jfc><fc»^» »»rfh^,„~ 
 

Cornell University Library 
 KEN54441907a 
 
 The general ordinances of the North-West 
 
 3 1924 016 985 487 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924016985487 
 
TTHK 
 
 GENERAL ORDINANCES 
 
 OF 
 
 THE NORTH-WEST TERRITORIES 
 
 IN FORCE SEPTEMBER 1, 1905. 
 
 Being the Consolidated Ordinances of the Territories 1898 and all 
 
 subsequent public general Ordinances of the Legislature of the 
 
 Territories revised as affected by Ordinances in force at 
 
 the commencement of The Saskatchewan Act. 
 
 Editor, 
 
 REGINALD RIMMER 
 
 Advocate 
 
 PUBLISHED BY AUTHORITY 
 
 Regina: 
 John A. Reid, Government Printer 
 1907 
 
EDITOR'^ NOTE. 
 
 In this edition of the Ordiiiauces of the Xorth-West Territories the 
 object has been to include all Ordinances of public general utility in 
 force at the commencement of Tlie Sasliatcliewan Act. 
 
 The alphabetical arrangement of subjects has been adopted and is 
 strictly adhered to as the most com'enient and the only practical one 
 JA view of the mass of amendments to The Consolidated Ordinances. 
 
 Under each well Imown heading the Ordinances are printed chrono- 
 logically.- Italics distinguish the portions of the principal Ordinances 
 affected by subsequent amending Ordinances. Ordinances subsequent 
 TO the princij)al are printed in full except as to such portions as are 
 expressly amending or repealing to which effect is given in revision of 
 1 he principal Ordinances. To this rule there are the two next mentioned 
 exceptions. Under the title "Judicature" Section 2 of Chapter 5 of the 
 (Ordinances of 1899 is printed as Section I7a of the principal Ordin- 
 ance. Under the title "Public Printing" Section 3 of Chapter 5 of 
 3 901 is printed as Section 7 of the principal Ordinance. 
 
 The Chronological Tabic explains more fully the disposition of each 
 Ordinance passed by the Legislature from (and including) The 
 Consolidated Ordinances to the commencement of The Saskatcheivau 
 Act. 
 
 The Appendix comprises such ]Dortions of the Dominion Statutes as 
 are of most practical necessity in connection with the Ordinance 
 revised. 
 
 R. K. 
 
CHKO XOLOGIC A J, TAB r.K 
 
 
 
 K a^ 
 
 
 -^^ 
 
 Ul 
 
 5 'S 
 
 J 
 
 
 ID 
 
 < 
 
 2 -^ 
 
 i- 
 
 », '^ 
 
 
 o ^7 
 
 -J 
 
 
 < 
 
 -rt o 
 
 O 
 
 -^^ 
 
 
 O CD 
 
 O 
 
 ^tS 
 
 
 
 o3 o 
 
 ..1 
 
 '« 
 
 
 
 
 z 
 
 §1 
 
 
 
 o s 
 
 ft* 
 
 o^ 
 
 
 ^ 
 
 I 
 () 
 
 oft 
 tive 
 
 
 (S 
 
 
 
 
 rf cfi 
 
 
 ■^ 'So 
 
 P^ 
 
 „ 
 
 >> 
 
 ■w 
 
 o 
 
 « 
 
 o 
 
 re 
 
 
 
 
 « 
 
 
 •d 
 
 
 t» 
 
 a 
 
 
 
 d 
 
 
 >•. 
 
 
 o 
 
 ^ 
 
 
 +J 
 
 
 
 r3 
 
 (M 
 
 
 01 
 
 t3 
 
 
 'T^ »- 
 
 •-e 
 
 
 EH 
 
 O 
 
 1-5 
 W 
 
 02 
 
 13 
 
 IS 0) 
 O P< 
 
 or 
 
 
 CO 
 
 a 
 w 
 
 a 
 
 'm 
 
 'Si 
 
 c- 
 
 OJ 
 
 0) ' 
 
 
 a 
 
 o s 
 
 a23 
 
 S O) 5ao 
 
 ^ tH =H 
 
 o o o 
 
 +-» +j +j 
 
 a a a 
 
 a> <D cj 
 
 a a a 
 
 •)-) -M -M 
 
 C-i Ph p 
 
 oj cd oj 
 Q^ Qi Oi 
 
 o) d> a> 
 
 T" ^ +J 
 
 O 73 .S 
 JJ PI +^ 
 
 a&^ 
 
 tj '-' CJ 
 
 O' S 3 
 
 QRCu 
 
 3 
 til 
 
 o 
 
 -4-> 
 
 o 
 
 •-0 
 
 2 
 
 &< 
 o 
 
 u 
 
 a 
 
 (M 
 
 CO t^ CO 05 O ^H C4 
 
 ■bC 
 
 O 
 
 O 
 
 SI 
 
IV 
 
 CfiiiONOLOGICAL TABLIi; 
 
 J?; 
 o 
 
 m 
 o 
 
 w 
 
 ? '^ 3i 
 
 •d 
 
 9 a 
 Hi"' 
 
 P3 
 
 H 
 H 
 
 O 
 
 1-5 
 
 M 
 P 
 
 OS 
 
 -d 
 
 o to CI ^ £ 
 
 w cJl sJ 
 
 , C. 1 
 2, C. 
 s. 2, 
 0, s. 
 a add 
 
 . pvovi 
 
 ded 190 
 
 a add 
 
 s. 1; 
 
 
 O • QJ '*H 
 
 o: ts "^ ~r 
 
 05 m M • 
 
 =^^S"' 
 
 I — ^ 00 C5 at 
 ■d - t- 
 
 ^ r— < 
 
 'M 
 
 o: 
 
 . OS O ' 
 
 . o 
 
 tn 
 
 
 M 
 
 <M ii .,' 
 
 
 * C5 'O 
 
 (M t- 00 C» ii 5 
 
 • CZJ ■ tfi ^ - 
 to 05 %£! CO 
 
 Gi'd 
 
 o « 
 
 • o 
 
 ȣ 
 
 , 03 
 3 
 "" CO 
 
 • o 
 
 _j a. 0- 
 
 CL P. 
 
 I m 
 
 ■d 'd 
 
 TT a) C) 
 
 . ' ■*-* 
 u o o ' 
 
 ■■ '50 
 go ci to 
 
 §20= £ 
 
 "d "d ^ , 
 
 ;ii --J ot 52 
 B C5 +J o 
 
 g3 3J p OS 
 
 0) <u s 
 
 o 
 • • o cJ 
 
 Q^ a* fa- _r 
 
 CS ( 
 
 ■d IN H 
 
 d - 
 9 1 
 
 CJ "C <M 
 
 • S 'd 
 
 ' . '^< 
 « '• 
 
 o 'O 
 
 CJ 1' 
 
 I—' fC 
 
 -C 00 
 
 2 M 
 
 ~ „ -« 
 
 K ec 2 "* 
 o 
 
 -=2=1:; 
 
 ■^ "d o 
 -noi ■ 
 
 E a; c in 
 
 ^ = J- , 
 '^ m -tJ * 
 i- ^ o 
 
 I 5^2 
 
 . Q O; 
 ^ 'd 
 ..(-■« 
 
 U5 22 « 
 
 - (M ' 
 
 00 CI c 
 0) o 
 
 CO ^ 
 
 w ^ "^ ■ 
 
 OS a; J rj 
 
 ec 
 
 fci »: 
 
 : oc 
 
 0) OS 
 
 .a ^ 
 COH 
 
 
 ^ ... 
 
 O (M 
 
 & 
 
 a) CO p 
 
 g a c § -< ■" J= 
 
 -J- .4_ 'd 
 
 IH Q 0) 
 
 o ^ 10 
 
 "-O 1 
 
 62! 
 
 <N 
 
 » fc) o; 
 
 f «0 •' 
 
 J I— I T^ 
 3 
 
 - a 02 
 
 ■* 2 o 
 s-'-d^' 
 • •■d . 
 
 CC f^ IK 
 
 • ^^ QJ 
 
 " B 00 
 
 • =0 - 
 
 2§g 
 
 — ad 
 
 a; o 
 
 60 •-' 
 " '00 
 
 « o 
 
 o 
 
 OS - o 
 
 T^ OS — c 
 
 c "" - ■ 
 
 . — o 
 
 03 £ 5 
 
 CO 
 
 00 
 
 -d 
 
 ^ 
 
 
 
 m 
 
 B 
 D 
 
 
 •cf 
 
 u 
 
 6 
 
 
 s 
 
 a 
 
 S!E=.- 
 
 OS 
 
 • a 
 
 S m- 
 
 cc [>, CO 
 
 c -d o 
 -(J 
 
 f-H -MO 
 
 
 go 
 
 o -d t: 
 
 ^5^ 
 
 (M 00 
 
 n'^'d 
 m " ^ 
 
 •*■■ m °^ 
 
 ^S'd 
 £.S g 
 
 E • a 
 
 00 
 
 Oo3 
 
 • . IE 
 
 ■ fct^ E 
 
 CI CO »r? c ics 
 
 o o 
 
 OS OS 
 
 p 
 
 fl 
 
 W) 
 
 
 
 m 
 
 
 
 
 a> 
 
 m 
 
 
 
 
 P 
 
 CQ 
 
 Mco tJ 
 •p 5 
 
 S -2 2 a S 
 
 a 
 
 t> o o o o 
 
 O 
 
OHKOlSrOlOGIOAL TABLE 
 
 o 
 
 
 03 
 
 —, 
 
 
 -•c^ 
 
 
 .^"^ 
 
 CO a 
 
 
 c« 
 
 o 
 
 W (M 
 
 o 
 
 
 
 <y in 
 
 2 o 
 
 'S'o 
 
 a> 
 
 a &" 
 
 M CO 
 
 J2 
 
 -d 
 d 
 
 S . oi 
 
 P 
 -d 
 
 m 
 
 CO 
 
 a 
 •a 
 a 
 
 Hi 
 
 a 
 
 .So 
 
 IM 
 
 . Si ~ 
 
 g p.- 
 
 Oi 
 
 OJ 
 
 'd . 
 
 'O CO l>=r 
 
 QQ 
 
 =3 t) 
 
 CO 
 
 
 ja ^ ■ 
 
 'O'd ■? 
 
 ^ Q) V 
 « -H •" 
 
 c a a 
 o, ft a 
 
 Wd 
 
 .3 .5 
 ft ft 
 
 'd « 
 
 ft a 
 
 .3 fl 
 
 CO 
 
 ■^ -tij -3j <l j -3 J <} --ij 
 
 <1 
 
 00 
 
 o . 
 
 .■a 
 §.3 
 
 >>» 
 
 rd ■ 
 
 oj a; 
 
 ■ga^ 
 
 ^ O ^ 
 
 ml 
 
 (M 
 
 . CO 
 
 .2 K>S 
 
 J >. „ 
 
 o 
 
 CD d 05 
 
 . <" ^ 
 _ £ 3 
 
 =^ ft 
 
 OJ 
 
 CO . IC3 
 
 .Q m _ 
 
 M-d rt 
 
 g oi 
 
 ja rt" 
 
 dd 
 
 n d 
 
 T;t< b- 50 
 Ol -H -H 
 
 00 (M m 
 
 CO to 
 
 GO i-H 
 
 to 
 
 to ^ ( 
 
 ^ 50 J 
 
 CO 
 
 ft m 
 S - "! 
 
 *> . & 
 
 ■So "^^ 
 
 .s o 10 S 
 
 ^;i^ 
 
 'd 'd ^3 ^J ^3 ^3 ^i 'd "d ' 
 
 •4->-t— ■l-'-)-'4->-4-J-4-J-l->-M~ 
 
 casaasaaa 
 'u 'u 'u *C "E *C 'S 'S *S ' 
 ftftftft ^ftftftfti 
 
 O 0) 
 
 2"!:; a 
 
 ^^^ a, 
 
 "dS 
 
 • a , 
 
 00 cs<g 
 
 .9 '-I CO 
 
 d . • 
 
 V a, ai 
 
 d tz) . 
 
 a fc" 
 
 •d p c - 
 
 d-d 
 
 .« 
 
 )00iO-^(MTl^03t^OO 
 )T^r-HO5CO00CO^COlOr 
 I 03 CO -— I C5 05 CO CS 
 
 CO O t 
 
 m o < 
 
 = p d 
 ■r- 'r a' 
 
 a n« 
 
 = = a 
 
 5 IC CO 
 * CD t-- 
 . r-l CO 
 
 *1 
 
 9> 
 
 •a 
 a 
 
 as 
 
 
 s 
 
 .S3 
 
 w 
 
 a 
 ft 
 
 O 
 
 -d 
 a 
 
 SS 
 
 S 
 o 
 
 list 
 
 O O tJ ^ 
 
 o -u 
 
 >> •, B m 
 
 •2 a a -a ■■» 
 
 1-5 -a! Qg j 1-3 
 
 m 
 
 3 05 
 
 d 
 
 a 
 
 p a M 
 
 fa a '"' 
 
 a.S 
 o o o) 
 
 p .2 a CO o 
 
 •■S S § So ,, 
 in aa^ c« 
 
 a <a 
 
 |a.^^ 
 tm o CO "-■ 
 
 -^? 
 
 ^-s 
 
 "d ■**} ^H 03 
 
 a "-C 
 " a 
 
 ^^ " S S. 
 
 O oj a3 W) 
 
 4-> CO S ■" 
 
 cj o cu i 
 
 CO 
 
 -d 
 
 o a 
 
 o o 
 
 CS'-O 
 
 cj 
 
 
 a ^1 s 
 
 o CS^ 
 
 OJ 
 
 ft ; 
 p .p 
 
 .2 o 
 
 ! d 
 
 > P CO 
 
 Phhh ° p 
 
 ,'1' C3 
 
 to ti 5:; t» 
 
 p a h_^ 
 
 o o o Id 
 
 t>+3"" a 
 
 f* C3 01 =* 
 CO <v 
 
 d a a s 
 
 ■^J *> ca K 
 
 b a =? 
 
 >So 
 
 CO cj 
 
 ^oasi 
 
 ^ to CO c— 
 (M (M (N !M 
 
 00 OS O '-< CM 
 
 CM cq CO CO CO 
 
 cj a o o o 
 
 otyoooooooiy y 
 
( ' 1 1 Ii( liVOLOGICAL TABLK 
 
 o 
 
 xn 
 
 O 
 Cm 
 
 
 I— t +j 
 
 , 1=1 
 
 00 ^1 
 -H o 
 
 ^» 
 
 -»^ j3 
 
 ad 
 
 o 
 
 u 
 
 ^ 
 
 ^ 
 
 
 
 
 S 
 
 k 
 
 
 
 
 
 Tjl 
 
 
 
 
 
 
 
 P. 
 
 P— 1 
 
 fd CD 
 
 <1> CO 
 
 * 
 
 n 
 
 ;3 
 
 
 lO 
 
 a; 
 
 02 
 
 
 ej*-a 
 
 
 GO 
 
 
 iM 
 
 • n 
 
 
 m 
 
 
 "-I 
 
 o o 
 
 
 
 w 
 
 -— ' 
 
 ■rt< 
 
 
 t> 
 
 • 
 
 1— i 
 
 „ 
 
 o 
 
 
 
 05 S 
 
 CO 2 •»- CJ 
 P< CO 
 
 "-So 
 
 ^ oa _H ■"** 
 CO .- b^ . 
 
 'd 02^^ -2 
 
 ' CO •■ * 
 
 ^ i3 ® ^ 
 
 S • fl 
 ^ "" .2 "S 
 « -.2 2 
 
 CO CO t> " 
 
 o -* 
 
 "" » ft"' 
 
 CO 
 
 •a h ?, 
 
 so 
 
 PI 
 
 a 
 ^6 
 
 
 02 - «W i-H 
 
 g o dj 
 in Id • "* 
 
 _ fd CO 05 
 
 Td o . 
 
 on2 
 
 ■73 
 
 d 
 ctf 
 
 a ' 
 a 
 
 -d 
 P 
 ci 
 
 
 
 6« 
 
 a 
 •43 
 
 B 
 
 u 3-43 
 
 n o 
 
 o 2 ' 
 
 
 'd 
 • c 
 ' a 
 
 - in 
 
 : c 
 
 :» 
 
 GO ^^ a 
 
 01 CD oj 02 O 
 
 X -:}H OJ CO TJ< ^ 
 
 
 iCslcOrd "' 
 
 ] » 2 ''S .2 
 ; _. f^ B 
 
 ^■d I'd 
 m ti ft O 
 
 o-< - 
 
 <V . 
 
 a 
 
 J2 
 
 d 
 
 a 
 
 
 r^ M ?3 O 
 
 o •-" 
 
 'd b <» 
 
 a „ ^ "H 
 
 ^-js - K 
 
 05 Id i^J 
 
 §5 IS . a 
 
 in ro -f 
 
 a CO 
 
 rO f-t .- 
 
 od-d •' 
 .';2 d a) ■ 
 
 OJ 
 
 a) 
 
 M d d oj oj • 
 CJ OJ o -^ -^ 00 
 ai +j +j o o — f 
 
 ft ft ^ 
 _ _ a a ■■ 
 S =1 i3 a 5J 
 
 I CO 
 
 o o 
 o « 
 
 •g 03 ■ £ 
 
 J- O ^ CC- , 
 
 •a 
 
 
 
 
 ,—1 
 
 «j 
 
 CO 
 
 CO 
 
 ^ 
 
 <n 
 
 IC 
 
 
 
 
 Oi c: 
 
 
 -^ 
 
 CO 
 
 i>- 
 
 
 1— ( 
 
 10 
 
 
 
 
 i>- 
 
 
 .« • CO * 
 
 m 2 o S '-' 
 
 *S3 - ■ 
 
 ^ >= > § ■«■ 
 
 „ O OS - 
 
 „ ^"43 <u ~ 
 r-^ r-i DO ftr:- 
 o o -a <u o 
 
 3: .S <!-, 50 ~ o) 0) 
 
 ^ a <u oi +j ■^' 
 
 a> a> o 5; a) a e 
 
 ci, ftN ft ft-a'C 
 
 OJ OJ M OJ o r^ 
 
 . . ^ . • o o 
 
 rd fQ O "d 13 Jd Xi 
 0) O) 05 O) QJ t> t- 
 
 raa oaa^^ 
 
 00 OOHE- 
 
 2a 
 
 (4 
 H 
 ■< 
 
 O 
 
 ' 1-5 
 P3 
 
 02 
 
 o 
 u 
 Ph 
 
 sd c; 
 
 a 
 
 o3 
 bo 
 
 3 
 
 a 
 
 3 
 
 ^»a 
 
 aS 
 o a 
 
 (55 03 
 
 d ''3 
 
 « 9 
 
 a c3 
 c.fc 
 
 i-O »o »o iQ ira ir3 o 
 
 c; c_. c a O o 
 
 OJ ci S " 
 
 .1^ ;^ 
 
 02 ^ 
 
 QJ g > 
 
 •2 a ■§ 
 
 E 0) 
 
 F-i 
 
 01 
 
 Ml 
 
 c 
 
 Id 
 
 a 
 ft 
 
 a 
 
 ■a 
 
 0^ 
 
 n 
 
 ' > 
 
 ft S a S 
 
 O B O jj 
 o a 5 1' 
 
CHEOXOI.OGICAL TABLE 
 
 VI 1 
 
 o 
 
 00 
 
 -2-S «" 
 Sag- 
 
 OcQ owwcoid « 
 
 «! 2 -hTS 
 Qj rH ^ I— ( 
 
 O 
 
 ft ^ QJ { 
 •J rt 'd " 
 
 p IN 
 
 I ea (M 5J 
 
 O CM Si 
 
 d rt 
 
 u o 
 
 (N OJ X! ■ 
 
 . 3 
 
 1 ^i o 
 ~ ft'-' 
 
 - . 01 
 1 to ft 
 
 > o 
 
 ZJ n^ CO ^ a 
 
 -H g . «:_; 
 g ft" '=" 
 
 tJ r-l . lO 
 
 O "M CO i 
 
 -a 
 
 EC r^ Qj W 
 
 OJ OS 
 
 =•'. "= .9 jj 
 
 M" 
 
 -d 
 
 CC EQ CO t-H .^T 
 
 O „ . 
 
 -d 
 
 ^, -S 
 
 
 GQ 
 
 •d 0) 
 
 "" 115 O !B 
 
 O o 
 
 Q, r« CO S •* 
 g «= (N 2 <M 
 
 oT ."§"' 
 '*»'^-'gco" 
 
 "^^ CO 03 5 I 
 ., CI ,— t p - c 
 
 <-• ^ (^ "^ 
 
 . O OJ o - 
 CO c n a-, Xh ^ 
 
 S aJ ■ - 
 S ft r» ^ t; 
 
 -H 37 '^ CM ^ 
 
 -d ■ 
 
 N 
 
 -co 
 to o 
 
 O ij OS 
 
 I'd 
 
 < O) 
 
 . -d 
 ' 'd ; 
 
 (N . 
 
 i CO -"d 
 
 •d t^ lo 'd 
 
 ^a _ OS cS 
 ^fl " • , " 
 
 • o 0) ■ 
 mm - 
 
 g-d-H 
 
 2 o 
 ^^ (S m 
 
 3 . 
 
 ft - c3 
 
 IJ -H ft 
 
 S-i EQ "Ji 
 ci O) „ 
 
 ? I—* 
 CO ft 
 
 CO IM m cj 
 Cl o 
 
 o CO „*d 
 
 2 "ii 
 ■^ ■ N "d 
 
 ^ " a 
 
 S ■ 0) 
 
 oco '^ a 
 
 1 O 
 
 ) CO -M 
 
 O 
 
 m ^ 
 
 OS ^ m 
 
 ^2 
 
 C3 '-^ 
 ft . 
 
 
 
 : irj ^ <>' ■ 
 
 S m o ;;■ ^ nH 
 
 "^ .^ CO 
 
 «s 
 
 - '-I o c =■ 
 
 • 'd 
 o , 
 
 :os .s 
 
 .. ft 
 
 m OS ' 
 
 w r 
 
 OJO 
 
 
 OS CO I 
 
 S gS c^, 
 
 K'd 
 
 ? 0) 
 
 4) 
 ft 
 
 OJ m CO 
 
 OS CO 
 
 . CO ' 
 
 ■'^ § S -r-i " CO O X 
 
 tj . "*' f^ CO o o 
 
 
 Ȥ^ m 
 
 *d I— I 3 
 
 ii +^ r-l 
 
 p-d c 
 
 ^ OJ M • 
 
 £8 m m 50 
 
 '-'.Hrs . 
 c,pg§ 
 
 
 
 LO 
 
 (—1 
 
 
 Ci 
 
 
 i-H 
 
 
 -d 
 
 W 
 
 1) 
 
 
 cS 
 
 o 
 
 <v 
 
 
 ft 
 
 (3J 
 
 cc 
 
 t-i 
 
 r. 
 
 <33 ^ „ M 
 
 ^ 
 
 I-H OQ WJ +j 00 
 
 O ^ 
 
 43 CD *rt - » CO 0) • 
 
 ) ■ -. D 
 ) m E-- M 
 
 •'■CO C3 O 
 ^ (M 1-4 ;_i 
 
 iX v: r-^ ^ X 
 
 O X 
 
 o 
 
 OJ m CI 
 
 a- CO o 
 m o 
 C <^ ^ 
 
 ■S I-H ci 
 
 ci g 
 
 3 ^p 
 
 CM C - 
 
 122 
 
 S "d rt 
 
 m OJ 3 
 
 6 »•- 
 s 0) -i-j 
 
 ,Al -d 
 it30 g-d 
 
 +r (11 
 
 00 
 
 I-H • 
 
 (N O 
 
 m 
 
 ai, 
 
 o m ■ 9 
 ■52 =i 
 
 OS IC5 ^-1 - 
 OS O CO 
 
 cc ■ fe- ri 
 
 m 5 CO 
 
 '^ CM 
 
 >. c; 
 
 CO S:' ■■ 
 
 m 
 
 
 ■d 
 
 cS 
 •;« m 
 
 o 
 1 !» 
 
 ^ .'^ 
 
 m 
 
 si ■!-> 3 
 
 2 S te 
 
 § 
 
Till 
 
 OHEONOLOGICAL . TABLE 
 
 O 
 
 m 
 O 
 
 CM 
 
 xn 
 
 
 .° d CO 'S 00 .^ 
 
 •d Si 
 
 u 
 cS 
 
 >VS 
 
 CO 
 
 ■ O CD 
 
 ^ O CO S 
 
 ■d a "3 <" 
 
 ^ (3 r* 
 ■d °0 •- 
 
 o go 6j) . 
 
 ..tf 
 
 ""■5 
 
 3 
 
 . - m 
 
 TO ^ frj 
 
 CO O) * 
 00 ^^"^ 
 
 
 3 C3 
 
 fQ 4-> "^ 
 
 s .f^ 
 
 ! 02 
 
 ^ f^ 00 
 
 »l 
 
 ' « 2 
 
 ■d . 
 'd o 
 
 " cJ'z' ?> 
 
 ^™,'2 
 
 <N frt . 
 
 •d . 
 
 i '9 IK'S 
 
 !M 
 
 * ' Ci 
 
 xn-t 
 2 C3 
 
 0) 
 
 OJ 
 
 3 . 
 J -d 
 
 HO 
 
 in S , 
 
 ■^ ft<N 
 
 O .rt 
 03 5 , 
 —• +j CO 
 
 _ ■^ o 
 
 ■d •= 05 
 
 aj a — 
 o 
 
 d^d . 
 
 C3 CO 
 
 °^s a . 
 
 •d 2 ^ '^ 
 r 00 •" o 
 
 5~''d2 
 
 ■d ",|?« S'S.c^'SgS 
 
 .S CO ill 
 ^< ^ . o 
 
 C ^3 O 
 ^3 "^i 
 
 'OS 
 OS OS 
 (N 00 
 
 - C3 
 
 2 .a 
 
 (M 
 
 5 t.-H"g 
 
 ^ o +-» 
 
 K> 
 
 (N 
 
 CO »t3 r^ OS 
 
 3 3 
 
 3 
 
 03 0) m w 
 
 ^ a •- ,. 
 
 CC .M OS OS 
 IN •- OS 
 
 s„"d 
 
 >. 
 
 ^ 
 
 ess; 
 
 -d-d 
 
 - tn CO ji^ a. a) 
 
 ._ - o 1 
 o) +-■ m ^ ( 
 
 ^ 03 (N l> r 
 
 
 aas 
 oo- 
 
 m 
 
 ■a 
 
 J) O o 
 
 g^2-a 
 OS o ii 
 
 ;^^^ 
 
 - o) +j ^ fd 
 ••3 g^S 
 
 - a> -r ^ ^ OS 
 
 > 4J tJ tl p (M 
 
 a=^S 
 
 0<1 H 
 
 C3 
 
 B.3.S 
 £, co- 
 al _a; _a; 
 o = o 
 
 ^ ^ ^ 
 
 ■ 0) oj a> 
 
 ' a ,3 ja 
 
 JH_HJ-I_ 
 O CO -- < 
 
 T^ o m « 
 
 .-I CO OS . 
 
 a) 
 ■d 
 
 ==1 o 
 
 OCT™ 
 
 CO ^rt 
 
 • '^ oq ■« • 
 ?'d . S^ 
 
 = 3 , St a 
 
 P +J CO +-' P 
 -4-» O ■*-* 
 
 Oj *3 » "3 0) 
 
 HO OH 
 
 - CD 1 
 
 
 ■> CO 1 
 
 1 CO 
 
 : 1— 1 1 
 
 1 OS 
 
 '" i 
 
 
 OS 
 
 O) 
 
 a m 
 "> Si, 
 
 a 
 
 o 
 
 * a 
 
 CO S 
 
 ^•3 
 
 1-c z. 
 
 % (3 
 
 a ti 
 
 <t> 3 
 
 -d 
 a 
 
 3 
 o 
 
 a, 
 
 Is a 
 
 Be 
 «, 3 "'^ 
 
 02 n 
 
 '73 "^ '*-' 
 
 S ^ 
 S go 
 
 •^ M .f 
 
 r/> E Cl. 
 
 J:i m 
 o *d 
 c a> 
 
 ^ o 
 
 m 
 
 it 
 eg 
 
 3° 
 
 .2 « 
 
 o o o o o 
 
 o 
 d 
 
ClIRO.\(iI.OGtCAL TABLE 
 
 IX 
 
 ■ i-i V 
 ^ a! 
 
 s — ^ a 
 
 •H ~~' CO 
 
 o . « 
 
 "^ » fe 
 
 . XI ^ 
 
 CO 3 tH 
 V2 O 
 
 o 
 
 -^ "W ,^r 
 
 !-«; 
 
 3 ■ 3 
 
 2 0!+^ 
 
 03 
 
 .*■ a; 
 
 73 
 
 
 
 CS « ja 
 
 0) 
 
 »> 
 
 o 
 
 
 
 S 
 
 ^ 
 
 
 'I 
 
 
 
 
 
 <U 
 
 „^ 
 
 a 
 
 n 
 
 s 
 
 --H CO 
 
 
 IS 13 
 13 CI 
 
 -r 00 
 
 ~ r-H cj O ^ 
 
 » OS d J= -w 4; ■ 
 
 oB'-<OQ)iMe.ia55t~oiooai»?^ tJtoy 
 
 „■ 73 -< «? 
 
 ^1 .rH « 
 
 - • n rS 3 m ^ ^ 
 
 03 '-I O ■ fO 
 
 ■ "^ CO • " 05 
 
 » 13 0) o "S 
 
 aj t< 05 5; 
 
 ^prj rH o 
 
 «3 Is . ^ 
 
 5 '-' ^ 
 a o o 
 
 OJ 
 EC ' 
 
 "S -h' « --"d 
 
 ■■» oi; -- 
 
 2o< 
 
 — ' ro 
 
 - '^ 05 -^ 
 
 ^ m o 
 
 , J; 01 CO 
 
 4 .0 as ^ 
 
 S'a'^ 
 
 o a 
 ■ — « to 
 
 - j' CO 
 C «; 
 
 CD in CO 
 
 -^1 
 
 o 
 
 , I i-H 
 
 5§« 
 
 (M — 
 
 d) 
 
 05 
 
 TO 
 
 •- w:) 73 
 •"Ma 
 
 ca C-1 CO 
 
 .=^ s ■-• 
 
 cS 73 "T3 « 
 .St.* 
 
 ON^-SS B-"S?3. S.§o.O= M^-O" 
 
 ■y —I m - ;- CO "d C K fi O "So! 
 
 ~ " . a CO , 
 
 i O C5 
 
 ■* « 
 
 .73 • N 2 ' O "5 
 
 , oj K « a . 05 
 
 Sj 
 
 CO r-l 
 
 o 
 
 "d -< o 
 
 ?73 -I ;. 
 
 - /. 
 
 ^-oS|g'"^-^^g-|73"liS-s-'^-a??| 
 
 ,7: CTi 
 
 a o " 
 
 
 ^f =olo||So 
 
 _ — w - - ff^ F-^ 
 
 Ci 10 
 
 -CM 
 
 •2 e 
 
 a ;• CO ■* ■ 
 
 Sh tj •• m oi I 
 a !ti (M TO <-. f 
 
 ji_0'-0.1.0CiTO 
 
 ■ 3 10 05 fO S 
 
 CO -^rH <M ci 
 
 "^ £! ai' « ^ ■? 
 
 TO S CO ^ ^ 
 
 'd V' ci ^" 
 
 OJ '^ r-. O 
 
 -d . 
 
 O (M 
 
 2 SS "K /, ? ■' 2 t^ =■' t- ■-§ S ni s 
 
 rH(N^wcO O ajf-< f-4!>TO.^--H^ CiTO CO 
 
 
 o 
 
 
 CO 
 
 
 
 *-^ 
 
 
 
 
 IT 
 
 
 
 3 
 
 1-1 
 
 
 
 
 
 Si 
 
 Wl 
 
 u 
 
 3 
 
 
 -M 
 
 
 
 
 
 
 
 
 
 d 
 
 o 
 
 O-M 
 
 
 
 
 
 hH 
 
 3 
 
 !M 
 
 +j 
 
 
 
 
 
 3 
 
 1; 
 
 
 
 CJM 
 
 rrt 
 
 CO 
 
 Ol 
 
 00 
 
CHEONOLOGICAL TABLE 
 
 p-H 05 oi CO fd ^ 
 
 DQ MM t) ■^ 'd ( 
 
 • .002 . 
 
 " (J o -■ ^- 
 •■ tig 
 
 > f-H V 
 1 T3 
 
 ; Q) 'd 
 I 05 'a 
 
 SHH 
 
 •d ot'CO 
 
 ■^ 22 CO Ti< 
 
 as 
 
 
 <» rt 
 
 
 S • • . • o 
 
 CO 
 
 . -"S ..^- 
 
 "^ ^ CO ^ 
 
 •a cj "o • oj 
 
 ^1 lO 00 ^ 
 
 t^ W5 *<# Q (M 
 
 05 I— ) I— I C3 CO 
 
 o 
 
 -< a; 
 ■w 'd 
 
 ag 
 
 ■d -d s 
 
 a as 
 
 ", M w O CO g 
 
 ■g « .. .. 
 
 OS* S • • 
 OS M t) 
 
 
 CO . • 
 <M 05 
 
 -: . '^ 
 
 
 
 2 -Tl 05 ' 
 *J= - < 
 
 Id «2 ^ 
 5:: • ' 
 
 ^1 - 
 
 « O 
 
 ^^ o 
 
 W5 4j OS 
 
 "^ oj 
 
 ^.y -d 
 
 .. o a 
 
 UO OJ 
 
 ■d 
 
 ."« 
 
 nH ^ Id 
 
 =^ -a 
 
 tH °* 
 
 OS TJ4 I— t 
 .-H O 
 
 
 rt o 
 
 ■^ C3 
 ■ 00 _ 
 
 •* M O fl 
 O CO OS 0) 
 
 cs .-L a 
 
 O _j ci 00 
 irt ^ i-l 
 
 « '^ a » CO* 
 
 :a, 
 
 • ■* 
 
 05 o 
 OS 
 
 CO ri 
 
 ■ a 
 
 U CS 
 
 o 
 
 GO 
 g 
 
 Pi 
 
 a 
 
 05 
 
 CO 
 
 CO 
 
 . 05 
 05 05. 
 
 
 .. 
 
 
 „ . 
 
 c 
 
 -* 
 
 
 CO (N 
 
 fe 
 
 1— 1 
 
 
 CO CO 
 
 
 , 
 
 t! 
 
 rH 
 
 o o 
 
 
 
 
 
 
 
 
 
 
 
 
 0) tK 
 
 
 r-H O 
 
 
 s 
 
 n 
 
 
 O O 
 
 m 
 
 OS 
 
 ■d 
 
 OS OS 
 
 
 d 
 
 (—4 
 
 <D rt rt 
 
 CO 
 
 «= 5 s § 
 
 i-H . OQ 
 
 
 O) 
 
 ■ o t; CO ^ fl 
 
 O CO •"• CJ 
 
 ^"^ .Til a 
 
 o ^ zj CD ei 
 
 c s g a iT 
 
 cS 'O f-H ra >— I 
 
 0-- 
 
 a 
 o 
 m 
 
 d 
 e3 
 
OrtKONOLOGldAL TABLE 
 
 XI 
 
 o 
 
 »-( 
 O 
 
 ■d 
 
 -d-d • 
 ■S -tS .3 
 fl fl 3 
 
 ftft^ 
 
 o o ■ 
 PHQ_ 
 
 g 
 
 00 
 
 a 
 o 
 
 a 
 -9, 
 
 • irt d o 
 
 ''^^ s 
 
 o -d 
 
 o ^ "^ «o 
 
 ■dec ft 
 "S i2 3 'd 
 
 ■a .^"^ 
 
 ft^<:J O^ 
 
 •" O O ^ ® ^ ' 
 CO -M +J i-l i-H f-l C 
 
 »*L a 
 
 I -Sissassg 
 
 O O rt " =-■ 
 
 .So a 
 [> a; o 
 
 <w O 
 
 •r-i 0) 
 
 .^' 
 
 -d 
 
 03 '^ 
 
 
 Si's 
 o 
 
 OP -fj 
 
 GO 3 
 
 O rrt 
 
 rO » d 
 
 ■^^ S 
 
 no"' 
 
 d ^ >-( 
 
 !!!1 d - 
 
 ;* O o 
 
 OJ i-H 
 
 3. ho 
 
 0) w " 
 
 ;^ ft 
 
 "N .s, 
 
 I'M 
 
 o 
 
 oS 
 
 rd -t-> 
 
 ' d a* 
 .d » 
 
 ! OS .d 
 
 d ^ ^ .., I— * 
 
 a) ^ - 
 
 d S 
 
 " p fe a) 
 a; fe p- <u 
 
 <H a; 
 
 ;h 
 
 ^ CO 'd < 
 
 
 
 *H W rt 
 
 « S'dM'd 
 
 « rt ■" -.3 « 
 
 a .9 « o, S 
 S"d>d d '3 
 
 oOd § a 
 
 o tn d o o 
 
 a; "d oij " 
 o 3 M 
 
 g<a . 
 
 5 oj m 
 Pj 
 
 :j^^ 
 
 ■d 
 
 d 
 aj -fj ^ m 
 
 -d 
 sh a 
 
 o a> 
 
 ""a 
 d'^ 
 
 01 
 
 
 6 •-' 
 
 Ol CO « 
 Q i3 'd O 
 
 00 "d . 
 
 '^ a 
 
 ? d 
 4i m 
 
 "'7-1 
 
 Si 
 
 to 
 
 O 
 
 a) 
 
 Sd 
 
 p Cj ■ 
 &4 
 
 ' +3 —I d 'd * J; te 
 
 -■So 
 
 I P N 
 
 m a 
 
 O .- ft 
 
 '^ d ^fn" 
 — ' O 
 
 9'i^ - 
 
 " « E 
 • - oi fcc _, 
 
 rl ft-l-l d 
 r-l 5) cS 
 
 h "d 
 
 ai"d . 
 -d .-Sq 
 
 OS 
 
 CO 
 
 OQ 
 
 1 
 
 dd 
 
 a -a d 
 
 So"" 
 d t. "H 
 ts P o 
 
 5 "<^ a 
 
 Id--^ 
 
 ■t^ Sd^ 
 
 00 o o ''^ 
 O) CO OO -g 
 
 CO rH O 
 rt (M CO 
 
 ^ «-l •<# CO 
 
 d 
 
 3 
 
 a 
 
 ft 
 
 a 
 
 o 
 
 . a) 
 
 O a 
 a) "3 
 
 ■3 
 ft 
 
 a; 
 
 ."3 
 
 .d 
 
 d d 
 ■g ft 
 
 
 a a) 
 
 ^ 
 
 ftja 
 
 
 a-^ 
 
 
 0<H 
 
 
 
 
 -S 
 
 
 f^ --I 
 
 . CO 
 
 3 -d 
 ft d 
 
 .9^ 
 
 " +J 
 
 ■gft 
 Oi 
 
 .a 
 ft 
 
 a; 
 
 5 
 
 d 
 
 "d 
 
 iS 
 
 d 
 
 aj 
 •d 
 
 cc 
 
 .S a; 
 ftd . 
 
 a §s 
 
 odd 
 
 °^o.9 
 
 a^ ,r< 
 
 CC _H ^ 
 
 2 =^-2 
 ft ft a 
 go'E 
 
 Oi p± 
 
 •35 «* 
 
 a) o 
 W1.SS 
 
 a) fl ■* 
 
 So . 
 
 'P « 
 
 ^ ."d 
 10 — , a) 
 a) aj fd 
 
 m d 0) 
 
 SdS 
 d S =* 
 
 So °^ 
 ?^ -d 
 
 s-g 
 
 d o"S 
 d d ft 
 
 oq ft-" 
 
 !» a„ d 
 
 " oS 
 "•-I ^ i; 
 
 a' nH o; 
 IB 'd ,2; . 
 
 o d o m 
 
 ft od A 
 
 P Tl? 
 
 IM to 1 
 
 1 00 
 
 05 
 
 
 
 1>- 
 
 (M 
 
 ■^ i-H 
 
 
 1 r-4 
 
 
 t^ 
 
 
 
 i-t 
 
 S-CM C 
 
 1 CO 
 
 
 
 10 
 
 
 03 CO 
 
 r-f 1 
 
 
 
 . 
 
 
 
 
 tjos 
 
 d S 
 a) 00 
 
 5' 
 
 &£ d 
 
 . o 
 
 ^ ^ -u 
 °§| 
 
 d *w ^ 
 
 S o t1 
 «u a> 
 o a) fl 
 Cm a) 
 ftitlcS 
 
 O 
 
 d 
 
 o o ^-^ 
 «_ >? 
 .2 "23 
 
 ftia 
 
 ft i3 
 
 i-f (M 
 
 S 
 
 o 
 d 
 
 O 
 
 00 
 
 -d 
 g 
 
 a 
 
 o 
 H 
 
 ai 
 
 ,— s 
 
 T-1 
 
 
 1 '--. 
 
 
 
 d 
 
 03 
 
 
 
 d 
 
 3 
 
 
 1 tM 
 I 
 
 
 
 1 
 
 3 
 
 
 
 
 ■d a) 
 
 ^-' 
 
 
 - 
 
 
 ^'J 
 
 00 
 
 
 CO 
 
 
 <j)~- 
 
 03 
 
 00 
 t-H 
 
 OS 
 00 
 
 00 
 
 
 oj rt 
 
 
 
 6 
 
 
 
 
 <hO 
 
 
 
 
 
 u 
 
 (M 
 
 
 . 
 
 to 
 
 r— 1 ^_ 
 
 ^ 
 
 i-H 
 
 
 
 03 
 
 3 = 
 
 aj w 
 
 -g 
 
 
 
 
 
 a) 
 5 
 
 a; " 
 Sd 
 
 ■dS 
 
 d 
 
 -d 
 
 d 
 ft 
 
 g| 
 
 g 
 
 a 
 
 g 
 
 ^ d 
 S 
 
 oi aj 
 
 oj 
 
 oj 
 
 a; 
 
 03 
 
 oM 
 
 
 
 
 
 U 
 
 
 
 f-H 
 
 M 
 
 PH 
 
 
 pi:-! 
 
Xll 
 
 CHEON.OLOGICAL TABLE 
 
 d 
 O 
 
 g Sri 
 
 ■ rs 
 
 C CO£3 
 
 O 
 
 O 
 OS 
 
 c3 14_( m 
 
 O -1-1 
 
 a 
 
 Si 
 
 '■3 
 
 3 '^ 
 o 
 
 
 o 
 
 0} O 
 
 o o 
 
 
 — o 
 
 ftr-f 
 
 
 13 +J 
 
 a; 
 
 § a; 
 
 -d 
 
 xn Qj 
 o.'2 
 
 a) id 
 o -S 
 
 S o 
 
 ^-d 
 
 
 rd -d 
 
 <y • O 
 -M O +J 
 -jJ O -t^ 
 
 o c 
 
 
 ^' "= 2; O = 
 
 r; ■ 1-1 
 
 ■d 
 d 
 
 o «J d 
 
 
 ■ft. 
 
 
 
 — 
 
 
 id 
 
 CI; 
 
 S 
 
 fl 
 
 
 m 
 
 
 •E 
 
 42 
 S 
 
 
 ft 
 
 
 
 
 
 o 
 
 Oi 
 
 TS 
 
 
 o-d 
 
 (1> 
 
 a 
 
 (ji 
 
 ^ 
 
 is 
 
 N 
 
 
 ft o f* 
 
 CO 
 
 ■d 
 
 
 S^2 
 .2 '3 . 
 
 CS 0) p 
 4> ft O 
 
 ft a; S 
 
 .S . S 
 '3d'dP> 
 fl a; OJ 
 
 gSii . 
 
 3 S S S 
 
 oo 
 
 PI oj >? C 
 
 •d a O" 
 §°-^^d 
 
 c! ^ M d 
 Ki O 
 
 
 02 .« "" 
 
 a 
 
 ■^ . O " 
 
 .52 K r„ 
 
 ^ 'd 
 
 ^. 5 
 
 ai 
 
 ,-. a 
 
 *o 
 
 CO fl 
 
 , +J CO 4J 
 
 CO "p 
 iM J; 
 
 .o 
 
 6 „ 
 
 , C5 
 
 rH ft 
 . 'O 
 
 m g 
 
 •d ^"3 05 S 
 
 ^ ^ 
 
 o 
 
 O 'd 
 
 ■d 
 1 
 
 o z: 
 
 o O .i2 o 
 Cm 
 
 • o . . 
 
 ri -d -^ • -d 
 
 t* OJ O KJ G> 
 
 (> +J +J -t-J 
 
 -IJ 4-> ^ +-» 
 
 0/ 'S 'S '^ 'rH 
 
 ^ a a ffj s 
 
 HOO o 
 
 O 
 
 <1 
 
 o 
 a 
 
 i-s 
 M 
 P 
 m 
 
 o - 
 
 es ^ 
 
 O 
 
 d 
 
 o 
 6 
 
 ti "5 
 
 c o 
 
 0/ 
 
 
 q 
 d 
 
 ■d c •d 
 
 SO 
 bed 
 
 d o 
 .So 
 
 ^ id S 
 
 1 :M CC' 
 
 CO D 
 
 ai ^ 
 
 aj o 
 
 '§« 
 O t~ 
 
 w 
 
 s c ~ 
 
 V - rr. 
 
 5 o '^ 
 
 1 — fl 
 
 
 00 ~ 
 
 do 
 
 do 
 
 ■d 'd 
 a e 
 
 S 3 
 o o 
 
 W 
 
 00 
 00 
 
 O 
 
 d 
 
 'd^_ 
 
 
 ? g-d 
 
 .X CQ d 
 
 o 
 
 i; c o 
 
 ^ ? S 5 
 
 S a; rt 
 
 o So 
 
 'S * IM 
 
 o o o 
 
CHEONOLOGIGAL TABLE 
 
 a 
 -a 
 
 o 
 
 CO 
 
 ■^ 
 s 
 
 a ^ 
 
 3 
 
 ■«1 
 
 a 
 
 03 «^ » 
 
 _: > 
 
 .. .. „ »■=! 
 
 o Q.aaaao'S 
 
 ^ I— < p-^ ^ ^ rt +j 
 
 = '3 g g s 3 g g g g go 
 
 c:. O OOOOOOOCj 
 
 o 
 
 O ,-1 
 
 to !» 
 
 73 
 
 s-^ 2 . 
 ■3^'g^- 
 
 3 a-H 
 • "" 'S § • 
 Si ca -g 
 
 c _ rt aoi 
 S S o cd 
 
 S H fc. s "o 
 
 ?! o M g IS 
 
 ar- 
 
 O "■ 
 
 ?<«: 
 
 m 
 
 .a o-s 
 
 ■^ <u S 
 Q, tn 71 
 
 0) 3 t» 
 
 .2 og 
 
 OD -(-J C3 
 
 5^ "d "" 
 
 01 o o 
 
 ^^§ 
 -d — a 
 
 .2 to 
 
 a s IS 
 
 a a m 
 
 c3 ^ 
 
 a o 
 0) '55 j: 
 
 2 ^ ■ 
 
 a.a^ 
 S ^ 3 
 
 ti 
 
 (S 
 
 a 
 
 a GO 
 
 o 
 
 
 m 
 1 
 
 ^=^ 
 
 o 
 
 3 (M 
 
 '2 
 
 a 
 
 ci 
 
 a K 
 
 0) 
 
 o 
 
 o 
 
 
 
 
 
 
 
 > 
 
 
 0) 
 
 
 ;-l 
 
 
 t-. 
 
 r-i 
 
 .o 
 
 t; 
 
 '^^ c- 
 
 w ;-" C 
 
 O "l- 0.1 
 
 o S 
 
 •d Is 
 a; a 
 
 H "^ ^1 
 o m a 
 
 CM O 
 
 o^ !^ 
 ft 
 
 u • o 
 
 01 ^ 
 
 
 « 
 
 a 
 m g 
 
 o a 
 •s o 
 
 ■d ■" 
 dj - 
 
 ■=1 9, 
 
 m V 
 
 ;a a 
 a oi 
 
 a. a 
 
 o 'd 
 
 a 
 d-s 
 
 §.3 
 
 «.a ?S 
 
 
 1-< Vl 'S 
 
 O O p, 
 
 -d^ 
 
 cut- . 
 
 
 
 4J I^ 
 
 a^b« 
 
 ■4-) 
 
 a,S 
 
 S 3.3 
 
 0=-( 
 
 Oj 
 
 C-J 1 III 
 
 1 1 1 1 r— 
 
 o 
 
 i^ 
 
 'M 
 
 r. — r 
 
 CM 
 
 ^ 
 
 
 
 I~- 1 III 
 
 1 1 1 1 If^ 
 
 t- 
 
 00 
 
 » 
 
 CM CI 
 
 C-1 
 
 rfj 
 
 
 
 
 
 
 
 
 
 t- 
 
 a-. 
 
 
 
 
 1111-" 
 
 
 
 
 "" 
 
 
 
 
 
 I 
 
 ^^ 
 
 tM 
 
 1 1 1 
 
 1 
 
 1 1 
 
 1 
 
 w 1 
 
 
 . 1 r~ 1 
 
 tS 
 
 
 o 
 
 
 
 
 1 .73 1 
 
 ^ 
 
 03 
 
 n 
 
 
 
 1 1 
 
 
 a) 
 
 
 O 1 r-< ' 
 
 a 
 
 C3 
 
 
 ja 
 
 
 
 
 
 CM 
 
 0) 
 g 
 
 .2 
 
 1 1 1 
 1 ' ' 
 
 
 1 1 
 1 1 
 
 1 ^uO 
 
 a 1 
 
 
 
 
 4-) 
 O 
 
 
 
 
 1 C3 1 
 1 M J 
 
 g 
 
 o 
 
 
 1 ^ 
 
 
 
 
 
 
 .a \:i 1 
 
 ad 
 
 
 
 
 
 
 1 W) 1 
 
 cS 
 
 
 
 \K 1 
 
 
 
 
 irf ' 
 
 
 .rj I ;h 1 
 
 •r; 
 
 
 QJ 
 
 
 
 
 1 C3 1 
 
 5 
 
 CO 
 
 l>i 
 
 o 
 
 
 
 I ^' 
 
 o 1 
 
 
 
 
 
 a 
 
 
 
 
 1 M 1 
 
 c3 
 
 6 
 
 a 
 u 
 o 
 o 
 
 a 
 
 1 3 1 
 
 1 "3 1 
 
 1 a 
 
 1 w c3 
 
 
 'i 6 
 1 "^ 
 ] ba 
 
 1 -^ 
 
 00 
 
 
 - is. i 
 
 sHco i 
 s « ro 1 
 
 CO 
 
 ca 
 
 
 2 
 
 !3. 
 
 
 
 
 1 o ' 
 
 l-H 
 
 o 
 
 CO 
 
 !"" a 
 
 o o 
 
 
 1 'fcX) 
 
 1 '-y- 
 
 1 o 
 
 1— 1 ] 
 
 
 amend c. 21 C.O. 1 
 Deputy Clerks and Shei 
 
 amend c. 22 C.O. 1 
 Deputy Clerks) 
 
 cc 
 
 
 C: 
 
 GO 
 
 
 
 o 
 
 ^ CO c; 
 
 4_) nr^ tr 
 
 o 
 
 CO 
 
 CO 
 
 1^^ 
 
 1 4^ +-> 
 
 
 1 T) 
 
 1 o 
 
 1 -:» 
 
 <2 1 
 
 
 
 
 
 
 ? 
 
 ci; S '^ i^ 
 
 (J 
 o 
 
 i 
 
 ■e 
 S ^ 
 
 a z 
 
 - c 
 
 o 
 
 S3. 
 
 d 
 
 -dK 
 at 
 
 D amend No. 33 of 
 City of Calgary) - 
 add to Municipal! 
 Incorporate Stra 
 
 dmonton Club 
 
 u'Appelle Grist Jlli 
 eace Eiver Gold D 
 
 ]0 
 
 io 
 
 -+ 
 
 a 2J 
 
 a S 
 a o 
 
 d 1 
 
 o 2 
 -d.2 
 
 g.s 
 ag 
 
 - o 
 
 1— 1 
 
 6 
 
 CO 
 Ol 
 
 (^ 
 
 'd 
 
 a 
 
 c3 
 O 
 
 3 
 
 a 
 
 
 Ol 
 
 3 
 
 c; 
 
 o 
 
 
 r 
 O 
 
 5 
 3 
 
 o 
 
 s 
 a 
 § 
 
 ssignments for Cr 
 amend c. 43 0.0 
 
 Sales of Pergonal 
 
 H 
 
 B 
 
 fn 
 
 HHsacu 
 
 -»! c^ 
 
 L-, 
 
 C-t 
 
 H H 
 
 H 
 
 
 H 
 
 
 Li 
 
 n-3l tH 
 
 .* 
 
 •O 
 
 m 
 
 t— CO CS O '— 
 
 ^ CI 
 
 >': ~ 
 
 1— 
 
 
 CO 
 
 
 Oi 
 
 o 
 
 .-H CM 
 
 (N 
 
 a-i 
 
 oi 
 
 ^ CM CO 
 
 ffC cc 
 
 
 
 
 
 
 
 
 
 
 
 
XIV 
 
 CHEONOLOGIOAL TABLE 
 
 O 
 
 m 
 O 
 
 Eh 
 O 
 
 i-s 
 
 n 
 ,3 
 
 
 «w 
 
 OT 
 
 o 
 
 o 
 
 
 ^_^ 
 
 ^^ 
 
 CO 
 
 
 V 
 
 o 
 
 
 
 
 
 1 
 
 
 o 
 
 iS 
 
 
 
 a 
 
 o 
 
 T) 
 
 
 
 0) 
 
 03 
 
 ci 
 
 
 <M 
 
 ;-ii 
 
 ^o 
 
 o 
 
 o 
 
 doo 
 
 oO 
 
 D 
 
 D 
 
 dd° 
 
 
 
 CO 
 115 
 
 3 =o "^ 
 
 •^- 
 
 V 
 
 O 
 
 o o «3 
 
 a; S 
 
 -d 
 
 CI 
 at 
 
 a 
 
 ■d 
 a 
 a 
 
 a 
 
 03 
 
 amend 
 amend 
 amend 
 
 o o 
 
 OB 
 
 g 
 
 g 
 
 o o o 
 
 
 
 in 
 
 CD 
 
 I-- CO cs 
 
 o 
 
 r-i 
 
 
 --A 
 
 -* iO CO *;- 
 
 
 (— ( 1— 1 
 
 "-• 
 
 (—1 
 
 r-< .— 1 n-1 
 
 CM 
 
 (M 
 
 CN 
 
 ry\ 
 
 (N CM <N <>3 
 
 
 o a 
 
 o 
 
 o 
 
 C) o c 
 
 O 
 
 o 
 
 o 
 
 o 
 
 O O C C' 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 o :: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
OHEONOLOGICAL TABLE 
 
 XV 
 
 a <u 0) ^- 
 
 o V V la 
 
 a a a — 
 
 a a PI'S 
 
 -3 -o -d 3 
 
 »-t ^^ ^^ D2 22 
 
 ^ ^ ^ . 
 
 o "3 "3 y 
 
 .a .9 .3 « 
 
 ^4 t^ t4 X3 
 
 ft ft ft 3 
 
 ■-a 
 
 a d a~ 
 
 o o CO 
 
 "53 *w "S 
 
 ■? ■> 'p 'd 
 
 01 <u tu d 
 
 t< tH tH oj 
 
 ■dS-a 
 
 OQ o aQ 
 ft S » 
 
 a-ga 
 
 O tc o 
 
 U O . - 
 
 O ,. O t^ o 
 o3 ■^d^ ai CM cj 
 
 Qj .03 . a) I 
 09 CO 03 01 03 ^ 
 
 Cu cu di 
 
 .a (M 
 
 •d . 
 
 •d o 
 oa a; 
 ;d tn 
 ft,= 
 
 a == 
 
 2 "S 
 
 • S 
 
 "3 
 
 ft 
 
 (^ . "ti 
 
 —■d ^ 
 
 ■ tB '1' 
 
 m o ft 
 
 acq • 
 
 d aJ " 
 
 00 t- +-■ ^ 
 
 -a -3 
 
 o 5i 
 
 HO 
 ill 
 
 d„ d 
 
 CM 'W '3 
 
 -d-r d 
 
 CJ pi CO .^ 
 y 3 ^^ !=> 
 
 .a'g^£ 
 
 Od-d -g 
 
 <D Hi ^ 
 
 "3 "3 «> '2 
 s ITS d 
 .& ft S cS 
 o <u O J, 
 d ^ t> i:J 
 ti m ., o 
 
 d a 
 o o 
 
 cj Oj (^ 
 
 g^ -2 5 
 
 1 .d d <i> 
 
 03 
 
 ■-P 
 
 ^. 
 
 ' d 
 01 fi 
 
 ft ^ '• 
 M d CO u 5; 
 
 o o 
 a ft S 
 
 d d 
 
 £' 
 
 ;» 
 
 o o g 
 
 4J +J J 
 
 I OS '^^•2 '^'3 
 
 ^ ^ CO ril 
 ^H CO TfH ^ 
 CO CJ -H ^ 
 
 ^ ^d 
 ■dec 2 
 
 O CO pd 
 
 d .S 
 ■r; o ft 
 
 C3 CQ o cq O 
 Ci (M C5 
 
 rt -4^ QJ W QJ 
 
 ^^ -M -t-J 
 
 ^ cd ^ 
 
 '3 *a 'o 
 cL> a» oj 
 ft ft D. 
 
 mmxn 
 
 '^ '^ 'cj 
 
 Gj a oj 
 
 -l-J +J 4-> 
 
 S^ 
 
 +j c/? +j ■= 'Z^ 
 
 CM c: 
 
 (M CO 
 
 CD O 
 
 a a a 
 000 
 
 < < 
 
 CS 
 
 cj c3 C3 
 
 o 00 o 
 
 o 00 
 
 ft ft ft ft 
 W IBM M 
 
 
 dad 
 .2 §0 
 +j -^ -P 
 
 2 g g 
 
 S o o 
 
 p' ft p* 
 
 t4 t7 tH 
 
 o g a 
 
 d 3_d 
 
 '3'3 o'S o 
 00^00 
 
 O O-M^^-M 
 H M O o V 
 
 Cd C^ ^ ^ ^ 
 
 'C *a *o *o *o 
 
 C O) QJ QJ OJ 
 
 a ft ft ft ft 
 T/imxnx/ixfi 
 
 -M -M •4-' 
 
 00 
 
 'O Id 'd "^ 'G 
 o o) OJ QJ cy 
 
 -1-) -4-J 4-) ~i-> ■4-> 
 
 +J +J -t-J +-* -J-J 
 
 a a a a a 
 00000 
 
 -d 
 
 o 
 
 odd 
 
 CD OJ o 
 
 ft ft . 
 
 d 
 'd'd j; g 
 
 a a 3 o 
 
 OOP^ 
 
 42 +3 " 
 
 C3 o cfl 
 
 a H a 
 
 ^ 
 
 d 
 
 ■d 
 
 d 
 
 o 
 
 d 
 
 lij 60 ^ 
 
 6 6 '^ 
 
 d d '^ 
 
 S s S 
 
 
 
 
 03 
 
 M 
 
 
 r, 
 
 
 g; 
 
 ro 
 
 00 o 
 
 tl 
 
 
 
 
 
 
 
 -d 
 
 Tl 
 
 -d 
 
 'd 
 
 ■a 
 
 a 
 
 a 
 
 d 
 
 41 
 
 <D 
 
 01 
 
 CD 
 
 a 
 
 a 
 
 a 
 
 
 ej 
 
 sj 
 
 ci 
 
 ci 
 
 
 
 
 
 
 
 
 
 H 
 
 H 
 
 H 
 
 H 
 
 '=S 
 
 o: 
 
 
 
 ,__, 
 
 
 IM 
 
 CO 
 
 CO 
 
 P) 
 
 fT" 
 
 
 
 Tl 
 
 1-1 
 
 g 
 
 SB 
 
 q 
 
 d 
 
 r^ 
 
 4-J 
 
 
 
 
 
 
 
 H 
 
 
 (M 
 
 i 'd 
 
 ^^ 2 
 
 ^O I o 
 o ^^ m 
 
 O a^ ? 
 
 -t^ tj >i o 
 
 > (>V J, 
 
 ■d p 3 ;zj 
 
 C3 ,— I 
 
 SS ft o 
 
 t< O) O h^ 
 
 ~ 4-1 a 
 
 .- d -d ■ 
 o o-g a 
 
 Qj "d o a 
 
 3 a =i 
 
 0) oj a 
 d o-d 
 
 ■d 
 
 < a 
 J. ^ 
 
 M 
 
 3 == 
 
 C3 
 
 CO 
 
 CO F 
 
 d3 
 
 O d P 
 
 CO -r lO CO tr- 
 ee CO CO CO CO 
 
 di CO 
 
 tw ^ ■" P 
 
 o >>o_2 g 
 
 1^ M CO t>5 t, 
 
 'dS^:^! 
 
 d a rd C!ln 
 
 ci a '^ d 
 o p ci o ci 
 
 coevD 
 
 IM 
 
 a 'd 
 
 O o3 
 
 a s 
 
 
 o . 
 
 +j .rt 3 
 ■ ftp^ 
 
 ft 
 
 ft o § 
 
 K'd„ 
 a 03 
 
 cd oi h 
 
 ■gas 
 
 !-i CO 
 O O 
 
 o . ■ 
 
 ■9 1 
 do d •, 
 
 0) "d . 
 
