case may he) is inter- dicted from the use of intoxicating liquors, on order made by G.H., a justice of the peace in and for the North-West Terri- tories, bearing date the day of 1. . and you are required to govern yourself accordingly. You are liable if [during the period of two years from the date of said order] you give, sell, purchase or procure to, for or on behalf of such prohibited person or for his or her use any liquor, upon conviction, to a penalty of not less than ^50 nor more than $200 and in default of payment to not less than two months' nor more than twelve months' imprisonment, and if you are a licensee, forfeiture of license. Your obedient servant, F.E., [Attorney General.] CO., c. 89, schedule 1, form K; 1900, c. 32, ss. 1 and 20. FORM L. (Section 122.) Notice of Interdiction. Take notice that under the provisions of section 122 of The Liquor License Ordinance I have been required by (here state name and authority of person who has requested notice to he given) to notify you that you are not [during the period of one year from the date of this notice] to directly or indirectly sell, give or deliver or suffer to be sold, given, or delivered to (here insert name and description of person) any intoxicating liquor under a penalty of [two] hundred dollars and absolute forfeiture of your license. Dated this day of A.D. 1. . E.F., Inspector. CO., c. 89, schedule 1, form L; 1900, c. 32, s. 21; 1904, e. 14, s. 8. 432 LIQUOR LICENSE Cap. 89 66 FORM II. (Section 122.) Notice of Interdiction. To... of Take notice that under the provisions of section 122 of The Liquor License Ordinance and at the request of {here state name and authority of person at whose request interdiction is made) I have this day interdicted you from the use of intoxicating liquor for the space of one year from the date hereof. Failure on your part to obsei-ve this interdiction will render you liable to a penalty of $50, [and in the event of your being found in a bar room or ^Yholesale liquor store you may be arrested and fined a further sum of $50 for each such offence]. Dated at this day of 19 . A.B., Inspector. 1904, c. 14, s. 9; 1907, c. 9, s. 38. FORM N. {Section 128.) Canada ^ Province of Alberta. / This is to certify that .... of , is hereby authorized to act as a bartender within License District No .... for the year ending June 30th, 19. . ., subject to the provisions of the law in that behalf. Dated at Edmonton this day of A.D. 19... Deputy Attorney General. 1909, c. 5, s. 3. 433 'i7 Cap. 89 LIQUOR license SCHEDULE 2. Forms for Describing Offences. 1. Neglecting to keep license exposed. That X.Y., having a hcense for sale by wholesale {or an hotel license) on unlawfully or wilfully {or negligently) omitted to expose the said license in his warehouse {or in the bar room of his hotel as the case may be). 2. Sale without license. That A'. 7., on the day of in the year of our Lord one thousand at .... in the of unlawfully did sell liquor without the license therefor by law required. 3. Keeping liquor without license. ThatZ.r., on at unlawfully did keep liquor for the purpose of sale, barter and traffic therein without the license therefor by law required. 4. Sale of liquor on licensed premises during prohibited hours. That A'. y., on at in his premises {or on, or out of, or from his premises) being a place where liquor may be sold, unlawfully did sell {or dispose of) liquor during the time prohibited by The Liquor Lic-.nse Ordinance for the sale of the same, without any requisition for medical purposes, as required by the said Ordinance, being produced by the vendee or his agent. 5. Allowing liquor to be drunk on licensed premises during pro- hibited hours. That A'. F., on at .in his premises, being a place where liquor may be sold by retail {or wholesale) unlawfully did allow {or permit) liquor to be drunk in such place during the time prohibited by The Liquor License Ordinance for the sale of the same by a person other than the licensee or some member of his family or a lodger in his house. 6. Sale of less tlmn one quart under wholesale license. That X.Y., having a wholesale license on at unlawfully did sell liquor in less quantity than one half gallon {or one reputed quart bottle or two reputed pint bottles as the case may be). 7. Allowing liquor to be consumed upon wholesale premises. That X.Y., having a wholesale license on at unlawfully did allow Uquors sold by him {or in his possession) and for the sale of which a license is required, 434 LIQUOR LICENSE Cap. 89 68 to be consumed within his premises {or within the building of which his premises forms part or within a building which communicates by an entrance with his premises) by a pur- chaser of such liquor {or by a person not usually resident within the building of which such premises forms a part). 8. Illegal sale by druggists. That X.Y., being a chemist {or druggist) on at did unlawfully sell Uquor for other than strictly medicinal purposes {or sell liquor in pack- ages of more than six ounces at one time without a certificate from any registered medical practitioner or sell liquor without recording the same), as required by The Liquor License Ordi- nance. 9. Keeping a disorderly house. That X.Y., being the keeper of {house of -public entertain- ment) situate in the town of in the district of on in his said hotel unlawfully did sanction {or allow) gambling, {or riotous or disorderly conduct) in his said hotel. 10. Harbouring constables on duty. That X.Y., being licensed to sell liquor at on -^ unlawfully and knowingly did harbour {or entertain or suffer to abide and remain) on his premises O.P., a constable belonging to a police force, during a part of the time appointed for his being on duty, and not for the pur- pose of quelling a disturbance or restoring order or executing his duty. 11. Coynpromising or compounding a prosecution. That X.Y., having violated a provision of The Liquor License Ordinance, on at unlaw- fully did compromise {or compound, or settle, or offer, or at- tempt to compromise, compound or settle), the offence with A.B., with the view of preventing any complaint being made in respect thereof {or with the view of getting rid of or of stopping or of having the complaint made in respect thereof dismissed as the case may be). 12. Being concerned in compromising a prosecution. That X.Y., on at unlaw- fully was concerned in {or a party to) a compromise {or a com- position, or a settlement) of an offence committed by O.P. against a provision of The Liquor License 'Ordinance. 13. Refusing to admit policeman. That X.Y., on at being in {or having charge of) the premises of O.P. being a place where liquor is sold {or reputed to be sold) unlawfully did refuse {or fail) to admit {or did obstruct or attempt to obstruct) E.F. an officer demanding to enter in the execution 435 69 Cap. 89 liquor license of his duty {or did obstruct or attempt to obstruct E.F. an officer malting searches in the said premises and in the prem- ises connected with such place). 14. Officer refusing to prosecute. That X.Y., being a pohce officer {or constable or inspector of licenses) in and for the knowing that O.P. hadon at committed an offence against a provision of The Liquor License Ordinance, unlaw- fully and wilfully did and still does neglect to prosecute the saicl O.P. for his said offence. 15. Refusing or failing to supply lodging, meals or accom- modation to travellers. That F.X., being the keeper of an hotel in respect of which an hotel license has been duly issued and is in force, on at unlawfully failed or refused personally {or through someone acting on his behalf) to supply lodgings, meals or accommodation to a traveller as required by The Liquor License Ordinance. 16. Selling liquor to anyone under eighteen years of age. That X.Y , at on unlawfully did sanction {or allow) to be supplied in his licensed premises by purchase {or otherwise) liquor to a person under the age of eighteen years not being a resident on the premises or a bona fide guest, lodger or traveller. 17. Allowing internal communication between licensed and unlicensed premises. That A'. y., at on unlawfully did sanction {or allow) to be made or used an inter- nal communication between his licensed premises and unlicensed premises which are used for public entertainments and resort {or as a refreshment house). 18. Obtaining liquor by false representations. That A'. F., at on unlawfully did by falsely representing himself to be a lodger, buy or obtain {or attempt to buy or obtain) at liquor during the period during which such premises are required to be closed in pursuance of The Liquor License Ordinance. 19. Interdiction. That A.I'., by excessive drinking of liquor misspends, wastes {or lessens if the fact be so) his estate {or greatly injures his health or endangers or interrupts the peace and happiness of his family.) CO., c. 89, schedule 2. 436 LiQuoE LICENSE Cap. 89 70 FORM M. Form of Information Laid or Complaint Made, as the Case May Be. Canada \ The information of A.B., of the North-AYest Territories r of in To wit : J the of laid {or complaint made as the case may he) upon oath {or affirma- tion) before me CD., one of [His] Majesty's justices of the peace in and for the North-West Territories, the day of A. D., one thousand The said informant says he is informed and believes that X .Y on the day of . . .A.D. one thousand at the in the of unlawfully did sell Uquor without the license therefor by law required {or as the case niay be). Laid, sworn {or affirmed) , and \ f A.B., signed before me the day and year, and at the place first above mentioned. CD., J.P CO., c. 89, schedule 2, form M; 1901, c. 33, s. 18. FORM N. Form of Information for Second, Third or Fourth Offence. Canada North-West Territories To wit: The information of A.B., oi . etc., laid upon oath {or affirmation) before me, CD., one of [His] Majesty's justices of the peace in and for the North-AVest Territories, the day of, . . . . .A.D. one thousand The said informant says he is informed and believes that X.Y., on at {describe last offence) : And further that the said X.Y., was previously, to wit: on the day of A.D. 1 , at the of , before E.F., one of [His] Majesty's justices of the peace in and for the North- West Territories, duly convicted of having on the •r . ^~ 437 71 Cap. 89 LIQUOR license day of 1 . . . . , at the of .in the of unlawfully sold liquor without the license therefor required by law {or as the case may he); And further that the said X.Y., was previously, to wit: on the day of A.D.I. . ., at the of in the of , before etc., (as in preceding paragraph) again duly convicted of having on the clay of A.D. 1. . . ., at the of in the of having a wholesale license, unlawfully allow liquor to be consumed ,-within a building which communicates by an entrance within his premises by a person not usually resident within the build- ing of which such premises form a part {or as the case may he); And further that the said X.Y was previously, to wit: on the dayof A.D.I...., in the of , before, etc., {see above) again duly convicted of having on the day of A.D., 1. . . ., at the of in the of (being in charge of the premises of O.P., a place where liquor was reputed to be sold) unlawfully failed to admit E.F., an officer demanding to enter in the execution of his duty {or as the case may he). And the informant says that the offence hereinbefore firstly charged against the said X.Y is his fourth {or as the case may he) offence against The Liquor License Ordinance. Laid, sworn {or affirmed), andi signed before me the day and [ year and at the place first I above mentioned. ' CD., J.P. CO., c. 89, schedule 2, form N; 1901, c. 33, s. 18. FORM 0. Summons to Witness. Canada -, North-West Territories \ To wit: J ToJ.K., ofthe of in the of 438 LIQUOR LICENSE Cap. 89 72 "Whereas information has been laid before me CD., one of [His] Majesty's justices of the peace in and for the North- West Territories that A'.F., being a druggist, on the day of A.D. 1. . . ., at the of in the of unlawfully did sell liquor for other than strictly medicinal purposes {or as the case may he) and it has been made to appear to me that you are likely to give material evidence on behalf of the pro- secution in this matter ; These are to require you to be and appear on the day of A.D. 1. . . ., at o'clock in the noon at the in the of before me or such justice or justices of the peace as may then be there to testify what you know concern- ing the said charge so made against the said as aforesaid (and also to bring with you and there and then to produce all and every invoices, day books, cash books or ledgers and receipts, promissory notes or other security relating to the purchase or sale, or sale of liquor by the said X.Y., and all other books and papers, accounts, deeds and other docu- ments in your possession, custody or control relating to anj' matter connected with the said prosecution). Herein fail not Given under my hand and seal this day of A.D., 1. . . at the of in the of CD., J.P [L.S.] CO., c. 89, schedule 2, form 0; 1901, c. 33, s. 18. FORM P. Form of Conviction for First Offence. Canada i North-Yv^est Territories j- To wit: J Be it remembered that on the day of A.D. one thousand at the of in the of A' r , is convicted before me, E.F., one of [His] Majesty's justices of the peace in and for the North-West Territories, for that he, the said Z.y.,onthe day of A.D. , one thousand at the of . . . in the in his premises, being a place where liquor may be sold, unlawfully did sell liquor during the time prohibited by The Liquor License Ordi- nance for the sale of the same without any requisition for med- icinal purposes as required by the said Ordinance being pro- duced by the vendee or his agent {or as the case may be), A.B. 439 73 Cap. 89 liquor license being informant, and I adjudge said X.Y. for his said offence to forfeit and pay the sum of dollars to be paid and applied according to law, and also to pay to the said A.B. the sum of dollars for his costs in this behalf, and if the said several sums be not paid forthwith, then* I order the said sums to be levied by distress and sale of the goods and chattels of the said X.Y.; and in default of sufficient distress in that behalf* {or where the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears that he has no goods ivhereon to levy a distress, then instead of the words between the asterisks say inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said X.Y. and his family, or that the said X.Y . has no goods or chattels whereon to levy the said sevei'al sums by distress, I adjudge the said X.Y. to be imprisoned in the common gaol at in the said and there to be kept for the space of . . unless the said sums and the costs and charges of conveying the said X.Y. to the said common gaol shall be sooner paid. Given under my hand and seal the day and year first above mentioned at the of in the aforesaid. CD., [L.S.] J.P. CO., c. 89, schedule 2, form P; 1901, c. 33, s. 18. FORM Q. Form of Conviction for a Third Offence. Canada i North-West-Territories \ To wit: J Be it remembered that on the day of in the year of our Lord one thousand at of in the X.Y.. is convicted before the undersigned CD., one of [His] Majesty's justices of the peace in and for the said Territories for that the said A'. y. on the day of A.D. one thousand at in the said (as the case may be) having violated a provision of The Liquor License Ordinance unlawfully did attempt to settle the offence with A.B. with the view of having the complaint made in respect thereof dismissed {or as the case may be); 440 LIQUOR LICENSE Cap. 89 74 And it appearing to me that the said X.Y. was previously, to wit: on the day of .A.D.I..., at the of . . . before, etc. duly convicted of having on the day of A.D.I. ..,atthe of unlawfully sold liquor without the license therefor by law required {or as the case may be): And it also appearing to me that the said X.Y was pre- viously, to wit: on the day of. A.D. 1 . . . , at the of before, etc., (see above) again duly convicted of having on the. .... day of . . .A.D. 1 .... , at the . being the keeper of licensed premises situate in the said . of unlawfully allowed gambling in his said licensed premises {or as the case may be); I adjudge the offence of the said X.Y., hereinbefore firstly mentioned, to be his third offence against The Liquor License Ordinance {A.B. being the informant) and I adjudged the said X.Y for his third offence to be imprisoned in the common gaol of the said of at . in the said of there to be kept at hard labour for the space of three calendar months {or as the case truiy be). Given under my hand and seal the day and year first above mentioned, at in the .... .... of. CD. [L.S.] J.P CO., c. 89, schedule 2, form Q; 1901, c. 33, s. 18. FORM R. Warrant of Commitment for First Offence "Where a Penalty is Imposed. Canada , North-West Territories ). To wit: J To all or any of the constables and other peace officers in the of ... and the keeper of the common gaol of the said at in the . Whereas X.Y., late of the of in the said was on this day convicted before the undersigned CD., one of [His] Majesty's justices of the peace in and for the North-West Territories, for that he, the said X.Y.', on at unlawfully did sell liquor without the license therefor by law required {state 441 75 Cap. 89 liquor license offence as in the conviction) {A.B. being the informant) and it was thereby adjudged that the said X.Y for his said offence should forfeit and pay the sum of . . . . .{as in conviction) and should pay to the said A.B. the sum of for his costs in that behalf; And it was thereby further adjudged that if the said several sums should not be paid forthwith the said X.Y should be imprisoned in the common gaol at in the said Territories there to be kept at hard labour for the space of unless the said several sums and the costs and charges of conveying the said X.Y to the said common gaol should be sooner paid ; And whereas the said X.Y. has not paid the several sums or any part thereof although the time for payment thereof has elapsed ; [7/ a distress warrant issued and was returned no goods or not sufficient goods, say: And whereas aftenvards on the day of A.D. 1 . . . . , I, the said justice, issued a warrant to the said constable or peace officer or any of them to levy the said several sums of of and by distress and sale of the goods and chattels of the said A'.I".; And whereas it appears to me as well by the return of the said warrant of distress by the constable who had the execu- tion of the same or otherwise that the said constable has made diligent search for the goods and chattels of the said X.Y but that no sufficient distress whereon to levy the said sums could be found.] [Or where the issuing of a distress warrant would be ruinous to the defendant and his family or if it appears that he has no goods whereon to levy a distress then instead of the foregoing recitals of the issue and return of the distress warrant, etc., say: And whereas it has been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said X.Y and his family or that the said X.Y has no goods or chattels whereon to levy the said sums by distress, {as the case may be)]; These are therefore to command you, the said constables or peace officers or any of you, to take the said X.Y. and him safely convey to the common gaol at in the of and there deliver him to the said keeper thereof together with this precept; And I do hereby command you, the said keeper of the said common gaol, to receive the said X.Y into your custody in the said common gaol there to imprison and keep him for the space of unless the said several sums and all the costs and charges of the said distress, amounting to the sum of , and of the commitment and conveying of the 442 LIQUOR LICENSE Cap. 89 76 said X.Y. to the said common gaol, amounting to the further sum of . . . , shall be sooner paid unto you, the said keeper, and for so doing this shall be your sufficient warrant. Given under my hand and seal this day of A.D. 1 , at CD. [L.S.] J.P. CO., c. 89, schedule 2, form R; 1901, c. 33, s. 18. 443 TITLE XIII. MISCELLANEOUS. CHAPTER 90. An Ordinance respecting Insane Persons. (CO., c. 90.) Chapter /, 1907, substituted; amended, 1909, c. 4, s. 15; 1910 (2nd Session), c. 2, s. 16. 444 CHAPTER 91. An Ordinance to Prevent the Profanation of the Lord's Day. 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: 1. No merchant, tradesman, artificer, mechanic, workman, j^^jnggg'^d"^ labourer or other person whatsoever shall on the Lord's day ^^^^^5™^^°° sell or publicly show forth or expose or offer for sale or purchase any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, busi- ness or trade of his ordinary calling; travelling or conveying Exceptions travellers or Her Majesty's mails, selling drugs and medicines and other works of necessity and works of charity only excepted. CO., c. 91, s. L 2. No person on that day shall play at billiards or pool in am^s^e^me" ts any public room or run races on horseback or in vehicles of any p™^^'^''"*! sort or discharge fire arms or engage in any game or games in any public place, or engage in hunting or in pursuit of game; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. CO., c. 91, s. 2. 3. All sales and purchases and all contracts and agreements Jijl'^l^'gon'* for sale or purchase of any real or personal property whatsoever |^°^?J *° made by any person or persons on the Lord's day shall be utterly null and void. CO., c. 91, s. 3. 4. Any person violating any of the provisions of this Ordi- -^^""""^ nance shall be guilty of an offence and upon summary conviction thereof be liable to a fine not exceeding $100 and costs of prose- cution. CO., c. 91, s. 4. [N.B. — Proceedings on this subject should be taken under The Lord's Day Act of Canada. (Revised Statutes of Canada, Chapter 153).] 445 Sale of tobacco to minors under sixteen years of age prohibited Exception written request of parents, etc. Presumption of age CHAPTER 92. An Ordinance respecting the Use of Tobacco by Minors. T^HE Lieutenant Governor, by and with the advice and -■■ consent of the Legislative Assembly of the Territories, enacts as follows : 1. Any person who either directly or indirectly sells or gives or furnishes to a minor under sixteen years of age cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $1 or more than $10 with or without costs of prosecution, or to imprisonment with or without hard labour for any term not exceeding ten days, or to both fine with or without costs and imprisonment to the said amount and for the said term in the discretion of the convicting magistrate; and in case of a fine or a fine and costs being awarded and of the same not being upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding ten days unless the fine and costs are sooner paid. CO., c. 92, s. 1. 2. This Ordinance shall not apply to a sale to the minor under a written request or order of his parent, lawful guardian or employer. CO., c. 92, s. 2. 3. A person who shall appear to the magistrate to be under sixteen years of age shall be presumed to be under that age unless it is shown by evidence that he is in fact over that age. CO., c. 92, s. 3. Penalty for procuring tobacco by minor 4. Any person except as provided in section 2 of this Ordi- nance to whom the sale of tobacco has been prohibited under section 1 of this Ordinance who either directly or indirectly in any way procures or permits the sale, disposal, gift or delivery to him by any person of any cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary con- viction thereof to a fine not exceeding $2 and in default of payment to imprisonment for a period not exceeding one month. CO., c. 92, s. 4. Liinitation of Ordinance 5. The provisions of this Ordinance shall only apply to municipalities and villages. CO., c. 92, s. 5. 446 CHAPTER 93. An Ordinance respecting the General Trust Corporation of Canada. (CO., c. 93.) Note. — A private Ordinance. 447 CHAPTER 94. An Ordinance to Declare and Amend the Law of Partnership. (Chapter 7 of 1899.) npHE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Partnership Ordinance 1899." INTERPRETATION. Interpretation 2. In this Ordinance unless the context otherwise reciuires — Business 1. The cxpresslon "business" includes every trade, occupation or profession; Court ^ 2. "Court" shall mean the Supreme Court of the North-"\Vest chambers Territories, and any judge of the court may at any time, whether sitting in chambers or in court, exercise all the powers conferred by this Ordinance upon the court. Sliort title PARTNERSHIPS GENERALLY. Nature of Partnership. dei^rlSr^^ 3. Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. (2) The relation between memljcrs of any company or asso- ciation who constitute a body corporate under any law in force in the Territories is not a partnership within the meaning of this Ordinance. Rules for 4. In determining whether a partnership does or does not existence of exist, regard shall be had to the following rules: partnership 1. Joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partner- ship as to anything so held or owned, whether the tenants or owners do or do not share any profits made l^y the use thereof; 2. The sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which the returns are derived; 448 PARTNERSHIP Cap. 94 3. The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but the receipt of such share, or of a payment contingent on or varying with the profits of the business, does not of itself make him a partner in the business; and in particular — (a) The receipt by a person of a debt or other liquidated amount by instalments or otherwise out of the accruing profits of a business does not of itself make him a partner in the business or liable as such; (b) A contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such; (c) A person being the widow or child of a deceased partner and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not by reason only of such receipt a partner in the business or hable as such; (d) The advance of money by way of loan to a person engaged or about tr engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on the business, does not o^ Hself make the lender a partner with the person o. persons carrying on the business or liable as such, provided that the contract is in writing, and signed by or on behalf of all the parties thereto; (e) A person receiving by way of annuity or otherwise a portion of the profits of a business in consideration of the sale by him of the goodwill of the business is not by reason only of such receipt a partner in the business ■or liable as such. 5. In the event of any person to whom money has been in pass of advanced by way of loan upon such a contract as is mentioned for bS"'of in the last foregoing section, or of any buyer of a goodwill in °™fp°^|'j„^g° y consideration of a share of the profits of the business, making of rfishts of an assignment for the benefit of his creditors, entering into an or selling in arrangement to pay his creditors less than one hundred cents orshareof""^ in the dollar, or dying in insolvent circumstances, the lender"™'^*'' of the loan shall not be entitled to recover anything in respect of his loan, and the seller of the goodwill shall not be entitled to recover anything in respect of the share of profits contracted for, until the claims of the other creditors of the borrower or buyer for valuable consideration in money or money's worth have been satisfied. 449 Cap. 94 PARTNERSHIP '*''firm"ind ^- Psrsons who have entered into partnership with one "firm name" another are for the purposes of this Ordinance called collectively a firm, and the name under which their business is carried on is called the firm name. Power of partner to bind the firm Relations of partners to persons dealing with them. 1. Every partner is an agent of the firm and his other partners for the purpose of the business of the partnership; and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member, bind the firm and his partners, unless the partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority or does not know or believe him to be a partner. Partners g. An act or instrument relating to the business of the firm bound by acts , , , ^ ' i^ n • _li on behalf and donc or executed m the firm name, or m any other manner °"'"" showing an intention to bind the firm, by any person thereto authorized, whether a partner or not, is binding on the firm and all the partners : Provided that this section shall not affect any general rule of law relating to the execution of deeds, instruments or docu- ments affecting land, or negotiable instruments. Partner usinK credit of firm for private purposes 9. Where one partner pledges the credit of the firm for a purpose apparently not connected with the firm's ordinary course of business, the firm is not bound, unless he is in fact specially authorized by the other partner or partners; but this section does not affect any personal liability incurred by an individual partner. nrticethat -^^* ^^ ^^ ^^^ been agreed between the partners that any firmw^i^not rcstriction shall be placed on the power of any one or more of acts of partner them to bind the firm, no act done in contravention of the agreement is binding on the firm with respect of persons having notice of the agreement. Liability of partner 11. Every partner in a firm is liable jointly with the other partners, for all debts and obligations of the firm incurred while he is a partner; and after his death his estate is also sever- ally liable, in a due course of administration, for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts. Liability of firm for wrongs 13. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm, or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefore to the same extent as the partner so acting or omitting to act. 450 PARTNERSHIP Cap. 94 4 13. In the folio wine; cases, namely — Misapplication o J ^ of money or (a) Where one partner acting within the scope of his P^I^'J-Jfo^ apparent authority receives the money or property of °j: j,"j.^"°'*'"^y a third person and misapplies it; and {b) Where a firm in the course of its business receives money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm, the firm is liable to make good the loss. 14. Every partner is liable jointly with his co-partners and Liability for^ also severally for everything for which the firm while he is a and several partner therein becomes liable under either of the two last pre- ceding sections. 15. If a partner, being a trustee, improperly employs trust i-nproper property in the business or on account of the partnership, ort^rus^t™^" no other partner is liable for the trust property to the persons pI^tnersMp"^ beneficially interested therein: purposes Provided as follows : 1. This section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust; and 2. Nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its posses- sion or under its control. 16. Every one who by words spoken or written or by conduct J-'ersonsiiabie . . , by noluing represents himself, or who knowingly suffers himself to be out" represented, as a partner in a particular firm, is liable as a partner to any one who has on the faith of any such represen- tation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made. (2) Provided that where after a partner's death the partner- ship business is continued in the old firm name, the continued use of that name or of the deceased partner's name as part thereof shall not itself make his executors or administrators, estate or effects liable for any partnership debts contracted after his death. 17. An admission or representation made by any partner Admissions concerning the partnership affairs, and in the ordinary course eStatfonrot of its business, is evidence against the firm. partners 18. Notice to any partner who habitually acts in the partner- Notice to ship business, of any matter relating to partnership affairs to be^notic"""^ operates as notice to the firm, except in the case of a fraud*" ™ on the firm committed by or with the consent of that partner. 451 Liability of incomihg and outgoing partners Cap. 94 PARTNERSHIP 19. A person who is admitted as a partner into an existing firm does not thereby become liable to the creditors of the firm for anything done before he became a partner. (2) A partner who retires from a firm does not thereby cease to be liable for partnership debts or obligations incurred before his retirement. (3) A retiring partner may be discharged from any existing habilities, by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors, and this agreement may be either expressed or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted. ra1rtinSinT°* 20. A Continuing guaranty given either to a firm or to a fhan^e* in^firm ^'^^'''^ pcrsou lu rcspect of the transactions of a firm is, in the absence of agreement to the contrary, revoked as to future transactions by any change in the constitution of the firm to which, or of the firm in respect of the transactions of which the guaranty was given. Relnlions of partners to one a7iother. conlent'Sf^^ 31. The mutual rights and duties of parties, whether ascer- termsot talucd by agreement or defined by this Ordinance, may be varied by the consent of all the partners, and such consent may be either expressed or inferred from a course of dealing. Partnership 22. All property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Ordinance partnership property and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement. (2) Provided that the legal estate or interest in any land which belongs to the partnership shall devolve according to the natu're and tenure thereof, and the general rules of law thereto applicable, but in trust, so far as necessary, for the persons beneficially interested in the land under this section. (.3) Where co-owners of an estate or interest in any land not being itself partnership property, are partners as to profits made by the use of that land or estate, and purchase other land or estate out of the profits, to be used in like manner, the land or estate so purchased belongs to them, in the absence of an agreement to the contrary, not as partners, but as co-owners for the same respective estates and interests as are held by thenr in the land or estate first mentioned at the date of the purchase. 452 PARTNERSHIP Cap. 94 6 23. Vnless the contrary intention appears, property bought P™f«r'y.^,,^ with money belonging to the firm is deemed to have been bought partneiahip on account of the firm. ™°"^^ 34. AVhere land or any interest therein has become partner- Land held as 1 . • 1 11 1 1 • . partnership ship property, it shall, unless the contrary intention appears, property to be be treated as between the partners (including the representa- peTsonaf '^ tives of a deceased partner), as personal or movable and not°^''^° real estate. 25. After the commencement of this Ordinance a writ of ^■■°.<=«<1"''^ against execution ' shall not issue against any partnership propertv partnership , . , , . 5" , , „ ■> '- r r r .. property for except on a judgment against the nrm. a partner's separate (2) The court, or a judge thereof, may, in chambers, on^"'^sment debt application by summons by any judgment creditor of a partner, make an order charging that partner's interest in the partner- ship property and profits with payment of the amount of the judgment debt and interest thereon, and may by the same or a subsequent order appoint a receiver of that partner's share of profits (whether already declared or accruing), and of any other money which may be coming to him in respect of the partnership, and direct all accounts and inquiries, and give all other orders and directions which might have been directed or given if the charge had been made in favour of the judgment creditor by the partner or which the circumstances of the case may require. (.3) The other partner or partners shall be at liberty at any time to redeem the interest charged, or in case of a sale being directed, to purchase the same. 26. The interest of partners in the partnership property Huies as to -• . li^j.i' interests End and their rights and duties in relation to the partnership shall duties of be determined, subject to any agreement express or implied subSecTto between the partners, by the following rules: Agreement 1. All the partners are entitled to share equally in the capital and profits of the business, and must contribute equally towards the losses, whether of capital, or othenvise, sustained by the firm; 2. The firm must indemnify every partner in respect of payments made and personal liabihties incurred by him — (a) In the ordinary and proper conduct of the business of the firm; or, (6) In or about anything necessarily done for the preser- vation of the business or property of the firm; 3. A partner making, for the purpose of the partnership, any actual payment or advance beyond the amount of capital which he has agreed to subscribe, is entitled to interest from the date of the payment or advance; 453 Cap. 94 PARTNERSHIP Expulsion of partner Retirement from partnership at will 4. A partner is not entitled, before the ascertainment of profits, to interest on the capital subscribed by him; 5. Every partner may take part in the management of the partnership business ; 6. No partner shall be entitled to remuneration for acting in the partnership business ; 7. No person may be introduced as a partner without the consent of all existing partners; 8. Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners, but no change may be made in the nature of the partnership business without the consent of all existing partners ; 9. The partnership books are to be kept at the place of busi- ness of the partnership (or the principal place, if there is more than one), and every partner may, when he thinks fit, have access to and inspect and copy any of them. 27. No majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners. 28. Where no fixed term has been agreed upon for the duration of the partnership, or if a partnership is continued after a fixed term has expired, any partner may determine the partner- ship at any time on giving notice of his intention so to do to all the other partners. (2) ^Yhere the partnership has originally been constituted by deed, a notice in writing, signed by the partner giving it, shall be sufficient for this purpose. Where partnership for term continued over, continuance on old terms presumed 29. ^Yhere a partnership entered into for a fixed term is continued after the term has expired and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term so far as is consistent with the incidents of a partnership at will. (2) A continuance of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is presumed to be a continuance of the partnership. Partners to 30. Partners are bound to render true accounts and full I'endci" accounts, etc. information of all things affecting the partnership to any partner or his legal representatives. Accountability 31. Evcry partner must account to the firm for any benefit for private derivcd by him without the consent of the other partners from '"" *^ any transaction concerning the partnership, or from any use by him of the partnership property, name or business connection. 454 PARTNERSHIP Cap. 94 8 (2) This section applies also to transactions undertaken after a partnership has been dissolved by the death of a partner, and before the affairs thereof have been completely wound up either by any surviving partner or by the representatives of the deceased partner. 33. If a partner, without the consent of the other partners, Partner '^ . '. . ,, , 1 , • competing carries on any business oi the same nature as and competing with firm to with that of the firm, he must account for and pay over to the °''"'°"° ' firm all profits made by him in that business. 33. An assignment by any partner of his share in the part- ^gg^^ee of nership, either absolute or by way of mortgage, encumbrance ^'^aj^^nj^. or redeemable charge, does not, as against the other partners, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partner- ship business or affairs, or to require any accounts of the partner- ship transactions, or to inspect the partnership books, but entitles the assignee only to receive the share or profits to which the assigning partner would otherwise be entitled, and the assignee must accept the account of profits agreed to by the partners. (2) In case of a dissolution of the partnership, whether as respects all the partners or as respects the assigning partner, the assignee is entitled to receive the share of the partnership assets to which the assigning partner is entitled as between himself and the other partners, and, for the purpose of ascer- taining that share, to an account as from the date of the disso- lution. (3) In this section "assignee" shall include "mortgagee" or " encumbrancee." Dissolution of partnership, and its consequences. 34. Subject to any agreement between the partners, a partner- Dissolution ship is dissolved — of notice (a) If entered into for a fixed term, by the expiration of that term; (b) If entered into for a single adventure or undertaking by the termination of that adventure or undertaking; (c) If entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership. In the last mentioned case the partnership is dissolved as from the date mentioned in the notice as the date of dissolution, or, if no date is so mentioned, as from the date of the communi- cation of the notice. 35. Subject to any agreement between the partners, every Jjlj^l"'^^',^"" partnership is dissolved as regards all the partners by the death assignment 455 Cap. 94 PARTNERSHIP m trust or charge of any partner, or by his assignment of his property in trust for the benefit of his creditors. (2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Ordinance for his separate debt. iUelaiityTf ^^ ^^- ^ partnership is in every case dissolved by the happening partnership of any eveut which makes it unlawful for the business of the firm to be carried on or for the members of the firm to cany it on in partnership. "'fcourt"" ^'^ ^^- *-*^ application by a partner the court may decree a dissolution of the partnership in any of the following cases: (a) When a partner is. shown to the satisfaction of the court to be of permanently unsound mind, in which case the application may be made as well on behalf of that partner by his guardian or next friend or person having title to intervene or by any other partner; (b) When a partner other than the partner suing becomes in any other way permanently incapable of performing his part of the partnership contract; (c) ^^'hen a, partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business; (d) "\^Tien a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him; (e) When the business of the partnership can only be carried on at a loss; (./) AYhenever in any case circumstances have arisen which, in the opinion of the court, render it just and equitable that the partnership be dissolved. 38. Where a person deals with a firm after a change in its constitution he is entitled to treat all apparent members of the Rights of persons dealing witli appaJ'fnt"^* oM firm as still being members of the firm until he has notice members of of the chaUge. (2) The filing of a declaration under section 12 of chapter 45 of The Consolidated Ordinances 1898 and the publication of the same in at least two consecutive issues of the gazette, shall be notice of dissolution as to persons who had not dealings with the firm before the date of filing such declaration and publication. 