 Tf 
 
 O 
 
 o 
 
 d-i 
 o . 
 ■+3 o 
 
 .2 'd 
 
 il o 
 ft <u 
 
 ga 
 ft ^ 
 
 ft o 
 .-I ea 
 
 o o a o a 
 
XVI 
 
 CHEOKOLOGICAL TABLE 
 
 
 o 
 
 o 
 
 o 
 
 MH O 
 
 03 
 
 
 o 
 
 r rt m •' ? "^ 1 if s 
 ^ „ ^ .& O) -^ O 
 
 ,- CO .3 ii Ti '^^ -' 
 
 ■- S . o ?: ii " ' .S 
 
 ■ ■^" "" '^' = . o "^ 'I 
 "^ " ■ , M > 
 
 — -1 o 
 . CO -^ ^ 
 
 ^ 9 
 
 r- g x co' "^ g 
 
 j;;^„'ico'Q "^'^ t: ^ 
 
 : . e-1 £ '' ^ ^ t:" •- 
 
 2 - K j; ;^ "^ 3 « .p' s B a 
 
 . c: li^ c^ ,3i _^ CM a; 
 
 ^ O . c: _a, CO ^ 
 
 - o 
 
 — 1— ( O 
 ■X 
 
 oca rHfNOJoOfM C- 
 
 J^^^ij c; w M § 
 
 <A h ^ .-SrSai!- 
 
 Q 
 
 o 3 
 3 aS" 
 
 (U Oj CM I 
 
 ^■a . ., 
 
 t: ^ o a g 
 
 O O " 
 
 O =fi O M 
 !» O S O J' 
 
 
 o 
 
 C5 
 
 
 ^ r^ CI. 
 
 -, o +J o 
 5 «^ 
 
 ti 
 
 ^ ci . a a oj 
 ,: -* mP5 t- a 
 
 g K ^ CO K o • "CO 
 
 ^ /: +^ ■= CD rt >> 
 
 xo^-s^^^-aa<» 
 
 
 
 Q 
 
 C3 
 H 
 
 o 
 
 P5 
 
 o 
 6 
 
 'wi 
 
 o 
 D 
 
 f3° 
 CnfflfH 
 
 o 
 
 Q 
 
CHRONOLOGICAL TABLE 
 
 XVU 
 
 O) 
 
 01 
 
 
 
 a 
 
 
 ..-. 
 
 CO 
 
 
 s 
 
 Tl 
 
 >, 
 
 CJ 
 
 fi 
 
 
 (M 
 
 a o 
 
 OS 
 
 =* o 
 
 GJ ^ 
 
 si 
 
 c « 
 
 cs 
 
 c 
 
 'a 
 
 3 
 
 5 . 
 
 o 
 
 §* 
 a a 
 
 1^ 
 
 C3 
 P. 
 
 a ■ 
 ft 
 
 a: 
 
 H rQ CO 
 
 ft o 
 
 ft h ai 
 
 3 g 
 
 " "tt-i 
 
 .2 go -a 
 
 o 3 
 
 Urn 
 
 s a 
 
 w ► 
 
 OQ 
 
 
 <v 
 
 ■Sa.g 
 
 CI a s 
 
 •S o ft 
 ft J< 
 
 |§^ 
 
 ft 
 o ;- aj 
 
 .a c « 
 
 fl M o t>, 
 
 .£; <" g 
 
 >-^ 
 « .o.a 
 
 01 m g o 
 
 O ,£3 3 
 GJ CJ > fl 
 
 3 y 1^ S 
 d 5i „ ?> 
 
 2 o+^O 
 
 •S to „, 
 
 O ^ ri 
 
 X V 'i 
 
 o g §H 
 
 f-i C3 
 CO 
 
 oi 
 
 
 S'^' 
 
 § 
 
 ^^ 
 
 C5 
 
 a ■ 
 
 
 
 OS 
 
 ''^ 
 
 
 t>,QO 
 
 
 S-^ 
 
 u 
 
 a% 
 
 > 
 
 .2'S 
 
 \< 
 
 CD rt 
 
 tyi 
 
 1^ a 
 
 ftoS ^ 
 
 « ft 
 
 a> 05 d 
 
 ►> CO ft 
 
 ■M ja 
 _; o-i-' 
 
 ftaiN 
 
 • Prt CO ^"H 
 
 U o OS '-' O 
 
 o 
 -So *^ 
 
 ^ fl . . O) 
 .2 CS rd 'O fe 
 
 •— a a; a; {I 
 
 O ?, fl 
 
 CJ ?i Oj 
 
 ^ S »•, 
 
 O O " 
 
 -H csg 
 
 O .-I ft 
 
 ■d OS >> be 
 
 ^ O S J2 
 >>_ W S 
 
 fQ 'd ^ CO 
 goo 
 
 ^3 0- co^ 
 
 Sow . 
 SS-d 
 
 CO 
 
 
 .-06 
 
 °0 n 
 
 aft-2 
 
 !B p CM 
 
 „"d 
 
 W »-H >-»( -^ J3 
 
 cS ^ ^ 
 
 fto o _• 
 V, .ra .d w 
 fl 2 B -w 
 
 ft^^a 
 
 o c - 
 
 ,. -S 05 
 O o 
 
 CO CO r-) 
 
 O lO 
 
 ft 
 
 S ® ■" "* !B 
 
 a • "g » " 
 
 O ^d .=" 
 05 -^ CU r^ CO 
 
 op o 
 
 OJ ft 
 
 CO a 
 
 CM 
 
 CO 
 
 a.ii ft aico 
 
 °^ft«CO" 
 ■g S-' <N 
 
 ■d . 
 
 S2 
 
 !H 
 SI -d 
 
 ^§ 
 
 '5 CO 
 
 a 
 
 i 'd 05 
 I S to 
 
 o.a "" 
 
 'E '^ „"■ 
 
 ftft§ 
 
 02 
 
 a, o ,■ 
 xa ja '^ 
 
 +^ ■ cj 
 
 o -^ to ^ 
 
 m , 
 
 o 
 
 00 nH m CO . 
 
 § . l^\ 
 
 t! .CM -'^ 
 
 P <^ S • 
 
 i' 
 
 ■d -N "d 
 
 01 Tjl 0) •• 
 +-> O • +J CO 
 
 •a r-. CO -p 01 
 
 2 I SB'S' 
 
 •d . p-d", 
 0) y +J cu . 1 
 
 ft'S -S ft - 
 
 a) 3 c a) (M 
 
 h CO M ^1 IM 
 
 So to I:- 
 
 CO 
 
 CO 
 
 05 
 
 05 t- CO 
 
 (N 
 
 iO 
 
 ^ 50 
 
 1 CO 
 
 CO OS 
 
 Ci 
 
 
 
 Oi .-H CO 
 
 
 
 CO 
 
 05 lO 
 
 1 :o 
 
 
 
 
 
 00 CO ir^ 
 
 CD 
 
 1— 1 
 
 1— 1 
 
 1 00 
 
 1 
 1 
 1 
 
 f— ( 
 
 o d o 
 
 Oi Oi Oi 
 
 s 
 
 
 a> (>j a; 
 
 3 c< ca 
 
 5 ^ > 
 
 
 a! 
 
 o 
 s 
 
 cj 
 02 
 
 O 
 
 O 
 
 o 
 
 go 
 
 o 
 
 ■? ? ft 
 
 C C3 dj 
 
 Oh 
 
 
 aE. " 
 
 S2 
 
 i69 
 
 ■2 g ^' ^ 
 
 O O) 
 
 c^ c; c; 
 
 E o o 
 
 i-O ts.' r- 
 
 I — I I— ( i-H 
 
 'S 
 
 O 
 H 
 
 O 
 
 d 
 
 f-l 
 
 •+3 
 
 H CO ^ 
 a^ fl 
 
 CO 5 C) 
 
 ft a, .-, 2 
 
 S+j p ci 
 
 0^00 
 
 
 a< 
 
 M 
 cS 
 B 
 
 a 
 
 o 
 
 la ? 
 
 o.a 
 
 ?oto 
 
 COM 
 g =a^ 
 
 CO -v 
 
 cc 
 
 ta 
 
xvm 
 
 GIIEONOLOGIdAL TAJBLE 
 
 'A 
 O 
 
 m 
 O 
 
 m 
 
 <A 
 
 o 
 
 a 
 . a 
 
 S 0) ■" 
 
 PI « - - ™ 
 
 .1 f^ 5 ^^ .£ ■» 
 
 o O O 
 
 
 
 ffl 
 
 r- 
 
 r> 
 
 
 
 
 M 
 
 U} 
 
 , 
 
 
 o 
 
 02 
 CO 
 
 05 
 
 ^ 
 
 td a) 
 
 O . 
 
 • P^ OfJ CO 
 
 IN ft 
 
 'd o 
 
 O 05 
 
 T1 ^ t^ 
 
 =S'S S' 
 
 
 •■a 
 
 >. "Ti 
 
 J +^ 
 ! (N 
 
 m 
 Ph * 
 
 ... OS a 
 -■-1 a oj 
 
 Oi 00 u 
 (N 
 
 
 ISJ 
 
 
 l-^ '=^S 
 
 
 OS „ 
 '~' CO 
 
 ■d = 
 
 oj "d _ _ 
 
 3S§-:-£i 
 
 :^ 
 
 S-fl 
 
 'd 05 
 
 a) ^ 
 
 03 
 
 oj m' 13 JJ d £2. 
 
 
 O 
 
 
 - 1 ■ 
 
 rd 'd "d 
 
 OJ OJ CO O) 
 
 +^ ';3 t^ ■*-* 
 
 a ft« a 
 o o 
 
 r- R rS o '-< rH 
 
 
 Eh 
 
 o "" 
 
 S'dd' 
 
 
 
 o 
 
 . ^* 
 
 I rt -H ^ -1 
 
 ia 
 
 1,03 
 
 'd 
 
 1 
 
 
 
 •d 
 
 
 Tt 
 
 03 Ti 
 
 Cj 
 
 o 
 
 a 
 
 03 
 
 I (M 
 
 u ^ clt~ 
 
 J2' 
 
 S 
 
 l"rH 
 
 a; a S 
 
 . U5 
 
 a 
 a 
 
 <„ M fc. 
 
 «^7. ao 
 
 . . h 
 VI w o 
 m • ti 
 
 r-l 1^ I— I 
 
 ^ • . * 
 
 fl CO . t)t~ 
 g g<N _^N 
 
 P M • eq . 
 
 ==> .g .-^ 
 
 rf 0<3 « W .. 
 CC O M CO Ol 
 
 ^H OS 
 
 • CM OJ -, . C5 
 
 
 ■d -^ 
 c 'd 
 
 03 <!^ 
 
 K (M aj (M ta '^ 
 
 fd a> . " 
 
 Ca m O rH 
 
 ■g,tt). 
 
 05 O C 
 
 . B «* 
 
 ... .'. 3 
 
 00 OS m 
 
 2 ■§ i "- s 
 
 . "d rrt C5 
 M C 5 ■-< - 
 
 t^ c 'd P OS 
 
 (N rt rt O <— < 
 
 o J, C3 
 
 §2.2 
 
 ^«H .2 
 
 &^ o > 
 
 a> 
 
 
 >> 
 ^ 
 
 3 
 i-s 
 
 M 
 
 
 EH 
 O 
 
 1-5 
 P 
 
 02 
 
 a 
 
 03 
 
 a 
 O 
 
 -■o 
 
 ^ai. 
 
 ra a) 3 
 
 o3 S >• 
 
 lit 
 g; o o 
 
 O asl-l 
 Q 05~^ 
 
 Hi QO 
 
 ^ . OS 
 
 tw oo 
 
 (J O l-H 
 
 <:o 
 IN 
 
 So 
 
 i' 
 
 H 3 
 
 i-H a; oj 
 
 g 03.g 
 
 o 
 
 .3 
 
 
OHEONOLOGIOAL TABLE 
 
 XIX 
 
 5 
 
 OJ 00 P 
 
 •a o 
 
 OS ■g 
 
 s 
 
 .■o< 
 -•a 
 
 ..■* 
 
 m 
 
 a 
 
 cS 
 a) 
 
 a 'd 
 a) "d 
 
 3rr- 
 
 1^ 
 a si a 
 ji "d '"' 
 
 -4-3 
 
 aj o " 
 
 "d r-l — 
 
 TS CM 
 
 c4 ^ 
 
 a) m 
 t» go 
 
 00 6 
 
 « 
 
 .3 
 
 - CO 05 
 W 1—1 
 
 (M ^ 
 
 Q 
 
 (M 
 
 EC 
 9!! 
 
 CO 
 
 CO 
 
 O 
 
 OS TO QJ 
 
 T3 a; "o 
 
 (J, +J C3 
 
 42 i< to >j a) 
 
 •43 ft •>: -s Pi 
 
 rf) ., /^ '.^ 
 
 -d 
 at 
 
 ft 
 
 (M a 
 
 ■ o o -2 
 
 § ^ ^ 2 a 
 
 P o 
 
 • 05 -U - 
 
 U — ft» 
 
 ^ 4) CM 
 
 » 3 a) ^ 
 
 » t~ O . • 
 
 »-H ci CO , 
 
 3 .°S 
 
 U 05« ffi . 
 
 3 » cj rt c 
 
 S O S ^ ; 
 
 H aj .^H 
 
 05 fH ^ I 
 
 o a'g > 
 ig'^H'dq 
 
 . iJ .2 ft I 
 » ;?^ .2 o " 
 
 0) 
 
 ■d 
 
 ».2 
 
 O tJ 
 o, o 
 ^1 ft 
 o t. 
 u o 
 
 £(M 
 
 I — I 
 
 . <^ i^'d 
 
 : TS'" a 
 : H Id ^ 
 
 ' ft 05 
 
 o 
 a 
 
 d CO CJ » 
 
 ,n 'd 
 
 « 'd .S .2 
 
 fl Cl o 
 
 (M a; aJ a; 
 g >, . . -^^ 
 
 ,Q itf It) • 
 
 ^ aj aj aj w 
 
 . a) +J +-» ^ 
 
 w ja '3 '3 «5 
 
 oc 
 
 
 0) a; 
 
 a a 
 
 a; o 
 
 a a 
 oo 
 
 o 
 
 a 
 
 o 
 
 a 
 
 o 
 
 pin 
 
 ^ X M F-i 
 
 -11 <<\ 
 
 fS *o ci cd fa 
 o a> "^ *^ oj 
 
 O Cm O O a 
 
 hJ M h^ )-3 ai 
 
 -^ -d r:; 'd 'd 
 
 O) OJ C OJ a 
 
 a a a a a 
 
 ooooo 
 
 
 ■d 
 a) - 
 
 05 05, 
 
 Oft) 
 
 ft 05 'd 
 3 aj 
 
 3 
 
 CO 
 
 05 
 
 -d .Q -< 
 fd fd ^H 
 
 aS| 
 H ft''' 
 
 ^ S to 
 
 • "^ '3 
 
 W .-2 
 MS 
 
 "d o a 
 
 aJ rl " 
 ft cs . 
 
 cZ2 a) 
 J3 
 
 ^s • 
 
 4-> CO 
 
 a M M 
 
 oi 
 
 ft 
 "3 
 a 
 
 - .2 ^ 
 a ftid 
 
 *< ais 
 
 o2 
 a o'd 
 
 uj V a 
 
 ^^ o 
 a; a) 05 
 •a 05 "r 
 «^ o S 
 
 O, 
 
 
 s 
 
 a 
 
 o 
 o 
 
 a 
 d3 
 
 o 
 o 
 ,d 
 
 as 
 
 o 
 
 ^ OS 
 
 is .a 
 
 a a 
 Sw 
 
 ^^ 
 °^ 
 
 CUM 
 
 do 
 
 "d '3 ^ 
 a a i-i 
 S <u o 
 
 O O^^ 
 
 BR 
 
 So 
 
 CO • 
 
 > a 
 
 ^a 
 g3 
 
 o- 
 
 cB a 
 
 03 
 
 a 
 
 Tl 
 
 -2 
 
 OJ 
 
 a 
 
 rn 
 
 crt 
 
 ci 
 
 f ) 
 
 H 
 
 .a 
 
 .a 
 
 r/i 
 
 o 
 
 ■*-> 
 
 ZCQ 
 
 •^ 
 
 iC 
 
 CO 
 
 CO 
 
 a 1 o 
 
 a I 
 a a! *w 
 
 D-d 
 agS 
 •■Cfl a 
 
 a „' a) 
 
 a^« 
 
 § iJ.2'* 
 
 ■d 
 
 a 
 
 IT 05 
 
 a? 
 
 Oa; 
 
 d 
 CO |> 
 
 (M 
 
 o 
 b a; 
 
 00 03 
 
 CO j3 
 . a 
 
 o 
 ^1 '^ 
 
 aj 
 
 "2 iS "53 a 
 g p a P 
 
 «rP 
 
 i^a^ 
 
 CO l^ 00 
 
 CO CO CO 
 
 cS o 
 
 a 
 
 >»>5 ° 
 ftO,§ 
 
 3 S oj 
 
 cS h P 
 t*- Oft 
 >i o o 
 
 t^ ii 2 
 03 a a 
 
 rt p o 
 OEhR 
 
 ft|a 
 ft I 
 
 <!R 
 
 a 
 o 
 
 •■(3 
 o 
 
 o 
 d 
 
 CO 
 
 •d 
 
 a 
 
 a; 
 
 O 
 
 R 
 
 Tt< 
 
 O t) O O CI 
 OS 
 
XX 
 
 CHKONOLOGICAL TABLE 
 
 o 
 
 O 
 
 o) J^ O 
 
 a 
 
 CO 
 
 "3 
 
 1=1 E 
 
 05 c 
 0) 
 
 o 
 
 ■d 
 
 Q 
 
 X 
 
 
 
 
 
 3 
 
 dj 
 
 a 
 
 0) 
 
 ■s 
 
 I-i 
 
 o-^ 
 
 o3 
 ft 
 
 fn -i-H (M 
 
 .3 Sii 
 
 t. o c 
 a ^ ci 
 
 I « s 
 
 fe O c 
 
 4) ti > 
 
 (M « CD 
 
 iri tN 00 
 
 CS "^ ■^ 
 
 -d "3 a ii . 
 
 .2 K ^ - 
 
 (N f fa 4J o 
 
 a) <a =iS ., 
 
 tf a o 
 
 OS -^ 
 
 =< c 
 
 
 
 
 i-t* 
 
 . V 
 
 
 -o s 
 
 r" 
 
 (D -r" 
 
 r^TS 
 
 (S a 
 
 OJ 
 
 o , 
 
 o-^ 
 
 ■3 ■= 
 
 Sa 
 
 ■d o 
 
 •r- =i 
 
 
 
 i> 
 
 ^-c 
 
 !3 
 
 rd 2 
 
 c 
 o 
 
 O d 
 
 fo ■« ^^ 
 £00. 
 
 ■■.as 
 
 o 
 
 'i^ - 5 d <^ 
 « ■* "^ S « 
 
 g .djj S 
 
 ? S 3 S E 
 £ OS. 
 
 ^ 
 
 J 
 
 
 
 c 
 
 c/ 
 
 ^■ 
 
 
 
 
 
 4) 
 
 
 
 
 
 
 -<'-<'-<' 
 
 :n . . 
 
 r^ 
 
 cj 
 
 c 
 
 a 
 
 
 
 ^ 
 
 
 cj 
 
 
 c +J -p 
 
 
 
 a 
 
 
 
 
 £■ 
 
 
 d 
 
 13 
 
 C 
 
 
 
 
 
 
 ceo 
 
 
 
 
 
 
 
 
 <J 
 
 k^n:; J 
 
 
 J 
 
 s 
 
 
 
 
 ;:: 
 
 
 d ^ ■" 
 
 i go 
 
 A ft a 
 
 . o . 
 
 ■d .a d 
 o te o 
 
 a ia a 
 
 ceo 
 
 P. 
 
 o .a .a 
 
 
 O :!:, ; 
 
 a 
 O 
 
 o o o c o c o 
 
 1 IQ 
 
 
 
 
 1 t^ 
 
 (Ml [ 1 1 It 
 
 
 
 o *> 
 
 P5 
 
 o 
 1-5 
 
 ft 
 
 d 
 a 
 
 OS 
 
 £ 6 
 
 o 
 d 
 
 03 ^ 
 
 H a 
 41 
 
 a o 
 
 -d 
 
 a 
 
 4> 
 
 g 
 
 O 
 
 • "I' S 
 
 D g a! 
 
 ft 4J 
 
 =)o g 
 
 .5fafe 
 ID 3 c. 
 
 fe o 
 
 gOU 
 
 o o LO 
 
 d 
 a 
 
 Is 
 
 ca.2 
 
 ^?a 
 
 ass 
 
 o c o 
 
 "d oJ " 
 — ' M "d 
 
 " JD CU 
 
 -H ^ +J 
 
 I-' XH '-^ 
 
 o 
 a52 
 
 g CJ W 
 
 rt ■*- _-. 
 C5 oO w 
 
 o 
 
 --^ a 
 
 "g ft o 
 
 J. 0<5 O " 
 K .0 . 
 Oi o ^ 
 
 a' _. a _^ 
 
 13 
 
 o J 
 cc 00 
 
 "SS'S 
 
 5 o 
 
 c 
 
 -d 
 
 - a 
 
 ^ - _ .^c 
 IL CJiJ H ^1 B 
 
 agSaggaa 
 
 o » o 
 
 o c 
 
 2'S 
 
 ■d 3 J ft 
 
 ^ HH ^j o 
 
 ^ a'ftW 
 
 °|§^ 
 
 |?aWS! 
 
 ^ UO 
 0:: t^ OJ 
 ft O 01 t, 
 
 3 a^ a 
 
 5 ^di 
 
 ;2 o o .:: 
 
 CO 
 
 o o c o a o 
 
CHRONOLOGICAL TABLU 
 
 XXI 
 
 ' B 
 
 .9 "^ 
 
 pi o 
 
 m 
 
 o 
 
 ■d 
 
 
 o a* fl 
 
 g S^ 
 ° O o 
 
 o ly ^ 
 
 ■S go 
 
 a 1- a 
 
 TS "C tj 
 
 O) 0) CD 
 
 a as 
 
 ooo 
 
 S53 
 
 n 
 
 aa o 
 
 WW 
 
 o 
 
 
 
 
 c3 
 
 ts-d 
 
 SI 
 
 
 
 +J +j 
 
 
 ■*-> +J a 
 
 a a B 
 
 ooo, 
 
 01 
 
 . u 
 
 Id lu 
 
 3 q y 
 oj 2 d 
 a ?! cs 
 
 •s o — 
 
 a a ;^ 
 
 3 
 
 a 
 
 a> 
 
 (>i 
 
 s 
 
 B 
 
 Tl 
 
 a 
 
 a; 
 
 •d 
 
 ■d 
 -d 
 
 O 
 
 cS 
 
 
 £i 
 
 
 
 a 
 
 
 V.^0^ ■» 
 
 OSH 
 
 
 
 to 
 -d, 
 
 o 
 
 ■d 
 
 ■d • d 
 aj CO o 
 
 01 
 
 W 
 
 ja d 
 
 Sd 
 Ad 
 S « 
 o ~ 
 
 • S Si 
 m 3 m 
 
 a, 
 
 a F'a 
 
 d Ml ^ 
 5; a ~ 
 
 • ' -d T" (M 
 
 d d w IS ^ 
 SS=o„ 
 
 II a o a 
 
 A Ag <yS 
 
 «i *; § S m S 
 
 .■S^^ 
 
 ? ■» 1^ _ -9 -a 
 
 a 
 
 CO 
 
 ■d 
 
 a 
 
 03 
 
 a-dxs 
 
 a-& 
 _i w 
 
 O) a; 
 
 a 
 ^^a 
 
 ja ^ ^ ,a t— 
 
 ^ ^ o .g c^ 
 
 a.d 
 oj aj ^1 > ■" 
 
 C_ Cj Oj 
 
 ^■§a 
 
 o aJ «; -^ 
 
 •a g m o 
 
 d osd S 
 
 ai Qj X^ 
 
 d « "d m 
 
 a a ^ 
 
 a) j; a) -t^ 
 
 a 03 a (S 
 
 03 a oj a 
 
 (M Oi O <© 00 O t- 
 
 CO CO ^^ CO lO t^ Oi 
 •^ -^ O O lO U5 iO 
 
 03 
 A 
 '3 
 
 a 
 "S 
 
 A 
 
 a 
 •-3 
 
 5d 
 
 d 
 
 O O ^ 
 
 „ „ o 
 
 o a) 
 
 i- w 
 
 03 
 
 a 
 
 « 2 
 _ ^ 
 
 •d C3 
 
 a 
 
 a) . 
 
 
 a -I 
 a 
 
 .2 ai 
 
 r a >> 
 
 a) c3 a> 
 
 K a a 
 (M IS g 
 
 a P9 
 
 -g 
 
 • o 
 
 (N , 
 
 W 
 
 S3 
 
 m u 
 
 O Id +J tH 
 
 *^ a a 
 03 53 
 
 d-'-d ° 
 
 , d =s ^ 
 
 m 
 
 a 
 o 
 
 
 09 
 
 ■d '^ 
 
 la 
 
 a § 
 
 t» 
 
 •— "' s _- 
 
 a a a oi 
 o a o 
 
 o d o ^ 
 
 C3 t- o3 
 
 O -d 
 aj^ 0) T)i 0) 
 
 CQ ^H in •—• -4-) 
 
 O 03 o _ d 
 
 £' .& & 05 "!h 
 g O 3 02 A 
 
 <?? 
 
 CO 
 
 i> 
 
 o 
 
 OS OS 
 
 .—1 
 
 '~* 
 
 i-<r 
 
 <v - 
 
 - p 
 
 rl ■ 
 
 a B 
 
 <1 
 
 i-s 
 
 CO 
 
 CO 
 
 o o 
 
 Oi 
 
 05 
 
 1^ 
 
 r-H 
 
 -4' 
 
 O) 
 
 
 B 
 
 H' 
 
 
 <1 
 
 1-5 
 
 d.a2-S 
 
 a) aj a> 
 "o O CO "o 
 
 a-d —.a 
 
 f: ^ • p: 
 
 o 
 a) aj aj a) 
 jd ja "= ja 
 
 i i i i is 
 
 1 t I 1 1 CO 
 
 CO 
 CD 
 
 CO 
 CO 
 
 n-.(~-l~-OfN(MOOOCOt^OOO 
 
 iOTf<<MO>JCO-:t<-^'J3iO;OCC) 
 (NCOTjiiOlOiOiOLOiOOiOlO 
 
 05 
 
 I— I 
 
 OS 
 CO 
 
 CO 
 
 TJ4 
 
 CO (M 
 t- CO 
 
 nH CO 
 
 I— 1 
 
 3 
 
 o 
 
 w 
 
 d^" 
 
 a 
 
 ^ Ol 
 
 a 02 
 ^ I 
 
 <H o d 
 <a ooi-( 
 
 " -d ^ « .5 
 
 § s d e-g- 
 
 -w g 2 o o 
 
 tl '^B aa 
 o o ^ a a 
 >- =-i ?: -ii -i) 
 
 to 
 
 O 
 
 d 
 
 ■a 
 
 s 
 
 a 
 
 03 
 O 
 
 H 
 
 d 
 
 J2 
 B 
 (l4 
 
 O 
 
 d 
 
 -d 
 d 
 a> 
 
 a 
 
 C3 
 O 
 
 H 
 
 O 
 
 a . 
 
 g ly 
 
 Mag 
 
 g^a 
 
 CO 1^ CO 
 
 a 
 _o 
 B 
 ca 
 
 a 
 
 <a 
 a 
 o 
 D 
 
 o 
 
 O 
 
 d 
 
 
 bi 
 03 
 
 o 
 d 
 
 CO 
 
 ^ 
 
 o 
 d 
 
 -dJi 
 
 ■d 
 
 -d 
 
 Tl 
 
 y^^ 
 
 a 
 
 a) 
 
 s 
 
 g 
 
 Hm 
 
 f1 
 
 a 
 
 a 
 
 C3 n3 
 
 C3 
 
 Bt 
 
 C3 
 
 oH 
 
 O 
 
 o 
 
 O 
 
 R 
 
 R 
 
 H 
 
 H 
 
 a 
 P 
 
 ^^ 
 
 O! r^ 
 a) *-' 
 
 a d 
 
 O) 
 
 d 
 
 C3 
 A 
 
 a 
 
 o 
 O 
 
 3 
 u 
 
 CO ■^ uo 
 
 O tJ O O CJ o 
 
xxn 
 
 r:iiI!OX0I.0GICAL TABLE 
 
 ■-e 
 
 m 
 < 
 
 H 
 
 < 
 O 
 I— ( 
 
 O 
 
 O 
 
 o 
 
 o 
 
 o 
 
 o 
 
 02 
 
 5^ ^ 
 
 IN ■-' 
 . CO 
 CO f-^ 
 EQ 
 
 -d 
 C 
 
 cS 
 
 
 ^ 
 
 
 
 1— 1 
 
 
 Ul 
 
 o ^ 
 
 0) o 
 
 2 "M 
 
 T^ r 
 
 ?► ■ o 
 
 
 o a> ^ 
 
 O'C 
 
 ■■^ V ti 
 
 
 
 2 t>. 
 
 2?fe 
 
 l^'^ I'M 
 
 TO r- 
 
 =) ■ •? 
 
 '3 2 a 
 
 Oho 
 
 a 
 
 ■d 
 O 
 
 
 ^ •§ s ft- 
 
 .g;o.s 
 
 -* T)< 
 
 3 -d 
 
 w 
 ^ 
 
 fd 
 
 d o 
 
 s^ 'd 
 g. ci 
 
 
 
 ^ ■ 
 
 a+^ a; 
 
 g 
 
 o 
 o 
 
 ad'" 
 
 o 
 
 
 P^r-, 
 
 O 
 
 «.a • 
 
 
 j:) S !» 
 
 3 
 
 eCLl 
 
 ^ 
 
 "^ -d 
 
 CJ W 0) 
 
 . — , p^ aj 
 
 d — 
 
 • u "d -' 
 
 "tj M 2 • 
 S J3 " o 
 oj ^ so a 
 
 d . • 'p 
 g== '3 «= 
 
 c • o - 
 
 Sid ^ 
 
 • "d CM 
 
 M 3 ^ 
 
 -Q g 
 
 O O 
 
 CD ^ 
 
 .2 
 
 "> a 
 g S 
 
 5 i; oj 
 
 -3 CO 
 
 ) aio 
 
 i O - ffl 
 ' O CO cfl 
 
 ~ a, M «• 2 
 
 
 c!_^.g 
 
 , 
 
 CO 
 
 ■ — • 
 
 
 
 
 <N 
 
 
 o 
 
 
 
 Ol 
 
 a 
 
 
 ■— 1 
 
 - 
 
 p— 1 
 
 Ti 
 
 
 
 
 
 r-i 
 
 
 
 
 
 o e-i 
 
 d ?^~ 
 ^ "d LO 
 
 CO 
 
 a o "d 
 
 g !B =3 
 
 " O ^ 
 
 CO 00 .O CO 
 
 
 ■" 'E '" 
 
 ft &^ 
 ^ d ,^ 
 
 g^g 
 
 o to o 
 
 O C3 o 
 
 o o 
 si cu ca 
 
 o 2 o 
 CO 3 CO 
 o ^> o 
 
 &«& 
 
 3^3 
 
 
 ■d d 
 3 3 
 
 1 ft p< 
 0) a> 
 
 XI •■ 
 
 3 O ' 
 — O 
 ^ 3 ; 
 
 3 ci; 
 
 " ■ a 
 
 00 Id's 
 
 00 s g •- 
 
 O t» 
 
 ■ ^ ■'■3 
 
 m "CO _ 
 g . o ai 
 
 CO 
 
 lU S3 
 
 CO 
 
 a o 
 
 o " 
 
 I Utrp 
 
 oO 
 
 H^ CO 
 
 +^ ^ (-1 
 
 O CO 
 
 +-' CO 
 
 3 pS ^ 
 CS O O 
 3 ^ a 
 
 S ^ p: . 
 
 en 
 
 ci 
 
 M' 
 
 rt 3 
 
 ft CQ 
 
 a«=' 
 
 ft 
 
 t7 3 
 3 =* 
 
 O 3 
 
 &.2S 
 
 CO o 
 
 ^ 0) 3 
 CM m - 
 
 xn Ph 
 ,Q 
 
 3 
 
 -d (M <*-! d i^ 
 
 CO . 
 
 . CO fd 
 
 I J) i 
 
 to u 
 CU o 
 
 5 CS CO to CO O 
 • t- O --* CO I-- 
 
 . I>- GO X CO OC 
 
 CO CI 
 (M CO 
 O^ 0-1 
 
 CO ira 
 
 CO 00 
 
 CO I 
 
 
 
 j; 
 
 r^ 
 
 ^ 
 
 
 
 
 
 
 
 
 1^ 
 
 
 
 
 
 
 
 
 <w 
 
 
 
 
 
 
 
 
 
 
 ° 
 
 3 
 
 
 , 
 
 
 
 
 
 
 
 -S 
 
 S 
 
 % 
 
 - •'S 
 
 ft 
 
 
 
 - 
 
 
 
 ci 
 
 CO 
 
 ci 
 
 ^ 
 
 ;I1 
 
 2 
 
 
 
 
 
 
 p 
 
 ►^ 
 
 *-^ 
 
 ^ 
 
 
 
 
 
 
 
 
 C5 
 
 -^ 
 
 o 
 
 
 
 
 
 
 
 
 
 'M 
 
 
 
 
 
 
 
 
 
 
 1 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 +j 
 
 
 
 CO 1 
 
 
 
 
 1 1 
 
 1 
 
 
 3 
 
 
 
 O 1 
 
 
 
 
 
 
 
 0) 
 
 
 
 
 
 
 
 1 J. 
 
 ] 
 
 
 a 
 
 
 
 O 1 
 
 
 
 
 1 XJl 
 
 
 
 m 
 
 
 
 
 
 
 1 O 
 
 cc 
 
 
 m 
 
 
 
 _^ 1 ► 
 
 
 
 
 1 "*^ 
 
 .2 
 
 
 GJ 
 
 
 
 -d 1 
 
 
 
 
 
 
 m 
 
 
 
 « 
 
 
 05 
 
 
 1 'S 
 
 a 
 
 CO 
 
 < 
 
 o 
 o 
 
 1 
 
 ■d 
 a 
 
 ci 
 
 
 ci 1 
 
 .ft 1 
 
 'u 1 
 
 
 
 m 
 
 'a 
 
 3 
 
 i. 
 
 o 
 
 o 
 
 
 "3 1 
 
 B i ■ 
 
 
 O 
 
 .ft 
 
 CO . 
 
 ■So 
 
 6 
 
 O 
 OS 
 
 s 
 
 
 6 1 
 . 1 ( 
 
 
 1-3 
 
 1 
 
 1^ 
 
 Q 
 
 o 
 
 o 
 
 «4H 
 O 
 
 
 ° i 
 
 
 CQ 
 
 o 
 
 (3 
 
 O o 
 
 g 
 
 ^ 
 
 o 
 
 CO 
 
 CM 
 CM 
 
 
 CO j 
 
 
 m 
 
 Is =3 
 
 o 
 
 CJ 
 
 o 
 
 O 
 
 2^ 
 
 O 1 
 
 
 
 ^ 
 
 s-s 
 
 ■d 
 
 -d 
 
 ■d 
 
 -d 
 
 t3 ' 
 
 
 
 
 S 3 
 
 gg 
 
 s 
 a 
 
 3 
 
 QJ 
 
 a 
 
 g 
 
 g 
 
 g 
 
 g 
 
 P5 2 
 
 f3 ^ 
 
 il 
 
 
 
 9 
 
 •s =5 
 
 ci 
 
 ci 
 
 OS 
 
 ci 
 
 £•3 
 
 
 
 %~\ 
 
 M) o 
 
 o 
 
 o 
 
 o 
 
 o 
 
 5 S 
 
 
 
 s 
 
 <!H 
 
 H 
 
 H 
 
 s 
 
 H 
 
 W^ 
 
 § 
 
 
 
 CO 
 
 t~ 00 
 
 en 
 
 o 
 
 ,-H 
 
 (M 
 
 CO Ttl 
 
 O 
 
 
 
 ^ 
 
 I— t r-l 
 
 ""• 
 
 IM 
 
 CM 
 
 <M 
 
 CN (M 
 
 CM 
 
 
 a) 
 
 ^ 
 
 t; o 
 
 o 
 
 O 
 
 <J 
 
 O 
 
 6 o 
 
 O 
 
 
 la 
 
 
 
 
 
 
 
 
 
 
 ci 
 
 
 
 
 
 
 
 
 
 
 g 
 
 
 
 
 
 
 
 
 
 
 S 
 
 " 
 
 ••- - 
 
 :: 
 
 :: 
 
 - 
 
 - 
 
 - :: 
 
 - 
 
 
 b 
 
 o 
 
 
 
 
 
 
 
 
 
 O 
 
 ! s 
 
 i 
 
 
 
 
 
 
 
 
 o 
 6 
 
CHRONOLOGICAL TABLE 
 
 >(.X1H 
 
 o 
 
 g 
 
 
 ^ 
 
 
 
 
 
 
 cd 
 
 o 
 
 <J 
 
 
 ^1 
 
 Local. 
 Iberta 
 rporat 
 
 ^1 
 
 O l-J 
 
 
 -^.s 
 
 -^g 
 
 
 
 
 a 
 
 •. 
 
 
 
 
 
 
 
 o cS rt 
 
 
 ci 
 
 o a> 
 
 
 4J 0) 
 
 o 
 
 o ft 
 
 ft o o 
 
 a ft 
 
 o 
 
 1-1 M 
 
 OOlJlJ 
 
 mvi 
 
 h-l 
 
 •OlS 
 
 fd 13 'C 
 
 r3 -S 
 
 r— 
 
 
 a> a) 1) 
 
 0) 3J 
 
 
 
 
 ^J -M 
 
 -4-J 
 
 +-> -tJ 
 
 +j -tJ +j 
 
 -M +-J 
 
 
 
 
 
 
 a a 
 
 a a 3 
 
 a a 
 
 a 
 
 oo 
 
 ,ooo 
 
 oo 
 
 o 
 
 
 
 — ■ '-< .S 
 
 o 
 
 o 
 
 0) 
 
 ft 
 
 a 9 fl s ^ 
 
 _o o o o o 
 
 +3 43 ^2 +j . "43 
 
 ci ci ci ci cH c3 
 
 ^ ^ ^ ^ -W tH 
 
 O O O O fci O 
 
 ft ft ft ft ^ ft 
 
 O O O O T o 
 
 o a o o ^ o 
 
 =1 a fl a rt 
 
 ^ oj C^ ^ C3 ^ 
 
 Q) O O C) Q> Q; 
 ft ft ft ft ft in, 
 
 a 
 O 
 
 a 
 
 o 
 
 '^ r3 ^^3 Td 'id 'CS 
 
 GJ OJ O QJ CJ O) 
 ^j 4_j 4j ,(_, ,^j .^ 
 
 +J 4-» ■!-> -tJ 4-J +-1 
 
 a a a a a a 
 
 oooooo 
 
 . -J2 
 
 
 S .S +^ -S 5 
 o o a 13 c 
 ft ft a j; o 
 CO OB M i^ g 
 
 r::; ti 13 rj 
 cj oj oj 7; 
 
 a; 
 
 -d 
 -d 
 
 o ^ 9 "3 
 
 aaaa 
 
 OOOi^ ! 
 
 ■c ft i 
 
 _ O) w a 
 
 § • '3 0,0 
 
 o a, ft o>-' 
 
 , rf O "^ ft 
 
 » d .a -d "G 
 
 - - ^^ a 
 
 a j; 
 
 O 2-' 
 
 a 
 ft 
 '5 
 a 
 
 ho 
 
 a 
 
 13 
 
 i>. 
 
 .a 
 
 
 aj 
 
 ■rt 
 
 
 o 
 
 ft 
 
 a 
 
 o 
 
 a 
 
 CJ 
 
 
 
 o 
 
 
 o 
 
 
 ,a 
 
 r. OJ 
 
 tt 
 
 ft>^ 
 
 
 CO CO ?^ 
 
 o o o 
 
 O C^ OS 
 
 tH a o 
 
 r 1 111 II 1 1 1 1 1 1 1 1 1 < 1 1 'J 
 
 
 c 
 
 r." 
 
 
 ,^ 
 
 ,_( 
 
 1^ 
 
 
 ••^ 
 
 
 ro 
 
 -f 
 
 GC' 
 
 (M 
 
 
 11 III 11 I J ' 1 1 1 1 1 I ; 1 1 CO 
 
 O 
 
 
 
 
 i-O 
 
 
 
 
 
 " 
 
 ■"^ 
 
 i-H 
 
 
 
 r— t 
 
 
 s g. 
 
 +J O - 
 
 ^ o 
 
 ro ' — • 
 
 CO c 
 
 ^ o < 
 
 o < 
 
 W 
 
 o5 o 
 
 
 
 -art -d 
 
 g<H § 
 a o a 
 
 I o 
 I o 
 
 -■| 
 
 o '^ 
 I? o 
 
 CS 
 
 ^ c 
 
 • gssl 
 
 - Sag 
 
 cd [>j cj o rt 5g 
 
 ■" ►^ o o 
 
 OS O 
 
 "=* g 
 
 a; +3 
 o » 
 
 sgftS-a 
 
 O a EQ 3 CQ 
 
 a °* ,2 « 5 
 S oWoW 
 
 
 goE, 
 
 «* M ,T< a 
 
 g ft a SB 
 
 a a,^ 
 Qj ttj a> a 
 
 7-n J_) JJ '^ 
 
 OT - 
 
 I « 
 
 .a t^ 
 ^^ +j 
 ^£ 
 
 O - — 
 
 +3 CO 
 .a ^ 'o 
 
 ■P CO o 
 O • IB 
 
 rh a O) 
 
 o a o 
 M ci ;j 
 
 ao^ 
 
 s 
 
 5S "t! .- 
 
 05 
 
 O 
 
 Saw 
 a o . .• 
 
 ° ft «j S 
 
 g2 a a 
 
 Og,c3 0i 
 
 o ft o o 
 
 I 1 
 
 
 
 
 
 
 o 1 
 
 
 •"* - [ 
 
 
 
 
 v. 1 
 
 ' 1 I 
 
 ^ 1 
 
 
 OJ 1 
 
 
 _o 1 
 
 
 
 
 
 
 *c I 
 
 
 d 1 
 -t-J 1 
 
 a i 
 
 
 
 1 Eh 
 
 
 e 1 
 
 1 a 
 
 c3 
 
 3 1 
 
 
 
 
 
 
 +j ' 
 
 
 
 
 m I 
 
 I'd 
 
 
 
 ^-^ 1 
 
 3 
 1 1-5 
 
 6 i 
 
 
 S 1 
 
 
 o 1 
 
 
 
 
 
 
 
 lo 
 
 ^ 1 
 
 
 o I 
 
 §o 
 
 CO 1 
 
 
 
 ■■=^s 
 
 
 
 
 3 N 
 
 ^ 1 
 
 
 o 
 
 1^ 
 
 
 
 fl o 
 
 ■d^ 
 
 s 
 
 So 
 
 a; a 
 
 a. 2 
 
 •J3 
 
 ■•^ ft 
 
 o w 
 
 o cS 
 
 o 
 
 3 
 
 ^O 
 
 o^ 
 
 -d 
 
 H 
 
 ojH 
 
 H 
 
 M 
 
 ) CO 
 
 1 01 CTO 
 
 o o a o 
 
OiiiJONOLOGICAL TABLTi! 
 
 12; 
 o 
 
 o 
 
 0) J. f3 
 i^ tM ^ 
 
 OJ OJ <u 
 
 o o o 
 rf i: a 
 
 a> dj o 
 
 d ij ja 
 
 C3 
 
 
 'O nd TIJ tn 
 
 o OJ aj ;=5 
 
 « 0) a) ^ 
 
 o 
 
 ft 
 
 3 
 (1< 
 
 
 P 
 
 
 M 
 
 J 'd "d irt 
 3 ^ ^ o 
 
 ' ftftg, 
 ^ 0) o 
 
 ^ & ^ 
 
 O CD <D 
 
 J ^ j:3 
 
 a> o 
 
 ■3 "-^ 
 3 =" .ti 
 
 •£^ . O t 
 a"" P 
 
 »-< o a; 
 
 o -^ a 
 
 O ft-d 
 
 « +-'0 
 >■ m a o 
 
 ^' a •= 01 a 
 
 - o — . > — 
 
 ^ 05 r7;3 Oq C3 O 
 
 . ^ (^^ +j a 
 
 «, o, o s ^ 
 " gl ftO 
 
 +-) O ft 
 
 N o " & a 
 
 * iH -' O) _ 
 
 02 r3 » ^ a 
 
 a; ■* .2 
 
 03 
 
 ft 
 
 II 
 
 M -l-i 
 
 > a 
 £.2 
 
 Pi 'm 
 
 — o 
 
 a o 
 ft-" 
 
 g 05 
 
 o cj 
 
 §5 
 
 41 i-i 
 
 al 
 
 o 
 
 a 
 
 a = '^ S .3 
 
 g ^ ^ .5 3 
 .; i> ^ a 
 
 d '« S •" • 
 ;^ ^ ^ O O 
 
 "";= 
 M =; 
 
 
 a 
 o 
 ■d M +3 ' 
 
 cS 
 
 a -K "d o 
 
 o 
 
 a 
 
 3 . m D 0) 
 i! m o « ni 
 
 a aM.r5 
 
 c; -a «!s a 
 
 -> S-^i S'" 
 
 ■o 
 
 o a M 
 
 
 
 l> 
 
 ""s <» s 
 
 ==is-H 
 
 tt! 
 
 6 =3 
 
 o a 
 
 O^ 
 CO ^-, 
 O tj 
 
 P'.S' 
 
 a'" 
 
 05 
 
 O 
 
 -d 13 ■" 
 
 OJ 
 
 <M 
 
 03 
 
 fl G -a* 
 
 a agco m ,; S 
 
 2 2 W) o 
 
 J3 J =^'-' 
 
 O C5 
 
 jOlS 
 
 m C3 
 
 CO 
 
 CO 
 
 m 
 
 CO 
 
 ir- (M 
 
 o oa 
 
 
 
 
 CO 
 
 Ol 
 
 r- t^ 
 
 
 t^ (M 
 
 (M 
 
 t— 
 
 CO 
 
 CO 
 
 
 r-.^ 
 
 O -H 
 
 a 
 
 <1 
 
 Eh 
 o 
 
 p 
 
 
 go 
 
 aw 
 
 a a 
 
 g-2 
 
 "^ a 
 
 Kl( 
 
 r65d 
 sj) a 
 
 O) CM c^ ^ 
 
 a CO O) ■=** 
 
 " . M . 
 
 ^ ti H '^ 
 
 +j a w a ' 
 
 T: 0) aj oj 
 
 o a-s a 
 
 ft 03 2 51 
 
 a a 
 
 p o t- o 
 
 jy) C-i ^J Cj 
 
 i tn 
 
 1 1 ' 
 
 1 aj 
 
 
 1 m 
 
 ^ ' ' 
 
 
 
 \ ^ 
 
 Vj i ' 
 
 
 
 
 ^ ' ! 
 
 
 .^ 1 1 
 
 ! ^ 
 
 O 1 1 
 
 
 
 l£i 
 
 a. 1 1 
 
 1 OT 
 
 
 
 <rf ' i 
 
 1 y 
 
 fc*o 
 
 
 5 i i 
 
 
 
 lo 
 
 . 1 1 
 
 lo 
 
 OO 1 
 
 1 o 
 
 dd 1 
 
 1 LO 
 
 -— < CI 1 
 
 
 IC uO 1 
 
 1 o 
 
 • • 1 
 
 
 O y 1 
 
 % 3 
 
 O C3 
 
 C5o 
 
 ^d 'd >a 
 'X a> o) +-» 
 
 aSa-S 
 
 cj 03 c3 -g 
 
 ^ o o « 
 
 a — 
 
 o «J 
 
 (u a 
 
 02 -„ 
 
 .a % 
 
 Q 
 > 
 
 o 
 
 ^ 
 
 
 r ) 
 
 u 
 
 05 
 
 
 
 lO 
 
 
 o 
 
 CJ 
 
 1-1 
 
 13 
 
 
 a 
 
 
 
 a 
 
 a 
 
 o3 - 
 
 o3 
 
 O 
 
 o 
 
 Hj 
 
 t-l 
 
 a 
 
 o 
 O 
 
 a 
 
 ■oil 
 
 o 
 
 o 
 
 -d 
 S M 
 
 a-S 
 
 o » 
 
 ■d 03 
 
 a oj 
 
 ri 
 
 C3 O 
 H 
 
 .a 
 
 a 
 a 
 
 a . 
 go 
 
 wd 
 
 a 
 
 S'^ 
 
 O 
 
 13 
 
 d 
 
 a 
 
 oj 
 o 
 H 
 
 a 
 '•3 
 
 I 2 
 
CHROlSrOLOGICAL TABLE 
 
 XXV 
 
 O T. 
 
 SET 
 o rt 
 
 - 1^'^ 
 S'^ =* 
 
 DO Cf I— t 
 
 IS ^ _ 
 
 "d — -(N 
 
 got*. 
 
 t^ a; o 
 
 .s ? 
 t,e<3 j-> 
 
 Pi '43 
 
 o oS s 
 
 "'^ 5 
 
 ^ C5 cs 
 
 .i >o >. 
 
 
 5 W -5 
 
 
 00 Q 
 
 •8 a 
 
 Efc, 
 
 « lO — 
 
 'O to ^^ 
 
 = o 
 
 S>-. • 
 
 -; .2 m . 
 
 o 1 
 
 t» o 
 3 . 
 
 c ■^ 
 "•d 
 
 ?^ 
 — -o 
 
 
 a 
 o 
 
 m 
 
 a 
 
 o 
 ly 
 
 I iM -— a m 
 
 I y c G; c*2 — 
 ' is C^ ^ 
 
 'r-sa-a 
 
 = — 02 'S « 
 
 ■a • >d ■- 
 
 ■d .; 
 
 IT- >* 
 
 1j= 
 
 o 
 ■ >.l 
 
 o 
 
 p, 
 
 m 
 
 <M 
 
 ;"^^-= 
 
 o . 
 
 CO - 
 
 £-? § -Si >■ I 
 o .£ a . ■ 
 .= -c S v; - 
 
 cc "d 
 • -■d 
 
 III « 
 
 • a 
 
 cj 'd 
 
 i' rj a- 
 
 O p'd 
 
 ^j Id w 'd 
 
 _ S .S OJ ~ 
 
 a K 11^ cc oo 
 
 a- »5 S] «5 - 3 
 
 " . a 
 
 a K 
 
 ■-05 a 
 
 T^a 
 
 ■d 
 a 
 
 00 oj 
 
 — «; a M 
 
 !r3 il^ EG _^ - 
 
 •So 
 
 IS = 
 
 o 
 o _ 
 
 ccid 
 
 ... a I 
 
 
 .o - 
 
 ■d 03 
 a 
 
 ■d 
 
 •2 ^ 
 
 a ^<H 
 •- ^ o 
 
 o S o 
 
 - a CO 
 
 o 
 
 O) - M 
 I— < In 
 
 . t>. 
 
 -d a,.Q 
 
 ■d 
 
 ^5 S 
 
 ■5-2 
 
 
 ■•g'S 
 a. ^^ 
 
 ■a a =■ 
 
 ft 
 I 
 
 ai P. c3 03 ■* 
 
 «J OS 
 
 ai 
 o 
 
 a 
 
 
 
 u ■ 
 
 CO CQ 
 
 
 -d 
 
 o 4'iM 
 
 O) o '— ' 
 
 St 2 
 
 c3 '~^ o 
 
 » c m 
 
 ■•■a .5 02 
 
 ' - t. ' 
 
 ' ft c, • 
 
 _?5 r^ r- O 
 
 cc -d ''3 
 
 ^ 1, a 
 
 . 'd' =" 
 
 m 'd ^ 
 
 tD a; 't <H 
 
 CD 
 03 
 
 OC ^ 
 
 o to 
 cq o 
 
 r— 03 
 CM CO 
 CO CO 
 
 •a 
 -d 
 rt 
 
 ~ aj 
 
 CO o 
 
 ^- a 
 •So 
 
 a 
 
 . a 
 Id o 
 
 ft ^-S 
 c i 3 
 
 o ^ ft 
 o o 02 
 
 m • 
 
 S? fl. ^ 
 
 '-' S a 
 a 13 g 
 
 Hi O 
 
 •d 
 
 a 
 
 0) 
 
 ■d 
 
 < .2 
 
 "-: f-. c ^^ 
 
 C3 CD a O 
 C "^ 
 
 ,_ ^ ^ ^ CO 
 
 000, 
 
 O d) <P 
 
 a a a 
 
 t3 'C 'CJ 
 
 <P 1) OJ 
 
 s s a 
 
 -P OOCO CL^ 
 
 a a 
 
 Oi oi 9 
 ft ft o . 
 «; 00 o 4) 
 
 . . oj a 
 ■d-d o g 
 
 a s go 
 
 .) CD CO 
 I t- OD 
 
 1 CO 03 
 
 
 SO 
 
 O 
 D 
 
 ■d 
 a 
 
 a 
 
 o 
 
 H 
 
 ti .t: — 
 
 o 
 o 
 
 2^ 
 
 a CM 
 P o 
 
 ■2 !=l 
 
 ci 0^ 
 
 ■'-' a 
 
 m a 
 
 flJ c« 
 
 o o 
 
 a 
 o 
 
 m o 
 
 i, ■'-' 
 a o 
 
 o 
 
 fa 
 
 -d 
 
 a 
 
 OS 
 
 o 
 d 
 
 -d 
 a 
 
 
 bo oj 
 
 ■Eg 
 
 g'd 
 aO 
 3.3 
 
 t-l 
 
 
 
 a> 
 
 
 
 r ; 
 
 ^ 
 
 
 
 
 -M 
 
 0) 
 
 
 
 a 
 
 m 
 
 
 
 1 
 
 0) 
 
 "d 
 a 
 a. 
 a 
 
 a 
 
 •d 
 
 J 
 
 c; 
 
 (4-1 
 
 
 
 
 
 
 
 HH 
 
 
 ^^ 
 
 rM 
 
 
 CO CO 
 
 
 o^ a 
 Oj o 
 
 , -* 
 
 a 
 
 GQ O • 
 
 , P3 t- g Id 
 "S '^ ft-E a 
 ° <)-i (>. a » 
 
 ^^CLft* 
 
 C .ti iJ ft O 
 
 CO T^ 10 .— t (M 
 
 CO CO CO 
 
 O tl o o o 
 
:xxvi 
 
 (JHKOXOI.OGICAL TABLE 
 
 g 
 
 - s» 
 
 s 
 o 
 
 pq 
 
 fi-c? I::^ 
 
 2 
 
 O 
 
 m 
 O 
 
 Pu 
 
 ""a 
 
 Tl 
 
 di fci 2 
 
 
 ■« S 
 
 
 -' OS CS 
 
 CJ 
 
 d 01 CJ 
 
 1 
 
 a OS 
 
 > . CO 
 
 — 02 --< 
 
 3 
 
 to m ^ 
 
 05 
 
 --. >.=> 
 
 » 
 
 ^^» 
 
 ^ 
 
 a 153 • 
 
 •q 4) o 
 
 a) ,3 . 
 
 ^•^ m 
 
 fl a 
 
 ■ c3 cs 
 
 pj "= ■- , 
 *C o ^ 
 
 p,° J 
 
 a» w J 
 
 2 ° 
 
 HO. 
 
 o 
 
 2> 
 o • 
 
 +j 4) 
 
 2S 
 3'=' 
 
 CO ^ 
 
 I— I _^ 
 
 . a 
 
 «=§ 
 
 .3 » 
 
 O) o 
 
 -d o S g 
 
 to cj • -S 
 Q..H m c3 
 
 ■ i^'^'S" 
 
 >o S 9 '2 .2 
 " m "3 .3 o 
 
 o a 3 S 
 
 ^ 5 Pi— O 
 
 O 05 
 3 M 
 
 tJ C 
 
 
 Pm 
 
 a 
 a 
 ■-3 
 
 o 
 
 c3 
 
 I^S5 
 •d p^ 
 
 o) -o 
 
 m OJ — 
 ■^ m a 
 a— a 
 
 C O! S 
 
 GJ ^ O 
 
 0&2.2 
 a p?* +^ 
 
 05 O IM 
 — (MCO 
 O] (M OJ 
 
 o a 
 
 — o 
 
 i "^ 
 
 aj Qj 
 
 05 .3^ 
 
 •2 a 
 
 CO "2 
 
 o & 
 
 . ^t-" 
 
 
 o o .^ ^ ■ 
 
 « S a g g 
 
 - 2 .S ^ 
 «^ t» ^ o ■ 
 "a o'd -d 
 
 ■a E?^ gil 
 l^tll 
 
 O OB O ft o 
 
 flS 0^ ct O rt 
 
 0) O 0) 00 OJ 
 
 gcQ g 7! 3 cj 
 
 ^ Cj 0- 
 
 ■d 
 3 
 
 ■* o o 
 
 Si 
 
 a 
 "3 
 a 
 
 -i1 
 O 
 
 o 
 
 o 
 
 o 
 
 W 
 o 
 
 o 
 
 
 a 
 
 o 
 
 p 
 
 o 
 
 ^ 
 
 lr^ 
 
 ■d 
 
 c 
 
 
 
 a 
 
 fr! 
 
 •XL 
 
 s 
 
 
 
 
 fl 
 
 W 
 
 a 
 
 1 
 
 
 ^ 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •/■ 
 
 
 
 r— ■ 
 
 
 -t-'' 
 
 
 
 ci 
 
 
 
 CJ 
 
 
 a 
 
 
 
 
 
 ^ 
 
 
 C 
 
 c3 
 
 X 
 
 
 
 
 
 it 
 
 Gvl 
 
 X 
 
 3 
 
 o 
 
 o 
 
 
 :^ 
 
 
 
 
 M 
 
 
 
 rjl 
 
 
 
 " — ' 
 
 
 
 
 q 
 d 
 
 o 
 
 o <« 
 
 ^ 
 
 ® ■fl 
 
 
 
 -— ' 
 
 
 «4-l 
 
 
 S(5 
 
 
 • +J 
 
 
 ■^ fl 
 
 o 
 
 ii 
 
 Tl 
 
 a 
 
 
 0) 
 
 i^ 
 
 s 
 
 d 
 
 OS 
 
 o 
 
 
 1 6 
 
 i^ 1 
 
 
 O 1 
 
 1 ^ 
 
 fe 1 
 
 I o 
 
 ■d 1 
 
 
 a 1 
 
 ' "^ 
 
 cS 1 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 <= '■ 
 
 
 
 1 ^ 
 
 30 
 
 ^ 1 
 
 
 
 1 * 
 
 
 1 
 
 O ' 
 
 t CO 
 
 
 1 E 
 
 ^J 1 
 
 1 r-H 
 
 1 1-1 1 
 
 T ^ 
 
 O 1 
 
 ! o 
 
 
 
 
 1 ^ 
 
 CO 1 
 
 1 A 
 
 ' ""S- 
 
 ■d, 
 
 a 
 
 
 
 0) o 
 
 B a 
 
 a -s 
 
 «i1 
 o 
 
'llKOXOI.Oi.ICAI. TAKI.K 
 
 SSSK 
 
 § 
 
 ll 
 
 a 
 
 UJ^ 
 
 Sfei 
 
 3^S 
 
 
 
 
 
 
 
 
 I5| 
 
 a .0 
 
 
 
 
 
 
 3 
 S 
 
 c 
 
 -t- — <" 
 
 
 
 
 
 Xi 
 
 
 n 
 
 ^w 
 
 
 
 
 
 
 
 
 o ^e 
 
 
 
 
 
 <<) 
 
 ^ 
 
 ^ 
 
 : vision 
 99. 3, 
 Form 
 
 
 
 
 
 
 
 . . .-2 ' 
 
 
 
 
 
 da a a 
 
 a a 5 
 
 a a d S a a 
 
 
 
 
 
 .0 00 
 
 +3 +j . "-P +J 
 
 o_^ 
 
 ja 
 •+3 -+3 +3 -; -^ . '^ 
 
 .•" H ., 
 
 
 
 
 
 5 t< 
 
 ^2Bgg 
 
 " [M 
 
 
 
 
 
 — tn cvi 
 
 
 
 
 
 t. n 
 
 000 P^ 
 
 2 •-•^ 
 
 
 
 
 
 OJ ti Sh 5 tH ^1 
 
 0) 0, <!)• 0, 0, 
 3 SX3 "ff 
 
 &&&g&^& 
 
 
 
 
 
 
 ,Q -3- 
 
 "3 T 
 
 .2 ^ 
 
 
 
 
 
 
 ■ti a d a';g 
 
 3 a d 
 
 ^fl ^fl c c3 d C 
 
 -d 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 =•2^ 
 
 ■4-> 
 0) 
 
 ■3 
 
 ■3 
 
 s 
 
 ^ 1^ ^ ^ ^ ^ 
 
 03 a 
 
 .3 .S .3 .2 .3 
 '0 '3 '3 '0 '0 
 
 GJ a> 0) <D 
 
 rt .2 .=3 & .2 ^ .2 
 
 '0 'cj *o '0 *o '0 
 
 3 -y " 
 
 
 
 
 5i 
 
 OJ 0) CJ QJ OJ 
 
 0) 0) QJ 2 "^ '1' "l^ 
 
 ? £ • 
 
 
 
 
 
 
 
 Q aaaa c. 
 
 a a n 0, 
 
 D4 0« Dj rj C^ Q4 f^ 
 
 p c 
 
 1::, ^ 
 
 
 1-^ 
 
 h? 
 
 1-^ h-l 00 M M M M 
 
 mmmmrn 
 
 mmxny^mmm 
 
 
 -d 
 
 
 
 
 
 
 |S| 
 
 n^ ^^ ^3 ^3 ^J ^3 ^3 ^J 
 
 'd 'd tS "d d 
 
 T^ fO Td rd tS fd "T! 
 
 c 
 
 ■2 
 
 m 
 
 P 
 
 0/ QJ CJ uJ uj yj 
 
 flj n; rt; rt) rt) 
 
 ■D GJ 1) O) CJ O C 
 
 ^ «■, 
 
 
 
 -t-i 
 
 -M 
 
 +J +J +J -M +-> +J 
 
 4-> -tJ -U -t_) ~tJ 
 
 +j 4j jj 4L 45 ^ +: 
 
 -(-> 4J -P -<-» -M 4-> ^-J 
 
 
 -t-> 
 
 -t-> 
 
 +j 
 
 -M +J 4J +J +J +J 
 
 a a a a a 
 
 s 
 
 '§ 
 
 s a a 'a a a a 
 
 a a a a a a s 
 
 CO 
 
 
 000000000 
 
 00000 
 
 C' 
 
 1-: 
 
 00a 
 
 O r^ o CO 
 
 ^dW a 
 
 a a> o a 
 H JO g 
 
 M 
 
 ft|„ 
 
 <D ■ 
 
 I **-• 
 
 a^ 
 
 a ^ 
 
 Oslo 
 
 coop _ - - 
 
 1^ c^ [j nj n n Dj pg J p 
 
 d a o 
 
 aj IB 
 
 ■^00 
 
 s-i a *© 
 OS a 
 
 o 
 ■an 
 
 300 
 
 cd ^ ^ 
 Ct '^ -^ 
 
 ^5 
 
 _ .0 O 
 
 ~ 3 
 ci -^ CM 
 
 .a cj 
 a '^ 
 c a d — 
 
 ■g a S o 
 
 Ssas 
 
 S^ ft 
 a M § 
 
 ;^«^o 
 
 "sol 
 
 -M 73 012 B 
 
 4) 0) a 
 
 ., a 
 r o 
 
 o B 
 
 og 
 
 =* & 
 ^o 
 
 ao 
 
 go 
 
 •S g 
 c3 a 
 Wo 
 
 ci. 
 
 a CO 
 o u 
 o o 
 
 +3 CO 
 
 1^ UU O- («J i-H ( 
 
THE 
 
 PUBLIC GENERAL ORDINANCES 
 
 OF THE 
 
 NORTH-WEST TERRITORIES 
 
 PUBLISHED BY AUTHORITY 
 
 ACTION. 
 
 iS('<' ('HOSES IN ACTION. 
 
 .ruDiCATUEj;;. 
 
 LIMITATION OF ACTIONS. 
 
 ACCIDENTS. 
 
 See COMPENSATION TO FAMILIES. 
 COMPENSATION TO WORKMEN. 
 PIBE INVESTIGATION'. 
 WORK men's COMPENSATION. 
 
 ADMINISTRATION. 
 
 /S'cf .TUDICATUEE OEDEE XLVI. 
 PrBLlC ADMINISTEATOES. 
 TRTSTEES. 
 
 ADVOCATES. 
 
 See LEGAL PEOFESSION. 
 
 AGENTS. 
 
 Bee FACTOES and agents. 
 
 AGRICULTURE. 
 
 See AGRICn.TUEAL SOCIETIES. 
 AQKK'tlLTUEE DEPAETMENT, 
 
AGKICUiTUKAL SOCIETIES 
 
 AGRICULTURAL SOCIETIES. 
 
 1903, Session 1, At! Ordinance respecting" Agricultural Societies. 
 
 19 June, 1903 [Assented to June 19, 1903.^ 
 
 THE 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 Agricultural 
 
 Societies Ordinance/' 1903 Sess. 1, c. 17, s. 1. 
 
 liSfTEEPEETATION. 
 
 Interpretation 2. In this Ordinance, unless the context otherwise requires: 
 
 1. The expression "department" means the department of 
 agriculture ; 
 
 2. The expression "commissioner" means the commissioner 
 of agriculture; 
 
 3. The expression "society" means any agricultural 
 society organised or continued under this Ordinance. 1903 
 
 Sess. 1, c." 17, s. 2. 
 
 OBJECTS OF AGEICULTUEAL SOCIETIES. 
 
 soSeties"' 3. The objects of a society shall be to encourage improve- 
 
 ment in agriculture, horticulture, arboriculture, manufactures 
 and the useful arts: 
 
 1. By holding meetings for the delivery of lectures and for 
 the discussion of subjects connected with the theory and prac- 
 tice of any of the said industries; 
 
 2. By promoting the circulation of agricultural, pastoral, 
 horticultural, arboricultural and mechanical periodicals, and 
 by the formation and maintenance of a reference library on 
 such subjects for the use of its members; 
 
 3. By importing and otherwise procuring seeds, plants and 
 animals of new or valuable kinds; 
 
 4. By holding exhibitions as hereinafter provided at which 
 prizes may be awarded for: ' 
 
 (a) Excellence in the raising or introduction of live 
 stock ; 
 
 (6) The invention or improvement of agricultural 
 machines or implements; 
 
AGBICUI/r QEAL SOCIETIES t 
 
 (c) The production, of grains and all kinds of vegetables, 
 plants, flowers and fruits, home manufactures and 
 works of art; and geiierall}^ for cxcc41eiice in any 
 agricultural production or operation; 
 
 5. By offering prizes for essays on subjects relating to agri- 
 culture, including the prevention of prairie iircs and the 
 eradication of noxious weeds; 
 
 6. By taking action to eradicate poisonous and noxious 
 weeds and to exterminate such animals as are found to injure 
 or impede agriculture; 
 
 Y. By carrying on experiments in the growing of crops, the 
 feeding of stock or any other branch of agriculture or by 
 testing any system of farming; 
 
 8. By affiliating and co-operating with associations organised 
 to improve live stock or encourage grain growing, dairying, 
 forestry or fruit growing or promote the study of plant life or 
 the destruction of injurious insects and plants. 1903 Sc^s. .1, 
 c. 17, s. 3. 
 
 4. The funds of agricultural societies howsoever derived Expendiivire 
 shall not be expended for any objects inconsistent ^vith those ° 
 authorised by this Ordinance. 
 
 (2) Such funds shall be deposited from time to time to the 
 credit of the society in a chartered bank or other bankiiu;- 
 house; and all cheques shall be signed by the president ov 
 a vice president and the treasurer or secretary treasurer of the 
 society. 1903 Sess. 1, c. 17, s. 4. 
 
 EXISTING SOCIETIES CONTI^'UED. 
 
 5. All agricultural societies established and in operation at Existing 
 the time of the coming into force of this Ordinance shall be ^""'^ "'^ 
 continued as agricultural societies under and subject to the 
 provisions of this Ordinance and the present officers of such 
 societies shall continue to hold office as such until the next 
 annual meeting of the society. 1903 Sess. 1, c. 17, s. 5. 
 
 Or.GANISATION OF SOCIETIES. 
 
 6. An agricultural society may be formed under the provi- 
 sions hereof in the following manner: 
 
 1. An application in form A in the schedule hereto and 
 containing the information indicated as required thereby shall 
 be signed by not less than fifty persons all being over eighteen 
 years of age and residents of the Territories and not being 
 members of any other agricultural society; 
 
Af.'UlCUJ.'lTKAL SOOIETIiSS 
 
 Organisation 
 
 First meetiag 
 of members 
 
 2. Every iserson signing the said application shall pay at 
 least one dollar as or as part of his first annual subscription to 
 the funds of the proposed society and such moneys shall be 
 paid to and be held by one of the subscribers in trust for the 
 society ; 
 
 3. The application shall be verified by an afiidavit of one of 
 the subscribers in the form appended to said f oi-m A ; 
 
 4. The application so verified shall be transmitted to the 
 commissioner who if he approves thereof shall declare the 
 subscribers thereto to be organised into a society under the 
 name of "The Agricultural Society," and shall 
 issue a certificate of such organisation in form B in the 
 schedule hereto and thereupon the society shall be deemed to 
 be formed and it shall be a corporation and in addition to its 
 other rights as such it shall have the ]3ower to hold real estate 
 necessary for tlio objects of the society; but any society may 
 subject to the permission of the commissioner change its name 
 at any time. 1903 Sess. 1, c. 17, s. 6. 
 
 7. As soon as practicable after the formation of the society 
 a meeting of the subscribers and of such other persons as may 
 desire to become members thereof which shall be the first 
 annual meeting of tlie socii't\' sIikII be held at the call of such 
 person as the commissioner may nominate for that purpose and 
 at such time and place aud with such prior public notice as ho 
 may direct. 1903 Sess. 1, e. IT, s. 7. 
 
 Report to be 
 sent to 
 department 
 
 8. A report of the said meeting certified l\v the president 
 and secretary which shall contain a statement of the number 
 of members and a, list of the officers elected and appointed shall 
 be sent by the secretary tu the department within one week 
 after the meeting. 1903 Sess. 1, e. 17, s. S. 
 
 MEMBEKSnil'. 
 
 riigibi"e^ior ^' '^^-^ person who would have been qualified to sign an 
 
 inemberahip ajjplication for the formation of a society may become a mem- 
 ber thereof at any time on payment to the treasurer of a 
 membership fee of not less than one dollar. 
 
 (2) Payment of the said fee shall entitle the person paying 
 it to the privileges i>f membersliiy> for the yeai' for which it is 
 paid. 
 
 (3) At the time of payment of his membership fee every 
 member shall give to the treasurer the post office address to 
 
 ■^Tilch all notices oi meetings aud other notices shall be sent, 
 
AGfaoULTllEAl, SOCIETIES 5 
 
 (4) Subject to tli(j bylaws of the society a tirm or an iucor- 
 porated company may become a member of any society by the 
 ]iayment of the regular fee; but the name of one person only 
 shall ill any one year be entered ;is the represisntative or agent 
 of such firm or companj- and that person only shall exercise 
 the privileges of membership in tlie society. 1903 Sess. 1, 
 V. 17, s. '.). 
 
 ^SIII'EK.IXTENDICNT OF KAIL'S. 
 
 • <>• Tlie commissioner may from tiim^ to time appoini a 2^*f^|g^ i^j. 
 superintendent of fairs and institules and such other oilicers as '"'™™*''^*''"«'' 
 may be required to carry out the provisions of this Ordinance 
 and may appoint an, inspector to examine the books and 
 accoimts of any society and may confer on him any or all of 
 the powers which may be conferred on a commissioner 
 appointed under the provisions of An Orditiance respecting 
 Inquiries Conceriiiny Public Matters. 1903 Sess. 1, c. 17, 
 s. 10. 
 
 , OTFIGEKS OF SOCIETT. 
 
 11. The officers of the society shall consist of a ^'resident '^^^''^ 
 and two vice presidents who shall be ex officio directors and 
 nine, twelve or fifteen additional elected directors as may be 
 determined by the society, a secretary and a treasurer or a 
 secretary treasurer and two auditors. 1903 Sess. 1, c. 17, 
 s. 11. 
 
 13. The persons qualified to vote for officers or to be elected ?"^,ofe'^,'^^°" 
 shall be only those members who have paid their membership ''■"'' officers 
 foe for the year in Avhich the election is held. 1903 Sess. 1, 
 
 c. 17, s. 12" 
 
 ' " 13. At the first annual meeting all of the officers except the officers to be 
 
 filGCbGa. sll first 
 
 secretarv and the treasurer or the secretary treasurer shall be annual 
 
 „ _ „ meeting 
 
 rlected by ballot. 1903 Sess. 1, c. 17, s. 13. 
 
 14. The president, vice presidents, directors and auditors Term of^offlce 
 elected at the first or any subsequent annual meeting shall eiected^at first 
 hold office until the next following annual meeting. 1903 
 
 Sess. 1, c. 17, s. 14. 
 
 15. The board of directors may from time to time appoint Secretarj- 
 
 " , treasurer 
 
 a secretary and a treasurer or a secretary treasurer wiio may 
 be a director or directors and who shall hold office during 
 pleasaire. 1903 Sess. 1, e. 17, s. 15. 
 
 16. The treasurer or secretary treasurer of every society Se™j^'g.'o i^e 
 before entering upon the duties of his office and within one ''■"asurer 
 
AGBICULTUBAL SOCIETIES. 
 
 month after liis appointment shall give such security as the 
 hoard of directors may deem necessary for the faithful 
 jierformance of his duties including the due accounting for and 
 payment over of all moneys which may come into his hands; 
 and it shall be the duty of the directors to inquire into the 
 suihciency of such security and to report thereon to the 
 department forthwith after its completion. 
 
 (2) l\o grant shall be paid to any society under this 
 Ordinance unless and u.ntil the directors shall have reported 
 that the security of the treasurer or secretary treasui'er has 
 been approved by them. .1903 Sess. 1, c. 17, s. 16. 
 
 Vacancy in 
 office 
 
 l"?. In the event of an officer of an agricultural society 
 dying or resigning office or in any other way vacating his 
 office during the period for which he has been elected the 
 board of directors shall appoint an eligible person to fill the 
 office for the unexpired term of the person so vacating office. 
 1903 Sess. 1, c. 17, s. 17. 
 
 Commissioner 18. If at aiiv time there shall be no officers of a society or 
 
 may call ■' m i i i 
 
 meetings, etc., if there is an insufficient number of officers and they do not 
 
 in certain . •' 
 
 cases act the commissioner may authorise any person to call a 
 
 meeting of the society for any purpose or to take such other 
 action as the commissioner may deem proper in the interests 
 of the society. 1903 Sess. 1, c. 17, s. 18. 
 
 MEETINGS OE SOCIETY. 
 
 Anniiai 19. Every agricultural society shall hold an. annual meeting 
 
 society within the first ten days of the month of December in each 
 
 year at such time and place as may be decided on by the 
 board of directors. 1903 Sess. 1, c. 17, s. 19. 
 
 Notice of 
 
 annual 
 
 meeting 
 
 30. At least two weeks' previous notice of the time and 
 place of holding an annual or other meeting of a society shall 
 be given by the secretary by written or printed notice mailed 
 to each member of the society and such additional notice as 
 the directors may decide. 1903 Sess. 1, c. 17, s. 20. 
 
 Substituted 
 meeting 
 
 31. In case any society shall through any cause fail to 
 hold its annual meeting within the time appointed the com- 
 missioner may appoint a time for holding the same and the 
 meeting shall be called b}- the secretary or by some person 
 appointed for that purpose by the commissioner in the same 
 way as the regular annual meeting and this meeting shall in 
 all particulars be taken as the annual meeting of the society, 
 1903 Sess. 1, c. 17, s. 21. 
 
AGEICULTUEAI, SOCIETIES 
 
 33. The following shall be the order of business at annual ^usiu'oss 
 meetings of agricultural societies: 
 
 1. Reading minutes of previous meeting; 
 
 2. Addresses and reports of officers; 
 
 3. Reports of committees ; 
 
 4. Unfinished business; 
 
 5. New business ; 
 
 6. Addresses and disciissions ; 
 
 7. Election of officers ; 
 
 8. Adjournment. 1903 Sess. 1, c. 17, s. 22. 
 
 33. The board of directors shall at the annual meeting f^jP'^''^^j°' 
 present : directors 
 
 (a) A report of their proceedings for the year with such 
 remarks and suggestions upon the state of agricul- 
 tural development in the district as they may see fit 
 to offer; 
 
 (h) A statement showing the name, occupation and post 
 office address of each member with the amount of his 
 subscription to the society for the year opposite the 
 name ; 
 
 (c) A detailed statement of the receipts and expenditure 
 of the society for the current financial year certified 
 by the auditors ; 
 
 (d) A statement of the assets and liabilities of the society 
 certified by the auditors ; 
 
 (e) A statement showing the amount offered and also the '"■' 
 amount actually paid in prizes for each kind of live 
 stock, agricultural and domestic products, manufac- 
 tured articles or other objects respectively and the 
 number of entries in each class; 
 
 (/) A report of each meeting held for the discussion of 
 agricultural subjects giving the names of the speak- 
 ers, the subjects of their addresses and the number 
 of the persons present ; 
 
 (g) A report upon any co-operative agricultural experi- 
 ments carried out under the instructions of the 
 department during the year. 1903 Sess. 1, c. 17, 
 s. 23. 
 
 34. Meetings of the society other than the annual meeting other^^^ 
 may be held at any time that the board of directors may 
 determine. 1903 Sess. 1, c. 17, s. 24. 
 
AGRICDLTUBAL SOCIETIES 
 
 Directors' 
 meetings 
 
 Quorum 
 
 MEETINGS OF IJIREn'I'OBS. 
 
 35. Directors' meetings sJuill be IiuIlI upon written notice 
 mailed by the secret a ]-y to each officer under instructions from 
 the president or in his absence from a vice president at least 
 ten days before the day appointed for such meeting. 1903 
 SoRs. 1, c. 17, s. 2.^. 
 
 QUOEDM. 
 
 36.- Ten members shall constitute a quormn at a meeting 
 of the society and five diredoi's at a meeting of the directors. 
 1903 Sess. 1, c. 17, s. 26. 
 
 KE'iTRNS. 
 
 Reports, etc., 
 to be 
 
 31. A list of the officers elected at the annual meeting and 
 transmitted a copy or Summary of each report and statement presented 
 epar men ^-j^^j.^^^ shall be tr;^n!^mitted to the department by the secretary 
 upon the forms provided for the purpose on or before the 
 twenty-third day of December in each year and in case these 
 particulai's are not fransiuitted from auy agricultural society 
 within this date it shall not recei^'e any portion of any Terri- 
 torial legislative grant unless the commissioner is satisfied by 
 the explanations given that such delay Avas unavoidable or 
 inadvertent in which case he may pay the grant which such 
 society would be entitled to after deducting the sum of five 
 dollars for each week of such delay. 1903 Sess. 1, c. 17, s. 27. 
 
 Bylaws and 
 regulations 
 
 BYLAWS. 
 
 38. The members of each society may at an annual meet- 
 ing or at a special meeting called for that purpose make, 
 alter and repeal bylaws and regulations for the general 
 management of the society and subject to such bylaws the 
 board of directors shall have full power to act for and on 
 behalf of the society and all grants and other funds of the 
 society shall be received and expended under their direction. 
 
 (2) A copy of such bylaws and regulations shall be forth- 
 with transmitted by the society to the department. 1903 Sess. 
 1, c. 17, s. 28. 
 
 REAL ESTATE. 
 
 Disposal of 
 lands 
 
 39. The directors shall not sell, mortgage, lease for over a 
 year or otherwise dispose of any real property owned by the 
 society unless authorised to do so at a special meeting of the 
 society called for the purpose of which at least a month's 
 notice shall be given in the manner provided for calling such 
 meetings. 
 
AGEICULTUBAL SOCIEtlES 
 
 (2) The notice calling such special meeting shall state the 
 object for which the meeting is called. 19(>;'. Sess. 1, c. 17, 
 s. 2,9. 
 
 EXHIBITIONS. 
 
 30. An exhibition may be held by any agricultural society, Exhibitions 
 board of management or any company organised for the pur- 
 pose at such time and place as may be decided upon by the 
 directors at a meeting called for that purpose. 1903 Sess. 1, 
 
 c. 17, s. 30. 
 
 31. If a society, board of management or any company Pri?e list 
 organised for the purpose shall propose to hold an exhibition commisgioner 
 at which prizes are to be awarded the prize list shall be sent 
 
 to the coimnissioner at least six ^veeks before the date upon 
 which the exhibition is to be held. 1903 Sess. 1, c. 17, s. 31. 
 
 33. Two or more societies may by agreement between their Unjonof 
 
 . ... societies ior 
 
 respective boards of directors unite their funds or auv portion *>°i'ii.°B 
 
 , ■ ' exhibitions 
 
 thereof for the purpose of holding a joint agricultural or live 
 stock exhibition. 
 
 (2) In the case of such amalgamation the directors of the ■^oi"' ^°a'"'i o* 
 
 . ■^ . . . ° management 
 
 said societies or delegates appointed for such purpose liy each 
 board of directors shall' meet and shall elect from among tlieir 
 niunber a president and first and second vice presidents, a 
 secretary treasurer and at least eight persons who with 
 the officers so elected shall be a board of management and 
 shall have the charge and management of the exhibition so to 
 be held. 
 
 (3) The directors or delegates and members of the board of Directors 
 management shall at all meetings have the right to vote in 
 person or by proxy. 
 
 (4) One or more auditors shall be appointed at the meeting Auditors of 
 of the directors or delegates to examine and report on the 
 accounts of such board of management and such report shall 
 
 be presented b}^ the directors of each society taking part in the 
 joint exhibition at the next annual meeting of their society. 
 1903 Sess. 1, c. 17, s. 32. 
 
 GHAJVTS. 
 
 33. There may be paid out of nny moneys apjiropriatedP«'|ment 
 by the Legislative Assembly foj- the aid of agricultural 
 societies an amount to be calculated as follows : 
 
10 AiiKIC'UI,T[ U.VL SO(.:IETIBS 
 
 1. To each society whose membership is shown to include at 
 least fifty members who have paid their fees up to the date of 
 the annual meetino- which has held during the preceding year 
 at least t^^■o meetings as provided in clause 1 of section 3 of 
 this Ordinance, the sum of one dollar for each paid up member 
 up to 150; 
 
 3. To each society which has cLuring the preceding year 
 undertaken co-operative agricultural experiments under the 
 direction of the department, filed the returns required and 
 complied with the instructions furnished in connection there- 
 with, the sum of $5 for each experiment selected and carried 
 out; 
 
 ;]. To each societ_y holding an exhibition and to any 
 incorporated company or board of management of a joint 
 exhibition holding an exhibition and filing, in the department 
 on or before the twenty-third day of December following a 
 return furnishing in respect of such exhibition the same infor- 
 mation as is required of a society liy clauses (c,) (d) and (e) 
 of section 25, whoso total expenditure for prizes at such 
 exhibition exceeds $250 an amount equal to sixty-six and two- 
 thirds per cent, of the amount actually j)aid out for such 
 prizes, but not exceeding the sum of $1,000: Provided that 
 the commissioner may withhold payment in respect to any 
 prize offered which in his opinion is not calculated to promote 
 the legitimate objects of an agricultural exhibition; and pro- 
 vided also that no incorporated company that permits voting 
 by proxy or allows more than one vote to be exercised by each 
 shareholder irrespective of the number of shares owned or 
 controlled liv such shareholder shall be entitled to any grant 
 under this clause. 
 
 (2) In case the amount of the appropriation available shall 
 not be sufficient to pay the total amount of the grants which 
 would be payable under this section then such amoxmt may be 
 apportioned between those entitled fyro rata on the same basis. 
 1903 Sess. 1, 0. 17, s. 33. 
 
 DISOEOAXISATIOX OF SOCIETIES. 
 
 Sr''d?lor"fnis ^^' ^^^ ^^^'^ e^'eut of its appearing ad\-isable that any society 
 societies ^''^ disorganised tlie commissioner may order and declavre that 
 on and after a day to be named hy him such society shall be 
 disorganised and tliereupon the same shall cease to exist- and 
 the officers thereof shall cease to hold office. 1903 Sess. 1, 
 c. 17, s. 34. 
 
ACJlMCULTLillAL SOCIE'L'IES 11 
 
 35. Upon tlie disorganisation of any society the commis- Commiasion- 
 sioner may appoint a liquidator or liquidators to adjust and s^tiement of 
 settle tlie assets and liabilities of such society and such liqui- organisation 
 dator or liquidators so appointed shall have full power and 
 authority to sell and dispose of and convert into money all the 
 
 assets and property of such society and shall apply the same 
 so far as the same will extend ; first, in pajinent of his or their 
 remuneration to be fixed by the commissioner; and secondly, 
 in payment of the liabilities of the society ; and the surplus, if 
 any, shall be paid into the general revenue fund of the Terri- 
 tories. 1903 Sess. 1, c. 17, s. 35. 
 
 36. The Lieutenant Governor in Council may make regu- Regulations 
 lations for the guidance of agricultural societies not inconsist- Governor in 
 ent with the provisions of this Ordinance respecting the man- 
 ner in which their official books and records are to be kept 
 
 and governing the conduct and management of agricultural 
 institute meetings, exhibitions and any other undertakings 
 such societies are authorised to engage in. 
 
 (2) Any society that fails to carry out such regulations 
 shall not be entitled to participate in any appropriation in aid 
 of agricultural societies provided by the Legislative Assembly. 
 1903 Sess. 1, c. 17, s..36. 
 
 37. Chapter 14 of the Ordinances of 1899 and chapter 21 Repeal 
 of the Ordinances of 1900 are hereby repealed. 1903 Sess. 
 
 1, c. 17, s. 37. 
 
 SCHEDULE. 
 
 FOEM A. 
 
 APPLICATIOK FOE FOEMATION OF SOCIETY. 
 
 To the Commissioner of Agriculture of the jSTorth-V/est 
 Territories. 
 We the undersigned hereby apply to be formed into an 
 agricultural society under the provisions of The Agricultural 
 Societies Ordinance. 
 
 The proposed name of the society is "The 
 Agricultural Society." 
 
 The proposed chief place of business of the society is at 
 
 in the ISTorth-West Territories. 
 
 And the undersig-ned, each as to himself, says : 
 
 1. That he is over eighteen years of age; 
 
12 
 
 ADlilCULTUKAL SOCI RTIES 
 
 li. That liij is :i rcsidoiit of flie N'oi'f.h-Wc'.sl, Terrilorifs; 
 
 '■J. That he is uol a uicmbuv of any uther agi'icultural 
 society ; 
 
 4. That lic has Hubscribcil tu fhe funds of the society the 
 sum set opposite his iiainc in the fourth column hereunder and 
 that he has paid to said finids the shut sot opposite his name in 
 tlu' fourth column hfivunder. 
 
 Dated at this day of A. D. 1 
 
 ; ^ Post Office 
 
 Signature Occupation 
 
 Addbkss 
 
 Amount 
 
 AFFIDAVIT VEEIFYI.NO AI'J'J^IGATIOjS". 
 
 Cauiiila. ] I, 
 
 Nor^ll-^^'est Territories. - ' 
 To wit: ] '^^ 
 
 in the ]SI"orth-Wcst Territories, make oath and say: 
 
 1. I am one of the subscribers to the foregoing (or annexed) 
 application ; 
 
 2> I verily believe that the statements made in the said 
 application by each of said applicants are true; 
 
 o. The sum of dollars, being the total sum 
 
 paid by said applicants towards the funds of the proposed 
 
 Agricultural Society is now held by 
 in trust for said society. 
 Sworn to before me at 
 in the I^orth-A\'est Territories 
 this day of 
 
 A. T>. 1 J ,(Signaturc.) 
 
 A in and for Hip. X.W.T. 
 
 1903 Sess. 1, c. 17, Form A. 
 
 FORM B. 
 
 The XoRTII-WeST TEnEITOKIKS. 
 
 The Aiji-icitliural Socirlie.s Ordimuice. 
 
 This is to certify that on the 
 ^^'■^y of A.D. 1 , application was made 
 
 to the Commissioner of Agriculture for the North-West Ter- 
 
ritories by (here set out names and addresses of applicants) 
 for the forniation of an agricultural society under the pro- 
 visions of Tlte Agricnltural Societies Ordinance, to be known 
 as The Agricultural Society and to have its 
 
 chief place of business at in the said 
 
 Territories and the requirements of the said Ordinance m to 
 matters preliminary having been complied with it is hereby 
 declared that the said agricultural sociot}- has been this day 
 organised' under the name of The 
 
 iVgricultural Society and having its chief place of business as 
 aforesaid and subject in all respects to the provisions of tho 
 said Ordinance. 
 
 Dated at Eegina this day of 
 
 A.D. 1 
 
 Commissioner of Agriadture. 
 1903 Spss. 1, c. IT, Form V>. 
 
 AGRICULTURE DEPARTMENT. 
 
 An Ordinance respecting the Department of FsMarei?,'™ 
 Agriculture. 
 
 THK Lieutenant Governor by and willi the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 SilOKT TITLE. 
 
 1- This Ordinance may be cited as "TJic Agricidlui'e Shoriune 
 Department Ordinance." C. O. 8, s. 1. 
 
 OKU.UVISATION, (iKKtOEliS ANJJ ifUNCTIONS OK OKfAKTM I'^NT. 
 
 2. There shall be a departuieul of the public service of the organisation 
 Territories to be called the ilei)artiJient of agriculture over 
 
 \\liich the member of the Executive C'(juucil appointed by the 
 Lieutenant Governor under the seal of the Territories to dis- ^f"'"""^"'""'^' 
 ell urge the functions of the conimissionei- of agriculture for ■*-snciiitiiro 
 the time being shall preside. C. O. 8, s. 2. 
 
 3. All that part of the admiuist ration of the g(.\'erument of J™^'^^,^'e°[ 
 the Territories which relates to agriculture, statistics and 
 
 the public health (including hospitals) shall lie under the 
 control of the department. ('. O. S, s. ;l. 
 
 4. The Lieutenant Governor may at any time appoint such officers and 
 other officers, clerks or servants as may be required to carry 
 
14 
 
 Duties of 
 department 
 
 f 
 DDPABTMEMT OF AGBICULTUETS 
 
 on the business of the department all of ' whom shall hold 
 office during pleasure. 0. O. 8, s. 4. 
 
 '5. It shall be the duty of the department to institute in- 
 quiries and collect facts and statistics relating to agricultural, 
 manufacturing or other interests of the Territories; and to' 
 adopt measures for circulating and disseminating the same 
 in su.ch manner and form as may be found best adapted to 
 promote the progress of the Territories ; and to see to the obser- 
 vance and execution of the provisions contained in all Ordin- 
 ances relating to agriculture, statistics and public health. 
 C. O. 8, s. 5. 
 
 Annual 
 report 
 
 6. A report of the Avork of the department shall be pre- 
 pared yearly and laid on the table of the Legislative Assembly 
 within fifteen days after the commencement of the next ensu- 
 ing session thereof; and it shall be the duty of the depart- 
 ment from time to time to issue such reports, circulars and 
 other publications as the minister may deem advisable. C. 0. 
 8, s. 6. 
 
 required to ^' -^^H officers of all agricultural societies, mimicipal coun- 
 
 information cils, villages, local improvement districts, school boards, public 
 to department institutions, incorporated companies and all iDublic officers 
 of the Territories and all medical practitioners and veterinary- 
 surgeons shall promptly answer all communications from the 
 department; and shall from time to time collect and tabulate 
 facts according to instructions to be furnished them from the 
 department; and shall make diligent efforts to supply correct 
 information on all questions submitted to them ; and any such 
 person neglecting or refusing to comply with the aforesaid 
 provisions of this section (when requested to so comply by the 
 minister) shall be guilty of an offence and on summary con- 
 viction thereof before a justice of the peace be liable to a 
 penalty not exceeding $25. C. 0. 8, s. 7. 
 
 AID TO HOSPITALS. 
 
 See riospiTALS. 
 
AKBITKATIO.X ^'^ 
 
 ALIMONY. 
 
 An Ordinance respecting Alimony. ikh March, "* 
 
 isng 
 
 TPIE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 !• The Supreme Court of the ISTorth-West Territories shall Jurisdiction of 
 
 , . . , . . , . . - , -, , , the Supreme 
 
 have lurisdiction to a;rant aiimonv to any wite who would be Court of the 
 
 I' 1/ TerritoriGs 
 
 entitled to alimony by the law of England or to any wife who in aumony 
 would be entitled by the law of England to a divorce and to 
 alimony as incident theretci or t(_) any wife whose husband 
 lives separate from her without any sufficient cause and under 
 circumstances which would entitle her by the law of England 
 to a decree for restitution of conjugal rights; and alimony 
 when granted shall continue lurtil the further order of the 
 court. C. O. 2,9, s. 1. ' 
 
 ANIMALS. 
 
 See BKANDS. 
 
 ENTIRE ANIMAXS. 
 
 GAME. 
 
 HEBDIIfU OE AKIJIALS. 
 
 HOESE BREEDERS. 
 
 ISSPECING OE STOCK. 
 
 POUJSTD DISTRICTS. 
 
 PEOTBCTIOJ; OE ANIMALS ERCM. DOGS. 
 
 STOCK lA" JURED BY RAILWAY TRAi:>iS. 
 
 STRAA- AN'IMALS. 
 
 ARBITRATION. 
 
 An Ordinance respecting Arbitration. SthSbh, ^' 
 
 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative .Vssembly of the Territories 
 enacts as follows : 
 
 SHORT TITLE. ' 
 
 1. This Ordinance may be cited as "The Arbitration Or- short title 
 dincmce." C. O. 35, s. 1. 
 
 INTERPRETATION. 
 
 2. In this Ordinaiiee unless the contrary intention appears: interpretation 
 
16 
 
 AUlilTliATIOX 
 
 SiibraisBion |_ "Submission" nieaus :i \\rilteii agreement to submit pre- 
 sent or future differences lo arlntration whether an arbitrator 
 is named therein or not ; 
 
 ■2. "Court" means the Supreme Court of the ISTorth-West 
 Territories ; 
 
 3. "Judge" means a judge of the Supreme Court of the 
 Xorth-West Territories ; 
 
 ■i. "Eules of Court" means the rules of the Supreme Court 
 of the Xorth-West Territories. C. O. 35, s. 2. 
 
 ' Court 
 
 " Judge ' 
 
 " Rules of 
 court " 
 
 BEFEEEJfCES BY CONSENT OUT OF COURT. 
 
 Effect of 
 submission 
 
 3. A submission unless a contrary intention is expressed 
 therein shall be irrevocable except L^' leave of the court or a 
 judge and shall hav(> the same ctt'ect in all resjjects as if it 
 had been made an order of court. C. O. 3!"), s. 3. 
 
 Subini3.sion 
 includes 
 
 -t. A submission unless a contrary intention is expressed 
 schedule"*'" therein shall be deemed to include the provisions set forth in 
 the schedule to this Ordinance so far as they are applicable to 
 the reference under siibmission. C. O. 35, s. 4. 
 
 stay of 
 proceedingsi 
 
 •'>• If any party tu a submission or any person claiming 
 thi'ough or imder him couiujciiees any legal proceedings in 
 any court against any other party to the s^lbmission or any 
 person claiming through or under him in respect to any mat- 
 ter agreed to be referred any party to such legal proceedings 
 niay at any time after aj^pearance and before delivering any 
 |ileadings (.n- taking an\' other steps in the proceedings apply 
 to that court to sta^' the jjroceedings ; and that court oi- a judge 
 thereof if satisfied that there is no sufficient reason why the 
 matter should not be referred in accordance with the submis- 
 sion and that the applicant was at the time when the proceed- 
 ings weiv conunenced and still remains ready and willing to 
 do all things neeessarx- to the ])roper conduct of the arbitra- 
 tion may make an order staving the ])roreedinas. C, 0. 35, 
 s. 5. ' 
 
 Appointment 
 of arbitrator 
 in certain 
 
 cases 
 
 a. In anv of the full 
 
 cases : 
 
 (a) Where a suljmission provides that a reference shall 
 be to a single arbitrator and all the parties do not 
 after differences concur in the appointment o'f an 
 
 ailitrutiir; 
 
ARBITRATION 1 7 
 
 (b) If an arbitrator refuses to act or is incapable of 
 acting or dies and the submission does not show that 
 it was intended that the vacancy should not be sup- 
 plied and the parties do not supply the vacamy; 
 
 (c) Where the parties or two arbitrators are at liberl:y 
 to appoint an umpire or third arbitrator and do 
 not appoint him; 
 
 (d) Where an appointed umpire or arbitrator refuses to 
 act or is incapable of acting or dies and the sub- 
 mission does not show that it was intended that the 
 vacancy should not be supplied and the parties or 
 arbitrators do not supply the vacancy; 
 
 any party may serve the other parties or the arbitrators as 
 the case may be with a written notice to appoint an arbitrator, 
 umpire or third arbitrator ; if the appointment is not made 
 within seven clear days afier the service of the notice the 
 court or a judge may on application by the party who gave 
 the notice appoint an arbitrator, umpire or third arbitrator 
 who shall have the like powers to act in the reference and 
 make an award 'as if he had been appointed by consent of 
 all parties. C. O. 35, s. 6. 
 
 7. Where a submission provides that the reference shall be Appointment 
 
 '■ , or arbitrators, 
 
 to two arbitrators one to be appointed by each party then wher^ two 
 unless the submission expresses a contrary intention: 
 
 1. If either of the appointed arbitrators refuses to act or is 
 incapable of acting or dies the party who appointed him may 
 appoint a new arbitrator in his place; 
 
 2. If on such a reference one party fails to appoint an arbi- 
 trator either originally or by way of substitution as aforesaid 
 for seven clear days after the other party having appointed 
 his arbitrator has served the party making default with notice 
 to make the appointment the party who has appointed an 
 arbitrator may appoint that arbitrator to act as sole arbitrator 
 in the reference and his award shall be binding on both parties 
 as if he had been appointed by consent : 
 
 Provided that the court or a judge may set aside any 
 appointment made in pursuance of this section. 0. O. 35, s. 7. 
 
 8. The arbitrators or umpire acting under a submission Pow^^^j"^ 
 shall imless the submission expresses a contrary intention have 
 power : 
 
 1. To administer oaths to or take the affirmations of the 
 parties and witnesses appearing; and 
 2a 
 
18 ARBITRATION 
 
 2. To state an award as to the whole or part thereof in the 
 form of a special case for the opinion of the court ; and 
 
 3. To correct in an award any clerical mistake or error 
 arising from any accidental slip or omission. C. 0. 35, s. 8. 
 
 o"w™ne8sef 9. For the purpose of procuring the attendance of a witness 
 at an arbitration any party to a submission may sue out a 
 writ of subpcEna ad testificandum or a writ of subpoena duces 
 tecum but no person shall be compelled under any such writ 
 to produce any docimient which he could not be compelled to 
 produce on the trial of an action. 
 
 (2) Such writs may be obtained from any clerk of the 
 court or deput}- clerk of the court on payment of the fees 
 2irescribed in Tlie Judicature Ordinance. C. O. 35, s. 9. 
 
 Enlargement 10. The time for making an 'award may from time to time 
 award be enlarged by order of the court or a judge whether the time 
 
 for making an award has expired or not. C. 0. 35, s. 10. 
 
 Uon*'by''^*™" ^^' ^^ ^ cascs of reference to arbitration the court or a 
 arbitrator judge may from time to time remit the matters referred or 
 
 any of them to the reconsideration of the arbitrators or 
 
 umpire. 
 
 (2) Where an award is remitted the arbitrators or umpire 
 shall unless the order otherwise directs make their award 
 within six weeks after the jdate of the order. C. O. 35, s. 11. 
 
 Stoats'* °* 1^' Where an arbitrator or umpire has misconducted him- 
 self the court or a judge niay remove him. 
 
 fward^*'"^" (3) Where an arbitrator or umpire has misconducted him- 
 self or an arbitration or award has been improperly procured 
 the court may set the award aside . C. 0. 35, s. 12. 
 
 of"award"'^" l^- An award on a submission may by leave of the court 
 or a judge be enforced in the same manner as a judgment or 
 (•rder to the same effect. C. 0. 35, s. 13. 
 
 GEi\ER.\L. 
 
 witness^'before ^*- '^^^^ court (ir a judge may order that a writ of subpoena 
 
 arbtoator "''^ testificandum or of subpoena duces tecum shall issue to 
 
 compel the attendance before an official or special referee or 
 
 before any arbitrator or umpire of a witness wherever he may 
 
 be within the Territories. 
 
AKBITKATION 19 
 
 (2) The court or a judge may also order that a writ of 
 habeas corpus ad testificandum shall issue to bring up a 
 prisoner for examination before an official or special referee 
 or before any arbitrator or umpire. ('. 0. 35, s. 14. 
 
 case 
 
 15. Any referee, arbitrator or umpire may at any stage of |f/,j'^J,f^n 
 the proceedings under a reference and shall if so directed by"'"""'^'^ 
 the court or a judge state in the form of a special case for 
 
 the opinion of the court any question of law arising in the 
 course of the reference. C. O. 35, s. 15. 
 
 16. Any order made imder this Ordinance may be made Costs 
 on such terms as to costs or otherwise as the authority making 
 the order thinks just. C. O. 35, s. 16. 
 
 17. Whenever it is directed by any Ordinance that any Directions for 
 
 , ,, , , . „ , . arbitration to 
 
 party or parties shall proceed to the appointment of arbi- be deemed 
 
 ,. • ., l./-^^. submission 
 
 trators or appoint arbitrators as provided by tins Ordinance 
 or that any party or parties shall proceed to arbitration under 
 this Ordinance or any similar direction shall be made with 
 respect to arbitration under this Ordinance such direction 
 shall be deemed a submission. C. O. 35, s. 17. 
 
 SCHEDULE. 
 (a) If no other mode of reference is provided the reference '''"gie ^ 
 
 ^ ■' _ _ '^ arbitrator 
 
 shall be to a single arbitrator. 
 
 {h) If the reference is to two arbitrators the two arbitra- Umpire 
 tors may appoint an umpire at any time within the period 
 during which they have power to make an award. 
 
 (c) The arbitrators shall make their award in writing Time and 
 
 ^ '' ^ f ji rnannerof 
 
 within six weeks after entering on the reference or after award 
 having been called on to act by notice in writing from any 
 party to the submission or on or before any later day to 
 which the arbitrators by any writing signed by them may 
 from time to time enjarge the time for making the award. 
 
 {dy If the arbitrators have allowed their time or extended ^oUgr^e'^Sng 
 time to expire without making an award or have delivered to "™p"'« '" "■"'' 
 any party to the submission or to the umpire a notice in w-ril- 
 ing stating that they cannot agree the umpire may forthwith 
 enter on the reference in lieu of the arbitrators. 
 
 (e) The umpire shall make his award within one month Time^f^ 
 after the original or extended time appointed for making the <^^^^^ 
 
20 
 
 ASSESSMENT OF RAILWAYS 
 
 Examination 
 of parties 
 
 Prortuotioii 
 of papers 
 
 Oath or 
 afliruiation 
 
 Finality of 
 award 
 
 Costs of 
 reference 
 
 award of the arbitrators has expired or on or before any later 
 day to which the umpire by any writing signed by him may, 
 from time to time enlarge the time for making his award. 
 
 (/) The parties to the reference and all persons claiming 
 through them respectively shall subject to any legal objection 
 submit to be examined by the arbitrators or umpire on oath 
 or affirmation in relation to the matters in dispute and shall 
 subject as aforesaid produce before the arbitrators or umpire 
 all books, deeds, papers, accounts, writings and documents 
 within their possession or power respectively which may be 
 required or called for and do all other things which during 
 the proceedings on the reference the arbitrators or umpire 
 may require. 
 
 ((/) The witnesses on the reference shall if the arbitrators 
 or umpire think fit be examined on oath or ■ affirmation. 
 
 (h) The award to be made by the umpire or arbitrators 
 shall be final and binding on the parties and the persons 
 claiming under them respectively. 
 
 (i) The costs of the reference and award shall be in the 
 discretion of the arbitrators or umpire who may direct to 
 and by whom and in what manner the costs or' any part 
 thereof shall be paid and may tax or settle the amount of 
 costs to be so paid or any part thereof. C. O. 35, Schedule. 
 
 ASSESSMENT. 
 
 See ASSESSMENT OF EAILWAYS. 
 lEElGATION DISTEICTS. 
 LOCAL IMPEOVEMENT. 
 MUNICIPAL. 
 SCHOOL. 
 VILLAGE. 
 
 ASSESSMENT OF RAILWAYS. 
 
 c.0.1898, c.n An Ordinance respecting Assessment of Railways. 
 
 15th March, i. <j j 
 
 1899 
 
 \HE Lieutenant Governor bv and with the advice and 
 
 T 
 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 ^t™mi„t "'"• Every railway company whose railway is not exempt 
 
 company to ^^°™ taxation shall annually transmit on or before the first 
 
 an'd"RXof'' ^^^ °^ February to the secretary treasurer of every munici- 
 
 distriot pality and to the secretary or other officer of every public 
 
ASSESSMENT OF RAILWAYS 21 
 
 school district through which the company's railway may run 
 a. statement to be signed by some authorised official of the 
 company showing: 
 
 1. The quantity of land other than the roadway owned or 
 occupied by the company which is liable to assessment; 
 
 2. The quantity of the land occupied by the roadway. C. 
 O. 71, s. 1. 
 
 3. The secretary treasurer of such municipality or the Lands to be 
 
 J. , , 1 , . . . ■; . assessed 
 
 secretary oi the school district as the case may be shall com- 
 municate such statement to the assessor of the municipality 
 or school district as the case may be who shall assess the 
 lands described therein as other lands within the municipality 
 or school district and who shall deliver at or transmit by post 
 to the nearest station or office of the company a notice 
 addressed to such company stating the amounts at which the 
 land of such company and the roadway and superstructure 
 have been assessed. C. O. 71, s. 2,. 
 
 3. Whether such statement in section 1 of this Ordinance Roadway 
 is placed in the hands of the assessor of any such municipality sS-ucture 
 or school district or not the assessor of every municipality qj. *^*'®''^"'®" 
 school district as the case may be shall assess the lands of 
 
 such railway company and the roadway thereof and the super- 
 structure of such roadway and give such notice as is required 
 by section 2 hereof: 
 
 Provided that the roadway and superstructure thereon shall 
 not be assessed at a greater value than $1,000 per mile. C. 
 0. 71, s. 3. 
 
 4. Such taxes shall be payable to the municipality or school ^j^Jl^^^fg^"" 
 district as the case may be making such assessment and shall 
 
 be collectable in the same manner as other taxes. C. 0. 71, s. 4. 
 
 5. Kailway companies shall not be liable for assessment in Exemption 
 any school district or municipality in the Territories for the 
 payment of any debenture indebtedness existing on the thirty- 
 first day of December, 1892. C. O. 71, s. 5. 
 
 ASSEMBLY. 
 
 See ELECTIONS. 
 
 COJSTTEOVEETBD ELECTIONS. 
 LEGISLATIVE ASSEMBLT. 
 
•22 ATlOHNEV general's DEPARTMENT 
 
 ASSIGNMENTS. 
 
 St'C ASSIGNMENTS FOE CEEDITOKS. 
 UHOSES IK ACTION. 
 PREFERENTIAL ASSIGNMENTS. 
 
 ASSIGNMENTS FOR CREDITORS. 
 
 1900, c. 11 An Ordinance respecting Assignments for the General 
 
 Benefit of Creditors. 
 
 1 May, 1900 [Assented to May 4, 1900.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of 'the Legislative Assembly of the Territories 
 enacts as follows: 
 
 AKsignmentto 1. j^q assimmeiit for the general benefit of creditors shall 
 
 be mane to & o 
 
 JudMnf °' ^^ valid or efPectnal as a transfer," assignment or conveyance of 
 
 district j^}jg property therein mentioned and described unless such 
 
 assignment is made to some person or persons residing in the 
 
 judicial district within which the assignor resides or carries on 
 
 business. 1900 c. 11, s. 1. (a). 
 
 ASSOCIATIONS. 
 
 See CEMETERIES. 
 COMPANIES. 
 DAIRY ASSOCIATIONS. 
 
 MECHANICS AND LITERARY INSTITUTES. 
 PARTNERSHIP. 
 
 PHAitMACEUTICAL ASSOCIATION. 
 SOCIETIES. 
 
 . ATTORNEY GENERAL'S DEPARTMENT. 
 
 li' March, ?89l) An Ordinance respecting the Department of the 
 
 Attorney General. 
 
 RE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 follows : 
 
 T 
 
ATIOKNEY GENERALlS DEPARTMENT 23 
 
 SHORT TITLK. 
 
 1. This Ordinance may be cited as "The Afforney General's Shovtutie 
 Ordinance." C. O. 6, s. 1. 
 
 ORGANISATION AND INUNCTIONS OF DKPAitTJIENT. 
 
 2. There shall be a department of the civil ser\-ice of the Organieation 
 Territories to be called the depal'tment of the attorney general 
 
 over ^vhich the member of the Executive Cotuicil appointed by 
 the Lieutenant Governor under the seal of the Territories to 
 discharge' the functions of the attorney general for the time 
 being shall preside; and the said attorney general sliall ex 
 officio be Her Majesty's attorney general in and for the Ter- 
 ritories. C. O. 6, s. 2. 
 
 3. The duties of the attorney general shall be as follows: Duties 
 
 (a) He shall be the official legal adviser of the LieuttJi- 
 ant Governor and the legal member of the -Execui ive 
 Council ; 
 
 (6) He shall see that the administration of public affairs 
 is in accordance with law; 
 
 (c) He shall have the superintendence of all matters con- 
 nected with the administration of justice in the Ter- 
 ritories within the powers or jurisdiction of the 
 Legislative Assembly or Government of the Terri- 
 tories ; 
 
 (d) He shall advise upon the legislative acts and pro- 
 ceedings of the Legislative Assembly of the Terri- 
 tories and generally advise the Cro'wn upon all mat- 
 ters of law referred to him by the Crown ; 
 
 (e) He shall be entrusted with the powers and charged 
 with the duties which belong to the attorney gen- 
 eral and solicitor general of England by law or 
 
 usage so far as the same powers and duties are 
 , applicable to the Territories; and also with the 
 powers and duties which by the laws of Canada and 
 of the Territories to be administered and carried 
 into effect by the Government of the Territories 
 
 belong to the office of the attorney general and 
 
 solicitor general; 
 
 (/■) He shall advise the heads of the several departments 
 of the Government upon all matters of law connected 
 with such departments respectively; 
 
24 
 
 AUCTIONEEES 
 
 (g) He shall be charged with the settlement of all in- 
 struments issued under the seal of the Territories; 
 
 (h) He shall have the regulation and conduct of all liti- 
 gation for or against the Crown or any public de- 
 partment in respect of any subjects within the . 
 authority or jurisdiction of the Legislative As- 
 sembly ; 
 
 (i) He shall be charged generally with such duties as 
 may be at any time assigned by law or by the 
 Lieutenani Governor in Council to the attorney 
 general of the Territories. C. O. 6, s. 3. 
 
 Officers and 
 
 clerks 
 
 4. The Lieutenant Governor in Council may appoint such 
 other officers, clerks and servants as are required for the pro- 
 per conduct of the business of the department, aU of whom 
 shall hold office during pleasure. C. 0. 6, s. 4. 
 
 Validity of 
 former actg 
 
 FOEMEE ACTS LEGALISED. 
 
 5. All acts heretofore done or appointments made in con- 
 formity with or to the effect of any of the provisions herein 
 are declared to have been and to be legal and valid. C. O. 6, 
 
 s. 5. 
 
 AUCTIONEERS. 
 
 CO. 1898, c. 68 An Ordinance respectins^ Auctioneers, Hawkers and 
 
 15 March, 1899 ^ t-> 11 
 
 Pedlers. 
 
 THE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 Interpretation 
 , "hawker" 
 '*pedler' 
 
 1. In this Ordinance the expression "hawker" or ''pedler" 
 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 offerng for sale any goods, wares or merchandise or 
 carries and exposes samples or patterns of any goods, wares or 
 merchandise to be afterwards 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. C. O. 58, s. 1. 
 
AUCTIONEKRS 25 
 
 3. '^o person shall follow the calling; or pursue the business License to 
 
 • n ■ 1 • 1 m • • -1 P"^''"^ certain 
 
 of an auctioneer, hawker or pedler withm the Territories with- callings 
 out having first obtained a license therefor which license shall 
 be issued by such person as the Lieutenant Governor in Coun- 
 cil may authorise. C. O. 58, s. 2. 
 
 3. Every applicant for a hawker's or pedler's license shall ^ppIJ.^^*^^'™ 
 a,s part of his application for such license furnish a statement 
 
 in writing containing a full description of the goods, wares and 
 merchandise which he proposes to sell or offer for sale under 
 such license. C. O. 58, s. 3. 
 
 4. On every application for a license under this Ordinance Fees payable 
 there shall be paid: 
 
 (a) For a hawker's or pedler's license the sum of $25 ; 
 
 (h) For an auctoneer's license, on first application there- 
 for, the sum of $10 and on every subsequent con- 
 secutive application the sum of $5. C. O. 58, s. 4. 
 
 5. No hawker or pedler shall sell or offer for sale any goods, Hawker's 
 
 .-■^ . . / sales limited 
 
 wares or merchandise other than those set forth in his appli- 
 cation for license. C. O. 58, s. 5. 
 
 6. Every license issued under this Ordinance shall expire Duration of 
 
 llPPTlRfi 
 
 on the thirty-first day of December of the year in which it is 
 issued. C. O. 58, s. 6. 
 
 7. Any person violating the provisions of this Ordinance Penalty 
 sliall be liable on summary conviction thereof to a fine not * 
 exceeding $100 and costs of prosecution. C. 0. 58, s. T. 
 
 8. The provisions of this Ordinance shall not apply within Municipalities 
 a municipality nor shall any license be issued under the pro- ^^"^^ ^ 
 visions hereof in any such municipality. C. O. 58, s. 8. 
 
 AUDIT. 
 
 See LOCAL IMPROVEMENT DISTEICTS. 
 MUNICIPAL. 
 OEFICIAL AUDITORS. 
 SCHOOLS. 
 
 TREASURY DEPARTMENT. 
 VILLAGES. 
 
26 BENEVOLENT SOCIETIES 
 
 BEET SUGAR FACTORIES. 
 
 1901, u. 2i An Ordinance respecting the Exemption from Taxation 
 
 of Beet Sugar Factories. 
 
 12 June, 1901 \_Assented to June 12, 1901.] 
 
 WHEREAS it is desirable to promote the settlement of 
 vacant lands in the Territories and to induce immigra- 
 tion, 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 assessment 1. 'No assessment shall be made or levied by any munici- 
 
 byany Polity, town or village or other corporation possessing powers 
 
 etc., hereafie'r of taxation or assessment that may be incorporated, estab- 
 
 for 20 years lished or erected after the passing hereof upon any buildings, 
 
 machinery, 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. 1901 
 
 c. 24, s. 1. 
 
 Not to affect 2. Nothing in this Ordinance shall be construed as affect- 
 
 oxistinp; . .,. 
 
 municipalities, mg or curtailing any power of assessment or taxation now pos- 
 sessed by any municipality, town or village or other corpora- 
 tion incorporated, established or erected at the date of coming 
 into force of this Ordinance. 1901 c. 24, s. 2. 
 
 BENEVOLENT SOCIETIES. 
 
 0.1898,0.66 An Ordinance respecting Benevolent and other 
 
 1.5 March, 1899 -"^^ . °. 
 
 bocieties. 
 
 rjniLE Lieutenant Governor by and Avith the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Sties" tor'" ^' ^^y ^"^'^ °^ ^^^^^ persons of full age may become incor- 
 porated under this Ordinance for any benevolent or provident 
 ])iirpo,ce or for any other purpose not illegal save and except 
 
 certain 
 ' purposes 
 
BKNEVOLENT SOCIETIES 27 
 
 for the purpose of trade or business or any purpose provided 
 for by any of the Ordinances mentioned in the schedule here- 
 to, r. O. 66, s. 1. 
 
 2. The proceedings to obtain incorporation shall be as fol-Mndeof 
 
 T . incorporation 
 
 1. Such persons shall make and sign a declaration in writing 
 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 may be required ; 
 
 3. The said declaration may be produced to any judge of the 
 Supreme Court of the jSTorth-West Territories and if the same 
 appears to him to be in conformity with this Ordinance he 
 shall indorse 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 politic and shall have the powers, rights 
 and immunities vested by law in such bodies. C. 0. 66, s. 2. 
 
 3. The society so incorporated may from time to time have societies may 
 establish and maintain any number of branches thereof to branches 
 
 imntp fhp nhipots nf thp sofiptv C_ 0_ fifi s. ?i. 
 
 3. 
 
 promote the objects of the society. C. O. 66, s. a. 
 
 4. The society may from time to time appoint trustees, a officers 
 treasurer, a secretary and other officers for conducting its 
 affiairs and for the discipline and management of the society ; 
 
 and may from time to time make bylaws, rules and regulations Bylaws nnd 
 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 bylaws, rules or regulations. C. O. 66, s. 4. 
 
 5. Any two or more societies or branches of a society may Different 
 unite and form one society or branch for the purpose of erect- brancifeV 
 ing buildings for the use of the societies or branches and if ^"^^ ""'** 
 thev so desire for other purposes on such terms as may be 
 
28 
 
 BENEVOLENT SOCIETIES 
 
 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 every 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. 0. O. 66, s. 5. 
 
 Liability o( 6. A porson tiuder the age of tAventy-one years elected or 
 
 persons under J^ ». -ij. £c 
 
 age admitted as 'h member - of a society or appointed to any otnce 
 
 therein shall be liable to the payment of fees and otherwise 
 under the rules of the society as if he were of full age. C. O. 
 66, s. 6. 
 
 Benefits to 
 members 
 
 Exemption 
 from claims 
 of creditors 
 
 7. When under the rules of the society money of the society 
 becomes payable to or for the use or beneiit of a member 
 thereof such money shall be free from all claims by the credi- 
 tors of such member ; and when on the death of a member 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 pro- 
 vided by such rules ; and such money shall be to the extent of 
 $2,000 free from all claims by the personal representative or 
 creditors of the deceased ; and in case any sum is paid in good 
 wrong person 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. C. O. 66, s. 1. 
 
 Payment in 
 good faitii to 
 
 Powers of 8. ISTo societv or branch incorporated under this Ordinance 
 
 societies as to .ni . inn 
 
 iioidirig lands shall be entitled to acquire 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. C. 0. 66, s. 8. 
 
 Powers as to 
 taking and 
 retaining 
 lands by gift, 
 devise or 
 hequest 
 
 9. Any such society or branch may from time to time take 
 by gift, devise or bequest any lands or tenements or any in- 
 terests therein provided such gift, devise or bequest is made 
 at least six months before the death of the person making the 
 same ; but the society or branch shall at no time take by gift, 
 devise or bequest lands or tenements or any interests therein. 
 
BENEVOLENT SOCIETIES 2fi 
 
 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 $1,000; 
 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 tenements acquired 
 by gifts, devise or bequest within the limits aforesaid, but not 
 required for the acutal use or occupation of the society or 
 branch, shall be held by the society or branch for a longer 
 period than seven years after the acquisition thereof, and with- 
 in such period the same shall be absolutely 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 pur- 
 chaser 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 debentures or other 
 approved securties, not including mortgages on land, for the 
 use of the society or branch ; and lands, tenements 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. 66, s. 9. 
 
 10. Anv societv mav in pursuance of a resolution assented Powers to seii, 
 
 , ..„, , , ^ -, ,. mortgage, etc., 
 
 to by a majority oi the members present at a general meeting lands 
 specially called for that purpose of which public notice shall 
 be given in the manner provided by the bylaws mortgage, sell, 
 exchange or lease any lands of the society. C. O. 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 incorpomtion 
 
 ~ , . , - , 1 n 1 • J. • to be evidence 
 
 Court or his deputy to be a true copy shall be prima facie 
 evidence 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 the certificate 
 of the said registrar or his deputy showing the particulars 
 necessary for creating a corporation under this Ordinance shall 
 be prima facie evidence that the society or branch is an incor- 
 porated society or branch under this Ordinance. C. 0. 66, s. 11. 
 
 13. No defect of form in the certificate of the judge or in Detects in 
 the proceedings to which the certificate of the judge relates °'"™ 
 shall affect the validity of the incorporation. 0. O. 66, s. 12. 
 
30 
 
 ISE.XEVOl.EN'T SOCJIETIE.S 
 
 Certificate of 
 incorporation, 
 its effects 
 as evidence 
 
 Application 
 foi certificate 
 
 Evidence 
 thereon 
 
 Issue of 
 certificate 
 
 CostK and 
 practice 
 
 13. To facilitate the proof of a society or branch being an 
 incorporated society or branch nnder this Ordinance and to 
 l^revent 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 men- 
 t ioned ; and a certificate so obtained shall be final and conclu- 
 sive evidence of the society or branch being an incoporation 
 under this Ordinance unless the certificate on the order or de- 
 cision of the court granting or authorising 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 
 maj be as follows : 
 
 1. The application for the certificate may be made by the 
 society or branch to a judge of the Supreme Court of the 
 ^[orth-West Territories; 
 
 2. The application shall be supported by satisfactory, evi- 
 dence that the society or branch is a society or branch v^ithin 
 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 TJie North-West Territories Gazette j 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 evi- 
 dence; and if there is any defect in the proceedings taken to 
 obtain incorporatioii 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 necessary; 
 
 o. 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 cffectiial, 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. C. O. 66, s. 13. 
 
BENEVOLENT SOCIETIES :^1 
 
 14. It shall be the duty of the corporation when thereunto Society to 
 required by the Lieutenant Governor in Council or by the statement of 
 
 T-ii'A 11 ^-1 n -, , I'^al property 
 
 Legislative Assembly to furnish a statement of the real pro- 
 perty 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. 
 C. O. 66, s. 14. 
 
 15. When a society incorporated under the provisions of LJiiauge of 
 
 1-/-WJ-- •!•"• CI • . /. name, etc., 
 
 this Urdinance is desirious of changing its name or of changing ot society 
 any of the purposes contained in the original certficate or de- 
 claration of incorporatibn, a judge of the Supreme Court upon 
 being satisfied that the change desired is not for an, improper 
 purpose and is not otherwise objectionable, may make an order 
 reciting the certificate and declaration of incorporation and , 
 making the change desired. 
 
 (2) Such order shall be filed in the ofiice in which the certi- Order to be 
 ficate and declaration were filed and a copy of the order certi- 
 fied by the registrar of the Supreme Court at Regina or his 
 deputy to be a true copy of the order filed in the said ofR&e 
 
 shall be prima facie evidence of the change having been made 
 as therein set forth. 
 