456 PARTNERSHIP Cap. 94 10 (3) The estate of- a partner who dies or who assigns for the benefit of his creditors, or of a partner who, not having been known to the person deaUng with the firm to be a partner, retires from the firm, is not hable for partnership debts con- tracted after the date of the death, assignment or retirement respectively. 39. On the dissoKition of a partnership or retirement of a p^f^ner^to give partner any partner may pubUcly give notice of the same, and jjptice^of^^ may require the other partner or partne s to concur for that purpose in all necessary or prope'' acts, if any, which cannot be done without his or their concuTence. 40. After the dissolution of a partnership the authority of ^^J',Jj,'J!'jij'|f each partner to bind the firm, and the other rights and obligations partners tor of the partners, continue notwithstanding the dissolution sowndingup far as may be necessary to wind up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise. 41. On the dissolution of a partnership every partner is Rights of entitled, as against the other partners in the firm, and all persons to appffcation claiming through them in respect of their interests as partners, pro'^p^erty^'^''' "^ to have the property of the partnership applied in payment of the debts and liabilities of the firm, and to have the surplus assets after such payment applied in payment of what may be due to the partners respectively after deducting what may be due from them as partners to the firm; and for that purpose any partner or his representatives may on the termination of the partnership apply to the court to wind up the business and affairs of the firm. 43. Where one partner has paid a premium to another on ^fPP°g'^\™™* entering into a partnership for a fixed term, and the partner- ^^hen ,..,.,,, ^ , . . c 1 1 • partnership ship IS cussolved before the expiration of that term otherwise prematurely than by the death of a partner, the court may order the repay- ment of the premium, or of such part thereof as it thinks just, having regard to the terms of the partnership contract and to the length of time during which the partnership has continued, ninless — (a) The dissolution is, in the judgment of the court, wholly or chiefly due to misconduct of the partner who paid the premium; or (6) The partnership has been dissolved by an agreement containing no provision for a return of any part of the premium. 43. Where a partnership contract is rescinded on the ground partJlrSiu" ■of the fraud or misrepresentation of one of the parties thereto, ^r|ud m^mTs"^ the party entitled to rescind is, without prejudice to any other representation Tight, entitled — 457 11 Cap. 94 PARTNERSHIP (a) To a lien on, or right of retention of, the surplus of the partnership assets, after satisfying the partnership liabilities, for any sum of money paid by him for the purchase of a share in the partnership and for any capital contributed by him; and is (b) To stand in the place of the creditors of the firm for any payments made by him in respect of the partner- ship liabilities; and (c) To be indemnified by the person guilty of the fraud or making the representation, against all the debts and liabilities of the firm . Rights of 44. Where any member of a firm has died or otherwise ceased partner in to bc & partner, and the surviving or continuing partners carry t^shaS-e pro^fits on the buslncss of the firm with its capital or assets without diss1>lu«'o" any final settlement of accounts as between the firm and the outgoing partner or his estate, then, in the absence of any agreement to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since the dissolution as the court may find to be attributable to the use of his share of the partnership assets, or to interest on the airiount of his share of the partnership assets. (2) Provided that where by the partnership contract an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate as the case may be, is not entitled to any further or other share or profits; but if any partner assuming to act in exercise of the option does not in all material I'espects comply with the terms thereof, he is liable to account under the foregoing provisions of this section. Retiring or 45. Subjcct to any agreement between the partners, the partnl?'s share amouut due, from surviving or continuing partners to an out- to be a debt going partner or the representatives of a deceased partner in respect of the outgoing or deceased partner's share is a debt accruing at the date of the dissolution or death. distribution of '^^' ^^ settling accounts between the partners after a dis- aslets oi final solution of partnership, the following rules shall, subject to ofMTOunts any agreement, be observed: i;' , 1. Losses, including losses and deficiencies of capital, shall be paid first out of profits, next out of capital, and lastly, if necessary, by the partners individually in the proportion in which they are entitled to share profits; 2. The assets of the firm including the sums, if any, contributed by the partners to make up losses or deficiencies of capital, shall be applied in the following manner and order: 458 PARTNERSHIP Cap. 94 12 (a) In paying the debts and liabilities of the firm to persons who are not partners therein; (5) In paying to each partner ratably what is due from the firm to him for advances as distinguished from capital ; (c) In paying to each partner ratably what is due from the firm to him in respect of capital; (d) The ultimate residue, if any, shall be divided among the partners in the proportion in which profits are divisible LIMITED PARTNERSHIPS 47. Limited partnerships for the transaction of any mer- J;^™^'!!?^^^^ cantile, mechanical, manufacturing or other business within may be fomied the Territories may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the con- ditions and liabilities hereinafter mentioned. 48. Such partnerships may consist of one or more persons o'^^lj^g'j who shall be called general partners, and of one or more persons who contribute in actual cash payments a specific sum as capital to the common stock, who shall be called special partners. 49. General partners shall be iointly and severally responsible Liability nf i/ 1 Kenerai tiiul as general partners are by law, but a special partner shall not special be liable for the debts of the partnership except in respect ''"'"'"^ of the amounts by him contributed to the capital. 50. The general partners only shall be authorized to transact^ <'"<"■='' , o r' J '11 partners only business and sign for the partnership, and to bind the same, to transact ^ ^ *• business, etc. 51. The persons desirous of forming such partnership shall ^^■'^'^^^|-^^^ '° make and severally sign a certificate which shall contain — 1. The name or firm under which the partnership is to be'^°°*™'="f conducted; 2. The general nature of the business intended to be transacted ; 3. The names of all the general and special partners interested therein distinguishing which are general and which are special partners, and their usual places of residence; 4. The amount of capital which each special partner has contributed; 5. The period at which the partnership is to commence and the periotl at which it is to terminate. 52. The certificate shall be in the words or to the effect of Form ot form A given in the schedule to this Ordinance and shall be 459 13 Cap. 94 PARTNERSHIP signed by the several persons performing the partnership, before a notary public, who shall duly certify the same. AVhere to be filed To be recorded 53. The certificate so signed and certified shall, when the principal place of business of the partnership is or is to be situate within the district of a deputy clerk of the Supreme Court, be filed in the office of such deputy clerk, otherwise it shall be filed in the office of the clerk of the said court for the judicial cUstrict in which such principal place of business is or is to be situate, and the certificate shall be recorded by such clerk or deputy clerk at full length in a book to be kept for that purpose and open to public inspection. Fees for filing and searches 54. For filing and recording each such certificate the clerk or deputy clerk shall be entitled to receive the sum of twenty- five cents, and shall also be entitled to receive from every person searching in the book where such certificate is so recorded the sum of ten cents for each such search. norfOTmeSf^ ^^' ■'^^ ^^'^'^ partnership shall be deemed to have been formed until until a certificate has been made, certified, filed and recorded as above directed ; and if any false statement is made in such certificate, all the persons interested in the partnership shall be liable for all the engagements thereof as general partners. Certificates of continuance 56. Every renewal or continuance of a limited partnership beyond the time originally fixed for its duration shall be certified, filed and recorded in the manner herein required for its original formation; and every such partnership otherwise renewed or continued shall be deemed a general partnership. What alterations to be deemed dissolution 57. Every alteration made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership, and every such partnership in any manner carried on after any such alteration has been made, shall be deemed a general partnership, unless renewed as a special partnership, according to the provisions of the next preceding section. Firm name 58. The business of a limited partnership shall be conducted under a firm name in which the names of the general partners or some one of them only shall be used; and if the name of a special partner is used in such firm name with his privity he shall be deemed a general partner. Liability of 59. Actlous in relation to the business of the partnership partners to may bc brought and conducted by and against the general '"* '"" partners in the same manner as if there were no special partner. 460 PARTNERSHIP Cap. 94 14 60. No part of the sum which a special partner has cori- Re^trktions^^ tributed to the capital shall be withdrawn by him or paid or special partners transferred to him in the shape of dividends, profits or otherwise, at any time during the continuance of the partnership ; but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such interest does not reduce the origii:ial amount of the capital; and if after the payment of such interest any profits remain to be divided, he may also receive his portion of such profits. 61. If it appears that by the payment of interest or profits ^'''h™ special .1 . . -, ^ '^ . , , 111 partner liable to a special partner the origmal capital has been reduced, the to refund partner receiving the same shall be bound to restore the amount necessary to make good his share of the deficient capital, with interest. 63. A special partner may from time to time examine into Piij;.i^eg<=s of the state and progress of the partnership concerns, and may partners advise as to their management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney or otherwise; and if he interferes contrary to these provisions he shall be deemed a general partner. 63. The general partners shall be liable to account to each General o i partners liable other and to the special partners for their management of the *» account concern in like manner as others partners. 64. In case of the insolvency of the partnership no special creditors partner shall under any circumstances be allowed to claim assplciir creditor until the claims of all the other creditors of the partner- ^^''^^"^ ship have been satisfied. 65. No dissolution of a limited partnership by the acts of dissoiutS"'^'' the parties shall take place previous to the time specified in without the certificate of its formation or in the certificate of its renewal, ™ "^''' " '^' until a notice of such dissolution has been filed in the office in which the original certificate was recorded, and has been published once in each week for three weeks in a newspaper published in the district where the partnership has its principal place of business and for the same time in The North-West Territories Gazette. 66. The provisions of the sections of this Ordinance numbered limited J /I 1 1 • 1 • in 1 T -i 1 partnerships from 2 to 46, both inclusive, shall as regards limited partner- ss. 2-45 subject ships be subject to the special provisions herein contained pmllions regarding such partnerships. 461 15 Cap. 94 PARTNERSHIP SUPPLEMENTAL. ruie's"o/°equity ^^ ' "^^^ '"^^''^ ^^ equity End of common law applicable to ra"w ™'"'"'"' partnership shall continue in force except so far as they are inconsistent with the express provisions of this Ordinance. comramce- gg, This Ordinance shall come into operation on the first Ordinance day of July, One thousand eight hundred and ninety-nine. W\ SCHEDULE. FORM A. Certificate of Partnership. We, the undersigned, do hereby certify that we have entered into co-partnership under the style or firm of {B.D. & Co.) as {Grocers and Commission Merchants), which firm consists of (A.B.) residing usually at and (CD.) residing usually at as general partners; and {E.F.) residing usually at , and (G.H.) residing usually at as special partners, the said {E.F.) having contributed :?. . . and the said {G.H.) $ , to the capital. The said partnership commenced on the day of 1 . and terminates on the day of 1. . Dated this day of A.D.I... (Signed) A.B. CD. E.F. G.H. Signed in the presence of me, L.M., Notary Public. 462 CHAPTER 95. An Ordinance respecting the Inspection of Stock. (Chapter 19 of 1899.) 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : SHORT TITLE. 1. This Ordinance may be cited as "The Stock Inspection short aae Ordinance, 1899." INTERPRETATION. 2. In this Ordinance unless the context otherwise requires — interpretation 1. The expression "brand" means any letter, sign, character, or numeral recorded as allotted to any owner and the perma- nent impression of any letter, sign, character, or numeral placed upon stock under the provisions of chapter 76 of The Consolidated Ordinances 1898; 2. The expression "commissioner" means the Commissioner of Agriculture; 3. The expression "department" means the Department of Agriculture ; 4. The expresssion "inspector" includes deputy inspector; 5. The expression "stock" includes any horse, mare, gelding, colt or filly, ass or mule and any bull, cow, ox, heifer, steer or calf. INSPECTORS AND DEPUTY INSPECTORS. 3. The commissioner may from time to time appoint such inspectors of persons as he may think fit to be inspectors of stock. 4. An inspector of stock may by writing under his hand J^spectors of appoint one or more persons to be deputy inspectors of stock, stock and the production of a writing purporting to be the appoint- ment of a deputy inspector shall be prima facie evidence of such appointment. 5. Inspectors and deputy inspectors shall tor the purposes h^'^e'^poTers of of this Ordinance have the powers of constables. constables INSPECTION BEFORE SHIPMENT. d. No person shall place any stock in a railway car unless ins"p''ected''^ such stock has first been inspected by an inspector of stock ''^'°''*' shipped 463 Cap. 95 INSPECTION OF STOCK Evidence of right to possession of stock to be produced and such inspector has issued a certificate in or to the effect of form A in the schedule hereto: [Provitlcd that no inspection shall be necessary for pure bred stock being shipped to or returned from any exhibition or fair.] Amended 1910 (2nd Session), c. 2, s. 9. ni, 7. No such certificate shall be issued by any inspector unless the shipper of such stock produces to him a memorandum of sale from the person who, from the brand or brands on such stock, appears to be the owner thereof or unless such person or his agent verbally consents to the granting of the certificate by the inspector. (2) The provisions of this section shall not apply to any shipper of cattle branded with the recorded brand of such shipper but such shipper shall before receiving the said certificate deliver to the inspector a memorandum signed by him or his agent setting forth the age, sex and brands of each animal. (3) In the case of unbranded cattle the shipper shall deliver to the inspector a inemorandum setting forth the age, sex and description of each animal and stating from whom each animal was originally acquired by him or his agent. Cancellation of certificate of inspection improperly issued 8. In case any inspector has reason to beheve that any certi- ficate of inspection issued by him was improperly issued or that the person to whom it was issued was not for any reason entitled to the same the inspector may demand the return to him of such certificate for cancellation and the person then holding the same shall thereupon return such certificate to the inspector. Slmorandum"^ ^- "^^^ Inspector bcfore issuing a certificate as mentioned in of sale section 6 hereof shall (if the memorandum described in sub- section 1 of section 6 hereof relates only to the stock then intended to be shipped, or if having applied to other stock has to them already been cancelled) cancel and retain such memora;ndum; if the memorandum relates to more animals than those about to be shipped and has not been previously cancelled the inspec- tor shall cancel it as to the animals about to be shipped and return it to the person who produced it to him. Inspection tee 10. The Inspcctor shall be entitled to a fee of five cents for every animal inspected by him under this Ordinance and the said fee shall be paid to the inspector before any certificate of inspection is given by him. BUTCHER S RECORD. HIDES. Butchere to n. Evcry butcher shall keep a record of all cattle slaugh- of cattle tered by or for him, naming therein the person from whom s aug tere obtained and his place of residence, and the age, sex, brands 464 INSPECTION OF STOCK Cap. 95 3 (if any) and marks of all such cattle, which record shall be kept at the place of business of such butcher and shall at all times be open to inspection by any person. 12. Every butcher shall keep the hides of all cattle slaugh- Hide|^^*o tered by or for him for a period of not less than thirty days and such hides shall be produced by him for the inspection of any person on order of a justice of the peace or an inspector. 13. Ever}' person other than a butcher who slaughters any™[J^|°f head of cattle shall preserve the hide of the same for a period .-iiaughteied by of thirty days and shall produce the same for the inspection of butchers any person on the order of a justice of the peace or an inspector : Provided always that such hide may at any time before the expiration of the said period be sold to any person required by this Ordinance to keep a record of hides purchased by him. 14. Every person shall keep a record of all hides of cattle J'.'i'''='\^=«,>'^ °f 111- 1-1 1 1 11 hides to keep obtained by him, which record shall state — record (a) The date of each such purchase; (5) The name and place of residence of the person from whom purchased; (c) All brands and marks on such hides, specifying dis- tinctly whether the brands are vented or not; which record shall at all times be open to inspection by any person. 15. No person other than the owner of such animal or hisp.|™°™'of agent shall remove the hide from the carcass of any cattle animai.? found dead. inspector's return. 16. Every inspector appointed under the provisions of this J^j''p^''j5='°'''^ Ordinance shall on or before the fifteenth day of January in each year make a return to the commissioner setting forth the fees and emoluments received under this Ordinance for the year next preceding, and shall at all times furnish to the com- missioner on demand therefor any information he may require. PENALTIES. 17. Any person contravening any of the provisions of this T'^']^\y l"' Ordinance shall be guilty of an offence and on summary con- Ordinance viction thereof shall be liable to a penalty not exceeding $100. MISCELLANEOUS. 18. Sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, ^^''p'^' of chapter 76 of The Consolidated Ordinances 1898 are hereby repealed. 465 4 Cap. 95 ' INSPECTION of stock Date of effect 19. This Ordinance shall come into force on the first day of July, 1899. SCHEDULE. FORM A. The Stock Inspection Ordinance. A.D. 1.. I have this day inspected for at head of stock described as follows : {Here state age, sex and brands of each animal.) Inspector of Stock. 466 CHAPTER 96. An Ordinance respecting the Remission of Certain Penalties. (1900, c. 9.) Chapter 3, 1908, substituted. 467 CHAPTER 97. An Ordinance respecting Assignments for the General Benefit of Creditors. (1900, c. 11.) Chapter 6, 1907, substituted. 468 CHAPTER 98. An Ordiiance to Secure Compensation to Workmen. (Chapter 13 of 1900.) T^HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. This Ordinance may be known and cited as "'The TFor/c- ^-'O'* '''■<= man's Compensation Ordinance." 2. It shall not be a good defence in law to any action against Negiigenre of an employer or the successor or legal representative of an workman employer for damages for the injury or death of an employee action "agliSt of such employer that such injury or death resulted from the '^'"'''°^^'' negligence of an employee engaged in a common employment with the injured employee any contract or agreement to the contrary notwithstanding. 469 CHAPTER 99. Preamble Certain patriotic grants confirmed An Ordinance to Legalize certain Municipal Grants for Patriotic Purposes. (Chapter 24 of 1900.) "VIZHEREAS the councils of certain municipalities in the Territories have at different times within the past year made grants of money to or in aid or for the benefit of Canadian troops departing for service in Her Majesty's war in South Africa or their famihes or otherwise in connection with the said war; And whereas doubts have arisen as to the power of the said councils to make such grants and the legality thereof; And whereas it is advisable to set such doubts at rest: Therefore the Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. All grants of money heretofore or hereafter made by the council of any municipality in the Territories for any loyal and patriotic purpose in connection with the war now being waged by Her Majesty in South Africa are hereby confirmed and declared to be valid and binding and within the powers of the said council. 470 CHAPTER 100. An Ordinance for Expediting the Decision of Constitutional and other Legal Questions. (1901, c. 11.) Chapter 9, 1908, substituted. 471 CHAPTER 101. An Ordinance respecting the Devolution of Estates. (Chapter 13 of 1901.) npHE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as f oIIoavs : wirbnv entitled 1. The property- of any man hereafter dying intestate and chiWren" '' °° leaving a widow but no issue shall belong to such widow abso- lutely and exclusively provided that prior to his death such widow had not left him and hved in adultery after leaving him. (2) This section shall apply to the property of any person who died before the date of the coming into force of this Ordi- nance in case no portion of the estate of such person has been distributed. 2. The mother of any person hereafter dying intestate with- 1 wife, child or father s property of such intestate. Mother entitled or'fathlr''' ° "" out a wlf e, child or father shall be entitled to the whole of the Jiifidren to" ^' ^^ *^^ distribution of personal property of any woman take hereafter dying intestate her illegitimate children shall be entitled to the same rights as if they were legitimate. Mother of illegitimate child to take 4. When an illegitimate child hereafter dies intestate without issue the mother of such child shall be entitled to any personal property which the said child was the owner of at the time of his death. (Note.— See chapter 19 of 1906.) 472 CHAPTER 102. An Ordinance respecting Official Auditors. (1901, c. 15.) Chapter 10, 1909, substituted. 473 CHAPTER 103. An Ordinance respecting Water, Gas, Electric and Telephone Companies. (Chapter 21 of 1901.) 'X'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : Application i_ The provisions of this Ordinance shall apply to every company organized, incorporated or licensed under any Ordi- nance of the Territories for all or any of the purposes hereinafter set forth. CO., c. 61, s. 88. Consent of municipality or of Commissioner of Public Works required 2. No company shall be entitled to the benefit of this Ordi- nance until it has obtained the consent of the municipal cor- poration of the city or town within which the powers hereby given are to be exercised by such company; such consent to be by by-law and to be on such terms and conditions as the by-law may provide or where the purposes of the company require the exercise of any of the said powers in any area without the limits of any city or town the consent of the Commissioner of Public Works to the exercise of such powers within such area shall also be first had and obtained. CO., c. 67, s. 89. Powers of companies 3. The company may sell and dispose of meters and gas, water, electric or telephone fittings of every description for the use of any private or public building or for any establishment, company or corporation whatsoever as well as coke, coal tar and all and every the products of their works, refuse or resi- duum arising or to be obtained from the materials used or necessary for the manufacture of gas or electricity; and every company may let out to hire meters and gas, water, electric or telephone fittings of every kind and description at such rate and rents as may be agreed upon between the consumers or tenants and the company. CO., c. 61, s. 90. Disposal of surplus power 4. Any electric light company may lease to or enter into any contract with any person or persons or body corporate or politic for the use of any power, engines, wheels or machines run by water, steam, gas or in any other manner erected by such company for the purpose of running or operating electric light plant to the end and intent that such machinery and power may be utilized and employed during the hours when the same is not required for the purpose of furnishing electric light. 474 AVATER, GAS AND ELECTRIC COMPANIES Cap. 103 '^ 5. Subject to the terms of the consent referred to in section Layin^^ mains 2 hereof the company may break up, dig and trench and use streets so much and so many of the streets, squares, highways, lanes and public places of the municipality for supplying which with gas or water or electricity or a telephone system or either of them the company has been incorporated as are necessary for laying the mains and pipes to conduct the gas or water or for placing the wires and connections to conduct the electricity from the works of the company to the consumers or users thereof or make connection with the telephone system doing no unneces- sary damage in the premises and taking care as far as may be to preserve a free and uninterrupted passage through the said streets, squares, highways, lanes and public places while the works are in progress. CO., c. 61, s. 91. 6. When any company has laid down or erected mains, ^i°™ts''"^ '^ pipes, wires or conductors for the supply of gas, water, electricity regarding ill. J. x.^ 1 r ii 1 J. mains and or a telephone system through any of the streets, squares or pipes public places of any municipality no other person or persons, bodies politic or corporate shall without the consent of the company first had and obtained nor otherwise than on pay- ment to the company of such compensation as may be agreed upon lay down or erect any main, pipe, wire or conductor for the supply of gas, water, electricity or telephone system within six feet of the company's mains, pipes, wires or conductors or if it be impracticable to cut trenches for such other mains or pipes at a greater distance than as nearly six feet as the circumstances of the case will admit. CO., e. 61, s. 92. 7. When there are buildings within the municipality the ^^pp'^J^^ different parts whereof belong to different proprietors or are in buildings possession of different tenants or lessees the company may different carry pipes, wires or conductors to any part of any building so^^anTs""^ situate passing over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, water or electricity or connect the telephone system to the property of or in the possession of another. CO., c. 61, s. 93. 8. The company may also break up and uplift all passages ^^^l^^^^^^s ^p common to neighbouring proprietors or tenants and dig or cut trenches therein for the purpose of laying down pipes, wires or conductors or taking up or repairing the same doing as little damage as may be in the execution of the powers granted by this Ordinance. CO., c. 61, s. 94. 9. The company shall make satisfaction to the owners or compensation proprietors of any building or other property or to the muni- cipality or Commissioner of Public Works as the case may be for all damages caused in or by the execution of all or any of the said powers. CO., c. 61, s. 95. 475 Cap. 103 WATER, GAS AND ELECTRIC COMPANIES compensation ascertained to?ake"^Jii™te ^^- ^'^ t'ompany shall be entitled by virtue of this Ordinance property till to take possession or make use of private property or to do any work thereon until the amount to be paid for or in respect of such property is ascertained by arbitration or otherwise and is paid or tendered to the parties entitled thereto or is paid into court for their benefit. Location of works 11. The company shall locate and construct its gas or water works or electric or telephone system and all apparatus and appurtenances thereto belonging or appertaining or therewith connected and wheresoever situated so as not to endanger the pubhc health or safety. CO., c. 61, s. 96. Limitations of ±2. NotMng Contained in this Ordinance shall authorize powers or o i • i * x i company any company or any person actmg under its authority to take, use or injure for the purpose of the company any house or other building or any land used or set apart as a garden, orchard, yard, park, paddock, plantation, planted walk or avenue to a house or nursery ground for trees or to convey from the pre- mises of any person any water already appropriated and neces- sary for his domestic uses without the consent in writing of the owner or owners thereof first had and obtained. CO., c. 61, s. 97. Privileges of other companies Individual rights Exemption from distress and seizure 13. Nothing in this Ordinance shall authorize any company to interfere with or infringe upon any exclusive privilege granted to any other company. CO., c. 91, s. 98. 14. Nothing in this Ordinance contained shall prevent any person from constructing any works for the supply of gas, water or electricity or for a telephone system to or on his own premises. CO., c. 61, s. 99. 15. Neither the service nor the connecting pipes, wires or conductors of the company nor any meters, lustres, lamps, pipes, gas or water or electric or telephone fittings nor any other property of any kind whatsoever of the company shall be subject to or liable for rent or liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be or be in any way whatsoever liable to any person for the debt of any person to and for whose use and the use of whose house or building the same may be supplied by the company notwithstanding the actual or apparent possession thereof by such person. CO., c. 61, s. 100. Company to supply buildings in line of supply on request 16. When a company has constructed works for supplying any municipality or municipalities with gas, water, electricity or telephones and the company is able so to do it shall be the duty of the company to supply all buildings situate upon land lying along the Une of any supply pipe or wire upon the same being requested by the owner, occupant or other person in charge of any such building. 476 WATER, GAS AND ELECTRIC COMPANIES Cap. 103 4 17. A company before supplying water, gas, electricity, or J?°'Xe"erarit' telephones to any building or as a condition to its continuing to from supply the same may require any consumer to give reasonable '°"" security for the payment of the proper charges of the company therefor or for carrying the water, gas^ electricity or telephone system into such building. consumers foi- ls. Nothing in the next preceding two sections contained f^^^^'^'f shall be construed so as in any way to affect the liability of|uwJy^™t any company in respect of damages on account of any failure of supply through mischance, accident or mismanagement but the position of the company in respect thereof shall remain as if the said two sections had not been passed. PROHIBITION AND PENALTIES. 19. If any person supplied by the company with gas, water, of™'Jes/etc.' electricity or telephone neglects to pay the rent, rate or charge due to the company at any of the times fixed for the payment thereof the company or anyone acting under its authority on giving forty-eight hours' notice to the persons supplied may stop the supply of gas, water or electricity from entering or being supplied to or disconnect the telephone system from the premises of the person in arrear as aforesaid by cutting oft' the service pipe or pipes, wires or conductors or by such other means as the company or its officer sees fit; and may recover the rent or charge clue up to such time together with the expense of cutting off the gas, water, electricity or telephone as the case may be in any competent court notwithstanding any contract to furnish for a longer time. CO., c. 61, s. 101. PENALTIES. 30. If any person — 1. \Yilfully or mahciously breaks up, pulls down or damages,^™'''*"''' injures, puts out of order or destroys any main, pipe, engine, waterhouse pipe, plug or other work, wire or conductor or apparatus, appurtenance or dependency thereof or any matter or thing made and provided for use in connection therewith or any of the materials used and provided for the same or ordered to be erected, laid down or belonging to any such compnay; or 2. In anywise wilfully does any other injury or damage for the purpose of obstructing, hindering or embarrassing the construction, completion, maintaining or repairing of the said works or causes or procures the same to be done; or 3. Bathes or washes or cleans any cloth, wool, leather, skin, animals or any nauseous or offensive thing or casts, throws or puts any filth, dirt or any nauseous thing in or causes, permits or suffers the water of any sink, sewer or drain to be run or be 477 Cap. 103 WATER, GAS AND ELECTRIC COMPANIES conveyed into or causes any other annoyance to be done to the water within any reservoir^ cistern, pond, source or fountain, from which the water belonging to the company is to be supplied or conveyed ; or 4. By any wrongful or improper means increases the supply of gas or water or electricity agreed for with the company; or 5. Wilfully or maliciously damages or causes or knowingly suffers to be damaged any meter, lamp, lustre, wire, conductor, service pipe or fitting belonging to any such company or wilfully impairs or knowingly suffers the same to be altered or impaired so that the meter indicates less gas, water or electricity than actually passes through the same; Such person shall on summary conviction be liable to a penalty not exceeding Entry of premises by employees of company 21. In all cases where the company may lawfully cut off and take away the supply of gas, water or electricity or dis- connect the telephone system from any house, building or premises the company, their agents or their workmen upon giving forty-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the afternoon making as little disturbance and incon- venience as possible and may remove and take away any pipe, meter, cock, branch, lamp, fitting or apparatus the property of and belonging to the company ; and any servant duly author- ized by the company may between the hours aforesaid enter any house into which gas, water, electricity or telephone system has been taken or supphed for the purpose of repairing and making good any such house, building or premises or for the purpose of examining any meter, pipe, wire, conductor, apparatus or fitting belonging to the company or used for its gas, water, .electricity or telephone; and if any person refuses to permit or does not permit the servants and officers of the company to enter and perform the acts aforesaid the person so refusing or obstructing shall incur a penalty to the company for every such offence not exceeding $20 and a further penalty not ex- ceeding $4 for every day during which such refusal or ob- struction continues to be recovered with costs on summary conviction. CO., c. 61, s. 102. Removal of fittings, etc., where service discontinued 23. Where a customer discontinues the use of the gas or water or electricity or telephone furnished or supplied by any company or the company lawfully refuses to continue any longer to supply the same the officers and servants of the com- pany may at all reasonable times enter upon the j^remises in or upon which such customer was supplied with gas or water or electricity or telephone for the purpose of removing there- from any fitting, machine, apparatus, meter, pipe, wire, con- 478 WATER, GAS AND ELECTRIC COMPANIES Cap. 103 ( ductor or other thing being the property of the company in or upon such premises and may remove the same therefrom doing no unnecessary damage. CO., c. 61, s. 102. 23. Subject to the provisions of section 12 hereof any company wiS p*riv"ate deeming it necessary or proper to conduct any of its pipes, P^Pf/^.*! wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the municipality within which the operations of the company are to be carried on and the consent of such person cannot be obtained for that purpose the company shall proceed to arbitration under the provisions of The Arbitration Ordinance; such arbitration to be by two arbitrators one to be appointed by each party. (2) The arbitrators shall determine the questions in dispute between the parties to the arbitration and shall decide as to the necessity or propriety of conducting any of the pipes, wires or conductors or carrying any of the works of the company through the lands of the other party to the arbitration if such party objects to the same being done and if such decision be in favour of the company or if no such objection is made shall adjudge what sum of money shall be paid to the owner of the property to be taken or used for the aforesaid purposes or any of them. CO., c. 61, ss. 104, 105, 106, 107. 479 CHAPTER 104. An Ordinance respecting the Exemption from Taxation of Beet Sugar Factories. (Chapter 24 of 1901.) V^/HEREAS it is desirable to promote the settlement of vacant lands in the Territories and to induce immigration by encouraging the establishment of factories for the conversion of beets into sugar; Therefore the Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: * No assess- 1. No assessmcut shall be made or levied by any munici- mado by any pality, town or village or other corporation possessing powers Scrhereafter of taxatiou or assessmeut that may be incorporated, established fSrio yrn'r*? or erected after the passing hereof upon any buildings, machi- nery, pipes or conduits or works of any kind actually in use and required for or in connection with the crushing or reducing of beets or their conversion into sugar or other saccharine products until the expiration of twenty years from the date on which this Ordinance shall come into force. e^^ilting*'^'''* 3. Nothing in this Ordinance shall be construed as affecting municipalities, or Curtailing any power of assessment or taxation now possessed by any municipality, town or village or other corporation incorporated, established or erected at the date of coming into force of this Ordinance. (Note.— See also Chapter 37 of 1906, and Chapter 20 of 1910 (2nd Session).) 480 CHAPTER 105. An Ordinance respecting Assessment and Taxation in School Districts. (Chapter 30 of 1901.) 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the [Province of Alberta], enacts as follows: Amended 1910 (2nd Session), c. 6, s. 50. SHORT TITLE. 1. This Ordinance may be cited as "The School Assessment short title Ordinance." INTERPRETATION . 2. In this Ordinance unless the context otherwise requires — interpretation 1. All words, names and expressions shall have the same meaning as is expressly or impliedly attached to them by The School Ordinance; 2. The expressions "secretary'' and "treasurer" shall include "secretary-treasurer" ; 3. The expressions "board," "assessor," "secretary" and "treasurer" shall include an official trustee appointed under the provisions of The School Ordinance; [4. The expression "judge" shall mean a judge of the District Court of the judicial district in which the school district is wholly or mainly situated.] Amended 1910 (2nd Session), c. 6, ss. 51 and 54. ASSESSOR. 3. The assessment in any village or rural district may be Assessor made by the board or any person appointed by it as assessor for the district. (2) Any member of the board may be appointed assessai-.^™^sj^e^emay (3) The expression "assessor" in any part of this Ordinance interpretation relating to village or rural districts shall mean the board or the assessor accordingly as the assessment is made by the board or an assessor. ASSESSMENT IN RURAL DISTRICTS. 4. The following sections numbers 5 to 24 inclusive shall Appjicatkm apply to rural districts only. 5 to 24 481 2 Cap. 105 SCHOOL assessment ENcmutions 5_ j^ any rural district the property exempt from assess- ment and taxation shall be — 1. All land held by or in trust for the use of any tribe of Indians ; 2. The land of the district and the land to the extent of two acres of any other district used for school purposes; 3. The land to the extent of one acre held by or for the use of any church and occupied by a building used for church purposes ; 4. The land in use as a public cemetery not exceeding twenty- five acres; 5. The land used as the right-of-way for any irrigation canal or ditch. Assessment roll g_ .\g goon as may be in each year the assessor of the district shall assess every person the owner or occupant of land in the district and shall prepare an assessment roll in which shall be set out as accurately as may be — (a) Each lot or parcel of land owned or occupied in the district and the number of acres it contains; (5) The name of either the owner or occupant or both. Assessment 7. If thc asscssor docs not know and cannot after reason- when owner , . . . , . ^ . unknown able mquiry ascertam the name ot the owner of any unoccupied lot or parcel of land in the district the same shall be deemed to be duly assessed if entered on the roll with a note stating that such owner is unknown. fchorTdistrict, 8. In cases where separate school districts have been estab- foint^^ers"' Hshcd whcuever land is held by two or more persons as joint tenants or tenants in common the holders of such property being Protestants and Roman Catholics they shall be assessed in proportion to their interest in the land in the district to which they respectively are ratepayers. CO., c. 75, s. 127. ?cho^o?