 (3) ISFo change under the next preceding two subsections Rights and 
 shall affect the rights or obligations of the society and al] soriety not 
 actions 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. C. O. 66, s. 15. 
 
 16. In ease the Lieutenant Governor in Council adopts or Forms 
 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. C. 0. 66, s. 16. 
 
 SCHEDULE. 
 
 Ordinances for purposes not intended by this Ordinance : 
 
 1. Chapter 38 of The Consolidated Ordinances. 
 ?). Chapter 61 of The Consolidated Ordinances. 
 
 2. Chapter 45 of The Consolidated Ordinances. 
 
 4. Chapter 65 of The Consolidated Ordinances. 
 
 5. Chapter 68 of The Consolidated Ordinances. 
 
 6. Chapter 69 of The Consolidated Ordinances. 
 
32 
 
 BILLS OF SALE 
 
 BILLS OF SALE. 
 
 CO 189S, o. 43 
 15 March, 1899 
 
 Principal Ordinance 
 Amending Ordinance 
 
 CO. 1898, c. 43 
 1900. c. 12 
 
 An Ordinance respecting Mortgages and Sales of 
 Personal Property. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET title; 
 
 Short title 1. This Ordinance may be oited and knovcn as "T^e 5iZZs o/ 
 
 f Sale Ordinance." C. O. 43, s. 1. 
 
 Registration 
 districts 
 
 JV^ooRorain 
 district 
 
 Yorkton 
 district 
 
 EEGISTEATION DISTEICTS. 
 
 3. For the purposes 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 May, A.D. 1882, eastward of the eleventh range 
 of townships 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, 
 boundary of the province of Manitoba, thence westerly follow- 
 ing 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 
 Dominion Lands system of survey; 
 
 2. The registration district of "Yorkton," comprising that 
 part of the said provisional district of Assiniboia. eastward 
 of the eleventh range of townships west of the second meridian 
 and north of the north boundary of the registration district of 
 Moosotain ; 
 
BILLS OF SALE 33 
 
 3. Tlie registration district of "Regina," compi-ising that R.egina 
 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 Moose Jaw 
 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 regisration district of "Medicine Hat/' comprising Medicine Hat 
 all that portion of the said provisional district of Assiniboia ^'*'"*' 
 west of the registration district of Moose Jaw ; 
 
 G. The registration district of "Macleod," comprising all Maoieod 
 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 oaigary 
 that part of the said provisional district of Alberta lying be- 
 tween townshiiDS sixteen and forty-three ; 
 
 8. The registration district of "Edmonton," comprising all l'^™?,'^'"" 
 that portion of the said provisional district of Alberta lying- 
 north of township forty-two ; 
 
 9. The registration district of "Battleford" comprising all Bauieford 
 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 Prince Albert 
 all that portion of the said provisional district of Saskatche- 
 wan lying east of the Battleford regstration district. 
 
 (S) The Lieutenant, Governor in Council shall have powe?" New districts 
 to alter the boundaries of any registration district now or 
 hereafter established by adding thereto or taking therefrom; 
 and to establish new districts and to appoint registration clerics 
 therefor who shall hold office during pleasure; and designate 
 at what places the offices of such clerics shall be kept. C. O. 
 43, s. 2, and 1900 c. 12, s. 1. 
 
 KEGISTEATIO:X CLKEKS. 
 
 3. The registration clerks for the existing registration dis- Present clerks 
 
 ._ Ill conLiimcQ. 
 
 tricts are hereby continued in office and Fhall severally hold 
 office during pleasure nnd their offices shall be kept at i)laces 
 to be designated by the Lieutenant Governor in Council. 
 
 3a 
 
34 
 
 BILLS OF SALE 
 
 Appointments 
 by Lieutenant 
 
 (2) In the event of any vacancy occurring in the office of 
 Governor in registration clerk by reason of death, resignation or otherwise 
 
 Council / *~> ^ 
 
 the vacancy shall be filled by the Lieutenant Governor m 
 Council. C. O. 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 Tlie Judicature Ordinance 
 when the same shall be closed at one o'clock in the afternoon 
 and during office hours only shall registrations be made. C. O. 
 43, s. 4. 
 
 5. JSTo registration clerk shall draw or prepare any docu- 
 ment or conveyance which may be filed or registered in his 
 office imder the provisions of this or any other Ordinance. 0. 
 O. 43, s. 5. 
 
 MOETGAGES AND SALES OF CHATTELS. FOEM AND EEGISTKATION. 
 
 Mortgages 
 unaccom- 
 panied by 
 delivery and 
 change of 
 possession 
 of goods 
 
 6. Every mortgage or conveyance intended to operate as a 
 mortgage of goods and chattels which is not accompanied by 
 an immediate delivery and an actual and continued change pf 
 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 authorised by power in writing to take such mort- 
 gage 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 there- 
 in 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 filing thereof. C. O. 43, s. 6. 
 
BILLS OF SALE 35 
 
 7. Except as to cases provided iu the next following section Mortgage may 
 of this Ordinance a mortgage or conveyance intended to appended 
 operate as a mortgage of goods and cliattels may be made in 
 accordance with form A in the schedule of this Ordinance. 
 
 C. O. 43, s. 7. (b) 
 
 8. In case of an agreement in writing for future advances Mortgage to 
 for the purpose of enabling the borrower to enter into and ad^'ance" 0/ ° 
 carry on business with such advances and in case of a mortgage indoroS'-s,'eto. 
 of goods and chattels for securing the mortgagee repayment of 
 
 such advances or in case of a mortgage of goods and chattels 
 for securing the mortgagee against the indorsement 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 in ease the mortgage 
 is executed in good faith and sets forth fiiUy by recital or 
 otherwise the terms, nature and effect of the agreement and 
 the amoimt 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 affidavit of the mort- 
 gagee or one of several mortgagees or in case the agreement 
 has been entered into and the mortgage taken by an agent 
 duly authorised 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 accompanied by the affidavit of 
 such agent, such affidavit whether of the mortgagee or his 
 agent, stating that the mortgage 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 agree- 
 ment and covered by such mortgage and that such mortgage is 
 executed in good faith and for the express purpose of securing 
 the mortgagee repayment of his advances or against the pay- 
 ment of the amoimt of his liability 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 mort- 
 gagor 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. C. O. 43, s. 8. 
 
 9. Every sale, assignment and transfer of goods and chat- saie of goods: 
 tels not accompanied by an immediate delivery and followed by by delivery 
 an actual and continued change of possession of the goods and possession 
 chattels sold shall be in writing and such writing shall be a 
 
36 BILLS OF SALE 
 
 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 authorised 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 hold- 
 ing or enabling the bargainee to bold the goods mentioned 
 therein against the creditors of the bargainor; and such con- 
 veyance and affidavits shall be registered as hereinafter pro- 
 vided 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 purchasers or mortgagees 
 in good faith. C. O. 43, s. 9. 
 
 Registration 10. Such registration shall only have effect in the regis- 
 
 only affects ° • i i j rt 
 
 district where tration district wherein such registration has been made. O. 
 
 made ^ 
 
 0. 43, s. 10. 
 
 Omission to 11. In casc such mortgage or conveyance and affidavits are 
 fafse'''''' '"' not registered as hereinbefore provided or in case the con- 
 cm'Sd'eration 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 valuable 
 consideration. C. O. 43, s. 11. 
 
 Description • 13. AH 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 de- 
 Assignment scripiou thereof that the same may be readily and easily known 
 credUorf''°' ^^^ 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. C. O. 43, s. 12. 
 
 to^'ffin^'^""' l*^* The proper registration officer for instruments being 
 propCTty"''''"^^ mortgages and transfers of personal property shall be the clerk 
 situate q£ ^Yie 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 indorse thereon the time of receiving the same in their 
 respective offices and the same shall be kept there for the 
 inspection of the public subject to the payment of the proper 
 fees. C. O. 43, s. 13. 
 
BILLS OF SALE 37 
 
 14. Every such clerk shall number each instrument or copy cierk to'enter 
 filed in his office and shall enter in alphabetical order in aSna'b'ook" 
 book to be provided by him the names of all the parties to 
 
 such instrument with the number indorsed thereon opposite 
 to each name ; and such entry shall be repeated alphabetically 
 under the name of every party thereto. C. O. 43, s. 14. 
 
 CONVETANCES OF GEOWING OE FUTUKE CEOPS. 
 
 15. ISTo mortgage, bill of sale, lien, charge, incumbrance. Securities 
 conveyance, transfer or assignment hereafter made, executed 
 
 or created and vs^hich is intended to operate and have effect 
 as a security shall in so far as the same assumes to bind, com- 
 prise,, apply to or affect any growing crop or crop to be grown 
 in future in whole or in part be valid except the same be 
 made, executed or created as a security for the purchase price 
 and interest thereon of seed grain. 
 
 (2") Every mortffaa-e or incumbrance upon growing crops or Crop 
 
 ^ ' •' o o iDoj. mortgages to 
 
 crops to be grown, made or created to secure the purchase secure price of 
 
 SG6Q. srr3iiii 
 
 price of seed grain shall be held to be within the provisions of 
 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) ISTo mortgage or incumbrance to secure the price of seed Crop must be 
 grain shall be given upon any crop which is not sown within one_y ear jrom 
 one year of the date of the execution of the said mortgage or 
 inciunbranee. 
 
 (4) Every registration clerk shall keep a separate register separate 
 of such seed grain mortgages and shall be entitled to receive seed'grafn 
 the 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 gmin 
 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 se- 
 curity for the sum therein mentioned ; the date of the purchase 
 of seed grain, the number of bushels and price per bushel mustParticuto 
 be stated in the mortgage as well as in the affidavit of hona 
 fides. C. 0. 43, s. 15. 
 
 PEOOEDUEB UNDEE MOETGAGE ON DEFAULT. 
 
 16. Unless it is otherwise specially provided therein goods cause fo^r^ 
 and chattels assigned under a mortgage or conveyance intended mortgagee 
 
38 BILLS, OF SALE 
 
 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: 
 
 Default in 1. If the grantor shall make default in payment of the sum 
 
 ?CTtormance or sums of money thereby secured at the time therein provided 
 agieemen s ^^^ j^g^jjj^Q^^ oj. {^i 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 ; '' 
 
 ^o^ods"*^"* 2. If the grantor shall without the written permission of 
 
 the grantee either remove or suffer the goods or any of them to 
 be removed from the registration district within which they 
 are situate ; 
 
 Rent or taxes 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 ; 
 
 Execution ^^ jf gxccution shall have been levied against the goods of 
 
 the grantor under any judgment at law; 
 
 Attempt to 5. If the grantor shall attempt to sell or dispose of or in 
 
 , goods any way part with the possession of the said goods. C. O. 43, 
 
 s. 10. 
 
 RENEWAL OE MOUTGAGES. 
 
 iviortgage filed 17. Everv mortgage filed in pursuance of this Ordinance 
 
 to cease to be , ,, " , -..^ . , i., » ., 
 
 valid after two shall ceasc to DC Valid as against the creditors oi the persons 
 renewed making the same and against subsequent purchasers or mort- 
 gagees in good faith for valuable consideration after the ex- 
 piration of two years from the filing 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 affidavit 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 
 authorised 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. 0. O. 43, s. 17, 
 and 1900 c. 12,, s. 2. 
 
 Renewal of 18. Such Statement and affidavit shall be in the following 
 
 mortgage form Or to the like effect: 
 
BILLS OF SALE 39 
 
 STATEMENT exhibiting the interest-of CD. in the prop- 
 erty 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 dis- 
 trict of (^as the case may he) on the 
 <iay 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 there- 
 of from the said CD. to him dated the day of 
 1 , or as the case may he). 
 
 Xo 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: 
 
 1 .—Jan. 1 — Cash received $ ) 
 
 The amoimt still due for principal and interest on the said 
 mortgage is the sum of dollars computed as follows : 
 
 (Here give^ the computation.) 
 
 CD. 
 
 IS[oETH-WeST TeREITOEIES ] Affidavit 
 
 To Wit: i 
 
 I, of , the mortgagee 
 
 named in the chattel mortgage mentioned in the foregoing 
 (or annexed) statement (or assignee of the mort- 
 
 gagee named in the chattel mortgage mentioned in the fore- 
 going or annexed statement, as the case may he) 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 \ 
 
 in the North-West Territories, I 
 ^ this day of 1 J C. 0. 43, s. 18. . 
 
 19. Another statement in accordance with the provisions of 5.^^.^!^^^. 
 section 17 hereof duly verified as required by that section shall afterTrs't**^'^^*^ 
 be filed in the ofiice of the registration clerk of the district ^''"«"'*' 
 where the property is then situate within thirty days next 
 precedng the expiration of the term of one year from the day 
 of the filing of the statement required by the said section 17 
 and in default thereof such mortgage shall cease to be valid 
 
40 BILLS OF SALE 
 
 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 thrity 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 afore- 
 said. C. O. 43, s. 19. 
 
 ?ep'resen\ative ^^' The afiidavit required by section 17 of this Ordinance 
 or assignee ^^^ ^^ made by any next of kin, executor or administrator 
 of any deceased mortgagee or by an assignee claiming by or 
 Filing* through any mortgagee or any next of kin, executor or admin- 
 
 apsignments jg^rator of any such assignee; but if the affidavit is made by 
 any assignee, next of kin, executor or administrator of any 
 such assignee the assignment or the several assignments 
 through which such assignee claims shall be filed in the office 
 in wliich the mortgage is originally filed at or before the time 
 of such refiling by such assignee, next of kin, executor or ad- 
 ministrator of such assignee. C. O. 43, s. 20. 
 
 AGENTS AUTHOEITY TO TAKE CONVEYANCES. 
 
 taking ^1- An authority for the purpose of taking or renewing a 
 
 instruments , • , i i 
 
 maybe general mortgage or Conveyance intended to operate as a mortgage or 
 sale, 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 snch general authority is duly 
 filed with the clerk it shall not be necessary to attach a copy 
 thereof to any mortgage filed. C. 0. 43, s. 21. 
 
 t'oYnehuif ^" 23. For the purpose of making the affidavit of hojia fides 
 SlgCTof required by sections 6, 8 and 9 of this. Ordinance and the 
 ronmanv affidavit required by section 17 of this Ordinance the expres- 
 sions "mortgagee," "bargainee," or "assignee" shall, in addi- 
 tion to their i)rimary meaning, mean and include the agent or 
 manager of any mortgagee, bargainee or assignee being an 
 incorporated company. C. 0. 43, s. 22. 
 
 company 
 
 OMISSIONS AND EIlitORS. 
 
 Rectification 
 
 of oMiifls'ions 33. Subject to the rights of third persons accrued bv rea- 
 
 aiid errors j! i • • i . V, , 
 
 son ot such omissions as are hereinafter defined any judo'e 
 of the Supreme Court of the Territories on being satisfied that 
 the omission to register a mortgage or other transfer of per- 
 sonal property or any authority to take or renew the same or 
 
BILLS OF SALE 41 
 
 any statement and affidavit of renewal thereof within the time 
 prescribed by this Ordinance or the ommission or misstate- 
 ment 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 occupation or by extending the time for such 
 registration on such terms and conditions if any as to security, 
 notice by advertisement or otherwise or as to any other matter 
 as he thinks fit to direct. C. O. 43, s. 23. 
 
 ASSIGNMENT OS' MOETGAGES. 
 
 34. In case any registered chattel mortgage has been Filing 
 assigned such assignment may upon proof by the affidavit of of mortgages 
 a subscribing witness be numbered and entered in the book 
 mentioned in section 14 'hereof in the same manner as a 
 
 chattel mortgage and the proceedings authorised by sections 
 26 and 27 of this Ordinance may and shall be had upon a 
 certificate of the assignee proved in manner aforesaid. C. O. 
 43, s. 24. 
 
 DISCHAEGE OE MOETGAGES. 
 
 35. Where any mortgage of goods and chattels is registered Discharge of 
 under the provisions of this Ordinance such mortgage may be 
 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 . C. O. 43, s. 25. 
 
 36. The officer with whom such chattel mortgage is filed Entry and 
 
 1 02 1 • £ indorsement 
 
 upon receiving such certificate duly proved by the amdavit oi of discharge 
 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 indorse the fact of such discharge upon the instru- 
 ment discharged and shall afiix his name to such indorsement. 
 C. 0. 43, s. 26. 
 
 37. Any person filing a discharge of mortgage or a partial certificate 
 
 •^ ^ ,. .1 1 m 1 , •7i 1 J. 1 j; of discharge 
 
 discharge of mortgage as aforesaid shall be entitled to ask lor 
 and receive from such clerk a certificate (other than the certi- 
 ficate which might be indorsed on a copy or duplicate of the 
 
42 
 
 Form of 
 certificate 
 
 BILLS OF SALE ^ 
 
 mortgage as aforesaid) of such discliarge or partial discharge 
 in the form following or to the like effect : 
 North-West Territories ] 
 Eegistration District of ■ 
 
 1 
 
 This is to certify that an instrument purporting to be a' 
 discharge in full (or a partial discharge) of a certain chattel- 
 mortgage hearing date the- day of and- 
 filed the day of following, made^ 
 between A.B. of as mortgagor and G.D. 
 of as mortgagee has been iiled in the office of 
 the clerk of the registration district of on 
 ^}ie day of ' (and in case of a 
 partial discharge that the goods or property mentioned in such 
 partial discharge consist of describing 
 the chattel or property) E.M., Clerk. 
 
 C. O. 43, s. 27. 
 
 EEilOVAL OF CHATTELS ilOETGAGED. 
 
 Mortgaged 38. Xo goods or chattels under mortgage shall be removed 
 
 goods not to be ° t ■ -i • ji ^ • 
 
 removed into another reo-istration district without a notice oi the m- 
 
 witnout notice ° .-i -i • -i i • -i i 
 
 tentio'n to remove be mailed post paid and registered to the 
 mortgagee at his last known place of address not less than 
 twenty days prior to such removal. C. O. 43, s. 28. 
 
 Removal of 39. j^ the cvent of the permanent removal of goods and 
 
 goods to ^ "... 
 
 another chattels mortgaged as aforesaid from the registration district 
 
 district . . . 
 
 in which they w-ere at the time of the execution of the mort- 
 gage to another registration district before the payment and 
 discharge 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 instru- 
 ments 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 removal 
 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. C. 0. 43, s. 29. 
 
 EVIDENCE. CERTIFIED COPIES. 
 
 Certified 
 copies 
 
 30. Copies of any instrument filed under this Ordinance 
 certified by the registration clerk shall be received as prima 
 -facie evidence for all purposes as if the original instrument 
 
BILLS OF SALE . 43 
 
 was produced and also as prima facie evidence of the execution 
 of the original instrument according to the purport of such 
 copy and the clerk's certificate shall also be prima facie evi- 
 dence of the date and hour of registration and filing. C. O. 
 43, s. 30. 
 
 AFFIDAVITS. 
 
 31. All afiidavits and afiirmations required by this Ordin- officers for 
 ance may be taken and administered by the registration clerk °* 
 or any person whether in or out of the Territories authorised 
 to administer oaths or take afiidavits for use in the Supreme 
 Court of the Territories and the sum of 25 cents shall be pay- 
 able for every oath thus administered. C. O. 43, s. 31. 
 
 ESPIEY ON HOLIDAY OF TIME FOE FILING. 
 
 33. Where under any provisions of this Ordinance the time Time for filing 
 for registering or filing any mortgage, bill of sale, instrument, lundiy^o?" 
 document, affidavit or other paper expires on a Sunday or other ° ' '^^ 
 day on which the ofilce 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. 0. O. 43, s. 32. 
 
 cleek's fees. 
 
 33. For services under this Ordinance each clerk aforesaid cierks fees 
 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 indorsements in coimection therewith, 50 cents; 
 
 3. For filing certificate of discharge of each instrument and 
 for making all proper entries and indorsements connected 
 therewith, 50 cents; 
 
 4. For searching for each paper, 25 cents ; 
 
 5. For copies of any document 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. C. O. 43, s. 33. 
 
44 BILLS OF SALE 
 
 SCHEDULE. 
 
 EOEM 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 C. D. the receipt of which the said A.B. hereby 
 acknowledges (or luhatever else the consideration may he) he 
 the said A.B. doth hereby assign to the said CD. his exe- 
 cutors, administrators and assigns all and singular the several 
 chattels and things specially described as follows (or in the 
 schedule hereto annexed) by way of security for the payment 
 of the sum of $ and interest thereon at the rate of 
 
 per cent, per annum (or whatever else may he the rate) and 
 the said A.B. doth fuKther 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 times for pay- 
 ment). And the said A.B. doth agree with the said CD. 
 that he will (here insert terms as to insurance, payment of 
 rent, collateral 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 spec- 
 ially 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 j A . B. 
 
 of witness.) I 
 
 FOEM B. 
 
 (Section 25.) 
 
 DISCHAEGE OF CHATTEL :\:OETGAGE. 
 
 To the registration clerk of the registration district of 
 I, A.B., of do certify that has 
 
BILLS OF SALE 45 
 
 satisfied all money due on or to grow due on a certain chattel 
 mortgage made by to whicJi 
 
 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 ^u^ 
 
 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 as- 
 signed as the fact may he) and that I am the person entitled 
 by law to receive the money ; and that such mortgage is there- 
 fore discharged. 
 
 Witness my hand this day of A.D. 1 
 
 Witness (stating residence and •\ 
 
 occupation) I A.B. 
 
 E.F. \ 
 
 BILLS OF SALE. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 43 of the Consoli- 19000.12 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting Mortgages and Sales of Personal 
 Property." 
 
 \_Asseided to May 4., 1900.^ i May, mo 
 
 rpHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of tiie Territories 
 enacts as follows : 
 
 1. and 2. * * ^ * * * 
 
 3. All chattel mortgages relating to property within any Mortgages 
 newly established districts shall (imtil their renewal becoiues districts 
 necessary to maintain their force against creditors, subsequeut 
 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 c\'e]Lt 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 togethcsr 
 with a certified copy of the chattel mortgage to which sucli 
 renewal statement relates and of any renewals thereof under 
 
46 BRANDS 
 
 the hand of the registration clerk in whose office the srime 
 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. 
 
 BIRDS. 
 
 See GAJiE. 
 
 USEFUL BIRDS. 
 
 BIRTHS. 
 
 See A^ITAI. STATISTICS. 
 
 BOARDING HOUSE KEEPERS. 
 
 See KEErEES of hotels and boarding houses. 
 
 BOARDING STABLES. 
 
 See i.TVEiir stables. 
 
 BOILER INSPECTION. 
 
 See STEAJc boilers. 
 
 BRANDS. 
 
 An Ordinance respecting Brands. 
 
 1900, c. 22 
 
 4 May, 1900 \^Assented to May Jj., 1900.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of tlie Territories 
 enacts as follows : 
 
 SHORT TITLE. 
 
 Short title 1. This Ordinance may be cited as "The Brand Ordinance." 
 
 1900, c. 22,, s. 1. 
 
 interpretation. 
 
 3. In this Ordinance unless the context otherwise requires : 
 
 "Department" 1. The expression "department" means the department of 
 agriculture ; 
 
 "Commis- 2. The expression "commissioner" means the commissioner 
 
 of agriculture; 
 
 sioner 
 
BRANDS 47 
 
 3. The expression "horse" means any horse, mare, gelding, " Horse - 
 colt or filly, ass or mule; 
 
 4. The expresson "cattle" means ^any bullj^cow, ox, heifer, " cattie " 
 steer or calf; 
 
 5. The expression "stock" means any horse or head of "stock" 
 cattle ; 
 
 6. The expression "owner" means the owner jointly or in"0'^"'""" 
 severalty of any brand recorded under this Ordinance or the 
 authorised agent of such owner ; 
 
 1. The expression "brand" means any letter, sign, character "Brand" 
 or numeral or combination of the same recorded as allotted to 
 any owner; 
 
 8. The expression "vent" means : 
 
 (a) Any vent brand allotted as having been recorded '"^^'^t^" 
 prior to the first day of jMarcli, 1898 ; 
 
 (6) In the case of any three-character brand either the 
 second marking thereof placed upon the same side of 
 any stock as the original brand- or a marking of a 
 letter or numeral of such brand placed in a horizon- 
 tal position below the brand; 
 
 (c) In all other cases the second marking of the brand 
 placed upon the same side of any stock .as the 
 original brand; 
 
 any such vent denoting the fact of the proprietary rights in 
 such stock having passed from the owner to some other per- 
 son; 
 
 9. The expression "record" means the book kept by the "Record" 
 recorder in pursuance of this Ordinance in which a descrip- 
 tion of every brand is recorded as such brand is allotted to 
 
 any owner. 
 
 10. The expression "character" means any sign, letter or "'Character - 
 numeral. 1900, c. 22, s. 2 and 1903 Sess. 1, c. 23, s. 1. 
 
 BRANDS, THEIK NATURE, OWXEESIIIP, USE AKD SIGNIFICANCE. 
 
 3. Subject to the provisions of the next following section commissioner 
 brands of any description may be allotted for any part of the^^rands 
 body of any stock subject to the approval of the commissioner. 
 
 1900, c. 22, s. 3. 
 
 4. Every brand for cattle allotted for the hip or thigh, forl°™^f 
 the rib and for the shoulder or top of arm shall consist of 
 
48 
 
 URAN DS 
 
 three characters and the shape and pattern of such characters 
 and the arrangement thereof shall he fixed and determined by 
 the commissioner. 1903, Sess. 1, c. 22, s. 2. 
 
 ExclusiTe 
 right to 
 brand 
 
 5. Upon the allotment of any brand to any owner or 
 transferee under the provisions of this Ordinance and the 
 entry in the record thereof such owner or transferee shall 
 have the exclusive right to the use of such brand; and the 
 presence of a recorded brand on any stock shall be prima facie 
 evidence of the ownership of such animal by the owner of such 
 brand. 1900, c. 22, s. 5. 
 
 EECOED OF BEANDS. 
 
 Recorder of 
 brands 
 
 6. The Lieutenant Governor in Council may appoint a 
 recorder of brands who shall be subject to the direction of the 
 commissioner and who shall keep a record of all brands allotted 
 under this Ordinance. 1900, c. 22, s. 6. 
 
 7. Any person shall be entitled to have the record searched 
 and to obtain certified extracts therefrom during the regular 
 business hours of the department on payment of the fee 
 prescribed in the tariff of fees appended hereto. 1900, c. 22, 
 
 s. 7. 
 
 Application 
 for allotment 
 of brand 
 
 8. Any person requiring the allotment to him of a brand 
 shall make application therefor to the recorder which applica- 
 tion shall be accompanied by the fee prescribed in the tariff 
 of fees appended hereto; and upon being satisfied that the 
 application is in conformity with the provisions of this Ordin- 
 ance the recorder shall allot a brand to such applicant and 
 enter the same in the record : 
 
 Provided however that no brajid shall be allotted to an 
 
 Indian living on a reserve. 
 
 1900, c. 22, s. 8. 
 
 Certificates of 
 record of 
 brand 
 
 9. Upon the recording of any brand as aforesaid the person 
 in whose name the same is recorded shall become the owner 
 thereof; and the recorder shall deliver or transmit to the 
 applicant to whom such brand is allotted a certificate of the 
 allotment and entry in the record thereof ; and the production 
 of any certificate purporting to be a certificate signed by the 
 recorder under the provisions of this section in any court shall 
 be prima facie evidence of the ownership of such brand with- 
 out any further proof of signature. 1900, c. 22, s. 9. 
 
 Publication of 10. The commissoner may at such times and in such 
 
 recorded "^ 
 
 brands manner as to him may seem desirable cause to be published a 
 
BRANDS 49 
 
 complete list of the brands recorded under this Ordinance and 
 may make a reasonable charge for the volume containing the 
 same. 1900, c. 22, s. 10. 
 
 CHANGE IN KECOED. 
 
 11. The recorder may upon the application of any owner change in 
 accompanied by the fee prescribed in the tariff of fees ap- 
 pended hereto make changes in the brand or position thereof 
 not inconsistent with the provisions of this Ordinance. 1900, 
 c. 22, s. 11. 
 
 NUMBER OF BRANDS. 
 
 13. No person shall have allotted to him more than two Number of 
 brands for horses and two brands for cattle. 1900, c. 22, s. 12. ^™"'^' 
 
 CANCELLATIONS. 
 
 13. If any two or more owners of stock have the same or Commissioner 
 
 iT-ii 111 •■ -cii ^^^ cancel 
 
 conflicting brands recorded the commissioner may if he deem conflicting 
 it advisable authorise the cancellation of the brand last 
 recorded or (with the sanction of the owner) of any brand 
 previously recorded; and may allot another in lieu thereof 
 without charge. 1900, c. 22, s. 13. 
 
 14. In case it shall be proven to the satisfaction of the o^ u^j^used 
 commissioner that any recorded brand has not been»used by 
 
 the owner thereof or by his authority for at least two years, 
 notice of intended cancellation may be mailed to the last 
 known address of such owner and at any time after three 
 months from the mailing of such notice the commissioner may 
 cause such brand to be cancelled. 1900, c. 22, s. 14. 
 
 TRANSFERS. 
 
 15. Any person wishing to transfer the ownership in any Recording 
 
 tra.nsfer of 
 
 brand recorded under the provisions of this Ordinance shall brands 
 make and sign in the presence of some person authorised to 
 administer oaths for use in the supreme court of the Terri- 
 tories a memorndum in form A in the schedule hereto and 
 shall transmit the same to the recorder with the fees charge- 
 able on such transfer as prescribed in the tariff of fees ap- 
 pended hereto; and the recorder upon receipt 'of such memo- 
 randum and fees shall make an entry in the record opposite the 
 entry of the original allotment setting forth the fact of such 
 transfer of such brand to the transferee; and such transferee 
 shall thereafter be deemed to be the owner and to have tlie 
 exclusive riglit to the use of such brand. 
 
50 
 
 BRANDS 
 
 Where o'wner 
 is dead or 
 absent 
 
 Proviso 
 
 (3) In case of the death or absence of the owner a declara- 
 tion made by the transferee in form B in the schedule hereto 
 may subject to the approval of the commissioner be accepted 
 in lieu of the memorandum in form A: 
 
 Provided that such transfer shall not be recorded until 
 thirty days after notice thereof has been published in two 
 successive weekly issues of a newspaper to be named by the 
 commissioner. 1900, c. 22, s. 15. 
 
 Vent on 
 
 transferred 
 
 stock 
 
 Proviso 
 
 16. Upon every transfer of any stock marked with the 
 recorded brand of the transferror the transferror shall also 
 mark his vent on the stock so transferred tinless at the time of 
 such transfer the said brand is transferred to the transferee of 
 said stock: 
 
 Provided, however, that any transferee taking jjossession of 
 any stock for the purpose of slaughtering or shipping such 
 stock out of the Territories may waive his right to claim that 
 such stock shall be branded with a vent mark but in such 
 case the transferror shall give to the transferee a statement in 
 form C in the schedule hereto which shall be accepted as evi- 
 dence of the transfer of such stock wherever such evidence 
 may be required for the space of thirty days from the date 
 of such statement. 1900, c. 22, s. 16. 
 
 PENALTIES. 
 
 Penalty for 
 contravention 
 
 !'<'• Any person disobeying or contravening any of the 
 of.Ordinance provisions of this Ordinance (except such as are provided for 
 in the next succeeding section) shall be guilty of an offence 
 and on summary conviction thereof shall- be liable to a pen- 
 alty not exceeding $100. 1900, c. 22, s. 17. 
 
 Offences and 
 penalties 
 
 OFFENCES AND PENALTIES. 
 
 18. Any person who : 
 
 (a) Brands or directs, aids or assists to brand any stock 
 with a brand which has not been recorded under the 
 provisions of this Ordinance; 
 
 (&) Brands or causes, directs or permits to be branded 
 with his own brand any stock of which he is not the 
 owner without the authority of the owner; 
 
 (c) Blotches, defaces or otherwise renders illegible or 
 alters any brand or mark upon stock or directs, 
 causes or permits any such brand or mark to be 
 blotched, defaced or otherwise rendered illegible or 
 altered ; 
 
BRANDS 
 
 51 
 
 shall be guilty of an offence and on summary conviction 
 thereof before a justice of the peace liable to a penalty not 
 exceeding the sum of $200. 1900, c. 22, s. 18. 
 
 19. Chapter 76 of The Consolidated Ordinances is hereby Repeal 
 repealed. 1900, c. 22, s. 19. 
 
 FORM A. 
 
 MEMOEANDUM OF TEANSFEE OF EEANDS. 
 
 To the Recorder of Brands, Regina, Assa. 
 
 DESCEIPTION OF BRAKD I, {or We) 
 
 being the recorded owner of the brand 
 
 mentioned in the margin hereof, having 
 
 transferred the same to 
 
 of 
 
 do hereby request that you will make 
 
 the necessary transfer to of 
 
 such brand in yoiir record and 
 
 enclose herewith the sum of $1.00 as 
 
 the authorised fee on such transfer. 
 
 {Brand) 
 
 Position 
 
 Cattle or Horses 
 Dated at 
 
 this day of 
 
 1 
 
 Witness 
 A 
 
 {Owner) 
 1900, c. 22, form A. 
 
 FORM B. 
 
 lie THE MATTEE OF AN APPLICATION FOE THE TEANSFEK OF A 
 
 BEAWD. 
 
 of 
 
 do 
 
 solemnly declare: 
 
 (1) That I am the purchaser of the brand 
 recorded in the name of 
 
 for the {-position on animal) of (horses or cattle) 
 
 (2) That the said brand was actually sold to me by the 
 said on or about the day of 
 
 A.D. 19 and that I am entitled to 
 a transfer for the same. 
 
 (3) That written transfer of the said brand was 
 given me by the said 
 
52 BRANDS 
 
 (4) That I am to the best of my knowledge and belief the 
 rightful owner of all (horses oy cattle) running at large in this 
 district, branded with the said brand. 
 
 And I make this solemn declaration conscientiously believ- 
 ing it to be true and knowing that it is of the same force and 
 effect as if made under oath- and by virtue of The Canada 
 Evidence Act 189S. 
 
 Declared before me 
 
 at 
 
 in the North-West 
 
 Territories, this 
 
 day of 
 
 A.D. 19 
 
 {Signature of transferee) 
 
 in and for the North-West Territories. 
 
 1900, c. 22, form B. 
 
 FORM C. 
 
 To all whom the same may in any wise concern: 
 
 Take notice that I have this day sold {numbers and descrip- 
 tion of animals sold) to {name of person). 
 
 Signature. 
 Dated at 
 
 this day 
 
 of 1 { 1900, c. 22, form C. 
 
 TARIFF OF FEES. 
 
 On application for allotment of a brand $1 00 
 
 On application for change in the record of a brand .... 1 00 
 
 On every transfer of a recorded brand 1 00 
 
 For every search of the brand record ?5 
 
 For every certified abstract from the brand record . . . 2.5 
 
 1900, c. 22. 
 
 BULLS. 
 
 See ENTIKE AWIJitALS. 
 
 BUTTER AND CHEESE. 
 
 See DAIEY ASSOCIATIONS. 
 
CEMETERIES 53 
 
 CEMETERIES. 
 
 An Ordinance respecting: Cemeteries, c.o. isssc. eg 
 
 ■^ ° 15 March 1899 
 
 rpHE Lieutenant Governor by and wth the advice and con- 
 J- sent of the Legislative Assembly of the Territories enacts 
 as follows: 
 
 SHORT TITLE. 
 
 1. This Ordiniance may be cited as "The Cemetery Or^w- short title 
 ance" C. O. 68, s. 1. 
 
 INCOEPOEATION OF COMPANIES. 
 
 3. AH companies formed under the provisions of chapter ^^^^^^^^^^^^1^ 
 24 of The Revised Ordinances 1888, intituled: An Ordinance °^'^°™'e^''^^^ 
 to incorporate Companies for the Establishment of Cemeteries, 
 or of any amendment thereto, in existence as such are hereby 
 continued as bodies politic and corporate and they shall be 
 subject to the provisions of this Ordinance. C. O. 68, s. 2. 
 
 3. Any number of persons not less than ten may form p^^^iy^j^g ^j 
 themselves into a company for the purpose of establishing one ^corporation 
 or more public cemeteries outside the limits of any town or 
 
 village or within such limits if permission be given by bylaw 
 of such town or village for such establishment within its limits, 
 who have : 
 
 (a) Subscribed stock to an amount adequate to the pur- 
 chase of the ground required for such cemetery; and 
 
 (b) Executed an instrument according to the form in the 
 iifth section of this Ordinance contained; and 
 
 (c) Paid to the treasu.rer of the proposed company twenty- 
 five per cent, of the capital stock intended to be 
 raised; and 
 
 (d) Deposited such instrument or a duplicate thereof to- 
 gether with a receipt from the treasurer for the first 
 instalment of tw enty-five per cent, in the ofiice of the 
 Territorial secretary. C. 0. 68, s. 3. 
 
 4. JSTotice of the formation of the proposed company shall Territorial 
 be forthwith given by the Territorial secretary in the official recefve^'notice 
 gazette setting forth the name of the said company and the formation of 
 persons constituting the same and from and after the date of 
 
 the publication of such notice the persons therein named and 
 their successors shall be a body corporate and politic under the 
 
54 
 
 CEMETERIES 
 
 Powers 
 
 name mentioned therein and as such body corporate and politic 
 shall have all rights and be subject to all the liabilities of a 
 corporation and shall have full power to acquire, hold and 
 alienate both real and personal estate for all the purposes of 
 the company. C. O. 68, s. 4. 
 
 Form of 
 instrument 
 
 5. The instrument referred to in section 3 of this Ordin- 
 ance may be in the form following: 
 
 "Be it remembered that on this day of 
 
 in the year of Our Lord one thousand 
 
 we the undersigned shareholders met at m 
 
 the JSTorth-West Territories and resolved to form ourselves into 
 a cemetery company to be called The Cemetery 
 
 Company under the provisions of The Cemetery Ordinance; 
 and we do hereby agree that the capital stock of the said com- 
 pany shall be dollars to be divided into shares 
 of dollars each entitling the holder to one hundred 
 superficial feet ; and we the undersigned shareholders do here- 
 by agree to accept and take the number of shares set by us 
 opposite our respective signatures; and we do hereby agree to 
 pay the calls thereon according to the provisions of the said 
 Ordinance and the rules and regulations and bylaws of the 
 company to be made in that behalf. 
 
 NAME. 
 
 AMOUNT. 
 
 C. 0. 68, s. 5. 
 
 Continuation 
 of trustees 
 
 TETTSTEES OE EELIGIODS BODIES. 
 
 6. Trustees appointed under the provisions of Ordinance 
 JSFo. 5 of 1892 intituled: An Ordinance respecting the Holding 
 of Cemeteries in Trust for Religious Bodies and in existence at 
 the time of the coming into force hereof are hereby continued 
 and shall be subject to the provisions of this Ordinance affect- 
 ing trustees appointed hereunder. C. O. 68, s. 6. 
 
CEMfc7rERIE.S 55 
 
 T. When any one or more religious societies or congrega- organisation 
 tions in the Territories desire to take a conveyance or transfer trustees ° 
 of land for the purpose of establishing a cemetery for the use 
 of such society or congregation or for the use in common of 
 such societies or congregations such society or congregation or 
 societies or congregations, as the case may be, may appoint 
 trustees to whom and their successors to be appointed in such • 
 manner and subject to such regulations as may be specified in 
 the deed of conveyance or transfer, the land requisite for the 
 purpose aforesaid may be conveyed and such trustees and their 
 successors in perpetual succession by the name expressed in the 
 deed may take, hold and possess the land and maintain and de- 
 fend all actions or suits- for the protection thereof or of their 
 property therein: 
 
 Provided that such land shall not be vs^ithin the limits of a Land to be 
 
 .. . ,, ., J, outside town 
 
 town xmless permission be given by bylaw oi the said town lor 
 such establishment within the limits. 0. O. 68, s. 7. 
 
 8. If the deed of conveyance or transfer of such land does Appointment 
 
 .,_ ■' 1 • ^ ,1 j_j_iij. o( successors 
 
 not specify the manner m which the successors to tne trustees to trustees 
 therein named are to be appointed the society or congregation 
 or societies or congregations for whose use such land is held 
 may enter into an agreement with each other in writing in 
 such manner as may seem to them best and such agreement 
 shall specify the manner in which the successors of the trustees 
 for the term then being are to be appointed and such agree- 
 ment indorsed on or annexed to a certified copy of the transfer 
 or deed of conveyance under which the land is held for the use 
 of the said society or congregation or societies or congregations 
 and signed by the accredited agents of such society or congre- 
 gation or societies or congregations shall govern and regulate 
 the manner in which the successors of the trustees named in 
 the original grant, conveyance or transfer shall be appointed 
 and the regulations to which they shall be subject. C. 0. 68, 
 
 9. Such trustees shall within twelve months after the exe- Transfer of 
 cution of the deed of conveyance or transfer cause the deed or registered 
 transfer to be registered in the land titles ofiice of the land 
 registration district \\'ithin which the land is situated other- 
 wise the said deed shall be void. C. 0. 68, s. 9. 
 
 10. The trustees and their successors shall thenceforth hold Purposes 
 and convey the land for the purpose exclusively of a cemetery 
 
 or place for the burial of the dead. C. 0. 68, s. 10. 
 
56 
 
 CEMETERIES 
 
 PEOVISIONS AFFECTING COMPANIES. 
 
 Interest on 
 paid up elock 
 
 Rights of 
 shareholders 
 
 When no 
 (iividend 
 payable 
 
 11. From and out of the proceeds of the sales of burial 
 sites made by the company the company may pay to its share- 
 holders who may not desire to take land in the cemetery to 
 the full extent of the stock subscribed and paid for by them 
 interest on their paid up stock not represented by land in the 
 cemetery at such rate as may be agreed on not exceeding eight 
 per centum per annum and may also repay to such shareholders 
 the amount of paid up stock held by them not represented by 
 land in the cemetery. 
 
 (2) Every such shareholder of the said company shall be 
 taken to be a shareholder and shall be entitled to all the rights 
 of shareholders in respect of the shares of the capital stock of 
 the company held by him and fully paid up and which are not 
 represented by land in the cemetery until such shares are re- 
 paid to him by the company; and upon the repayment to him 
 of any share he shall cease to be a shareholder in respect of 
 such share. 
 
 (3) Except as aforesaid no dividend or profit of any kind 
 shall be paid by the company to any nieiril>cr thereof. 0. O. 
 68, s. 11. 
 
 ot^pTOMeds ^^' Subject to the provisions in the preceding section con- 
 
 of sale tained one half of the proceeds of all sales of burial sites made 
 
 by the comj^any shall be first applied to the payment of the 
 purchase money of the land acquired by the company and the 
 residue to preserving, improving and embellishing the land as 
 a cemetery and to the incidental expenses of the company ; and 
 after pajmient of the purchase money the proceeds of all future 
 sales shall be applied to the preservation, improvement and em- 
 bellishment of the cemetery and to the incidental expenses 
 thereof and to no other purpose whatever. C. O. 68, s. 12. 
 
 Owner of lot 
 a shareholder 
 
 13. Every proprietor of a lot in the cemetery containing 
 not less than one hundred superficial feet and who has paid 
 twenty-five per cent, or more of the price of the lot shall be 
 deemed a shareholder in the company and every such lot shall 
 be deemed a share in the company. 0. O. 68, s. 13. 
 
 Qualification 
 of directors 
 
 14, Every shareholder who has paid to the company not 
 less than $5 in all on his share or shares shall be eligible as a 
 director. C. 0. 68, s. 14. 
 
 Rfghtsof^ 15. The company may sell a lot of any size; but no pro- 
 
 owners prietor of a lot containing less than one hundred superficial 
 
CEMETERIES 57 
 
 feet shall thereby become a member of the compaiij or have 
 any vote in the management of the affaits thereof. C. O. G8, 
 s. 15. 
 
 16. The affairs and property of the company shall befpardof 
 managed by three directors, a majority of whom shall form a 
 quorum. C. O. 68, s. 16. 
 
 17. The first directors shall be chosen by ballot from among choice of 
 the subscribers to the instrument creating the company ; and 
 thereafter the directors shall be annnally elected by the share- 
 holders on the first Monday in June in every year. C. O. 68, 
 
 s. 17. 
 
 18. Upon every election of directors, including the first, Qualification 
 every shareholder shall be entitled to one vote for every share fjj '^f^jg"'''''" 
 he holds or is possessed of up to ten and one vote for every five 
 
 shares above ten; but no shareholder shall vote imless he has 
 paid at least $2 upon each share upon which he votes. C. O. 
 68, s. 18. 
 
 19.. The directors or a majority of them shall at their first President 
 meeting elect one of their number to be president of the com- 
 pany and the president if present or if he is not present then 
 some director chosen for the occasion shall preside at every 
 meeting of the directors and shall not vote except in case of an 
 equality of votes when he shall have a casting vote. C. 0. 68, 
 s. 19. 
 
 20. The directors may also call for instalments on the sums caiis on stock 
 subscribed for and may appoint a time for the pajnuent thereof 
 
 and if the same are not then paid the right of the snbscril)pr Forfeiture for 
 and every instalment formerly paid shall be forfeited and he 
 shall be held not to have subscribed unless the directors think 
 it expedient to remit the forfeitnre which they may do if the 
 instalments are paid with interest within one year after the 
 day when they ought to have been paid. C. O. 68, s. 20. 
 
 21. The directors shall record in a book kept for the piir- Records 
 pose all their bylaws and proceedings and every shareholder 
 shall have access to such book for the purpose of searching 
 
 and making extracts therefrom without payment of any fee. 
 C. O. 68, s! 21. 
 
 22. The directors may reserve for the exclusive nse of any exci 
 relio:ious society or congregation snch part ot the cemetery and 
 upon such terms and conditions as may be agreed upon. C. O. 
 68, s. 22. 
 
 reservation 
 
CEMETERIES 
 
 Graves for 
 strangers 
 and poor 
 
 33. The company shall furnish graves for strangers and 
 for the poor of all denominations free of charge on the certi- 
 ficate in the latter case of a minister or clergyman of the de- 
 nomination to which the deceased belonged that the relatives 
 of the deceased are poor and cannot afford to purchase a lot in 
 the cemetery. C. O. 68, s. 23. 
 
 GBNEEAL PEOVISIOKTS. 
 
 Walls and 
 fences 
 
 Repair of 
 property 
 
 Drains and 
 sewers 
 
 Penalty for 
 fouling water 
 
 Suit for 
 penalty 
 
 Limitation 
 of action 
 
 34. The company shall within two years from its incorpora- 
 tion and the trustees shall within two years from their ap- 
 pointment by walls or other fences inclose every part of the 
 cemetery held by them. C. 0. 68, s. 24. 
 
 85. The company or trustees as the case may be shall keep 
 the cemetery and the buildings and fences thereof in complete 
 repair and in good order and condition. C. 0. 68, s. 25. 
 
 36. The 'company or trustees as the case may be shall 
 make all proper and necessary sewers and drains in and about 
 the cemetery for draining it and keeping it dry ; and they may 
 from time to time as occasion requires cause any such sewer 
 or drain to open into an existing sewer with the consent in 
 writing of the persons having the management of the street 
 or road and with the like consent of the owner or occupier of 
 the land through which or part of which the opening is in- 
 tended to be made doing as little damage as possible to the 
 street, road or land wherein the same is made and restoring it 
 to the same or as good condition as it was in before being dis- 
 turbed. C. 0. 68, s. 26. 
 
 37. If the company or trustees as the case may be at any 
 time cause or suffer to be brought to or to flow in any river, 
 spring, well, stream, canal, reservoir, aqueduct, pond or water- 
 ing place any offensive matter from the cemetery whereby the 
 water is fouled the company or trustees as the case may be 
 shall forfeit for every such offence $500. C. O. 68, s. 27. 
 
 38. The said penalty with full costs of suit may by a civil 
 action in any court of competent jurisdiction be recovered by 
 any person having a right to use the water; but the penalty 
 and costs shall not be recoverable unless sued for during the 
 continuance of the offence or within six months after it has 
 ceased. C. O. 68, S; 28. 
 
 Further 
 penalty 
 
 39. In addition to the penalty of $500 (and whether the 
 same has been recovered or not) any person having a right to 
 use the water may sue the company or trustees as the case may 
 
CEMETERIES 59 
 
 be in a civil action for any damage specially sustained by him 
 by reason- of the water being fouled or if no special damage 
 is alleged then for the sum of $10 for every day during which 
 the offensive matter has continued to be brought or to flow 
 after the expiration of twenty-four hours from the time when 
 the notice of the offence was by such person served upon the 
 company or trustees as the case may be. C. O. 68, s. 29. 
 
 30. ISTo body shall be buried in a vault or other space under no grave near 
 any chapel or other building in the cemetery nor within fifteen ^""'""ss 
 feet of the outer wall of any such chapel or building. C. O. 
 
 68, s. 30. 
 
 31. The company or trustees as the case may be shall make proper 
 regulations to ensure all burials within the cemetery being funerals °' 
 conducted in a decent and solemn manner. C. 0. 68, s. 31. 
 
 -') 
 
 33. The real estate of the company or trustees and the lots Exemption 
 or plots when conveyed by the company or trustees to indi- '™"' ''"''"'* 
 vidual proprietors for burial sites shall be exempt from taxa- 
 tion of any kind and shall not be liable to be seized or sold 
 under execution. C. O. 68, s. 32. 
 
 ■^j 
 
 33. The directors of the company may pass bylaws and the Bylaws 
 trustees may frame regulations for the laying out, selling and 
 management of the cemetery and for regulating the erection 
 
 of tombs, monuments and gravestones therein ; and the direc- 
 tors of the company may pass bylaws empowering the presi- 
 dent to execute conveyances of plots to shareholders. C. O. 
 68, s. 33. 
 
 34. The directors shall keep a record of the bylaws and the Record of 
 trustees shall keep a record of the regulations referred to in LnlTburiais 
 the next preceding section and the directors and trustees re- 
 spectively shall also keep a separate record of all burials show- 
 ing name, age, occupation and date of burial of all persons 
 buried within the cemetery and in case they cannot get all the 
 particulars a note of such must be made in the margin and 
 
 every person shall have access to such last mentioned record 
 for the purpose of searching and making extracts therefrom 
 without payment of any fee. C. O. 68, s. 34. 
 
 3.5. Any person who in a cemetery established under this Penalties 
 Ordinance : 
 
 (a) Plays any game or sport; or 
 
 (&) Discharges fire arms (save at a military funeral) ; or 
 
 who 
 (c) Commits a nuisance therein; 
 
60 
 
 Liability of 
 trustees 
 
 CHOSES IN ACTION 
 
 shall on summary conviction thereof be liable to a fine not ex- 
 ceeding $100 and costs of prosecution. C. O. 68, s. 35. 
 
 36. The trustees shall be personally liable for any judgment 
 recovered against them as trustees. C. O. 68, s. 36. 
 
 CHATTEL MORTGAGES. 
 
 See BILLS OF SALE. 
 
 CHEESE. 
 
 See DAIEY ASSOCIATIONS. 
 
 CHANGING NAMES OF COMPANIES. 
 
 See COMPANIES. 
 
 CHEMISTS AND DRUGGISTS. 
 
 See PIIAEMACEUTICAL ASSOCIATIONS. 
 
 CHILDREN. 
 
 See ILLEGITIMATE. 
 INFANTS. 
 INSUEANCE. 
 SDPPOET OF ILLEGITIMATE CHILDHEN. 
 
 CHIMNEYS. 
 
 See CONSTEUCTION OF CHIMNEYS. 
 
 CHURCH LANDS. 
 
 See EEAL PEOPEETY. 
 
 CO. 1898, c. 41 
 15 March, 1899 
 
 CHOSES IN ACTION. 
 
 An Ordinance respecting Choses in Action. 
 
 THE Lieutennt Governor by and with the a 
 consent of the Legislative Assembly of the 
 enacts as follows : 
 
 dvioe and 
 l.orritories 
 
 Assign tnent 
 of debts and 
 choses in 
 action 
 
 1. Every debt and any chose in action arising out of con- 
 tract shall be assignable at law by any form of writing which 
 shall contain apt words in that behalf but subject to such 
 conditions and restrictions in respect to the right of transfer 
 as may appertain to the original debt or as may be connected 
 with or be contained in the original contract and the assignee 
 
CHOSES IN ACTION 61 
 
 thereof may bring an action thereon in his own name as the 
 party might to whom the debt was originally owing or to 
 whom the right of action originally arose or he may proceed 
 in respect of the same as though this Ordinance had not been 
 passed. C. O. 41, s. 1. (a) 
 
 2. The term "assignee" in the next preceding section shall "Assignee" 
 include any person now being or hereafter becoming entitled 
 
 to any first or subsequent assignment or transfer or any 
 derivative title to a debt or chose in action and possessing at 
 the time of the suit or action being instituted the whole and 
 entire beneficial interest therein and the right to receive the 
 subject or proceeds thereof and to give effectual discharge 
 therefor. C. O. 41, s. 2. 
 
 3. The plaintiff in anv action or suit for the reco\'erY of the Action for 
 
 « . " 1 . |. ■ . , " , debt, on 
 
 subject of any assignment made m conformity with the two assignment 
 next preceding sections shall in his statement of claim set 
 forth briefly the chain of assignments showing how he claims 
 title but in all other respects the proceedings may be the same 
 as if the action were brought in the name of the original 
 creditor or of the person to whom the cause of action accrued. 
 C. O. 41, s. 3. 
 
 4. In case of any assig-nment of a debt or chose vi actioiiKqmtieaof 
 arising out of contract and not assignable by delivery such assignor 
 assignment shall be subject to any defence or set-off in respect 
 
 of the whole or any part of such debt or chose in action arising 
 out of contract existing at the time of the notice of assign- 
 ment to the debtor or person sought to be made liable in the 
 same manner and to the same extent as such defence or set- 
 off would be effectual in case there had been no assignment 
 thereof and such defence or set-off shall apply as between the 
 debtor and any assignee of such debt or chose in action arising 
 out of contract. C. O. 41, s. 4. 
 
 nee 8 
 
 5. In case of any assignment made in conformity with the Assigne 
 
 f • j-i, J 1 + rights after 
 
 provisions hereof and notice thereof given to the debtor ornoUce^to 
 person liable in respect of the subject of such assignment the 
 assignee shall have, hold and enjoy the same free of any 
 claims, defences or equities which rftay have arisen subsequent 
 to such notice by any act of the assignor or otherwise. C. 0. 
 41, s. 5. 
 
 6. The bonds or debentures of corporations made payable secimties^^^ 
 to bearer or any person named therein or bearer may be by delivery 
 transferred by delivery alone and such transfer shall vest the 
 
62 CLERKS OF COURT AND DEPUTIES 
 
 property in such bonds or debentures in the transferee or in 
 the holder thereof and any such holder may bring any action 
 or suit on or in respect of any such bonds or debentures in 
 his own name. C. 0. 41, s. 6. 
 
 Negotiable 
 instruments 
 
 7. The provisions of the preceding sections shall not be con- 
 strued to apply to bills of exchange or promissory notes or 
 instruments which are negotiable or in respect of which the 
 property therein passes by mere delivery. C. 0. 41, s. 7. 
 
 CIVIL JUSTICE. 
 
 See JUDICATUKE. 
 
 CIVIL SERVICE. 
 
 8ee PUBLIC seevice. 
 
 DEPAETMENTS. 
 
 CO. 1898, c. 23 
 15 March, 1899 
 
 CLERKS OF COURT AND DEPUTIES. 
 
 An Ordinance respecting Clerks and Deputy Clerks. 
 
 T 
 
 HE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 
 enacts as follows : 
 
 DEPUTY CLEEKS. 
 
 Clerks of 
 coiirr. to 
 appoint 
 deputies 
 
 1. The clerks of the Supreme Court of the ISTorth-West 
 Territories for the judicial districts of JSTorthern Alberta, 
 Southern Alberta, Saskatchewan, Western Assiniboia and 
 Eastern Assiniboia shall respectively appoint a deputy at Ed- 
 monton, Medicine Hat, Battleford, Moose Jaw and Yorkton 
 and such deputy clerk shall have and perform the powers, 
 duties and obligations hereinafter mentioned. - 
 
 (2) In the event of any deputjj^ clerk's district being 
 hereafter established the cleric of the Supreme Court of the 
 judicial district within which such deputy cleric's district is 
 established shall appoint a deputy rvhose office shall be at such 
 place as the Lieutenant Governor in Council shall designate; 
 and such deputy clerk when so appointed shall have and 
 perform the powers, duties and obligations hereinafter 
 mentioned. C. 0. 22, and 1900, c. 6, s. 1. 
 
CLERKS OF COURT AND DEPUTIES 63 
 
 DEPUTY clerks' DISTEIOTS. 
 
 3. For the purposes hereinafter mentioned the respective Districts of 
 districts of the said deputy clerks shall be as follows : deputies 
 
 The district of the deputy clerk at Edmonton shall consist Edmonton 
 of all the district of Alberta lying north of townships 42 ; 
 
 The district of the deputy clerk at Medicine Hat shall con- Medicine Hat 
 sist of all that portion of the provisional district of Assiniboia 
 lying west of the line between ranges 23 and 24 west of the 
 third meridian; 
 
 The district of the deputy clerk at Battleford shall consist Battietord 
 of that portion of the provisional district of Saskatchewan 
 lying west of the line between ranges 11 and 12 west of the 
 third meridian; 
 
 The district of the deputy clerk at Moose Jaw shall consist Moose Jaw 
 of all that portion of the jiidicial district of Western Assiniboia 
 lying west of the line between ranges 23 and 24 west of the 
 second meridian and east of the west line of tlie t\venty-third 
 range of townships west of the third meridian; 
 
 The district of the deputy clerk at Yorkton shall consist of Yorkton 
 all that portion of the judicial district of Eastern Assiniboia 
 lying north of a line which may be described as follows : Com- 
 mencing at the point where the line between townships 20 
 and 21 in the Dominion lands sj'stem of siirvev intersects 
 the western boundary of the province of Manitoba ; thence 
 westerly following the said line between townships 20 and 
 21 to its intersection with the line between ranges 'T and 8 
 west of the second initial meridian ; thence northerly alone the 
 
 •" ij CD 
 
 line between the said ranges 7 and 8 to its intersection with the 
 line between townships 22 and 23 ; thence westerly along 
 the line between the said townships 22 and 23 to its inter- 
 section with the line between ranges 10 and 11 west of the 
 second initial meridian in the Dominion lands system of 
 survey. 
 
 (2) The Lieutenant Governor in Council shall have power ueutenunt 
 to alter the boundaries of any deputy clerk's district now or mft^make 
 hereafter established by adding thereto or taking therefrom ^^^' '*''"° ** 
 and to establish new districts. C. O. 22, s. 2, and c. 6 of 
 1900, s. 2. 
 
 DEPUTY clerks" POWERS AND DUTIES. 
 
 3. AH actions and other proceedings commenced in the office ^^'^'^^^ action 
 of any one of the said deputy clerks shall be carried on in the commenced 
 same office and in respect thereof such deputy clerk shall in duties of 
 all respects have and perform all the powers, duties and obliga- ggai and books 
 
64 
 
 CLERKS OF COURT AND DEPUTIES 
 
 Probate 
 
 Guarflianship 
 of persons 
 
 Guardianship 
 of estates 
 
 tions of the clerk of the conrt for his judicial district; and 
 such deputy clerks respectively shall have and use a duplicate 
 of the seal of the court used by the clerks of their respective 
 judicial districts and keep such books as are kept by the clerks. 
 
 (2) And in respect of the following matters: 
 
 (a) Applications for letters probate or letters of admin- 
 istration where the deceased died within a deputy 
 clerk's district or where the whole of the estate in 
 respect whereof letters probate or letters of admin- 
 istration are applied for lies within a deputy clerk's 
 district ; 
 
 (b) Applications for the appointment of a guardian of 
 the estate of an infant or a lunatic where the infant 
 or the lunatic resides within the deputy clerk's dis- 
 trict ; 
 
 (c) Applications for the appointment of a guardian of 
 the estate of an infant or a hmatic where the infant 
 or the lunatic resides within the deputy clerk's dis- 
 trict; or where the whole of the estate to be affected 
 lies within a d.eputy clerk's district ; 
 
 Proceed] ngs 
 eomnier)cii.er 
 ■without writ 
 
 (d) Proceedings commenced by 
 
 originating 
 
 summons 
 
 and proceedings originating by petition, notice of 
 motion or judge's summons where the advocate for 
 the application resides in a deputy clerk's district; 
 
 such deputy clerk shall and in applications of the character of 
 those marked (a) and (c) where a part only of the property 
 to be affected lies within a deputy clerk's district siich deputy 
 clerk may have and perform all the powers, duties and obliga- 
 tions of the clerk of his judicial district. C. 0. 2.2, s. 3. (a) 
 
 Examination 
 for discovery 
 
 4. In any action, suit or other proceeding wherever com- 
 menced in case it is desired to examine a person for discovery 
 and such person resides within the district of one of the said 
 deputy clerks such deputy clerk shall for the purpose of such 
 examination have and perform all the powers, duties and obli- 
 gations of the clerk of his judicial district. C. 0. 22, s. 4. 
 
 Appeals from 
 convictions 
 
 5. In respect of appeals from convictions or orders made by 
 a justice of the peace under the authority of any Ordinance 
 relating to matters within the legislative authority of the 
 Legislative Assembly of the Territories or under the authority 
 of a municipal bylaw where the conviction or order is made 
 within the district of any one of the said deputy clerks the 
 office of such deputy clerk shall be the office of the court in 
 
CLERKS OF COURT AND DEPUTIES 
 
 ■which all proceedings relating to such appeal shall be carried 
 on and in respect thereof such deputy clerk shall have and 
 perform all the powers, duties and obligations of the clerk of 
 his judicial district. C. O. 22, s. 5. 
 
 6. The provisions of this Ordinance shall not apply to any pending 
 business pending at the time of the passing hereof and such 
 business shall be completed in the office of the clerk or deputy 
 clerk in which the same is pending. C. O. 22, s. 6. 
 
 PEOCESS ISSUEES. 
 
 7. In any section of the Territories where the convenience Process 
 of the public may be the better served the clerk with the 
 approval of the judge may also appoint a process issuer who 
 being supplied with blank forms original and mesne processes 
 signed by the clerk may issue the same under his direction 
 from time to time, such process issuer countersigning each 
 
 one so issued and making returns of all processes so issued to 
 the clerk as required by the clerk or as directed by the judge 
 and in such cases the clerk and his sureties shall be responsible 
 for all the acts and omissions of such issuer. 
 
 (2") In this section the expression "clerk" shall, as to iS,e Authority to 
 
 ^ ■' '- appoint 
 
 districts described in section 2 hereof mean the deputy cZer/c process 
 for such districts respectively. C. O. 22, s. 7, and 1899 c. 6, 
 s. 1. 
 
 SECUEITIES AND OATHS OF OEFICE OF CLEEKS. 
 
 8. Every clerk before entering upon the duties of his office cierk to file 
 and if after entering upon his duties a new security is sub- security 
 stituted for any previously given shall file in the office of the ° ° 
 Territorial secretary a copy certified as such by the Secretary 
 
 of State for Canada of the security required by and given 
 under The North-West Territories Act or of such substituted 
 security. C. O. 22, s. 8. 
 
 9. Such security shall be available to and may be ^i^®^ f l^^'g^^j^Y 
 upon by any person suffering damages by the default, breach 
 
 of duty or misconduct of such clerk. C. O. 22,, s. 9. 
 
 10. A copy of such security purporting to be such certified Cerufled copy 
 by the Territorial . secretary shall be received in all courts as 
 
 prima facie evidence of the due execution and contents 
 thereof without further proof. C. O. 22, s. 10. 
 
 11. Every deputy clerk before entering upon the duties oi^^w^l <=>«'k 
 his office shall give security to the Lieutenant Governor to the se™''"^ 
 satisfaction of the Lieutenant Governor in Council in the sum 
 
 4a 
 
66 
 
 CLERKS OF COURT AND DEPUTIES 
 
 of one thousand dollars for the due performance of the duties 
 and obligations of his said office and for the due payment over 
 to the persons entitled thereto of qll moneys received by him 
 ^Mon°o'n ^^ virtue of his said office and any person sustaining damage 
 aeounty j^y j-eason of nonperformance or improper or undue perform- 
 
 ance of any such duties or obligations or by reason of the non- 
 payment over of any such moneys shall have and possess a 
 right of action against such deputy clerk and his sureties upon 
 such security for the amount of such damages. C. O. 22, s. 11. 
 
 ?esponsM'^e ^^' "^^^ clerks respectively for the said judicial districts of 
 
 for deputies N"orthern Alberta, Southern Alberta, Saskatchewan, Western 
 Assiniboia and Eastern Assiniboia shall not after the giving 
 of such security by their said respective deputies be answerable 
 or accountable for the acts or nonperformance or improper 
 performance of the duties and obligations of their respective 
 deputies. C. 0. 22, s. 12. 
 
 tJierkand 13. Every clerk and everv deputv clerk appointed under 
 
 deputy to take _ _ '' „ r „ jri ^ ^ 
 
 oathofoftice the provisions of any Ordinance of the Territories in that 
 behalf shall upon appointment and before entering upon the 
 duties of his office take the oath of office in the form in the 
 schedule to this Ordinance and also the oath of allegiance. 
 
 (2) All such oaths shall be filed in the office of the clerk 
 of the Execiitive Council immediately after being taken. C. 
 0. 22, s. 13. 
 
 VACANCY. 
 
 books^eto°" °' ^^' Whenever a vacancy occurs in the office of clerk and 
 ^^^j5g™<'*"<'y until the same be filled by the proper authority the books, 
 records, moneys and other matters and things the property of 
 the Government of the Territories shall be handed over by the 
 person in whose possession or control they may be to the per- 
 son lawfully performing the duties of the clerk. 
 
 Forcible (2) Without preiudice to any other powers of the court or 
 
 recovery of^^^ ij j r 
 
 office hooks, judge by way of attachment, committal or otherwise, the judge 
 may on summary application make an order directing the 
 sheriff or other person named by him to take and seize such 
 books, records, moneys and other things wheresoever foimd and 
 for such purpose may authorise such sheriff or other person 
 to break and open any doors and windows, buildings or 
 inclosures and such order shall be full justification to such 
 sheriff or other person for any action taken in pursuance 
 thereof. C. O. 22, 8.14, and 1900 c. 6, s. 3. 
 
CLERKS OF COURT AND DEPUTIES 67 
 
 PEOHIBITION FROM PEACTICE AS ADVOCATE. 
 
 15. ISTo clerk or deputy clerk while holding office shall cierk or 
 practise as an advocate of the Territories or be a member of ao?as'^ "° 
 any firm of advocates practising in the Territories. C. O. 23, 
 
 s. 15. 
 
 BOOKS AND S-OEMS. 
 
 16. All necessary books and forms required for use in the Books 
 
 ^ and forms 
 
 clerk's or deputy clerk's offices shall be provided by and be the 
 property of the j^orth-West Government. C. O. 22, s. 16. 
 
 FEES TO CLEEKS AND DEPUTIES. ANNUAL EETUENS TO TEEEI- 
 TOEIAL TEEASUEEB. 
 
 17. For the purposes of the following sections : interpretation 
 
 1. The word "clerk" shall mean and include the clerk of the "*-"''''''" 
 Supreme Court of the North-West Territories for each of the 
 judicial districts and their respective deputies appointed under 
 the provisions of this Ordinance ; 
 
 2,. The word "fees" shall mean and include all fees and "Fees" 
 allowances payable to clerks under the provisions of The Judi- 
 cature Ordinance or rules of court and all fees payable to such 
 clerks as registration clerks under the provisions of The Bills 
 of Sole Ordinance, An Ordinance respecting Hire Receipts^ 
 and Conditional Sales of Goods and An Ordinance respecting 
 Partnerships and any amendments to the said Ordinances or 
 any other Ordinance of the Territories. C. O. 22, s. 17. 
 
 18. All fees upon interlocutory motions, summonses and^lgt^g^^ 
 , orders made or granted in chambers shall be paid to the clerk 
 
 of the judicial district or division of the judicial district in 
 which the proceedings are taken. C. O. 22, s. 18. 
 
 19. Every clerk shall keep a chamber book in which such chamber book 
 proceedings shall be entered. C. O. 22, s. 19. 
 
 20. Every clerk shall keep a separate book in which he f^ffe retried 
 shall enter from day to day all fees and emoluments received 
 
 by him under and by virtue of the said Ordinances and amend- 
 ments showing therein separately the fees received by him for 
 each service performed under any of the said Ordinances and 
 amendments and such further facts and information as the 
 Lieutenant Governor may from time to time require. C. O. 
 22, s. 20. 
 
68 
 
 CLERKS OF COURT AND DEPUTIES 
 
 atStementof ^^' Every clerk shall on or before the fifteenth day of 
 eea received January in each year make up a statement in duplicate from 
 such book and return the same to the Territorial treasurer 
 verified under oath; such statement shall set forth the total 
 amount of fees which have been received by such clerk during, 
 the twelve months ended on the thirty-first day of December 
 next preceding. C. O. 22, s. 21. 
 
 to/inspeotum" ^^' -Each clerk shall produce such book at any time during 
 his lawful office hours for inspection by any person appointed 
 by the Lieutenant Governor for that purpose. C. O. 22, s. 22. 
 
 obtoinabie ^'^' Every clerk shall be entitled to ret^^in to his own use in 
 
 b7 clerk gj^^j^ j^^^ ^U the fecs received by him in that year up t» 
 
 $1,500. 
 
 (2,) Of the further fees and emoluments received by each 
 clerk in each year in excess of $1,500 and not exceeding $2,000 
 he shall be entitled to retain to his own use seventy per cent, 
 and no more. 
 
 (3) Of the further fees and emoluments received by each 
 clerk in each year in excess of $2,000 not exceeding $2,500 
 he shall be entitled to retain to his own use sixty per cent, and 
 no more. 
 
 (4) Of the further fees and emoluments received by each 
 clerk in each year in excess of $2,500 and not exceeding $3,000 
 he shall be entitled to retain to his own use fifty per cent, and 
 no more. 
 
 (5) Of the further fees and emoluments received by each 
 clerk in each year in excess of $3,000 and not exceeding $3,500 
 he shall be entitled to retain to his own use forty per cent, and 
 no more. 
 
 (6) Of the further fees and emoluments received by each 
 clerk in each year in excess of $3,500 he shall be entitled to 
 retain to his own use thirty per cent, and no more. 
 
 ?f*"e'rk^by"°" (''') Notwithstanding anything in this section contained the 
 salary Lieutenant Governor in Council may order that all fees 
 
 received by any clerh shall be paid to the Territorial treasurer 
 by such cleric within the first five days of the month following 
 the month in which such fees are received; and as compensa- 
 tion in lieu of fees such clerh and his deputy in office (if there 
 he one) shall be paid such annual salary as the Lieutenant 
 Governor in Council determines; and such payment to the 
 Territorial treasurer shall be accompanied by a statement in 
 
CLERKS OF COURT AND DEPUTIES 69 
 
 such form as the attorney general may prescribe verified 
 under oath showing the amount of the fees received. 0. 0. 
 22, s. 2,3, and 1901, c. 14, s. 1. 
 
 34. With the statement in section 21 of this Ordinance Proportion of 
 mentioned each clerk shall transmit to the Territorial treas- Terri'torfaF'" 
 iirer such proportion of the fees received by him during the 
 preceding year as under this Ordinance he is not entitled to 
 
 retain to his own iise. C. O. 22, s. 24. 
 
 35. Any clerk who fails to keep the books required to be Penalty for 
 
 ■L 1- 1 • 11 • • 1 c 1 /• •! neglect to 
 
 kept by him under the provisions hereof or who fails to enter keep books 
 therein any fee or fees received by him and required by the 
 provisions hereof to be entered therein shall for each such 
 offence be liable on summary conviction to a penalty not ex- 
 ceeding $20. C. O. 22, s. 2,5. 
 
 36. Any clerk who shall fail to transmit to the Territorial Penalty for 
 
 ^ ^ Dontransmis- 
 
 Ireastirer on or before the fifteenth day of January in any s>on ot annual 
 
 •' . statement 
 
 year the statement mentioned in section 21 hereof verified as 
 therein provided shall on summary conviction be liable to a 
 penalty of $20 for each day after that date he shall fail to 
 transmit the same so verified. 0. O. 22, s. 26. 
 
 3T. Any clerk who fails to transmit to the Territorial ^^.^^^^'^^'^^^3 
 treasurer with the statement in section 21 of this Ordinance 
 mentioned the proportion of fees required to be so transmit+od 
 by him under the provisions of section 24 hereof shall for 
 every such offence be liable on summary conviction to a pen- Penalty 
 alty of $20 for each day after the fifteenth day of January 
 that he shall fail to transmit the same. C. O. 22, s. 27. 
 
 38. The fees and moneys received by the Territorial Money to^go 
 treasurer under the provisions hereof shall form part of the revenue fund 
 general revenue fund of the Territories. C. O. 22, s. 28. ^ 
 
 SCHEDULE. 
 Clerk's Oath of Office. 
 
 I do swear that I will truly and 
 
 faithfully perform the several duties of clerk of 
 
 the Supreme Court of the iSTorth-West Territories 
 
70 COAL MINES 
 
 Judicial District of to which 
 
 T have been appointed without fear, favour or malice. So help 
 me God. 
 Sworn before me at \ 
 
 in the North-West Territories, J- 
 
 this day of 1 . J 
 
 COAL MINES. 
 
 CO. 1898, c. 16 An Ordinance tc make Resfulations with respect to 
 
 15 March, 1899 ^ i -^ r- 
 
 Coal Mines. 
 
 THE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 SHORT TITLE. 
 
 Short title 1. This Ordinance may be cited as "The Coal Mines Regu- 
 
 lations Ordinance." C. O. 16, s. 1. 
 
 INTEEPEETATION. 
 
 Interpretation 3. In this Ordinance unless the context otherwise requires: 
 
 "Mine" i_ The expression "mine" includes every shaft in the 
 
 course of being sunk and every level and inclined plane in the 
 course of being driven for commencing or opening any coal 
 mine, and all the shafts, levels, planes, works, machinery, 
 tramways and sidings, both below ground and above ground, 
 in and adjacent to a coal mine, and any such shaft, level and 
 inclined plane belonging to such coal mine; 
 
 "Shaft," 2. The expression "shaft"' includes pit ; 
 
 "Plan" 3. The expression "plan" includes a map and cross section 
 
 and a correct copy or tracing of any original plan as so de- 
 fined; 
 
 "Owner" 4. The expression "owner" when used in relation to any 
 
 mine means any person or body corporate who is the im- 
 mediate proprietor or lessee or occupier of any mine or of any 
 part thereof, and does not include a person or body corporate 
 who merely receives a royalty, rent or fine from a mine or is 
 merely the proprietor of a mine subject to any lease, grant or 
 licence for the working thereof and is merely the owner of the 
 soil and not interested in the minerals of the mine; but any 
 contractor for the working of a mine or any part thereof shall 
 be subject to tbis Ordinance in like manner as if he were an 
 owner but so as not to exempt the owner from any liability; 
 
COAL MINES 71 
 
 5. The expression "agent" when nsed in relation to any "Agent' 
 mine means any person having on behalf of the owner care or 
 direction of any mine or of any part thereof, and superior to 
 
 a manager appointed in pursuance of this Ordinance ; 
 
 6. The expression "commissioner" means the commissioner "Commis- 
 of public works for the Territories ; ''°°^"'" 
 
 7. The expression "inspector" means an inspector appointed "inspector- 
 imder the provisions of this Ordinance; 
 
 8. The expression "manager" means a manager holding "Manager" 
 a certificate of competency under the provisions of this Ordin- 
 ance; 
 
 9. The expressions "pit boss" and "fire boss" mean respec- "Pit boss" ' 
 tively a pit boss and fire boss holding certificates as such *" 
 issued under the provisions of this Ordinance; 
 
 10. The expression "board" means the board of examiners "Board" 
 provided by this Ordinance. C. 0. 16, s. 2. 
 
 EMPLOYMENT OF PERSONS IN COAL MINES. PEJICAUTIONS FOK 
 
 SAFETY. 
 
 3. The owner, agent or manager of every mine to which Register of 
 this Ordinance applies shall keep in the office at the mine a '""^ "^ "'^ 
 register and shall cause to be entered in such register the name, 
 
 age; residence and date of first employment of all persons 
 employed in connection with the mine, and shall produce such Production of 
 register to any inspector under this Ordinance at all reasonable 
 times when required by him, and allow hini to inspect and 
 copy the same. C. O. 16, s. 3. 
 
 4. No boy under the age of twelve years nor any womo/; pg^gons 
 
 or girl of any age shall he employed or he permitted to he in"°\^^^^^^^^^ 
 the worhiyigs of any mine. 1899, c. 4, s. 1 ; rep. in part 1900, . 
 c. 3, s. 1. 
 
 5. When there is a shaft or incline plane or level in any Entrance to 
 
 ^ " mine or com- 
 
 mine to which this Ordinance applies, whether for the purpose munication 
 
 ^ i- ' .J, with parts 
 
 of an entrance to such mine or of a conmiunication from one 
 part to another of such mine, and persons are taken up or 
 down or along such shaft, plane or level by means of an 
 engine, windlass or gin, driven or worked by steam or mechani- whoshaiuiot 
 cal power or by an animal or by manual labour, a person shall of machinery, 
 not be allowed to have charge of such engine, windlas or gin 
 or of any part of the machinery, ropes, chains or tackle con- 
 nected therewith unless he is a male of at least eighteen years 
 of age. C. 0. 16, s. 5. 
 
72 
 
 COAL MINES 
 
 Failure to 6. If any person contravenes or fails to comply with or 
 
 comply with -t r j- •! , i 'iX, „„„ 
 
 registration or permits any person to contravene or lail to comply vpitn any 
 
 employment ^ „-,. . -, ,j_li •xj.- -f 
 
 regulations is provision of this Ordinance with respect to the registration oi 
 
 an offence ^ . , „ 
 against 
 
 Ordinance 
 
 persons employed in such mine or to the employment of per- 
 sons about any engine, windlass or gin, he shall be guilty of 
 an offence against this Ordinance; and in case of any such 
 contravention or noncompliance by any person whomsoever 
 the owner, agent and manager shall each be guilty of an offence 
 against this Ordinance. C. O. 16, s. 6. 
 
 Misrepre- 
 sentation 
 as to age 
 
 7, If it appears that a person employed in any mine or 
 about an engine, windlass or gin connected therewith was 
 employed on the representation of his parent or guardian that 
 he was of that age at which his employment would not be in 
 contravention of this Ordinance, and under the belief in good 
 faith that he was of that age the owner, agent or manager of 
 the mine and employer shall be exempt from any penalty in 
 case it shall appear that the person so employed was not of 
 such age and the parent or guardian making such false repre- 
 sentation shall be deemed guilty of an offence against this 
 Ordinance. C. 0. 16, s. 7. 
 
 Persons not to 
 work in mine 
 unless every 
 seam has 
 two shafts 
 
 Means of 
 communica- 
 tion and of 
 ingress and 
 eerress to be 
 provided 
 
 Proviso 
 
 8. ISTotwithstanding any contract or agreement to the con- 
 trary the owner, agent or manager of a mine to which this 
 Ordinance applies shall not employ any person in such mine 
 or permit any person to be in such mine for the purpose of 
 employment therein unless there are in communication with 
 every seam of such mine for the time being at work at least 
 two shafts or outlets separated by natural strata of not less 
 than ten feet in breadth, by which shafts or outlets means of 
 ingress and egress are available to the persons employed in 
 such seam whether such two shafts or outlets belong to the 
 same mine or one or more of them belong to another mine, and 
 unless there is a communication of not less than four feet wide 
 and three feet high between such two shafts or outlets, and 
 unless there is at each of such two shafts or outlets or upon 
 the works belonging to the mine and either in actual use or 
 available for use within a reasonable time proper apparatus 
 for raising or lowering persons at each such shaft or outlet: 
 
 Provided that sUch separation shall not be deemed incom- 
 plete by reason only that openings through the strata between 
 the two shafts or outlets have been made for temporary pur- 
 poses of ventilation, drainage or otherwise, or in the case of 
 mines where inflammable gas has not been found within the 
 preceding twelve months for the same purposes although not 
 temporary. C. 0. 16, s. 8. 
 
COAL MINES 73 
 
 9. Every owner, agent or manager of a mine who acts in Contravention 
 
 . ° ° oftoregoing 
 
 contravention oi or fails to comply with the last preceding ^"^ owner 
 
 ^ !icr6nt or 
 
 section shall be guilty of an offence against this Ordinance, nianager 
 C. O. 16, s. 9. 
 
 10. The Supreme Court or any judge thereof whether any w;orking of 
 other proceedings have or have not been takefn may upon the prohibited 
 application of any person authorised thereto by the commis- 
 sioner prohibit by injunction the working of any mine in 
 
 which any person is employed or is permitted to be for the 
 purpose of employment in contravention of section 8 hereof 
 and may award such costs in the matter of the injunction as 
 the court or judge thinks just; but this provision shall be 
 without prejudice to any other temedy permitted by law for 
 enforcing the provisions of this Ordinance. 
 
 (2) Written notice of the intention to apply for such 
 injunction in respect of any mine shall be given to the owner, 
 agent or manager of such mine not less than ten days before 
 the application is made. C. O. 16, s. 10. 
 
 11. The provisions of this Ordinance with respect to shafts '^''f.". 
 or outlets shall not apply in the following cases, that is to say : ghau^not 
 
 1. In the case either of opening a new mine for the purpose 
 of searching for or proving minerals or-of any working for the 
 purpose of making a communication between two or more 
 shafts, so long as not more than twenty persons are employed 
 below ground at any one time in the whole of the different 
 seams in connection with each shaft or outlet in such new 
 mine or such working; 
 
 2. In the case of any proved mine so long as it is exempted 
 in writing by the commissioner on the ground either : 
 
 (a) If the mine is not a mine with inflammable gas, that 
 sufficient provision has been made against danger 
 from other causes than explosions of gas by using 
 stone, brick or iron in the place of wood for the lining 
 of the shaft and the construction of the mid wall ; or 
 
 (&) That the workings in any seam of a mine have 
 reached the boundary of the property oi other ex- 
 tremity of the mineral field of which such seam is 
 a part, and that it is expedient .to work away the 
 pillars already formed in course of the ordinary 
 working ; 
 
 and so long as there are not employed below ground at any one 
 time in the whole of the different seams in connection with the 
 shaft or outlet in any such mine more than ten persons, or (if 
 
74 
 
 COAL MINES 
 
 the mine is not a mine with inflammable gas) then such larger 
 number of persons as may for the time being be allowed by 
 the commissioner. C. 0. 16, s. 11. 
 
 Parts of mine 
 
 worked 
 
 separately 
 
 treated as 
 
 separate 
 
 mines 
 
 Objection to 
 division of 
 mine into 
 parts 
 
 13. Where two or more parts of a mine are worked separ- 
 ately the owner, agent or manager of the mine shall give notice 
 in writing to that effect to the commissioner, and thereupon 
 each such part shall for all the purposes of this Ordinance 
 be deemed to be a separate mine. 
 
 (2) If the coromissioner is of Opinion that the division 
 of a mine in pursuance of this section will permit of the 
 evasion of the provisions of this Ordinance or in any way 
 prevent the carrying of this Ordinance into effect, he may 
 object to such division by notice served on the owner or agent 
 of the mine. C. 0. 16, s. 12. 
 
 Daily 
 
 supervision 
 of manager 
 
 Penalty for 
 workiug 
 without 
 manager 
 
 Exemption 
 
 MANAGEES OF MINES. 
 
 13. Every mine to which this Ordinaiice applies shall 
 except as hereinafter provided be under the control and daily 
 supervision of a manager who has obtained a certificate of 
 competency in accordance with the provisions of this Ordin- 
 ance. 
 
 (2) If any mine to which this Ordinance applies is worked 
 for more than thirty days without there being siich a manager 
 the owner and agent of such mine shall each be guilty of aa 
 offence against this Ordinance. 
 
 (3) A mine in which less than twenty persons are ordi- 
 narily employed below ground shall be exempt from the pro- 
 visions of this section unless the commissioner by notice in 
 writing served on the owner or agent of such mine requires 
 the same to be under the control of a manager. C. O. 16, s. 13. 
 
 Contractor 14. A Contractor for the mining of coal or a person em- 
 
 cannot be . 
 
 a manager ployed by such Contractor shall not be eligible for the position 
 of manager in any mine operated imder the provisions of this 
 Ordinance. C. 0. 16, s. 14. 
 
 Certificate 
 of manager 
 
 15. A certificate of competency as a manager in form 
 approved by the commissioner may be issued by the commis- 
 sioner to any person who is entitled thereto under the pro- 
 visions of this Ordinance, but no such certificate shall be 
 issued to any person who has not had five years' practical 
 experience of coal mining operations under ground. C. 0. 
 16, s. 15. 
 
COAL MINES 75 
 
 16. Every person to whom a certificate of competency as Recording of 
 a manager is issued shall be duly recorded as the holder of 
 such certificate and shall pay therefor to the commissioner a 
 fee of $5. C. O. 16, s. 16. 
 
 IT. Every person holding a first class certificate of com- Granting 
 
 certifica-tcs to 
 
 potency as a manager of coal mines obtained by examination persons 
 
 • • ? ^ 1 T p TT -.J- ■ > holding 
 
 m any province ol Canada or other part ol Her Mai esty s foreign 
 
 . J •/ certificates 
 
 dominions or in the United States of America may apply to 
 the commissioner to be granted a certificate of competency 
 under the provisions of this Ordinance ; such application 
 shall be accompanied by the certificate or certificates held by 
 the applicant and he shall furnish such further proof as to 
 his practical experience, ability, sobriety and general good 
 conduct as the commissioner may require; if the certificates 
 forwarded with such application and the further proof re- 
 quired as to practical knowledge, sobriety and general good 
 conduct are of a satisfactory character the commissioner may 
 issue a certificate of competency to such applicant and record 
 him as the holder of such certificate. C. O. 16, s. 17. 
 
 18. Any person not the holder of a certificate of com- service 
 petency as a -manager of coal mines obtained by examination 
 
 in any province of Canada or other part of Her Majesty's 
 dominions or the United States of America, who before the 
 nineteenth day of September, 1898, had five years' practical 
 experience in coal mining operations under ground and who on 
 the said date was acting as the manager of any mine, may 
 apply to the commissioner to be granted a certificate of com- 
 petency as a manager under the provisions of this Ordinance ; 
 and if the proof of such service and such further proof of the 
 sobriety, ability and general good conduct of the applicant as 
 the commissioner may require is of a satisfactory character 
 the commissioner may issue a certificate of competency as a 
 manager to such applicant and duly record him as the holder 
 of siich certificate. C. O. 16, s. 18. 
 
 19. For the purpose of examining candidates who may Examining 
 desire to obtain certificates of competency as managers and 
 
 who are not qualified for such* certificates under the provisions 
 of sections 17 and 18 of this Ordinance, there shall be a board 
 of examiners consisting of the inspector, a certificated manager 
 and a miner who has had at least five years' practical experi- 
 ence of cof.1 mining under ground; the inspector shall be a 
 permanent member of such board and the manager and miner 
 shall be appointed by him at each mine during the time of his 
 first and last inspection during each year. 
 
76 
 
 COAL MINES 
 
 Place and 
 date of 
 examination 
 
 Candidates 
 for examina- 
 tion to give 
 notice 
 
 Duties of 
 
 examining 
 
 board 
 
 When 
 certificate 
 shall issue 
 
 Cancellation 
 or suspension 
 of certificate 
 for cause 
 shown 
 
 Record 
 of same 
 
 Restoration 
 
 (2) Notice of the place and date at which the board will 
 meet at each mine shall be given by the inspector to the nian- 
 ager of such mine two weeks before the date of such meeting. 
 
 (3) Candidates who may desire to submit themselves for 
 examination at such meeting shall notify the inspector in 
 writing one week before the date of the meeting. 
 
 (4) The board shall examine candidates presenting them- 
 selves for examination who have given the proper notice as to 
 their practical experience and theoretical knowledge of all the 
 operations connected with the mining of coal and management 
 of mines, and may issue a certificate to such candidates as 
 successfully pass such examination, reciting the facts and 
 recommending the issue to such candidates by the commissioner 
 of a certificate of competency as a manager. 
 
 (5) Upon receipt of the certificate issued by the board, 
 together with a fee of $15, the commissioner shall issue a 
 certificate of competency as a manager to the holder of the 
 certificate from the board and shall record him as the holder 
 of such certificate of competency. 
 
 (6) If at any time representation is made to the commis- 
 sioner by an inspector or otherwise that a manager holding a 
 certificate of competency under this Ordinance is by reason of 
 incompetency or gross negligence unfit to discharge his duties 
 or has been convicted of an offence against this Ordinance, 
 the commissioner may if he thinks fit cause inquiry to be 
 made into the conduct of such manager, and if the charges are 
 proven against him the commissioner may cancel or suspend 
 the certificate of such manager. 
 
 (7) When the certificate of a manager is cancelled or sus- 
 pended in pursuance of this Ordinance the commissioner shall 
 cause such cancellation or suspension to be recorded in the 
 register of holders of certificates. 
 
 (8) The commissioner may at any time if it be shown to 
 him to be just to do so renew or restore on such terms as he 
 thinks fit any certificate which has been cancelled or sus- 
 pended under the provisions of this Ordinance. C. O. 16, s. 19. 
 
 PIT BOSS AND FIEE BOSS. 
 
 Pit or fire boss 30. The board may at any meeting held for the examina- 
 
 certificates on. " " *= 
 
 examination tion 01 Candidates lor certificates of competency as managers, 
 examine such candidates as present themselves for certificates 
 as pit bosses or fire bosses and to each candidate who success- 
 fully passes the examination prescribed by the board may 
 upon payment of a fee of $3 issue a certificate, signed by the 
 inspector, authorising him to act in such capacity. 
 
COAL MINES 77 
 
 (2) The inspector shall make a return to the commissioner Return of 
 of all certificates .issued under the provisions of this section issued 
 and shall transmit to the commissioner all fees collected in con- 
 nection therewith. 
 
 (3) Any person who on the nineteenth day of September, Time 
 1898,. was acting as a pit boss or fire boss in any mine operated »» pito"" 
 
 , ^ n 1 • J—. 1 m nrc DOSS 
 
 under the provisions of this Ordinance may, upon application 
 to the inspector and payment of a fee of $3, be granted a certi- 
 ficate of qualification as a pit boss or fire boss, as the case may 
 be, provided that such person proves to the satisfaction of the 
 inspector that he has had five years' experience of coal mining 
 operations under ground, and produces a certificate from 
 the manager of the mine in which he is employed stating that 
 he is filling the position of pit boss or fire boss in such mine. 
 C. O. 16, s. 2,0. 
 
 31. 'No person shall act as pit boss or fire boss in any mine Necefwity for 
 operated under the provisions of this Ordinance unless he is the 
 holder of a certificate issued by the board authorising him 
 to act in such capacity. C. O. 16, s. 21. 
 
 EEPOETS AND EETUBNS. 
 
 33. On or before the first day of February in every year Output ^^^ 
 the owner, agent or manager of every mine to which t^^is retunis^as^^^ 
 Ordinance applies shall send to the commissioner a correct 
 return specifying with respect to the year ending on the pre- 
 ceding thirty-first day of Deceinber, the quantity of coal 
 wrought in such mine and the number of persons ordinarily 
 employed in or about such mine below ground and above 
 ground, distinguishing the persons employed below ground 
 and above ground and the different classes and ages of the 
 persons so employed and such return shall be in accordance 
 with form A in the schedule hereto. C. O. 16, s. 22. 
 
 33. Every owner, agent or manager of a mine who fails to m^^'°«„^„, 
 comply with the preceding section or makes any return pre- 
 scribed thereby which is to his knowledge false in any parti- 
 cular shall be guilty of an offence against this Ordinance. C. 
 
 0. 16, s. 23. 
 
 34. The aggregate results of such returns may be published ij^wicauon 
 but the individual return shall not be published without 
 
 the consent of the person making the same or of the owner of 
 the mine to which it relates, and no person other than gov- 
 ernment ofiicials shall be entitled without such consent to see 
 the same. C. O. 16, s. 24. 
 
78 
 
 COAL MINES 
 
 All accidents 
 to be reported 
 
 When .death , 
 ensues 
 
 Liability for 
 noncom- 
 pliance 
 
 Notice to be 
 given of 
 opening, dis- 
 continuance 
 reopening or 
 change of 
 owner of mine 
 
 ACCIDENTS TO BE EEPOETED. 
 
 35. Where, in or about any mine to which this Ordinance 
 applies, whether above or below ground, either loss of life 
 or personal injury to any person employed in or about the mine 
 occurs by reason of: 
 
 (a) Any explosion of gas, powder or of any steam boiler ; 
 or 
 
 (b) Any accident whatever; 
 
 the owner, agent or manager of the mine shall within forty- 
 eight hours next after the explosion or accident send notice in 
 writing of the explosion or accident and of the loss of life and 
 personal injury occasioned thereby to the commissioner and 
 shall specify in such notice the character of the explosion 
 or accident and the number of persons killed and injured re- 
 spectively C. O. 16, s. 25. 
 
 36. Where any personal injury of which notice is required 
 to be sent imder the last preceding section results in the death 
 of the person injured notice in writing of the death shall be 
 sent to the commissioner within twenty-four hours after such 
 death comes to the knowledge of the owner, agent or manager. 
 C. O. 16, s. 26. 
 
 37. Every owner, agent or manager who fails to act in 
 compliance with the last two preceding sections shall be guilty 
 of an offence against this Ordinance. C. O. 16, s. 27. 
 
 NEW SHAFTS. ABAXDOXirENT OF MINES. CHANGE OF 
 NAME OE OWNEE. NUISANCES. 
 
 38. In any of the following cases, namely: 
 
 (a) Where any working is commenced for the purpose of 
 opening a new shaft for any mine to which this 
 Ordinance applies; 
 
 (b) Where a shaft of any mine to which this Ordinance 
 applies is abandoned or the working thereof discon- 
 tinued ; 
 
 (c) Where the working of a shaft of any mine to which 
 this Ordinance applies is recommenced after any 
 abandonment or discontinuance for a period exceed- 
 ing two months ; or 
 
 (d) Where any change occurs in the name of, or in the 
 name of the owner, agent or manager of any mine to 
 which this Ordinance applies or in the officers of any 
 incorporated company which is the owner of a mine 
 to which this Ordinance applies ; 
 
COAL MINES 79 
 
 the owner, agent or manager of such mine shall give notice 
 thereof to the commissioner within two months after such 
 commencement, abandonment, discontinuance, recommence- 
 ment or change; and if such notice is not given the owner, 
 agent or manager shall be guilty of an offence against this 
 Ordinance. C. O. 16, s. 28. 
 
 39. Where any mine to M-hich this Ordinance applies is Entrance to 
 abandoned or the working thereof discontinued, at whatever wbfseourefy 
 time such abandonment or discontinuance occurs the owner *""* 
 thereof shall cause the top of the shaft and any side entrance 
 from the surface to be and to be kept securely fenced for 
 the prevention of accidents : 
 Provided that — 
 
 (a) Subject to any contract to the contrary the owner of Responsibility 
 the mine shall, as between him and any other person entrance 
 interested in the minerals of the mine, be liable 
 
 to carry into effect this section and to pay any costs 
 incurred by any other person interested in the 
 minerals of the mine in carrying this section into 
 effect ; 
 
 (b) Xothing in this section shall exempt any person from Liability 
 liability under any other Ordinance or otherwise. ordinance" 
 
 (2) If any person fail to act in conformity with this section 
 he shall be gnailty of an offence against this Ordinance. C. O. 
 16, s. 29. 
 
 30. Any shaft or side entrance which is not fenced as when shaft 
 required by the last jareceding section if within fifty yards of becomes a 
 any highway, road, footpath or place of public resort or in 
 
 open or uninclosed land shall be deemed to be a nuisance. 
 C. O. 16, s. 30. 
 
 31. Whenever slack deposited in the neighbourhood of Burning slack 
 
 , ., ,. « 1 11 . 1,1 T ■ near pit mouth 
 
 the pit s mouth is unfenced and burning and thereby m a 
 dangerous condition, the commissioner may instruct the owners 
 of such mine to inclose such sladv with a fence and take such 
 other necessary precautions as he may require. C. O. 16, s. 31. 
 
 33. When aiiv mine to which this Ordinance applies is Plan of 
 
 . 1 ■ J? 1 abandoned 
 
 abandoned the owner of such mine at the time oi such mine to 
 abandonment shall within three months after such abandon- commissioner 
 ment send to the commissioner an accurate plan on a scale 
 of not less than one hundred feet to one inch or on such other 
 scale as the plan used in the mine at the time of such abandon- 
 ment is constructed showing the boundaries of the work- 
 
£0 
 
 COAL MINES 
 
 ings of such mine up to the time of the abandomnent ; but no 
 person except an inspector under this Ordinance or other gov- 
 ernment official shall be entitled, without the consent of the 
 owner of the mine, to see such plan until after the lapse of 
 ten years from the time of such abandonment; every owner 
 who fails to comply with this section shall be guilty of an 
 offence against this Ordinance. C. O. 16, s. 32. 
 
 SerTice of 
 notices and 
 documents 
 
 Appointment 
 of inspectors 
 
 Powera of 
 
 inspector 
 
 NOTICES. 
 
 33. All notices under this Ordinance shall be in writing or 
 print or partly in writing or partly in print, and all notices 
 and documents requred by this Ordinance to be served or sent 
 in by or to the commissioner or an inspector may be either 
 delivered personally or sent by post by prepaid letter and if 
 sent by post shall be deemed to have been served and received 
 respectively at the time when the letter containing the same 
 would be delivered in the ordinary course of post; and in 
 proving such service or sending it shall be sufficient to prove 
 that the letter containing the notice was properly addressed 
 and put into the post office. G. O. 16, s. 33. 
 
 INSPECTORS. POWERS AND DUTIES. 
 
 34. The Lieutenant Governor in Council may from time to 
 time appoint any fit persons to be inspectors of mines to which 
 this Ordinance applies and assign them their duties and maj 
 award them such remuneraton as he deems proper and may 
 remove such inspectors from office for cause. C. O. 16, s. 34. 
 
 35. An inspector under this Ordinance shall have power to 
 do all or any of the following things, namely : 
 
 1. To make such examination and inquiry as may be 
 necessary to ascertain whether the provisions of this Ordinance 
 relating to matters above ground or below ground are com- 
 plied with in the case of any mine to which this Ordinance 
 applies ; 
 
 2. To enter, inspect and examine any mine to which this 
 Ordinance applies, and every part thereof, at all reasonable 
 times by day and night but so as not to impede or obstruct 
 the working of the said mine; 
 
 3. To examine into and make inquiry respecting the state 
 and condition of any mine to which this Ordinance applies, or 
 any part thereof, and the ventilation of the mine and the 
 sufficiency of the special rules for the time being in force in 
 the mine and all matters and things connected with or relating 
 to the safety of the persons employed in or about the mine or 
 any mine contiguous thereto; 
 
COAL MINES 81 
 
 4. To examine and inquire into the competency of all 
 managers in charge of mines under this Ordinance and report 
 upon the same to the commissioner; 
 
 5. To exercise such other powers as may be necessary for 
 carrying this Ordinance into effect. C. O. 16, s. 35. 
 
 36. Every person who wilfully obstructs any inspector in Obstructing 
 the execution of his duty under this Ordinance and every 
 owner, agent and manager of a mine who refuses or neglects to 
 furnish to the inspector the means necessary for making any 
 entry, inspection, examination or inquiry under this Ordinance 
 in relation to such mine or manager thereof shall be guilty of 
 an offence against this Ordinance. C. O.- 16, s. 36. 
 
 PLANS OF MINES. 
 ow m. i !■ • , 1 • 1 P'*n of mine 
 
 o<. Ine owner, agent or manager oi any mine to which to be kept 
 this Ordinance applies shall keep in the office at the mine an 
 accurate plan of the workings of such mine showing the work- 
 ings up to at least six months previously and shall produce to production 
 an inspector under this Ordinance such plan and shall, if pf plan to 
 
 ^ . ^ ' inspector 
 
 requested by the inspector, mark on such plan the progress of 
 the workings of the mine up to the time of such production 
 and shall allow the inspector to examine the same; but the 
 inspector is not hereby authorised to make a copy of any part 
 of such plan. C. O. 16, s. 37. 
 
 38. If the owner, agent or manager of any mine to which Failure to 
 this Ordinance applies fails to keep such plan as is prescribed and ac°curate 
 by the last preceding section or wilfully refuses to produce or SffSice 
 allow to be examined such plan or wilfully withholds any 
 portion of any plan or conceals any part of the workings of 
 his mine or produces an imperfect or inaccurate plan, unless he 
 shows that he was ignorant of such concealment, imperfection 
 or inaccuracy he shall be guilty of an offence against this 
 Ordinance. 
 
 (2) The inspector may by notice in writing (whether pen- Jnipeotor^mar 
 alty for such offence has or has not been inflicted) require the be made 
 owner, agent or manager to cause an accurate plan, such as is 
 prescribed by the said section, to be made within a reasonable 
 tiine at the expense of the owner of the mine on a scale of not 
 less than one hundred feet to one inch or such other scale 
 as the plan then used in the mine is constructed on and if the 
 ovmer, agent or manager fails within twenty-one days after 
 such notice, or such further time as may be shown to be neces- 
 sary, to make such plan or cause it to be made he shall be 
 guilty of an offence against this Ordinance. C. O. 16, s. 38. 
 
82 
 
 COAL MINES 
 
 Ventilation 
 of mines 
 
 Division into 
 districts or 
 splits 
 
 Intake air to 
 be pure 
 
 Preservation 
 otair 
 
 Exemptions 
 
 Narrow 
 working 
 places to 
 be near 
 ventilation 
 
 Inspection 
 to take place 
 when 
 
 inflammable 
 gas found 
 
 Work not l-o 
 proceed until 
 roadways 
 reported safe 
 
 GENERAL RULES. 
 
 39. The following general rules shall be observed so far as 
 is reasonably practicable in every mine to which this Ordin- 
 ance applies : 
 
 Kule 1. An adequate amount of ventilation shall be con- 
 stantly produced in every mine to dilute and render harmless 
 noxious gases to such an extent that the working places of the 
 shafts, levels, stables and workings of such mine, and the 
 travelling roads to and from such working places shall be in a 
 fit state for working and passing therein. 
 
 Kule 2. An adequate amount of ventilation shall mean 
 not less than one hundred cubic feet of pure air per minute for 
 each man, boy, horse and mule employed in a mine and 
 as much more as the inspector may direct which shall sweep 
 the face of each working place. Every mine shall be divided 
 into districts or splits of not more than seventy men in each 
 district, and each district shall be supplied with a separate cur- 
 rent of fresh air. All intake air shall travel free from all 
 stagnant water, stables and old workings and every place shall 
 be bratticed xip within four yards of the face. On all main 
 roads where a door is required the inspector may order that two 
 doors shall be placed so that while boxes are being taken 
 through the one the other shall remain closed and no air shall 
 be lost. 
 
 (ff) The above provisions as to splits and bratticing shall 
 not apply to mines in which safety lamps are not 
 necessarily employed; 
 
 (b) In all mines so exempt all narrow working places 
 shall not be driven more than twenty yards ahead of 
 ventilation or such lesser distances as will prevent 
 the air in the said narrow working places becoming 
 visibly foul. 
 
 Kule 3. In every mine in which inflammable gas has been 
 found within the preceding twelve months, then once in every 
 twenty-four hours if one shift of workmen is employed and 
 once in every twelve hours if two shifts are employed during 
 any twenty-four hours, a fire boss shall so far as is reasonably 
 practicable immediately before the time for commencing work 
 in any part of the mine inspect with a safety lamp that part 
 of the mine and the roadways leading thereto and shall make 
 a true report of the conditions thereof so far as ventilation is 
 concerned, and a workman shall not go to work in such part 
 until the same and the roadways leading thereto are stated to 
 
COAL MINES 83 
 
 be safe. Every such report shall be recorded without delay in 
 a book -which shall be kept at the mine for the purpose and 
 shall be signed by the fire boss. 
 
 Rule 4. In every mine in which inflammable gas has not inspection as 
 been foimd within the preceding twelve months then once in 
 every twenty-four hours a fire boss shall so far as is reasontbly 
 practicable immediately before the time for commencing work 
 in any part of the mine inspect that part of the mine and the 
 roadways leading thereto and shall make a true report of the 
 condition thereof so far as ventilation is concerned and a work- 
 man shall not go to work in any such part until the same and 
 the roadways leading thereto are stated to be safe. Every 
 report shall be recorded without delay in a book which shall 
 be kept at the mine for the purpose and shall be signed by the 
 fire boss. 
 
 Kule 5. All entrances to any place not in actual course of unused . 
 
 1 ■ n • 1 m 1 1 I- ^ 1 entrances in 
 
 Avorkmg and extension shall be properly fenced across the mines to be 
 whole width of such entrance so as to prevent persons inad- 
 vertently entering the same. 
 
 Rule 6. A station or stations shall be appointed at the stations 
 entrance to a mine or to different parts of the mine as the case 
 may require and a workman shall not pass beyond any such 
 station imtil the mine beyond the same has been inspected and 
 stated to be safe. 
 
 Rule 7. If at any time it is found by the person for the time when danger 
 being in charge of the mine or any part thereof that by reason workmen to 
 of noxious gases prevailing in such mine or such part thereof, ^ ^^ 
 or of any cause whatever, the mine or the said part is danger- 
 ous every workman shall be withdrawn from the mine or such 
 part thereof as is found dangerous and the manager or a 
 fire boss shall inspect the mine or such part thereof as is foimd 
 dangerous and if the danger arises from inflammable gas shall inspection 
 inspect the same with a locked safety lamp, and in every case 
 shall make a true report of the condition of such mine or part 
 thereof, and a workman shall not except in so far as is neces- 
 sary for inquiring into the cause of danger or for the removal 
 thereof or for exploration be readmitted into the mine, or such 
 part thereof as was so found dangerous until the same is stated 
 by such report not to be dangerous. Every such report shall 
 be recorded in a book which shall be kept at the mine for the 
 purpose and shall be signed by the manager or fire boss. 
 
 Rule 8. In every working approaching any place where there where 
 
 '' ° I. T . 1 accumulation 
 
 is likely to be an accumulation of explosive gas no lamp or ot explosive 
 light other than a locked safety lamp shall be allowed or used, Sed safety 
 
 . T 1 ii • /-\ J ■ lamps to 
 
 and whenever safety lamps are required by this Ordinance or be used 
 
84 
 
 COAL MINES 
 
 Examination 
 of safety 
 lampn 
 
 Lamps not to 
 be opened 
 and no light 
 to be struck 
 
 Use of 
 gunpowder 
 and other 
 explosives 
 
 by the special rules made in pursuance of this Ordinance to 
 be used a competent person who shall be appointed for the 
 purpose shall examine every safety lamp immediately before 
 it is taken into the workings for use and ascertain it to be 
 secure and securely locked ; and in any part of a mine in which 
 safety lamps are required to be used they shall not be used 
 until they have been examined and found secure and securely 
 locked and shall not without due authority be unlocked and in 
 the said part of a mine a person shall not unless he is appointed 
 for the purpose have in his possession any key or contrivance 
 for opening the lock of any such safety lamp or any lucifer 
 match or apparatus of any kind for striking a light. Where 
 it is- necessary to work coal in any part of a ventilating district 
 with safety lamps it shall not be allowable to work with a 
 naked light in another part of the same ventilating district 
 situated between the place where such safety lamps are being 
 used and the return airway. 
 
 Rule 9. Gunpowder or other explosive or inflammable sub- 
 stance shall only be used in the mine under ground as follows : 
 
 (a) It shall not be stored in the mine ; 
 
 (b) It shall not be taken into the mine except in a case or 
 canister containing not more than four pounds ; 
 
 (c) A workman shall not have in use at any one time 
 in any one place more than one of such cases or 
 canisters ; 
 
 (d) In charging holes for blasting an iron or steel pricker 
 shall not be used and a person shall not have in 
 his possession in the mine under ground any iron or 
 steel pricker and an iron or steel tamping rod or 
 stemmer shall not be used -for ramming either the 
 wadding or the first part of the tamping or stemming 
 on the powder; 
 
 (c) ISTo explosive shall be forcibly pressed into a hole of 
 insufficient size and when a hole has been charged the 
 explosive shall not be unrammed and no hole shall 
 be bored for a charge at a distance of less than two 
 feet from any hole where the charge has missed fire 
 but where a space of two feet from the first hole 
 caimot be obtained the explosive may be unrammed 
 under the sanction and supervision of the shot 
 
 examiner ; 
 
 (/) 
 
 It shall not be used except in accordance with the 
 following regulations during three months after any 
 inflammable gas has been found in any such mine, 
 namely : 
 
COAL MINES 85 
 
 (2) A fire boss shall immediately before firing the shot Conditione of 
 examine the place where it is to be used and all places con- 
 tiguous thereto within a radius of twenty-five yards and shall 
 
 not allow the shot to be fired unless he finds it safe to do so, 
 and a shot shall not be fired except by or under the direction 
 of the fire boss, but the provisions of this subsection shall not 
 apply to mines in which safety lamps are not necessary unless 
 the commissioner by notice in writing served on the owner, 
 agent or manager of such mine requires it to be so applied. 
 
 (3) If the place where the shot is to be fired is dry and 
 dusty then the shot shall not be fired unless one of the follow- 
 ing conditions is observed, that is to say : 
 
 (a) Unless the place of firing and all contiguous and 
 accessible places within a radius of twenty yards are 
 5t the time of firing in a wet state from a thorough 
 watering or other treatment equivalent to watering 
 in all parts where dust is lodged, whether roof, floor 
 or sides; or 
 
 (b) In the case of places in which watering would injure 
 the roof or floor unless the explosive is so used with 
 water or other contrivance as to prevent it from 
 inflaming gas or dust or is of such a nature that it 
 cannot inflame gas or dust ; 
 
 (c) All hauling or other roads that are dry and dusty 
 shall be watered sufficiently often to allay the dust. 
 
 (4) If the said inflammable gas issued so freely that it ^^^.i^o^^'^* 
 showed a blue cap on the flame of the safety lamp it shall only o°,fl«"i« ^*p 
 be used : 
 
 (a) Either in those cases of stone drifts, stone work and 
 sinking of shafts in which the ventilation is so man- 
 aged that the return air from the place where the 
 powder is used passes into the main return air course 
 without passing any place in actual course of work- 
 ing; or 
 
 (b) "When the persons ordinarily employed in the mine 
 are out of the mine or out of the part of the mine 
 where it is used; or , 
 
 (c) Where a mine is divided into separate panels in such 
 manner that each panel has an independent intake 
 and return airway from the main aircourse and the 
 main return aircourse the provisions of this rule with 
 respect to gunpowder or other explosive inflammable 
 substance shall apply to each such panel in like 
 manner as if it were a separate mine. 
 
86 COAL MINES 
 
 Dangerous Eule 10. When any place adjoining any working is likely 
 
 of water to Contain a dangerous accumulation of water the workings 
 
 approaching such place shall not exceed eight feet in width 
 
 and there shall be constantly kept at a sufficient distance not 
 
 being -less than five yards in advance at least one borehole 
 
 near the centre of the working and sufficient flank boreholes 
 
 on each side. 
 
 Underground p^^|g n^ Every underground plane on which persons travel 
 
 meanso'f''''^^ which is Self acting or worked by an engine, windlass or gin 
 
 p'lces'j)"^ ^""^ shall be provided if exceeding thirty yards in length with 
 
 refuge some proper means of signalling between the stopping places 
 
 and the ends of the plane and shall be provided in every case 
 
 at intervals of not more than twenty yards with sufficient 
 
 manholes for places of refuge. 
 
 Refuge for Rule 12. Every road on which persons travel underground 
 
 animals "^ -^ ^ '-' 
 
 where the load is drawn by a horse or other animal shall be 
 provided at intervals of not more than fifty yards with suffi- 
 cient manholes or with a space for a place of refuge, which 
 space shall be of sufficient length and of at least three feet in 
 width between the waggons running on the tram road and the 
 side of such road. 
 
 to*'be^kep'c'*^*^ Rule 13. Every manhole and space for a place of refuge 
 clear shall be constantly kept clear and no person shall place 
 
 anything in a mauhole or such space so as to prevent access 
 
 thereto. 
 Fencing top Rule 14. The top of every shaft which for the time being is 
 shaft out of use or used only as an air-shaft shall be seciirely fenced. 
 
 Fence may be Rule 15. The top and all entrances between the top and 
 
 temporarily , , . . ^ 
 
 removed for bottom of every working or pumping shaft shall be properly 
 of repair fenced but this shall not be taken to forbid the temporary 
 removal of the fence for the purposes of repairs or other opera- 
 tions if proper precautions are used. 
 
 Sural strata ^vle 16. Where the natural strata are not safe every work- 
 unsafe ij^g Qp pumping shaft shall be securely cased, lined or otherwise 
 
 made secure. 
 Roofs and Rule 17. The roof and sides of every travelling road and 
 
 SIQ63 to DC 
 
 made secure working place shall be made secure and a person shall not 
 unless appointed for the purpose of exploring or repairing, 
 travel or work in any such travelling road or working place 
 which is not so made secure. 
 
 o: 
 
 o/'downcasT ^^^^^ ^^- Where there is a downcast and furnace shaft and 
 
 shaft both such shafts are provided with apparatus in use for raising 
 
 and lowering persons, every person employed in the mine shall 
 
 upon giving reasonable notice have the option of using the 
 
 downcast shaft. 
 
COAL MINES 87 
 
 Kule 19. In any mine which is usually entered by means Competent 
 of machinery a competent person of such age as prescribed by charge rf ''"''"' 
 this Ordinance shall be appointed for the purpose of working °"*'"''''"'"''' 
 the machinery which is employed in lowering and raising 
 persons therein and shall attend for the said purpose during 
 the whole time that any person is below the ground in the 
 mine. 
 
 Eule 20. Every working shaft used for the purpose of draw- shafts to be. . 
 ing minerals or for the lowering or raising of persons shall if guWes'Liid ''*" 
 exceeding fifty yards in depth and not exempted in writing by comma°ni- 
 the inspector be provided with guides and some proper means 
 of commtmicating distinct and definite signals from the bottom 
 of the shaft to the surface and from the surface to the bottom 
 of the shaft and to every entrance for the time being in work 
 between the surface and the bottom of the shaft. 
 
 Kule 21. A sufiicient cover overhead shall be used when Overhead 
 
 1 • . . . , . 1 ,. covering 
 
 lowering or raising persons m every working shaft except 
 where it is worked by a windlass or where the person is em- 
 ployed about the pump or some work of repair in the shaft, 
 or where a written exemption is given by the inspector. 
 
 Rule 22. A single link chain shall not be used for lowering Single link 
 
 . . • . . f, chain Tiot 
 
 or raising fiersons in any working shaft or plane except for the to be used 
 short coupling chain attached to the cage or load. 
 
 Eule 23. There shall be on the drum of every machine used Prevention 
 for the lowering or raising persons such flanges or horns and of rope 
 also if the drum is conical such other appliances as may be 
 sufiicient to prevent the rope from slipping. 
 
 Rule 24. There shall be attached to every machine woi'ked Machine to 
 by steam, water or mechanical power and used for lowering an^^n^cator 
 and raising persons an adequate brake and also a proper indi- 
 cator in addition to any mark on the rope which shows to the 
 person who works the machine the position of the cage or load 
 in the shaft. 
 
 Rule 25. Every fly wheel and all exposed and dangerous Parts.of^^^ 
 parts of the machinery used in or about the mine shall be and t" be fenced 
 be kept securely fenced. 
 
 Rule 26. Every steam boiler shall be provided with a proper ^^^'^^^^f^^a 
 steam gauge and water gauge to show respectively the pressure ^"h gauges 
 of steam and the height of water in the boiler and with a 
 proper safety valve. 
 
 Rule 2,T. After dangerous gas has been found in any mine Someter 
 a barometer and a thermometer shall be placed above ground ^"e<iJ^Xn 
 in a conspicuous position near the entrance to the mine. ^*^ '""""^ 
 
88 
 
 COAL MINES 
 
 Damage to 
 mine nttings 
 prohibited 
 
 Observance 
 of directions 
 
 Examination 
 of machinery 
 and shafts 
 
 Employees 
 may appoint 
 their own 
 inspector 
 
 Said 
 
 inspectors 
 to report 
 
 Inspection 
 of boolis 
 
 Cage, entering 
 or leaving of 
 
 Eule 28. 'No person shall wilfully damage or without proper 
 authority remove or render useless any fence, fencing, casing, 
 lining, guide, means of signalling, signal, cover, change, flange, 
 horn, brake, indicator, steam gauge, Avater gauge, safety valve, 
 or other applicances or thing provided in any mine in com- 
 pliance with this Ordinance. 
 
 Eule 29. Every person shall observe such directions with 
 respect to working as may be given to him with a view to 
 comply with this Ordinance or the special rules. 
 
 Eule 30. The manager or a pit boss shall once at least 
 in every twenty-four hours examine the external parts of the 
 machinery and the state of the head gear, working places, 
 levels, planes, ropes, chains and other works of the mine which 
 are in actual use and once at least in every week shall examine 
 the state of the shafts by which persons ascend or descend and 
 the guides or conductors therein and shall make a true report 
 of the result of such examination and such report shall be 
 recorded in a book to be kept at the mine for the purpose and 
 shall be signed by the manager or pit boss. 
 
 Eule 31. The persons employed in a mine may from time to 
 time appoint one or two of their number to inspect the mine at 
 their own cost and the persons so appointed ^shall be allowed 
 once or oftener in every shift, day, week or mSnth accom- 
 panied if the owner, agent or manager of the mine thinks fit 
 by himself or one or more officers of the mine to go to every 
 part of the mine and to inspect the shafts, level planes, working 
 places, return air ways, ventilating apparatus, old workings 
 and machinery and shall be afforded by the owner, agent and 
 manager and all persons in the mine every facility for the 
 purpose of such inspection and shall make a true report of the 
 result of such inspection and such report shall be recorded in 
 a book to be kept at the mine for the purpose and shall be. 
 signed by the persons who made the same; and if the report 
 state the existence or apprehended existence of any danger the 
 owner, agent or manager shall forthwith cause a true copy of 
 the report to be sent to the commissioner. 
 
 Eule 32. The books mentioned in this section or a copy 
 thereof shall be kept at the office of the mine and any inspector 
 under this Ordinance and any person employed in the mine 
 may at all reasonable times inspect and take copies of and 
 extracts from any such books. 
 
 Eule 33. Every cage used in any mine shall be stationary 
 and shall rest upon chains or catches before any person is 
 
COAL MINES 89 
 
 allowed to enter upon or to leave to same. No person shall English 
 enter or leave a case without the consent of the banksman or persons only 
 
 to hold 
 Onsetter. responsible 
 
 Eule 34. No person unable to speak and read English shall 
 be appointed to or shall occupy any position of trust or respon- 
 sibility, namely: as banlcsman, onsetter, signalman, brakes- 
 man, pointsman, furnaceman, or engineer or be employed at 
 the windlass of a sinking pit in or about a mine subject to this 
 Ordinance whereby through his ignorance, carelessness or 
 negligence he might endanger the life or limb of any person 
 employed in or about a mine. 
 
 Rule 35. Kvery person who contravenes or who does not Contravention 
 comply with any of the general rules of this section shall be compliance 
 
 ., J. J-'' .° , . _ ,. 1 • , with general 
 
 guilty 01 an oflence against this Ordinance; and m the event rules 
 of any contravention of or noncompliance with any of the 
 said general rules in the case of any mine to which this Ordi- 
 nance applies by any person whomsoever the owner, agent and 
 manager shall each be guilty of an offence against this Ordi- 
 nance unless he proves that he had taken all reasonable means 
 by publishing and to the best of his power enforcing the said 
 rules as regulations for the working of the mine to prevent such 
 contravention or noncompliance. 
 
 Eule 36. It shall be the duty of every miner employed iii^™^j„'° j^cg 
 any mine to carefully examine the place where he is working of working 
 on entering the same in the morning and on re-entering after 
 firing a shot and when leaving it at night and he shall imme- 
 diately report to the manager any defects or dangers existing 
 therein. 
 
 Eule 37. It shall be the duty of every miner or other person toVeport"" 
 employed in any mine to immediately report to the manager 5||P^«f^s 
 or pit boss any defect or danger which he may know to ■ exist "^"^"sier 
 in any part of the mine. 
 
 Eule 38. Every miner in want of props or timbers and cap ^^^p™/^ 
 pieces shall notify the manager or pit boss of the fact at least ^^^jl"*^ 
 one day in advance giving the length and number of props, 
 timbers or cap pieces required, but in cases of emergency the 
 timbers may be ordered immediately upon the discovery of 
 any danger. 
 
 (2) The place and manner of leaving the orders for timbers 
 and cap pieces shall be designated in the general rules of the 
 mine. C. O. 16, s. 39. 
 
 SPECIAL EULES. 
 
 40. There shall be established in every mine to which this AppijoaMon 
 Ordinance applies such rules (referred to in this Ordinance special rules 
 
90 
 
 COAL MINES 
 
 as special rules) for the conduct or guidance of the persons 
 acting in the management of such mine or employed in or 
 about the same as under the particular state and circumstances 
 of such mine may appear best calculated to prevent dangerous 
 accidents and to provide for the safety and proper discipline 
 sueh rules to_ of the persons employed in or about the mine and such special 
 rules shall be approved by the commissioner and shall be 
 observed in and about every such mine. C. 0. 16, s. 40. 
 
 beapprovedby 
 commissioner 
 
 OFFICERS AND PENALTIES. 
 
 Who may 
 be guilty 
 of offence 
 
 41. Every person employed ifi. or about a mine other than 
 the owner, agent or manager who is guilty of any act or 
 omission which in the case of the owner, agent or manager 
 would be an offence against this Ordinance shall be deemed t« 
 be guilty of an offence against this Ordinance. C. 0. 16, s. 41. 
 
 Penalties 
 
 4:2. Every person who is guilty of an offence against thia 
 Ordinance shall on summary conviction thereof be liable to a 
 penalty not exceeding if he is an owner, agent or manager 
 $100 and if he is not an owner, agent or manager $10 for 
 each offence; and if the inspector has given written notice 
 of any such offence then in case of an owner, agent or manager 
 to a further penalty not exceeding $100 and not less than $10 
 for every day after such notice that such offence continues to 
 be committed and in case of other persons to a further penalty 
 not exceeding $5 for every day after such notice that such 
 offence continues to be committed. C. 0. 16, s. 42,. 
 
 Power to 
 imprison 
 offenders 
 
 43. When a person who is an owner,' agent or manager of a 
 mine or a person employed in or about a mine is guilty of an 
 offence against this Ordinance which in the opinion of the 
 court that tries the case is one which was reasonably calculated 
 to endanger the safety of the persons employed in or about 
 the mine or to cause serious personal injury to any of such 
 persons or to cause a dangerous accident, and was committed 
 wilfully by the personal act, personal default or personal 
 negligence of the person accused such person shall be liable 
 if the court is of opinion that a pecimiary penalty will not 
 meet the circumstances of the case to imprisonment with or 
 without hard labour for a period not exceeding three months. 
 C .0. 16, s. 43. 
 