*cfistrict 9- A company may by notice in that behalf to be given beTs^sesse'd^as'''^ ^^^ sccrctary of the board of any cUstrict in which a separate supporter school has bceu established and to the secretary of the board of such separate school district require any part of the land of which such company is the owner to he entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a separate school ratepayer in the assessment roll in respect of the land especially designated in that behalf in or by said notice and so much of the land as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for pubhc school purposes but 482 SCHOOL ASSESSMENT Cap. 103 3 all other land of the company shall be separately entered and assessed in the name of the company as for public school pur- poses : Provided always that the share or portion of the land any Proviso as to company entered, rated or assessed in any district for separate shares' Sta school purposes under the provisions of this section shall bear '^'^*'"'' the same ratio and proportion to the whole land of the company assessable within the district as the amount or proportion of the shares or stock of the company so far as the same are paid or partly paid up held and possessed by persons who are Pro- testants or Roman Catholics as the case may be bears to the whole amount of such paid or partly paid up shares or stock of the company. (2) Any such notice given in pursuance of a resolution in Notice to be that behalf of the directors of the company shall for all purposes '-°"*'""'"^ be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withcbawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. (3) Every such notice so given to such secretary shall remain Ni.d-e open with and be kept by him on file in his ofhce and shall at ^11*"'"^'"'°*'°" convenient hours be open to inspection and examination by any person entitled to examine or inspect the assessment roll each year. (4) False statements made in any such notice shall not relieve Fraudulent •^ p if I /IOC the company from rates but any company fraudulently giving such notice or making false statem.ents therein shall be liable to a penalty not exceeding SlOO and any person giving for a : company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to the like penalty. [(5) In the event of any company failing to give notice as hereinbefore provided, the board of trustees of the separate school district may give to the company a notice in writing in the following form or to the like effect, that is to say: The board of tmstees of the Separate School District No of the Province of Alberta hereby give notice that unless and until your company gives a notice as provided by section 9 of The School Assessment Ordinance (C. 30 of 1901), the school taxes payable by your compan}' in respect of land lying within the hmits of the Public School District No of the Province of Alberta {naming the public school district in relation to which the separate school district is established) will be divided between the said public school district and the said separate school district in value of lands assessed to individuals for public school purposes and the total amount of the assessed value of lands assessed to individuals for separate school purposes respectively. This 483 mtices Penalty Cap. 105 SCHOOL ASSESSMENT notice is given in pursuance of section , of chapter of the Statutes of Alberta, 1910. (6) Unless and until a company to which notice has been given as aforesaid gives a notice as hereinbefore provided for the whole of the lands of such company lying within the limits of the public school district shall be entered, rated, and assessed upon the assessment roll of the public school district, but the public school district shall pay to the separate school district a share of taxes collected from the company in respect of its lands equal to the proportion which the total assessed value of the lands assessed to individuals upon the assessment roll of the separate school district bears to the total assessed value of the lands assessed to individuals upon the assessment rolls of both the public and separate school districts. (7) Service may be effected upon a company of a notice under the foregoing provision by serving the same upon any person upon whom a writ of summons or other document originating proceedings may be served for the company.] CO., c. 75, s. 128; 1910 (2nd Session), c. 6, s. 55. Assessment roll 10. Upou thc conipletiou of thc Essessmeut roll the assessor shall deliver the same to the secretary of the board. Nofice to (2) The secretary shall mail to each person assessed whose alslssld address is known to him a notice of his assessment; and the entry of the date of the mailing of each such notice together with the initials of the secretary on the assessment roll shall be prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the secretary and the absence of such date and initials shall be prima facie evidence that the person's address is unknown. Copy of roll (3) After all the notices have been mailed the secretary shall eposte p^^^ ^ copy of the roll at the school house or if there be no school house in the district in some conspicuous place outside his residence and shall keep the original roll at his residence open to inspection at any reasonable time. Date of posting (4) The Secretary may enter on the assessment roll the date may^be noted ^^ which thc samc is postcd up and initial the same and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialhng by the secretary. Correction [(5) If at any time within two months after the posting of the roll it is discovered that any person [who was] liable to assess- ment [at the time of the posting of the roll] is not assessed or that there is any error in any of the particulars contained in the roll the board may direct the secretary to enter the name of such person on the roll or correct the error. Amended c. 21, 1903 (1), s. 1; 1910 (2nd Session), c. 6, s. 56. 484 SCHOOL ASSESSMENT Cap. 105 5 (6) In the event of any addition to or alteration or correction Notice to r xi n 1 _Li " !• 1 • • t parson aifected 01 the roU under the next preceding subsection without the knowledge and consent of the person affected a notice as required by subsection (2) shall be sent to such person and for the pur- poses of this and the next following section the date of mailing such notice shall as respects him be deemed to be the date of posting the roll.] 1903 (1st Session), c. 21, s. 1. [10a. No assessment shall be invalidated by reason of any error or misdescription in any assessment notice or by reason of the nonreceipt of such notice by the person to whom it is addressed.] 1910 (2nd Session), c. 6, s. 57. 11. Any person who objects to his assessment may within Appeal from fifteen days after the posting of the roll appeal from such assess- ment by giving notice of such appeal in writing to the justice of the peace nearest the residence of the secretary and such justice shall at the expiration of the time for appealing notify the secretary and appellant of the time and place when all appeals will be heard which shall be not later than thirty days after the posting of the roll. (2) At the time and place fixed by the justice of the peace ^pp^^^'f^id" the secretary shall appear and produce the assessment roll and p[°''"'^^ '°"' all documents and papers in his custody relating to the appeal. (3) ^Yith every notice of appeal there shall be paid to the Fee to justice justice of the peace by the appellant the sum of S2.00 for his fee for hearing the appeal and in the event of the appeal being allowed the justice shall order the board to pay to the appellant the amount of the fee so paid by him. (4) Every alteration in the roll necessitated by the result of Alteration in any such appeal shall be made and initialled by the justice of the peace. [(5) An appeal shall lie from the decision of the justice of the ^pp^^"° '"'^ee peace to a judge and for the purpose of such appeal the pro- visions of section 41 shall apply.] 1903 (1st Session), c. 21. s. 2; 1910 (2nd Session), c. 6, ss. 58 and 59 13. After the expiration of fifteen days from the posting of ^^te to be the roll if no notices of appeal have been given or after all appeals have been decided the board shall make an estimate of the probable expenditure of the district for the current year and shall strike such a rate not exceeding ten cents per acre on the number of acres of land in the district shown on the assess- ment roll as shall be sufficient to meet such probable expenditure. 13. The secretary shall thereupon prepare a tax roll by'^^''™" entering on the assessment roll the rate per acre struck as in the next preceding section provided and the amount of taxes payable by each person assessed for the current year. 485 Cap. 105 SCHOOL ASSESSMENT Minimum tax [Provided, howevcr, that the taxes so levied on any lot con- taining at least one acre, in any subdivision or plan, or on any fraction of a section containing at least one acre shall be at least 50c., and the taxes levied on any lot containing less than one acre in any subdivision or plan or on any fraction of a section containing less than one acre shall be 25c.] 1903 (1st Session), c. 21, s. 3; 1910 (2nd Session), c. 6, s. 60. Copy to be posted deUve?ed*to''^ 14. The Secretary if there be both a secretary and a treasurer treasurer g]^^j^ clcliver the tax roll to the treasurer as soon as may be after it has been prepared and the treasurer shall post a copy thereof in the school house or if there be no school house in the district in a conspicuous place outside his residence and retain the original at his residence open to inspection by any ratepayer at any reasonable time. SaybiSotld^ (2) The treasurer may enter on the tax roll the date on on roll which the same is posted up and initial the same and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialling by the treasurer. (3) The treasurer shall mail to each person assessed whose address is known to him a notice of the amount of his taxes and the entry of the date of mailing of each such notices with the initials of the treasurer on the tax roll shall be prima facie evidence of the mailing of the notice on the date entered with- out proof of the appointment or signature of the treasurer and the absence of any entry of such date and initials shall be prima facie evidence that the person's address is unknown. [(4) The board may by resolution allow a rebate not to exceed ten per cent, upon all taxes paid within thirty days after such taxes have become payable.] 1903 (1st Session), c. 21, s. 4. Tax notice to be sent Rebate in taxes Taxes a lien Interest on arrears [15. The taxes accruing upon or in respect of any land in the district shall be a special lien upon such land having priority over any claim, lien, privilege or encumbrance thereon except claims of the Crown. (2) In the event of any taxes remaining unpaid after the thirty-first day of December of the year in which the same are imposed there shall be added thereto by way of a penalty a sum equal to five per centum of such taxes remaining unpaid, and in the event of such taxes or any part thereof still remaining unpaid on July 1st of the year following that during which the taxes were imposed there shall be added thereto iDy way of a penalty a sum equal to five per centum of such taxes remain- ing unpaid, and such amount or amounts so added shall form part of the taxes, which by this section are created a special lien upon the land, and such penalty or penalties shall be imposed in the manner aforesaid in each succeeding year during which the said taxes remain unpaid; nothing in this section con- 486 SCHOOL ASSESSMENT Cap. 105 7 tained shall be construed to extend the time for payment of the said taxes or in any way to impair the right of distress or any other remedy hereby provided for the collection of the said taxes.] 1910 (2nd Session!, c. 6, s. 61. RECOVERY OF TAXES. 16. In case any person fails to pay the taxes assessed against °^ef ^^ ^"'' him \Yithin thirty days after the posting of the tax roll the treasurer may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the district or of any goods and chattels found upon the land in respect of which the taxes are due the property of or in the possession of any other occu- pant of the premises and the costs chargeable shall be the same as those allowed in the schedule to chapter 34 of The Con- solidated Ordinances 1898. (2) The treasurer shall by advertisement posted up in at least five public places in the district give at least ten days' public notice of the time and place of sale and the name of the person if known for payment of whose taxes the property is to be sold and at the time named in the notice the treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes due with all lawful costs including $1 for posting notices. (3) If the property distrained has been sold for more than the amount of taxes and costs and if no claim to the surplus is made by anj' other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (1) If the claim is contested such surplus money shall be paid over by the treasurer to the clerk of the [District Court] within whose jurisdiction such school is situated v^ho shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. Amended 1910 (2nd Session), c. 6, s. 62. 17. Any taxes or arrears of taxes due to a district may be^"'* ^°'' ^^^^^ recovered by suit in the name of the board as a debt due to the district; in which case the tax roll shall be prima facie evidence of the debt. (2) For the purpose of this section all taxes shall be deemed to be due on the day on which the tax roll is posted up as pro- vided in section 14 hereof. 18. The treasurer shall enter all amounts paid him for taxes Taxes paid to on the original tax roll opposite the lot or parcel of land in roli*° "^ respect of which such payment is made; and shall issue an official receipt for all such payments. 487 Cap. 105 SCHOOL ASSESSMENT diwT n^* (^) Payments made on account of taxes due in respect of any payments land shall be first applied in payment of arrears of taxes due in respect of such land since the first day of January, 1902. Return of unpaid taxes Application to judge for appointment for con- firmation RETURN OF UNPAID TAXES. 19. The treasurer of every district shall within the first fifteen days of January in each year make a return verified by his solemn declaration to the [Minister of Public "Worlig] in such form as may by the [Minister of Public Works] be from time to time prescribed showing all lands in the district in re- spect of which taxes have not been paid together with the years for which such taxes are due [and such return shall be binding upon the district in so far as the same may affect any purchaser or mortgagee in good faith of the lands in respect of which the return is made]. Amended 1910 (2nd Session), c. 6, ss. 52 and 63. (2) The return for all purposes shall be prima facie evidence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Ordinance have been taken and observed. [(3) The treasurer shall continue to collect arrears of taxes after sending in his return of arrears; but in every case where he receives payment of arrears he shall report such paj^ment to the Minister of Public ^Yorks within ten days after the receipt thereof in order that the same may be noted on the return from his district which is on file in the department; throughout the year he shall notify the said Minister of Public Works of any change which it may be necessary to make on his return. [(4) The treasurer shall, however, cease to collect arrears when notified by the Minister of Public Works that forfeit- ure proceedings in respect to lands in his district have been commenced. [(5) In case the treasurer of any district neglects or refuses to forward to the Minister of Public Works the return provided for in subsection (1) hereof, such district shall, at the dis- cretion of the Minister of Education forfeit the sum of five dollars out of any government grant which may have been earned and to which the district is entitled for each week such return is delayed.] 1910 (2nd Session), c. 6, s. 64. 20. On application by the Attorney General of the [Province of Alberta] or some advocate authorized by him to a judge of [a District Court] in chambers such judge may appoint a time and place for the holding of a court for the confirmation of the return mentioned in the preceding section notice of which shall be published in every issue of the official gazette for two months and once each week for at least eight weeks in a local paper published in the vicinity of the lands entered on such return to be named by the [Minister of Public Works]. 488 SCHOOL ASSESSMENT Cap. 105 I (2) A notice of the time and place fixed for confirmation of such return shall be sent by [registered] mail at least sixty days prior to the time so fixed to each person who appears by records of the proper land titles office or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired and whose post office address is shown by said records or retui'n; and the entry against such lands of the date of mailing such notice together with the initials of the clerk of the department mailing the same shall without proof of the appointment or signature of the said clerk be prima facie evidence that the required notice was mailed on the date so entered. Amended 1910 (2nd Session), c. 6, ss. 50 and 52, 65 and 66. 31. [At the time and place so appointed the judge shall hear Adjudication the application and also any objecting parties and the evidence adduced before him; he shall thereupon adjudge and deter- mine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default and report the adjudication to the said Attorney General; he shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over two years naming the amounts of such arrears severally due and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application; and the effect of such adjudication when registered as hereinafter provided shall be to vest in His Majesty in the right and to the use of his Province of Alberta the said lands freed from all liens, mortgages and encumbrances of any nature and kind whatsoever subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by the payment to the Minister of Public Works of the amounts named including expenses as aforesaid together with the redemption fee of five cents for each and every acre in the parcel so redeemed and any subsequent taxes paid by the said Minister of Public Works, but no redemption fee shall be less than -12.] (2) For the purposes of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (3) In the event of any person successfully opposing confirma- tion of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the [Minister of Public Works]. (4) A copy of such adjudication certified by the [Minister of Public Works] shall be forwarded to the registrar of land titles of the land registration district in which the lands named in the adjudication or any of them are situated; [and it shall be the duty of the registrar to register the same against the lands therein named]. 489 10 Cap. 105 SCHOOL ASSESSMENT [(5) A copy of such adjudications shall also be sent by regis- tered mail to the persons to whom by subsection (2) of section 20 hereof notice of the time and place fixed for confirmation of the return is required to be sent and such persons or any of them shall be entitled to redeem the lands as herein provided. [(6) Where the word "taxes" occurs in subsection 1 of this section and in sections 22 and 24 hereof the same shall be construed as extending to and including the addition or addi- tions as the case may be of the amount or amounts added by way of penalty as provided for in subsection 2 of section 15 of the said Ordinance as amended herein.] Amended 1910 (2nd Session), c. 6, ss. 50 and 52, 67, 68 and 69. Payment after gg. If any pcrsou interested in [anyl parcel of land contained appointment . ^ ^ ..,'-„''-'^^ . 'in in the return presented to the judge tor connrmation as provided by section 21 of this Ordinance pays the taxes upon such land before the date fixed for confirmation of such return but after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue be liable to pay the sum of [$1] for each quarter section or portion thereof for costs of application to the judge and advertising and postage in connection with such proceedings; and any sums so paid shall form part of the [general] revenue. Amended 1910 (2nd Session), c. 6, s. 70. Order vesting title in Crown [33. When the taxes on any parcel of land together with the expenses and redemption fee provided for in section 21 hereof have been paid to the Minister of Public Works within one year from the date of such adjudication the said Minister of Public Works shall issue to the person paying the taxes a certificate in form Q in the appendix to this Act which cer- tificate shall on presentation to the registrar of the land regis- tration district in which the lands named therein are situated be registered by him free of charge and without proof of the signature thereto, and the said certificate when so registered shall discharge and release the said lands from the said adjudi- cation and the effect thereof. (2) If the said certificate of redemption has not been received by him as aforesaid the registrar shall on the request of the Minister of Public Works issue free of charge a certificate of title to the land not so redeemed in favour of His Majesty in the right and to the use of his Province of Alberta.] 1910 (2nd Session), c. 6, s. 71. Payment of taxes by Minister] after confirmation 34. So soon as the return of the treasurer has been confirmed the [Minister of Public Works] shall pay to the treasurer the amount of taxes adjudged in arrears on each parcel of land deducting therefrom any charges he may have been re(iuired to pay; and thereafter while owned by His Majesty the said land shall be assessed in the name of the [Minister of Public 490 SCHOOL ASSESSMENT Cap. 105 11 Woi'ks] who shall pay taxes as if the land were assessed to an ordinary individual. (2) Vpon a sale of every such parcel of land any surplus derived from such sale over and above the amount of all sums paid by the [Minister of Public Works] in respect thereof for taxes or otherwise howsoever together with six per cent, per annum thereon to the extent of all arrears of taxes whether imposed before or after the coming into force of this Ordinance which have not theretofore been paid to the treasurer of the district shall be paid to him. Amended 1910 (2nd Session), c. (), ss. 52 and 72. ASSESSMENT AND TAXATION IN VILLAGE DISTRICTS. 25. The following sections numbers 26 to 87 inclusive shall ^pp'i^'^t'i? ?* , ... T • 1 sections 26 to apply to Village districts only. S7 26. All property real and personal in any village district Property not herein declared exempt from taxation shall be subject ^q^"^"^"^ assessment and taxation for school purposes. (2) The property exempt from taxation under the provisions e^'=™p*'°°^ of this Ordinance shall be — 1. All the property held by His Majesty or for the public use of the [Province of Alberta]. Amended 1910 (2nd Session), c. 6, s. 50. 2. All property held by or in trust for the use of any tribe of Indians or the property of the Indian department; 3. Where any person is occupant of or interested in any property mentioned in either of the two preceding clauses otherwise than in an official capacity the occupant or person interested shall be assessed in respect thereof but the property itself shall not be liable beyond the interest of the person assessed; 4. The buildings and grounds to the extent of two acres of all public and separate schools and the personal property belong- ing to the same being used for school purposes and under the management of the Department of Education of the Terri- tories; 5. A building used for church purposes and not used for any other purpose for hire or reward and the lot or lots whereon it stands not exceeding one-half acre except such part as may have any other building thereon; (i. Any land in use as a pubhc cemetery not exceeding twenty- five acres; 7. The annual income of any person derived from any source; 8. Grain, hay, household effects of every kind, books and wearing apparel ; 491 12 Cap. 105 SCHOOL assessment 9. The increase in the value of the land by reason of the annual cultivation thereof together with the growing crops or by reason of the cultivation of trees ; 10. All works constructed, operated and used in connection with irrigation ditches as well as the ditches themselves operated under and subject to the provisions of The North-West Irrigation Ad 1898: Provided however that should any such works and ditches be not operated during one year then such works and ditches shall not be exempt from taxation during the year following that in which said works were not operated. CO., c. 75, s. 132. Assessment roll 27. As soou as may be in each year the assessor shall prepare an assessment roll for the district in which sha,ll be set down according to the best information available a list of all taxable property in the district with the na,mes of the occupants and owners if such can be procured and such roll may be in form E in the appendix hereto. CO., c. 75, s. 130. Sfmption ^""^ ^^' -^ person owning or occupying property not liable to from taxation taxation may compel the assessor on written demand to assess him for such property in order that he may thereby be qualified for voting or holding office. CO., c. 75, s. 133. ?sses?ed°* *° ^^ ^9. Land and personal property shall be assessed to the person in occupation or possession thereof unless in the case of a nonresident owner such owner shall in writing require the assessor to assess him alone for such property. t^x^eT"^"^ (2) Taxes may be recovered by any of the manners herein authorized either from the owner or occupant. CO., c. 75, ss. 134, 136. Assessment 30. Real and personal property shall be estimated at their cash value actual cash value as they would be appraised in payment of a iust debt from a solvent debtor. CO., c. 75, s. 138. Stock in trade 31. Xu assesslug stock-in-trade the assessor shall assess a person, firm or corporation for the amount of the average stock-in-trade kept on hand by such person, firm or corporation during the twelve months immediately prior to the date of assessment [or in case such person, firm or corporation kept stock-in-trade on hand for a shorter period, then only during such shorter period]. CO., c. 75, s. 139; 1910 (2nd Session), c. 6, s. 73. requirr""^ 33. Any person may be required by the assessor to deliver statement to Mm & Written statement of all property for which he is hable to be assessed with such other information as to owner, occupant, location and value or other necessary particulars as may be k, tuSi demanded and if he fails to do so or knowingly makes any 492 SCHOOL ASSESSMENT Cap. 105 13 false statement such person shall upon complaint of the assessor forfeit and pay a fine not exceeding $50 to be recovered upon Penalty summary conviction. CO., c. 75, s. 140. 33. The assessment roll shall be completed by the first day completion of April or so soon thereafter as may be in each year and the° assessor shall before handing the roll over to the secretary of the board make an affidavit which shall be inscribed upon the roll that the statements contained therein are correct to the best of his knowledge and belief and the roll when so verified,, .^ ,. • i ■ • 1 !• 1 1 • ■ 1 Verification shall be prima facie evidence of the statements therem contamed. CO., c. 75, s. 141. 34. The assessor shall thereupon deliver the assessment roll °^g^^J;.g^a^^ '■°" to the secretary of the board who shall file the same and endorse thereon the date of such filing. CO., c. 75, s. 143 in part; 1900, c. 26, s. 13. 35. The secretary shall until the sitting of the court of revision Assessment at all resonable times keep the roll open to the inspection inspec'tion "' of all persons resident or owning or in the possession of prop- erty within the district or the agents of such persons appointed in writing and the overseer of the village may have access to the assessment roll at all reasonable hours. CO., c. 75, s. 143 in part. COURT OP REVISION. 36. Within ten days after the filing of the roll the board fi^;^?'?,f<^^*^ °* shall appoint a day, hour and place when it shall sit as a court ™^^'°" of revision and it shall cause to be posted up at least twenty days before the meeting of such court in at least five conspicuous places within the district one of which shall be the post office therein notices as in formF in the appendix hereto. (2) The court of revision shall be held not earlier than forty days nor later than fifty days after the filing of the roll: Provided that in the event of no appeal being received as provided by sections 38 and 39 of this Ordinance the holding of the court of revision may be dispensed with. CO., c. 75, ss. 145 in part, 146. 37. Within ten days after the time for holding the court of Notice of revision has been fixed the secretary shall give notice in writing ''^^^^^""'° by post or otherwise to every person whose name appears upon the assessment roll and whose address is known in form G in the appendix hereto. CO., c. 75, s. 144 (1). 38. Any person complaining of an error or omission in regard Appeal to court to himself as having been wrongfully inserted in or omitted" from the roll or as having been overcharged by the assessor in the roll may personally or by his agent give notice in writing 493 14 Cap. 105 SCHOOL ASSESSMENT Notice to be given to the secretary that he considers himself aggrieved for any or all of the causes aforesaid. (2) The notice shall be given to the secretary at least five days before the day fixed for the sitting of the court of revision. CO., c. 75, s. 144 (2). to"I!ss'eisment ^^' ^^ ^'^y ratepayer thinks that any person has been assessed of tiiird party too high or too low or has been wrongfully entered on or omitted from the roll or that any property of any person has been mis- described or omitted from the roll he may not later than fifteen days before the day fixed for the court of revision give notice in writing to the secretary and the secretary shall forthwith give notice in writing to each person with respect to whom a complaint has been made in form J in the appendix hereto. CO., c. 75, s. 144 (3). Court of revision Adjournment of sitting Roll final when passed Amendment of whole roll 40. At the time appointed unless there are no appeals the board shall sit as a court of revision to consider all appeals and complaints that have been received by its secretary in accord- ance with the provisions of this Ordinance in that behalf and it shall have power to take evidence under oath and shall alter and amend the roll if necessary in accordance with its decision in each case. (2) The court of revision may adjourn from time to time but no adjournment shall be for a longer period than one week. (3) The roll as finally passed by the court and certified by the secretary as passed shall except in so far as the same may be further amended on appeal to a judge of the Supreme Court be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect or error or misstatement in the notices required by sections 36, 37 and 39 of this Ordinance or the omission to deliver or transmit such notices. (4) The court of revision may if in its discretion it deems proper declare the whole roll void and in that event a new assessment shall be made in accordance with the provisions of this Ordinance as if no assessment had been made. CO., c. 75, ss. 145 in part, 147, 148. APPEAL FROM COURT OF REVISION. Appeal to 41. If any person is dissatisfied with the decision of the District Court coui't of revisiou he may appeal therefrom to a judge of the [District] Court. In all cases of such appeals the proceedings shall be as follows — Notice of appe al 1. The person appealing shall in person or by his upon the secretary of the school district within agent serve eight days after the decision of the court of revision a written notice of his intention to appeal to a judge of the [District] Court in which shall be stated the grounds of appeal; 494 SCHOOL ASSESSMENT Cap. 105 15 2. The secretary shall immediately after the time limited for fist of appeals • tor 1 uclEft filing notice of appeals forward a list of all appeals filed to the judge of the [District] Court usually exercising jurisdiction in the judicial district of which such district forms a part or if such district forms a part of more than one judicial district then to the judge whose official residence is nearest the district and the judge shall thereupon appoint a time and place for holding a court to hear such appeals and shall notify the secretary of such appointment; 3. The secretary of the district shall be the clerk of suchcierk of court court ; 4. The secretary shall thereupon give notice to all the parties Notice of , . 1 1 1 ■ i • 7i • hearing apoeal s appeaung and appealed agamst m the same manner as is pro- vided for giving notice on a complaint to the court of revision specifying the time and place when and where the appeal will be hearil but in the event of failure by the secretary to have the rec|uired service of notice in any appeal made or to have the same made in proper time the judge may direct semce to be made for some subsequent clay upon which he may sit; 5. The secretary of the district shall cause a conspicuous ^-^^* "/^^gp*^^'^- notice to be posted up in his office or the place where the board ported holds its sittings containing the names of the appellants and parties appealed against with a brief stateinent of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals; 6. At the court so holden the judge shall hear and determine ^p'p^J^I'j^ °^ the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure but so that all . . appeals may be determined before the first day of September: ™' Provided that the judge may either before or after the said first day of September in his discretion extend the time for the determination of appeals beyond the said first day of Septem- ber upon proof that the assessment roll was not complete in time to allow of such appeals being determined prior to the said date; 7. At the court to be holden by the judge to hear and deter- roiilnd'"'' "^ mine the appeals hereinbefore provided for the person having p^^^^-'' '" charge of the assessment roll passed by the court of revision shall appear and produce such roll and all papers and writing in his custody connected with the matter of appeal and such correction roll shall be altered and amended if necessary according to the °^ "" decision of the judge who shall write his initials opposite any part of the said roll in which any alteration or amendment is made unless the decision is not then given in which case the secretary of the district shall when the decision is given forth- with alter and amend the roll if necessary according to the same and write his name opposite every such alteration or amendment ; 495 16 Cap. 105 SCHOOL ASSESSMENT Powers of judge Intituling process Allowances for costs Judgment final 8. In all such proceedings the judge shall possess all the powers for compelling the attendance and for the examination on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments as belong to or might be exercised by him in the [District] Court; 9. All process or other proceedings in, about or by way of appeal may be intituled as follows: "In the matter of appeal from the court of revision of the district of A.B. Appellant, and CD. Respondent;" 10. The costs of any proceeding before the judge as aforesaid shall be paid by or apportioned between the parties in such manner as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the [District] Court or in the same manner as upon an ordinary judgment for costs recovered in such court ; 11. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their attendance and none other the same to be taxed according to the allowance in the [District] Court for such costs; and in case where execution issues the like costs thereof as in the said court and of enforcing the same may also be collected thereunder; 12. The decision and judgment of the judge shall be final and conclusive in every case adjudicated upon. CO., c. 75, s. 149; 1900, c. 26, s. 14; 1909, c. 4, s. 6. RATE OP TAXATION. Rate to be struck Rate limit 42. So soon as the assessment roll has been finally revised by the board as aforesaid they shall make an estimate of the probable expenditure of the district for the current year and shall strike such a rate of assessment on the assessed value of the taxable property within the district for the school they represent as shall be sufficient to meet such probable expendi- ture making due allowance for charges and probable loss in collection. (2) Such rate shall not exceed twelve mills on each dollar of property liable to taxation for ordinary school purposes with such additional rate per dollar as may be necessary to meet any debenture indebtedness that may have been incurred by such district on the terms upon which it was incurred. 496 SCHOOL ASSESSMENT Cap. 105 17 [Provided, however, that in the event of the total tax of any person being less than $2 under this section the tax payable by him shall be S2.] CO., c. 75, ss. 150, 151; 1909, c. 5, s. 4. COLLECTION OF TAXES. 43. The board shall cause to be made out of collector's roll collector's rou for the district on which shall be set down the name of every contents person assessed, the assessed value of his real and personal property and the amount with which such person is chargeable according to the rate of taxation struck in respect of sums ordered to be levied by the board with any other particulars that may be necessary and such roll shall be placed in the hands of the treasurer or collector duly appointed by the board. (2) The board may by resolution allow a rebate not to exceed R^^^*^ '" *"-'"='' ten per cent, upon all taxes paid within thirty days after the same have become payable. [(3) In the event of any taxes remaining unpaid after the thirty-first day of December of the year in which the same were imposed there shall be added thereto by way of a penalty a sum eciual to five per centum of such taxes so remaining unpaid, and in the event of such taxes or any part thereof still remaining unpaid on July 1st of the year following that during which the taxes were imposed there shall be added thereto by way of a penalty a sum equal to five per centum of the taxes remaining unpaid, and such amount or amounts so added shall form a part of the taxes which by section 53 of the said Ordinance as amended herein are created a special lien upon the land, and such penalty or penalties shall be imposed in the manner aforesaid in each succeeding year during which the said taxes remain unpaid; nothing in this subsection con- tained shall be construed to extend the time for payment of the said taxes or in any way to impair the right of distress or any other remedy provided by this Ordinance for the collection of the said taxes.] CO., c. 75, s. 152; 1910 (2nd Session), c. 6, s. 74. 44. As soon as the treasurer or collector shall have received JJoJ!^^t°"''» the collector's roll he shall remit or cause to be remitted by mail or otherwise to each person whose name appears upon it as assessed for taxes whose address is known a notice in form L in the appendix hereto. (2) If the board appoints some person other than the trea- surer to be collector such person before receiving any money as such collector shall furnish security in the same manner and to the same amount as is required by The School Ordinance in the case of the treasurer. C.O., c. 75, s. 153. 45. The treasurer or collector as the case may be shall give Receipt and receipts on behalf of the district for all taxes paid to him and payment 497 18 Cap. 105 SCHOOL ASSESSMENT shall enter the fact of such payment with the date on the collec- tor's roll. Appropiiations ^o) Payments made on account of taxes due upon any land shall be first applied in payment of arrears of taxes due upon such land. CO., c. 75, s. 154. name*""^'" 46. The trcasurcr or collector shall notify the board from to boarf" time to time of the names of persons who fail to pay the taxes assessed against them and the board may take or authorize to Action thereon be takcu such Ectiou for the collection of such taxes as is here- inafter provided. CO., c. 75, s. 155. 47. In case any person fails to pay the taxes assessed against him within the thirty days specified in the notice provided by section 44 of this Ordinance the treasurer or collector may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the school district or of any goods and chattels found upon the premises assessed the property of or in the possession of any other occupant of the premises and the costs chargeable shall be those allowed in the schedule to chapter 34 of The Consolidated OrcUnances 1898. CO., c. 75, s. 156. Levy by distress Costs dfitra/ned ^^- '^'^^ trcasurcr shall by advertisement posted up in at property least three public places in the school district and also by pub- lishing the same in a newspaper published in or near to the said school district give at least six days' public notice of the time and place of sale and the name of the person for payment of whose taxes the property is to be sold and at the time named Procedure [^ ^j^g noticc the trcasurcr or collector or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes assessed with all lawful costs including the cost of advertisement. CO., c. 75, s. 157. S'lmpius" 49. If the property distrained has been sold for more than the amount of taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (2) If any such claim is made by the person for whose taxes the property was distrained and the claim is admitted the sur- plus shall be paid to the claimant. (.3) If the claim is contested such surplus money shall be paid over by the treasurer or collector of the district to the clerk of the Supreme Court within whose jurisdiction such school is situated who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. CO., c. 75, s. 158. 498 SCHOOL ASSESSMENT Cap. 105 19 50. The taxes may be recovered by suit as a debt due toR^^^ryof the district in which case the production of the collector's roll debt or a copy of so much thereof as relates to the taxes payable by the person and certified as a true copy by the secretary of the district shall be prima facie evidence of the debt. CO., c. 75^ Evidence s. 159. ARREARS OF TAXES. 51. The treasurer or collector as the case may be shall on Return of n,' or before the first day of December in each year return the collector's roll to the secretary of the board with an account of Account all moneys received by him accompanied by an affidavit made,, .„ ,. ,/. ..„,^ ,^ 1.1 Verincatiou before a justice 01 the peaec or other person authorized to take affidavits that the collection and other proceedings have been taken in accordance with the terms of this Ordinance and that all the returns contained therein are correct. CO., c. 75, s. 160. 53. The treasurer or collector as the case may be shall at Return of the same time make a return verified by affidavit as provided in the next preceding section of all property upon which the taxes or any portion thereof remain unpaid. (2) A copy of such return shall be kept on file by the secretary copy to be of the district and shall be open to inspection of the ratepayers of the district or their agents. CO., c. 75, s. 161. inspection [53. The taxes accrued upon or in respect of any land in tj^^^^s special the district shall be a special lien upon such land and have priority over any claim, lien, privilege or encumbrance thereon ^"""'■^' except claims of the Crown.] 