GOAL MINES 9 1 
 
 '• IX FORMATION FOE COMMISSIONEK. 
 
 44. The owner, agent or manager of every mine shall at information 
 .any time when required by the commissioner send to the com- ° «''"pp'<'' 
 missioner such information and facts relating to his mine as 
 
 may be asked for. C. 0. 16, s. 44. 
 
 REGULATIONS AND FORMS. 
 
 45. The Lieutenant Governor in Council may from time to Power.to 
 time make such additional regulations and prescribe such regiUatftms 
 forms as may be deemed necessary for the proper carrying 
 
 into effect of the provisions of this Ordinance. C. 0. 16, s. 45. 
 
92 
 
 COAL MINES 
 
 
 i-i 
 ■< 
 o 
 O 
 
 
 
 
 n 
 
 <! 
 
 
 
 O 
 
 O 
 
 w 
 
 
 02 
 
 1^; 
 
 M 
 K 
 
 h-1 
 
 
 y 
 
 15 
 
 t3 
 
 <i 
 
 
 o 
 
 p 
 
 s 
 
 p 
 
 S 
 
 w 
 
 o 
 
 
 § 
 
 Q 
 
 (^ 
 
 a) 
 
 1^ 
 
 
 CO 
 
 
 (^ 
 
 
 M 
 1-1 
 
 as 
 02 
 
 O 
 
 ID 
 
 o 
 
 Ph 
 
 O 
 
 (D 
 
 g 
 OS 
 
 
 
 •i-H 
 
 1=1 
 <v 
 
 f-l 
 
 o 
 O 
 
 O 
 
 a 
 
 c3 
 |2^ 
 
 
 3 
 
 o 
 
 is 
 
 S-S 
 
 
 Average total 
 
 quantity of fresh 
 
 air in cubic feet 
 
 per minute. 
 
 
 •S^'BMJl'B 
 JO VBJ.V 
 
 [■Buoi^joag 
 
 
 JO qiSn9[ 
 
 9g'Ba9AY 
 
 
 Number of 
 
 splits and 
 
 quantity 
 
 ■g^nuiui J9d 
 !)99j oiqno 
 
 
 •s^i^dg 1 
 
 Diameter and depth of 
 downcast and upcast shafts. 
 
 
 •q99J UI 
 
 q^d9a 
 
 
 •()93J Ul 
 J9;j9UlBIQ 
 
 
 -1^ 
 
 i 
 
 a 
 & 
 
 o 
 
 ■199J UI 
 
 q:^d^a: 
 
 
 ■(}99J UI 
 J9!J9UI'BI(J 
 
 
 ■uoifjduosap 
 
 q^ixW 'UBj 
 
 ao aoBuan^ 
 
 
 ■U0I5'BJI';n9A 
 
 JO gpopi 
 
 
 Average number 
 of persons em- 
 ployed daily 
 
 IK e 
 
 ^1 
 
 
 
 
COMMISSIONERS FOR OATHS 
 
 COLLEGE OF PHYSICIANS AND 
 SURGEONS. 
 
 See MEDICAL PKOFESSION. 
 
 COMMISSIONERS FOR OATHS. 
 
 An Ordinance respectins" Commissioners to Administer c.o. i898c. 24 
 
 _ , March 15, 1809 
 
 Oaths. 
 
 THE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 1. All duly enrolled advocates of the Territories shall be Advocates 
 mmissioners 
 C. 0. 24, s. 1. 
 
 Gommissioners for taking affidavits in the said Territories. ^'° *"* 
 
 .g a-iiiuaviia ijj. tiiu bciiu. j. en iiuiieo. commis- 
 sioners 
 
 2» The Lieutenant Governor may by a commission or com- t^ieutenant 
 missions under his hand and the seal of the Territories f rom ^ppoinT"^ "''^ 
 time to time empower such and so many persons as he thinks a°^^' 
 fit and necessary to administer oaths and take and receive 
 affidavits, declarations and affirmations within the Territories. 
 C. O. 24, s. 2. 
 
 3. The Lieutenant Governor may by a commission or com- Appointment 
 missions under his hand and the seal of the Territories f rom missionera 
 time to time empower such and so many persons as he thinks Territories 
 fit and necessary to administer oaths and take and receive 
 affidavits, declarations and affirmations without the Territories 
 in or concerning any cause, matter or thing depending or in 
 any wise concerning any of the proceedings in the Supreme 
 Court of the Territories and every oath, affidavit, declaration 
 or affirmation taken or made as aforesaid shall be as valid and 
 effectual and shall be of the like force and effect to all intents 
 and purposes as if such oath, affidavit, declaration or affirma- 
 tion had been administered, taken, sworn, made or affirmed 
 before a commissioner for taking affidavits within the Terri- 
 tories or other competent authority of the like nature. 
 
 (2,) The commissioners so appointed shall be styled "Com- 
 missioners for taking affidavits in and for the Supreme Court 
 of the Territories." C. O. 24, s. 3. 
 
94 
 
 COMPANIES 
 
 COMMISSIONER OF EDUCATION. 
 
 See SCHOOLS. 
 
 COMMISSIONER OF PUBLIC WORKS. 
 
 See PUBLIC woEKS. 
 
 COMMISSIONERS IN PUBLIC MATTERS. 
 
 See INQUIRIES CONCEENlK'G PUBLIC MATTERS. 
 
 COMMON TENANCY. 
 
 See REAL PROPERTY. 
 
 COMPANIES. 
 
 See CEMETERIES. 
 
 COMPANIES (principal ORDINANCE.) 
 
 COMPANIES WINDING UP. 
 
 FOREIGN COMPANIES. 
 
 JCUTUAL FIRE INSURANCE COMPANIES. 
 
 TRUST COMPANIES. 
 
 •WATER, GAS, ELECTRIC AND TELEPHONE COMPANIES. 
 
 J901, u. 20 
 
 June 12, 1901 
 
 Short title 
 
 Territorial 
 Secretary 
 ex officio 
 Registrar 
 
 COMPANIES. 
 
 Principal Ordinance .... .... .... 1901, c. 20 
 
 An Ordinance respecting Com.panies. 
 
 [^Assented to June 12, 1901.] 
 
 THE 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. 
 
 3. This Ordinance shall be administered by the Territorial 
 Secretary who shall be ex officio Eegistrar of Joint Stock 
 Companies. 1901, c. 20, s. 2. 
 
 Interpretation 3. In ' the Construction of this Ordinance and of the 
 schedules thereto and of any rules that may be made there- 
 under if not inconsistent with the context or subject matter: 
 
 Company -^ "Company" shall mean a company incorporated under 
 
 this Oi'dinance; 
 
COMPANIES 95 
 
 ■t 
 
 2. "Court" shall mean the supreme court of the JSTorth-West Cour 
 Territories and shall include a judge thereof; 
 
 3. "Judge" shall mean a judge of the said court; judge 
 
 4. "Eegistrar" shall mean Kegistrar of Joint Stock Com- Registrar 
 panics ; and the expression "Registrar" or "Eegistrar of Joint 
 Stock Companies" shall include the assistant or acting 
 assistant Territorial Secretary and any person appointed by 
 
 the Territorial Secretary as registrar of joint stock companies 
 and his deputy and any one acting for him ; 
 
 5. "Prospectus" means any prospectus, notice, circular, prospectus 
 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. 
 
 « 
 
 4. jSTo company, association or partnership consisting of prohibiuoii of 
 more than twenty persons shall hereafter be formed for the exceeding"" 
 purpose of carrying on any business to which the authority of numlber 
 
 the Legislative Assembly extends that has for its object the 
 acquisition of gain by the company, association or partnership 
 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. 
 
 PAET I. 
 
 Constitution, Ihcoepobation and EEGisTiiATioisr. 
 
 Memorandum of Association. 
 
 5. Any three or more persons associated for any lawful Mode of 
 purpose to which the authority of the Legislative Assembly company 
 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 limited liability. 1901, c. 20, s. 5. 
 
 6. The liability of the members of a company formed under Mode of 
 this Ordinance may according to the memorandum of associa- uabiiity 
 tion 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 nrinciple of having Memorandum 
 
 iTT-T /.-I T-T 1 -1 °f association 
 
 the liability of its members limited to the amount unpaid on of a company 
 
 ■' limited by 
 
 shares 
 
96 COMPANIES 
 
 their shares (hereinafter referred to as a company limited by 
 shares) the memorandum of association shall contain the 
 following 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; 
 
 (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) 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 
 proposes to be registered divided into shares of a 
 certain fixed amount; 
 
 subject to the following regulations: 
 
 (a) That no subscriber shall take less than one share; 
 
 (&) That each subscriber of the memorandum of associa- 
 tion shall write opposite to his name the number of 
 shares he takes ; 
 
 (c) That each subscriber of the memorandum of associa- 
 tion shall be the bona fide holder in his own right of 
 the share or shares for which he has subscribed in 
 the memorandum of association. 1901, c. 20, s. 1. 
 
 rfassooiawo™ ^* Where a company is formed on the principle of having 
 iim^ited"b/'°^ the liability of its members limited to such amount as the 
 guarantee 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 
 memorandum of association shall contain the following things, 
 that is to say: 
 
 (a) The name of the proposed company with the addi- 
 tion 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 
 ofiice of the company is proposed to be situated; 
 
COMPANJES 97 
 
 (d) A declaration that each member midertakes to con- 
 tribute to the assets of the company in the event of 
 the same being wound np 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. 
 
 9. Where a company is formed on the principle of having Memorandum 
 no limit placed on the liability of its members (hereinafter °f an""''''""" 
 referred to as an unlimited company) the memorandum of companf 
 association shall contain the following things, that is to say: 
 
 (a) The name of the proposed company; 
 
 (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. 1901, 
 c. 20, s. 9. 
 
 10. The memorandum of association shall be signed by signature 
 each subscriber in the presence of and be attested by one wit- m'enforlndum 
 ness at the least ; and it shall when registered bind the company 
 
 and the members thereof to the same extent as if each mem- 
 ber had subscribed his name and affixed his seal thereto and 
 there were in the memorandum contained on the part of him- 
 self, 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. 
 
 !!• The memorandum of association may in the case of a Regulations to 
 company limited by shares and shall in the case of a company by articles of 
 
 t.,t''i ' T'lTi ■! 1 association 
 
 limited by guarantee or unlimited be accompanied when 
 registered by articles of association signed by the subscribers 
 to the memorandum of association and prescribing such regu- 
 lations 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 company (whether limited by guarantee or unlimited) that 
 has a capital divided into shares state the amount of capital 
 
98 
 
 COMPANIES 
 
 with which the company proiDOses to be registered ; and in the 
 case of a company (wliether limited by guarantee or unlim- 
 ited) that has not a capital divided into shares state the num- 
 ber of members with which the company proposes to be regis- 
 tered 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 asso- 
 ciation the number of shares he takes. 1901, c. 20, s. 11. 
 
 Application 
 of table 
 
 12. In the case of a company limited by shares if the 
 memorandum is not accompanied by articles of association or 
 in so far as the articles do not exclude or modify the regula- 
 tions 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. 
 
 Signature 
 and effect of 
 articles of 
 association 
 
 Registration 
 
 13. The articles of association shall be signed by each sub- 
 scriber in the presence of and be attested by one witness at 
 least. When registered they shall bind the company and the 
 m.embers thereof to the same extent as if each member had 
 subscribed his name and affixed his seal 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 compapy 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 coifpaiiy 
 in the nature of a specialty debt. 1901, c. 20, s. 13. 
 
 Registration. 
 
 14. The memorandum of association and articles of asso- 
 ciation shall be delivered to the registrar who shall retain and 
 register the same. 1901, c. 20, s. 14. 
 
 Fees 
 
 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 
 
COMPANIES 99 
 
 shares in respect of the several matters mentioned in the table 
 marked in the iirst 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 imder 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 associa- Certificate of 
 tion and of the articles of association in cases" where articles '"''°''p°'''^ '°" 
 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 published 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. 16i 
 
 17. The subscribers of the memorandum of association Effect of 
 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- 
 mon seal with power to hold lands but with such liability on the 
 
 part of the members to contribute to the assets of the company 
 in the event of the same being wound up as is hereinafter 
 mentioned. 1901, c. 2,0, s. 17. 
 
 18. Any certificate of the incorporation of the company Registrar's 
 given by the registrar under his seal of office shall be con- oonciu'^s'ive 
 elusive 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. 
 
100 
 
 COMPANIES 
 
 Copies of 
 memorandum, 
 etc., to be 
 given to 
 members 
 
 Penalty 
 
 Prohibition 
 against 
 identity 
 of names 
 
 19. A copy of the memorandum of association having 
 annexed thereto, the articles of associatioii if any shall be 
 forwarded to every member at his I'eqiiest on payment of the 
 sum of $1 or such less sum as may be prescribed by the com- 
 pany for each copy; and if any company amakes default in 
 forwarding a copy of the memorandiun 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 authorise or permit 
 such default shall upon summary conviction be liable to the 
 like penalty. 1901, c. 20, s. 19. 
 
 30. A'o company shall be registered under a name identical 
 VN'ith that by which a subsisting company is already registered 
 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 covirse of being dissolved 
 and testifies its consent in such manner as the registrar 
 requires ; and if any 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 registered 
 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. 1901, c. 20, s., 20. 
 
 Change of 
 name 
 
 31. Any company with the sanction of a special resolution 
 of the company and with the approval of the registrar may 
 1901, c. 20, s. 21. 
 
 change its name. 
 
 Registration 
 of new name 
 
 33. Upon the change of name of any company under the 
 provisions of either of the two next preceding sections the 
 registrar shall enter the new name on the register in place of 
 the former liame and shall issue a certificate of incorporation 
 altered to meet the circumstances of the case. 1901, c. 20, s. 22. 
 
 Eflfect of 
 alteration 
 of name 
 
 33. ~So such alteration of name shall affect any rights or 
 obligations 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 com- 
 menced 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. 
 
 regTstrarto ^^' Where the registrar has reasonable cause to believe 
 
 of''defimot^'' *^^* ^ Company (whether registered before or after the passing 
 th™reg"i8ter°*^ of this Ordinance) is not carrying on business or in operation 
 
COMPANIES 101 
 
 he shall send to the company by post a letlcr inquiring 
 whether the company is' carrying on business or in operation. 
 
 (2) If tlie registrar does not within one month of sending 
 the letter receive an answer thereto he shall within fourteen 
 clays 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 I'cccived 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 regis i:er. 
 
 (o) 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 
 jmblish in the gazette and send to the company a notice that 
 at the cxjiiration 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 
 rdinjiany dissolve<l. 
 
 (4-) At the expiration of the time mentioned in the notice 
 the registrar may mdess cause to the contrary is previously 
 shown by such company strike the name of such comjiany 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 dissolved : 
 
 Provided that the liability if any of every director, manag- 
 ing officer and member of the company shall continue and may 
 be enforced as if the company had not been dissolved. 
 
 (.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 
 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 com- 
 pany 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. 
 
 f 6) A letter or notice authorised or required for the jnirpose 
 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 
 
102 
 
 COMPANIES 
 
 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 regis- 
 trar 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 demanding 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. 
 2,0, s. 24. 
 
 PAET II. 
 
 DiSTEIBUTION OF CaPITAL AND LIABILITY OF MeMBERS AND 
 
 Officees of Companies. 
 
 Definition of 
 member 
 
 Distribution of Capital. 
 
 25. The subscribers of the memorandum of association of 
 any company under this Ordinance shall be d(iPin;-d 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 
 licreinafter mentioned; and every other person who has agreed 
 1o 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. 
 
 Nature of 
 interest, etc, 
 in company 
 
 36. 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 number. 
 1901, c. 20, s. 26. 
 
 Register of 
 member.s 
 
 37. Every company under .this Ordinance shall cause to be 
 kept in one or more books a register of its members ; and there 
 shall be entered therein the following particulars: 
 
COMPANIES 103 
 
 (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 
 member distinguishing each share by its number; 
 and the amount paid or agreed to be considered as 
 paid on the shares of each member ; 
 
 (&) 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 mem- 
 ber. 
 
 (2) Any company acting in contravention of this section penalty 
 shall upon summary conviction be liable to a penalty not 
 exceeding $25 for every day during which its default in com- 
 plying with the provisions of this section continues ; and every 
 director, manager, secretary and officer of the company who 
 shall knowingly and wilfully authorise or permit such contra- 
 ^ ention shall upon summary conviction be liable to the like 
 penalty. 1901, c. 20, s. 27. 
 
 38. Any transfer of the share or other interest of a deceased Transfer by 
 member of a company under this Ordinance made by his per- ^Iprea^tative 
 sonal representative shall notwithstanding such personal repre- 
 sentative 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. 
 
 29. A company shall on the application of the transferor of Entry ot 
 
 ^ ■J . ^-^ ,■•, •, j; transfer by 
 
 any shares or interest m the company enter m its register ot transferor 
 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. 
 
 30. Any transfer of shares in a company under this Transfer to 
 
 ■^ . . , . ■ J.T. escape 
 
 Ordinance made for the purpose of avoiding or escaping theuabiuty 
 further liability of a shareholder as such for a nominal or no 
 consideration or to a person in the menial or domestic service 
 of the transferor shall be deemed to be a fraudulent transfer 
 and need not be recognised by the company or by the court 
 on the winding up of the company. 1901, c. 20, s. 30. 
 
104 
 
 COMPANIES 
 
 Annual list 
 of shares 
 
 Penalty 
 
 31. Every company having a capital divided into shares 
 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 v?hich 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 nmnber 
 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 pei'sons who 
 have ceased to be members since the last list 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 
 registrar. 
 
 (3) Any company making default in complying with the 
 provisions of this section with respect to forwarding such list 
 of members or summary as is hereinbefore mentioned to the 
 registrar shall upon summary conviction be liable to a penalty 
 not exceeding $2.5 for every day during which such default 
 continues; and every director, manager, secretary and officer 
 of the company who shall knowingly and wilfully authorise or 
 permit such default shall upon summary conviction be liable 
 to the like penalty. 1901, c. 20, s. 31. 
 
 Every company under this Ordinance having a capital 
 
 Company to 33 
 
 give notice of ' _ 
 
 ete.rof'^hares divided into shares that has consolidated and divided its 
 
COMPANIES 105 
 
 capital into shares of larger amount than its existing shares or 
 converted 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. 
 
 33. Where any company having a capital divided into Effect of 
 shares has converted any portion of its capital into stock and ?„ "o^tock" 
 given notice of such conversion to the registrar all the pro- 
 visions 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. 
 
 34. 'No notice of any trust (expressed, implied or construe- no trust to 
 tive) shall be entered on the register or be receivable by the r|g™teT^* °" 
 registrar in the case of companies under this Ordinance. 1901, 
 
 c. 20, s. 34. 
 
 35. The company shall not be bound to see to the execution company not 
 of any trust (whether expressed, implied or constructive) in to"tni8ts,^eta 
 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 ^^'hether 
 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. 
 
 36. A certificate under the common seal of the company Evidence 
 specifying any share or shares or stock held by any member shares%'tc. 
 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. 2,0, s. 36. 
 
 37. Tlie register of members commencing from the date of inspectinn 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 
 general -meeting may impose but so that no less than two 
 hours in each day be appointed for inspection be open to the 
 
106 
 
 COMPANIES 
 
 Closing of 
 register 
 
 Notice to 
 registrar of 
 increase of 
 capital or 
 membera 
 
 inspection of any member gratis and to the inspection of any 
 other person on the payment of twenty-five cents or such less 
 sum as the company'may prescribe for each inspection; and 
 every such member or other person may require a copy of 
 such register or of any part thereof or of such list 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 oificer of the company who 
 sliall knowingly authorise or permit such refusal shall upon 
 summary conviction be liable to the like penalty ; and in addi- 
 tion to the above penalty any judge of the supreme court 
 sitting . in chambers may upon sunomary order compel an 
 immediate inspection of the register. 1901, c. 20, s. 37. 
 
 38. Any company under this Ordinance may upon giving 
 notice by advertisement in some newspaper circulating in the 
 district in which the registered office of the company is 
 situated 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 
 (whether shares may or may not have been converted into 
 stock) notice of any increase in such capital beyond the 
 registered capital and where a company has not a capital 
 divided into shares notice of any increase in the nimiber 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 authorised and in the case of an increase 
 of members within fifteen days from the time at which siich 
 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 summarj- 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 authorise or permit such default 
 shall upon summary conviction be liable to the like penalty. 
 1901, c. 20, s. 39. 
 
COMPANIES 107 
 
 40. If the name of any person is without sufficient cause Remedy for 
 
 ■^ ^ . improper 
 
 entered in or omitted from the register of members of any entry or , 
 
 _ ° . •' omi39ion in 
 
 company imder this Ordinance or if default is made or unnec- the register 
 
 essary delay takes place in entering in the register the fact of 
 
 any person having ceased to he a member of the company 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 
 
 iin 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. 
 
 41. Whenever any order has been made rectifying theNot^eto^^ 
 register in the case of a company hereby required to send areoHflcaUon 
 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. 
 
 43. The register of members shall be pri7na facie^ evidence R^^stpr to be 
 of any matters by this Ordinance directed or authorised to be 
 inserted therein. 1901, c. 20, s. 42. 
 
 LiaUlity of Members. 
 
 43. Every share in any company shall be deemed and taken whaUu^biiuy 
 to have been issued and to be held subject to the payment of to carry 
 the whole amount thereof in cash unless the same shall have 
 been otherwise determined by a contract duly made in writing 
 and filed with the registrar at or before the issue of such share. 
 1901, c. 20, s. 43. 
 
108 COMPANIES 
 
 Shareholder's 44. Except as hereinafter otherwise provided each share- 
 
 liability on ^ c i • i j_ i j.i 
 
 \inpaid portion holder imtil the whole amount oi 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 I'-art any set off which he could set up against the 
 company except a claim for unpaid dividends or a salary or 
 allowance as a president or a director of the company. 
 
 (3) The sliareholders of the company shall not as such be 
 held resj)onsible 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. 
 2,0, s. 44. 
 
 Trustees, etc. 45. ISTo person holding shares, stock or other interest in the 
 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. 
 
 Ua°bXtyor' ^^' ■^^'^ person holding shares, stock or other interest as 
 
 v\Tdieiot "'' collateral security shall be personally subject to liability as a 
 
 shares shareholder; but the person pledging such shares, stock or 
 
 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. 4G. 
 
 Liability, etc., 4T. In the event of a company formed under this Ordinance 
 shareholders or under anv other Ordinance of the Territories beino' wound 
 
 in case of i n i „ ° 
 
 winding up 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 
 
COMPANIES 109 
 
 lip 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) ]Sro past member shall be liable to contribute to the 
 assets of the coiiqiany if he has ceased to' be a 
 member for a period of one year or upwards prior to 
 the commencement of the winding up ; 
 
 (5) Xo 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 ; 
 
 ((•) !N"o past meml>er 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 
 contribution shall be required from any member 
 exceeding tlie amount if any unpaid on the shares 
 in respect of which he is liable as a present or past 
 member ; 
 
 (e) In the case of a company limited 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 associa- 
 tion; 
 
 (/) K^othing in this Ordinance contained shall invalidate 
 any provisitm contained in any contract whereby the 
 liability of individual members upon any such con- 
 tract is restricted or whereby the funds of the com- 
 pany are alone made liable in respect of such con- 
 tract ; 
 
 (g) No sum due to any member of a company in his 
 character 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 com- 
 petition Ijetween 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 adjustment of the rights of the contributories 
 among themselves. 1901, c. 20, s. -±7. 
 
 ^a 
 
 Liahility of •Directors. 
 
 48. Where a company is formed as a limited company the company may 
 liability of the directors or managers of such company or the with^.^^_^ 
 
 liabilities 
 
110 COMPANIES 
 
 managing director may if so provided byjthe 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 
 
 andpSnf ' the evsnt of the winding up of a limited company from any 
 uawiftyis director or manager whose liability is in pursuance of this 
 
 unlimited j^ t t • i 
 
 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 liable 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 liable 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 
 to hold such office 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. 
 
 Director with 50. In the cvcnt of the winding up of any limited company 
 
 liability may the court if it thinks fit may allow to any director or manager 
 
 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. 
 
 Notice to 51. In any limited company in which in pursuance of this 
 
 be firiven to j. r. j. 
 
 director on his Ordinance the liability of a director or manager is unlimited 
 
 election thcit • 
 
 his liability the directors or managers of the company if any and the 
 
 unlimited member who proposes any person for election or appointment 
 
 ■ to such office shall add to such proposal a statement that the 
 
COMPANIES 1 1 1 
 
 liability of the 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 
 liability will be unlimited. 
 
 (2) If any director, manager or proposer make default in 
 iidding 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 pay Dividends not 
 any dividend when the company is insolvent or any dividend insoivenoy^of" 
 the payment of which renders the company insolvent or™™*"*"^ 
 diminishes 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 
 liability. 1901, c. 20, s. 52. 
 
 53. Xo loan shall be made by the company to any share- Prohibits 
 bolder; and if such loan is made all directors and other shareholders 
 officers of the company making the same and in anywise assent- 
 ing 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 socipty. 1901, c. 20, s. 53. 
 
 54. The directors of a company shall be jointly and sever- Liability of 
 ally liable to the clerks, labourers, servants and apprentices wages"'^^ " 
 thereof for all debts not exeoediug six months' -^^-ages due for 
 services performed for the company whilst they are such 
 directors 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 
 
112 COilPAKIES 
 
 is returned unsatisfied in ^\■hole or in part; and the amount 
 unsatisfied on such execution shall be the amount recoverable 
 with' costs from the directors. 1901, c. 20, s. 54. 
 
 Prospectus. 
 
 Publication of 55. Every prospectus issued by or on behalf of any com- 
 
 pi-ospectus J c L "^ ,.,. 
 
 pany 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) S. co]3y of every such prospectus shall be signed by every 
 person \\\\o is named therein as a director or proposed director 
 of the company or by his duly authorised agent ; and shall be 
 filed with the registrar on or before the date of its publication. 
 
 (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 requirements 
 of this section every officer and agent of the company who is 
 party to the issue of the prospectus shall upon summary 
 conviction be liable to a fine not exceeding $25 for every day 
 during which the default continues. 1901, c. 2.0, s. 55. 
 
 prospectus' ^^' 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 ; 
 
 (&) The number of shares if any fixed by the articles of 
 association as the qualification of a director; 
 
 (c) The names, occupations and addresses of the directors 
 or proposed directors and tlie number of shares held 
 or agreed to be taken liv them respectively and 
 whether any such share is lield or agreed to be taken 
 by any of them otherwise than in his own right as 
 beneficial owner ; 
 
 .(cZ) 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 numl)cr and amount of shares and debentures 
 issued or agreed to be issued as fully or partly paid 
 up othei'wise than in cash ; and in the latter case the 
 extent to which they are so paid up; and in either 
 
compajN'ies lis 
 
 case the consideration for which such shares or 
 debentures 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 
 completed at the date of publication of the prospectus 
 and where there 'is more than one vendor or the 
 company is a subpurchaser the amount payable in , 
 cash, shares or debentures to each vendor; 
 
 (g) The amoimt if any payable as purchase money in 
 cash, shares or debentures of any such property as 
 aforesaid specify'.ng the amount payable for good will 
 if any such amount is separately payable; 
 
 (h) 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 ; 
 
 (;') The amount intended to be paid to any promoter and 
 the consideration for which it is to be paid ; 
 
 (Z;) The amount intended to be reserved for working 
 capital ; 
 
 (?) The dates, parties and short purport or effect of every 
 material contract and every material fact known to 
 any director or promoter 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 : 
 
 Provided that this requirement shall not apply to a 
 contract entered into in the ordinary course of busi- 
 ness carried on or intended to be carried on by the 
 company or to any contract entered into more than 
 five years before the date of publication of the pros- 
 pectus ; 
 
 (m) The names and addresses of the auditors if any of 
 the company; 
 
 (n) Full particulars of the nature and extent of the 
 interest if any of every director in the promotion of 
 or in the property proposed to be acquired by the 
 
114 COMPANIES 
 
 company "vvith 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 
 
 (h) 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 issut. 
 
 (3) This section shall not apply to a circular or notice 
 inviting existing members or debenture holders of a comiir.n} 
 to subscribe for further shares or debentures; but subject as 
 aforesaid this section shall apply to any prospectus whether 
 issued or with reference to the formation of a company or 
 subsequently : 
 
 Provided that : 
 
 (a) The requireraents as to the memorandum of asso':'ia- 
 tion ; and the qualification, remuneration and interest 
 of directors ; the names, descriptions and addresses of 
 directors or proposed directors; a,nd the amoimt 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 compnny is 
 entitled to commence business; 
 
 and 
 
 (&) In the case of a prospectus published more than one 
 3'ear after the date at which the company is entitled 
 to commence business the obligation to disclose all 
 material contracts shall be limited to a period of two 
 years immediately preceding the publication of the 
 prospectus. 
 
 (4) Any condition requiring or binding any applican'. for 
 shares or debentures to waive compliance with any requirement 
 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. 
 
COMPANIES 115 
 
 (5) Where any such prospectus as is mentioned iu this 
 section is published as a newspaper advertisement it shall not 
 be necessary 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. Where a j^rospectus or notice invites persons to sub- Liability for 
 scribe for shares in or debentures or debenture stock of a com- prospectus 
 pany 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 authorised such naming of him is named in the pros- 
 pectus 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 authorised the issue of the pros- 
 pectus 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 
 iintrue 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 
 purporting 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; 
 
 (&) With respect to every such untrue statement purport- 
 ing to be a statement by or contained in what pur- 
 ports 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 fair copy of or extract 
 from the report or valuation: 
 
 Provided always that not\vithstanding 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 authorised the 
 issue of the prospectus or notice as aforesaid shall be 
 liable to pay compensation as aforesaid if it be 
 
116 COMPANIES 
 
 ptoved that he had no reasonable ground to believe 
 that the person making the statement, report or valu- 
 ation was competent to make it ; 
 
 (c) With respect to every such untrue statement pur- 
 porting 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 pros- 
 j^ectus 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 stich prospectus or 
 notice and before allotment thereunder he on becom- 
 ing aware of any untrue statement therein withdrew 
 his consent thereto and caused reasonable public 
 notice of such withdrawal 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 pros- 
 pectus or notice no director of such company shall be liable 
 in respect of any statement therein unless he shall have author- 
 ised 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. 
 
 where name ^^' ^^^^^'^ ^^J such prospectus Or uQtice as aforesaid con- 
 bien"^^"" has taius the name of a person as director of the company or as 
 i™serterisa ^^^"^g agreed to become a director thereof and such person 
 director has not Consented to become a director or has withdrawn his 
 
 consent before the issue of such prospectus or notice and has 
 
OOJIPAMES 117 
 
 not authorised or consented to the issue thereof the directors 
 of the compaii}- except any without whose knowledge or consent 
 the prospectus or notice was issued and any o-ther person wlio 
 authorised tlic issue of s\icli prospcct\is or notice sliall be liable 
 to indemnify the person named as a director of the company or 
 as having agreed to become a director thereof as aforesaid 
 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 contribution 
 named as a director or as having agreed to become a director co-directors, 
 or of his having authorised the issue of the prospectus or notice 
 has become liable to make any payment under the pro\'isions 
 of this Ordinance shall be entitled to recover contribution as in 
 cases of e<mtvact from any other person who if sued separately 
 would have been liable to make the same payment. 1901, c. 
 20, s. :.o. 
 
 60. A person shall not be capable of being appointed Restr 
 
 ictioiiB 
 
 on 
 
 director of a company liy the articles of association and shall appointment 
 not be named as a director or proposed director of a company advertisement 
 
 ,,,.., of director 
 
 in any pmspectus issued by or m helialt of the company uuJess 
 before the registration of the articles or the publication of the 
 prospectus (as the case may be) he has by himself or In- his 
 agent authorised in writing — 
 
 (a) Signed and filed with the registrar a cousciit in writ- 
 ing to act as such director ; and 
 
 (&) 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 from the company and pay for his 
 qualification shares if any. 
 
 (2) On the application for registration of the meinoraudum 
 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 this list contains the 
 name of any person who has not so consented the applicant 
 shall be liable on summary emiviction to a fine not exceeding 
 $200. 
 
 (3) Provided that this section shall not apply to a company 
 which does not isstie any invitation to the public to subscribe 
 for its shares or to a prospectus issued by or on behalf of a 
 
118 
 
 COJIPANIES 
 
 Circulating 
 misleading 
 documents 
 
 company after the expiration of one year from the date at 
 which the company is entitled to commence business. 1901, 
 c. 20, s. 60. 
 
 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, company, 
 officer, agent or employee who causes to be inserted an adver- 
 tisement in any newspaper or who publishes, issues or circu- 
 lates or causes to be published, issued or circulated any adver- 
 dsement, letter head, post card, accoimt 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 of 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 corpor- 
 ation, 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. 2.0, s. 61. 
 
 PART III. 
 
 POWEES, MxlNAGEMENT AND ADMINISTEATIOlSr. 
 
 Preference Shares. 
 
 P^eicrence 63. The diroctors of any company incorporated or rein- 
 
 corporated 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 
 dividends 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 
 
 Penalty 
 
COMPANIES 119 
 
 stated proportion of the board of directors or may give 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 liabilities 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. 2,0, 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 wSS'^pecfaiiy 
 whereof are restricted to acquiring, managing, developing, uSbiiity ' 
 working and selling mines, mineral claims and mining""'*'*'''*'' 
 properties and the winning, getting, treating, refining and 
 marketing of mineral therefrom may contain a provision that 
 
 no liability 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 licence to any foreign company has been marked 
 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 "Issued under section 63 respecting Mining Companies 
 of TJte 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 
 "ISTonassessable" as the case may be. 1901, c. 20, s. ('A. 
 
 65. Every mining company the memorandum of association charter, 
 
 » , . , . ^1 . T ■ ■ 1 n 1 -ii prospectuses 
 
 of which contains the said provision shall have written or and other 
 printed on its charter, prospectus, stock certificates, bonds, ot such 
 contracts, agreements, notices, advertisements and other ofiicial be°'peciai!y 
 publications and in all bills of exchange, promissory notes, 
 
120 COMPANIES 
 
 indorsements, cheques and orders for money or goods pur- 
 porting to be signed Ly 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 vs^ords "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 authorises or permits such 
 default shall be liable to the like penalty. 1901, c. 20, s. 65. 
 
 of"paymenTof ^^* I^ the event of any call or calls on assessable shares in 
 on^suc™share3 ^ Company so incorporated remaining unpaid by the subscriber 
 thereto or holder thereof for a period of sixty days after the 
 notice and demand of payment siich shares may be declared 
 to be in default; and the secretary of the company may 
 advertise such shares for sale at public auction to the highest 
 bidder for cash by giving notice of such sale in some news- 
 paper published or circulating in the city or district where the 
 principal office of the comj)any is situated for a period of one 
 month ; and such notice shall contain the number of the certifi- 
 cate 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 
 laiown address ; and if the subscriber or holder of such shares 
 shall fail to pay the amount due upon such shares with interest 
 ui3on the same and cost of advertising before the time fixed for 
 such sale the secretary shall proceed to sell the same or such 
 l^ortion 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. 
 
 Liability of 67. JSTo shareholder or subscriber for shares in any company 
 
 shareholder ^ .7 r ./ 
 
 on such shares so incorporated shall be personally liable for nonpayment of 
 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. 
 
COMPANIES 121 
 
 68. Whenever any shares have been heretofore issued by Existing 
 any company duly incorporated under any Ordinance as fully """'p*""''^ 
 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 ^nd held to be fuUy paid up and the holder thereof 
 shall be subject to no personal liability thereon in the same 
 manner as if the memorandum of a^ociation of the company 
 had contained the provision aforesaid. 1901, c. 20, s. 68. 
 
 Adjustment of Calls and Dividends. 
 
 69. jSTothing contained in this Ordinance shall be deemed Adjustment 
 to prevent any company incorporated under this Ordinance if divideiids 
 authorised by its regulations as originally framed or as altered 
 
 by special resolution fi'om doing any one or more of the 
 following 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 remain- 
 ing tmpaid 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 dividends 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. 
 
 TO. Any company limited by shares may by special resolu- Subdivision 
 tion so far modify the conditions contained in its memorandum 
 of association if authorised so to do by its regulations as 
 originally framed or as altered by special resolution as by 
 subdivision 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 
 proportion between the amount that is paid and the amount 
 if any which is unpaid on each share of reduced amount shall 
 
122 ccairANiES 
 
 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. YO. 
 
 of shfareTto '71- The statement of the number and amount of the shares 
 
 special ^'^'^ into which the capital of the company is divided contained in 
 resolution gyg^.y copy of the memorandum of association or any other 
 oificial 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 -^vith 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 
 authorises or permits any such default shall upon summary 
 conviction be liable to the like penalty. 1901, e. 20, s. 71. 
 
 Share Warrants. 
 
 warrantof 73. In the casc of a company limited by shares the com- 
 
 hmited shares . . ,. ,. ..,, 
 
 fully paid up pany, if authorised to do so by its regulations as originally 
 may be issued framed Or as altered by special resolution and siibiect to the 
 
 to bearer ...,,. . , , 
 
 provisions 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. 
 
 Effects of and 73. A share warrant shall entitle the bearer of such warrant 
 transfer of to the shares 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. 
 
 S^beare^'oT '^^' '^^^ bearer of a share warrant shall subject to the 
 lurreiS^of" regulations of the company be entitled on' surrendering such 
 warrant warrant for cancellation to have his name entered as a member 
 in the register of members ; and the company shall be respon- 
 sible for any loss incurred by any person by reason of the 
 company entering in its register of members the name of any 
 bearer of a share warrant in respect of the shares or stock 
 specified therein without the share warrant being surrendered 
 and cancelled. 1901, c. 2,0, s. 74. 
 
 itea?e?of '^^' '^^^ bearer of a share warrant may if the regulations 
 
 Is membe^rf ^^ ^^^ Company so provide be deemed to be a member of the 
 
 company 
 
COMPAiN-IES 12S 
 
 company within the meaning of this Ordinance either to the 
 fnll extent or for such purposes as may be prescribed by the 
 regulations : 
 
 Provided that the bearer of a share warrant shall not he 
 qualified 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 qualification is prescribed by the regula- 
 tions of the company. 1901, c. 20, s. V5. 
 
 76. On the issue of a share warrant in respect of any share Entries in 
 or stock the con.ipany shall strike out of its register of members caae^Fshare 
 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; 
 
 (b) 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 of 
 annual summary required by the thirty-first section of this in annual 
 Ordinance shall contain the following particulars : summary 
 
 (a) The total amount of shares or stock for which share 
 warrants are outstanding at the date of the summary ; 
 
 (&) The total amo«nt of share warrants which have been 
 issued and surrendered respectively since the last 
 summary was made; and 
 
 (c) The number of shares or amoimt 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 
 
 •^ jr./ ./ .,. . J reduce 
 
 tion SO far modify the conditions contained m its memorandum capital 
 of association if authorised to do so by its regulations as 
 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 herein- 
 after mentioned. 
 
124 COMPAKIES 
 
 (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 imrepresented l)y available assets or to 
 pay off any capital which niay be in excess of the wants of the 
 company; and paid uj) capilal 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. 
 
 reduction'' '^^- Every company .-hall after the date of the pa-sing of 
 
 added toname any special resolution for reducing its capital add t(j its name 
 until such date as the 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, 
 p. 20, s. 79. 
 
 apply for '" ^^' "^ compauv whicli has ])assed a S23ecial resolution for 
 fngrefhictuJU reducing its capital may apply to the court by petition for an 
 order confirming the j'cduction; and on. the hea,ring of the 
 petition 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 
 I'eduction has l)een olitained 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 cither the diminution of any liability in respect 
 of impaid capital or the payment to any shareholder of any 
 paid \\p capital: 
 
 ((() 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 
 the court may think expedient Avith a view to giving proper 
 
COMPANIES 125 
 
 information to the public in relatioi^ 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. Wliei'c a company proposes to reduce its capital every Right o( 
 creditor of the company who at the date fixed by the court is objeeUo '° 
 entitled to any debt or claim which if that date were the '''"^"°"°" 
 commencement of the winding up of the company would be 
 admissible in proof against the company shall be entitled to 
 object to the proposed reduction and to be entei-ed in the list 
 of creditors who are so entitled to object. 
 
 (2) The court shall settle a list of such creditors; and for 
 that purpose shall ascertain as far as possible without requiring 
 an application from any creditor the names of such creditors 
 and the nature and amotmt of their debts or claims ; and may 
 publish notices fixing a ceilain 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 
 objecting to the proposed rei.luction. 1901, c. 20, s. 81. 
 
 83. Where a creditor M'hose name is entered on the list of court may 
 creditors and whose debt or claim is not discharged or deter- consenToT' 
 mined does not consent to tlie proposed reduction the court security given 
 may if it thinlcs fit dispense 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 aj^propriated ; 
 
 2. If the full amount of the debt or claim is- not 
 admitted by the company and is not such as the company 
 is willing to set apart and appropriate or if th* 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 
 mariner 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. 
 
128 COJIPANIES 
 
 alter the provisions of its memorandum of 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 notice has been given to every holder 
 of debentures or debenture stock of the company and 
 any person or class of persons whose interests will 
 in the opinion of the court be affected by the altera- 
 tion; and 
 
 (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 deter- 
 mined 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 court shall in exercising its discretion under the 
 provisions of this section have regard to the rights and interests 
 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. 
 
 Confirmation (^) '^^^ 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 
 
CO^iIPANIES 129 
 
 (&) To attain its main purpose by new or improved 
 means; or 
 
 '■ (c) To enlarge or change the local area of its operatiotiS ; 
 
 or 
 
 (d) To carry on some business which under existing 
 ; circumstances may conveniently or advantageousl}' 
 i 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. 
 
 90. "Where a company has altered the provisions of its Registration 
 memorandum of association with respect to the objects of the memorandum 
 company and such alteration has been confirmed by the court ° ^^^°^^^ '°" 
 an ofiice 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 registe;- 
 the same; and shall certify under his hand the registration 
 thereof; and his certificate shall be conclusive evidence that 
 all the requii-ements of this Ordinance with respect to such 
 alteration 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 defaidt in delivering to tlie Penalty 
 registrar any document required by this section to be delivered 
 to him the company shall upon summary conviction be liable 
 to a penalty not exceeding $50 for every day duriitg wliicJi it 
 is in default ; and every director, manager, secretary and ofiicer 
 of the company who shall knowingly and wilfully authorise 
 or permit such default shall upon sumamrv conviction be liable 
 to the like penalty. 1901, c. 20, s. 90. • 
 
 Increase of Capital. 
 
 f 91. Any company limited by sharps may so far modify tlie Power of 
 conditions contained in its memoraijiluui of association if panies to alter 
 
 -, . -, ^ 1- -I ' ..-,-,(, -, nieniorandutn 
 
 authorised to do so by its regulations as originally framed or ot association 
 altered by special resolution in manner hereinafter mentioned 
 as to increase its capital by the issue of new shares of siich 
 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 aforesaid 
 and save as to the location of the registered oiSce of the com- 
 6a 
 
132 
 
 COM I'ANIES 
 
 tioiis of the company shall be binding upon (he company; and- 
 iu no case shall it be necessary to have the seal of the company 
 affixed to any snch contract, agreement, engagement^ bargain^ 
 bill of exchange, promissory note or cheqne or to prove that 
 the same Avas m^de, drawn, accepted or indorsed as the case 
 may be in pursuance of any regulations or "special resolution 
 or order; nor shAll the party so acting as a^ent, officer or 
 servant of the company be thereby subjected individually to 
 any liability whatsoever to any third party therefor. 1901, c. 
 20', s. 97. 
 
 Borrowing Powers. 
 
 Power to 98. All companies under this Ordinance shall have power 
 
 borrow money >- ...» 
 
 and tosecure fn^biect to the conditions of and in addition to all other powers 
 
 repayment •' /■ 1 ' 
 
 conferred 1)\- this Ordinance to borrow money for the purpose 
 of carrying out the objects of their respective incorporations; 
 aii'd to hy23ot]iecate, 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; arid to pledge debentures as security 
 for temporary loans. 
 
 (2) These i^owers shall not be exercised except with the 
 sanction of a special resolution of the company previously 
 given in general lueeting., 1901, c. 20, s. 98. 
 
 rovisioiis 
 
 for Protection of Creditors. 
 
 Kegistered 
 office of 
 company 
 
 99. Every conipany imder this Ordinance shall have a 
 registered. office within the Territories to which all communica- 
 tions may be addressed. 
 
 (2) If any company under this Ordinance carries on 
 business without having such an office it shall upon summary 
 conviction 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 
 
 100. Ivotice of the situation of such registered office and of 
 any change therein shall bes given to the registrar and recorded 
 by him; and until such notice is given the company" shair 
 not be deemed to 'have complied with the provisions of this 
 Ordinance witL respect to having a .registered office. 1901, 
 c. 20, s. 100. 
 
 ofp^picjlby ^^^' Every limited company under this Ordinance whether 
 
 Mi^any limit«d by shares or by guarantee shall paint or affiLx and' shall! 
 
 Pijblloation 
 ioy 
 
co^rrAAiES 133 
 
 keep painted or affixed its name on the outside of every office 
 or place in which the business of the company is carried on in 
 a consjucuous 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 charactei's in all notices, 
 advertisements and other oilcial publications of such company 
 and in all bills of exchange, promissory notes, indorsements, 
 cheques and orders iov money or goods purporting to be signed 
 by or on liehalf of such company ; and in all bills of parcels, 
 invoices, receipts and letters of credit of the company. 1901, 
 c. 20, s. 101. 
 
 102. If any limited company, under this Ordinance does penalties for 
 not paint or affix and keep painted or affixed its name in uon^o" name, 
 manner directed by this Ordinance it shall upon summary ^'°' 
 conviction be liable to a penalty not exceeding $2.") for not so 
 painting 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 com])aiiy who shall knowingly and wilfully 
 authorise and permit such default shall upon summary convic- 
 tion be liable to the like penalty ; and if any director, manager 
 or officer of such company or any person on its behalf u.ses or 
 authorises the use of any seal purporting to be the seal of the 
 company whereon its name is not so engraven as aforesaid or 
 issues or authorises the issue of any notice, advertisement or 
 other official publication of such comj^any or signs or authorises 
 to be signed on behalf of such company any bill of exchange, 
 l.irpmissory note, indorsement, cheque or order for money or 
 goods or issues or authorises 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 
 summary conviction be liable to a penalty of $250 and shall 
 further -be personally liable to the holder of any such bill of 
 exchange, promissory 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 Register ot 
 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 mortgagees or persons entitled to such 
 charge; and if any . property of the company is mortgaged 
 without such entry as aforesaid being made every director, 
 manager or officer of the company who knowingly and wilfully 
 
134- COMPANIES 
 
 authorises or permits the omission of such entry shall upon 
 summary conviction be liable to a penalty not exceeding $350. 
 
 (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 director 
 and manager of the company authorisng or knowingly and 
 wilfully permitting such refusal shall upon summary convic- 
 tion 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 com- 
 pel an immediate inspection of the register. 1901, c. 20, s. 
 103. 
 
 Register of 104. Everv Company under this Ordinance shall keep at 
 
 directors, etc. j r ■/ ... - 
 
 its registered office a register containing the names and 
 addresses and the occupation 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 105. If any Company under this Ordinance makes default 
 
 company not . , . ■ , f ■ . t , • i 
 
 keeping in keeping a register oi its directors or managers or m 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 authorise or permit such 
 default shall upon summary conviction be liable to, the like 
 penalty. 1901, c. 20, s. 105. 
 
 Prohibits 106. If any company under this Ordinance carries oa 
 
 Susineafw^th business when the number of its members is less than three 
 
 less than three r • i j: • j.i j-i . i i i i 
 
 members lor a period 01 SIX months alter the number has been so 
 reduced every person who is a member of such compf.ny 
 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 carrying 
 on business with fewer than three members shall be severally 
 liable for the payment of the whole of the debts of the 
 company contracted during such time and may be sued foi 
 the same without the joinder in the action of suit of any other 
 member. 1901, c. 20, s. 106. 
 
COMPANIES 135 
 
 107. A company shall not commence any business or ex- Restrictions 
 
 „„„; 1-1 on oonimenoe- 
 
 ercise any borrowing powers unless : ment of 
 
 business 
 
 (a) Shaves 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 
 
 (b) Every director of the company has paid to the 
 company on each of the shares taken or contracted to 
 be taken by him and for which he is liable to pay in 
 cash a proportion equal to the proportion payable on 
 application and allotment on the shares offered for 
 public subscription; and 
 
 (c) There has been filed with the registrar a statutory 
 declaration by the secretary or one of the directors 
 in the jDrescribed form that the aforesaid conditions 
 have been complied with. 
 
 (2,) The registrar shall on the filing of this statutory 
 declaration certify that the company is entitled to commence 
 business; and that certificate shall be conclusive evidence that 
 the company 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) Xothing 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 
 borrowing powers in contravention of this section every jjerson 
 who is responsible for the contravention shall without preju- 
 dice to any other liability be liable to a fine not exceeding 
 $200 for every day during which the contravention continues. 
 
 (6) This section shall not apply to any company where 
 there is no invitation to the public to subscribe for its shares. 
 
 1901, c. 20, s. lor. 
 
 108. 'No allotment shall be made of any share capital of a 
 company offered to the public for subscription imless the 
 following conditions have been complied with, namely: 
 
 (a) The amount if any fixed by the memorandum or Restrictions 
 articles of association and named m the prospectus allotment 
 as a minimum subscription upon which the directors 
 may proceed to allotment; or 
 
136 COMPANIES 
 
 (h) If no amount is so fixed and named, then the whoie 
 amount of the share capital so offered for subscrip- 
 tion has been subscribed and the sum payable on 
 application for the amount so fixed and named or for 
 the whole amount offered for subscription has been 
 paid to and received by the company. 
 
 ( -2 ) The amount so fixed and named and the ^vhole amoimt 
 aforesaid shall be reckoned exclusively of any amount payable 
 otherwise than in cash and is in this Ordinance referred to 
 as the minimum svibseription. 
 
 (3) The amount payable on application on each share shall 
 not be less than five per centum of the nominal amount of the 
 share. 
 
 (4) If the conditions aforesaid have not been complied with 
 on the expiration of forty days after the first issue of the 
 prospectus all money received from applicants 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 j)er 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 mone}^ was not due to any misconduct or 
 negligence on his part. 
 
 (5) Any condition requiring or binding an apj^licant for 
 shares to waive compliance with any requirement of this 
 section shall be void. 
 
 (6) This section except subsection (3) thereof shall not 
 a)3ply to any allotment of shares subsequent to the first allot- 
 ment of shares off'ered to the public for subscription. 1901, 
 c. 20, s. 108. 
 
 Effect of 109. An allotment made bv a companv to an applicant in 
 
 irregular . cif ' -ti/ x-i 
 
 aiiotrueiit coutraventiou of the foregoing provisions of this Ordinance 
 shall be voidable at the instance of the applicant within one 
 jnonth after the holding of the statutory meeting of the com- 
 pany and not later; and shall be voidable, notwithstanding 
 that the company is in cdiirse of being wound up. 
 
 (2) If any director of a company knowingly contravenes or 
 ]ifrmits or authorises the contravention of any of the fore- 
 going provisions of this Ordinance with respect to allotments 
 lie 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 therebv: 
 
COMPANIES 137 
 
 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. , 
 
 110. Whenever a company limited by shares makes any R«turn^as to 
 allotment of its shares the company shall Avithin one month 
 thereafter file with the registrar : 
 
 (a) A retiirn 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 alloted in whole or in part for a 
 consideration otlier than cash a contract in writing 
 constituting 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 allot- 
 ment was made; and a return stating the number 
 and nominal amount of shares so allotted, and the 
 extent to which tliey are to be treated as paid up and 
 the consideration for which they have l)een allotted. 
 
 (2) If default is made in Cdiiiplyiug with the requirements 
 of this section c^'ery dircetov, uiauager, secretary or other 
 oiEcer of the company who is knowingly a party to tlie default 
 shall be liable -to a iiue unt exceeding $2,jU for every day 
 durins; which default continues. 1901, e. 20, s. 110. 
 
 ^t) 
 
 111. Upon any offer of shares to the i:)ublic for subscription Commissions, 
 
 ' ■ . . discounts, etc. 
 
 It shall be lawful for a comj^any to pay a commission to any 
 person in consideration of his subscribing or agreeing to sub- 
 srcibe wliether al).-oIutely or conditionally for any shares in 
 the company or procuring or agreeing to procure subscrip- 
 tions whether absolute or conditional for any shares in the 
 company if the i)ayiiient of the commission and the amount or 
 rate per centum i-f the commission paid or agreed to be paid 
 are respectively autliorised l)y the articles of association and 
 disclosed in the judspertus and the commission paid or agreed 
 to be paid does not exceed the amount or rate so authorised. 
 (2) Sa\-e as aforesaid no company shall apply any of its 
 shares or capital money either directly or indirectly in ])ay- 
 ment of any commission, disc(junt or allowance to any person 
 on consideration of his snliscribing or agreeing to suliscril)e 
 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 com- 
 
138 
 
 COMPANIES 
 
 Corporate 
 name and 
 proof ot 
 memoran- 
 dum, etc., 
 actions and 
 proceedings 
 
 in 
 
 pany whether the shares or money be so applied by being 
 added to the purchase money of any property acquired by the 
 company or to the contract price of any work to be executed 
 for the company or the money to be paid out of the nominal 
 purchase money or contract price or otherwise. 
 
 (3) l^othing in this section shall affect the power of any 
 company to pay such brokerage as it has heretofore been 
 lawful for a company to pay. 1901, c. 20, s. 111. 
 
 Notices, etc. 
 
 112. In any action or proceeding it shall not be necessary 
 to set forth the mode of incorporation of the company other- 
 wise than by mention of it imder its corporate name as incor- 
 porated 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 conclu- 
 sive proof of every matter and thing therein set forth. 1901, 
 c. 20, s. 112. 
 
 ot^resoiution"' H^^- A copy of any resolution of a company imder its seal 
 e^toioe"" '''^^ purporting to be signed by any ofiicer of the company 
 
 shall be prima facie evidence of such resolution. 1901, c. 20, 
 
 s. 113. 
 
 company*" 114- Any Summons, notice, order or other process or docu- 
 
 ment requiring to be served upon the company may in addi- 
 tion to any other method of service from time to time pro- 
 vided by any Ordinance or rule of court in that behalf be 
 served by leaving the same at the registered office of the com- 
 pany 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 prepaid letter addressed to the company at its 
 registered office or if the company has no registered office or 
 has no known president or secretary the court may order such 
 pviblication as it deems requisite to be made in the premises 
 and such publication shall be held to be due service upon the 
 company. 1901, c. 20, s. 114. 
 
 Rules as to 
 notices by 
 letter 
 
 115. Any document to be served by post on the company 
 shall be posted in such time as to admit of its being delivered 
 in the due course of delivery within the period if any pre- 
 scribed for the service thereof ; and in proving service of such 
 
COMPANIES 139 
 
 document it shall be sufficient to prove that siich 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 Authentica- 
 authentication by the company may be signed by any director, by company 
 secretary or other authorised 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 companv limited by shares shall within a First statu- 
 
 , , tory meeting 
 
 period of six months from the date at which the company is of company 
 entitled to commence business hold a general meeting of the 
 members of the compauy 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; 
 
 (c) An abstract of the receipts and payments of the 
 company on capital account to the date of the report ; 
 and an account or estimate of the preliminary 
 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 
 approval; together with the particulars of the modi- 
 fication or proposed modification. 
 
 (3) The report shall so far as it relates to the shares allotted 
 by the company and to ihe cash received in respect to such 
 
140 CUJIPANIES 
 
 shares and to the receipts and payment of the company on 
 capital account be certified as correct by the auditors if any of 
 the company. 
 
 (4) The directors shall cause a copy of the report certified 
 as by this section required to be filed with the registrar forth- 
 with after the sending thereof to the members of the company. 
 
 (.1) The directors shall cause a list showing the names, 
 descriptions and addresses of the memliers of the company and 
 the number of shares held by them respectively to be produced 
 at the conmiencement of the meeting and to remain open and 
 accessible to any member of the company during the continu- 
 ance of the meeting. 
 
 (6) The members of the company present at the meeting 
 shall lie at liljerlv to discuss any matter relating to the forma- 
 tion of the cdiiipany or arising out of the report whether 
 previous notice I'as been given or not; but no resolution of 
 which notice has not l)een given in accordance with the articles 
 of association may be jjassed. 
 
 (7) The meeting may adjourn from time to time; and at 
 any such adjoiirned meeting any resulution of Avhich notice 
 has lieeu given in accordance with the articles of association 
 either liet'oi'c (ir subseipiently to the former meeting may lie 
 passed ; and the adjourned meeting shall have the sanie powers 
 as an original nu'eting. 
 
 (5) If default is uuule in filing 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 ]jeeu held any shareholder may. petition the court for 
 the winding wp of the company; and ui")on the hearing of the 
 petition the court nuiy either direct that the company lie 
 wound up or give directions for the report being filed or a 
 meeting being hehl or make such other order as may be just; 
 and may order that the costs of the jietition be paid by any 
 ]iersons who in the opinion of the court are responsible for flie 
 default. 1901, c. 20, s. 117. 
 
 General 118. A general meeting of rvcvv companv under thib 
 
 meetings r\ t i m i i i i ' i ■ ' 
 
 Urdinance shall he lield once at least in every vear. 
 
 (2) Xotwitlistanding 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 
 forthwitli i)roceed to convene an extraordinary meeting of the 
 company. 
 
COMPANIES 141 • 
 
 (o) The requisition must state the objects of the meeting 
 and must be signed by the requisitionists and deposited at the 
 office of the company; and may consist of several documents 
 in like form each signed by one or more requisitionists. 
 
 (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 requisitionists or a 
 majority of them in A-alue may themselves convene the meet- 
 ing; 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 forthwith 
 con\'eue a further extraordinary general meeting for the 
 purpose of cimsidering the resolution and if thought fit of con- 
 firming 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 requisitiojiists or a majority 
 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 
 directors. 1901, c. 20, s. 118. 
 
 119. Subject to the provisions of this Ordinance and to 4g^[^tions°by 
 (he conditions contained in the memorandum of association any resolution 
 couipany forme<l under this Ordinance may in general meeting 
 
 from time to time by passing a special resolution in manner 
 hereinafter mentioned alter all or any of the rcgiihitions of 
 the company contained in the articles of association or in the 
 table nnirkfd A in the first selieilule where such table is 
 applicable to the company or make new regulations t(j the 
 exclusion of or in addition to all or any of the regulations of 
 the company; and any regulations so made by s]}ecial resolu- 
 tion shall be deemed to be regulations of the coi)q)any of the 
 same validity as if they had been originally contained in the 
 articles of association ; and shall be sid)jeet in like manner to 
 l)e altered or modified by any subsequent special resolution. 
 1901, e. 20. s. 119 
 
 120. A I'osolution passed hv a companv under this Ord in- special 
 
 ^ ' . , , ' 1 i- I resolutions 
 
 ance shall l)e deemed to be special ^^llene\•er a resolution lias 
 been passed by a majority of not less than three-fourths of 
 such members of the company for the time being entitled 
 according to the regulations of the company to ^'ote as may l>e 
 present in person or by proxy in eases where l)y the regula- 
 tions of the company proxies are allowed at any general meet- 
 
142 
 
 COMPANIES 
 
 Provisions 
 where no 
 regulations 
 as to voting 
 
 Registration 
 of special 
 resolution 
 
 iiig of which notice specifying the intention to propose such 
 resolution has been duly given; and such resolution has been 
 confirmed 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 meeting of which 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 such resolu- 
 tion 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 votes 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. 
 
 131. In defaull; of any regulations as to voting every 
 member shall liave 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 every member in manner in which notices are 
 required to be served by the table marked A in the first 
 schedule hereto ; and in default of any regulations as to 
 the jjerson to summon meetings five members shall be com- 
 petent to siunmon the same ; and in default of any regulations 
 as to who is to be chairman of such meeting it shall be com- 
 petent for any person elected l)y the members present to 
 preside. 1901, c. 20, s. 121. 
 
 133. A copy of any special resolution that is passed by any 
 company under this Ordinance shall be forwarded to the 
 registrar and be recorded by him. 
 
 (2) If such copy is not forwarded within fifteen days from 
 the date of the confirmation of the resolution the company 
 shall upon summary conviction be liable to a penalty not 
 exceeding $10 for every day after the expiration of such 
 fifteen days during which such copy is omitted to be for- 
 warded; and every director, manager and ofiicer of the com- 
 
COMPANIES* 143 
 
 pany who shall knowingly and wilfully anthorise or permit 
 such default shall upon summary conviction be liable to the 
 like penalty. 1901, c. 20, s. 122. 
 
 133. Where articles of association have been registered a Special 
 copy of every special resolution for the time being in force be embodied 
 shall be annexed to or embodied in every copy of the articles association, 
 
 J. .. ,1, .. TCI ■ /. or supplied to 
 
 01 association that may be issued alter the passing oi such members 
 resolution and where no articles of association have been 
 registered 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 
 w'hich such default is made; and every director and manager 
 of the company who shall knowingly and wilfully authorise 
 or permit such default shall upon summary conviction be liable 
 to the like penalty. 1901, c. 20, s. 123. 
 
 124. Any company under this Ordinance may by instru- Power of 
 
 '/.■'-''. J .J attorney by 
 
 ment in writing under its common seal empower any person company 
 either generally or in respect of any specified matters as its 
 attorney to execute deeds on its Ijehalf in any place situate 
 within or without the limits of the Territories; and every 
 deed signed by 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. 
 
 125. The Lieutenant Governor in Council may appoint one inspectors 
 
 ■' a. ■ J- appointed by 
 
 or more competent inspectors to examine into tlie attairs oi Lieutenant 
 
 *• ^ , Governor in 
 
 any company under this Ordinance and to report thereon m Council on 
 
 J i" ,-r. ^ -,^•1 application 
 
 such manner as the Lieutenant (governor m Louncii 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 
 number of persons for the time being entered on the 
 register of the company as members. 1901, c. 20, 
 s. 125. 
 
144 
 
 -COMPANIES 
 
 On what 
 application 
 to be based 
 
 126. The application shall be supported by such evidence 
 as the lieutenant Governor in Council may require for the 
 purpose of showing that the applicants have good reason for 
 requiring such investigation Lo be made and that they are not 
 actuated by malicious motives in instituting the same; the 
 Lieutenant Governor in Coimcil may also require aiiplicants to 
 give security for payment of the costs of the enquiry before 
 appointing any inspector or inspectors. 1901, c. 20, s. 126. 
 
 Po^roduoe"" ^^^^ '^t s^all be the duty of all officers and agents of the 
 fw'iuspectioii pomjiauy to produce for the examination of the inspectors all 
 books and documents in their custody or power ; and any 
 inspector may examine upon oath the officers and agents of 
 the company in relation to its business and may administer 
 such oath accordingly. 
 
 (2) If any officer or agent refuses to- produce any book or 
 docmnent hereby directed to be produced or to answer any 
 question relating to the afPaii's of the company he shall upon 
 summary com-iction be liable to a penalty not exceeding $25 
 in respect of each offence. 3 001, c. 20, s. 127. 
 
 138. Uijon 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- 
 l^auy; and a further copy shall at the request of the members 
 upon whose application inspection is made be delivered to 
 thciu oi' to nny one or moro of them. 
 
 (2 ) All expenses of and incidental to any such examination 
 as afoj-csaid sliall be defrayed by the members upon Avhose 
 a])plication 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 lie is hercbv authorised to do. 
 1901, c. 20, s. 128. 
 
 Report 
 
 Expenses 
 
 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 ap- 
 pointed shall have the same powers and perform the same 
 duties as ins]iectors appointed l)y the Lieutenant Governor in 
 Council with this exception that instead of making their report 
 to tlie Lieutenant Governor in Council thoy shall make the 
 same in such manner and to such persons as the company in 
 general meeting directs ; and the officers and agents of' the 
 company shall incur the same penalties in case of any refusal 
 to ])ro(luce any book or document hereby required to be pro- 
 
COMPANIES 145 
 
 diiced 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. 20, s. 129. 
 
 130. A copy of the rejiort of any inspectors appointed p^'^0j'^9^j,j, 
 under 1his Ordinance aiithenticated by the seal of the com- j'^g^P"^''^ '" 
 pany into whose affairs they have made the inspection shall *"'®'*'"^^ 
 be admissible 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 eom7:)any shall at each annual general meeting Appointment 
 
 ■■- " . ° . '^ of auditora 
 
 appoint an auditor or auditors to hold office until the next 
 annual general meeting. 
 
 (2) If an appointment is not made at an animal general 
 meeting the registrar may on the application of any member of 
 the company appoint an auditor of the company for the current 
 year and tix the remuneration To be paid to him by the com-, 
 pany for his services. 
 
 (.T) ,\. director fjr officer of the company shall not be capable 
 of being appointed auditor of the company. 
 
 (4) Tlic first auditors of the companj^ may be ai)pointed by 
 the directors before the statutory meeting; and if so appointed 
 shall hold office until the iirst annual general meeting unless 
 previously removal by a resolution of the shareholders in 
 general meeting in which case the shareholders at such meeting 
 may appoint auditors. 
 
 (o) The directors of the company may till any casual 
 vaeancy 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 jirovisions of the next preceding RenmneraUon 
 section the remuneration of the auditors of a company shall be 
 fixed by the company in general meeting; except that the 
 remuneration of any auditors appointed before the statutory 
 meeting or to fill any casual vacancy may be fixed l)y the 
 directors. 1901. c. 20, s. 13i 
 
 :!') 
 
 133. Every auditor of a company shall have a right oif^^^^^^ 
 access at all times to the books and accounts and vouchers ofau^ito" 
 the company and shall be entitled to require from the directors 
 and officers of the company such information and explanation 
 
146 COMPANIES 
 
 as may be necessary fo*r 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 shall^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 tlieir 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. 
 
 Legal Proceedings. 
 
 Evidence of 134. Every companv under this Ordinance shall cause 
 
 proceedings at ,• " t ■ " ^ 
 
 meetings mmutcs of all resolutions and proceedings of general meetings 
 of the company and of the directors and managers of the 
 company 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 purport- 
 ing to be signed by the chairman of the meeting at which such 
 resolutions 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 every 
 general meeting of the company or meeting of directors or 
 managers in respect of proceedings of which minutes have 
 been so made shall be deeined to have been duly held and 
 convened 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 valid ; 
 and all acts done by such directors, managers or liquidators 
 shall be valid notwithstanding any defect that may afterwards 
 be discovered in their appointments or qualifications. 1901, 
 c. 20, s. 134. 
 
 pany tifgivr' ^ ^^' ^^'li^re a Company under this 'Ordinance is plaintiff in 
 costein^cer- "'^7 action, suit or other legal, proceeding any judge having 
 tain cases jurisdiction in fho matter may if 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 
 insufficient 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. 2,0, s. 135. 
 
 Declaration in 
 
 actio 
 member 
 
 "aga?nst ^^^- In any action or suit brought by a company under 
 this Ordinance against any member to recover any call or other 
 
COMPANIES 
 
 147 
 
 moneys due from such member in his character of member 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. 
 
 False Statement. 
 
 137. If any person in any return, report, certificate, bal- Penalty for 
 ance sheet or other document required by or for the purposes statement 
 ■of this Ordinance wilfully makes a statement false in any 
 material particular knowing it to be "false he shall be liable 
 
 •on summary conviction to a penalty not exceeding $500 or to 
 imprisonment -for a term not exceeding four months or to 
 both fine and imprisonment. 1901, c. 20, s. 137. 
 
 Arbitration. 
 
 138. Any company under this Ordinance may from time Power to 
 
 *■ . ^ jr J companiea to 
 
 to time by writing under its common seal agree to refer and refer matters 
 may refer to arbitration in accordance with The Arbitration 
 Ordinance any existing or future difference, question 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 provisons of The Arbitration Ordinance shall i^SJon °* 
 be deemed to apply to arbitrations between companies and O'''^^''^'"''' 
 persons in pursuance of this Ordinance. 1901, c. 20, s. 139. 
 
 For^ns. 
 
 140. The forms set forth in the second schedule hereto oi' ^^^^g''™^"^;^ 
 forms as near thereto as circumstances admit shall be used in Co™^/^^"^,|yj„ 
 all matter to which such forms refer. Rcheduie 
 
 (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 
 published 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. 
 
148 
 
 CO^ill'ANIES 
 
 PAET IV. 
 
 Applicatiox to Existing Companies. 
 
 Existing com- 141. Aiiv company lieretofdrc incorporated 1)y any special 
 
 ^egiiter'"'''' Ordinance of the Territories or by letters patent under the 
 
 provisions of any Ordinance of the Territories may register 
 
 itself under this Ordinance as a couipany limited by shares. 
 
 1901, c. 20, s. 141. 
 
 Proceduve for 
 registration 
 of existing 
 company 
 
 142. The procedure for jr-gisterirg any existing company 
 shall be as follows : 
 
 1. If it is not'di'sired 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 tlu> eompajiy registered ; 
 
 ■2. If the directors .should desire to change the name of the 
 company or to extend its ol)jects (H' to increase or reduce its 
 capital or to pr<ivide for a new allotment of shares they shall 
 call a meeting of the sharelnjlders of ihe company liy sending to 
 each shareholder through the post in a prepaid li'tter addressed 
 to him at hi.s registered place of abode seven days' notice al 
 the least s])eci tying the-place, the day and the hour of meeting 
 and containing a (•<>])¥ of the resolution to be submitted to 
 such meeting and such res<ilution shall contain particulars of 
 the proposed- alterations ; 
 
 Jk 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 com])any be registered under 
 this Ordinance in manner speciHe(l the directors shall apply 
 to the registrar to have the company so registered. 1901, c. 
 90, s. 142. 
 
 Application 
 for registra- 
 tion by exist- 
 ing company 
 
 143. When an existing company applies for registration 
 under 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 sncli 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 ]iersons respectively distinguishing in cases where 
 such shares are numbered each share ])y its number; 
 
 2. The names of the directors of such company; 
 
 -3. A copy of any letters patent, certificate or other instru- 
 ment constituting or regulating the company or if incorporated 
 
COMPANIES 149 
 
 by a special Ordinance a reference to snch Ordinance and any 
 amendments thereto ; 
 
 4. A statement verifying the following particnlars, that is to 
 say: 
 
 (a) The nominal capital of the company and the mimber 
 of shares into which it is divided ; 
 
 (6) The number of shares taken and the anionnt paid on 
 each share ; 
 
 '(c) The name of the company with the addition of the 
 word '"Limited" as the last word thereof; 
 
 5. A memorandum of association or ar statement that the 
 letters ])atent or sjiecial Ordinance of incorporation as the case 
 may he shall be treated as a memorandum of association and 
 articles of association if desired executed in the same manner 
 and containing the same particulars as arc Jiecessary upon the 
 first registration of a company; 
 
 (i. A cojiy of the resolution if any ])assed at the meeting of 
 • the company referred to in the preceding section. 1901, c. 20, 
 s. 143. 
 
 14-i. "Where an existiua: ccunpanv ai)plics for regi strati (jn Power to 
 
 .. . , , ^, J. " • i- 1 n ,. existing com- 
 
 as aforesaid the uieniorandum ot association sliall coutorni pany to vary 
 
 . , , . -, , . . , -, . ,. objects of 
 
 With the terms ot tne resolution ot the companv ; and niav it s(j company, etc., 
 
 ,. . , 1 1 ■ ' r 1 upon registra- 
 
 anthorised extend, vary or limit the powers and objects ot the tio.i 
 old company; and the certificate of Tegistration may l)e issued 
 to the new company by the name of the old company or by any 
 other name in which the last word sliall be "Limited." 
 
 (2) Whei'O- 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 l)y the resolution 
 of the comi^any authorising such resolution. 
 
 (3) The said resolution may ])rescribe tlie manner in which 
 the shares or stock in the new coin])any arc to be allotted; and 
 in default of its so doing ihe control of the allotment shall 
 vest absolittely in the directors of the new company. 
 
 (4) Whenever the registrar considers that public notice of 
 an intended a])])lication as aforesaid sliould be given he may 
 require such notice to be ])ublisbed in the Gazette or otherwise 
 as he thinks projaer. 
 
 (5) The registrar may further re(pire evidence of the exist- 
 ence of a company applying for registration as aforesaid. 
 1901, c. 20, s. 144. 
 
150 
 
 COMPANIES 
 
 Certificate of 
 registration 
 of existing 
 company 
 
 145. Upon compliance by an existing company with the 
 aforesaid requirements the registrar shall certify under his 
 hand that the company so applying for registration is incor- 
 porated as a company under tMs Ordinance and that it is 
 limited; 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. 
 
 Cert idea te of 
 incorporation 
 to be conclu- 
 sive evidence 
 
 146. A certificate of incorporation given at any time to any 
 company registered in piirsuance of this part of this Ordinance 
 shall be conclusive evidence that all the requirements herein 
 contained in respect of registration under this Ordinance have 
 been complied with ^ and that the company is authorised 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 incoi-porated 
 under this Ordinance. 1901, c. 20, s. 146. 
 
 Transfer of 
 property to 
 company 
 
 147. All such property real and personal including all 
 interests and rights in, to and out of property real and personal 
 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 
 estate and interest of the company therein. 1901, c. 20, s. 147. 
 
 Registration 
 not to affect 
 obligation 
 previously 
 incurred 
 
 148. The registration in pursuance of this part of this 
 Ordinance of any company shall not affect or prejudice the 
 liability of such company to have enforced against it or its 
 right to enforce any debt or obligation incurred or any con- 
 tract entered into, by, to, with or on behalf of such company 
 previous to such registration. 1901, c. 20, s.~148. 
 
 Continuation 
 of existing 
 actions 
 
 149. All such actions and other legal proceedings as may 
 at the time of the registration of any company registered in 
 pursuance of this part of this Ordinance have been commenced 
 by or against such company or any officer or member thereof 
 may he continued in the same manner as if such registration 
 had not taken place ; nevertheless execution shall not issue 
 against the effects of any individual member of such company 
 upon any judgment, decree or order obtained in any action, 
 suit or proceeding so commenced as aforesaid; but in the 
 event of the property and effects of the company being insuflS.- 
 cient to satisfy such judgment, decree or order an order may 
 be obtained for winding up the company. 1901, c. 20, s. 149. 
 
COMPANIES 151 
 
 Repeal. 
 
 150. Chapter 61 of llie Consolidated Ordinances 1898 Rex>ea.\ 
 intituled An Ordinance respecting the Incorporation of Joint 
 Stoch Companies^ chapter 62 of The Consolidated Ordinances 
 1898 intituled An Ordinance to authorise the changing of the 
 names of Incorporated Companies and chapter 64 of The 
 Consolidated Ordinances 1898 intituled Aii Ordinance respect- 
 ing Mining Companies, chapter 12 of the Ordinances of 1899 
 
 and chapter lY of the Ordinances of 1900 amending chapter 61 
 of The Consolidated Ordinances 1898 and chapter 19 of the 
 Ordinances of 1900 amending chapter 64 of The Consolidated 
 .Ordinances 1898 ai-e hereby repealed: 
 
 Provided that such repeal shall not affect : 
 
 (a) Anything duly done under any of the said repealed 
 Ordinances ; 
 
 (6) The corporate existence of any company incorporated 
 under the said repealed Ordinances; 
 
 (c) Any right or privilege acquired or liability incurred 
 under any of the said repealed Ordinances ; 
 
 {d) Any conve;fance, transfer, mortgage, deed or other 
 instrument made in pursuance of the said repealed 
 Ordinances. 1901, c. 20, s. 150. 
 
 151. Every company incorporated under the said Ordin- Compulsory 
 ances hereby repealed or under any general Ordinance of the 
 Territories relating to the incorporation of joint stock com- 
 panies shall register itself as a company under this Ordinance 
 
 on or before the first day of July, 1902. 
 
 (2.) Xo fees shall be charged in respect of the registration of 
 any company required to register by this section except in 
 respect of increase of capital. 1901, c. 20, s. 151. 
 
 152. If any company required by the preceding section to Penalty for 
 
 ■^ c J L ./xci company not 
 
 register under this Ordinance makes default m complying registering 
 with the provisions thereof then from and after the date upon 
 which such company is required to register under this Ordin- 
 ance until the day on which such company is registered under 
 this Ordinance which it is empowered to do at any time the 
 following consequences shall ensue, that is to say: 
 
 (a) The company shall be incapable of suing but shall 
 not be incapable of being made a defendant to a suit ; 
 
 {h) ISTo dividend shall be payable to any shareholder in 
 such company; 
 
152 COMPANIES 
 
 (c) Each director or manager of the company shall for 
 each day during which the company so being in 
 default carries on business on summary conviction be 
 liable to a penalty not exceeding $25 ; 
 nevertheless such default shall not render the company so being 
 in default an illegal one nor siibject to any penalty or disa- 
 bility other than as specified in this section. 1901, c, 20, 
 s. 152. 
 
 FIRST SCHEDULE. 
 
 TABLE A. — Regulatiois's poe ]\Ianagejjext of a Company 
 Limited by Siiahes. 
 
 Shares. 
 
 Tabie^l'"^'^"''' (1) ^^ sovcTal pcrsous are registered as joint holders of any 
 shares any of such persons may give effectual receijjts for any 
 dividend payable in respect of such shares. 
 
 (2) Every member shall on payment Qf twenty-five cents or 
 such less sum as the company in general meeting may prescribe 
 be entitled to a certificate under the common seal of the 
 company specifying the share or shares held by him and the 
 amount paid up thereon. 
 
 (3) If such certificate is worn out or lost it may be renewed 
 on payment of twenty-five cents or such less sum as the 
 company in general meeting may prescribe. 
 
 Calls on Sliares. 
 
 (4:) The directors may from time to time make such calls 
 upon the members in respect of all moneys unpaid on their 
 shares as they thiuli fit provided that thirty days' notice at 
 least is given of each call and each member shall be liable to 
 jiay the amount of calls so made to the persons and at the time 
 and place appointed by the directors. 
 
 (5) A call shall be deemed to have been made at the time 
 when the resolution of the directors authorising such call was 
 passed. 
 
 (6) If the call payable in resjiect of any share is not paid 
 before or on the day appointed for payment thereof the holder 
 for the time being of such share shall be liable to pay interest 
 for the same at the rate of five per cent, per annum from the 
 day appointed for the payment thereof to the time of the, 
 actual payment. 
 
cojsrPAAiES 153 
 
 (7) The directors may if they think fit receive from any first schedule 
 memher willing to advance the same all or any part of the ^^^'*"^ 
 moneys due upon the . shares held by him beyond the sums 
 actually called for ; and upon the money so paid in advance or 
 
 so much thereof as from time to time exceeds the amount of 
 the calls then made upon the shares in respect of which such 
 advance has been made the company may pay interest at such 
 rate as the member paying such sum in advance and the 
 directors may agree upon. 
 
 Transfer of Shares. 
 
 (8) The instrument of transfer of any shares in the 
 company shall be executed both by the transferror and the 
 transferee and the transferror shall be deemed to remain a 
 holder of such share until the name of the transferee is entered 
 
 in the register book in respect thereof. ' 
 
 (0) Shares in the company shall be transferred in the 
 following form : 
 
 I, A.B., of , in consideration of the sum of 
 
 dollars paid to me by O.D. of , do hereby 
 
 transfer to the said CD. the share (or shares) numbered 
 standing in my name in the books of the company to 
 
 hold unto the said C.D.j his executors, administrators and 
 assijiiis, subject to the several conditions on which I held the 
 same at tne time of the execution hereof; and I, the said CD., 
 do hereby ;,'j)'cc to take the said share (or shares) subject to 
 the same conditions. As witness our hands the 
 day of 
 
 (10) The company may decline to register any transfer of 
 shares made by a member who is indebted to it. 
 
 (11) The transfer books shall be closed during the fourteen 
 days immediately preceding the ordinary general meeting in 
 each year. 
 
 Transmission of Shares. 
 
 (12) The executors or administrators of a deceased member 
 shall be the only persons recognised by the company as having 
 any title to his share. 
 
 (13) Any person becoming entitled to a share in conse- 
 quence of the death or insolvency of any member may be 
 registered as a member upon such evidence being produced 
 as may from time to time be required by the company. 
 
 (14) Any person who has become entitled to a share in 
 consequence of the death or insolvency of any member may 
 
156 co:\iPANiES 
 
 Tabfe A^*"^"'" tlic existing shai'es held by them and such offer shall be made 
 by notice specifying the nnmher of shares to which the 
 member is entitled and limiting the time within which the 
 offer if not acce]-)te(l will be deemed to be declined; and after 
 the expiration of such time or on the receipt of an intimation 
 from the member whom such notice is given that he declines 
 to accept the shares offered the directors may dispose of the 
 same in such manner as they think most beneficial to the 
 company; 
 
 (28) Any capital raised by the creation of new shares shall 
 be considered as part of the original capital and shall be 
 subject to the same provisions with reference to the payment 
 of the calls and the forfeiture of shares or nonpayment of calls 
 or otherwise as if it had been part of the original capital. 
 
 Oeneral Meetings. 
 
 (29) The first general meeting shall be held at such time 
 not being more than four months after the registration of the 
 company and at such place as the directors may determine. ' 
 
 (30) 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 every 
 year at such place as shall be determined by the directors. 
 
 (31) The above mentioned general meetings shall be called 
 ordinary meetings ; all other meetings shall be called extra- 
 ordinary. 
 
 (32) The directors may whenever they think fit and they 
 shall upon a requisition made in writing by not less than one- 
 fifth in nmnber of the members of the company convene an 
 extraordinary general meeting. 
 
 (33) 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. 
 
 (34) Upon the receipt of such requisition the directors shall 
 forthwith proceed to convene an extraordinary general meet- 
 ing. If they do not proceed to convene the same within 
 twenty-one days from the date of the requisition the 
 requisitionists or any other members amounting to the required 
 nmnber may themselves convene an extraordinary general 
 meeting. 
 
c'(.)iiPA>;iES 157 
 
 Proceedhws at General Meetiiin. First schedule 
 
 Table A 
 
 (35) Seven days' notice at the least specifying the place, 
 the day and the honr of :ueetiiig and in case of special 
 business the general natnre of ^nch business shall be given to 
 the members in manner hereafter mentioned or in such other 
 manner if auy as may be prescribed by the- company in 
 general meeting but the nonreceipt of such notice by any, 
 member shall not invalidate the proceedings at any general 
 oneeting. 
 
 (3ti)' .\.ll business shall be deemed special that is transacted 
 at an extraordinary meeting and all that is transacted at an 
 ordinary uleeting with the exception of sanctioning a 
 dividend and the consideration of 4:h'e aeenunts, balance sheets 
 and the ordinary rejmrt of the directors. 
 
 (37) Xo business shall be transacted at any general meeting 
 except the declaration of a dividend imless a quorum of 
 members is present at the time when the meeting proceeds to 
 business ; and such quorum shall be ascertained as follows, 
 that is to say : If the persons who have taken shares in the 
 company . at the time of the meeting do not exceed ten in 
 number the quorum shall be three ; if they exceed ten there 
 shall be added to the above quorum one for every five addi- 
 tional members up to fifty and one for every ten additional 
 members after fifty with this limitation that no quorum shall 
 in any case exceed twenty. 
 
 (38) If within one hour from the time appointed for a 
 meeting a quorum is not present the meeting if convened upon 
 the requisition of members shall be dissolved; in any other 
 case it shall stand adjourned to the same day in the next week 
 at the same time and place ; and if at such adjourned meeting 
 a quorum is'not present it shall be adjourned sine die. 
 
 (39) The president of the company shall preside as chair- 
 man at every general meeting of the company., 
 
 (40) If there is no such chairman or if at any meeting he is 
 not present within fifteen minutes after the time appointed for 
 holding the meeting the members present shall choose some 
 one of their number to be chairman. 
 
 (41) 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 tisok place. 
 
158 COMPANIES 
 
 First schedule (42) At any general meeting unless a poll is demanded by 
 at least three 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 evidence 
 of the fact without proof of the number or proportion of the 
 votes recorded in favour of or against such resolution. 
 
 (43) If a poll is demanded by three or more members it 
 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; in case of an equality of votes 
 at any general meeting the chairman shall be entitled to a 
 second or casting vote. 
 
 Votes ,of Memhers. 
 
 (44) Every member shall have one vote for every share up 
 to ten; he shall have an additional vote for every five shares 
 beyond the first ten shares up to one hundred and an additional, 
 vote for every ten shares beyond the first hundred shares. 
 
 (45) If any member is a lunatic or idiot he may vote by his 
 committee, curator honis or other legal curator or guardian. 
 
 (46) If one or more persons are jointly entitled to a share 
 or shares the member whose name stands first in the register 
 of members as one of the holders of such share or shares and no- 
 other shall be entitled to vote in respect of the same. 
 
 (47) No member shall be entitled to vote at any general 
 meeting imless all calls due from him have been paid and no 
 member shall be entitled to vote in respect of any share that 
 he has acquired by transfer at any meeting held after the 
 expiration of three months from the registration of the com- 
 pany unless he has been possessed of the share in respect 
 of which he claims to vote for at least three months previously 
 to the time of holding the meeting at which he proposes to 
 vote. 
 
 (48) Votes to be given either personally or by proxy. 
 
 (49) The instrument appointing a proxy shall be in writing- 
 under the hand of the appointor or if such appointor is a 
 cf^rporation under their common seal and shall be attested by 
 one or more witness or witnesses ; no person shall be 
 appointed a proxy who is not a member of the company. 
 
 (50) The instrument appointing a proxy shall be deposited! 
 at the registered office of the company not less than twenty- 
 four hours before the time for holding the meeting at which 
 the person named in such instrument proposes to vote ; but no- 
 
COMPANIES 159 
 
 instrument appointing a proxy shall be valid after the cxpir- First schedule 
 ation of twelve months from the date of its execution. 
 
 (51) Any instrument appointing a proxy shall be in the 
 following form : 
 
 Company, Limited, 
 •L' .of , being a member 
 
 of the Company, Limited, and entitled to 
 
 vote {or votes) hereby appoint of 
 
 as my proxy to vote for me and on my behalf at the ordinary 
 (or extraordinary as the case my be) general meeting of the 
 company to be held on the day of 
 
 and at any adjournment thereof (or at any meeting of the 
 company that 'may be held in the year ). 
 
 As witness my hand this day of 
 
 Signed by the said in the presence 
 
 of 
 
 Directors. 
 
 (52) The number of the directors and the names of the first 
 directors shall be determined by the subscribers of the memor- 
 andum of association. 
 
 (53) Until directors are appointed the subscribers of the 
 memorandum of association shall be deemed to be directors. 
 
 (54) The future remuneration of the directors and their 
 remuneration for services performed previously to the first 
 general meeting shall be determined by the company in 
 
 general meeting. 
 
 Powers of Directors. 
 
 (55) The business of the company shall be managed by the 
 directors who may pay all expenses incurred in getting up 
 and registering the company and may exercise all such powers 
 of the company as are not by the foregoing Ordinance or by 
 these articles req-uired to be exercised by the company in 
 general meeting subject nevertheless to any regulations of 
 these articles, to the provisions of the foregoing Ordinance and 
 to such regulations being not inconsistent with the aforesaid 
 regulations or provisions as may be prescribed by the company 
 in general meeting; but no regulation made by the company 
 in general meeting shall invalidate any -prior act of the 
 directors which ^vould have been valid if such regulation had 
 not been made. 
 
 (56) The continuing directors may act notwithstanding any 
 vacancy in their body. 
 
160 COIIPAXIES 
 
 ^abiVi'"'''"'^ Disquali/i cation of Directors. 
 
 (57) The office of the director shall be vacated: 
 
 If he holds any other office or place of profit under the 
 company ; 
 
 If he becomes insolvent ; 
 
 If he is concerned in or participates in the profits of any 
 contract with the company. 
 
 But the above rules shall be subject to the following 
 exceptions : 
 
 That no director shall vacate his office by reason of his 
 being a member of any company ^vhich has entered 
 into contracts with or done any work for the com- 
 pany of which he is a director ; nevertheless he shall 
 not vote in respect of such contract or work; and if 
 he does so vote his vote shall not be counted. 
 
 Eolation of Directors. 
 
 (.58) At the first ordinary meeting after the registration 
 of the company the whole of the directors shall retire from 
 ' office; and at the first ordinary meeting in every subsequent 
 year one- third of the directors for the time being or if their 
 number is not a multiple of three then the number nearest to 
 one-third shall retire from office. 
 
 (59) The one-third or other nearest number to retire during 
 the first and second years ensuing the first ordinary meeting of 
 the company shall unless the dii'crtors agree among themselves 
 be determined by ballot; in every subsequent year the one- 
 third or other nearest number who have been longest in office 
 shall retire. 
 
 (60) A retiring director shall be re-eligible. 
 
 (61) The company at the general meeting at which any 
 directors retire in manner aforesaid shall fill \ip the vacated 
 offices by electing a like number of persons. 
 
 (62) If at any meeting at which an election of directors 
 ought to take place the places of the vacating directors are not 
 filled up the meeting shall stand adjourned till the same day 
 in the next week at the same time and place; and if at such 
 adjourned meeting the places of the vacating directors are not 
 filled up the vacating directors or such of them as have not had 
 their places filled up shall continue in office until the ordinary 
 meeting in the next year and so on from time to time until 
 their places are filled np. 
 
COMPANIES 161 
 
 (63) The company mav from time to time in general meet- i^'f^t schedule 
 
 . , ° l<orm A 
 
 mg increase or reduce tlie number of directors and may also 
 determine in what rotation such increased or reduced number 
 is to go out of office. 
 
 (64) Any casual vacancy occurring in the board of directors 
 may be filled up by the directors but any person so chosen 
 shall retain his office so long only, as the vacating director 
 would have retained the same if no vacancy had occurred. 
 
 (65) The company in general meeting may by a special 
 resolution remove any director before the expiration of his' 
 period of office and may by an ordinary resolution appoint 
 another person in his stead; the person so appointed shall hold 
 office during such time only as the director in whose place ho 
 is appointed would have held the same if he had not been 
 removed. 
 
 Proceedings of Directors. 
 
 (66) The directors may meet together for the dispatch of 
 business, adjourn and otherwise regulate their meetings as 
 they think fit and determine the quorum necessary for the 
 transaction of business. Questions arisiiig at any meeting 
 shall be decided by a majority of votes. In case of an equality 
 of votes the chairman shall have a second or casting vote. A 
 director may at any time summon a meeting of the direr-tors. 
 
 (67) The directors may elect a chairman of their meetings 
 and determine the period for which he is to hold office ; but if 
 no such chairman is elected or if at any meeting the chairman 
 is not present at; the time appointed for holding the same the 
 directors present shall choose some one of their number to be 
 chairman of such meeting. 
 
 (68) The directors may delegate any of their powers to 
 committees consisting of such member or members of their 
 body as they think fit. Any committee so formed shall in the 
 exercise of the powers so delegated conform to any regulations 
 that may be imposed on them by the directors. 
 
 (69) A committee may elect a chairman of their meetings. 
 If no such chairman is elected or if he is not present at the 
 time appointed for holding the same the members present 
 shall choose, one of their number to be chairman of such 
 meeting. 
 
 (70) A committee may meet and adjourn as they think 
 proper. Questions arising at any meeting shall be determined 
 by a majority of votes of the members present; and in case of 
 an equality of votes the chairman shall have a second or 
 casting vote. 
 
 7a 
 
162 COMPANIES 
 
 ^jr^j'g^lheduie (71) All acts done by any meeting of. the directors or of a 
 committee of directors or by any person acting as a director 
 shall notwithstanding that it be afterwards discovered that 
 there was some defect in the appointment of any such directors 
 or persons acting as aforesaid or that they or any of them 
 were disqualified be as valid as if every such person had been 
 duly appointed and was qualified to be a director. 
 
 Dividends. 
 
 (73) The directors may with the sanction of the company 
 in general meeting declare a dividend to be paid to the mem- 
 bers in proportion to their shares. 
 
 (73) ISTo dividend shall be payable except out of the profits 
 arising from the business of the company. 
 
 (74) The directors may before recommending any divi- 
 dend set apart out of the profits of the company such sum as 
 they think proper as a reserve fund to meet contingencies or 
 for equalising dividends or for repairing or maintaining the 
 works connected with the business of the company or any part 
 thereof; and the directors may invest the sum so set apart as 
 a reserve fund upon such securities as they may select. 
 
 (75) The directors may deduct from the dividends payable 
 to any member all such sums of money as may be due from 
 him to the company on account of calls or otherwise. 
 
 (76) JTotice of any dividend that may have been declared 
 shall be given to each member in manner hereinafter men- 
 tioned; and all dividends imclaimed for three years after 
 having been declared may be' forfeited by the directors for the 
 benefit of the company. 
 
 (77) ISTo dividend shall bear interest as against the com- 
 pany. 
 
 Accounts. 
 
 (78) The directors shall cause true accounts to be kept: 
 
 Of the stock-in-trade of the company; 
 
 Of the sums of money received and expended by the 
 company and the matter in respect of which such 
 receipt and expenditure takes place; and 
 
 Of the credits and liabilities of the company. 
 
 The books of account shall be kept at the registered office 
 of the company and subject to any reasonable 
 restrictions as to the time and manner of inspecting 
 the same that may be imposed by the company in 
 
COMPANIES 163 
 
 general meeting shall be open to the inspection of First sohejduie 
 the members during the hours of business. 
 
 (79) Once at the least in every year the directors shall lay 
 before the company in general meeting a statement of the 
 income and expenditure for the past year made up to a date 
 not more than three months before such meeting. 
 
 (80) The statement so made shall show arranged under the 
 most convenient heads the am^ount of gross income distin- 
 guishing the several sources from which it has been derived 
 and the amount of gross expenditure distinguishing the 
 expense of the establishment, salaries and other like matters. 
 Every item of expenditure fairly chargeable against the year's 
 income shall be brought into account so that a just balance of 
 profit and loss may be laid before -the meeting and in cases 
 where any item of expenditure which may in fairness be 
 distributed over several years has been incurred in any one 
 year the whole amount of such item shall be stated with the 
 addition of the reasons why only a portion of such expendi- 
 ture is charged against the income of the year. 
 
 (81) A balance sheet shall be made out in every year and 
 laid before the company in general meeting and such balance 
 sheet shall contain a summary of the property and liabilities 
 of the company arranged under the heads appearing in the 
 form annexed to this table or as near thereto as circumstances 
 admit. 
 
 (82) A printed copy of such balance sheet shall seven days 
 previously to such meeting be served on every member in the 
 manner in which n-otices are hereinafter directed to be served. 
 
 Notices. 
 
 (83) 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. 
 
 (84) All notices directed to be given to the members shall 
 with respect to any share to which persons are jointly entitled 
 be given to whichever of such persons is named first in the 
 register of members; and notice so given shall be sufficient 
 notice to all the holders of such share. 
 
 (85)' Any notice if served by post shall be deemed to have 
 been served 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 sufficient to prove that the 
 letter containing the notice was properly addressed and put in 
 the post office. 1901, c. 20. 
 
164 
 
 COMPANIES 
 
 First schedule 
 Table A pi 
 
 o 
 
 C5 
 
 o 
 
 H 
 Q 
 <! 
 
 d 
 o 
 
 w 
 
 K 
 
 o 
 H 
 
 cc 
 
 H 
 Q 
 
 <i 
 pq 
 
 I I 
 
 ^S 
 
 s s ™ 
 
 S ti *■ 
 CO -S CO 
 
 ■ ■ '!» 2 's 
 
 I" I' 
 
 Q n Q 
 
 2^"° 8 
 g m ^ o 
 
 
 
 ^5 
 
 HO c 
 
 a* « 
 E4 p. 
 O b«g 
 
 . c o 
 
 Km 
 
 < a 
 
 TOP, 
 
 5S.P 3 a .a- 
 
 S S g K,S « 
 
 60 
 
 a 
 •2 S I 
 
 g-co 
 
 ■2 I 
 ■9 
 
 « 3 fa S ^S 
 3 
 
 
 Q> O 
 g I' 
 
 ,S ■" 
 o a 
 
 0) mo 
 
 
 T5 <U 
 
 41^ 
 
 I -2 U'-o : 
 
 O P 
 
 Q) O O C « 
 PO PP 
 
 
 f^iP S g S 
 
 m^ 
 
 .E °"T3 
 
 » .g 
 
 ,g m '^ 
 cS « fe — 
 tf-O'fi >. 
 
 g,2 <» M 
 
 ca o 
 
 
 Z M S 
 
 Iri 
 
 .h4 o P< 
 
 m 
 
 da 
 z 
 
 D 
 
 > 
 
 O tfl 
 ti CO 
 
 Oj o 
 
 in 
 
 o 
 
 J 901 c. 20 
 
COMPANIES 165 
 
 TABLE B. — Table of Fees to be Paid to the Registeae First schedule 
 
 ^ „ „ Table B 
 
 BY A bOMPASY HAVING A CAPITAL DIVIDED INTO SlIAEES. 
 
 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 ac- 
 cording 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 
 
 registering 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 registration 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 imder this Ordinance the same fee 
 
 as is charged for registering a new company. 
 For registering any document hereby required or 
 
 authorised to be registered other than the 
 
 memorandum of association 1.00 
 
 For making a record of any fact hereby authorised 
 or required to be recorded by the registrar a 
 fee of 1-00 
 
 TABLE C— Table of Fees to be Paid to the Kegisteae ^j^^j ,^,,^^„,^ 
 BY a Company not having a Capital divided into Shaees. ''^^^'^^ 
 
 For registration of a company whose number of 
 members as stated in the articles of association 
 does not exceed 10 $10.00 
 
166 
 
 COMPANIES 
 
 Tabiec'^^'^"'^ -^°^ registration of a company whose number of 
 members as stated in the articles of association 
 exceeds 10 but does not exceed 100 25.00 
 
 For registration of a company whose number of 
 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 mem- 
 bers after the first 100 
 
 For registration of a company in which the number 
 of members is stated in the articles of associa- 
 tion to be unlimited a fee of $ 100. OO 
 
 For registration of any increase in the number of 
 members made after the registration of the 
 company in respect of every 50 members or less 
 than 50 members of such increase l.OOi 
 
 Provided that no one company shall be liable 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 company. 
 
 For registering any document hereby required or 
 authorised to be registered other than the mem- 
 orandum of association 1.00" 
 
 For making a record of any fact hereby authorised 
 or required to be recorded by the registrar of 
 companies a fee of l.OO' 
 
 1901, c. 20.. 
 
 SECOND SCHEDULE. 
 
 fc1?edui FOEM A. — Memoeandttm op Association of a Compant 
 
 ^o''™-^. Limited by Shakes. 
 
 (1) The name of the company is "The Kathburn Stove and 
 Furnace Company, Limited." 
 
 (2) The registered ofiice 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 limited. 
 
COMPAWIES 
 
 167 
 
 (6) The capital of the company is dollars divided Se^ond^^ 
 
 into shares of dollars each. ^<"^™ ■*■ 
 
 We the several persons whose names and addresses are 
 suhscribed 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 and descriptions 
 of subscribers. 
 
 No. of shares taken 
 by each subscriber 
 
 1. John Jones, of , merchant 
 
 2. John Smith, of 
 
 8. Thomas Green, of , " 
 
 4. John Thompson, of , " 
 
 5. Caleb White, of 
 
 200 
 25 
 30 
 40 
 15 
 
 Total shares taken 
 
 310 
 
 
 
 Dated the 
 
 day of 
 
 Witness to the above signatures- 
 A.B., of 
 
 1901, c. 20. 
 
 FOEM B. — Memoeandxjm and Aeticlbs of Association of second^^ 
 A Company limited by Guaeantbe and not having Form b 
 A Capital divided into Shaees. 
 
 Memorandum of Association. 
 
 (1) The name of the company is "The Western Kanch- 
 man's Supply Association, Limited." 
 
 (2) The registered of&ce of the company will be situate 
 in 
 
 4-- 
 
 (3) The objects for which the company is established are 
 "the purchasing of all classes of goods, wares and merchandise 
 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 contribute 
 to the assets of the company in the event of the same being 
 ^\ ound 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 
 
168 coafeANiES 
 
 Second ' member and the costs, chars^es and expenses of winding up the 
 FormB game 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 sub- 
 scribed are desirous of being formed into a company in pur- 
 suance of this memorand\im of association. 
 
 ISTames, 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., of 
 
 1901, c. 20- 
 
 Aetigles of Association to Accompany Peeoeding 
 Memoeandum ot? 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 requires 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. 
 
 General Meetings. 
 
 (4) The first general meeting shall be held at such time not 
 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 llonday 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. 
 
COMPANIES 169 
 
 (7) The directors may whenever they think fit and they Second 
 
 in • .,. 1 . . . , „ '' schedule 
 
 sliali upon a requisition made m writing by any five or more Form b 
 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 reqiiisitionists or any 
 other five 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 meet- 
 ing ; but the nonreceipt of such notice by any member shall not 
 invalidate the proceedings at any general meeting. 
 
 (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) Xo 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 members up to fifty and one for every ten 
 additional members after fifty with this limitation that no 
 quorum shall in any case exceed thirty. 
 
 (13) If within one hour from the time appointed for the 
 meeting a quorum of members is not present the meeting if 
 convened iipon the requisition of the members shall be dis- 
 solved. In any other case it shall stand adjourned to the same 
 day in the folUowing 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. 
 
170 COMPANIES 
 
 Second (±4.) T]ie chairman if any of the directors shall preside as 
 
 schedule ^^ ^ *^ ^ ^ 
 
 FormB 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 tim.e and from place to 
 place but no business shall 'be thansacted 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 the effect in the 
 book of proceedings of the company shall be sufficient evidence 
 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) ISTo- 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 
 appointer 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 : 
 
 Company, Limited. 
 I> of ,being a member of 
 
 the Company, Limited, hereby appoint , 
 
COMPANIES 171 
 
 of , as my proxy to vote for me and on my behalf f ®i"°Juig 
 
 at the (ordinary or extraordinary as the case may he) general ^'"■™ ^ 
 meeting of the company to be held on the day 
 
 of , and at any adjournment thereof to be held on 
 
 the day next (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. 
 
 memorandum of association shall for all the purposes of this 
 
 (25) The number of directors and the names of the first 
 directors shall be determined by the subscribers of the memo- 
 randum of association. 
 
 (26) Until directors are appointed the subscribers of the 
 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 company 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 company 
 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 served at the time when the letter containing the sariie 
 would be delivered in the ordinary course of the post; and in 
 proving such service it shall be sufficient to prove that a letter 
 containing the notice was properly addressed and put into the 
 post office. 1901, c. 2,0. 
 
172 COMPANIES 
 
 Second FOEM C. MemOEANDUM AND AeTICLES OF ASSOCIATION OF 
 
 schedule 
 
 FormC A CoMPANY LiMITED BY GuAEANTEE AND HAVING A 
 
 Capital divided into Shaees. 
 Memorandum of Association. 
 
 (1) The name of the company is "The Highland Hotel 
 ComjDany, Limited." 
 
 (2) The registered office of the company will be situate 
 in 
 
 (3) The objects for which the company is established are: 
 Facilitating 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) Every member of the company undertakes to contribute 
 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 the costs, charges and expenses of winding up the 
 same and for the adjustment of the rights of the contributories 
 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. 
 
 !N"ames, 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. of 
 
 1901, c. 20. 
 
 Aeticles of Association to accompany peilcedixg Mejiok- 
 ANDUM 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. 
 
COMPANIES 
 
 173 
 
 (3) The directors may with the sancticfn of the company in second 
 general meeting cancel any shares belonging to the company. Forni c" 
 
 (4) All the articles of Table A in the schedule to The 
 Companies Ordinance shall be deemed to be incorporated with 
 these articles and to apply to the company. 
 
 AVe 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 
 
 Total shares taken. 
 
 200 
 25 
 30 
 40 
 15 
 
 310' 
 
 Dated the 
 
 day of 190 
 
 Witness to the above signatures- 
 
 A.B., of 
 
 . 1901, c. 20. 
 
 FORM D. — Memoeaxdum and Aeticles of Association of second 
 AN Unlimited Company having a Capital FormV 
 
 DIVIDED INTO SlIAEES. 
 
 Memorandum of Associatloi 
 
 (1) The name of the company is "The Patent Stereotype 
 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 
 the sole patentee." 
 
 IS 
 
174 
 
 COMPANIES 
 
 Second 
 
 schedule 
 
 ForiiD 
 
 We the several persons whose names are subscribed are 
 desirous of being formed into a company in pursuance of this 
 memorandum of association. 
 
 E"ames, 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., of 
 
 1901, c. 2,0. 
 
 Articles of Association to accompany the peeceding 
 Mbmoeandum of Association. 
 
 Capital of the Company. 
 
 The capital of the company is 
 into shares of 
 
 dollars divided 
 dollars each. 
 
 Application of Table A. 
 
 All the articles in table A in the schedule to The Com- 
 panies Ordinance shall be deemed to be incorporated with 
 these articles and to apply to the company. 
 
 We the several persons whose names and addresses are 
 subscribed agree to take the number of shares in the capital of 
 the company set opposite our respective names. 
 
 ISTames, addresses and description 
 of subscribers. 
 
 JSTumber of shares 
 
 taken by 
 
 subscribers. 
 
 1. John Smith, of 
 
 2. John Jones, of 
 
 3. Thomas Green, of 
 
 4. John Thordpson, of 
 
 5. Caleb White, of 
 
 merchant 
 
 Total shares taken 
 
 1 
 
 5 
 2 
 2 
 3 
 
 13 
 
 Dated the day of 190 . 
 
 Witness to the above signatures — 
 A. B., of 
 
 1901, c. 20. 
 
COMPANIES 
 
 175 
 
 o 
 
 01 
 
 m 
 
 to 
 
 n 
 o 
 
 a 
 
 
 0) 
 
 
 
 
 
 
 T3 
 
 
 -t= 
 
 ;-! 
 
 
 
 
 
 
 
 o 
 
 C!i 
 
 
 
 
 
 
 (B 
 
 -^ 
 
 ,n 
 
 
 
 
 
 
 a 
 
 &, 
 
 ai 
 
 
 
 
 
 \ 
 
 sd 
 
 ^ 
 
 
 
 
 
 
 
 _g 
 
 Oi 
 
 
 
 
 
 
 
 'S 
 
 13 
 
 CvS 
 
 
 
 
 
 
 t4-( 
 
 h 
 
 
 
 
 
 
 o 
 
 O 
 
 s 
 
 
 o 
 
 
 
 
 >^'a 
 
 
 
 
 03 
 
 
 
 
 ^J CO 
 
 o 
 
 g 
 
 o 
 
 
 
 
 
 ^ 
 
 -»^ 
 
 o 
 
 -tJ 
 
 
 
 
 
 -•-> 
 
 
 O 
 
 Q 
 
 
 
 
 
 fciD 
 
 CM 
 
 p 
 o 
 
 
 T3 
 (B 
 
 
 
 
 
 CD 
 
 
 
 ^ 
 
 
 K! 
 
 
 
 e-'Tf 
 
 CO 
 
 
 - 
 
 0) 
 
 o 
 
 -J3 
 
 
 
 2 t>5'a3 
 
 (D 
 
 Ol 
 
 
 
 m 
 
 "|o 
 
 -t= 
 
 -s 
 
 
 ■+3 
 
 c 
 
 m 
 
 'T3 
 
 d.S § 
 
 ;>-. 
 
 -»3 
 
 
 ■ft 
 
 _> 
 
 p- 
 
 O T3 to 
 
 _Q 
 
 o 
 
 
 3 
 
 Ph 
 
 
 9 9=^ 
 
 -a 
 
 02 
 
 
 
 P 
 
 Ol 
 
 p 
 
 S-4 
 
 
 ri^'^ 
 
 to 
 
 _m 
 
 Pu.S to 
 
 '3 
 
 ID 
 
 U 
 
 w 
 
 -•J 
 
 CO 
 
 p 
 
 m 
 
 Is 
 
 o3 
 -^^ 
 
 tn 
 cS 
 
 o 
 
 CI 
 
 1 
 
 51-1 
 
 o 
 
 Is 
 o 
 
 C4-J 
 
 o 
 
 S f3 2 
 
 O =3 rj 
 
 a> o 
 
 o3 
 
 la 
 
 
 
 
 a 
 
 
 -9 ■« 
 
 
 i 
 
 o 
 
 a 
 o 
 
 12, 
 
 o 
 
 u 
 
 ID 
 
 
 p 
 o 
 
 S 
 
 CS 
 
 p 
 o 
 
 5 
 
 be P 
 
 c o 
 
 i. o 
 p C3 
 
 o 
 
 Ph 
 
 Q 
 
 O 
 
 S i;l '^ 1* 
 
 S 5 -U -1-2 
 
 2 oj <^ 
 
 
 u 
 
 
 
 
 
 
 J' J tK 
 
 
 -< 
 g 
 
 
 
 
 
 
 IJ -*' m 
 
 ,J3 « s- 
 
 
 5 
 
 
 
 
 
 
 ce TJ 
 
 
 t3 
 
 
 
 
 
 
 111 
 
 p S s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O =* ai 
 
 
 
 
 
 
 
 
 " rP P 
 
 
 
 
 
 
 
 
 Mm" 
 
 
 
 
 
 
 
 
 (U 1^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 =1, <B j3 
 
 
 
 
 
 
 
 
 O^ is 
 
 
 
 
 
 
 
 
 -u 
 
 
 
 
 
 
 
 
 to 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 to 
 
 
 
 
 M 
 
 
 
 u 
 
 
 
 oj 
 
 
 
 S 
 
 
 
 a 
 
 
 
 Pi 
 
 
 
 
 «H Sh 
 
 
 
 tn „ fi 
 
 O <U 
 
 an 
 
 
 
 
 
 
 tu to 0) 
 
 
 
 
 ^ S i 
 c3 o w 
 
 t-l 
 
 03 
 
 
 
 
 J2 
 
 
 
 E 
 
 
 
 A 
 
 3 
 
 
 to 
 
 
 !3 
 
 
 H 
 
 
 
 
 
 
 
 ^ 
 
 ■^ 
 
 
 
 ffi 
 
 
 «H tH 
 
 
 W 
 
 O 03 
 
 
 o 
 
 O 
 
 ■Ssag 
 
 »fH 
 
 ca CS 
 
 an 
 
 
 
 
 tj 
 
 ta M ft 
 
 u 
 
 
 <i 
 
 o X bo 
 
 03 
 
 
 
 •^ <u C 
 
 S 
 
 
 
 l-^l 
 
 s 
 
 
 
 :zi 
 
 
 tS bog l>i 
 
 
 
 u c ° =3 
 
 
 
 m-S <u 
 
 
 
 CO l«!^ 
 
 
 
 !3 ® S 
 
 S h. S <i> 
 
 ^ >>|5 jrjqH 
 
 
 
 c 
 
 
 
 o 
 
 
 
 .rH 
 
 
 
 -fJ 
 
 
 
 c3 
 
 
 CQ 
 
 & 
 
 
 1 
 
 
 
 H 
 
 • o 
 
 
 <! 
 
 Oh 
 
 1 
 
 
 
 P 
 
 
 
 O 
 
 m 
 
 
 o 
 O 
 
 03 
 
 
 Q 
 
 T3 
 
 
 ^ 
 
 <lj 
 
 
 <I 
 
 
 
 to 
 
 1 
 
 
 
 to 
 
 CO 
 
 cC OJ 
 
 
 « 
 
 "■§ s 
 
 
 O 
 
 V =« 
 
 
 <1 
 
 
 
 to 
 
 t 
 
 H 
 
 
 
 
 I 
 
 
 ^ 
 
 1 
 
 
 
 - to tiC.S s 
 
 
 
 
 u ft 
 
 
 Second 
 schedule 
 Form E 
 
 1901 c. 20 
 
176 COMPANIES WINDING UP 
 
 COMPANIES WINDING UP. 
 
 1903 
 
 sess.ici An Ordinance respecting the voluntary winding up of 
 
 Joint Stock Companies. 
 
 19 June, 1903 [Assented to June 19, 1903.'] 
 
 THE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories enacts 
 as follows : 
 
 SHOET TITLE. 
 
 Short title ^^ rpj^-g Ordinance may be cited as "The Companies Wind- 
 
 ing Up Ordinance 1903." 1903, Sess. 1, c. !•", s. 1. 
 
 INTEEPEETATION. , 
 
 liiterpretation 2i. Where the exi^ressions following occur in this Ordinance 
 they shall unless a contrary intention appears be construed as 
 follows : 
 
 "Company" \ "Company" shall mean any company or association to 
 which this Ordinance is applicable ; 
 
 "Court" 2,. "Court" shall mean the supreme court of the iSTorth- 
 
 ju^dge'' " 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; 
 
 ' contribu- 3. "Contributory" shall mean any person liable 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 ; 
 
 " Extraordin- 4. "Extraordinary resolution" shall mean a resoliition 
 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 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 ; 
 
 re^ofution" ^- "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 coniii*med by a majority of such members entitled accord- 
 ing to the Ordinance, charter or instrument of incorporation 
 or the regulations of the company to vote as may be present, in 
 person or by proxy, at a subsequent general meeting of which 
 
COJEPANIES WINDING IIP 177 
 
 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 "Members" 
 time being are entitled to vote at general meetings of the 
 company. 1903, Sess. 1, c. 13, s. 2. 
 
 APPLICATION OK ORDINANCE. 
 
 3. This Ordinance shall apply to all incorporated companies Appiicatioji of 
 or associations incorporated by the Legislature of the *''''''"*"'"' 
 Territories or under the authority of any Ordinance of the 
 Territories. 1903, Sess. 1, c. 13, s. 3. 
 
 WHEN COMPANIES MAY BE WOUND FP. 
 
 J:. A company may be wound up under this Ordinance : 
 
 1. Where the period, if any, fixed for the duration of the when 
 company by the Ordinance, charter or instrument of incorpora- may be wounri 
 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 On special 
 
 . . 1 T resolution 
 
 requiring the company to be wound up ; 
 
 3. Where the company though it may be solvent as i-cspects on . 
 creditors has passed an extraordinary resolution to the effect resohl'tioir'"^'' 
 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. 1903, Sess. 1, c. 13, s. 4. 
 
 o. Where no such resolution has been passed as mentioned when by 
 in the next preceding section, the Court may, on the applica- coiu-t ° /^ 
 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. 1903, Sess. 1, c. 13, s. 5. 
 
 6. A winding up shall be deemed to commence at the time commencc- 
 of the passing of the resolution authorising the winding up or "fn"({;ing up 
 the making of the order directing the winding up as the case 
 
 may be. 1903, Sess. 1, c. 13, s. 6. 
 
 CONSEQUENCES OF COMMENCING TO WIND UP. 
 
 7. The following consequences shall ensue upon the com- gP^J'^^Si^eneinl 
 mencement of the winding up of a company under the '» ^^■'""^ "p 
 authority of this Ordinance : 
 
ISO COMPANIES WINDING UP 
 
 be sold, open to inspection at their office, and shall also give free 
 access to all documents and voucliers explanatoi-y of such debts : 
 but all debts amounting to more than $100 shall be sold separ- 
 ately except as herein otherwise provided; 
 Draw, etc., 5. To draw, accept, make and indorse any bill of exchange 
 
 bills and notes ) r j i "i j i 
 
 or promissory note in the name and on behalf of the company ; 
 and to raise upon the security of the assets of the company, 
 from time to time, aijy requisite sum or sums of money ; and 
 the drawing, accepting, making or indorsing 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 
 indorsed by or on behalf of the company in the course of 
 carrying on the business thereof ; 
 
 ^tte^rs of ^- '^0 ^^^^ *^^t> i^ necessary, in their official name, letters of 
 
 administra- administration to the estate of any deceased contributory; and 
 
 tributories ^o do in their official name any other act which may be neces- 
 
 tion to estate 
 of deceased 
 contributor] 
 
 debts"''^"'' sary for obtaining payment of any money due from a contri- 
 butory or from his 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_ ^q execute ill the name of the company all deeds, trans- 
 fers, discharges, assignments, receipts and other documents ; 
 
 other things 8. To do and exercise all other acts and things that may be 
 necessary for the winding up of the affairs of the company and 
 
 Company's the distribution of its assets; and for such jDurposes to use 
 when necessary the company's seal. 1903, Sess. 1, c. 13, s. 8. 
 
 oredftora to ^' ^^® liquidators may fix a certain day on or before which 
 
 maybe fl^i™^ °^'^*^^*°^^ °^ ^^^ Company and others, having claims thereon are 
 to send in their claims. 
 
 (2)' Such day shall not be less than two months from the 
 first publication of notice thereof. 
 
 ma'"d'i\'°but ^^^ Where liquidators have given notice of the said day by 
 ex^1ratioa'"of Publication in an issue of a newspaper published at or nearest 
 time fixed ^o 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 
 
COMI'ANIES WIKDISG DP 181 
 
 to the claims of which the liquidators have then notice and the 
 liquidators shall not be liable for the assets, or any part 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. 1903, Sess. 1, c. 13, s. 9. 
 
 10. In distributing the assets of a company under the ^'^'''^^'5;^.°^ 
 provisions 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 emploj-ment 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. 1903, Sess. 1, c. 13, s. 10. 
 
 11. The liquidators may, with the sanction of an extra- Arrangements 
 
 ^ . "^ ' may be 
 
 ordinary resolution of the company, or of the court, make *M'}io"s^d 
 
 " ^ i- ^ ^ ? . with creditors 
 
 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 rendered 
 liable. 1903, Sess. 1, c. 13, s. 11. 
 
 13. The liquidators may, with the sanction of an extra- Power to 
 
 ^ ^ ' compromise * 
 
 ordinary resolution of the company, or of the court, compro- w^ith debtors 
 mise all calls and liabilities to calls, debts and liabilities capable <=o"tributories 
 of resulting in debts, and all claims whether present or future, 
 certain or contingent, ascertained or sounding only in damages, 
 subsisting or supposed to subsist betweeii the company and any 
 contributory or other debtor or person apprehending liability 
 to the compan^^ 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 
 power for the liquidators to take any security for the discharge Take security 
 of such debts or liabilities, and to give a complete discharge in 
 respect of all or any such calls, debts or liabilities. 1903, 
 Sess. 1, c. 13, s. 12. 
 
184 
 
 COMPANIES Wl]yDING UP 
 
 Settlement 
 of list by the 
 court 
 
 Procerlure on 
 settling list 
 ■by the court 
 
 ■Certificate of 
 rCRult of 
 settlement 
 
 15. The list of contributories may be settled by the court 
 in which case the liquidators shall make out and leave at the 
 chambers of the judge a list of the contributories of the com- 
 pany; and such list shall be veriiied 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 cham- 
 bers of the judge, the liquidators shall obtain an appointment 
 for 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 
 shall be stated in a certificate by the clerk or registrar of the 
 court; and certificates may lie made from time to time for the 
 pur^Dose of stating the result of the settlement down to any 
 jiarticnlar time or to any particular person or stating any 
 variation of the list. 1903, Sess. 1, c. 13, s. 15, 
 
 ForliminstTa- ^^' ^^ ^ person nuulo a contributory as personal rcpre- 
 
 re°preserttatrve sentative ,of a deceased contributory makes default in paying 
 
 fails to pay ^^^j g^^^.^ ^q j^g Tpnid by him proceedings may be taken for 
 
 administering the estate of the deceased contributory and for 
 
 compelling payment thereout of the money due. 1903, Sess. 
 
 1, c. 13, s. 16. 
 
 Calls on 
 contributories 
 
 l"?. The liquidators may, at any time and licfore they have 
 ascertained the sufiiciency of the assets of 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 th(3 liquidators deem necessary to 
 satisfy the 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 liquidators may, in making a call, take into consideration 
 
COilPAA'IES AVIKDIXt; UP 
 
 185 
 
 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. 1903, Sess. 1, c. 13, s. 17. 
 
 LIQUIDATORS^ DUTIES. 
 
 18. Liquidators shall not emijloy any advocate without the Employment 
 consent of the insj^ectors or of the members of the company. ° 
 
 (2) No liquidator or inspector shall purchase, directly or Liquidators 
 
 1.1 ,. 1 1 . Til c orinspcctors 
 
 mdirectiv any part oi the stock m trade, debts or assets of any not to 
 
 1 • X- "j- ii X . purchase 
 
 description of the estate. assets of 
 
 ^ coiripaiiy 
 
 (3) The liquidators shall deposit at interest in some char- Deposit in 
 tered bank to be indicated by the inspectors or by the court, liquidators 
 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 Separate 
 liquidators generally, on pain of dismissal ; but a separate account to be 
 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 withdrawal 
 
 ' ^ ^ ^ ^ ^ ' ^ ^ *^ from account 
 
 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 
 liquidators shall produce a bank pass book showing the amount bank°pa'ss 
 of deposits made for the company, the dates at which the meeting?, etc. 
 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. 
 
 (6) The liquidators shall also produce the pass book when- Liquidators^ to 
 ever so ordered by the court at the request of the inspectors or pass^book^^_^^ 
 a 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 Liquidatorand 
 
 \ / <J ^ '■ " inspector to be 
 
 sumniarv jurisdiction of the court in the same manner and to subject to 
 •the same extent as the ordinary officers of the court are subjectjurisdiction 
 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 lian^lsv^^^^f ;'„'fS?ced 
 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 
 
186 
 
 COMPAMES WINDING UP 
 
 whatever ; and obedience by a liquidator to such order may be 
 enforced by the court under the penalty of imprisonment as 
 for contempt of court or disobedience thereto; or he may 
 be removed in the discretion of the court. 1903, Sess. 1, c. 
 
 13, s. 18. 
 
 EXPENSES. 
 
 Costs and 
 expenses 
 
 Remuneration 
 of liquidators 
 in case no 
 other fixed 
 
 19. All costs, charges and expenses properly incurred in the 
 winding up of a company, includidng the remuneration of the 
 liquidators, shall be payable out of the assets of the company 
 in priority to all other claims. 1903, Sess. 1, c. 13, s. 19. 
 
 20. In case of there being no agreement or provision fixing 
 the remuneration of the liquidators they shall be entitled to a 
 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 realised not 
 exceeding $1,000, the further sum of two and a half per cent, 
 on any amount realised in excess of $1,000 and not exceeding 
 $5,000, and a further sum of one and a quarter per cent, on 
 any amount realised in excess of $5,000 ; which said commis- 
 sion shall be in lieu of all fees and charges for their services. 
 1903, Sess. 1, c. 13, s. 20. 
 
 MEETINGS. 
 
 Filling 
 vacancies in 
 office of 
 liquidator 
 
 General 
 meetings 
 during 
 winding up 
 
 Annual 
 meetings 
 
 Liquidators to 
 call meetings 
 of members of 
 company 
 
 21. If a vacancy in the ofHce of liquidators appointed by 
 the company occurs by death, resignation or otherwise, a 
 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- 
 tinuance of the winding up, summon general meetings of the 
 company for the purpose of obtaining the sanction of the 
 company by special resolution or extraordinary resolution, or 
 for any other purpose they thini fit. 
 
 (3) In the event of the winding up continuing for more 
 than 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 the company whenever required in writing so to do, by the 
 
COMPANIES WINDING UP 18T 
 
 inspector or five members of the company or by the court, 
 and they shall state siaccinctly in the notice calling any meeting 
 the purpose thereof. 
 