1910 (2nd Session), c. 6, s. 75. 54. Such accrued taxes shall be entered upon the collector's collection of roll of the district against such property from year to year and the payment of such taxes shall be enforceable at all times in any of the manners provided by this Ordinance for the enforce- ment of the payment of taxes. CO., c. 75, s. 163. 55. Whenever the treasurer or collector is satisfied or is Distress for notified by the board that there is sufficient distress upon any '^''''''^'''* real property within the district which is in arrears for taxes he may proceed to levy the amount due in the manner and under the same provisions as are contained in sections 47, 48 and 49 of this Ordinance. CO., c. 75, s. 164. SALE OF LAND FOR TAXES. 56. Whenever any portion of the taxes on any land has j^jft^o^^'^^** been due for two years from the first day of January in the year in which the same was imposed whether imposed before or after the coming into force of this Ordinance the treasurer shall submit to the chairman a list in duplicate of all the lands in his book on which taxes are so due with the amount of arrears 499 20 Cap. 105 SCHOOL ASSESSMENT Warrant to treasurer to sell against each lot set opposite to the same and the treasurer shall authenticate each such lists by affixing thereto the seal of the corporation and his signature and one of such lists shall be deposited with the secretary and the other shall be given to the treasurer with a warrant thereto annexed under the hand of the chairman and seal of the board commanding him to levy upon the land for the arrears due thereon with costs and the said treasurer is hereby authorized to sell the same. CO., c. 75, s. 165. Only listed lands to be sold 57. The said treasurer shall not sell any lands which have not been included in the list furnished him as aforesaid. CO., c- 75, s. 166. Publication of list Contents Notice of tax sale to be published in the gazette 58. The treasurer shall prepare a copy of the list of lands to be sold as authorized by this Ordinance and shall include therein in a separate column a statement of the proportion of costs chargeable on each parcel for advertising and the sum of twenty-five cents for each parcel advertised for sale and shall cause the said list to be published at least once a week for four consecutive weeks in at least one newspaper published in the school district or if there is no newspaper published therein in the newspaper published nearest to the school district. (2) The treasurer shall also cause to be published in The [Alberta] Gazette during two consecutive issues of the same between the date of the first publication in the newspaper above mentioned and the date of sale notice in form N in the appendix hereto. CO., c. 75, s. ir57; 1910 (2nd Session), c. 6, s. 50. Advertisement Date and place of sale 59. The advertisement in a newspaper shall contain notifi- cation that unless the arrears of taxes and costs are sooner paid the treasurer will proceed to sell the land for taxes on the day and at the place mentioned in the advertisement. CO., c. 75, s. 168. Hour of sale Descriotion of lands 60. Eveiy such notice shall specify the place, day and hour at which the sale shall commence and each lot or parcel of land shall be designated therein by a reasonable description few- registration purposes. CO., c. 75, s. 169. All lots saleable to be included O-Tiissions 61. All the lots or parcels liable for sale in the school district shall be included in the same statement and notice but any neglect or omission to include any lands liable for sale in the said list shall not be held to invalidate the sale or to prevent the sale of such omitted land on any future occasion for all arrears of taxes that may be due thereon. CO., c. 75, s. 170. ?fYaio"'' '^'"'^'^ ^^- '^^^ *^^y °^ ^^^^ shall not be less than ten days nor more than forty days after the last publication of the list and the sale shall take place at such place in the district as the board 500 SCHOOL ASSESSMENT Cap. 105 21 shall bj' resolution appoint and in the absence of such appoint- ment at such place in the district as the treasurer in his said notice shall name. CO., c. 75, s. 171. 63. If at any time appointed for the sale of lands no bidders Adjournment appear the treasurer may adjourn the sale from time to time: Provided always that no such adjournment shall be for a period exceeding fifteen days. CO., c. 75, s. 173. 64. At the place, day and hour appointed for the sale oil^°^^^f"^s lands if the taxes thereon including costs and charges have not previously been paid the treasurer shall offer the lands for sale by public auction and in so doing shall make and declare the amounts stated in the lists as the taxes due with the charges and costs as the upset price on each respective lot or parcel as offered for sale and shall thus sell the same to the highest bidder ^^^^^^ ^^^^ or to such person as may be wilUng to take it at the upset price there being no higher bidder but subject to redemption as hereinafter provided for. CO., c. 75, s. 174. 65. If no bidder appears for any land for the full amount saie to boai^d of arrears of taxes, costs and charges the treasurer shall there and then sell the same to the board at the upset price. CO., c. 75, s. 175. 66. If the land sells for a greater sum than the taxes due where land together with all charges thereon the purchaser shall only be than amXlt required to pay at the time of sale the amount of said taxes °^ *'*"'"" and charges and the balance of the purchase money shall be payable within one calendar month after the time of redemp- „ ^ , . l:8,yrricnt of tion of said land shall have expired without the same having purchase been redeemed within the time limited and if the said balance ™°"^^ of purchase money shall not be so paid by the purchaser, his heirs or assigns within the time above prescribed he and they shall forfeit all claim to the said land and to any transfer or ^^^^^^^ ^y conveyance thereof as well as the amount paid at the time of purchaser sale and such land shall thereupon cease to be affected by said sale. CO., c. 75, s. 176. 67. If the purchaser of any parcel of land fails immediately famng'^to'^ to pay the treasurer on account of said purchase the amount '^'^^ """^ claimed for arrears of taxes and charges the treasurer shall forthwith again put up the property for sale. CO., c. 75, s. 177. 68. The treasurer after selling any land for taxes shall give J';«|'^™ *°^^g to the purchaser a certificate describing the land as advertised stating the amount of taxes and costs paid and the total amount of purchase money and further saying that a transfer of the same to the purchaser or his assigns shall be executed by the treasurer on his or their demand within one month after the expiration of one year from the date of the certificate if the 501 22 Cap. 105 SCHOOL ASSESSMENT land be not previously redeemed upon payment of the balance of the purchase money if any remains unpaid and upon payment of $2 for said transfer. CO., c. 75, s. 178. Rights of purchaser 69. The purchaser shall on receipt of the treasurer's certifi- cate of sale become the owner of the land so far as to have all the necessary rights and powers for protecting the same from spoliation or waste until the lands may be redeemed [but he shall not knowingly permit any person to cut any trees or underwood growing upon the land or otherwise injure the same nor shall he do so himself but he may make any other use of the land which will not depreciate its value ; the purchaser shall not be liable for any damage done to the land without his knowledge while the certificate of sale is in force]. CO., c. 75, s. 179; 1910 (2nd Session), c. 6, s. 76. statement of lands sold Inspection of 70. A statement of the land so sold for arrears of taxes with the names of the respective purchasers, the date of sale, the time of redemption and the amount required to redeem shall within thirty days of the date of sale or adjourned sale be made out and signed by the treasurer in duplicate and one copy shall be kept by the treasurer and the other deposited with the secretary and either of the said lists may be inspected at any time during office hours for a fee of ten cents for each lot of which inspection is desired. CO., c. 75, s. 180. Redemption of lands sold REDEMPTION OF LANDS SOLD. 71. The owner of any land which may hereafter be sold for taxes or his heirs, executors, administrators or assigns or any other person on his or their behalf [but in his or their name only] may at any time within one year from the date of sale exclusive of that date redeem the land sold by paying to the treasurer before the hour of three o'clock in the afternoon of the said last day for redemption for the use and benefit of the purchaser or his legal representatives the sum paid by him together with ten per centum thereon and any further or other tax or sum which shall have been imposed or levied against said land and paid by the purchaser before the date of redemption and the treasurer shall give the party paying such redemption money a receipt stating the sum paid and the object thereof and such receipt shall be evidence of the redemption. (2) The treasurer shall before giving such receipt ascertain from the purchaser what further or other tax or sum if any has been paid by him under the authority of this section. CO., c. 75, s. 181; 1910 (2nd Session), c. 6, s. 77. Sale to be as 72. For the purposc of this Ordinance the day of sale shall be advertfsed the day ou which the sale was atlvertised to take place without 502 SCHOOL ASSESSMENT Cap. 105 ' 23 reference to any adjournment or adjournments and all certifi- cates shall be dated as of that day. CO., c. 75, s. 182. 73 From the time of payment to the treasurer of the full '^'^ redemption *ii ^ ■ r\ ^• purchaser s amount of redemption money required by this Ordinance all rights cease rights and interests of the purchaser shall cease. CO., c. 75, s. 183. 74. "Whenever such redemption is effected by a person not Jp'g''j^?J,^°', \^^ specially authorized the treasurer shall mention in the receipt autiwr zed rGCi66iriiiiE given by him for the redemption money the name and designa- tion of the person paying the same, the name of the person on whose behalf the payment is made and every redemption receipt shall be made out in triplicate, one copy shall be given to the person paying the redemption money, one shall remain on file in the office of the treasurer and the third shall be trans- mitted to the secretary by the treasurer. CO., c. 75, s. 184. 75. The treasurer shall also immediately after the redemp- °^jj™<^™p*-'°° tion of any land give notice by registered letter to the party purchaser appearing by his books to be the purchaser of the same apprising him of the fact of such redemption and the amount of money paid in for such purpose. CO., c. 75, s. 185. TRANSFER IN CASE OF NONREDEMPTION. 76. If the land be not redeemed within the period allowed Land not by this Ordinance then on demand of the purchaser, his heirs'" """""^ or assigns or other legal representatives at any time after the expiration of the time limited for the redemption upon payment of the balance of purchase money as aforesaid and of the further sum of ¥2 the treasurer shall prepare and execute and deliver to him or them a transfer of the land sold in form P in the appendix or to the like effect: Provided that any land sold to the school board under the proviso provisions of this Ordinance as hereinbefore provided shall be transferred to the board immediately on expiration of the Transfer to time allowed for redemption without charge. CO., c. TS^^oard s. 186; 1910 (2nd Session), c. 6, s. 78. 77. Such transfer shall upon confirmation of the sale by a Transfer judge vest in the purchaser all rights of property which the hJ'nd from'' original holder had therein and shall also purge and release '■'"'"' "^^""ses such land from all payments, charges, liens, mortgages and encumbrances of whatever nature and kind other than existing hens of the school district or Crown and local improvement, irrigation district and village taxes and whenever lands are sold for arrears of taxes and the treasurer shall have given a transfer thereof such transfer shall notwithstanding any informahty or defect in or preceding such sale be valid and binding to all intents and purposes except as against the Crown. CO., c. 75, s. 189 in part; 1910 (2nd Session), c. 6, s. 79. 503 24 Cap. 105 SCHOOL assessment 78. After the expiration of one year from the date of any such transfer the sale and transfer may be set aside only upon its being shown either — 1. That there has been fraud or collusion; or 2. That all taxes have been paid; or 3. That the land was not liable to assessment. CO., c. 75, s. 187 in part. ILLEGAL SALES. LIABILITY OF BOARD. iawiity *"""■"• '^ 79. In no case shall the board of any district be Uable for limited damages or costs in any suit brought to set aside a tax sale or be liable for any damages or costs arising therefrom or incur any liability other than in case of a sale declared void by a competent court that of refunding to the purchaser the amount of money actually received with legal interest. CO., c. 75, s. 196. \Vhen title in Crown 80. When the title of any land sold for arrears of taxes is vested in the Crown the transfer thereof in whatever form given shall be held to convey only such interest as the Crown may have given or parted with or may be willing to recognize or admit that any person possesses under any colour of right whatever. CO., c. 75, s. 188. TAX S.\LES FUND. Tax sale fund gi. The treasurcr shall keep a separate account in a chart- ered bank at the joint credit of the chairman and treasurer of all sums paid to him as balances of purchase money on lands sold for arrears of taxes and not redeemed and shall enter in a book the amount received from the purchaser of any lot sold by him over the taxes and charges against said lot with date of sale and of receipt of balance and the aggregate amounts so received shall form a fund to be called the tax sales fund and the treasurer shall in the month of January in each year and on request at any other time furnish a statement to the board Lapse to board givJug the particulai's respecting such fund and whenever any biiancS™*''^ portion of such fund shall have remained to the credit of the account for six years from the day of sale of the land of the purchase money of which it forms a part without any notice of a claim or order for payment having been served on him as here- inafter provided any right to such portion or sum so remain- ing unclaimed shall be forfeited ancl thereafter it shall be the absolute property of the board and the said board shall forever be discharged from any claim on account thereof. CO., c. 75, s. 189. ^afifflnd ^'''^ ^^- ^^y person claiming to have been interested in any parcel of land sold for taxes and transferred as aforesaid which 504 SCHOOL ASSESSMENT Cap. 105 25 shall have realized more than the amount due for taxes and charges shall be entitled to claim and receive the said overplus or sum of any portion thereof specified in the order hereinafter mentioned provided that a written notice is served upon the treasurer previous to the time limited for forfeiture upon pro- ducing and leaving with the treasurer within six months f rom p^^^^^^j.^, j^^ the date of service of such notice of claim an order signed by a p^of "f "'aim judge reciting that it had been proved to the satisfaction of the said judge that the claimant was at the time of sale inter- ested in the said land and requiring the school board to pay the said surplus money or the portion thereof specified in the order to the said claimant and such or any judge's order for payment of any part of the said tax sales fund shall be kept by the treasurer and shall be the warrant and authority for Judge's order making such payment. CO., c. 75, s. 190; 1910 (2nd Session), ""■p'^^™™' c. 6, s. 80. 83. In seeking to obtain a judge's order any claimant upon ? ^ge"" *° the said fund shall in person or by advocate petition the judge in writing for that purpose describing the land sold and setting forth the particulars of the said sale and the title under which the said money is claimed and shall at the same time furnish such evidence of title as may be necessary for proving his title Evidence or interest to the satisfaction of the judge and the facts set forth in the petition shall be verified by affidavit so far as may be necessary to satisfy the judge of the bona fide nature of the claim and the said judge may in his discretion require the claimant to serve a notice of his application upon the board or publish the same in any manner he may deem proper or sub- stantiate his claim in any other manner and the judge may TOurT™* '"'° in his discretion order the said money to be paid over to the clerk of the Supreme Court there to be dealt with in such manner as the court shall order and in such case a copy of his order stating the reason therefor shall be filed in the said court and sei-ved upon the treasurer. CO., c. 75, s. 191. 84. The same fees shall be paid upon any application made ^^'^^ under the last preceding section as are payable in respect of applications in chambers for a judge's order in any suit for damages in which the same amount is involved. CO., c. 75, s. 192. 85. In any case where the judge deems it advisable to order ^°f^|°^ ^<=''°°' notice to be served upon the board he shall in the final decision of the question if the claimant is successful order the costs of the board to be paid out of the fund in question or by the claim- ant in case the claimant fails. CO., c. 75, s. 193. 86. The fact of claiming any surplus held to the credit ofg^l™^,*" any lots sold for taxes in the said tax sales fund shall be con- admits ^^ sidered an admission of the validity of the sale of the lot in sale 505 26 Cap. 105 SCHOOL assessment question by the claimant and the said claimant and all claiming by, through or under him shall from and after the time of making such claim be debarred from taking any proceeding to question or set aside such sale notwithstanding that the said claim shall have been made within the time otherwise lirr.ited for taking any proceedings to invalidate any tax sale and the said sale shall thereafter be held to be in all respects valid and binding as against the claimant and those claiming by, through and under him as aforesaid. CO., c. 75, s. 194. quest"toned 87. Within ten days after the commencement of any suit lub^ict to o'' proceeding to set aside or question a sale for arrears of taxes order of court the plaintiff shall cause the treasurer to be notified in writing of the fact of the action or proceeding having been commenced and the treasurer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute but by'^court"" shall hold the same subject to the order of the court and in case the plaintiff succeeds the court shall order the said surplus to be repaid to the defendant, the tax sale purchaser or his proper representatives and in case the plaintiff fails in such action or proceeding to set aside such sale but proves to the satisfaction of the court that he was at the time of sale the lawful owner of the said land and the person entitled to the said surplus mone}' according to the true intent and meaning of this Ordinance then in such case the court shall order such surplus money to be paid over to the plaintiff or his proper representatives upon and after payment by the said plaintiff of such costs of the defendant as he may have been ordered by the court to pay. CO., c. 75, s. 195. ASSESSMENT AND TAXATION IN TOWN DISTRICTS. 88. The following sections numbers 89 and 90 shall apply to town districts only. Assessment 89. Whcrc a district is situated within a municipality the i^ municiraiity trustccs may as soon as may be after the final revision of the assessment roll of the municipality make a demand on the council of such municipality for the sum required for school purposes for the then current year; but such sums shall not exceed an amount equal to fifteen mills on the dollar according to the last revised assessment roll on the property liable to assessment in such district for ordinary school purposes with such additional amount as may be necessary to meet any deben- ture indebtedness that may have been incurred anil may be coming clue. (2) For the purposes of this section any portion of a town district which is not within the limits of a municipality shall be deemed to be within the limits of the municipahty and the provisions of The Municipal Ordinance or of any special Ordi- nance creating such municipality and any amendments thereto 506 SCHOOL ASSESSMENT Cap. 105 27 shall apply to such portion as if the same formed a part of the municipality. CO., c. 75, s. 120. [(3) In the event of a town district being situate partly Po^t^'™^°Jj^^ within a town municipality and partly within a rural munici- outside to be pality for the purposes of this section the portion within the to'w"" rural municipality shall be deemed to be within the town muni- '^""i"P'''''>' cipality. (2) Any assessment heretofore made by any town munici- validating pality of any portion of the town district situate within a rural""''"''*™''" " municipality shall be as valid as if made after the passing of this Orchnance.] 1903, (1st Session) c. 21, s. 6. 90. Subject to the provisions of this Orchnance and of Thef^°v^''^ School Ordinance the property liable to assessment and taxation assEssment for school purposes shall be the property hable to assessment and taxation for municipal purposes. VILLAGE AND TOWN DISTRICTS. 91. The following sections numbers 92 and 93 shall apply to village and town districts only. 93. In cases where separate school chstricts have been estab- afs'triS*'' **°°' lished whenever property is held by two or more persons as joint tenants or tenants in common the holders of such property being Protestants and Roman Catholics they shall be assessed Assessment of in proportion to their interest in the property in the district ^°'"' °^™'"^'' to which they respectively are ratepayers. CO., c. 75, s. 127. 93. A company may by notice in that behalf to be given to f gj^™*'' ^=''°°' the secretary-treasurer of any municipality wherein a separate ^mpany may school district is either wholly or in part situated and to the as supporter secretary of the board of any public school district in which a separate school has been established and to the secretary of the board of such separate school district require any part of the real property of which such company is either the owner and occupant or not being such owner is the tenant or occupant or in actual possession of and any part of the personal property if any of such company liable to assessment to be entered, rated and assessed for the purposes of said separate school and the proper assessor shall thereupon enter said company as a sepa- rate school supporter in the assessment roll in respect of the property specially designated in that behalf in or by said notice and so much of the property as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for pubhc school purposes but all other property of the company shall be separately entered and assessed in the name of the company as for pubhc school purposes : 507 28 Cap. 105 SCHOOL ASSESSMENT Proviso as to proportion of shares held distiict Notice to he continuing Notice open inspection Assessor to examine Fraudulent notice Penalty Provided always that the share or portion of the property of in any company entered, rated or assessed in any municipality or in any school district for separate school purposes under the provisions of this section shall bear the same ratio and pro- portion to the whole property of the company assessable within the municipality or school district as the amount or proportion of the shares or stock of the company so far as the same are paid or partly paid up, held and possessed by persons who are Protestants or Roman Catholics as the case may be bears to the whole amount of such paid or partly paid up shares or stock of the company. (2) Any such notice given in pursuance of a resolution in that behalf of the directors of the company shall for all purposes be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. '° (3) Every such notice so given to such secretary-treasurer shall remain with and be kept by him on file in his office and shall at all convenient hours be open to inspection and exam- ination by any person entitled to examine or inspect the assess- ment I'oll and the assessor shall in each year before the com- pletion and return of the assessment roll search for and examine all notices which may be on file in the clerk's office and shall thereupon in respect of said notices if any follow and conform thereto and to the provisions of this Ordinance in that behalf. (4) False statements made in any such notice shall not relieve the company from rates. Any company fraudulently giving such notice or making false statements therein shall be liable to a penalty not exceeding $100. Any person giving for a company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to a like penalty. [(5) In the event of any company failing to give a notice as hereinbefore provided for, the board of trustees of the separate school district may give to the company a notice in the following form or to the like effect that is to say: The board of tinistees of the Separate School District No of the Province of Alberta hereby give notice that unless and until your company gives a notice as provided for by section 93 of The School Assessment Ordinance (C. 30 of 1901) the school taxes payable by your company in respect of land lying within the limits of the Public School District No of the Province of Alberta will be divided between the said public school district and the said separate school district in shares corresponding with the total amount of the assessed value of lands assessed to individuals for public school purposes and the total amount of the assessed !08 SCHOOL ASSESSMENT Cap. 105 29 value of lands assessed to individuals for separate school pur- poses respectively. This notice is given in pursuance of section of the Statutes of Alberta, 1910. [(6) Unless and until a company to which notice has been given as aforesaid gives a notice as hereinbefore provided for, the whole of the real property of which the company is either the owner and occupant or not being such owner is the tenant or occupant or in actual possession of, and the whole of the personal property if any of the company liable to assess- ment shall be entered, rated and assessed upon the assessment roll of the public school district, or of the municipality, as the case may be, as if for public school purposes, but the public school district shall pay to the separate school district a share of the taxes collected from the company in respect of such property equal to the proportion which the assessed value of the property assessed to individuals upon the assessment roll of the separate school district or assessed to individuals as separate school supporters upon the assessment roll of the municipality, as the case may be, bears to the total assessed value of the property assessed to individuals upon the assess- ment rolls of both the public and separate school districts or upon the assessment roll of the municipality, as the case may be. [(7) Service may be effected upon a company of a notice under the foregoing provisions by serving the same upon any person upon whom a writ of summons or other document originating proceedings may be served for the company.] CO., o 1^. s. 128; 1910 (2nd Session), c. 6, s. 55 (2). MISCELLANEOUS. 94. In cases where separate school districts have been estab- separate lished where land is owned by a Protestant and occupied by''" °° a Roman Catholic or vice versa such land shall be assessed Assessment of ^^ owner to the owner. CO., c. 75, s. 126. 95. The [Minister of Education] may by order notice ofjiinister which shall be published in the official gazette declare that f or may'd"e'dar°e" the purposes of this Ordinance and any assessment and tax- ^jf i*^™*^^^ ation thereunder any district shall be deemed to be a village or 'o™" district town district and thereafter all the provisions of this Ordinance relating to village and town districts respectively shall apply thereto and to any municipality within which any such district declared to be a town district is wholly or partly situated: [Provided that the said Minister of Education may also by order, notice of which shall be published in the official gazette, declare that any district, the status of which has been changed as provided for in this section, shall be deemed to be a rural district and thereafter all the provisions of this Ordinance relating to rural districts shall apply thereto.] 1903 (1st Session), c. 21, s. 7; 1910 (2nd Session), c. 6, ss. 53 and 81. £09 30 Cap. 105 SCHOOL ASSESSMENT Lieutenant Governor in Council may adjust accounts between municipality and I'ural of village scliool 96. In the case of any district situated wholly or partly within the limits of any municipality which under the pro- visions of this or any other Ordinance becomes or is declared to be a rural or village district the Lieutenant Governor in Council may make such orders, provisions and appointments as to him may appear necessary for the adjustment, arrangement and settlement of all accounts between any such district and the municipality within which it is wholly or partly situated. Execution Direction to s^ieiiff Copj' writ and statement for treasurer Nonpayment one month, sheriff to strike execution rate Sheriff's precept to treasurer Column in tax roll Levy of rate Keturn of precept Surplus EXECUTIONS AGAINST SCHOOL DISTRICTS. 97. Any writ of execution against the board of any district may be endorsed with a direction to the sheriff to levy the amount thereof by rate; and the proceedings thereon shall be the following — 1. The sheriff shall deliver a copy of the writ and endorse- ment to the treasurer or leave such copy at the office or dwelling house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy such execution including such amount of interest calculated to some day as near as is convenient to the day of service; 2. In case the amount with interest thereon from the day mentioned in the statement be not paid to the sheriff within one month after the service the sheriff shall examine the assess- ment roll of such district and shall in like manner as rates are struck for general school purposes strike a rate on the dollar or on the acre as the case may be on the assessable property in the said district sufficient to cover the amount clue on the execution with such addition to the same as the sheriff deems sufficient to cover the interest and his own fees up to the time when such rate will probably be available; 3. He shall thereupon issue a precept or precepts under his hand and seal of office directed to the said treasurer and shall by such precept after reciting the writ and that the said board had neglected to satisfy the same command the said treasurer to levy or cause to be levied such rate at the time and in the manner by law reciuired in respect to the general school rates ; 4. At the time for levying the annual rate next after the receipt of such precept the treasurer shall add a column to the tax roll in the said district headed "Execution rate of A.B. v. Board of School District" (or, as the case may be, adding a column for each execution if more than one) and shall insert therein the amount by such precept required to be levied upon each person respectively and shall levy the amount of such execution rate as aforesaid; and such treasurer so soon as the amount of such execution or executions is collectcLl shall return to the sheriff the precept with the amount levied thereon; .5. The sheriff shall after satisfying the executions and all fees thereon return any surplus within ten days after receiving the same to the said treasurer for the general purposes of the said district; 510 SCHOOL ASSESSMENT Cap. 105 31 6. The treasurer shall for all purposes connected with carry- T^?ajj"™"' court ing into effect or permitting or assisting the sheriff to carry into effect the provisions of this Ordinance with respect to such executions, be deemed to be an officer of the court out of which the writ issued and as such shall be amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel him to perform the duties hereby imposed upon him. CO., c. 75, s. 212. 98. In the foregoing section the word "treasurer" shalP'"''''"'"'''' mean — 1. In the case of a village or rural district the treasurer of the school district; 2. In the case of a town district the secretary-treasurer of the municipality. CO., c. 75, s. 213. 99. In case of the absence of the treasurer of any village or Absence of rural district and the refusal or neglect of the board to appoint refusal to act some other person in his place or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 97 hereof the sheriff upon application to a judge of the Supreme plj^el^,'^ Court may be invested with full power and authority to assess, levy, collect and enforce payment in the same manner as assess- ors, collectors and treasurers are authorized to do by this Ordi- nance of such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal expenses including such allowance for the costs, levy, collection and enforcement of payment as the judge may allow: Provided that any person may within one month from the date of the notice by the sheriff of assessment by him apply to the sheriff to revise such assessment in any respect as to which such person might have appealed to a court of revision and if the sheriff refuses such application appeal may be had to a judge of the Supreme Court on application to him within eight days after the sheriff's decision of which application notice in writing shall be given to the sheriff and on such application the judge may proceed as in the case of an appeal from a court of revision. C.O. c. 75, s. 214. FORMS. ICO. The several forms in the appendix to this Ordinance to suit the case or forms to the like effect shall be deemed good, valid and sufficient. 101. This Ordinance shall come into effect on the first day Commence- of January, 1902. 511 32 Cap. 105 SCHOOL ASSESSMENT O 05 c3 CD c3 CD O H-l < Ph P c^ O 6h X O o CO o a z S3 H < j9jn ;:o( SBAi SU8JX )I I|OJ XB» pa:jsod JO A 1[0J 3J03g 061' ■■"::::■. i ''P uo pa^jsocl eBJtt juarassassB sjqx O < < H o Z SB G < (paiTBUi aopou i{OBa aa^jB ua^^uM aq ox) 2 siBpiui s,jajnsBaJX aopou xb;^ ^ SUIITBUI JO a^BQ '-' anp o saxBi lB:^ox ^ «& 2061 'X 'u^f "lojj anp S9XB:^ JO sjBajav 0= e© 1 jBa^ :juajjno joj qq &axBj jo lunomv 1 e© 1 ajOB aq:j uo uoTiBXBi JO a:»BH "" " 1 II H 2; S CO (pa^iBUi aopou qoBa aaijB us'iiuM. aq ox) ® S]BT;mT s,XjBjajoag aoi^on ^nauissassB SmiiBui JO a^BQ "^ passassB sajOB JO jaqran^ ^ Hi 0- 1 (State sec'n township, range or number of lots, etc., as 1 case may be) 3 — — — Post office address 2 Name of ratepayer (Enter name of own- er and occupant if any. If owner is unknown enter unknown.) 1 ^ ? 1 ][oa uo 0^ - ■^'^03 ■^ S- CO 03 s = 5 c £ ^ ^Si O >.-:: 2 o «^^£ 5/ C V 13 -^ ^ ^ ^ a, ^ 3 ^ = a 5=^ ' - 5'g'm b = 2-5 "S *5 S e o .3 pi— I t» n 512 SCHOOL ASSESSMENT Cap. 105 33 FORM B. For Rural Districts. [Section 10 (2)]. ASSESSMENT NOTICE of The School District No of the [Province of Alberta]. To P.O. You are hereby notified that your name appears on the assessnaent roll of the above named school district for the year 190 . . as the owner {or occupant) of and that you are assessed for acres of land. You are further notified that if you object to this assessment you must appeal to the justice of the peace nearest to my resi- dence within fifteen days after the posting of the assessment roll otherwise the assessment will stand. Dated at .... this day of 190. Secretary (or Secretary-Treasurer.) Residence of Secretary (or Secretary-Treasurer) Sec. .Tp. . . R. ..M.. FORM C. For Ratepayers in Rural Districts. {Section 11.) NOTICE OF APPEAL. To Justice of the Peace. P.O. 513 Q 34 Cap. 105 SCHOOL assessment You are hereby notified that I appeal from my assess- ment in School District No of the [Province of Alberta] for {description of property and number of acres) on the ground that and that I wish to have this my appeal considered by you. (Signature) Dated at this day of . . 190.. Note. — ^A fee of $2 must accompany this notice or be delivered to the justice of the peace if the notice is handed to him. FORM D. For Rural Districts. [Section 14 (3).] TAX NOTICE of The School District No . . . .of the [Province of Alberta]. To P.O. You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 190 . . f or acres of land the taxes on which at the rate of cents per acre amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to $ and you are required to pay the same forthwith. i [The land for which you are assessed is {here describe the land) .] Treasurer {or Secretary-Treasurer.) Dated at this day of 190.. 514 o Co e o o o3 (S -h^ o; ^li ^ 02 s Q o •^ o "u o r5^ rC ^ o cc o Secretary's Initials (To be written after each notice CC mailed.) Q O O iSSl ^SSMENT ho d_^ tB, a c3 gj o ■"is Q Total Value of Real and Personal Prop- erty o ee Value of Personal Property o m Description of Per- sonal Property (Cattle, horses, etc., machinery, wagons, etc.; book accounts, debts, income, etc., etc.) o o a w Description of Real Property (Section, town- ship, range, etc., lot, block, etc., buildings, etc. 0) Is O d P^ Name of Ratepayer (Enter name of owner and occupant if any. If owner is unknown, enter "un- known.") O a o o lio^ no -OM c^ Cap. 105 35 s o M-l fi a> ;>,ct( fTl .tn^ ■^ 4 '^ r < .^In m :2So) si I O OJ c d a> ■aj3'0 ^"^ rt O Oj H^:£a 5 515 36 Cap. 105 SCHOOL assessment FORM F. For Village Districts {Section 36.) NOTICE OF SITTING OF COURT OF REVISION. Notice is hereby given that the assessment roll for The S.D. No. . of the [Province of Alberta] has been completed and the same may be examined at and the board of trustees at the said school district will sit as a court of revision to hear assessment appeals at on the day of 190 . . , at the hour of o'clock .m., and no person who does not appear at the said time and place will be entitled to appeal from the decision of the said court of revision to a judge of the Supreme Court, Dated at this day of 190. Secretary. FORM G. For Village Districts. {Section 37.) ASSESSMENT NOTICE of The School District No., .of the [Prov- ince of Alberta]. To P.O. You are hereby notified that your name appears on the assessment roll of the above named school district for the year 190 . . as the owner {or occupant) of the following property {give description of property) which is assessed at $ The board of trustees of the said district will sit as a court of revision {mention day, hour and place at which court of revision is to be held) and if you consider that you have been wrongly assessed as above stated you will have an opportunity to make a statement of your case before the said court. 516 SCHOOL ASSESSMENT Cap. 105 37 Take notice that if you do not give notice in writing of appeal to the secretary of the board five days previous to the sitting of the court of revision and if you do not appear before the said court either in person or by agent you will not be entitled to appeal from its decision to a judge of the Supreme Court. {Secretary. Dated at this .... day of 190.. FORM H. For Ratepayers in Village Districts. (Section 38.) NOTICE OF APPEAL. To Secretary of School District, p.o- You are hereby notified that I object to my assessment in The School District No ... of the [Province of Alberta] on the ground that and that I wish to have my appeal considered by the court of revision. (Signature) . . . . Dated at this day of 190. 517 38 Cap. 105 SCHOOL assessment FORM I. For Village Districts. {Section 39.) NOTICE TO PARTY WHOSE ASSESSMENT IS APPEALED AGAINST. To P.O. Take notice that you are required to attend tlie court of revision for the S.D. No of the [Province of Alberta] to be held {give day, hour, place of sitting of the court) in the matter of the complaint by applicant that you are assessed too high {or too low or not a bona fide ratepayer or as the case may be.) Secretary. FORM J. For Ratepayers in Village Districts {Section 41.) To. NOTICE OF APPEAL. (From decision of court of revision.) Secretary School District. You are hereby notified that I appeal to a judge of the Supreme Court from the decision of the court of revision of The School District No . . . of the [Province of Alberta] with respect to my assessment in the said district for {give description of property and assessed value) on the ground that {state grounds of appeal) . {Signature) Dated at this day of 190 . . 518 SCHOOL ASSESSMENT O CD I— I !-< Cap. 105 39 03 O Pi '> o M S as o Pi s o Q 'o yj O M CO ■» ■* S o •<7i tS ^ i~ ^ o en i s s Q □ o o OT Treasurer's Initials (To be written after each notice mailed.) -1 0) 3 o S e2 O 3 Amount of Taxes for Current Year f3 ^ o c = Assessed Value of Real and Personal Property o e@ si |5 Name of Ratepayer (As shown on As- sessment Roll . If owner ia unknown enter "unknown.") IPH ^0 -ojsr 519 40 Cap. 105 For Village Districts. {Section 44.) SCHOOL ASSESSMENT FORM L. TAX NOTICE. The School District No of the [Province of Alberta]. To. .P.O. You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 190. .for property valued at $ the taxes on which at mills on the dollar amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to $■ and you are required to pay the same within thirty days after the date of this notice. Treasurer. Dated at. this . day of .190, For Village Districts. {Section 58.) FORM M. LIST OF LANDS m The School District No of the [Province of Alberta] to be sold for taxes as authorized by The School Assess- ment Ordinance. Description of Property Arrears of taxes Cost of Adver- tising Fee under Ordinance Total charge against each parcel (Give full and accurate description of property sufficient for registra- tion.) 520 SCHOOL ASSESSMENT Cap. 105 41 Notice is hereby given that unless the arrears of taxes and costs as shown in the above list are sooner paid I will on the day of 190. . ., at the hour of . . . . o'clock .m., at (give place of sale) proceed to sell the lands shown in the above list in respect of which the said arrears and costs are payable. Date of first insertion in newspaper 190., Treasurer. FORM N. For Village Districts. (Section 58.) Notice for insertion in Gazette. NOTICE. Notice is hereby given that on the day of at the hour of. . . .at (give name of place in particular) there will be offered for sale by public auction in accordance with the terms and provisions of The School Ordinance providing for the sale of lands for arrears of school taxes certain lands situated in township . ... range . . . . , west of the meridian, being part of the lands forming (give name of school district) particulars regarding which lands may be found in the issues of (give name, dates and place of issue of newspaper.) Treasurer. P.O. Address FORM 0- For Village Districts. (Section 69.) treasurer's certificate. This is to certify that at a sale of land for taxes due to The School District No of the [Province of Alberta], held under the provisions of The School Assessment Ordinance (give name, address and occupation of purchaser), purchased (give description of property purchased) for the sum of $ (give purchase price) and that the said (give 521 42 Cap. 105 SCHOOL assessment name of purchaser) has paid thereon the sum of $ being amount of taxes and costs against the said land. Upon payment of the balance of the purchase money and upon payment of a fee of $2.00 a transfer of the above men- tioned land to the said {name of purchaser) or his assigns shall be executed by the treasurer of the said district on his or their demand within one month after the expiration of one year from the date of this certificate if the said land be not previously redeemed as provided in the said Ordinance. Treasurer. Dated at this day of 190. FORM P. Village Districts. {Section 77.) TRANSFER OF LAND ON SALE FOR TAXES. I of being treasurer of The School District No of the [Province of Alberta] by virtue of authority to sell lands for arrears of taxes vested in me by warrant under the hand of the chairman of the board of trustees of the said school district and the seal of the said board and by The School Assessment Ordinance do hereby in consideration of the sum of dollars paid to me by of being the price for which the said land was sold at a sale by me on the day of 190 . . . . , f or arrears of taxes due on the said land to the said school district transfer to the said all that piece of land being In witness whereof I have hereunto set my hand and the seal of the said board of trustees this day of 190 . Signed by the above i named in |> the presence of ... j 522 SCHOOL ASSESSMENT Cap. 105 43 FORM Q. (See Section 23 (1).) Certificate of Redemption. This is to certify that the following lands, viz. : . . as to which an adjudication under the provisions of section 23 of The School Assessment Ordinance bearing date the ... day of ' . was made by His Honour Judge of the District Court of the judicial district of in the Province of Alberta, have been under the provisions of the said section redeemed, and the said lands are therefore discharged and released from the said adjvidication and the effect thereof. Dated at Edmonton in the Province of Alberta this, day of 19 . . . Minister of Public Works. 523 Short title Ititerpretation CHAPTER 106. An Ordinance to Regulate Public Aid to Schools. (Chapter 31 of 1901.) 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. This Ordinance may be cited as "The Schools Grant Ordi- nance." 2. In this Ordinance unless the context otherwise requires — 1. The expression "assessable land" shall mean land in respect of the ownership or occupancy of which some person is assessed; 2. All words, names and expressions shall have the same meaning as is expressly or impliedly attached to them in The School Ordinance. Grants to 3. lu aid of schools Organized and conducted under the provisions of The School Ordinance there shall be paid out of any legislative appropriation made for that purpose — ^^^^^ 1. To rural districts an amount to be calculated as follows: (a) To each district containing 6,400 acres or less of assess- able land as shown by the last revised assessment roll of the district [$1.20] per day for each day school is kept open; to each district containing less than 6,400 acres as aforesaid one cent more per day for each 160 acres or fractional part thereof less than 6,400 acres; and to each district containing more than 6,400 acres as aforesaid one cent less per day for each additional 160 acres or fractional part thereof; 1904, c. 10, s. 1. {b) To each district whose school is kept open more than 160 days in the year 40 cents per day for each addi- tional day not exceeding 50; (c) To each district engaging a teacher who holds a first class professional certificate under the regulations of the department 10 cents per day for each day such teacher is actually employed in the school; (d) To each district whose school maintains a percentage of attendance as set forth in the following schedule the sum set opposite thereto for each day school is kept open: 524 SCHOOL GRANTS Cap. 106 SCHEDULE. A percentage of from 40 to 50 inclusive . 5 cents i ( ii 51 " 60 (i . 10 cents ii a 61 " 70 ii . . 15 cents i( ii 71 " 80 ii ..20 cents ii ii 81 " 100 ii . .25 cents 2. To village and town districts an amount to be calculated village as follows : *"<^ '°'"° (a) To each district the sum of 90 cents per day for each day its school is kept open; (6) To each district engaging a teacher who holds a first class professional certificate under the regulations of the department 10 cents per day for each day such teacher is actually employed in the school; (c) To each district whose school maintains a percentage of attendance as set forth in the following schedule the sum set opposite thereto for each day school is kept open : SCHEDULE. A percentage of from 50 to 60 inclusive . 5 cents i( ii 61 " 70 ii . . IQ cents ii ii 71 " 80 ii . . 15 cents ii ii. 81 " 90 ii . .20 cents ii Ii 91 " 100 11 . .25 cents 3. To each district whose school attains a minimum grading For equip- on its efficiency in respect to grounds, buildings, equipment, government and progress a sum not exceeding fifteen cents per day to be paid in proportion to such grading for each day school is kept open; and such grading shall be based upon the inspector's report or reports as prescribed by the regulations of the department. 4. To each town or village district maintaining one or more g''j^|J:^°^^j_d ^ rooms exclusively for pupils in standards above the fifth the »» town and sum of $75 per term provided the daily average attendance of pupils in such room or rooms for any such term classified in accordance with the regulations of the department is at least twenty : Provided that no grant shall be paid to any district under ^^inimum^ the provisions of this section unless an average attendance of six is maintained in its school for the term immediately preced- ing the time when the payment of the grant may be due; Provided further that the grant payable to any rural district Minimum under subsection (a) of clause 1 of this section shall not be P^g™/"'^^^^ less than 90 cents per day for each day the school is kept open; i («) Provided further that any and every amount payable to Maximum any district under this section shall not unless otherwise pro- ^ly^" °^ vided be payable for more than 210 days in any calendar year; 525 Cap. 106 SCHOOL GRANTS Not to exceed 70 per cent, of teacher's salary Payable at end of each ternj Or end of school year raTkaTa"" *° Provided further that in any. district where more than one district teacher is employed each room shall rank as a district under the provisions of clauses 1, 2 ,and 3 of this section when the average attendance of the whole school shall at least equal twenty pupils to each teacher employed; Provided further that if the sum of the grants payable to any district under clauses 1 or 2 of this section shall exceed 70 per cent, of the salaiy actually earned by the teacher or teachers employed in the district during the year the amount of the grant payable at the end of the second term of the year shall be reduced so that the total amount of the grant paid shall equal the said 70 per cent.; Provided further that payments may be made in respect of the amounts earned under clause 1 or clause 2 of this section at the end of the school terms ending on the thirtieth day of June and the thirty-first day of December in each year on receipt of the returns hereinafter provided and on receipt of the treasurer's bond and teacher's agreement as provided in The School Ordinance; Provided further that in case the school of any district is open only during a portion of the year payment may be made to such district in respect of the amounts earned under clause 1 or clause 2 of this section as soon as the school closes for the year on receipt of the returns, bond and agreement mentioned in the next preceding proviso; Provided further that when the return of the treasurer of any district as hereinafter provided shows that the district is indebted to any teacher or teachers the grant payable to such district under clause 1 or clause 2 of this section or such portion of it to the amount of such indebtedness shall be paid pro- portionately to such teacher or teachers; Provided further that the grant earned by any district under clause [3] of this section shall be paid to such district at the end of the school year and in case the school of any district is not inspected during the year the district shall be paid for such year such grant as it may be entitled to upon the basis of the grading its school attains on the first inspection in the following year. Amended 1910 (2nd Session), c. 6, s. 84. 4. Any district whose school has been closed on account of the absence of the teacher in attending a teachers' institute or convention held under the regulations of the department shall be entitled to all grants as if the school had been actually in operation during such period. School closed 5. If in any district the school has been closed by the written disease Order of a duly qualified medical practitioner on account of the prevalence within the district of any disease the Lieutenant Governor in Council may pay grants in respect of such days as the school has been closed but in no case shall such grants be paid for more than thirty teaching days in the calendar year. 52G Payable to teacher for arrears of salary Under clause 4 if no inspection Teacher attending convention SCHOOL GRANTS Cap. 106 4 6. The Lieutenant Governor in Council may order the pay- Spedai grant ment of a special grant to any school whether organized accord- ing to law or not. 7. The secretary, treasurer and teacher of every district statements to shall at the end of each school term forward to the [minister] ^" ^°"'''''"*"* such statements respecting the school and district as are necessary to enable him to apportipn the grants to which it may be entitled under the Ordinance and such statements shall be verified by declaration and shall be in form prescribed by the [minister]. Amended 1910 (2nd Session), c. 6, s. 83. 8. For the purpose of estimating the grant which may be computation earned by any school on account of the attendance of pupils" ''^®"^® the average attendance for any calendar month during which the school is kept open shall be calculated by dividing the aggregate days attendance for such month by the number of days school is kept open during such month; the percentage of attendance for any month school is kept open shall be calcu- lated by dividing the average attendance for such month by the number of pupils in actual attendance during such month; and the percentage of attendance for any term shall be calcu- lated by dividing the sum of the monthly percentages of attend- ance by the number of such monthly percentages of attendance. 9. The board of every district receiving a grant under clause Purchase of 3 of section 3 hereof shall expend one-half of the amount of Soof e°quip- such grant received in each year and every year on the pur-™™'^™*^"^ chase of books for a school library and such books shall be "'''"=« ^ selected from a list authorized and furnished by the depart- ment: [Provided that on the recommendation of an inspector the [Minister] of Education may authorize the board of any district to expend any portion of such grant on the purchase of equip- ment and apparatus in lieu of books for a school library.] C. 10, s. 2; 1910 (2nd Session), c. 6, s. 83. 10. In all cases where ■ two or more districts have entered Grants for into an agreement as provided in section 165 of T}ie SchoolH^ioTiil Ordinance there shall be paid at the end of each school term orffnance from and out of the moneys appropriated by the Legislative Assembly for school purposes — 1. To every district providing the means of conveyance for children from one district to another the sum of 60 cents per diem for each day upon which such conveyance is provided in accordance with the regulations of the department; 2. To every district agreeing as aforesaid to educate the children of one or more districts the sum of 4 cents per diem for each pupil in average daily attendance who has been con- veyed to and from the school house in such district or educated therein in accordance with the regulations of the department: 527 5 Cap. 106 SCHOOL grants Provided that the total number of days in each year for which such grants may become payable shall not exceed 210; Provided further that in case the number of children con- veyed from one district to another in accordance with the terms of the agreement falls below an average of six for any term the grant payable under subclause 1 of section 10 hereof shall be paid in the proportion that the average number of children conveyed for the term bears to six; Provided further that the total amount of the grant which shall be payable under subclause 2 of section 10 hereof shall not exceed for any term the amount of 40 cents per diem unless it is satisfactorily shown that the presence of such children necessitated the employment of one er more additional teachers in which case the total amount of the grant thus earned shall be paid. Commencement u. This Ordinance shall come into force on the first day of January, 1902. 528 CHAPTER 107. An Ordiaance for the Protection of Useful Birds. (1902, c. 11.) Incorporated in The Game Act, 1907, chapter 14. 529 CHAPTER 108. An Ordinance respecting Drainage. (1903, 1st Session, r-. 6.) Chapter 18, 1908, substituted. 530 CHAPTER 109. An Ordinance respecting the Confirmation of Sales of Land for Taxes. (Chapter 12 of 1901.; "T^HE Lieutenant Governor, by and with iiic advice and consent of the Legislative Agsembly ot the Territories, enacts as follows : 1. No appUcation for an order for confirmation of a sale of o°j.j'JPP'i'=''t'< land for taxes made under the provisions of any Ordinance of interested the Territories shall be heard by a judge until all persons appear- ing by the records of the proper land titles office to have any interest in the said land have received notice of such application unless such notice is dispensed with by the judge. (2) Such notice shall be given by summons of the judge obtained ex parte to be served in such manner as the judge may direct and returnable in one month or such longer time as the judge may direct after service thereof. 3. Any person interested in such land may at any time before Rie^t to . >/ t/ reoGem the time [of] hearing such application redeem the said land by paying to the purchaser or his assignee the amount of the pur- chase money paid and any further sums charged against the said land and lawfully paid together with twenty per cent, thereon and such costs as the judge may allow. [(2) Upon the return of any summons granted under the provisions of section 1 if it is made to appear to the judge that any person who is entitled and desires to redeem the said land has been unable to do so because of his inability to ascertain the proper amount to be paid to redeem the said land the judge may adjourn the hearing of the said application and may order an account to be taken or may give such other directions as to him shall seem meet.] 1903 (1st Session), c. 9, s. 1. 3. From the time of payment to the purchaser or his assignee ^^^^^ ^^^^ of the amounts mentioned in the next preceding section all purchaser's interest to right and interest of the purchaser in the said land shall cease cease and determine. 4. Subject to the foregoing provisions on any apphcation pr?™ /acie for an order for such confirmation the production of a transfer «^'<^™'=<' of the said land executed by the proper officer shall be prima facie evidence that all conditions have existed and all acts been performed and all requirements of the Ordinance in that behalf been comphed with necessary to entitle the appKcant to the order of confirmation applied for. 531 2 Cap. 109 TAX SALES ^ncrusvt"^^^'' f^"^) ^^ ^^^^ application be not made until after the expira- evidence tion of One year from the date of the transfer such transfer shall be conclusive evidence that all conditions have existed &nd all acts been performed and all requirements of the Ordi- nances in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for except on one of the following grounds: 1. Fraud or collusion; 2. That all taxes have been paid; 3. That the land was not liable to assessment. iiepcai 5_ Chapter 10 of the Ordinances of 1900 is hereby repealed. f)S2 CHAPTER 110. An Ordinance respecting Hail Insurance. (1903, 1st Session, c. 7.) Chapter 19, 1910 (2nd Session), substituted. r r f' 533 CHAPTER 111. Short title An Ordinance respecting the Voluntary Winding Up of Joint Stock Companies. (Chapter 13 of 1903, 1st Session.) TTHE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Companies Wind- ing Up Ordinance, 1903." INTERPRETATION . Interpretation Company Court Power of judge Contributory Extraordinary resolution Special resolution 2. Where the expressions following occur in this Ordinance they shall unless a contrary intention appears be construed as follows : 1. "Company" shall mean any company or association to which this Ordinance is applicable; 2. "Court" shall mean the Supreme Court of the North-West Territories, and any judge of the court may at any time whether sitting in chambers or in court exercise all the powers conferred by this Ordinance upon the court; 3. "Contributory" shall mean any person hable to contribute to the assets of a company under this Ordinance in the event of the same being wound up, and in all proceedings prior to the final determination of such persons any person alleged to be a contributory, and shall also include the personal representative or representatives of any such person ; 4. "Extraordinary resolution" shall mean a resolution passed by a majority of not less than three-fourths of such members of the company for the time being entitled to vote as may be present in person, or by proxy in cases where by the Ordinance or charter or instrument of incorporation or the regulations of the company proxies are allowed, at any general meeting of which notice specifying the intention to propose such resolution has been duly given; 5. "Special resolution" shall mean a resolution passed in the manner necessary for an extraordinary resolution where the resolution after having been so passed as aforesaid has been confirmed by a majority of such members entitled according to the Ordinance, charter or instrument of incorporation or the regulations of the company to vote as may be present, in per- son or by proxy, at a subsequent general meeting of which 534 i : COMPANIES WINDING UP Cap. Ill 2 notice has been duly given and held at an interval of not less than fourteen days nor more than one month from the date of the meeting at which the resolution was first passed; 6. "Members" shall mean those persons only who for the time Members being are entitled to vote at general meetings of the company. APPLICATION OF ORDINANCE. 3. This Ordinance shall apply to all incorporated companies Application of or associations incorporated by the Legislature of the Territories Ordinance or under the authority of any Ordinance of the Territories. WHEN COMPANIES MAY BE WOUND UP. i. A company may be wound up under this Ordinance — 1. Where the period, if any, fixed for the duration of the J^'J^f^^^j^jg^ company by the Ordinance, charter or instrument of incorpora- '^^y ^^^r^"""'^ tion has expired; or where the event, if any, has occurred upon the occurrence of which it is provided by the Ordinance or charter or instrument of incorporation that the company is to be dissolved and the company in general meeting has passed a resolution requiring the company to be wound up; 2. Where the company has passed a special resolution requir- On special ing the company to be wound up; resolution 3. Where the company though it may be solvent as respects on creditors has passed an extraordinary resolution to the effect ^^g'^j'^^^^jj>^''y that it has been proved to the satisfaction of the members thereof that the company cannot by reason of its liabilities continue its business and that it is advisable to wind up the same. 5. Where no such resolution has been passed as mentioned when by in the next preceding section, the court may, on the applica- court ° tion of a contributory, make an order for winding up in case the court is of opinion that it is just and equitable that the company should be wound up. 6. A winding up shall be deemed to commence at the time commence- of the passing of the resolution authorizing the winding up orwtadingup the making of the order cUrecting the winding up as the case may be. CONSEQUENCES OF COMMENCING TO WIND UP. 7. The following consequences shall ensue upon the com- consequences mencement of the winding up of a company under the authority °^ ^°™dTp °"^ of this Ordinance : 1. The company shall, from the date of the commencement of the winding up, cease to carry on its business, except in so far as may be required for the beneficial winding up thereof; 535 Cap. Ill COMPANIES WINDING UP Extent to which company to exist after commence- ment of winding Property of company Appointment of liquidators Remuneration Security One liquidator Powers of directors to cease Powers of several liquidators Appointment of inspectors Revocations Remuneration One inspector and any transfers of shares, except transfers made to or with the sanction of the liquidators, or any alteration in the status of the members of the company, after the commencement of the winding up, shall be void, but the corporate existence and all the corporate powers of the company shall, notwithstanding it may be otherwise provided by the Ordinance, charter or instru- ment of incorporation, continue until the affairs of the com- pany are wound up; 2. Subject to the provisions of section 10 hereof the property of the company shall be applied in satisfaction of its liabilities pari passu; and subject thereto and to the charges incurred in winding up its affairs shall, unless it is otherwise provided by the Ordinance, charter or instrument of incorporation, be dis- tributed amongst the members according to their rights and interests in the company; 3. The company in general meeting, or in default thereof the court, shall appoint such persons or person as the company or court thinks fit to be liquidators or a liquidator for the purpose of winding up the affairs of the company and distri- buting the property and may fix the remuneration to be paid to them or to him, and they or he shall give such security as the contributories or the court may determine; 4. If one person only is appointed liquidator all the pro- visions herein contained in reference to several liquidators shall apply to him; 5. Upon the appointment of liquidators all the powers of the directors shall cease except in so far as the company in general meeting, or the liquidators, may sanction the continu- ance of such powers ; 6. Where several hquidators "are appointed every power hereby given may be exercised by such one or more of them as may be determined at the time of the appointment, or at a subsequent meeting of the company, or in default of such deter- mination, by any number of the liquidators not less than two; 7. The members of the company may at any meeting appoint one or more inspectors to superintend and direct the proceed- ings of the liquidators in the management and winding up of the estate; and in case of an inspector or inspectors being appointed all the powers of the Uquidator shall be exercised subject to the advice and direction of such inspector or inspect- ors; and the members of the company may also at any sub- sequent meeting held for that purpose revoke any such appoint- ment; and upon such revocation or in case of death, resigna- tion or absence from the Territories of an inspector, may appoint another in his stead; and such inspector may be paid such remuneration as the members of the company may determine; 8. If one person only is appointed inspector or if by reason of death, resignation, absence from the Territories or otherwise there is only one inspector all the provisions herein contained in reference to inspectors shall apply to such sole inspector; 536 COMPANIES WINDING UP Cap. Ill 4 9. The members of the compnay may at any meeting pass Di^'^tip^s , any resolution or order directing the liquidators how to dispose of property of of the property, real or personal, of the company; and indefaultby^iiqSdSn of their doing so the liquidators shall be subject to the direc- tiorfs, orders and instructions which they from time to time receive from the inspectors, if any, with regard to the mode, terms and conditions on which they may dispose of the whole or any part of the property of the company. GENERAL POWERS OF LIQUIDATORS. 8. The liquidators may be described in all proceedings by Description the style of "A.B., and CD., the liquidators of {the particular lowirlT^ company in respect of which they are appointed)," and shall ''''""^'''°'' have power to do the following things : 1. To bring or defend any action, or other legal proceeding ^™s actions in the name and on behalf of the company; 2. To carry on the business of the company so far as may beg^jry^"^ necessary for the beneficial winding up of the same; 3. To sell the real and personal property of the company by^^" property public auction or private contract, according to the ordinary mode in which such sales are made, with power to transfer the whole property to any person or company, or to sell the same in parcels, and on such terms as shall seem most advantageous; but no sale of the assets en bloc shall be made without the previous sanction of the contributories given at a meeting called for that purpose; ; 4. In case, after having acted with due diligence in the col- ^^'^ °' "^^^'^ lection of the debts, the liquidators find that there remain debts due the attempt to collect which would be more onerous than beneficial to the estate, they shall report the same to the members of the company or inspectors, if any; and with their sanction the liquidators may sell the same by public auction after such advertisement thereof as the members of the com- pany or the inspectors, if any, may order; and pending such advertisement the liquidators shall keep a list of the debts to be sold, open to inspection at their office, and shall also give free access to all documents and vouchers explanatory of such debts; but all debts amounting to more than $100 shall be sold separately except as herein otherwise provided; 5. To draw, accept, make and endorse any bill of exchange Draw, etc., ' , f ' , , 1 1 1 i" /• j_i onls and notes or promissory note in the name and on behaii oi the company; and to raise upon the security of the assets of the company, from time to time, any requisite sum or sums of money; and the drawing, accepting, making or endorsing of such bill of exchange or promissory note on behalf of the company shall have the same effect with respect to the liability of the com- pany as if such bill or note had been drawn, accepted, made or endorsed by or on behalf of the company in the course of carry- ing on the business thereof; 537 5 Cap. Ill COMPANIES WINDING UP Takeout g Xo take out, if necessary, in their official name, letters of letters of , . . . ' , ^ 1 1 1 ., 1 administration administration to the estate oi any deceased contributory; and AecLtA " to do in their official name any other act which may be necessary and'SecT*'' for obtaining payment of any money due from a contribu- debts ^Qj.y Qj. £j.Qj^ Yiis estate, and which act cannot be conveniently done in the name of the company; and in all cases where the liquidators take out letters of administration, or otherwise use their official name for obtaining payment of any money due from a contributory, such money shall for the purpose of enabling them to take out such letters or recover such money be deemed to be due to the liquidators themselves; Execute deeds 7. To executc in the name of the company all deeds, transfers, discharges, assignments, receipts and other documents; Other things 8. To do aud excrcisc all other acts and things that may be necessary for the winding up of the affairs of the company and the distribution of its assets; and for such purposes to use ^raipanys ■^];igii uecessary the company's seal. Tinie for 9. The liQuidators may fix a certain day on or before which crBQitors • to send in creditors of the company and others having claims thereon are fixed" ""^^ ^ to send in their claims. (2) Such day shall not be less than two months from the first publication of notice thereof. Liquidators (3) Where hquidators have given notice of the said day by Ssets'^ift^r''"'^ Publication in an issue of a newspaper published at or nearest expiration of to the chief place of business of the company, in each of the first four weeks of said two months, the liquidator shall, at the expiration of the time named for sending in such claims be at liberty to distribute the assets of the company, or any part thereof, amongst the parties entitled thereto having regard to the claims of which the liquidators have then notice and the liquidators shall not be liable for the assets, or any parts thereof, so distributed to any person of whose claim such liquidators had not notice at the time of distributing the said assets or part thereof, as the case may be; but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow assets into the hands of the person who may have received the same. Priorit of ^^' ^""^ distributing the assets of a company under the pro- wages or salary vlslons of this Ordinance the liquidator shall pay in priority to the claims of the ordinary or general creditors of the company the wages or salary of all persons other than directors in the employment of the company at the time of the making of the winding up resolution or order, or within one month before the making thereof not exceeding three months' wages or salary, and such persons shall be entitled to rank as ordinary or general creditors of the company for the residue, if any, of their claims. 538 COMPANIES WINDING UP Cap. Ill 6 11. The liquidators may, with the sanction of an extra- Anangements ordinary resolution of the company, or of the court, make "utho-ized such compromise or other agreement as they deem expedient,™*''"™''""' with any creditors, or persons claiming to be creditors, or persons having or alleging to have any claim, present or future, certain or contingent, ascertained or sounding only in damages, against the company, or whereby the company may be ren- dered liable. 13. The liquidators may, with the sanction of an extra- Power to ordinary resolution of the company, or of the court, compromise witifdebtors all calls and liabilities to calls, debts and liabilities capable of contributories resulting in debts, and all claims whether present or future, certain or contingent, ascertained or sounding only in damages, subsisting or supposed to subsist between the company and any contributory or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets of the company, or the winding up of the company, upon the receipt of such sums, payable at such times, and generally upon such terms as may be agreed upon; with ^^^^ ^g^^^j^y power for the liquidators to take any security for the discharge of such debts or liabilities, and to give a complete discharge in respect of all or any such calls, debts or liabilities. 13. Where a company is proposed to be or is in the course ac°clpt shares, of being wound up, and the whole or a portion of its business considlrltion or property is proposed to be transferred or sold to another ["opgrty to company, the liquidators of the first mentioned company with^JJ^'^®^ the sanction of a special resolution of the company by whom they were appointed conferring either a general authority on the liquidators, or an authority in respect of any particular arrangement, may receive in compensation or in part compen- sation for such transfer or sale shares or other like interest in such other company, for the purpose of distribution amongst the members of the company which is being wound up, or may, in lieu of receiving cash, shares, or other like interests, or in addition thereto, participate in the profits of . or receive any other benefit from the purchasing company. (2) Any sale made or arrangement entered into by the liqui- f^ran" ements dators in pursuance of this section shall be binding on the \>7 liquidators , !• ii 1 • 1 • 1 • 11., DinriiriK unless members of the company which is being wound up, subject a member to the proviso that if any member of the company which is° '""'' being wound up, who has not voted in favour of such special resolution passed by the company of which he is a member, at either of the meetings held for passing the same, expresses proceedings his dissent from any such special resolution, in writing, addressed "" objections to the liquidators or one of them, and left at the head office of the company not later than seven days after the date of the meeting at which such special resolution was passed, such dissentient members may require the liquidators to do one 539 Cap. Ill COMPANIES WINDING UP Special resolution not invalid because prior to resolution to wind up Price payable to objecting member Mode of determining price Arbitration Majority to determine disputes Umpire of the following things as the liquidators may prefer, that is to say, either — (a) To abstain from carrying such resolution into effect, or (6) To purchase the interest held by such dissentient member at a price to be determ ned in manner here- inafter mentioned, such purchase money to be paid before the company is dissolved, and to be raised by the liquidators in such manner as may be deter- mined by special resolution. (3) No special resolution shall be deemed invalid for the purposes of this section by reason that it is passed antecedently to or concurrently with any resolution for winding up the com- pany or for appointing liquidators. (4) The price to be paid for the purchase of the interest of any dissentient member may be determined by agreement but if the parties dispute about the same such dispute shall be settled by arbitration. (5) For the purposes of the arbitration the liquidators shall appoint one arbitrator and the dissentient member shall appoint another and the two arbitrators thus chosen or in case they disagree the court shall appoint a third arbitrator. (6) The arbitrators thus chosen, or any two of them, or the arbitrator of one party and an arbitrator appointed by the court in case of the refusal or neglect of either party to appoint an arbitrator shall finally determine the matter in dispute. (7) In case of the disagreement of two arbitrators, where two only are acting, they may appoint an umpire whose award shall be conclusive. LIABILITY OF CONTRIBUTORIBS. Liquidators to 14. As soou as may be after the commencement of the wind- contributories iug up of & compauy the liquidators shall settle a list of con- tributories. iabiilty'to"^^ (2) Evcry shareholder or member of the company or his contribute representative is liable to contribute the amount unpaid on his shares of the capital, or on his liabihty to the company or to its members or creditors, as the case may be, under the Ordi- nance, charter or instrument of incorporation of the company; and the amount which he is liable to contribute shall be deemed assets of the company and to be a debt due to the company payable as may be directed or appointed under this Ordinance. (3) Where a shareholder has transferred his shares under circumstances which do not by law free him from liability in respect thereof, or where he is by law Hable to the company or its contributories or any of them to an amount beyond the amount unpaid on his shares, he shall be deemed a member of the company for the purposes of this Ordinance and shall be 540 Case of transfer of shares by shareholders COMPANIES WINDING UP Cap. Ill 8 liable to contribute as aforesaid to the extent of his liabilities to the company or the contributories independently of this Ordinance and the amount which he is so liable to contribute shall be deemed assets and a debt as aforesaid. (4) The list of contributories shall distinguish between per- <;°gfjJ)j^"^°"«^ sons who are contributories as beina; representatives of or liable representative r , 1 tj X character to be tor others. distinguished (5) Any list so settled shall be prima facie evidence of the ^^?^g*°^g ^f liability of the persons named therein to be contributories. lability 15. The list of contributories may be settled by the court Settlement ^^^ in which case the liquidators shall make out and leave at the court chambers of the judge a list of the contributories of the com^ pany; and such list shall be verified by the affidavit of the liquidators or one of them and shall, so far as is practicable, state the respective addresses of, and the number of shares or extent of interest to be attributed to each such contributory, and distinguish the several classes of contributories; and the list may from time to time by leave of the judge be varied or added to by the liquidators. (2) Upon the list of contributories being left at the chambers f^^ffn^^ffg"" of the judge, the liquidators shall obtain an appointment for by the court the judge to settle the same, and shall give notice in writing of the appointment to every person included in the list, and stating in what character and for what number of shares, or interest, such person is included in the list; and in case any variation in or addition to the list is at any time made by the liquidators, a similar notice in writing shall be given to every person to whom the variation or addition applies; all such notices shall be served four clear days before the day appointed to settle such list, or such variation or addition. (3) The result of the settlement of the list of contributories ^^^/^'if^*^ °f shall be stated in a certificate by the clerk or registrar of the settlement court; and certificates may be made from time to time for the purpose of stating the result of the settlement down to any particular time, or to any particular person, or stating any variation of the Ust. 16. If a person made a contributory as personal representative provision of a deceased contributory makes default in paying any sum f°on''-J™™^j,*™j to be paid by him proceedings may be taken for administering f|!j^esentative the estate of the deceased contributory and for compelling payment thereout of the money due. 17. The liquidators may, at any time and before they haveCaiison Ti (T>' c ^ CI n contnbutories ascertained the suinciency of the assets ot the company, call on all or any of the contributories, for the time being settled on the list of contributories, to pay, to the extent of their liability, all or any sums the liquidators deem necessary to satisfy the 541 Cap. Ill COMPANIES WINDING UP debts and liabilities of the company and the costs, charges and expenses of winding it up, and for the adjustment of the rights of the contributories amongst themselves; and the Uquidators may, in making a call, take into consideration the probability that some of the contributories upon whom the call is made may partly or wholly fail to pay their respective portions of the same. liquidators' duties. Employment of counsel Liquidators or inspectors not to purchase assets of company Deposit in bank by liquidators Separate deposit account to be kept Withdrawal from account Liquidators to produce bank pass book at meetings, etc. 18. Liquidators shall not employ any advocate without the consent of the inspectors, or of the members of the company. (2) No liquidator or inspector shall purchase, directly or indirectly, any part of the stock-in-trade, debts or assets of any description of the estate. (3) The liquidators shall deposit at interest in some chartered bank, to be indicated by the inspectors or by the court, all sums of money which they may have in their hands belonging to the company whenever such sums amount to $100. (4) Such deposits shall not be made in the name of the liquidators generally, on pain of dismissal; but a separate deposit account shall be kept for the company of the moneys belonging to the company, in the name of the liquidators as such, and of the inspectors, if any; and such moneys shall be withdrawn only on the joint cheque of the liquidators and one of the inspectors, if there be any. (5) At every meeting of the members of the company the liquidators shall produce a bank pass book showing the amount of deposits made for the company, the dates at which the deposits were made, the amounts withdrawn and dates of such withdrawal; of which production mention shall be made in the minutes of the meeting, and the absence of such mention shall be prima facie evidence that the pass book was not produced at the meetings. Liquidators to (6) The liquidators shall also produce the pass book when- pass book''" ever so ordered by the court at the request of the inspectors or when ordered ^ member of the company, and on their refusal to do so they shall be treated as being in contempt of court. (7) Every liquidator or inspector shall be subject to the summary jurisdiction of the court in the same manner and to the same extent as the ordinary officers of the court are subject to its jurisdiction; and the performance of his duties may be compelled, and all remedies sought or demanded for enforcing any claim for a debt, privilege, mortgage, lien or right of property upon, in, or to any effects or property in the hands, possession or custody of a liquidator, may be obtained by an order of the court on summary application, and not by any action, attachment, seizure or other proceeding of any kind whatever; and obedience by a liquidator to such order may be enforced 542 Liquidator and inspector to be subject to summary jurisdiction Obedience how enforced COMPANIES WINDING UP Cap. Ill 10 by the court under the penalty of imprisonment as for con- tempt of court or disobedience thereto; or he may be removed in the discretion of the court. EXPENSES. , Costs and 19. All costs, charges and expenses properly incurred in the expenses winding up of a company, including the remuneration of the liquidators, shall Pae payable out of the assets of the company in priority to all other claims. 20. In case of there being no agreement or provision fixing Remuneration the remuneration of the Uquidators they shall be entitled to a ?n case no °" commission on the net proceeds of the estate of the company of °*'"''' ''"^'^ every kind after deducting expenses and disbursements, such commission to be five per cent, on any amount realized not exceeding $1,000, the further sum of two and a half per cent. on any amount realized in excess of $1,000 and not exceeding $5,000, and a further sum of one and a quarter per cent, on any amount realized in excess of $5,000; which said commission shall be in lieu of all fees and charges for their services. MEETINGS. 31. If a vacancy in the office of liquidators appointed by vacancies in the company occurs by death, resignation or otherwise, a °iqu fditor general meeting for the purpose of filling up the vacancy may be convened by the liquidator or liquidators, if any, or if not, then by any member of the company. (2) The liquidators may from time to time, during the con- niteungs tinuance of the winding up, summon general meetings of the ^.""^ilj, up company for the purpose of obtaining the sanction of the com- pany by special resolution or extraordinary resolution, or for any other purpose they think fit. (3) In the event of the winding up continuing for more than meeUngs one year the liquidators shall summon a general meeting of the company at the end of the first year and of each succeeding year from the commencement of the winding up, or as soon thereafter as may be convenient; and shall lay before the meeting an account showing their acts and dealings and the manner in which the winding up has been conducted during the preceding year. (4) The liquidators shall also call meetings of the members of L^f}"^roperty or effects payable, trans- ^'^'"''p*" ferable or deliverable to him under any trust or power shall be a sufficient discharge for the same and shall effectually exonerate the person paying, transferring, or delivering the same from seeing to the application or being answerable for any loss or misapphcation thereof. .587 Cap. 119 ADMINISTRATION OF ESTATES (2) This section applies to trusts created either before or after the passing of this Ordinance. i-'owerfor gi. A trustee, or two or more trustees, acting together, or a trustees to sole acting trustee where by the instrument, if any, creating tompoun , etc. ^j^^ trust a sole trustee is authorized to execute the trusts and powers thereof may, if and as he or they may think fit, accept any composition or any security real or personal for any debt or for any property real or personal claimed and may allow any time for payment for any debt and may compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thing whatever relating to the testator's or intestate's estate or to the trust, and for any of those purposes may enter into, give, execute, and do such agreements, instruments of composition or arrangement, releases and other things as to him or them seem expedient without being responsible for any loss occasioned by any act or thing so done by him or them in good faith. (2) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust and shall have effect subject to the terms of that instrument and to the provisions therein contained. (3) This section applies to executorships, administrator- ships and trusts constituted or created either before or after the passing of this Ordinance. Tw^or^more 23. Whcrc a power or trust is given to or vested in two or trustees morc trustecs jointly then unless the contrary is expressed in the instrument, if any, creating the power or trust the same may be exercised or performed by the survivor or survivors of them for the time being. S™rusttes°° 23. A trustee acting or paying money in good faith under iertlm^'^powers 0^ i^ pursuauce of any power of attorney shall not be liable of attorney for any such act or payment by reason of the fact that at the time of the payment or act the person who gave the power of attorney was dead or had done some act to avoid the power if this fact was not known to the trustee at the time of his so acting or paying. (2) Nothing in this section shall effect the right of any person entitled to the money against the person to whom the payment is made and the person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee. MAINTENANCE OF INFANTS. In case 34. In all cases where any property is held by trustees in m'tmst^for^''^ trust for infant, either absolutely or contingently on his attain- infant, jj^g |;jjg g^gg pf tweuty-ouc years or on the occurrence of any 588 ADMINISTRATION OF ESTATES Cap. 119 9 event previously to his attaining that age, it shall be lawful t™8teea^m^y for such trustees at their sole discretion to pay to the guardians, for main- if any, of such infant, or otherwise to apply for or towards oflnfant the maintenance or education of such infant, the whole or any part of the income to which such infant may be entitled in respect of such property whether there be any found applicable to the same purpose or any other person bound by law to pro- vide for such maintenance or education or not, and such trustees shall accumulate all the residue of such income by way of compound interest by investing the same and the resulting income thereof from time to time in proper securities for the benefit of the person who shall ultimately become entitled to the property from which such accumulation shall have arisen : Provided always that it shall be lawful for such trustees at any time if it shall appear to them expedient to apply the whole or any part of such accumulations as if the same were part of the income arising in the then current year. 25. In all cases where any property either real or personal Property held is held by trustees in trust for an infant either absolutely or iSfanTs m"y be contingently on his attaining the age of twenty-one years or „? a jJJdgf Ind on the occurence of any event previously to his attaining that iherlot*^ age and where the income arising from such property is insuffi- applied for cient for the maintenance and education oi such infant it shall and education be lawful for such trustees by leave of a judge of the Supreme Court to be obtained in a summary manner to sell and dispose of any portion of such real or personal property and to pay to the guardians, if any, of such infant or otherwise to apply for or towards the maintenance or education of such infant the whole or any part of the money arising from such sale as aforesaid; and in the event of the whole of the money arising from any sale of the real or personal property as aforesaid not being immediately required for the mainten- ance and education of such infant then the said trustees shall invest the surplus moneys and the resulting income therefrom ^Pj''i<^ation from time to time in proper securities and shall apply such investment of moneys and the proceeds thereof from time to time for the realized education and maintenance of the said infant and shall hold all the residue of the moneys and interest thereon not required for the education and maintenance of such infant as aforesaid for the benefit of the person who shall ultimately become entitled to the property from which such moneys and interests have arisen. 26. Where a trustee or assignee acting under the trusts of D/|';>*'j*ion a deed or assignment for the benefit of creditors generally under trust or a particular class or classes of creditors where the creditors are not designated by name therein, or an executor or an admin- istrator has given such or the Uke notices as in the opinion 589 10 Cap. 119 ADMINISTRATION OF ESTATES teMfi/of *^^ ^^^ court in which such trustee, assignee, executor or admin- creditors or ofistrator is sought to be charged, would have been given by testator or " the Supremc Court in an action for the execution of the trusts Mt'ice''given^' of such deed or assignment, or an administration suit as the assignlef^' casc may be, for creditors and others, to send in to such trustee, adSstrator assiguBB, exccutor or administrator their claims against the person for the benefit of the creditors of whom such deed or assignment is made, or the estate of the testator or intestate, as the case may be, the trustee, assignee, executor or administrator shall, at the expiration of the time named in the said notices, or the last of the said notices, for sending in such claims be at liberty to distribute the proceeds of the trust estate, or the assets of the testator or intestate, as the case may be, or any part thereof amongst the parties entitled thereto, having regard to the claims of which the trustee, assignee, executor or admin- istrator has then notice, and shall not be hable for the pro- ceeds of the trust estate, or assets, as the case may be, or any part thereof so distributed to any person of whose claim the tnastee, assignee, executor or administrator had not notice at the time of the distribution thereof or a part thereof, as the case may be; but nothing in this Ordinance contained shall prejudice the right of any creditor or claimant to follow the proceeds of the trust estate or assets, as the case may be, or any part thereof into the hands of the person or persons who may have received the same respectively. PAYMENT INTO COURT BY TRUSTEES. courtly* '"*° 37. Trustees, or the majority of trustees, having in their trustees haiids or under their control money or securities belonging to a trust, or to the estate of a deceased person, may pay the same into the Supreme Court; and the same shall subject to the rules of court be dealt with according to the orders of the Supreme Court. (2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court. (3) Where any moneys or securities are vested in any persons as trustees and the majority are desirous of paying the same into court but the concurrence of the other or others cannot be obtained the Supreme Court may order the payment into court to be made by the majority without the concurrence of the other or others, and where any such moneys or securities are deposited with any banker, broker or other depositary the court may order payment or delivery of the moneys or securities to the majority of the trustees for the purpose of payment into court and every transfer payment and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the moneys and securities so transferred, paid, or delivered. r90 ADMINISTRATION OF ESTATES Cap. 119 11 38. If in any proceeding affecting trustees or trust property ^eUef^of it appears to the court that a trustee whether appointed by committing the court or by an instrument in writing or otherwise, or that breach of any person who in law may be held to be fiduciarily respon-'™^' sible as a trustee, is or may be personally liable for any breach whether the transaction alleged or found to be a breach of trust occurred before or after the passing of this Ordinance but has acted honestly and reasonably and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach then the court maj' reheve the trustee either wholly or partly from personal liability for the same. RIGHTS AND LIABILITIES OF EXECUTORS AND ADMINISTRATORS. 29. The executors or administrators of any deceased person Actions by may maintain an action for all torts or injuries to the person SmMs-^ ^"'^ or to the real or personal estate of the deceased except in cases '0^°" ^"^ of libel and slander in the same manner and with the same rights and remedies as the deceased would if Uving have been entitled to do; and the damages when recovered shall form part of the personal estate of the deceased; but such action shall be brought within one year after his decease. 30. In case any deceased person committed a wrong to^''^J°^j= another in respect of his person or of his real or personal prop- executors and erty except in cases of libel and slander the person so wronged traToIS for may maintain an action against the executors or administrators *°'^*^ of the person who committed the wrong; but such action shall be brought within one year after the decease. 31. In estimating the damages in any action under either "'^j^^f^jjjg^ of the next preceding two sections the benefit, gain, profit, t™.p™'=«™ths af*?'^ CQI of the lease 12 Cap. 119 ADMINISTRATION OF ESTATES whom the arrears became due; and the law relating to dis- tresses for rent shall be applicable to the distresses so made as aforesaid. tivesof"*'"' 34. In case any one or more joint contractors, obligors or contactors'"* Partners die the person interested in the contract, obligation or ^'jbieaith9ugh promise entered into by such joint contractors, obligors or contractors be partners may proceed by action against the representatives of ™"* the deceased contractor, obligor or partner in the same manner as if the contract, obligation or promise had been joint and several and this, notwithstanding there may be another person liable under such contract, obligation or promise still living, and an action pending against such person; but the property and effects of stockholders in chartered banks or the members of other incorporated companies shall not be hable to a greater extent than they would have been if this section had not been passed. Devisee in 35. AYhcre by any will coming into operation before or after raise money the passing of this Ordinance a testator charges his real estate r/ongag"to or any specific portion thereof with the payment of his debts no'twitiistand-^' or with the payment of any legacy or other specific sum ex|rTs"po4er ^^ mouey and devises the estate so charged to any trustee or in the will trustecs f or the whole of his estate or interest therein and does not make any express provisions for the raising of such debt, legacy or sum of money out of such estate the said trustee or trustees notwithstanding any trusts actually declared by the testator may raise such debt, legacy or money as aforesaid by a sale and absolute disposition by public auction or private contract of the said real estate or any part thereof or by a mortgage of the same or partly in one mode and partly in the other and a mortgage so executed may reserve such rate of interest and fix such period or periods of repayment as the person or persons executing the same think proper. Power friven,^^ 36. The powcrs coufcpred by the next preceding section extended to shall extend to all and every the person or persons in whom devlsISf'etc. the estate devised is for the time being vested by survivorship, descent or devise, or to any person or persons appointed under any power in the will or by the Supreme Court to succeed to the trusts created by the will as aforesaid. Purchaseis, 37. Purchascrs or mortgagees shall not be bound to inquire tou'nd^to whether the powers conferred by the preceding two sections of inquire as to " " ~ " exercise of poweis this Ordinance or any of them have been duly and correctly exercised by the person or persons acting in virtue thereof. Directions to 38. Whcro there is in any will or codicil of any deceased be exeiTisS^* persou whcthcr such will has been made or such person has whe'if''no*otiier died bcforc or after the passing of this Ordinance any direc- flppo°inted to "tion whether express or imphcd to sell, dispose of, appoint, exercise same "^ " rc\^ 592 ADMINISTRATION OF ESTATES Cap. 119 l.'j mortgage, encumber or lease any real estate and no person is by the said will, or some codicil thereto, or otherwise by the testator appointed to execute and carry the same into effect, the executor or executors, if any, named in such will or codicil shall and may execute and carry into effect every such direction to sell, dispose of, appoint, encumber or lease such real estate, and any estate or interest therein as full, large and ample in a manner and with the same legal effect as if the executor or executors of the testator were appointed by the testator to execute and carry the same into effect. 39. ^Yhere there is in any will or codicil thereto of any ^dministiator deceased person whether such will has been made, or such annexed may person has died before or after the passing of this Ordinance of' syiegiv°en'" any power to any executor or executors in such will to sell, dispose of, appoint, mortgage, encumber, or lease any real estate, or any estate or interest therein, whether such power is express, or arises by implication, and where from any cause letters of administration with such will annexed have been by the Supreme Court committed to any person and such person has given the required security such person shall and may exercise every such power and sell, dispose of, appoint, mort- gage, encumber, or lease such real estate and any estate or interest therein in as full, large and ample a manner and with the same legal effect for all purposes as the said executor or executors might have done. 40. AVhere there is in any will or codicil thereto of any or when no deceased person whether such will has been made or sucht^l.^'uflo'^ '" person has died before or after the passing of this Ordinance ^^^^^.'^''^^j any power to sell, dispose of, appoint, mortgage, encumber, or sale, etc. lease any real estate, or any estate or interest therein, whether such power is express, or arises by implication, and no person is by the said will, or some codicil thereto, or otherwise by the testator appointed to execute such power, and letters of adminis- tration with such will annexed have been by the Supreme Court committed to any person and such person has given the required security before mentioned such person shall and may exercise every such power and sell, dispose of, appoint, mortgage, encumber, or lease such real estate and any estate or interest therein as full, large and ample a manner and with the same legal effect as if such last named person had been appointed by the testator to execute such power. 41. Where any person has entered into a contract in writing Executors, for the sale and conveyance of real estate, or any estate or convey in interest therein, and such person has died intestate, or without ?ontracTfo° providing by will for the conveyance of such real estate, or dec^g^'J'e^/^ ^^ estate or interest therein, to the person entitled or to become entitled to such conveyance under such contract then, if the deceased would be liable to execute a conveyance were he 593 14 Cap. 119 ADMINISTRATION OF ESTATES alive, the executor, administrator, or administrator with the will annexed, as the case may be, of such deceased person, shall make and give to the person entitled to the same a good and sumcient conveyance or conveyances of such estates and of such nature as the said deceased if living would be liable to give and such conveyances shall be as valid and effectual as if the deceased were alive at the time of the making thereof and had executed the same but shall not have any further validity. putiesand 43. Every executor, administrator, and administrator with an executor the wiU aunexed shall as respects the additional powers vested adminiatrator in him by this Ordinance and any money or assets by him the poweri^of rcceivcd in consequence of the exercise of such powers be sub- this Ordinance j^^-^ ^q g^^ ^j^g liabilities and compellable to discharge all the duties of whatsoever kind which as respects the acts to be done by him under such powers would have been imposed upon an executor or other person appointed by the testator to execute the same or in case of their being no such executor or person would have been imposed by law or by the Supreme Court or a judge thereof. 43. ^Vhere there are several executors, administrators, or Powers given by this Ordinance to administrators with the will annexed and one or more of them two or more t i , , i i n • i to survive die the powers hereby created shall vest m the survivor or survivors. defidinc' o£ ^" ^^ ^^^ administration of the estate of a deceased person,, assets debts to in casc of the deficiency of assets debts due to the Crown and pasm^'^'^'' to the executor or administrator of the deceased person, and debts to others including therein respectively debts bj- judg- ment or order, and other debts of record, debts by specialty, simple contract debts, and such claims for damages as by statute are payable in like order of administration as simple contract debts, shall be paid pari passu and without any pre- ference or priority of debts of one rank or nature over those Not to affect of another; but nothing herein contained shall prejudice any ''™ hen existing during the hfetime of the debtor on any of his real or personal estate. If claim is rejected and notice given within a certain period 45. In case the executor or administrator gives notice in writing referring to this section of his intention to avail him- be brought™"^' ^^1^ thereof to any creditor or other person of whose claims against the estate he has notice, or to the advocate or agent of such creditor or other person, that he the executor or adminis- trator rejects or disputes the claim it shall be the duty of the claimant to commence his action in respect of the claim within six months after the notice is given in case the debt or some part thereof is due at the time of the notice or within three- months from the time the debt or some part thereof falls due 594 ADMIN STRATION OF ESTATES Cap. 119 15 if no part thereof is due at the time of the notice, and in default the claim shall be forever barred. (2) Unless such creditor or other person within ten days after the receipt of such notice notifies the executor or admin- istrator that he withdraws his claim such executor or adminis- trator may if he thinks fit apply to a judge of the Supreme Court for an originating summons calling upon such creditor or other person to establish his claim and upon the return of such summons the judge may allow or bar the claim or make such other order as to him may seem meet with or without costs against either party. 46. "Where an executor or administrator hable as such to ^/ executor''or the rents, covenants or agreements contained in any lease or ?^™'jj|t™*^'' agreement for a lease granted or assigned to the testator or covenants,^^^^ intestate whose estate is being administered has satisfied all such liabilities under the said lease or agreement for a lease, as have accrued due and been claimed up to the time of the assignment hereinafter mentioned and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee to be laid out on the property demised, or agreed to de demised, although the period for laying out the same may not have arrived, and has assigned the lease or agreement for the lease, to a purchaser thereof, he shall be at liberty to dis- tribute the residuary estate of the deceased to and among the parties entitled thereto respectively without appropriating any part or any further part, as the case may be, of the estate of the deceased to meet any future liability under the said lease or agreement for a lease ; and the executor or administrator so distributing the residuary estate shall not after having assigned the said lease or agreement for a lease and having where necessary set apart such sufficient fund as aforesaid be personally liable in respect of any subsequent claim under the said lease or agreement for a lease; but nothing herein contained shall prejudice the right of the lessor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or amongst whom the said assets may have been distributed. 47. In like manner where an executor or administrator, as to liability liable as such to the rent, covenants or agreements contained °^,^e^t"*f"' "' in any conveyance or rent charge whether any such rent be hj l^^^^^y^^nces" limitation of use, grant or reservation, or agreement for such °g^7g°*' ^^^ conveyance, granted or assigned to or made and entered into with the testator or intestate whose estate is being administered, has satisfied all such liabilities under the said conveyance or agreement for a conveyance as may have accmed due and been claimed up to the time of the conveyance hereinafter mentioned and has set apart a sufl[icient fund to answer any 'future claim that may be made in respect of any fixed and 595 16 Cap. 119 ADMINISTRATION OF ESTATES Trustee, etc., may apply for advice in management of trust property ascertained sum covenanted or agreed by the grantee to be laid out on the property conveyed, or agreed to be conveyed, although the period for laying out the same may not haye arrived, and has conveyed such property, or assigned the said agree- ment for such conveyance as aforesaid, to a purchaser thereof, he shall be at liberty to distribute the residuary estate of the deceased to and amongst the parties entitled thereto respectively without appropriating any part or any further part, as the case may be, of the estate of the deceased to meet any future liability under the said conveyance or agreement for a conveyance; and the executor or administrator so dis- tributing the residuary estate shall not after having made or executed such conveyance or assignment and having where necessary set apart such sufhcient fund as aforesaid be per- sonally liable in respect of any subsequent claim under the said conveyance or agreement for conveyance; but nothing herein contained shall prejudice the right of the grantor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or among whom the said assets may have been distributed. SUMMARY APPLICATION TO COURT FOR ADVICE. 48. Any trustee, guardian, executor, or administrator shall be at liberty without the institution of an action to apply in court or in chambers in the manner prescribed by rules of the court for the opinion, advice or direction of a judge of the Supreme Court on any question respecting the management or administration of the trust property or the assets of a testator or intestate. (2) The trustee, guardian, executor or administrator acting upon the opinion, advice or direction given by the judge shall be deemed so far as regards his own responsibility to have discharged his duty as such trustee, guardian, executor, or administrator in the subject matter of the said application; but this provision shall not extend to indemnify a tmstee, executor or administrator in respect of any act done in accord- ance with such opinion, advice or direction as aforesaid if the trustee, executor or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice or direction. ALLOWANCE TO TRUSTEES, ETC. Allowance to trustees 49. Any trustee under a deed, settlement or will, any execu- tor or administrator, any guardian appointed by any court, and any testamentary guardian or other trustee howsoever, the trast is created shall be entitled to such fair and reason- able allowance for his care, pains and trouble and his time expended in and about the trust estate as may be allowed 596 ADMINISTRATION OF ESTATES Cap. 119 17 by the Supreme Court or a judge thereof or by any clerk thereof to whom the matter may be referred. 50. A judge of the Supreme Court may on apphcation tOb"S°™*° him for the purpose settle the amount of such compensation, ^^t^oughtte although the trust estate is not before the court in any action, before the " •" court 51. Compensation may be allowed in the case of any trust Act^to^appiy^^ heretofore created as well as in any to be hereafter created, weii as future •' trusts 52. The judge may allow to the executor or trustee or admin- judge may istrator acting under a will or letters of administration a f air "[j^^^nce to and reasonable allowance for his care, pains and trouble and ^Ig^^f,.^^ *° his time expended in or about the executorship, trusteeship, administrator or administration of the estate and effects vested in him under estate tor Ms the will or letters of administration, and in administering, disposing of and arranging and settling the same and generally in arranging and settling the affairs of the estate and may make an order or orders from time to time therefor and the same shall be allowed to an executor, trustee or administrator in passing his accounts. 53. Nothing in the next preceding four sections shall apply Sowance to any case in which the allowance is fixed by the instrument j^f^^^y^^^*" creating the trust. 54. In addition to any allowance a trastee who is an advocate Advocate shall also be entitled to profit costs for any professional work prost^osts done in connection with the trust. LIMITATION or ACTIONS. 55. In any action or other proceeding against a trustee or Application of any person claiming through him, except where the claim is iimitatfons to founded upon any fraud or fraudulent breach of trust to which ^|'a*ns1 ''°"°°'' the trustee was party or privy, or is to recover trust property, *™^*<"''' or the proceeds thereof, still retained by the trustee, or pre- viously received by the trustee and converted to his use, the following provisions shall apply: (a) The law relating to the limitation of actions shall apply in like manner and to the like extent as it would in such action or other proceeding if the trustee or person claiming through him had not been a trustee or a person claiming through a trustee. (&) If the action or other proceeding is brought to recover money or other property and is one to which no law relating to the limitation of actions applies the trustee or person claiming through him shall be entitled to the benefit of and be at liberty to plead the lapse of time as a bar to such action or other proceeding in the 597 18 Cap. 119 ADMINISTRATION OF ESTATES like manner and to the like extent as if the claim had been against him in an action of debt for money had and received ; but so nevertheless that the statute shall run against a married woman entitled in possession for her separate use whether with or without restraint upon anticipation but shall not begin to run against any beneficiary unless and until the interest of such beneficiary becomes an interest in possession. (2) No beneficiary, as against whom there would be a good defence by virtue of this section, shall derive any greater or any other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he had brought the action or other proceeding and this section had been pleaded. (3) This section shall apply only to actions or other pro- ceedings commenced after the passing of this Ordinance and shall not deprive any executor or administrator of any right or defence to which he is entitled under any law relating to limitation of actions. JUDICIAL TRUSTEES. Power of the ^6. Where apphcation is made to the Supreme Court or a a°"ucation to J^*^?^ thereof by or on behalf of the person creating or intending appoint to Create a trust or by or on behalf of a trustee or beneficiary trustee the court or judge may in its or his discretion appoint a person (in this Ordinance called a judicial trustee) to be a trustee of said trust either jointly with any other person or as sole trustee and if sufficient cause is shown in place of all or any existing trustees. (2) The administration of the property of a deceased person whether a testator or intestate shall be a trust and the executor or administrator a tiiistee within the meaning of this section. (3) Any fit and proper person nominated for the purpose in the application may be appointed a judicial trustee and in the absence of such nomination or if the court or judge is not satisfied of the fitness of a person so nominated an official of the court or other competent person may be appointed and in any case a judicial trustee shall be subject to the control and supervision of the court as an officer thereof. (4) The court or judge may either on request or without request give to a judicial trustee any general or special direc- tions in regard to the trust or the administration thereof. (5) There may l^e paid to a judicial trustee out of the trust property such remuneration not exceeding the prescribed limits as the court or judge may assign in each case and the remunera- tion so assigned to any judicial trustee shall save as the court or judge may for special reasons otherwise order cover all his work and personal outlay. 598 ADMINISTRATION OF ESTATES Cap. 119 19 (6) Once in every year the accounts of every trust of which a judicial trustee has been appointed. shall be audited and a report thereon made to the court by the prescribed persons and in any case where the court or judge shall so direct an inquiry into the administration by a judicial trustee of any tiTist, or into any dealing or transaction of a judicial trustee, shall be made in the prescribed manner. 599 CHAPTER 120. An Ordinance respecting Mutual Fire Insurance. (Chapter 21 of 1903, 2nd Session.) 'T'HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : Short title 1. This Ordinance may be cited as " The Mutual Fire Insur- ance Ordinance." INTERPRETATION . Interpretation 2. Where the words following occur in this Ordinance they shall be construed in the manner hereinafter mentioned unless such construction be inconsistent with the context or subject matter, viz.: "Registrar" shall mean the Registrar of Joint Stock Com- panies as defined by The Companies Ordinance; "Mutual Insurance" shall mean insurance against loss by fire given in consideration of a premium note or undertaking as provided by this Ordinance with or without a cash payment thereon ; "Mutual Fire Insurance Company" or "Mutual Company" shall mean a company organized in terms of this Ordinance and impowered only to transact mutual insurance business; "Member" shall mean a holder of a subsisting mutual insur- ance policy issued by a mutual company; "Premium note" shall mean an instrument given as consid- eration for insurance whereby the maker undertakes to pay such sum or sums as may be legally demanded by the insurer the aggregate of such sums not to exceed an amount specified in the instrument. INCORPORATION. agreement to ^- ^^y 'thirty or more persons each having an insurable form company interest iu property real or personal exposed to damage by fire who may desire to form a mutual fire insurance company under this Ordinance may make and sign a certificate in writing in which shall be stated — (a) That the persons signing have agreed to form a mutual fire insurance company under this Ordinance; (6) The name of the company which shall contain the words "mutual fire" and shall be subject to approval by the registrar; mo MUTUAL FIRE INSURANCE Cap. 120 1 (c) The name of the city, town or other place in which the principal ofEce of the company is to be located; (d) That each person signing will become a member of the company by insuring with the company property in which he has an insurable interest according to the mutual insurance plan and subject to the rates, tariffs, and entrance fees to be determined by the provisional directors of the company; (e) The number and names of the provisional directors of the company who shall not be less than seven nor more than fifteen — who shall manage all the affairs of the company until the first general meeting of the company ; (/) That the members are not individually liable for the debts of the company beyond the amounts due under the premium notes given by each to the company. (2) Such certificate shall be in duplicate and shall be signed in the presence of at least one witness and shall he accom- panied by an affidavit by the witness proving the signatures made before some person authorized to take affidavits for use in the Supreme Court of the North-West Territories. (3) The total amount of insurance proposed to be taken under such certificate shall be not less than thirty thousand dollars. 4. One duphcate of the said certificate shall be filed with the I"'=°'-p°^^«°° registrar accompanied with a fee of ten dollars and there- upon the subscribers thereto and other persons thereafter becoming members shall be a body corporate by and under the name adopted and approved by the registrar and have a common seal. 5. The registrar shall thereupon fix the date and place of ^^|';f |"^''''' the first general meeting of the company and cause a notice to be pubhshed in the next and one following issue of the oflBcial gazette in the form following, viz.: MUTUAL FIRE INSURANCE ORDINANCE. Certificate filed for incorporation of the Mutual Fire Insurance Company of this date. Head office in North-West Territories. The following are the provisional directors of the company, viz. : {Insert names and addresses.) The liability of the members is Hmited. The first general meeting of the company will be held in on the day of , 190 . . , at the hour of . . . . .o'clock in Registrar. 601 Cap. 120 MUTUAL FIRE INSURANCE Certified copy of certificate of incorporation as evidence 6. A copy of any certificate of incorporation filed in pur- suance of this Ordinance certified by the registrar or a copy of the official gazette containing the registrar's notice of such certificate or a certificate of the registrar of any facts respect- ing any mutual company shall be prima facie evidence of the facts therein stated. Powers of company 7. A mutual company so incorporated may sue or be sued in any court under the corporate name; it may purchase, lease, hold, sell, convey or mortgage any real or personal prop- erty required for the business of the company or for the invest- ment of any resen^e fund or other moneys belonging to the company; it may also invest funds belonging to the company or mortgage on real estate; or in the purchase of dominion, provincial or municipal bonds or on such other securities or investments as the directors may select; and it may appoint such officers or agents as the business of the company shall require and define their powers and duties and fix their remu- neration and the amount of the security to be required of them ; and it may make by-laws not inconsistent with this Ordinance for the management of its business, the regulation of the tariff of rates, the levying of assessments and the terms and conditions of its insurance policies. Forfeiture of the corporate powers 8. The corporate powers of the company shall be forfeited and cease except for the purpose of winding up provided — (1) That there are not before the lapse of one year from the date of filing the certificate of incorporation mutual insurance policies of the company in force to a total amount of two hun- dred thousand dollars; or (2) That at any time thereafter the total amount of such insurance policies shall have diminished and become less than two hundred thousand dollars. Directors may exercise powers 9. The corporate powers of the company may be exercised by the provisional board of directors prior to the date of the first meeting of the company and thereafter by the successive boards of directors appointed by the members of the company. Provisional directors to appoint officers 10. Within one month after incorporation of the company, the provisional directors shall meet and appoint a president and vice-president from their own number and shall also appoint a secretary and treasurer and such other officers as may be required to hold office till after the first general meeting of the company and shall also within such period prepare a tariff of rates for premium notes and for entrance fees and fixed annual payments to be paid or undertaken by members in exchange for the insurance policies of the company and they shall adopt such other measures as will conduce to the establishment and furtherance of the company business and shall also prepare 602 MUTUAL FIRE INSURANCE Cap. 120 such by-laws as they deem necessary to regulate the business of the company or for any other purpose to be submitted to the first general meeting of the company. THE DIRECTORS, THEIR ELECTION AND POWERS. 11. The affairs of the company shall be managed by a board l^etors of directors of not less than seven or more than fifteen mem- bers the majority of whom shall be British subjects and all of whom shall be members of the company and holders of insur- ance therein for at least one thousand dollars each. 13. At the first meeting of the company a board of direc-Fust tors shah be elected from amongst the subscribers such board '^'""''°''' to consist of not less than seven or more than fifteen members and no subscriber shall be elected as a director unless he is a subscriber for insurance in the company to at least one thous- and dollars. 13. The directors so elected shall hold office and enjoy allTeimof the powers exercised by the directors elected as hereinafter" provided until replaced or re-elected at the first annual meeting of the company. 14. In case an election of directors be not made on the day p^;,^j,g ^j on which it ought to have been made the company shall not e'«<''*io" o° for this cause be dissolved but the election may be held on any ''™'"^' subsequent day at a meeting to be called by the directors for that purpose or as is otherwise provided for by the by-law of the company and in such case the directors shall continue to hold office until their successors are elected. GENERAL POWERS OF THE BOARD OF DIRECTORS. 15. The board shall appoint a president and vice-president officers from their own number and may from time to time appoint a manager, a secretary, a treasurer and such other officers, agents or assistants as to them may seem necessary, prescribe their duties, fix their compensation or allowances, take such security from them as may be required for the faithful performance of their respective duties and remove them and appoint others instead. 16. The said board may also adopt a tariff of rates for insur- Tariff of rates ance and vary the same from time to time and determine the sum to be insured on any property. 17. The board of directors may from time to time ma-ke ^^e|uiatioM and prescribe such regulations or by-laws as to them may appear needful and proper respecting the funds and property of the company, the duties of the officers, agents and assistants thereof, 603 Cap. 120 MUTUAL FIRE INSURANCE By-laws to require confirmation the effectual carrying out of the objects contemplated by the company, the holding of the annual meeting, and such other matters as appertain to the business of the company and are not contrary to law and may from time to time alter and amend the said regulations and by-laws except in cases with regard to which such regulations or by-laws may not be repealed or where such repeal would affect the rights of others than the members of the company ; in any of which cases such regulations or by-laws shall not be repealed. 18. Every by-law and every repeal, amendment or re-enact- ment thereof unless in the meantime confirmed at a general meeting of the company duly called for that purpose shall only have force until the next annual meeting of the company and in default of confirmation thereat shall at and from that time cease to have force and in that case no new by-law to the same or like effect shall have any force until confirmed at a general meeting of the company. manage" 19. The board of directors shall superintend and have the company"^ management of the funds and property of the company and of all matters relating thereto not otherwise provided for. heTdire^oT ^^- ^hc manager of a mutual company may be elected also a director though he may not be a member and he may be paid an annual salary or he may be remunerated for his ser- vices in such other form as the other directors may determine. Paid officer 21. No paid officer or person in the employment of the com- ?o°r*diJStOTs pany other than the manager shall be eligible to be elected a director or to take part in the election of the directors though he may be a member of the company. hiiToffice^for 22- The directors of the company shall hold office for a one year period of ouc year but shall be eligible for re-election. Failing a 23. lu the eveut of a quorum not being present at the annual <|Uorum at an . c i i • • annual meeting general meetmg of the company the retiring directors shall hold office hold office Until their successors are appointed and the board shall convene another general meeting to be held within two months of the date of the annual general meeting to transact the business of the annual general meeting. fiii"^ vacancy at '^'*- ^^ ^^^ evBut of a vacancy arising on the board of directors board through the death, insolvency, disqualification or resignation of any of the directors or through the absence from three con- secutive meetings of the board of any member without leave of the board which shall ipso facto vacate his office the vacancy so arising will be filled by the directors whose appointee shall hold oflSce until the next annual general meeting of the company. 604 MUTUAL FIRE INSURANCE Cap. 120 6 35. The board may issue debentures, mortgages or promissory Borrowing notes in favour of any person, firm, company or banking insti- h°o7iT ° tution for money borrowed and they may borrow money for the purposes of the company for any term not exceeding one year and on such conditions as to interest and mode of repay- ment as they may think proper; and they may renew such deben- tures, mortgages or promissory notes from time to time if necessary ^\•ithin the said term of one year; but the total amount so borrowed shall at no time exceed one-half of the total amount remaining due on the premium notes held by the company. 36. The board shall not loan money to or borrow money Lending from any director of the company or enter into any contract S^ectos^*"'' *° with any director other than the issue of a policy of insurance forWdden in the ordinary course of business. 37. The directors may be paid a reasonable allowance for Directors travelling expenses to attend meetings of the board or to attend tSviiling" to the business of the company. expenses 38. At any annual general meeting of the company it shall Annual be lawful to vote to the directors or any of them for the pre- Sing may ceding year such sum or sums of money as may be deemed ^"'li^P^t^Jj;™' reasonable remuneration for their services. MEMBERS. 39. The company through its board of directors may admit Admission ot as a member thereof the owner of any property real or personal ""^"^ ^"^^ by the issuance to such owner of a policy of mutual insurance insuring such owner against loss in respect thereof as here- inafter provided and every person so admitted shall be entitled to hke rights and be subject to like liabilities as other members of the company. 30. No apphcant for insurance shall be deemed a member ^^^j^|°* "°* of the company or be entitled to be elected as a director of the company or be entitled to take part in any of the company's meetings until his policy of insurance has been issued to him. 31. Any member of a company may with consent of the Member may directors at any time withdraw therefrom upon such terms as consent of the directors may require in respect of his obligations to the company. 33. No member of a company shall be hable in respect of Limitation ot any loss or other claim or demand against the company other- '''*''"^'y wise than upon and to the extent of the amount unpaid upon his premium note or other undertaking. 605 Cap. 120 MUTUAL FIRE INSURANCE MEETINGS OF THE COMPANY. mdetin™^™' ' ^' ^^ ^^^ ^^'^^ general meeting of the company the members' shall appoint as a board of directors not less than seven nor more than fifteen duly qualified members of the company and they shall also pass such by-laws as shall be necessary in the interests of the company and they may appoint auditors or other officers of the company. Annua! Meiieral Meetings 34. Meetings of the members of a mutual compan)'- shall be held in every year ^\-ithin two months after the thirty-first day of December at such time and place as may be prescribed by the directors or by the by-laws of the company. At such meeting in addition to the election of directors there shall be submitted and considered a report of the transactions of the company for the preceding year together with a full statement of its affairs exhibiting in detail its receipts and expenditures and its assets and liabilities, and a report by the auditors of the com- pany thereon. Special meeting 35. A special meeting of the members shall be com-ened by the directors at the written request of ten members of the company and the directors may themselves convene such a meeting when occasion requires: notice in either case shall be given in the manner hereinafter provided. Notices of 36. Notice of an annual or special meeting of the company Special "general shall bc publishcd in OHB or morc dsiilj or weekly newspapers meetings published and circulating in the district embraced in the opera- tions of the company and be given by circular letter mailed by the secretary to the la^st known postal address of the mem- bers at least fourteen days previous to the date of the meeting. Votes at 37. Each member of the company shall be entitled at all meetings of the company to the number of the votes propor- tioned to the amount by him insured according to the following rates that is to say: For any sum under one thousand dollars, one ^'ote; from one thousand dollars to three thousand dollars, two votes. QUORUM AT MEETINGS. Quorum at 38. Fifteen members actually present shall form a quorum loar™''^"'^ at all meetings of the company and five directors shall be a meetings quorum at all board meetings. OFFICERS AND RECORDS. Treasurerto 39. The treasurer, secretary or other officer having charge give secunty ^j ^j^^ funds of the Company shall give security to the satisfac- tion of the board of directors in an amount to be fixed by a 606 MUTUAL FIRE INSURANCE Cap. 120 8 genei'al meeting or by the directors but not to be less than $2,000 for the faithful discharge of his duties. - 40. Every mutual company shall keep full and distinct Fuii records of records of all of its business and transactions including registers lone to be ke'pt of all policies issued and premium notes and cash payments received in respect thereof; books of accounts showing all cash transactions; minute books and letter books and such other records as are usual and necessary to give a full and clear idea of the operations of the company; and these records shall be at all times accessible to any director or auditor of the com- pany or to any one having authority from a general meeting on their behalf to examine and report upon the same. 41. At the annual general meeting or at a special meeting ^"^<^*'^^°^y of which due notice has been given one or more auditors of the t° ^e company may be appointed who shall make periodical or special examination of the books of the company and report" to the directors thereon and who shall receive such remuneration as may be fixed by that or any other meeting of the directors of the company. RETURNS. . r* 1 1 1 • • Annual return 42. \\ ithm one month after the annual general meeting m to the each year the secretary of the company shall file with the registrar a return verified by the affidavit of the president and the secretary setting forth: First, the assets of the company, specifying — (a) The value of real estate; (b) The amount of cash on hand and deposited in banks to the credit of the company naming the banks and the amount in each; (c) The amount of cash in company's office and in agent's hands respectively; (d) The amount of any loans or investments and the nature of the security held therefor in detail and what, if any, payments are in arrears thereon; (e) The amount of assessments on premium notes or under- takings on hand; (/) The amount still payable upon premium notes or under- takings on hand; ig) Other amounts due to the company. Secondly, the liabilities of the company specifying — (a) The amount of losses due and yet unpaid; (6) The amount of claims for losses resisted; (c) The amount of losses incurred during the year includ- ing those claimed but not adjusted; 607 9 Cap. 120 MUTUAL FIRE INSURANCE {(1) The amount payable for money borrowed and security given and interest payable; (e) The amount of all other ejiisting claims against the compan}'; * (/) The amount covered by policies in force in respect of each class of risk. Thirdly, the income of the company during the preceding year specifying — (a) The amount of cash received on premium notes; (b) The amount of premium notes or undertakings; (c) The amount of interest received ; (d) The amount of income from all other sources. Fourthly, the expenditure during the j'ear specifying — (a) The amount of losses paid during the year stating how much of the same accrued prior and how much subsequent to the date of the last preceding state- ment and the amount at which such prior accrued losses were estimated in such preceding statement; (b) The amount of expenses paid during the year; (c) The amount of taxes ; (d) The amount paid for reinsurance; (e) The amount of all other payments and expenditures under their appropriate heads. Fifthly, a full copy of all the by-laws adopted by the directors or by a general meeting during the preceding year. Sixthly, the names of the president, vice-president, secretary- treasurer, directors and auditors of the ompany appointed for the current year. Special 43. Any company shall further when required make prompt and explicit answer in reply to any inquiries in relation to its transaction which may be required by the Lieutenant Gov- ernor in Council; and any company which fails to make and deposit such statement as in the next preceding section required so verified or to reply to such inquiry and its manager and secretary shall be subject respectively on summary conviction for each offence to a fine or penalty of fifty dollars to be recov- ered on behalf of His Majesty for the use of the North-West Territories. INSURABLE PROPERTY. Subjects that 44. A mutual company may insure the owners of dwelling may ^e insured j^^^^^^^ household furniture, machinery, hvestock, farm produce, farm buildings and implements, churches, schools, cream- eries, cheese factories, warehouses, stores and merchandise, and other buildings and commodities situated in the Territories 608 MUTUAL FIRE INSURANCE Cap. 120 10 against loss through damage of such subjects by fire or light- ning, whether the same happens by accident or any other means except that of design on the part of the insured or by the invasion of an enemy or by insurrection. 45. Contracts of insurance by mutual companies shall not i^^'^iTcl "'t exceed the term of three years and unless a mutual company fg^.^^'^^^^^.^ has a reserve fund of at least two thousand dollars and premium notes and undertakings to the amount of at least five thousand dollars no single risks shall be undertaken and held by the Limit as to company alone for an amount larger than two thousand dollars. rS°""* °' The maximum amount of any single risk that can be undertaken and held by the mutual company alone is three thousand dollars. 46. All contracts of mutual insurance sealed with the seal ^^'^^^*,y °f of the company, signed by the president or vice-president andi^™™j=| countersigned by the secretary shall be binding on the com- pany. 47. Any contract may be renewed at the discretion of the be"renewS''by board of directors by renewal receipts instead of a new poHcy ;:™Ji^^' on the insured furnishing the required cash and premium note but such renewal must be effected before the actual lapse of the period of the principal contract. 48. The minimum rate to be charged or taken by any com-^'in™"™ pany for insuring first class isolated nonhazardous property charged shall not be less than thirty-three and one-third cents per one hundred dollars per annum; and the minimum rate of insur- ance upon other property shall be increased relatively with the increased risk according to the nature of such property. 49. The directors of a mutual company may make arrange- Reinsurance ments with any mutual or stock company carrying on business in the Dominion of Canada for reinsurance of risks undertaken by the company on such terms and conditions as to premiums and rates of losses as may be arranged. 50. If the pohcy be cancelled or avoided by the company ^^'^^„^g|,°fj„„ the liability of the insured on his premium note or undertaking °f po'^t^y shall cease from the date of such cancellation or avoidance on account of any loss that may occur to the company there- after but the party insured shall nevertheless be liable to pay his proportion of the losses and expenses of the company to the time of cancelling or avoiding the policy and on payment of his proportion of all assessments then payable and to become payable in respect of losses and expenses sustained up to such period shall be entitled to a return of his premium note or undertaking and such proportion of the premium paid by him as shall not have been absorbed by the losses and expenses of 609 11 Cap. 120 MUTUAL FIRE INSUBANCE the company up to such period and a condition to this effect shall be endorsed on the policy. ^fpfo"p™rty ^^- If 'the company become entitled to avoid a policy for insured alienation or partial alienation of the insured property or of any interest therein upon the return of the policy to the com- pany to be cancelled unless the directors elect to continue the same the assured shall be entitled to receive his premium note or notes upon payment of his proportion of all losses and expenses which had accrued prior to such surrender; but the assignee may have the pohcy transferred to him and upon application of the directors such assignee on giving proper security to their satisfaction for such proportion of the premium note or undertaking as remains unpaid and with their consent within thirty days next after such alienation may have the policy ratified and confirmed to him ; and by such ratification and confirmation the said assignee shall be entitled to all the rights and privileges and be subject to all the liabilities and con- ditions to which the original party insured was entitled and subject: Provided however that in case where the assignee is a mort- gagee the directors may permit the policy to remain in force and to be transferred to him by way of additional security without requiring any premium note or undertaking from such assignee or without his becoming in any manner personally liable for premiums or otherwise ; but in such cases the premium note or undertaking and liability of the mortgagor in respect thereof shall continue and be in no wise affected. Company may 53. Thc Company may accept premium notes or the under- premium taking of the insured for insurances and may issue poUcies ""*'' thereon said notes or undertakings to be assessed for the loss and expenses of the company in manner hereinafter provided. PREMIUM NOTES AND ASSESSMENTS. Part payment 53. The director may demand a part of the amount of premium IS,?//™'"" note or undertaking at the time that application for insurance is made; and such first payment may be in cash or by promis- sory note and may be credited upon said premium note or undertaking or against future assessments. Part payment 54. Thc dlrectors mav collect a portion of the premium in in CHSii «j 1 1 cash and take a premium note for the remainder thereof; and in case the amount so collected is more than sufficient to pay all losses and expenses during the continuance of the policy then any such surplus shall become part of the reserve fund. Assessments 55. The dlrcctors may make assessments upon premium notes notes before losses have happened or expenses have been incurred and any surplus from such assessment shall become part of the reserve fund. CIO MUTUAL FIRE INSURANCE Cap. 120 12 56. All premium notes or undertakines beloneins to the banner of company shall be assessed under the direction of the board of directors at such intervals from their respective dates and for such sums as they may think necessary to meet the losses and other expenditures of said company during the currency of the policies for which said notes or undertakings were given and in respect for which they are hable for assessment; and every member of the company or person who has given a premium note or undertaking shall pay the sums from time to time payable by him to the company during the continuance of the policy in accordance with such assessment; and any such assess- ment shall become payable in thirty days after notice of such assessment shall be mailed to such member or person who has given the premium note or undertaking directed to his post office address as given in his original application or in writing to the secretary of the company. 57. If the assesssment on the premium note or undertaking ^"j^^J"^^^^ °* upon any policy be not paid within thirty days after the day ^efa^i^un^^ on which the said assessment shall have become due the policy assessments of insurance for which said assessment shall have been made shall be null and void as respects all claim for losses occurring during the time of such nonpayment: Provided always that the said policy shall be renewed when such assessment shall have been paid unless the secretary give notice to the contrary to the assessed party in the manner hereinafter provided; but nothing shall relieve the assured party from his liability to pay such assessments or any subse- quent assessments nor shall such assured party be entitled to recover the amount of any loss or damage which may happen to property insured under such policy while such assessment shall remain due and unpaid unless the board of directors in their discretion shall decide otherwise. 58. A notice of assessment upon any premium note or under- Notice of taking mailed as aforesaid shall be deemed sufficient if it embody the number of the policy, the period over which the assess- ment extends, the amount of the assessment, the time when and the place where payable. 59. The assessment upon premium notes or undertakings Assessments to D6 T)ro rS:t9 shall always be in proportion to the amount of said notes or undertakings having regard to the branch or department to which their policies respectively appertain. 60. If any member or other person who has given a premium ^i^d^auit"'' note or undertaking shall for thirty days after notice of assess- ^°^ payment ment shall have been mailed to him in manner aforesaid neglect or refuse to pay such assessment the company may sue for 611 13 Cap. 120 MUTUAL FIRE INSURANCE Evidence L n suit and recover the same with costs of suit and such proceeding shall not be a waiver of any forfeiture incurred by such non- payment. 61. Whenever any assessment is made on any premium note or undertaking given to the company for any risk taken by the company or as a consideration for any policy of insurance issued or to be issued by the company and an action is brought to recover such assessment the certificate of the secretary of the company specifying such assessment and the amount due to the company on such vote or undertaking by means thereof shall be taken and received as prima facie evidence thereof in any court in the North-West Territories. 63. If there is a loss on property insured by the company the directors may retain the amount of the premium note given for insurance thereon until the time has expired for which insurance has been made and at the expiration of the said time the assured shall have the right to demand and receive such part of the retained sum as has been assessed for or become clue under fixed payments. Svln' up "after 63. Forty days after the expiration of the term of insur- conTract ^^'^^ ^^^ premium note given for the insurance policy shall on application therefor be given up to the grantor thereof provided all assessments levied and all losses and expenses with which the note is chargeable have been paid. RESERVE OR GUARANTEE FUND. Contents of note to be retained in event of loss to implement contract Reserve fund 64. The Company may form a reserve fund to consist of all moneys which shall remain on hand at the end of each year after payment of the ordinary expenses and losses of the com- pany; and for that purpose the board of directors may levy an annual assessment not exceeding twenty-five per centum on the premium notes or undertakings held by said company and such annual assessment may be made in advance; and such reserve fund may from time to time be applied by the directors to pay off such liabilities of the company as may not be provided for out of the ordinary receipts for the same or any succeeding year: Provided that such reserve fund shall be invested either in debentures or other securities of the Dominion of Canada or the provinces of the Dominion or the North-West Territories, or in municipal or school debentures or real estate mortgages or other securities or may remain in a chartered bank on deposit at interest. Reserve fund 65. The ix'scrvc fuud shall be the property of the company prop'erty of Hs a wholc aucl HO member shall have any right to claim any company gharc or interest therein in respect of any payment contributed (12 MUTUAL FIRE INSURANCE Cap. 120 14 by him towards it but in the event of the company being wound up possessed of an existing resei^ve fund the then members shall be entitled to divide the same among themselves pro rata according to the amount of their premium notes with the company. CASH PREMIUM INSURANCE. 66. A mutual company may effect polcies of insurance on poUcLs^^y the cash premium plan for periods not exceeding one year and ^^ ^^^™iJ^,^„ the directors shall prepare a tariff of rates for such pohcies but no single risk shall be undertaken of a larger amount than two thousand dollars. holders cash 67. Policy holders under the cash plan shall not as such beu°def_ members of the company or have any liability for its debts or ^^IJ'^l *^™- obligations. members of company BRANCHES OR DEPARTMENTS. 68. Any company may separate its business into branches Separate or departments with reference to the nature or classification of risks or of the localities in which insurances may be effected. 69. The directors of every company so separating its business ke^pTseparate'^" shall make a scale of risks and tariff of rates for each branch and direct that the amounts of each shall be kept separate and distinct the one from the other. 70. All necessary expenses incurred in the conducting and Apportion- management of any such company shall be assessed upon andS™enses divided between the several branches in such proportion as the directors may determine. MISCELLANEOUS. 71. The provisions of The Fire Insurance Policy Ordinance Fire msu shall apply to all policies issued by a mutual company but it cTrdtaancb .. shall be optional with the directors to pay or allow claims ^p/^jy^'j? which are void under the 3rd, 4th or 8th of the statutory con- ditions in said Ordinance and to waive the objections therein mentioned. 73. The company may hold such lands only as are requisite Limit on for the accommodation of the company in the transaction of its [^l^* *° '^"'^ business or such lands as have been bona fide mortgaged to it by way of security or conveyed to it in satisfaction of debts contracted in the course of its deahngs or purchased at sale upon judgments obtained for such debts and may from time to time sell, mortgage and convey or lease any such lands. 613 15 Cap. 120 MUTUAL FIRE INSURANCE Judgment against a mutual company not to issue for sixty^days Winding up Receiver to effect reinsurance if funds are available Receiver to file statement 73. In the event of judgment being obtained against a mutual company the issue of execution shall be stayed for sixty days from the date of judgment. 74. In the event of the corporate powers of the company being forfeited in terms of section 9 of this Ordinance or in the event of the members adopting a resolution at a general meeting of which due notice has been given to wind up the company the company may in general meeting appoint a receiver or receivers to conduct the winding up proceedings and such rece'.ver or receivers shall thereupon have the full power and authority of directors in the matter. 75. It shall be lawful for the receiver to use the reserve or guarantee funds if necessary to effect an equitable reinsurance of all risks held by the company whether held under the premium note plan or a short term policy on the cash plan. 76. After winding up the affairs of the company the receiver shall file with the registrar a full statement of his transactions and intromissions with copy of minutes of a general meeting approving of his report and management. 614 CHAPTER 121. An Ordinance to Establish and Incorporate a University for the North- West Territories. (1903, 2nd Session, c. 26.) Chapter 7, 1910 (2nd Session), substituted; amended, 1910 (2nd Session), c. 2, s. 24. 615 INDEX TO THE ORDINANCES OF THE NORTH-WEST TERRITORIES With Amendments made by Statutes of the Province of Alberta 1910 The figures refer to the foot paging. ACCIDENTS, COMPENSATION TO FAMILIES OF PERSONS KILLED BY. (See Compensation to Families of Persons Killed by Accidents.) Ch. 48 107 ACCIDENTS BY FIRE, INVESTIGATI9N OF. Ch. 36. Inquiry into cause of fire may be instituted by a justice 4i not to be instituted except (1) upon sworn statement of reason- able suspicion 44 (2) after report to Attorney General and receipt of authority to proceed 44 Examination of witnesses to be on oath, reduced to writing and returned to Attorney General 44 Penalty for nonattendance of witness and enforcement 44 ACTIONS, LIMITATION OF. Ch. 31. Prescription, no right to easement to be gained by 37 Real Property Limitation Act in force 37 ADMINISTRATION OF ESTATES. Ch. 119. Actions, limitation of 597 Administrators (See Executors, Trustees.) Administrator with will annexed may exercise power of sale given 593 Allowance to trustees 596 Application to court for advice 596 Appointment of new trustees 583 Breach of trust at instigation of beneficiary 587 technical, relief of trustees committing 591 Claim, notice to send in 589 notice of dispute of 594 procedure on 594 Covenants in leases, liability on 595 Debts to rank -pari passu in case deficiency 594 Executors (See Trustees.) actions by for toi-ts 591 against for torts 591 damages in 591 617 ^ INDEX The figures refer to the foot paging. ADMINISTRATION OF ESTATES— Continued. Executors, conveyance by, in pursuance of contract for sale made by deceased ■ 593 directions to sell, exercise of, by 592 duties and liabilities of 594 may sell or mortgage real estate charged 592 of lessor may distrain for rent 591 joint contractor liable 592 powers given by Ordinance survive 594 Infants, maintenance of, out of income 588 sale of property for maintenance and education 589 Interpretation 581 Investments, authorized securities 581 Judicial trustees 598 Leases, liability on covenants in 595 for rent and rent charges ■. 595 Limitation of actions 597 Married woman as trustee, conveyances by 586 Mortgagee not bound to inquire as to exercise of powers 592 Notice, to send in claims, distribution after 589 Payment into court by Trustees 590 Purchasers not bound to inquire as to exercise of powers 592 Rent, distress for, by executors and administrators 591 liability of trustee for 595 Retirement of trustee 584 Securities authorized 581 Short title 581 Trustees, agents, appointment of by 586 allowances to 596 applications by, for advice 596 authorized investments for 581 breach of trust by, at instigation of beneficiary 587 compositions by 588 distribution by, after notice 589 exoneration of, respecting powers of attorney 588 include executors and administrators 581 indemnity of 582 insurance against fire by 587 investment by, ceasing to be authorized 582 judicial 598 legal personal representative of, takes fee simple 586 lending on insufficient security, where not liable 582 more than authorized amount 582 married woman as 586 new, appointment of 583 payment into court by 590 powers given are additional 581 proviso 582 receipts of to be discharges 586 powers of, to give 587 retirement of 584 sale by, exercise of power of 585 depreciatory conditions of 586 survivor may act 588 Trust property, vesting of in new trustee 585 distribution of after notice 589 Vesting of trust property in new trustees 585 ADMINISTRATORS. Ch. 119 (See Administration of Estates.) 581 ADVOCATES. Ch. 51 (See Legal Propession.) 118 AFFIDAVITS, COMMISSIONERS FOR TAKING. Ch. 24. (See Com- missioners TO Administer Oaths.) 25 AGENTS, MERCANTILE. Ch. 40 (See Factors and Agents.) 74 AGRICULTURE, DEPARTMENT OF. Ch. 8 8 618 INDEX O The figures refer to the foot paging. AGRICULTURAL SOCIETIES. Ch. 69. Accounts audit of 239 of joint boards 241 Auditor appointment of 237 certificate of 239 of joint exhibitions 241 tenure of office 237 By-laws 240 Cheques, who to sign 235 Commissioner 234 may appoint Liquidator 243 may call meetings 238 Department 234 Directors annual report 239 elected by ballot 237 meetings 239 quorum at meetings 240 to appoint secretary 237 treasurer . . . . : 237 Disorganization 243 Exhibitions 241 board of management 236 company 241 grants for 242 joint ' 241 prize lists of 241 Fairs ' 242 grants for 242 joint 241 prize lists of 241 superintendent of 237 Forms 244, 245 Funds banking 235 expenditure of 235 receipts and expenditure 239 ■ Grants exhibitions, for 242 experiments, for 242 field grain competitions 242 good farms competitions 243 horticultural exhibitions 242 poultry exhibitions 242 seed grain fairs 242 spring stallion shows 243 membership, for 241 nonpayment of 242 payment of 242 treasurer's security .■ 238 Lands, disposal of 240 Liquidator 243 Meetings annual 238 business at 239 by-laws at 240 Commissioner may call 238 directors 240 failure to hold 238 Meetings, first 236 other 238 reports at 239 report of first 236 Members, organization 235 quorum 240 voter's qualification 237 619 •i INDEX The figures refer to the foot paging. AGRICULTURAL SOCIETIES— Cojiimwed. Membership, appUcation for 230 fee for 236 Notice of meetings 238 special meetings 241 Objects 234 Officers 237 vacancies 238 Official records 243 Organization 235 Quorum, directors 240 members 240 Real estate, disposal of 240 Records, official 243 Regulations 240 Reports at annual meeting 239 Returns, annual meeting 240 first meeting 236 Schedule 244 Short title 234 Societies, subject to this Ordinance 235 Society 234 starting a 235, 236 disorganizing a 243 Statements, at annual meetings 239 Superintendent of Fairs 237 Treasurer, security by 238 Voter, qualification of 237 AID TO HOSPITALS. Ch. 20 (See Hospitals.) 20 ALIMONY. Ch. 29. Supreme Court has jurisdiction to grant 35 When granted, continues until further order 35 ANIMALS, ENTIRE. Ch. 78 (See Entire Animals.) 318 ANIMALS, HERDING OF (See Herding of Animals. Ch. 81.) 344 (See Pound Districts. Ch. 79.) 323 ANIMALS, PROTECTION OF FROM DOGS. Ch. 82. Action for damages not barred 357 Proceedings against owner of vicious dog 357 Proof of knowledge of owner unnecessary 357 When dog may be killed 357 ANIMALS, STRAY. Ch. 80 (See Estray Animals.) 336 ARBITRATION. Ch. 35 43 ASSEMBLY, LEGISLATIVE. Ch. 2 (See Legislative Assembly.) 2 ASSESSMENT OF RAILWAYS, Ch. 71. _. .■•.■■•.•.• 247, 248 Annual statement by railway companies to municipalities and school districts Assessment of land, roadway and superstructure Exemption, as regards certain debenture indebtedness Notice of assessment Taxes payable to municipality or school district collection of ASSESSMENTS, SCHOOL. Ch. 105 (See School Assessments.) 481 ASSESSMENTS, SCHOOL, AMENDED. Ch. 114. (Sec School Assess- ment.? Amended.) 563 ASSIGNMENTS, FOR CREDITORS. Ch. 97 468 620 INDEX a The figures refer to the foot paging. ASSIGNMENTS, PREFERENTIAL. Ch. 42 79 ASSIGNMENT OF CHOSES IN ACTION. Ch.41. (See Choses in Action) 78 ATTORNEY GENERAL, DEPARTMENT OF. Ch. 6 6 AUCTIONEERS, HAWKERS AND PEDLARS. Ch. 58 128, 129 Application for license Auctioneer, license must be obtained by application for issue of expires 31st December fees Fees on issue of licenses Hawker, interpretation hcense must be obtained by application for, statement to be furnished issue of expires 31st December fee sales by, limited to goods set forth in application Interpretation "hawker" "pedlar" IJcense to auctioneer, hawker or pedlar application for hawker's or pedlar's license, statement to be furnished expires 31st December fees Municipalities excepted from operation of Ordinance Pedlar, interpretation license must be obtained by application for, statement to be furnished issue of expires 31st December fee sales by, limited to goods set forth in application Penalty for violation of Ordinance AUDIT OF PUBLIC ACCOUNTS. Ch. 10. (See Treasuey Department.) 10 AUDITORS, OFFICIAL. Ch. 102 (See Official Auditors.) 473 BEET SUGAR FACTORIES. Ch. 104 480 No assessment to be made by any municipality, etc., hereafter incor- porated, for 20 years Not to affect existing municipalities, etc BENEVOLENT AND OTHER SOCIETIES. Ch. 66. Benefits to members, exempt from claims by creditors or personal representative 222 payment of in good faith to wrong person 222 recovery by person entitled 222 Branches may be established 221 different, or societies may unite for building 222 By-laws, rules and regulations, power to make 221 alter or rescind 221 Certificate, judge's, on declaration of incorporation 221 to be filed in office of registrar 221 defect in form not to invalidate incorporation 224 of incorporation, effect of as evidence 223 application to judge for 224 practice and costs on. . . 224 evidence required on. . . . 224 issue by clerk of court 224 contents of 221 registrar's, on copy declaration 223 Change of name or purposes 225 proceedings for 225 621 INDEX The figures refer to the foot paging. BENEVOLENT AND OTHER SOCIETIES— Coiitinmd. Change of name, judge's order to be filed 225 certified copy of evidence of change 225 rights and obligations of society not affected by 225 Declaration of incorporation 221 duplicate, to be in 221 certificate of judge to be indorsed on 221 defect in form not to invalidate incorporation 224 filing with registrar 221 fee for 221 certified copy to be evidence 223 Defects in form of judge's certificate, etc., no invalidity by reason of. . 224 Different branches of societies may unite 222 Exchange of lands by society 223 Forms, approval of by Lieutenant Governor in Council, effect of 225 Incorporation for certain purposes 221 proceedings for 221 Lands (See Powers of Society.) Minors, liability to pay fees, etc 222 Mode of incorporation 221 Mortgage of lands, power to 223 Obligations and rights of societies not affected by change of name 225 Officers, power to appoint 221 Payment, in good faith to wrong person of benefit of members 222 Power to form societies for certain purposes 221 Powers of society 222, 223 lands, etc., as to acquiring, etc., limited 222 by gift, etc., limited 223 sale, mortgage, etc., of by society 223 Rights and obligations of society not affected by change of name 225 Sale of lands by society 223 Secretary, power to appoint 221 Societies, different, or branches may unite for building 222 Statement of real property, etc., held, to be furnished when required.. . . 225 Treasurer, power to appoint 221 Union of societies or branches for purpose of building, etc 222 - resolution for 222 BILLS OF SALE. Ch. 43. Affidavits and affirmations, to accompany mortgage and conveyance.. . . 82 who may administer 91 fee for administering 91 Agent 's authority for taking or renewal may be general 88 Alterations of districts 81 "Assignee " includes agent or manager of incorporated company 88 Assignment, filing of 89 to be filed before renewal of mortgage 88 "Bargainee" includes agent or manager of incorporated company 88 Book, register to be kept by registration clerk 84 register of seed grain mortgages 85 By-laws authorizing mortgages, register of 87 Causes for seizure by mortgagee, on default 86 Certificate of discharge of mortgage 89 form of 90 Certified copy of mortgage to be evidence 91 Clerks, registration 81 to enter instrument 84 Companies, mortgages 87 by-laws authorizing 87 Conditional sales of goods 83 Conveyance of growing or future crops 84, 85 Crops growing or future, security on 84 valid only if for purchase price, etc.. of seed grain 84, 85 statement to be contained in the affidavits of bona fides 85 must be sown within one year of mortgage 85 a preferential security 85 particulars to be stated in mortgage and affidavit 85 separate register of, to be kept by registration clerk 85 622 INDEX / The figures refer to the foot paging. BILLS OF SALE— CotUinued. Debentures, mortgages to secure 87 Default, procedure under mortgage on 85 causes for seizure by mortgagee 85 Description of property in instrument to be full 84 assignment for benefit of creditors^ exception as to 84 Discharge of mortgage 89 entry of 90 certificate of 90 form of 90 Districts, registration 80 new, may be formed 81 not to affect mortgages 89 Entry and endorsement of discharge of mortgage 90 Errors, rectification of 88 Evidence, certified copy of instrument to be 91 registration of clerk's certificate to be 91 Expiry of time for filing, on Sunday or holiday 91 False statements in instruments, etc., effect of 84 Fees for filing seed grain mortgage 85 administering affidavits, etc 91 filing copies, searches and certificates 91 Filing, time for, expiry on holiday or Sunday. 91 Forms 92, 93 Holiday, time for filing expiring on 91 Hours, office of, registration clerk 82 Mortgagee, causes for seizure by 85 Mortgages of chattels 82 Mortgages, form of 91 registration of, within thirty days 82 effect of 82 certified copy of, to be evidence 91 discharge of 89 has effect only in registration district where registered 84 affidavits of execution and bona fides to accompany 82 where new districts formed 89 to secure future advances or to indemnify 83 affidavits of execution and bona fides to accompany 83 registration of within thirty days 83 has effect onlj' in registration district where registered 84 renewal of 86 to secure debentures 87 renewal of 87 "Mortgagee" includes agent or manager of incorporated company 88 New districts, formation of, not to affect mortgage 89 Oaths, officers for 91 fee for administering 91 Office hours 82 Omission to register instrument, effect of 84 Payment, default in 84 Rectification of errors and omissions 88 Register to be kept by registration clerk 84 of seed grain mortgages to be kept 85 Registration to be in district where property situate 84 time for 83 Registration clerks for existing districts, continued 81 appointment of 81 office hours 82 not to prepare instruments, etc 82 duties as regards registration 84 Registration districts, existing 80 new may be constituted 81 Removal of chattels from registration district 90 mortgagee to receive twenty days prior notice 90 certified copy of mortgage to be filed within three weeks in district to which goods are removed 90 Renewal of mortgage 86 statement to be filed within two years 86 yearly thereafter 87 623 O INDEX The figures refer to the foot paging. BILLS OF SALE— Continued. Renewal of mortgage, form of 86 affidavit verifying, to accompany 87 personal representative or assignee may malce 88 Sale of goods, etc., without immediate delivery 83 to be by conveyance in writing 83 registration within thirty days required 83, 84 affidavits of execution and bona fides to accompany 83 effect of omission of 84 has effect only in district where registered 84 Schedule 92 Securities on crops 84 Seed grain mortgages (See Crops.) Seizure by mortgagee (See Causes for Seizure.) Short title 80 Time for filing expiring on a holiday or Sunday 91 BIRDS, PROTECTION OF USEFUL. Oh. 107. (See Protection of Useful Birds.) 529 BIRTHS, DEATHS and MARRIAGES. Ch. 14. (See Vital Statistics.) 14 BOARDING HOUSE KEEPERS. Ch. 56. (See Hotel and Boarding House Keepers.) 123 BOARDING STABLE KEEPERS. Ch. 57. (See Livery, Boarding and Sale Stable Keepers.) 125 BOILERS, STEAM. Ch. 17 (See Steam Boilers.) 17 BRANDS. Ch. 76. Board of Brand Commissioners 311 "Brand" defined 307 Brands, allotment of 308 application for 308 fee on 314 cancellation of conflicting 309 unused 309 change 309 commissioner may allot 308 commissioners 311 defacing 312 evidence of ownership 308 exclusive right t ) 308 form of 308 limited to two for horses and two for cattle 309 nature of 308 ownership of 308 evidence of 309 publication of recorded 309 charge for 309 record of 308 certificate of 309 search of 308 significance of 308 transfer of (See "Transfer") 310 use of 308 unrecorded 312 cancellation of conflicting 309 unused 309 "Cattle" defined 307 Certificate of record, issue of 309 '"^'■'^ evidence of 309 Commissioners 311 Definitions 307 " Department " defined 307 Drovers 310 Evidence, brand as 308 certificate of record as 309 624 INDEX y The figures refer to the foot paging. BRA'NDS—Contiii'ued. Fees, tariff of 314 Forms . '.312, 313 " Horse " defined 307 Indian on reserve, brand not to be allotted to 309 Interpretation 307 Offences 312 "Owner" defined 307 dead or absent 310 Penalties 312 Publication of recorded brands 309 " Record " defined 308 change in 309 search of 308 transfers of 310 Recorder of brands, appointment of 308 changes in brand by 309 duties of 308 Removal of stock 310 Shipment of stock out of Territories 310 Short title 307 Statement in lieu of vent 310 form of 313 " Stock " defined 307 " removal of, in province 310 Transfer of brands, entry of on record 310 effect of 310 fees on 314 memorandum of 310 form of 312 transmitted to recorder 310 owner dead or absent 310 stock, vent on 310 exceptions 310 Travelling stock 310 "Vent" defined 307 on stock slaughtered or shipped 310 statement in lieu of 310 Vent on stock, statement, form of 313 on transfer of stock 310 BREEDERS OF HORSES. Ch. 115 (See Horse Breeders.) 564 BULLS (See Entire Animals. Ch. 78.) 318 (See Herding op Animals. Ch. 81.) 344 BUTTER AND CHEESE. Ch. 65 220 CEMETERIES. Ch. 68. Board of ^Trustees 228 appointment of successors 229 may hold land 228, 229 may sue and be sued 229 organization of 228 Book of record of by-laws and proceedings 231 for management of cemetery and erection of monuments 231 shareholders to have free access to 231 Burials, record of 233 '^ rights to search and make extracts therefrom 233 By-laws, directors may pass 232 ■^ record of, to be kept 233 Cemetery and buildings, etc., to be kept in repair 23 1 to be drained 231 exempt from taxation or seizure 232 to be enclosed ; 231 Companies formed, continued, subject to this Ordinance 227 Conveyances, directors may by by-law empower president to execute ... 229 625 10 INDEX The figures refer to the foot paging. CEMETERIES— Conimued. Directors, annual election of 230 board of 230 quorum 230 choice of first 230 qualification of 230 Dividends 230 Funerals, proper conduct of 232 Gazette, notice of formation in 227 Graves for strangers and poor 231 not to be near buildings 232 Incorporation, conditions and procedure 227 Instrument, to be executed by shareholders on formation of company . . 228 (or duplicate) to be deposited with Territorial Secretary 227 Interest on paid up stock 229 Land exempt from taxes 232 to be held and conveyed for purposes of cemetery only .... 229 to be outside of town 229 transfer of to be registered 229 Liability of trustees 233 Lots exempt from taxation and seizure 232 size of 230 Notice of formation of proposed company to be published in Gazette .... 227 Owners of lots, rights of 230 Penalty for fouling water 232 misconduct in cemetery 233 suit for recovery of 232 limitation of time for 232 Poor, graves for, to be furnished free 231 Powers of Company 227 President, election and duties of 231 Records of burials 233 of by-laws and proceedings 231 Regulations, record of to be kept 233 trustees may frame 232 Reservation of part of cemetery for exclusive use of religious society or congregation 231 Sales, application of proceeds of 230 lots of any size may be sold 230 Shareholder, qualifications of to vote 230 rights of 229 who is a 230 Short title 227 Stock, amount adequate to purchase ground to be subscribed on forma- tion of company 227 calls on 231 forfeiture for nonpayment of 231 directors may remit if call paid 231 interest on stock not represented by land 229 receipt for, to de deposited with Territorial Secretary 227 25% to be paid on formation of company 227 Strangers, graves for, to be furnished free 231 Successors to trustees, appointment of 229 Transfer of land to be registered within twelve months 229 Trustees appointed under Ordinance No. 5 of 1892 continued, and sub- ject to this Ordinance 228 board of 228 hability of 233 organization of 228 successors to, appointment of 229 Voters upon election of directors, qualification of 230 Water, fouling, penalty for 232 damages, civil action for 232 suit for recovery of 232 limitation of time for. . . 232 CHATTEL MORTGAGES. Ch. 43 (See Bills op Sale.) 80 626 INDEX 11 The figures refer to the foot paging. CHEESE MANUFACTURING ASSOCIATION. Ch. 65. (See Butter AND Cheese.) 220 CHEMISTS AND DRUGGISTS. Ch. 54. (See Pharmaceutical Asso- ciation.) 121 CHILDREN, ILLEGITIMATE. (See Support of Illegitimate Children. Ch. 118.) 580 (See Devolution op Estates. Ch. 101.) 472 CHILDREN, INSURANCE FOR BENEFIT OF. Ch. 49. (See Insurance for Benefit of Wife and Children.) 108 CHIMNEYS, CONSTRUCTION OF. Ch. 88. (See Construction of Chimneys.) 367 CHOSES IN ACTION. Ch. 41 78 CIVIL SERVICE. Ch. 5 (See Public Service.) S CIVIL JUSTICE. Ch. 21 (See Judicature.) 22 CLERKS AND DEPUTY CLERKS. Ch. 22 23 COAL MINES REGULATIONS. Ch. 16 16 COLLEGE OF PHYSICIANS AND SURGEONS. Ch. 52 119 (See Medical Profession.) COMMISSIONERS TO ADMINISTER OATHS. Ch. 24 25 COMMISSIONERS OF INQUIRY INTO PUBLIC MATTERS. Ch. 12 . . 12 COMPANIES, JOINT STOCK. Ch. 61 132 Actions, against member by company 182 articles of association in 174 corporate names in 174 existing .continued 186 memorandum of association in 174 notices to company 175 authentication of by company 175 resolutions of company, in 174 security for costs 182 Actions, ser^dce on company 175 (See also Evidence.) Advertisement of appointment of director 153 misleading 154 Allotment (See Shares.) Annual summary, entry of share warrant in 159 to be made 141 form of 210 Arbitration by 183 The Arbitration Ordinance to apply 183 Articles of association, conclusive proof of contents 174 copy to be furnished member 137 fee for 137 effect of 135 forms of (See Schedules.) special resolutions embodied in 179 Attorney, power of by company 179 Auditors, appointment of, annually, etc 181 Bills and notes 167 Borrowing powers 167 special resolution sanctioning 167 Business, commencement of 170 restrictions on 170 not to be carried on with less than three members 170 Calls, adjustment of 157 627 12 INDEX The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Capital 139 conversion of shares into stock 132 distribution of 139 increase of 165 notice of 143 reduction of 159 "and reduced" added to name 160 cancelling unused shares by 163 creditors, concealing names of 163 consent of dispensed with 161 ignorant of, rights saved 162 may object to 161 minute to be part of memorandum of association .... 162 embodied in copy of memorandum of association 163 order and minute to be registered 161 confirming 160 Certificate of incorporation, date of 136 evidence, as 136 existing companies, of 185 mining company, of 155 Change of name, by registrar 137 company 165 proceedings for 165 effect of 165 Contracts by, how made 166 agents or officers, by 167 bills and notes 167 parole 166 simple 166 specialty 166 Constitution of (See Incorporation.) Creditors, provisions for the protection of 168 rights of on reduction of capital (See Capital.) 161 Defunct, name of, to be struck out 138 Directors, advertisement of appointment of 153 auditors, not to be 181 dividend not to be paid by, when company insolvent 147 liability of for loan to shareholder 148 statements in prospectus 151 limited company, of, liability may be unlimited 166 named in prospectus improperly 153 preference shares, issue of by 155 recovery from co-directors 153 register of 170 unlimited liability, with 146 contributions in winding up 146 notice to, on election 147 set off, may have 147 Dividends, adjustment of 157 not to be paid when company insolvent 147 Evidence, articles of association 174 certificate of incorporation 137 membership, of 182 memorandum of association 174 minutes 182 register of members 144 report of inspector 180 resolution, certified copy of 174 title of shares, of 142 Existing company, certificate of registration of 185 may register 183 application for 184 procedure for 183 vary objects 184 obligations of 185 False statement, penalty for 182 628 INDEX The figures refer to the foot paging. COMPANIES, JOINT STOCK— Cnntinusd. Fees, Tables B and C, Schedule 1 200 Foreign (See Foreign Companies.) Formation of (See Incorporation.) Forms, alteration of 183 (See Schedules 1 and 2.) Incorporation 133 articles of association 135 effective from date of certificate 13& liability, mode of limiting 133 memorandum of association, proviso re bank notes, etc... . 133 of company limited by shares 133 form of 201 by guarantee 134 form of 201,207 unlimited company 134 effect of 135 regulations. Table A, adoption of 135 application of 135 Table A 187 three persons required for 133 Insolvent, dividend not to be paid when company 147 security for costs when 182 Inspection of register of members 142 Inspectors, application for appointiment of 179 basis of 179 appointment of by Lieutenant Governor in Council 179 special resolution 180 expenses of 180 powers of 180 report of 180 authentication of 180 Interpretation 132 Legal proceedings (See Action, Evidence.) Liability, directors of, unlimited 146 for loan to shareholder 148 wages 148 statement in prospectus 151 limited 133 limited company may make liability of directors unlimited . . 146 members, of, on shares 143 unpaid portion of shares 144 Liability, members of mining company, of 157 shares of mining company 155 winding up, on 145 mining companies, of shareholders in 157 mortgagee of shares 145 pledgee of shares 145 prospectus, for statement in 151 shareholder (See Member.) transfer to escape 141 trustees of 145 unlimited 134 Meetings, general 177 requisition for 177 minutes of to be kept 182 statutory 175, 176 preparation for 175 Members, defined 139 deceased 140 increase of, notice of 143 interest of, nature of 140 liability of in winding up 145 loan to prohibited 148 may call meetings 177 mining company of, liability 157 register of 140- 629 14 INDEX The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Members, three required 170 transfer by personal representative 140 Memorandum of association (See Incorporation.) alteration of 163 confirmation of 163 grounds of 164 by limited company 165 altered, registration of 164 copy to be furnished member 137 Mining companies, certificate of incorporation of 155 documents of, to be marked 156 existing 157 shares of, assessments on 156 liability on 157 no personal liability 155 to be marked 155 Minutes, authentication of, etc 182 Mortgagee of shares 145 Mortgages, register of 169 Name, actions, in 174 " and reduced " added to 160 change of by company 165 proceedings for 165 effect of 165 by registrar 137 effect of 138 defunct company, of, to be struck out 138 new 137 pubHcation of 168 penalty for neglect of 169 same as one in use, not to be 137 Notices, authentication of, by company 175 ' service of, on company 175 by letter 175 Objects, alteration of 163 Office, change in 168 company shall have registered 168 notice of situation of 168 Personal representative, transfer by 140 Pledgee of shares 140 Power of attorney of company 179 Proceedings (See Action, Evidence, Meetings, etc.) Promoter, liability of, for statement in prospectus 151 Property, transfer of, to company on registration 185 Prospectus, contents 148 effect of not filing 153 indemnity where name improperly inserted as director. ... 153 liability for statement in 151 publication of 148 what companies must file 153, 159 Reduction of capital (See Capital.) Register of directors to be kept 170 penalty for neglect 170 Register of members 140 closing of 143 evidence ,as 144 inspection of 142 notice of trust not to be entered on 142 omission or error in 143 rectification of, notice of 144 share warrant, entry in 169 Register of mortgages, to be kept 169 penalty for neglect of 170 Registrar, Territorial Secretary to be 132 Registration 130 certificate of incorporation 136 evidence, as 137 630 INDEX 15 The figures refer to the foot paging. COMPANIES, JOINT STOCK—C ontinued. Registration compulsory '. 186 effect of 136 existing company of 183 apphoation for 183 certificate of 185- procedure for 183 fees on 136 memorandum of association, of altered 164 name not to be same as other company 137 change of 137, 138 effect of 138 penalty for neglect of 186 special resolution, of 178 Regulations, application of Table A 135, 187 alteration of 177 voting, as to 178 Remedy for omission or error in register 143 Repeal 186 Resolutions, special 177 embodied in articles of association 179 registration of 178 supplied to members 179 Schedule 1. — Table A 187 accounts 197 balance sheet 199 directors 193 disqualification of 194 powers of 194 proceedings of 195 rotation of 194 dividends 196 general meetings, procedure at 190 increase in capital 190 notices 197 shares 187 calls on 187 conversion of into stock 190 forfeiture of 188 transfer of 188 transmission of 188 votes of members 192 Table B, fees 200 Table C, fees 200 Schedule 2.— Form A. Memorandum of association of company limited by shares 201 Form B. Memorandum and articles of a company limited by guarantee and not having a capital divided into shares 202 Form C. Memorandum and articles of a company limited by guar- antee and having a capital divided into shares 207 Form D. Memorandum and articles of unlimited company having capital divided into shares 208 Form E. Annual summary 210 Security for costs 182 Shareholder (See Member, Shares.) Shares, allotment of, irregular, effect of 172 restrictions on 171 returns as to 172 annual list of 141 calls on, adjustment of 157 certificates as evidence 142 commissions, discounts, etc., on 174 consolidation of, notice of 142 conversion of into stock 142 dividends on, adjustment of 157 evidence of title to 142 mining company of 155 to be marked 155 631 16 INDEX The figures refer to the foot paging. COMPANIES, JOINT STOCK— Continued. Shares, preference 155 reduction of 159 statement of 158 subdivision of 157 Share warrants, bearer of, re-registration of 158 rights of 159 entry in register of 159 may be issued 158 particulars of in summary 159 transfer of 158 Short title 132 Summary, annual 141 form of 210 Territorial Secretary to be Registrar 132 Title, evidence 142 Transfer by personal representative 140 entry of 140 liability to escape 141 property, of, to company 185 Trust, notice of not to be entered 142 company not bound to see to 142 Trustee, liability of 145 Unlimited liability (See Directors.) Voting, p.-ovision where no regulations as to 178 Wages, liability of director for 148 Winding up, liability of directors, unlimited, contribution from 146 members in 145 COMPANIES, FOREIGN. Ch. 63 (See Foreign Companies.) 212 COMPANIES, TRUST. Ch. 112 (See Trust Companies.) 552 COMPANIES, WATER, GAS, ELECTRIC, AND TELEPHONE. Ch. 103 474 (See Water, Etc., Companies.) COMPANIES WINDING UP. Ch. 111. Accounts, of liquidators 542 of winding up laid before meeting 549 Application of Ordinance 535 Assistance of the Court (See Court.) Bank account of liquidators 542 pass book of liquidators 542 Books, production of to Court 546 disposal of 550 Commencement of, time of 535 Consequences, of commencing to wind up 535 Consequences, company, extent of existence of 536 property, application of disposal of directors, power of to cease inspectors, appointment of revocation of remuneration liquidators, appointment remuneration security from powers of Contributories, calls on list of, settled by liquidators 540 evidence of 541 liability to be 541 list of, settled by Court 541 certificate of 541 procedure on 541 personal representative of, to be 541 proceedings by 547 representative capacity, in 54 1 632 INDEX 17 The figures refer to the foot paging. COMPANIES WINDING VP—Coniinued. Contributories, shareholders' liability as, after transfer of shares 510 Costs, expenses and charges, priority of 543 Court, application to by liquidators 544 appeals 548 books, production of may be ordered 546 costs 548 damages against directors 546 enforcement of orders 548 examination of persons by 546 inspection of books, order for 545 liens, determination of 546 liquidators, appointment and removal of by 547 meetings may be ordered by 545 payment by contributories, order for 545 into bank 545 powers of are additional 545 proceedings by contributories 547 property, order by, for delivery of 545 resolution may be received, confirmed or varied by 547 rules of 551 settlement of list of contributories by 545 stay of action by 544 subpcEna may issue 546 Dissolution of company 549 deposit by liquidator after 550 order for 550 reported to registrar 549 penalty for delay in 550^ procedure on 549 time of 549 Dividends unclaimed, disposition of , . . . . .'! Expenses, costs and charges, priority of 543 Extraordinary resolution, defined 534 requiring winding up 535 Inspectors, appointment of 536 revocation of 536 remuneration 536 summary jurisdiction, subject to 542 Interpretation 534 Liquidators, account of winding up to be laid before general meeting by 549 appointment of 536 by Court 547 deposit by on dissolution of company 550 penalty for omission 550 description of, in proceedings 542 duties of 542 examinations of persons by, may be ordered 546 powers of, general 536 Liquidators, powers of, arrangements with creditors 539 compromise by 539 distribution of assets 538 sale by, to be binding 539 objection to by member 539 proceedings on 539 shares of other companies may be accepted by 539 time fixed by, for sending in claims 538 wages to be preferred by 535 meetings to be called by 543 remuneration 536 in case none fixed 543 return of to registrar 549 penalty for delay in 550 security from 536 several, powers of 536 summary jurisdiction, subject to 542 vacancy in office of, filling 543 Meetings, annual 543. 633 18 INDEX The figures refer to the foot paging. COMPANIES WINDING VP— Continued. Meetings, court may order ' 545 general 543 liquidators to call : 543 notice of 544 subsequent 543 vacancy in office of liquidator to be filled by 543 voting at , . . 544 Members of company, directions from as to property 537 may have meeting called 543 Order for, on application of contributory 535 of Court generally. (See Court.) Powers of liquidators (See Liquidators.) Court (See Court.) Practice, affidavits 549 application to Court for winding up 548 books to be prima fade evidence 549 rules of Court, judges to make 551 rules of procedure in ordinary cases to apply 549 stay of proceedings 549 Salary, priority of 538 Short title 534 Special resolution defined 534 requiring winding up 535 Wages, priority of 538 When companies may be wound up 535 order of Court, by, on application voluntarily, by resolution conditions necessary Winding up, commencement of, time of 535 consequences of COMPENSATION TO FAMILIES OF PERSONS KILLED BY ACCI- DENTS. Ch. 48 107 Action, who to benefit by Compensation, when recoverable Interpretation "parent" and "child" Limitation of action COMPENSATION, WORKMEN'S. Ch. 98. (See Workmen's Compen- sation.) 469 CONDITIONAL SALES OF GOODS. Ch. 44. Bailor _ (See Seller.) Certified copies of instruments filed prima fade evidence 95 Conditional sales of goods to be in writing and registered 94 Evidence, copies of instruments to be 95 Fees for registration, copies and certificates 96 Incorporated companies, sales of to railway companies 94 Instruments, copies of, to be evidence 95 Memorandum of satisfaction of seller 95 Notice of sale, mode of 95 time for 95 Possession, retaking 95 Registration place, time and manner of 94 fees 96 Removal of goods 95 Retaking possession 95 Sale by seller or bailor retaking possession, five days' notice of intention to be first given 95 Satisfaction, memorandum of, to be given by seller or bailor on payment or tender of amount due 95 may be registered 95 Seller or bailor retaking possession to hold for redemption for 20 days . . 95 CONFIRMATION OF TAX SALES. Ch. 109. (See Tax Sales, Con- firmation OF.) 531 634 INDEX 19 The figures refer to the foot paging. CONGREGATIONS, LANDS HELD IN TRUST FOR. Ch. 38. (See Religious Societies, Etc.) 47 CONSTABLES. Ch. 33 39 CONSTRUCTION OF CHIMNEYS. Ch. 88 367 CONTAGIOUS DISEASES. Ch. 19. (See Public Health.) 19 CONTROVERTED ELECTIONS. Ch. 4 4 CORPORATIONS. (See Interpretation Ordinance. Ch. 1) 1 Foreign (See Foreign Companies. Ch. 63) 212 Joint Stock Companies (See Companies. Joint Stock. Ch. 61) 132 Municipal (See Municipalities. Ch. 70) 246 CREDITORS, ASSIGNMENTS FOR. Ch. 97. (See Assignments for Creditors) 468 CREDITORS' RELIEF. Ch. 26 27 DAIRYMEN'S ASSOCIATION. Ch. 65. (See Butter and Cheese) ... . 220 DEATHS, MARRIAGES AND BIRTHS. Ch. 14. (See Vital Statistics.) 14 DECISION OF LEGAL QUESTIONS. Ch. 100 471 DENTISTRY. Ch. 53 120 DEPARTMENT OF AGRICULTURE. Ch. 8. (See Agriculture, Department of.) 8 DEPARTMENT OF ATTORNEY GENERAL. Ch. 6. (See Aotorney General, Department of.) 6 DEPARTMENT OF PUBLIC WORKS. Ch. 9. (See Public Works, Department of.) 9 DEPARTMENT OF TERRITORIAL SECRETARY. Ch. 7. (See Territorial Secretary, Department of.) 7 DEPARTMENT OF TREASURY. Ch. 10. (See Treasury Depart- ment) 10 DEPUTY CLERKS. Ch. 22. (See Clerks and Deputy Clerks) 23 DEPUTY SHERIFFS. Ch. 23. (See Sheriffs and Deputy Sheriffs) 24 DEVOLUTION OF ESTATES. Ch. 101 472 Illegitimate children to talte Mother entitled if no wife, child or father of illegitimate child to take Widow entitled to estate if no children DISTRESS FOR RENT AND EXTRA-JUDICIAL SEIZURES. Ch. 34. Costs in distraints limited 40 in seizure under chattel mortgages, etc., limited 40 penalty for taking unauthorized 40 Distraint for rent limited to property of tenant 41 exceptions 41 interest on mortgage limited to goods not exempt from seizure under executions 41 notice to be given before sale 41 Schedule 41 DITCHES. Ch. 108. (See Drainage) 530 635 "0 INDEX The figures refer to the foot paging. DOGS, PROTECTION OF ANIMALS FROM. Ch. 82. (See Animals, Protection of Fkom Dogs 357 DOWER. Ch. 101. (See Devolution of E.states) 472 DRAINAGE. Ch. 108 530 DRUGGISTS AND CHEMISTS. Ch. 54. (See Pharmaceutical Asso- ciation) 121 DUTIES, SUCCESSION. Ch. 116. (See Succession Duties) 568 EDUCATION. (See Schools. Ch. 75) 252 (See University. Ch. 121) 615 ELECTIONS. Ch. 3. ELECTIONS, CONTROVERTED. Ch. 4. (See Controverted Elec- tions) i ENGINEERS, OPERATING STEAM BOILERS. Ch. 17. (See Steaii Boilers) 17 ELECTRIC COMPANIES. Ch. 103. (See Water, etc., Companies.). .. . 474 ENTIRE ANIMALS. Ch. 78 318 Advertisement of capture of stallion or bull 310 Bull nine months old and upwards not to run at large 318 exception 318 (See "Stallion or BuU.";^ "Captor," interpretation of expression 318 Capture, advertising 319 " Department," interpretation of expression 318 Fees to captor of stallion or bull 320 to justice 321 to salesman -320 Forms 321, 322 Herd district 320 Interpretation 318 "Justice" 318 "Minister" 318 "Owner" 318 Owner unknown 319 Penalty for omitting to pay caDtor's fees, etc 319 owner allowing stallion or bull to run at large after notice . . . 320 Pound district 320 Run at large, "running at large" 318 Short title 318 Stallion or bull running at large may be captured and detained 319 except in pound or herd district 320 owner to be notified by captor 319 to pay captor $5 and 25 cents per diem for keep . . 319 penalty for omission 319 proceedings for sale on failure 320 owner unknown, publication of notice, etc 319 fees to captor 320 costs of advertising, reimbursement of 320 sale, failing claim or payment 31 ti justice's fees 32.. who may sell 320 auctioneer's license not necessary 320 salesman's fees 320 proceeds of, disposition of 320 remitted to treasurer 320 paid to owner 320 return by J. P. to department. . . . 320 E.STATES, ADMINISTRATION OF. Ch. 119. (See Administration OF Estates) 581 636 INDEX 21 The figures refer to the foot paghig. ESTATES, DEVOLUTION OF. Ch. 101. (See DEvoLnTiON of Estates) 472 ESTATES, SUCCESSION DUTIES ON. Ch. 116. (See Succession Duties) 568 ESTRAY ANIMALS. Ch. 80 3.36 Advertising 337 Animal defined 336 procedure at sale 340 Animal, when may be sold 336 "Brand Reader" defined 336 Brand reader to receive fees 341 "Cattle" defined 336 " Estray " defined 336 Fees, to brand reader 341 finder 336 salesman 340 justice 340 "Finder" defined 336 Forms 336 "Horses" defined 336 Interpretation 336 Justice, defined 336 to receive fees 336 "Minister" defined 340 Offences and penalties 341, 342 Owner defined 336 known 337 may recover animal on tender of expenses 338 what expenses allowed 338 payment of proceeds to 339 settlement of disputes as to expenses 338 justice's fees for 338 unknown 337 Rights, no impairment of 342 "Salesman," defined 336 to receive fees 340 "Sheep"' defined 336 Short title 336 EXECUTION CREDITORS. PRIORITIES ABOLISHED. Ch. 26. (See Ckeditohs' ReliefI 27 EXECUTORS. Ch. 119. (See Administration of Estates) 581 EXEMPTIONS FROM SEIZURE. Ch. 27 28 Article forming consideration of judgment not exempt except for food, bedding and clothing 29 Execution debtor entitled to choice from articles exempted 29 Exemption rights of deceased execution debtor continued to family. . 29 not extended to absconding debtor leaving no wife or family 29 Real and personal property exempt from seizure 28 Short title 28 EXTRA-JUDICIAL SEIZURES. Ch. 36. fSee Distress foe Rent) .... 40 FACTORIES, SUGAR. Ch. 104. (See Beet Sugar Factories) 480 FACTORS AND AGENTS. Ch. 40 74 "Agent." (See Mercantile Agent) Agreements through clerks, etc., deemed agreements with agent 75 Common law powers of agent amplified and not derogated from by Ordinance 77 Consent of owner of goods to disposition by agent, presumed 75 Consignors and consignees, provisions as to 76 Disposition by mercantile agent 74, 75 buyers and sellers of goods 76 637 76 ^■i INDEX The figures refer to the foot paging. FACTORS AND AGENTS— Coniiraued. Disposition by seller retaining possession valid as though authorized by owner ■ • buyer obtaining possession valid as if he were a mercantile agent in possession with consent of owner 76 " Document of title," interpretation 74 Document of title, effect of transfer of on vendor's lien or right of stoppage in transitu 76 how transferable 76 Effect of transfer of documents on vendor's lien or right of stoppage .... 76 Exchange of goods or documents, rights acquired by 76 "Goods," interpretation 74 Interpretation 74 " Mercantile agent," interpretation • 74 powers under common law amplified by Ordinance 77 powers respecting disposition of goods 74 disposition by, consent of owner presumed 75 agreements through clerks, etc., deemed agree- ments with 75 liability of 77 Mode of transferring documents 77 Ordinance amplifies common law 77 Owner's rights in respect of goods in possession of agent or assigned or pledged, etc., or proceeds thereof 77 " Person," interpretation 74 "Pledge," interpretation 74 Pledge of document of title to goods deemed pledge of goods 75 goods for antecedent debt 75 Possession, when person deemed in 74 Powers of agent, at common law, amplified 76 Provisions as to consignors and consignees 76 Rights acquired by exchange of goods or documents 75 Short title 74 "Title," document of, interpretation 74 Transfer of document by indorsement or delivery 77 effect of, on vendor's right of lien or right of stoppage in transitu 76 FEMALES, SLANDER OF. Ch. 30. (See Slander) 36 FENCES. Ch. 77. .......... 315 Animals trespassing, liability of owner 316 Arbitration on disagreements as to fencing or damages 317 exception as to herd and pound districts 317 Damages (See Liability) 316 Fence, lawful absence of 315 defined 315 around crops 316 around stacks 316 line or boundary adjoining owners to contribute to erection and repair 316 disagreement respecting, arbitration on 316 trails, across 317 Liability of adjoining owner to contribute to erection of line or boundary fence 316 of owner of domestic animals trespassing 316 disagreement respecting, arbitration on 316 exception as to herd and pound districts 317 Short title 315 Trails, fences across closed 317 FIRE, INVESTIGATION OF ACCIDENTS BY. Ch. 36. (See Accidents BY Fire, Investigation of) 44 FIRES, PRAIRIE AND FOREST. Ch. 87. (See Prairie and Forest Fires) 362 FIRE INSURANCE. Ch. 113 556 Appeal 557 638 INDEX 23 The figures refer to the foot paging. FIRE mSHRANCE— Continued. Commencement 557 Company to be liable notwithstanding trifling defects in proof 556 Conditions held by Court to be unjust and unreasonable to be null and void 557 Short title 556 Statutory conditions 556, 557 legality of 551 schedule of 558, 559 variations in 557 When loss payable to miortgagee, notice of cancellation, etc., to be given mortgagee 556 FIRE INSURANCE, MUTUAL. Ch. 120. (See Mutual Fire Insurance) 600 FOREIGN COMPANIES. Ch. 63 212 Affidavit or declaration to be filed 214 Annual statement, contents of 214 exception 215 fee on 216 further 216 penalty for default 216 time of 214 verification of 215 Balance sheet 214 filing of 214 Certificate of registration 214 evidence, as 214 publication of 214 Charter, defined 212 filed when 214 Companies liable 218 not hable 217 Copy, last balance sheet, to be filed 214 Duties of, registered companies 216 Evidence of registration 214 burden of proof 216 Fees 218 when payable 213 municipality not to impose 217 Forms 217 alteration of 217 Goods imported by 213 Hudson Bay Company 217 Interpretation 212 Penalty, for default in annual statement 216 unregistered 212 Power of attorney 214 approval of by registrar 214 replacing former 214 Procedure to obtain registration 214 affidavit 214 charter and regulations 214 copy of balance sheet 214 Registered companies, duties of 216 municipality, not to impose fee on 217 payment of fees by 213 rights of 213 to hold lands 216 to sue 216 Registrar 212 annual statement to 214 defined 212 revocation and suspension by 217 Registration, certificate of 214 evidence as 214 publication of 214 procedure 214 639 24 INDEX The figures refer to the foot paging. FOREIGN COMPANIES— ConimMerf. Registration, certificate of revocation and suspension of 217 removal or cancellation of 217 Replacing former attorney 214 Schedule 218 Short title 212 Suits and proceedings against 214 Substitutional service 216 court or judge may order 216 notice of 216 power of attorney to accept 214 Suspension 217 removal of 217 To be registered 212 Unregistered, carrjring on business 212 no right of action by 216 penalty for 212 exception 217 FOREST FIRES. Ch. 87. (See Prairie and Forest Fires) 362 FORM AND INTERPRETATION OF ORDINANCES. See Interpre- tation. Ch. 1) 1 GAME, PROTECTION OF. Ch. 85 360- GAOLS. Ch. 1. (See Interpret.\tion) 1 GAS COMPANIES. Ch. 103. (See Water, Etc., Compaxies) 474 GAZETTE. Ch. 11. (See Public Printing) 11 GENERAL TRUST CORPORATION OF CANADA. Ch. 93 447 GOODS, CONDITIONAL SALES OF. Ch. 44. (See Conditional Sales OF Goods) 94 GOODS, SALE OF. Ch, 39. (See Sale op Goods) 56 GOVERNMENT DITCHES. Ch. 108. (See Drainage) 530 GRANTS FOR PATRIOTIC PURPOSES. Ch. 99. (See Patriotic Purposes) 470 GRANTS TO SCHOOLS. Ch. 106. (See School Grants) 524 HAIL INSURANCE. Ch. 110 533 HAWKERS. Ch. 58. (See Auctioneers) 128 HEALTH, PUBLIC. Ch. 19. (See Public Health) 19 HERDING OF ANIMALS. Ch. 81 344 Animals, defined 344 may be impounded 346 actions as to 346 temporarily impounded 347 to be placed in authorized pounds 346 Fees 353, 354 Forms 354, 356 Herd district, defined 345 organization of 345 when and how organized .345 notice given 345 objections 345 stallions or bulls in 346 proviso 346 Impounding, notice of 349 640 INDEX 25 The figures refer to the foot paging. HERDING ()F ANIMALS— Con/inuw/. Impounding, copies to be posted at pounds ;M9 Impounded animals .'US may be released before impounding 848 payment of charges on :')48 penalty for improper i!4S pound keeper to detain 849 sale of 849, .3.50 Interpretation 844 Offences and penalties 8.52, 353 Operation of Ordinance 345 Owners, claims to net proceeds of sale 8.50 complaints of 850 damages may be claimed by actions in competent court 852 defined 844 remedies at common law 352 proviso 852 what action may be taken by 8.50 Pound keepers, appointment of 847 burden of proof 853 defined 844 duties of 847 fees 353, 3.54 not to have interest in sales 349 be licensed as auctioneer 350 offences and penalties 852, 353 registration of 347 to detain all impounded animals 849 Publication of notices 847 Short title 344 Sale of impounded animals 349, 350 pound keeper, not to have interest in 349 not to be licensed as auctioneer. . . 350 proceeds of 350 disposal of 350 owner's claim to 350 when, may be sold 849 not sold 84:1 HIRE RECEIPTS. Ch. 44. (See Conditional Sale.s of Goods) 94 HOLIDAYS. Ch. 1. (See Interpretation) 1 HORSE BREEDERS. Ch. 115 504 Advertisements of stallions 565 evidence of 565 Certificate, of pure bred stallions 564 cross bred stallions 565 grade stallions 565 Commencement 566 Copies of certificate of registration to be posted 566 Enforcement of lien 566 application of proceeds 566 sale of colts 566 Filing evidence of claim for service 565 effect of 565 Forms 566, 567 Interpretation 564 Penalties 566 Registration of stallion 564 certificate of 564 to be posted 564 of lien for service 56.") filing evidence of 565 effect of filing 565 Repeal of Ch. 20, 1899 566 Short title 564 641 26 INDEX The figures refer to the foot paging. HOSPITALS, PUBLIC AID TO. Ch. 20. Advances on account from time to time (repealed) 20 False return, penalty for 21 Grants in aid of hospitals 20 Hospitals, aid to 20 Inspection of hospitals 21 Interpretation 20 Ordinance to come into effect, when 21 Regulations, Lieutenant Governor in Council may prescribe 20 Repeal of chapter 20, Consolidated Ordinances 1898 21 Returns, when and how to be made 20 false, penalty 21 Short title 20 Time for Ordinance to come into effect 21 HOTEL AND BOARDING HOUSE KEEPERS. Ch. 56 Detention of trunks and personal property of person indebted for board and lodging 12.3 (See also Lien.) General revenue fund, unclaimed surplus in hands of Territorial Treasurer for one year to form part of 123 Liability of hotel keeper for safe keeping of property detained 123 property brought on to premises, limited. . 124 Lien of hotel and boarding house keeper 123 additional to other legal remedies 123 none for liquors 123 none if hotel keeper refuses to receive goods for safe custody 124 none unless copy of Ordinance kept posted in hotel 124 Liquors, no lien for 123 Notice of intended sale to be posted up 123 Ordinance, copy of to be kept posted in hotels 124 Ordinances, rights under, additional to other legal remedies 123 Proceeds of sale, disposition of 123 Property of lodger may be detained and sold for board, etc 123 Responsibility of person seizing for safe custody of goods seized. . . . 123 (See Liability.) Right of detention and sale of goods of lodger indebted 123 Sale by auction after expiration of three months from seizure 123 notice of, to be posted up 123 proceeds of, application of 123 surplus, disposition of 123 Seize, landlord may, trunks and property on premises 123 Short title 123 Surplus to go to person entitled 123 unclaimed. Territorial Treasurer to hold for one year, failing claim, to form part of general revenue fund 123 Three months, after board, &c., unpaid for, may sell detained goods after notice 123 ILLEGITIMATE CHILDREN. (See Support of Illegitimate Children. Ch. 118) 580 (See DevOLTJTiON of Estates. Ch. 101) 472 IMPRISONMENT UNDER ORDINANCES. Ch. 1. (See Interpreta- tion) 1 IMPROVEMENT, LOCAL. Ch. 73. (See Local Improvement) 250 INFANTS. Ch. 21. (See Judicature) 22 INQUIRY. Ch. 12. (See Commissions or Inquiry) 12 INSANE PERSONS. Ch. 90 444 INSPECTION OF PUBLIC OFFICES. Ch. 12 12 (See Commission of Inquiry into Public Matters) 12 INSPECTION OF STEAM BOILERS. Ch. 17. (See Ste.ui Boilers) . . 17 642 INDEX 27 The figures refer to the foot paging. INSPECTION OF STOCK. Ch. 95. Butchers to keep record of cattle slaughtered 464 Certificate, improperly issued 464 cancellation of 464 of memorandum of sales 464 Date of effect 466 Deputy inspector of stock 463 Evidence of right to possession of stock to be produced 464 Form 466 Hides, butchers to keep record of 465 of animals slaughtered by others than butcher 465 purchaser of to keep record 465 removal of 465 to be kept 465 Inspectors 463 have powers of constable 463 deputy inspectors 463 return of . . . .' 465 Inspection fee 464 Interpretation 463 Penalties for breach of Ordinance 465 Purchasers of hides to keep record 465 Removal of hides of animals 465 Repeal of portions of Ch. 76, CO. 1898 465 Short title 463 Stock to be inspected before shipped 463 INSTITUTES, MECHANICS AND LITERARY. Ch. 67. (See Mechanics Institutes) 226 INSURANCE, HAIL. Ch. 110. (See Hail Insurance) 533 INSURANCE, FIRE. Ch. 113. (See Fire Insurance) 556 INSURANCE FOR THE BENEFIT OF WIFE AND CHILDREN. Ch. 49. Ante-nuptial policy, subsequent declaration for benefit of wife or chil- dren valid 108 Appointment of trustee, etc 110 company to be notified 113 Apportionment of insurance for benefit of wife and children or wife, chil- dren or child 108 may be varied by declaration of will 109 absence of, division 109 death of beneficiary or beneficiaries 110 Assignment of policy 109, 113 persons entitled in succession 113 Bonuses and profits subject to direction of insured 112 Borromng money for payment of premiums, sums borrowed a first lien on policy 112 Children as a class beneficiaries, proof of number, names and ages to be adduced to company 110 Consolidation of actions 113 Creditors' rights 113 Guardian, to give security Ill Husband may insure for benefit of wife and children 108 Insurance for benefit of wife and children, or wife, children or child, ap- portionment 108 may be in name of insured, wife or trustee declared for benefit of wife or children, a trust and not part of husband's estate 108 surrender or assignment of policy 109 surrender of policy for paid up policy 112 Interpretation 108 Notice to company if appointment by declaration 113 Payment of insurance money 110 into court by company admitting claim Ill costs of 112 bv company admitting claim, under judge's orders 112 643 28 INDEX The figures refer to the foot paging. INSURANCE FOR BENEFIT, ETC.— Cont.imietl. Payments to executors where no trustees appointed as provided Ill Rights of creditors, where fraud intended 113 Surrender or assignment of policy 109, 113 Trustee, appointment of and investment by 110, 11 1 payment to, discharges company 110 failing appointment of trustee, executor or guardian, company admitting claim may pay money into court Ill INSURANCE, MUTUAL FIRE. Ch. 120. (See Mutual Fire I.\-.surance) 600 INTEREST, DISTRESS FOR. Ch. 34. (.See Distress for Rent.). ,. . 40 INTERPRETATION AND FORM OF ORDINANCES. Ch. 1 1 INTESTATES. (See Administration op Estates. Ch. 119) 581 (See Devolution of Estates. Ch. 101) -172 INTOXICATING LIQUORS. Ch. 89. (See Liquor License) 36S INVESTIGATION OF ACCIDENTS BY FIRE. Ch. 36. (See Accidents BY Fire, Investigation of) 44 IRRIGATION DISTRICTS. Ch. 74 251 JOINT STOCK COMPANIES. (See Companies. Ch. 61) 132 JOINT STOCK COMPANIES, FOREIGN. (See Foreign Companies. Ch. 63) 212 JUDICATURE. Ch. 21 22 JURIES. Ch. 28 ^ 30 Additions to jury list, remuneration to sheriff 33 Appointment for striking panel 31 Card?, names of persons summoned to be written on 32 Called to act on jury not to be, more than once in two years 30 Challenges 3! Civil cases, issue of precept in 31 Clerk of Court, to be furnished jury list by sheriff 30 Commencement of Ordinance 33 Criminal matters special list to be prepared by clerk 31 constitution of panel 31 Cost of special jury to be paid by party applying for 33 not to exceed costs of common jury 33 Enforcement of penalty for omission to obey jury summons 32 Forms 33. 34 Juror, qualification for ,30 exempted persons shall not be called more than once in two years 30 selection of Jury, list to be furnished clerk by sheriff 30 summoning 32 special, constitution of 32 costs of 33 addition to, remuneration for 33 List to be furnished clerk by sheriff 30 special, to be prepared by clerk 30 to contain 24 names 31 additions to, remuneration to sheriff for 33 Names on special list 31 of jurors to be written on separate cards 32 Omission to obey summons 32 penalty ,32 ' enforcement of 32 Ordinance, commencement of 33 Precept to summon jury 31 in civil case to issue to party 31 644 INDEX 29 The figures refer to the foot paging. JVRIEti—Continued. Precept in criminal cases to sheriff 31 Panel, constitution of 31 striking, appointment and notice 31 Persons exempt from acting on jury 30 Qualifications for juror 30 Remuneration to sheriff for additions to jury list 33 Return of precept by sheriff 32 Schedule 33 Selection of jurors 32 Sheriff to furnish jury list to clerk of court 30 remuneration to, for additions to jury list 33 precept to be issued to 31 return of by 32 Specal list to be prepared by clerk 30 i contain 24 names 31 jury, constitution 32 costs of, to be paid by party applying for 33 on taxation allowance not to exceed costs of common jury 33 Striking panel, appointment and notice 31 Summoning jury 32 Summons, omissions to obey 32 penalty 32 enforcement of 32 JUSTICES OF THE PEACE. Ch. 1 and Ch. 32 1, 38 L.\ND HELD BY TWO OR MORE PARTIES. Ch. 37 46 Tenancy in common unless contrary intention evidenced 46 LAND HELD IN TRUST FOR RELIGIOUS SOCIETIES. Ch. 38. (See Religious Societies) 47 LANDLORD AND TENANT, OVERHOLDING TENANT. Ch. 34. (See Distress for Rent) 40 LAW SOCIETY. Ch. 51. (See Legal PRorEssioN) 118 LEGAL PROFESSION. Ch. 51 118 LEGAL QUESTIONS, DECISION OF. Ch. 100. (See Decision of Legal Questions) 471 LEGISLATIVE ASSEMBLY. Ch. 2 2 LIEN NOTES. Ch. 44. (See Conditional Sales of Goods) 94 LIENS OF MECHANICS. Ch. 59. (See Mechanics' Liens) 130 LIENS OF THRESHERS. Ch. 60. (See Threshers' Liens) 131 LIMITATION OF ACTIONS. Ch. 31. (See Actions, Limitation of).. 37 LIQUOR LICENSE. Ch. 89. Accommodation in hotels, requirements of licensee refusing, penalty Action (See Suit) Advertisement of applications for license Accommodation in hotels 375 licensee refusing, penalty 392 Action (See Suit) Advertisement of application for license 377 Agent, principal liable for certain acts of 391, 401 occupant liable for certain acts of 402 Analyst. Provincial 410 Appeal from grant of license 388, 389 certiorari 41 0-413 Application for license 376-382 645 30 INDEX The figures refer to the foot paging. LIQUOR 'LICENSE— Continued. Application for accommodation required in hotels, proof of 375 advertisement of 377 applicant to attend personally 381 bond to be furnished on 382 certificate of result to be forwarded Attorney General 378 character of applicant, if objected to notice to be given .... 383 costs of adjournment 380 company, by 373 decision of board final 383 evidence on, how taken 381 form of petition 425 hearing and determining 382 adjournment of 377 not to be entertained unless certain conditions exist 380 objections and protests 379, 383 papers to be sent inspector for production to board 378 open to public inspection 378 persons entitled to be heard on 383 protests against 379 railway dining car for 374 recommendation required in certain cases 380 refusal of, for unfitness of applicant 383 rehearing 383 removal, application for 387 renewal, application for 379 report of inspector 381, 382 use of 382 may be dispensed with, when 383 appHcation at other than regular period 379 Territorial Treasurer, to be sent to 375 transfer, applications for 386, 387 Attorney General may sue sureties for penalties 385 may issue permit for consumption of liquor at banquet 409 may suspend license in certain cases 392 report to be submitted to Legislative Assembly 389 to keep register of licenses 389 certificates of, prima facie evidence 408 to advertise applications 377 send inspector, list of applications 377 notify successful applicants 378 issue licenses 378 require receipt for municipal license 384 licenses to be signed by 372 Auctioneer selling liquor, part insolvent's estate 369 Bar, access to and from 392 billiards, etc., excluded from bar room 392 doors, windows, etc 392 elections, to be closed during 391 hours during which must be closed 390 hours of closing, notice of 390 one only to be kept 390 musical instruments, etc., in 392 persons found in, during prohibited hours, penalty 391 persons, under 21 years not to loiter or linger about 395 sitting room to be distinct from 376 view of, not to be obstructed 392 Bartenders 422. 424 Barter of liquor by licensee, penalty (See penalty) 393 Bills and notes, for quantities less than one half gallon 395 Board of license commissioners, application to (see application for license) appointment of 370 cancellation of licenses by 385 causing license to issue illegally, penalty 400- chairman and secretary 370 duties of on applications 382 meetings of 377 oath of commissioners 371 646 INDEX 31 The figures refer to the foot paging. LIQUOR UCENSE— Continued. Board, powers of justices at hearings 381 majority in absence of, meeting to be adjournel 377 not to act as J.P.'s, in license oases 406 recommendation of, required for licenses 377 regulations by, proof of 408 remuneration 371 secretary 370 term of office 370 Boarder or traveller, pretending to be 400 Bonds by licensees, on application 384, 385 in case of removal 388 form of 427 member of assembly not to sign unless licensee 421 Bottling works, hcense fee 384 Brewers and distillers 399 Bribery of inspector 400 Cancellation of licenses 385, 388 Canteen Ordinance, application to 370 Cards playing, with betting 394 arrest on view 394 Certiorari, procedure 411 Chemists and druggists, provisions affecting 397 Chief License Inspector 371 Church, licenses not to be granted within 200 yards of 375 Cities (See Municipalities . ) Clubs, not incorporated by special Ordinance, sale by, prohibited 397 Commissioners (See Board of License Commissioners) Company, incorporated, may become licensee 373 Complaint (See Prosecutions) against grant of license or transfer 388 Commercial Travellers' license and fees 374 Confiscation of liquor found on unlicensed premises 403 Constable, authority of 402, 403 bribing or attempting to bribe 394 duties as to removal of disorderly persons 394 harbouring 394 obstructing, penalty for 402 powers and duties in preventing or detecting violation of Ordinance 402 supplying liquor to 394 Convictions (See Penalties, Prosecutions, Forfeitures.) effect on application for renewal 379 forms of 439, 440 No appeal from conviction against non4icensee 410 Penalty, where none fixed 401 procedure, where previous conviction charged 405 record of, to be endorsed on license 407 report of, to Attorney General 407 statement of convictions to be sent inspector 378 third, effect of 407 wholesale licensee, of, effect 372 Costs (See Penalties) to Justices 407 to Inspectors on Prosecutions 413 Dancing in bar-room prohibited 392 Death, accidental, while intoxicated, liability of person furnishing liquor 396 Dining car, sale of liquor on 374 Disorderly conduct on licensed premises, penalty 393 licensee may expel disorderly person 394 Disqualified persons, applicant refused for unfitness barred for two years 383 license commissioner 375 license inspector 355 person convicted for third offence 407 where tenant disqualified board may authorize owners' agent to continue business 387 647 32 INDEX The figures I'efer to the foot paging. LIQUOR LI( 'E^i