 (5) The members of the company may, from time to time ^'^g^HJj"!"'^ 
 at any meeting, determine where subsequent meetings shall be 
 
 held and in the absence of such a resolution all meetings of 
 
 the members of the company shall be held at the office of the meetings to be 
 
 liquidators or of the company, unless otherwise ordered by the ^^^^ 
 
 court. 
 
 (6) ISTotice of any meeting shall for the purposes of this ^/{,| ™°^^^Pjg. 
 Ordinance be deemed to be duly given, and the meeting to be °^ meeting 
 duly held, whenever the notice is given and meeting held in 
 manner prescribed by the Ordinance, charter or instrument of 
 incorporation or by the regulations of the company, or by the 
 
 court; or notice of the meeting may be given by publication 
 
 thereof for at least two weeks in the ofiicial gazette, or by 
 
 such other or additional notice as the court, or the inspectors 
 
 or the company may direct, and, except where the court ^"noUce of"*^^ 
 
 otherwise directs, by addressing notices of the meeting to the '"'^'''''"^ 
 
 contributories within the Territories, and to the representatives 
 
 within the Territories of contributories who reside out 
 
 of the Territories; and the notices shall be posted at least 
 
 ten days before the day on which the meeting is to take place, 
 
 the postage being prepaid by the liquidators. 
 
 (7) ISTo member of the company shall vote at any meeting voting to b& 
 
 ^ ■^ ^ "^ -^ ° in person or 
 
 unless present personally, or represented by some person by proxy 
 having a written authority to be filed with the liquidators to 
 act on his behalf at the meeting, or generally ; and when a po^l 
 is taken reference shall be had to the number of votes to which 
 each member is entitled by the Ordinance, charter or instru- 
 ment of incorporation or the regulations of the company. 
 1903, Sess. 1, c, 13, s. 21. 
 
 ASSISTANCE OB" THE COUKT. 
 
 33. The liquidators or any member of the company may Applications 
 
 , . , . . - . ^, to the court 
 
 apply to the court to determme any question arising m the 
 matter of the winding up ; or to exercise all or any of the 
 powers following; and the court, if satisfied that the deter- 
 mination of the question, or the required exercise of power, 
 will be just and beneficial, may accede wholly or partially to 
 the application on such terms and subject to such conditions as 
 the court thinks fit; or it may make such other order on the 
 application as the couit thinks just. 
 
188 
 
 COMPANIES WINDING UP 
 
 against*"'''™ (^) ^^^ court at any time after the issue of a. summons 
 betoreTrder ^°^ winding up a company and before making an order for 
 to wind up winding up a company, may restrain further proceedings in 
 any action or proceeding against the company other than 
 under any other authority over which the Legislative Assembly 
 of the Territories has no jurisdiction in and upon such terms 
 as the court thinks fit. 
 
 'r°c'om-'''°" (3) The court may make an order that no action or other 
 of^wfnSng up proceedings shall be proceeded with or commenced against the 
 company except with the leave of the court, and subject to 
 such terms as the court may impose, and a copy of such order 
 :^hii,ll forthwith be advertised as the court may divec* ; but this 
 subsection shall not apply to proceedings under any Act of the 
 Parliament of Canada under its jurisdiction in matters of 
 bankruptcy and insolvency or otherwise. 
 
 list of "'""' "^ (^) The court may settle the list of contributories. 
 
 contributories 
 
 ,, ,. , (5) The court mav direct any meeting of the members of 
 
 Meetings of ^ ■' - .i o 
 
 members of fhe Company to be summoned, held and conducted in such 
 
 company may i J ? 
 
 beordered maiuier US thc (■(•iirt thinks fit for the piirp<ise of ascertaining 
 Chairman their wishes and may appoint a person to act as chairman of 
 
 any such meeting and to report the result of such ineeting to 
 
 the court. 
 
 delivery bv ^^^ ^""^^ couit may require any contributory for the time 
 
 and'otiiers'or ^^ing Settled On the list of contributories; or any trustee, 
 properly, ete receiver, banker or agent or officer of the company, to pay, 
 deliver, convey, surrenderd or transfer forwthwith, or within 
 such time as the court directs, to or into the hands of the 
 lir[uidators, any sum or balance, books, papers, estate or effects 
 M'hich happen to be in his hands for the time being and to 
 which the company is prima facie entitled. 
 
 Order for i^j) The court may make an order on anv contributory for 
 
 payment by ^ _ ■' _ ■ ■' _ 
 
 contributories the time being settled on the list of contributories directing 
 payment to be made, in manner in the order mentioned, of 
 moneys due from him or from the estate of the person whom 
 he represents, to the company, exclusive of moneys which he 
 or the estate of the person whom he represents may be liable 
 to contribute by virtue of any call made or to be made by 
 the court in j^ursuanee of this Ordiiiauce. 
 
 Power toorder (8) The court uiav order any contributovv, purehaser or 
 
 payment into \ ' • '.' ■ '- 
 
 a bank to other persou irom wiiom money is due to the company to pay 
 
 H^u'iditor ^^'^ Same into, any bank appointed for the purpose in any 
 
 general order made under this Ordinance, or in default of such 
 
 bank into a bank named in the order, or into a branch of such 
 
 bank, to the account of the liquidators instead "of to the liqui- 
 
COMPANIES WINDING UP 189 
 
 dators, and the order may be enforced in the same manner as 
 if it had directed payment to the liquidators. 
 
 (9) An order made by the court in pursuance of ■ this Order on 
 Ordinance upon any contributory shall, subject to the to be 
 provisions herein contained for appealing against such order, evidence 
 
 1 , . . ■, , , ^^ ° °.. , , 'except as to 
 
 be conclusive evidence that the moneys, if anv, thereby '••■"■' estate ot 
 appearing to be due, or ordered to be paid, are due; and all 
 other pertinent matters stated in the order are to be taken 
 to be truly stated as against all persons and in all proceedings 
 whatsoever. 
 
 (10) The court may make such order for the inspection by inspection ot 
 the creditors and contributories of the company of its books 
 
 and papers as the court thinks just; and any books and papers 
 in the possession of the company may be inspected in 
 conformity with the order of the court but not fuiiher -or 
 otherwise. 
 
 (11) The court may at any time after the commeueciueiit Examination 
 
 J. 1 . T . /. * 1 *' 1 (. °^ persons 
 
 01 the Winding up oi the company, summon to appear before before court or 
 the court or liquidators any otKcer of the couipauy, or any 
 other person known or suspected to have in his possession any 
 of the estate or effects of the company, or supposed to be 
 indebted to the company, or any person whom the court may. 
 deem capable of giving information concerning the trade 
 dealings, estate or effects of the company; and in- case of 
 refusal to appear or answer the questions submitted he may 
 be committed and punished by the judge as for a contempt. 
 
 (12) The court may require any such officer or person to P™j^^eHon of 
 produce any books, papers, deeds, writings or other documents 
 
 in his custody or power relating to the company. 
 
 (13) If any person so summoned, after being tendered the Penalty on 
 fees to which a witness is entitled in the court, refuses to come-summonednot 
 
 . 11- attending 
 
 before the court or liquidators at the time appionted, having 
 no lawful impediment, the court may cause such person to be 
 apprehended and brought before the court or liquidators for 
 examination. 
 
 (14) The court or liquidators may examine upon oath any Mode of 
 
 ^ ■' ^ I' 1 • T J? exannnation 
 
 person appearing or brought before them m the manner afore- 
 said concerning the affairs, dealings,, estate or effects of the 
 company, and may reduce into writing the answers of evevj 
 such person and require him to subscribe the same. 
 
 (15) In any proceeding under this Ordinance the court Subpcenas 
 may order a writ of subpoena ad testificandum or of subpoena 
 
 duces tecum to issue commanding the attendance as a witness of 
 any person within the limits of the Territories. 
 
190 COMPANIES WINDING UP 
 
 Liehs (16) Where any person claims a lien on papers, deeds or 
 
 writings or documents produced by him such production shall 
 be without prejudice to the lien; and the court shall have 
 jurisdiction in the winding up to determine all questions 
 relating to such lien. 
 
 Power of court (lY) Where in the course of winding up a company under 
 
 to aiSSGss , -f . , 1 1 • 
 
 damages this Ordinance it appears that any past or present director, 
 delinquent manager, liquidator or any officer of the company has mis- 
 applied or retained in his own hands or become liable or 
 accountable for moneys of the company, or been guilty of any 
 misfeasance or breach of trust in relation to the company the 
 court may, on the application of a liquidator or of any contri- 
 butory of the company, notwithstanding that the offence is one 
 for which the offender is criminally responsible, examine into 
 the conduct of such director, manager, liquidator or other 
 officer, and compel him to repay the moneys so misapplied or 
 retained, or for which he has become liable or accountable 
 together with interest at such rate as the court thinks just, or 
 to contribute such sums of money to the assets of the company 
 by way of compensation in respect of such misapplication, 
 retainer, misfeasance or breach of trust, as the court thinks 
 just 1903, Sess. 1, c. 13, s. 22. 
 
 Proceedings 33^ j£ ^^ ^^j ^{j^q ^ member of the company desires to 
 at"h"^"o'^wn*^ causc any proceeding to be taken which, in his opinion, would 
 fOT thifr OT^n be for the benefit of the company, and the liquidators, with or 
 benefit only ^i-t^jQut the authority of the members of the company or of 
 the inspectors, refuse or neglect to take such proceeding, after 
 being duly required so to do, such member of the company 
 shall have the right to obtain an order of the court, author- 
 ising him to take such proceeding in the name of the liqui- 
 dators or company, but at his own expense and' risk, upon 
 1 such terms and conditions as to indemnity to the liquidators 
 
 as the court may prescribe ; and thereupon any benefit derived 
 from such proceeding shall belong exclusively to the member 
 of the company instituting the same, for his benefit and that 
 of any other member of the company who may have joined him 
 in causing the institution of such proceeding; but if, before 
 such order is granted, the liquidators signify to the court 
 their readiness to order shall be made prescribing the time 
 within which they shall do so and in that case any advantage 
 derived from such proceeding shall appertain to the company. 
 1903, Sess. 1, c. 18, s. 23. 
 
 b^c°u"t™^"' ^^' ^^ from any cause there is no liquidator acting either 
 provisionally or otherwise the court may, on the application 
 
COMPANIES WINDING UP 191 
 
 of a member of the company, appoint a liquidator or 
 liquidators. 
 
 (2) The court may also on due cause shown remove a Removal of 
 liquidator and appoint another liquidator. 
 
 (3) When there is no liquidator the estate shall be under The nase of no 
 the control of the coiirt until the appointment of a new 
 liquidator. 1903, Sess. 1, c. 13, s. 24. 
 
 ?35. Anv one or more members of the coniijanv whose shares Rescinding of 
 
 ..' iiT./>i resolution, etc. 
 
 therein m the aggregate exceed $500, who may be dissatisfied by the court 
 
 with the resolution adopted or orders made by the members 
 
 of the company or the inspectors, or with any action of the 
 
 liquidators for the disposal of the property of the company, or 
 
 any part thereof, or for postponing the disposal of the same, or 
 
 with reference to any matter connected with the management 
 
 or winding up of the estate, may, within four clear days after 
 
 meeting of the members of the company in case the subject 
 
 of dissatisfaction is a resolution or order of the members of 
 
 the company or within four clear days after becoming aware 
 
 or having notice of the resolution of the inspectors or action 
 
 of the liquidators where such resolution or action is the subject 
 
 of dissatisfaction, give to the liquidators notice that he or they 
 
 will apply to the court, on the day and at the hour fixed by 
 
 such notice not being later than four clear days after such 
 
 notice has been given or as soon thereafter as the parties may 
 
 be heard before the court, to rescind such resolutions or orders. 
 
 (2) The court, after hearing the inspectors, the liquidators Confirmation 
 
 ^ ^ ' ° . or variation of 
 
 and members of the company present at the time and place so resolutions, 
 fixed, may approve, rescind or modify the said resolutions or 
 orders. 
 
 (3) In case of the application being refused the party Costs 
 applying shall pay all costs occasioned thereby, and in other 
 cases the costs and expenses shall be in the discretion of the 
 court. 1903, Sess. 1, c. 13, s. 25. 
 
 Ji6. Any party who is dissatisfied with any order or decision Appeals 
 of the court in any proceeding under this Ordinance may 
 appeal therefrom to the court en banc. 
 
 (2) No such appeal shall be entertained unless the appel- security for 
 lant has, within eight days after the rendering of such order coste*^^'""' 
 or decision, taken proceedings on the said appeal in accord- 
 ance with the rules of the court in respect to appeals from 
 final judgments nor unless within the said time he has given 
 security by way of deposit or otherwise to the satisfaction of 
 the court that he will duly prosecute the said appeal and pay 
 such damages and costs as may be awarded to the respondent. 
 
192 
 
 GOMPAIS-TKS WlxXDIXG VV 
 
 Dismissal 
 of appeal 
 
 Judgment 
 final 
 
 (3) If the party appellant does not proceed with his appeal 
 according to the law or the rules of practice the court, on the 
 application of the respondent, may dismiss the appeal and 
 condemn the appellant to pay the respondent the costs by him 
 incurred. 
 
 (4) The judgment of the court era hrmc on sueli appeal 
 shall be final. 1903, Sess. 1, c. 13, s. 26. 
 
 Powers of 
 court to be in 
 addition to 
 other powers 
 
 27. Any powers by this Ordinance conferred on the court 
 shall be deemed to be in addition to any other power of insti- 
 tuting proceedings against any contribiitory, or against any 
 debtor of the company for the recovery of any call or other 
 sum due from 'such contributory or debtor, or his estate and 
 such proceedings may be instituted accordingly. 1903, Sess. 
 1, c. 13, s. 27. 
 
 Enforcing 
 of orders 
 
 38. All orders made by the court may be enforced in the 
 same manner as orders of such court made in any action 
 pending therein. 1903, Sess. 1, c. 13, s. 28. 
 
 :mattees of peactige. 
 
 Petition on 
 winding up 
 
 Course of 
 court on 
 hearing 
 petition 
 
 39. Any applicant to the court for the winding up of a 
 company under this Ordinance shall be by originating 
 summons which may be issued at the instance of the company, 
 or any contributory or contributories of the company and 
 thcreai'tcr the matter shall proceed as. a cause in court and 
 be subject except where inconsistent herewith, to all the rules 
 applicable to ordinary causes. 
 
 ( '2, ) Upon hearing the summons the court may dismiss the 
 same, with or without costs, or may adjourn the hearing 
 conditionally or unconditionally, and may make an interim 
 order,! or any other order that it deems just. 1903, Sess. 1, 
 c. 13, s. 29. 
 
 stay of 
 proceedings 
 
 30. The court, at any time after an order has been made 
 for Aviiiding up a company, may, upon the application of any 
 contributory, to be made by summons, and upon proof to the 
 satisfaction of the court that all proceedings in relation to the 
 winding up ought to be stayed, make an order staying the 
 same, either altogether or for a limited time, on such terms 
 and subject to such conditions as the court deems fit. 1903, 
 Sess. 1, c. 13, s. 30. 
 
 Ruiesof , 31. The rules of procedure for the time beins; as to amend- 
 
 procedure in -^ o 
 
 cases'^eto mcuts of pleadings and proceedings in the court shall, as far 
 
 to apply 
 
. COMPANIES WINDING UP 193 
 
 as practicable, apply to all pleadings and proceedings under 
 this Ordinance; and any court before whom such proceedings 
 are being carried on shall have full power and authority to 
 apply the appropriate rules as to amendments to the proceed- 
 ings so pending ; and no pleading or proceeding shall be void Amendments 
 by reason of any irregularity or default which can or may be 
 amended or disregarded under the rules and practice of the 
 court. 1903, Sess. 1, c. 13, s. 31. 
 
 33. All books, accounts and documents of the company and Books, etc., to 
 of the liquidators shall, as between the contributories of thefacie evidence 
 company, be prima facie evidence of the truth of all matters 
 purporting to be therein recorded. 1903, Sess 1, c. 13, s. 32. 
 
 33. Any affidavit, affirmation or declaration required to be Affidavit, 
 
 T 1,1 • • /■ , 1 c before whom 
 
 sworn or made under the provisions or for the purposes oi sworn 
 this Ordinance may be sworn or made before any person 
 authorised to take affidavits for use in the supreme court of 
 the North- West Territories. 1903, Sess. 1, c. 13, s. 33. 
 
 DISSOLUTIOIT OF COMPANY. 
 
 34. As soon as the affairs of the company are fujlv wuuud Account of 
 
 - ■' ' winning up to 
 
 up the liquidators shall make up an account showing the Jj^^J'^^.'^^^y^ ^^ 
 manner in which the winding up has been conducted and the |fg"gy^g 
 property of the company disposed of; and thereupon they 
 shall call a general meeting of the company for the purpose of 
 having the account laid before them and hearing any explan- 
 ation that may be given by the liquidators ; the meeting shall 
 be called by advertisement specifying the time, place and 
 object of such meeting; and the advertisement shall be pub- 
 lished one month at least previously thereto. 
 
 (2) The liquidators shall make a return to the registrar of Retiirnof 
 joint stock companies of such meeting havini;,' been held anduieeting to be 
 of the date at which the same was held; which return shall RegistTar^of 
 be filed in his office ; and on the expiration of three months Companies 
 from the date of the filing of such return the company shall D/s«>iutmn 
 be deemed to be dissolved. 1903, Sess. 1, c. 13, s. 34. 
 
 35. Whenever the affairs of the company have been order tor 
 
 , „ *, . . n dissolution 
 
 completely wound up the court may, before the expiration ol 
 the said period of three months, make an order that the 
 company be dissolved from the date of such order, and the 
 company shall be dissolved accordingly ; which order shall be R|?o';.t^t'' t^e 
 reported' by the liquidators to the registrar of joint stock 
 companies. 1903, Sess. 1, c. 13, s. 35. 
 8 a 
 
194 
 
 COMPANIES WINDING UP 
 
 Penalty on 36. If the liquidators make default in transmitting to the 
 
 reporting by registrar of joint stock companies the return mentioned in 
 
 or in making section 34 hereof, or in reporting the order, if any, declaring 
 
 the company dissolved they shall be severally liable to a 
 
 penalty not exceeding $20 for every day during which they 
 
 are in default. 1903, Sess. 1, c. 13, s. 36. 
 
 ?ndaimed'°'^ 37. All dividends deposited in a bank and remaining 
 dividends unclaimed at the time of the dissolution of the company shall 
 be left for three years in the bank where they are deposited, 
 and if still unclaimed shall then be paid over by such bank, 
 with interest accrued thereon, to the territorial treasurer, 
 and, if afterwards duly claimed, shall be paid over to the 
 person entitled thereto upon satisfactory proof of his claim 
 being made. 1903, Sess. 1, c. 13, s. 37. 
 
 nepo|^t by 38. Every liquidator shall, within thirty days after the 
 
 dissolution of *^^*® °^ *^® dissolution of the company, deposit in the bank 
 moneys with appointed or named as hereinbefore provided for, any other 
 statement money belonging to the estate then in his hands not required 
 for any other purpose authorised by this Ordinance, vdth a 
 sworn statement and account of such money, and that the same 
 is all he has in his hands ; and he shall be subject to a penalty 
 not exceeding $10 for every day on which he neglects or delays 
 such payment; and he shall be a debtor to his Majesty for 
 such money and may be compelled as such to account for and 
 pay over the same. 
 
 (2) The money so deposited shall be left for three years in 
 the bank and shall be then paid over, with interest accrued 
 thereon, to the territorial treasurer, and if afterwards 
 claimed shall be paid over to the person entitled thereto upon 
 satisfactory proof of his claim being made. 
 
 (3) Where a company has been wound up under this Ordin- 
 ance and is about to be dissolved the books, accounts and 
 documents of the company and of the liquidators may be 
 disposed of in such a way as the company by an extraordinary 
 resolution directs. 
 
 After Ave (4.) After the lapse of five years from the date of such 
 
 years ^ ^ ■' ^ ... 
 
 responsibility dissolution no responsibility shall rest on the company or 
 
 as to custody ^ •' n 
 
 of books, etc., liquidators, or any one to whom the custody of such books, 
 accounts and documents has been committed, by reason that 
 the same or any of them are not forthcoming to any party 
 claiming to be interested therein. 1903, Sess. 1, c. 13, s. 38. 
 
 Penalty on 
 omission 
 
 Money to 
 remain on 
 deposit for 
 three years 
 
 Disposal of 
 books, etc., 
 after winding 
 up 
 
COMPENSATION TO FAMILIES 195 
 
 RULES OF OOUET. 
 
 39. The supreme court or any three of the judges thereof , Judges to 
 may, from time to time, make and frame and settle the forms, and forms as 
 
 , T p ^^ 1 ' to proceedings 
 
 rules and regulations to be followed and observed in proceed- ^nd costs, etc. 
 ings under this Ordinance, and may make rules as to costs, 
 fees and charges which shall or may be had, taken o'r paid in 
 all such cases by or to advocates or counsel, and by tor to 
 oiEcers of the court, whether for the officers or for the Crown, 
 and by or to sheriffs, or other persons whom it may be neces- 
 sary to provide for, or for any service performed or work done 
 under this Ordinance. 
 
 (2) Until such forms, rules and regulations are so P^^tice tin 
 
 ^ ^ . ' ^ allowance of 
 
 approved, and subject to any which may be approved, the prac- ™i«S' «*'<=• 
 tice under this Ordinance shall, in cases not hereinbefore 
 provided for, be the same, as nearly as may be, as under 
 The Winding Up Act, and the rules of the said court made 
 thereunder or applicable thereto. 1903, Sess. 1, c. 13, s. 39. 
 
 COMPENSATION FOR DEATH OR 
 INJURY. 
 
 See AccrDENTS. 
 
 COMPEBrSATIOW TO PAMILIES. 
 
 COMPENSATION TO FAMILIES. 
 
 An Ordinance respecting Compensation to the Families «o^^is9«.=-*8 
 of Persons Killed by Accidents. ^^'^s 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. The following words and expressions shall have in this interpretation 
 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, "Parent- 
 grandmother, stepfather, stepmother; and 
 
 2. "Child" shall include son, daughter, grandson, grand- "Chiid" 
 daughter, stepson, stepdaughter. C. O. 48, s. 1. 
 
196 CONDITIONAL SALE OF GOODS 
 
 When 3. Whenever the death of a person has been caused by such 
 
 recoverable wrongful act, neglect or default as woiild (if death had not 
 ensued) have entitled the party injured to maintain an action 
 and recover damages in respect thereof, in each case the person 
 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. C. O. 48, s. 2. 
 
 whotobeDeflt 3. Every such action shall be for. the benefit of the wife, 
 
 by action •' . » , 
 
 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. C. 0. 48, s. 3. 
 
 Limitation 4. jyT^j- jj^Qye than One action shall lie for and in. respect of 
 
 of action -^ . 
 
 the same subject matter of complaint and every such action 
 shall be commenced within twelve months after the death of 
 the deceased person. C. 0. 48, s. 4. 
 
 CONDITIONAL SALE OF GOODS. 
 
 CO. 1898, c. 44 An Ordinance respectine^ Hire Receipts and Condi- 
 
 15 iHarch, 1899 ■ i o i <■ r\ i 
 
 tional bales or Lroods. 
 
 THE Lieutenant Governor by and with the advice, 'and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Conditional 1. Whenever on a sale or bailment of "uods of the value of 
 
 sales of goods . . t i i- • i i i ■ i 
 
 $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 buj'^er 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, 
 executions 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 
 
CONDITIONAL SALE OF GOODS 197 
 
 such a description of the goods the subject of the bailment that 
 the same may be readily and easily known and distinguished : 
 
 Provided that nothing in this section shall apply to any Proviso 
 bailment where it is not intended that the property in the 
 goods shall eventually pass to the bailee on payment of 
 purchase money in whole or in part or the performance of 
 some condition by the bailee. 0. O. 44, s. 1. 
 
 2. Such writing or a true copy thereof shall be registered in Registration 
 the office of the registration clerk for chattel mortgages in the 
 registration district within which the buyer or bailee resides 
 
 within thirty days of sucli sale or bailment and also in the 
 registration district in which the goods are delivered or to 
 which they may be removed within thirty days of such delivery 
 or removal verified by the affidavit of the seller or bailor or his 
 agent stating that the writing (or copy) truly sets forth the 
 agreement between the parties and that the agreement therein 
 set forth is bona fide and not to protect the goods in question 
 against the creditors of the buyer or bailee as the case may be. 
 C. O. 44, s. 2. 
 
 3. 4. and 5. * * * * * * 
 
 6. The seller or bailor shall upon payment or tender of the ^®™Hs^aotiOTi 
 amount due in respect of such goods or performance of the °' '^""^^ 
 conditions of the bailment sign and deliver to any person 
 demanding 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 memorandum if accompanied by an affidavit of 
 execution of an attesting witness may. be registered. C. O. 
 44, s. 6. 
 
 '7. In case the seller or bailor shall retake possession of the Retaking 
 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 payment of the amount actually due thereon and the 
 actual necessary expenses of taking possession. C. 0. 44, s. 7. 
 
 8. The goods or chattels shall not be sold without five days JJ'i Jf^.^ ^[I'^i^ 
 notice of the intended sale being first given to the buyer or to be given 
 bailee or his successor in interest. The notice may be person- 
 ally 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 
 
198 CONFIRMATION OF TAX SALES 
 
 post oiSce 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. 0. 44, s. 8. 
 
 SstrumLt ^" Copies of any instrument filed under this Ordinance 
 
 to'be evidence certified by the registration clerk shall be received as prima 
 facie evidence for all purposes as if the original instrument 
 were produced and also as prima facie evidence of the 
 execution 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 or filing! 
 G. 0. 44, s. 9. 
 
 Registration 10. The registration clerk shall be entitled to charge a fee 
 of 25 cents for each registration; 10 cents for each search; 
 10 cents per 100 words for copies of documents and 25 cents 
 for each certificate. C. 0. 44, s. 10. 
 
 fees 
 
 CONDITIONS OF INSURANCE. 
 
 See riEE insukance. 
 
 MUTUAL FIEB INSURANCE. 
 
 CONFIRMATION OF TAX SALES. 
 
 1901, c. 12 An Ordinance respecting tlie Confirmation of vSales of 
 
 Land for Taxes. 
 
 12 June, 1901 [Assented to June 12, IQOlJ] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 On application 1. ISTo application for an order for confirmation of a sale of 
 mterested to land f or taxes made under the provisions of any Ordinance of 
 the Territories shall be heard by a judge until all persons 
 appearing 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 
 
CONFIRMATION OF TAX SALES 199 
 
 may direct and returnable in one month or such longer time 
 as the judge may direct after service thereof. 1901, c. 12, s. 1. 
 
 2. Any person interested in such land may at any time Right to 
 before the time of hearing such application redeem the said'^ ^'^"^ 
 land by paying to the purchaser or his assignee the amount 
 
 of the purchase 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 heen unable to do so iecause of his inability to ascertain 
 the proper amoUnt to he paid to redeem the said land the 
 judge may adjourn the hearing of the said application and 
 may order an account to he taken or may give such other 
 directions as to him shall seem meet. 1901, c. 12, s. 2, and 
 1903, Sess. 1, c. 9, s. 1. 
 
 3. From the time of payment to the purchaser or his redemption 
 assignee of the amounts mentioned in the next preceding FnYerestto^ 
 section all right and interset of the purchaser in the said land "^'^"'^ 
 shall cease and determine. 1901, c. 12, s. 3. 
 
 4. Subject to the foregoing provisions on any application prf°iff%cie 
 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 Ordinances in 
 that behalf been complied with necessary to entitle the appli- 
 cant to the order of confirmation applied for. 
 
 (2) If such application be not made until after the expira- conciusive"*'^'^ 
 tion of one year from the date of the transfer such transfer ^^^^'^'^'^^ 
 shall be conclusive evidence that all conditions have existed 
 and all acts been performed and all requirements of the. 
 Ordinances 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. 
 
 1901, c. 12, s. 4. 
 
 5. Chapter 10 of the Ordinances of 1900 is hereby Repeal 
 repealed. 1901, c. 12, s. 5. 
 
200 CONSOLIDATED ORDINANCES 
 
 CONGREGATIONS. 
 
 tSce L'llUECH LANDS 
 
 RELIGIOUS CONGEEGATIOSS. 
 :iEAL PEOPERTY. 
 
 CONSOLIDATED ORDINANCES 1898. 
 
 189S. .\o.39 An Ordinance respecting the Consolidated Ordinances 
 
 of the Territories. 
 
 i9Sept,, 3898 (Asseuted to September 19, 1898.) 
 
 Preamble "TTT HEREAS by a commission issued by the Lieutenant 
 ' ' Governor in Council dated the first day of February, 
 1897, the Honourable Hugh Richardson, one of the Justices 
 of the Supreme Court of the Territories; the Honourable 
 Edward Ludlow Wetmore, one of the Justices of the Supreme 
 Court of the Territories, and Charles OoursoUes McCaul, 
 Esquire, one of her Majesty's counsel learned in the law, 
 were appointed commissioners for the purpose of consolidating 
 the public Ordinances of the Territories; and 
 
 Whereas the said commissioners had prior to the passing of 
 Ordinance No. 37 of 1897 completed the consolidation of the 
 said Ordinances as they then existed ; and 
 
 Whereas since the coming into force of the Ordinances of 
 1897 the said commissioners having proceeded to ameiul, vary 
 and add to the said consolidation as far as such action was 
 rendered necessary by the said Ordinances, have recommended 
 that divers other changes in the law as it now exists and as it 
 is declared by the Ordinances of the Territoiies, should be 
 made before the said consolidation is completed and brought 
 into force under the said Ordinance, with a view to the general 
 improvement of the law of the Territories; 
 
 Therefore the Lieutenant Governor by and with the advice 
 and consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. The printed roll attested as that of the said Ordinances 
 as they existed prior to the passing of the Ordinances of 1897, 
 revised, classified and consolidated as aforesaid under the sig- 
 nature of His Honour the Lieutenant Governor and that of 
 
CONSOLIDATED ORDINANCES , 201 
 
 the clerk of the Legislative Assembly and deposited in the 
 office of the clerk of the Legislative Assembly, shall be held to 
 be the original thereof and to embody the several Ordinances 
 and parts of Ordinances mentioned as to be repealed in the 
 schedule II thereto annexed ; but the headings in the body of 
 the Ordinances and the references to former enactments at 
 the foot of the several sections thereof form no part of the said 
 Ordinances and shall be held to have been inserted for con- 
 venience of reference only and may be omitted or corrected. 
 
 3. The said commissioners are hereby empowered and oompietion oi 
 authorised to proceed to the completion of the consolidation 
 of all the public Ordinances of the Territories novs^ in force 
 and including all public Ordinances that may be passed at 
 this present session of the Legislative Assembly by making 
 such additions to, eliminations from, variations of and amend- 
 ments in the said printed roll as may be necessary to complete 
 the same as such consolidation.. 
 
 (2) The commissioners shall add to said schedule II a list 
 of such of the Ordinances and parts of Ordinances of the 
 year 1897 and of this present session as may be incorporated 
 by them in said consolidation. 
 
 3. In order to the proper completion of such consolidation powers of 
 the commissioners may, but without in any manner changing ''°°™"^*"°" 
 or affecting the legal effect of the said Ordinances, correct 
 
 any misprint or error (whether of commission or omission) or 
 any contradiction or ambiguity in the said roll or Ordinances 
 and the commissioners may make such alterations in the lan- 
 guage of the said roll or Ordinances as are requisite in order 
 to preserve a uniform mode of expression and may make such 
 minor amendments as are necessary to bring out more clearly 
 what is deemed to be the intention of the Legislative Assembly 
 or to reconcile seemingly inconsistent enactments or to correct 
 clerical or typographical errors. 
 
 4. So soon as the said consolidation of such Ordinances and Completed 
 the said addition to the said schedule II have been completed deposited 
 
 ii T • ^ 1 1 1 r ■"'^'''^ clerk of 
 
 tne Lieutenant Governor may cause a correct roll tnereol Legislative 
 (which may be partly printed and partly written) attested 
 under his signature and countersigned by the territorial secre- 
 tary to be deposited in the office of the clerk of the Legislative 
 Assembly which roll shall be held to be the original thereof 
 and to embody the several Ordinances and parts of Ordinances 
 mentioned as repealed in the amended schedule II thereto 
 annexed; any marginal notes however and headings in the 
 
202 CONSOLIDATED ORDINANCES 
 
 body of the Ordinances and references to former enactments 
 being held to form no part of the said Ordinances but to be 
 inserted for convenience of reference only. 
 
 Proclamation 5. The Lieutenant Governor after such deposit of the said 
 last mentioned roll may by proclamation declare the day on, 
 from and after which the same shall come into force and have 
 
 effect as law by the designation of "The Consolidated Ordin- 
 ances of the Territories 1898." 
 
 Effect of 
 proclamation 
 
 6. On and from such day the same shall accordingly come 
 into force and effect by the said designation to all intents as 
 though the same were expressly embodied in and enacted by 
 this Ordinance to come into force and to have effect on and 
 from such day; and on and from the same day all the enact- 
 ments in the several Ordinances and parts of Ordinances in 
 such amended schedule II mentioned so far as they relate to 
 the Territories shall stand and be repealed to the extent men- 
 tioned in the said schedule save only as hereinafter is provided. 
 
 Saving as to 7. The repeal of the said Ordinances and parts of Ordin- 
 
 transactions, . . r\ -\' 
 
 etc, anterior auces shall not revive any Ordinance or provision of law 
 
 to the repeal i n i 
 
 repealed by them ; nor shall the said repeal prevent the effect 
 of any saving clause in the said Ordinances and parts of 
 Ordinances or the application of any of the said Ordinances 
 or parts of Ordinances or of any Ordinance or provision of 
 law formerly in force to any transaction, matter or thing 
 anterior to the said repeal to which they would otherwise 
 apply. 
 
 Matters not 8. The repeal of the said Ordinances and parts of Ordin- 
 
 affeotedby i. n j. ^ j_ 
 
 repeal anccs shall not aflect: 
 
 (a) Any penalty, forfeiture or liability incurred before the 
 time of such repeal or any proceedings for enforcing the same 
 had, done, completed or pending at the time of such repeal; 
 
 (&) Any action, suit, judgment, decree, certificate, execu- 
 tion, process, order, rule or any proceeding, malter or thing 
 whatever respecting the same, had, done, made, entered, 
 granted, completed, pending, existing or in forcf at the time 
 of such repeal; 
 
 (c) Any act, deed, right, title, interest, grant, assurance, 
 descent, will, registry, bylaw, rule, regulation, proclamation, 
 contract, lien, charge, status, capacity, immunity, matter or 
 thing had, done, made, acquired, established or existing at the 
 time of such repeal; 
 
CONSOLIDATED ORDINANCES 203 
 
 (d) Any office, appointment, commission, salary, allow- 
 ance, security or duty or any matter or thing appertaining 
 thereto at the time of such repeal ; 
 
 (e) Any marriage certificate or registry thereof lawfully 
 had, made, granted or existing before or at the time of such 
 repeal. 
 
 (2) ISTor shall such repeal defeat, disturb, invalidate or 
 prejudicially affect any other matter or thing whatsoever had, 
 done, completed, existing or pending at the time of such 
 repeal; but every such: 
 
 (a) Penalty, forfeiture and liability; 
 
 (h) Action, suit, judgment, decree, certificate, execution, 
 prosecution, process, order, rule, proceeding, matter or thing; 
 
 (c) xVct, deed, right, title, interest, grant, assurance, 
 descent, will, registry, bylaw, rule, regulation, proclamation, 
 contract, lien, charge, status, capacity, immunity, matter or 
 thing; 
 
 (d) Office, appointment, commission, salary, alloAvance, 
 security or duty; 
 
 (e) Marriage certificate and registry thereof, and every 
 such other matter and thing, and the force and effect thereof 
 respectively.; 
 
 may and shall remain and continue as if no such repeal had 
 taken place and so far as necessary may and shall be continued, 
 prosecuted, enforced and proceeded with under the said 
 Consolidated Ordinances of the Territories and other Ordin- 
 ances and laws having force in the Territories so far as 
 applicable thereto and subject to the provisions of the said 
 several Ordinances and laws. 
 
 9. The said Consolidated Ordinances of the Territories consolidated 
 shall not be held to operate as new laws but shall be construed not te be 
 and have effect as a consolidation of the law as contained iniav,- 
 the said Ordinances and parts of Ordinances so repealed and 
 for which the said Consolidated Ordinances of the Territories 
 are substituted; and the Legislative Assembly is not to be 
 deemed to have adopted the construction which may, by 
 judicial decision or otherwise have been placed upon the 
 language of any of the Ordinances included amongst the said 
 Consolidated Ordinances of the Territories. 
 
 (2) The various provisions in the Consolidated Ordinances construction 
 corresponding to and substituted for the provisions of the^m^in effect 
 Ordinances and parts of Ordinances so repealed shall, where ordinances 
 
204 
 
 CONSOLIDATED ORDINANCES 
 
 Construction 
 in case they 
 differ from 
 the repealed 
 Ordinances 
 
 they are the same in effect as those of Ordinances and parts 
 of Ordinances so repealed, be held to operate retrospectively 
 as well as prospectively and to have been passed upon the 
 days respectively upon which the Ordinances and parts of 
 Ordinances so repealed came into effect. 
 
 (3) If upon any point the provisions of the said Consoli- 
 dated Ordinances are not in effect the same as those of the 
 repealed Ordinances and parts of Ordinances for which they 
 are substituted then as respects all transactions, matters and 
 things subsequent to the time when the said Consolidated 
 Ordinances take effect the provisions contained in them shall 
 prevail but as respects all transactions, matters and things 
 anterior to the said time the provisions of the said repealed 
 Ordinances and parts of Ordinances shall prevail. 
 
 Reference to 
 repealed 
 Ordinances 
 in former 
 Ordinances 
 
 10. Any reference in any former Ordinance remaining in 
 force or in any instrument or document to any Ordinance or 
 enactment so repealed shall after the Consolidated Ordinances 
 take effect be held as regards any subsequent transaction, 
 matter or thing to be a reference to the enactments in the 
 Consolidated Ordinances having the same effect as such 
 repealed Ordinance or enactment. 
 
 Effect of ll- The insertion of any such Ordinance in the said 
 
 Ordinance in Schedule II shall not be construed as a declaration that such 
 Ordinance or any part of it was or was not in force 
 immediately before the coming into force of the said Consoli- 
 dated Ordinances. 
 
 Copies printed 13. Copics of the Consolidated Ordinances printed by the 
 Printer to be Quceu's printer from the amended roll so deposited shall be 
 
 evidence . .nz-v ti t^t. 
 
 received as evidence oi the said Consolidated Ordinances m 
 all courts and places whatsoever. . 
 
 Distribution 
 of copies 
 
 13. The Consolidated Ordinances shall be distributed in 
 such numbers and to such persons only as the Lieutenant ' 
 Governor in Couucil may direct. 
 
 This 14- This Ordinance shall be printed with the said Consoli- 
 
 be printed dated Ordinances and shall be subject to the same rules of 
 
 Consolidated Construction as the said Consolidated Ordinances. 
 
 Ordinances 
 
 Citation of 
 
 Consolidated 
 
 Ordinances 
 
 15. Any chapter of the said Consolidated Ordinances may 
 be cited and referred to in any Ordinance or proceeding 
 whatever either by its title as an Ordinance or by its short 
 title or hj using the expression "The Consolidated Ordinance 
 
CONSTITUTIONAL QUESTIONS 205 
 
 respecting — " {adding the remainder of the title at the 
 beginning of the particular chapter), or by using the expres- 
 sion "The Consolidated Ordinances 1(S98, chapter 
 (adding the number of the particular chapter printed in the 
 copies printed by the Queens printer). 
 
 CONSTABLES. 
 
 Au Ordinance respecting: Constables. c.o.isgs, c. 33 
 
 ■^ '^ 15 March, 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 !• Any justice of the peace may in writing appoint one or Justices may 
 more constables whose powers and duties as such shall extend constables 
 to the whole of the Territories; such appointment to be in 
 force for the time mentioned in the appointment but shall at 
 no time be longer in force than until the thirty-first day of J^^|"°°°' 
 December then next following the date of such appointment 
 or until any process on the said thirty-first day of December 
 in his hands be execiited. C. O. 33, s. 1. 
 
 -"; 
 
 3. Every constable so appointed shall before entering upon Oath 
 the duties of his oflice take and subscribe before a justice of 
 the peace the following oath : 
 
 I, having been appointed constable for the 
 
 J^orth-West Territories do solemnly swear that I will truly, 
 faithfully and impartially perform the duties appertaining to 
 the said office according to the best of my skill and ability. 
 So help me God. C. O. 33, s. 2. 
 
 CONSTITUTIONAL QUESTIONS. 
 
 An Ordinance for expediting- the decision of Consti- i9oi, c. u 
 tutional and other Legal Questions. 
 
 {Assented to May 22, 1901.] 22May, i90i 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
206 
 
 CONSTITUTIONAL QUESTIONS 
 
 Reference to 
 
 eoiirt 
 
 authorised 
 
 Court to 
 
 certify 
 
 opinion 
 
 1. The Lieutenant Governor in Council may refer to the 
 supreme court of the Territories for hearing or consideration 
 any matter which he thinks fit to refer and the court shall 
 thereupon hear or consider the same. 1901, c. 11, s. 1. 
 
 2. The court is to certify to the Lieutenant Governor in 
 Council its opinion on the question referred vi^ith the reasons 
 therefor which are to be given in like manner as in the case of 
 a judgment in an ordinary action; and any judge who differs 
 from the opinion of the majority may in like manner. certify 
 his opinion with his reasons therefor to the Lieutenant Gov- 
 ernor in Council. 1901, c. 11, s. 2. 
 
 Notice to 
 Attorney 
 General of 
 Canada 
 
 3. In case the matter relates to the constitutional validity 
 of any Ordinance which has heretofore been or shall hereafter 
 be passed by the Legislative Assembly or of some provision in 
 any such Ordinance the Attorney General of Canada shall be 
 notified of the hearing in order that he may be heard if he 
 sees fit. 1901, c. 11, s. 3. 
 
 Notice to 
 
 persons 
 
 interested 
 
 4, The court shall have power to direct that any person 
 interested or where there is a class of persons interested any 
 one or more persons as representatives of such class shall be 
 notified of the hearing and such persons shall be entitled to be 
 heard. 1901, c. 11, s. 4. 
 
 Appointment 5. Where any interest affected is not represented by counsel 
 
 of counsel to , . . , . . ., • , 
 
 argue case for the court may in its discretion request counsel to argue the 
 
 unrepresented . . , ,. i -n i 
 
 interests case m such interest and reasonable expenses thereof shall be 
 paid out of the general revenue fund. 1901, c. 11, s. 5. 
 
 Appeal 6. The opinion of the court shall be deemed a judgment of 
 
 the court and an appeal shall lie therefrom as in the case of a 
 judgment in an action. 1901, c. 11, s. 6. 
 
 CONSTRUCTION OF CHIMNEYS. 
 
 CO. 1S98, c. 89 
 16 March, 1899 
 
 An Ordinance respecting- the Construction of 
 Chimneys. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Chimneys !■ ISTo person shall construct or use a chimney in any 
 
 portion of the Territories unless the same be constructed of 
 
CONTKOVEKTED ELECTIONS 207 
 
 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 ; gj-^^g ^^^^^ 
 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 as hereinafter mentioned. 
 0. O. 88, s.'l. 
 
 3. When stove pipes in any buildings lead through parti- stove pipe 
 tions, floors or ceilings the same shall be encased in solid 'i"'°"?'i 
 
 ' o _ partitions 
 
 brick 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. C. O. 88, s. 2. 
 
 3. Any person violating the provisions of this Ordinance Penalty 
 shall be subject to a fine on summary conviction not exceeding 
 
 $50 and costs of prosecution. C. O. 88, s. 3. 
 
 4. The provisions of this Ordinance shall not apply to Exceptions 
 farms, houses or buildings ten chains distant from one another 
 
 and shall not apply to municipalities which have provided for 
 the subject matter thereof. C. O. 88, s. 4. 
 
 CONTAGIOUS DISEASES. 
 
 See PUBLIC HEALTH. 
 MUNICIPAL. 
 VILLAGES. 
 
 CONTROVERTED ELECTIONS. 
 
 An Ordinance respecting Controverted Elections. [:g[-J,^4»; ^jg* 
 
 THE Lieutenant Governor by and with the advice and con- 
 sent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as "The Controverted ^^^^^^^^^^ 
 Elections Ordinance" 0. O. 4, s. 1. 
 
208 
 
 COXTEOVEETED ELECTIONS 
 
 Interpretation 
 "Judge' 
 
 "Clerk" 
 
 Time for 
 
 election 
 
 petition 
 
 Who may 
 petition 
 
 Form of 
 petition 
 
 Filing 
 
 Petitioner to 
 give security 
 for costs 
 
 INTEEPEETATIOlSr. 
 
 2. In this Ordinance unless the context otherwise requires : 
 
 1. The expression "the judge" shall mean the judge of the 
 Supreme Court of the ISTorth-West Territories usually exer- 
 cising jurisdiction in the judicial district in which a petition 
 is filed as hereinafter provided; but any other judge of the 
 said court may (if for any cause it is deemed expedient or 
 necessary that he should act) perform any of the duties or 
 exercise any of the functions herein prescribed for the judge ; 
 
 2. The expression "the clerk" shall mean the clerk of the 
 said court for the said judicial district. C. O. 4, s. 2. 
 
 PETITION'S. 
 
 3. At any time within one month after the publication 
 by the clerk of the Executive Council of the notice prescribed 
 by section 119 of The Territories Elections Ordinance any 
 defeated candidate or any duly qualified elector of the elec- 
 toral district in which the election was held may petition 
 against the undue return or undue election of any candidate 
 at such election. C. 0. 4, s. 3. 
 
 4. Such petition may be in form A in the schedule hereto ; 
 and shall within the time prescribed by the last preceding 
 section be filed in the office of the clerk of the Supreme Court 
 of the JSTorth-AVest Territories for the judicial district in 
 which such electoral district or the largest part thereof is 
 situated, and shall contain the following statements: 
 
 (a) The right of the petitioner to petition; 
 
 (b) The holding and result of the election in general 
 terms ; 
 
 (c) In a brief form the facts and grounds relied on to 
 sanction the prayer; 
 
 and such petition shall conclude with a prayer that the elec- 
 tion may be declared void and set aside, and it also may 
 contain a prayer that some other candidate at the election than 
 the one certified to be elected was duly elected. C. O. 4, s. 4. 
 
 SECURITY FOE COSTS. 
 
 5. The petitioner shall at the time he files such petition 
 deposit with the said clerk the sum of $500 in current bank 
 notes of the Dominion of Canada or other current money as 
 security for the respondent's costs of and incidental to the 
 said petition and the proceedings therevtnder. C.« O. 4, s. 5. 
 
C'OJ«"TEOVEETED ELECTIONS • 209 
 
 SERVICE OF PETITION. 
 
 6. A copy of such petition shall be served on the candidate Respondent to 
 against whom such petition is tiled (herein called the respond- copy of 
 ent) vithin twenty days after the same is so filed; and such 
 service may be effected in the way that service of a writ of 
 summons in an ordinary civil action in the said court is 
 effected. C. O. 4, s. 6. 
 
 ■<• Upon the judge being satisfied by affidavit either before g^t™^j,o" of 
 or after the time hereinbefore , limited for the service of a service 
 copy of the petition that every reasonable effort has been 
 made to effect such service and that such service has not been 
 effected, he may ex parte extend the time for effecting such 
 service for a period not exceeding ten days and so from time 
 to time until such service has been effected; or the judge may 
 in such case make an ex parte order for substitutional service substitutional 
 of such petition in such manner as he may direct. C. O. 4, 
 
 s. r. 
 
 ADDRESS FOR SERVICE. 
 
 8. The petitioner shall indorse on the petition filed with the Petitioner to 
 
 ^ J- indorse 
 
 clerk and on the copy thereof served on the respondent an address for 
 
 ^•^ _ ^ ^ service on 
 
 address for service (which shall not be more than three miles petition 
 from such clerk's office) at which all summonses, notices, 
 demands and other papers in the proceedings may be served 
 on him and in default of so doing such summonses, notices, 
 demands and other papers in the proceedings may be served 
 on him by being filed with the clerk. C. 0. 4, s. 8. 
 
 9. The respondent shall within ten days after being served R|sp™dent to 
 with a copy of the petition as hereinbefore provided file with ^^^^^^^ *°'' 
 the clerk a notice in writing specifying an address for service 
 
 not more than three miles from such clerk's office at which 
 all summonses, notices, demands and other papers in ^the 
 proceedings may be served on him ; and in default of so doing 
 such summonses, notices, demands or other papers may be 
 served on him by being filed with the clerk. C. 0. 4, s. 9. 
 
 PRELIMINARY OBJECTIONS. 
 
 10. The respondent may at any time within twenty days R|spopd^"t^ 
 after the service upon him of the petition apply to the judge I'^ve^.p^ftio" 
 to set such petition aside and have it removed from the files 
 
 of the court on any of the following grounds : 
 
 (a) That the petitioner is not qualified to file a petition ; 
 (&) That the petition was not filed within the prescribed 
 time; 
 
210 GONTEOVEKTED ELECTIONS 
 
 (c) That the deposit has not been made as provided in 
 se'ction 5 hereof; 
 
 (d) That the petition does not on its face disclose 
 sufficient grounds or facts to have the election set 
 aside or declared void; 
 
 (e) That service of a copy of such petition has not 
 been made on him as herein prescribed; 
 
 and the judge may (if satisfied that the application is well 
 founded) order the petition to be set aside and removed from 
 the files of the court with or without costs as he may direct; 
 or (if not satisfied) may dismiss the application with or with- 
 out costs as aforesaid. C. O. 4, s. 10. 
 
 PAETICULAES. 
 
 , R|spondent^^^ 11. Evidence need not be stated in the petition but the 
 ^rUcuiars respondent may at any time within twenty days after service 
 upon him of the petition (unless he makes an application 
 under the last preceding section, and if he does then within 
 five days after such application is disposed of if it is 
 refused or dismissed) apply to the judge for particulars or 
 for further and better particulars of the facts and grounds 
 relied on to sustain the prayer of the petition; and the judge 
 may order such particulars as may be necessary to prevent 
 surprise and to ensure a fair and effectual trial ; and may 
 prescribe the time within which such particulars shall be 
 delivered; and may in such order direct that in case such 
 particulars are not delivered as prescribed the petitioner shall 
 not be at liberty to give any evidence at the trial with respect 
 to facts and grounds of which particulars are ordered and 
 not delivered. C. O. 4, s. 11. 
 
 PETITION CLAIMING SEAT, OBJECTIOKS. 
 
 Respondent 13. If the petitioner claims the seat for anv other candidate 
 
 may file , '^ 
 
 statement of than the One certified to be elected the respondent may within 
 
 objections i( . . '^ . . , 
 
 seat claimed twenty days after service upon him of the petition (unless 
 
 for other than . .... » 
 
 i^etyned he applies to set aside the petition under section 10 hereof, 
 and if he does then within ten days after such application is 
 disposed of if it is refused or dismissed) file with the clerk a 
 statement in form B in the schedule herto, claiming that the 
 seat ought not to be awarded to the candidate for whom it is 
 so claimed because: 
 
 (a) He is not qualified to be elected a member of the 
 Legislative Assembly of the Territories; 
 
CONTEOVEETED ELECTIONS 211 
 
 (h) He at the election in question was guilty of some 
 act or acts in contravention of sections 123, 134 or 
 125 of The Territories Elections Ordinance; 
 
 and serve a copy of such statement on the petitioner. C. 0. 
 
 4, s. 12. 
 
 SETTING ASIDE OBJECTIONS. 
 
 13. The petitioner within ten clays after service upon him Petitioner 
 of the -said statement may apply to the judge to set such h!i7e ''state-''" 
 statement aside and have it removed from the files of the objections 
 court on any of the following gxounds: set aside 
 
 (a) That it was not filed within the prescribed time; 
 
 (b) That it was not served on him as herein prescribed; 
 
 (c) That it does not on its face disclose sufiicient 
 grounds to have the election declared void as 
 against the candidate for whom the seat is claimed ; 
 
 (d) That the petition ,does not claim the seat for any 
 other candidate; 
 
 or if the statement is not served on the petitioner as herein 
 directed he may apply at any time to have it set aside and 
 removed from the files of the court; and the ju^ge may (if 
 satisfied that any application under this section is well 
 founded) order such statement to be set aside and removed 
 from the files of the court with or without costs as he may 
 direct; and if not so satisfied he shall dismiss the application 
 with or without costs as he may direct. C. 0. 4, s. 13. 
 
 EVIDENCE, PAKTICULAES 
 
 14. Evidence need not be stated in such statement but the Petitioner 
 
 . . , . 1 c ■ ^^^y apply 
 
 petitioner may at any time withm ten davs after service upon for further 
 
 him of the said statement (unless he makes an application 
 under section 13 hereof to set the statement aside, and, if he 
 does then within five days after such application is disposed 
 of if it is refused or dismissed) apply to the judge for par- 
 ticulars or for further and better particulars of the facts and 
 grounds relied on for the claim that the seat ought not to be 
 awarded to the candidate for whom it is claimed in the 
 petition; and the judge may order such particulars as may 
 be necessary to prevent surprise and to insure a fair and 
 effectual trial in the same manner and with the same conse- 
 quence as prescribed in section 11 hereof. C. 0. 4, s. 14. 
 
 PETITIONS AT ISSUE. 
 
 15. If the said petition is not ordered to be set aside and Petition wiien 
 
 1 ^ at issue 
 
 taken off the files of the court the same shall be deemed to be 
 
212 CONTEOVEETED ELECTIONS 
 
 at issue when all other orders (upon applications hereinbefore 
 authorised to be made) by the judge have been made whether 
 granting or refusing sueli applications or when the time for 
 making such applications has expired if no such applications 
 have been made. C. O. 4, s. 15. 
 
 Application of 16. At anv time after the said petition is at issue the 
 
 respondent for '' . . , , 
 
 time and place petitioner may apply to the judge to appoint a time and place 
 for the trial of the petition; and the judge (on being certified 
 that the petition is at issue) shall appoint a time and place 
 for such trial. C. 0. 4, s. 16. 
 
 rea'indenTfor ^'^ ' """^ ^^ petitioner does not within one month after the 
 petSion*'"^ petition is at issue apply to the judge to appoint a time and 
 place for the trial of the petition the respondent may apply 
 to the judge to dismiss the petition; and the judge may there- 
 upon at the return of the summons (if the application is 
 properly made) either dismiss the petition with costs or 
 appoint a time and place for the trial of the petition. C. 0. 
 4, s. IT. 
 
 GEXEEAL. 
 
 Petition and 18. The Said- petition and all proceedings thereunder shall 
 
 proceedings , -. _, ., .I'li -i 
 
 thereunder be deemed te be a cause m the court m which the said petition 
 in court is filed, and all the provisions of The Judicature Ordinance 
 
 in so far as they are applicable and not inconsistent with the 
 provisions of this Ordinance shall be applicable to such 
 petition and proceedings; and the tariff of costs for clerks, 
 sheriffs, advocates and interpreters (whether prescribed by 
 The Judicature Ordinance or under its authority) shall be 
 applicable to such proceedings. C. 0. 4, s. 18. 
 
 to^'udeei™** ^^' -Applications to the judge shall be made in chambers 
 chambers ^nd imlcss authorised to be made ex -parte shall be made by 
 summons. C. O. 4, s. 19. 
 
 Trial 30. The judge shall attend at the time and place a^jpointed 
 
 for the trial and try the matters of the said petition and 
 arising thereout; and such place of trial shall be an open 
 court at which the usual ofiicers of the court shall attend and 
 perform their, respective duties as in the case of any other 
 trial in the said court ; and such trial may be adjourned from 
 day to day or for such further time as the judge may direct. 
 C. 0. 4, s. 20. 
 
 judge's eepoet. 
 
 jiidge to 31. If the judge on such trial finds that the respondent was 
 
 of E'xecutive uuduly returned or elected a member of the Legislative 
 
 Council 
 
CONTKOVEETED ELECTIONS 213 
 
 Assembly by reason of any of the matters alleged in the peti- 
 tion he shall forthwith after the expiration of fourteen days 
 from delivering his judgment (unless his judgment is 
 appealed and application is made for a stay as hereinafter 
 provided) report such finding to the clerk of the Executive 
 Council; and shall certify in such report for what cau.se he 
 finds that the respondent was unduly returned or elected; 
 and if the seatis by the petition claimed for another candi- 
 date than the respondent and the judge finds at such trial 
 that such other candidate is entitled to the seat, he shall so 
 certify in the said report to the said clerk of the Executive 
 Council and thereupon such other candidate shall be entitled 
 to the seat in the place and stead of the respondent;, but the 
 judge shall not so find or certify that such other candidate is 
 entitled to the seat under any circumstances if he finds that 
 he is not qualified by law to be a member of such Assembly 
 or that at the election in question he was guilty of any acts 
 in contravention of sections 123, 124 or 125 of TJie Terri- 
 iories Elections Ordinance, provided that such want of quali- 
 fication or acts (as the case may be) have been charged 
 against such candidate in a statement filed tinder the pro- 
 visions of section 12 hereof. 
 
 (2) If the judge does not in such report certify that 
 another candidate is entitled to the seat the election shall be 
 void and set aside and a writ of election shall be issued to fill 
 the vacancy so created. C. O. 4, s. 21. 
 
 23. If the judge at the trial finds that the matters set forth Difimissaiof 
 in the petition are not proved to his satisfaction he shall 
 dismiss the petition. C. O. 4, s. 22. 
 
 WITHDRAWAL OF PETITIOITS. 
 
 33. The petitioner may at any time withdraw his petition withdrawal 
 by filing with the clerk a statement in writing that he so° p^ ' '°" 
 withdraws it and serving the respondent with a notice of such 
 withdrawal; and in such case the judge shall on application 
 
 order the petitioner to pay the respondent's costs of and inci- 
 dental to the petition and the proceedings thereunder. C. 0. 
 4, s. 23. 
 
 34. The respondent may at any time withdraw any state- withdrawal 
 ment filed by him under section 12 hereof by filing with the by^espmdent 
 clerk a statement that he so withdraws it and serving the 
 petitioner with a notice of such withdrawal ; and in such case 
 
 the judge shall on application order the respondent to pay 
 the petitioner's costs of and incidental to such statement. 
 C. O. i, s. 24. 
 
214 CONTROVERTED ELECTIONS 
 
 ADMISSION OE UNDUE ELECTION. 
 
 Admission of 35. Unless the seat is claimed, for a candidate other than 
 fled by the respondent, the respondent may at any time admit that 
 
 election ' he was imduly returned or elected by filing with the clerk a 
 
 declared void ... ,.. il-, i • xi j.- 
 
 statement m writing admitting such fact and serving the peti- 
 tioner with a notice that such statement has been filed ; where- 
 upon the judge shall on application order the respondent to 
 pay to the petitioner his costs of and incidental to the peti- 
 tion; and shall report to the clerk of the Executive Council 
 that the respondent has admitted that he was unduly returned 
 or elected ; whereupon the election shall be void and set aside 
 and a writ of election shall be issued to fill the vacancy so 
 created. C. 0. i, s. 25. 
 
 COSTS. 
 
 dislJreUon of ^^' Except when otherwise provided the costs of the peti- 
 judge f^[Qi^ J^^(J oil matters incidental thereto and arising thereout 
 
 shall be in the discretion of the judge. C. O. 4, s. 36. 
 
 OTdCTc"ststo ^'^- I^ t^6 judge at any time orders costs to be paid by the 
 of security petitioner, he may (when the petition and all matters arising 
 deposited thercout have been finally determined and disposed of) order 
 such costs to be paid out of the moneys deposited by the peti- 
 tioner on filing the petition; but nothing in this section shall 
 be construed as preventing the respondent from proceeding 
 at any time to recover any costs that may have been awarded 
 to him according to the ordinary practice of the court. C. 0. 
 
 APPEAL. 
 
 Appeal to 38. An appeal shall lie to the Supreme Court of the Terri- 
 
 supreme court ... 
 
 enbanc tories sitting en banc from any order or determination of the 
 
 judge; and such appeal shall be had and taken and all pro- 
 ceedings relating thereto shall be had and taken and the 
 Supreme Court en ianc shall deal with such appeal in the 
 same manner as appeals and the proceedings thereunder are 
 had, taken and dealt with under The Judicature Ordinance. 
 C. 0. 4, s. 28. 
 
 Interlocutory 39. Jf g^ch apiDcal is froui an order or determination other 
 
 appeals ^ ^ ^ 
 
 than any finding or determination under sections 21 or 22 
 ■hereof it shall not operate as a stay of proceedings unless so 
 Irooe'edings Ordered by the judge; and the judge may for reasonable cause 
 at any time set aside any stay of proceedings he may so 
 order. C. 0. 4, s. 29. 
 
CONTEOVBETED ELECTIONS 215 
 
 30. If such appeal is from any finding or determination stay of 
 
 ^ ^ ^ o proceedings 
 
 under section 21 hereof the appellant shall (before the expira- ™^^ppeai 
 tion of the fourteen days mentioned in that section) apply ea: Judgment 
 parte to the judge for a stay of proceedings; and the judge 
 on being satisfied that notice of the appeal has been duly 
 given shall make an order staying proceedings and shall not 
 forward his report as provided in section 21 until the appeal 
 is finally determined. 
 
 (2) The other party may apply to the judge at any time Application to 
 before the appeal is lodged with the registrar of the Supreme tor delay 
 Court to have such stay set aside and the appeal quashed 
 
 on the groimd that the appeal is not being prosecuted with 
 sufficient dispatch; and the judge may if satisfied that there 
 has been undue delay in prosecuting such appeal set aside 
 the stay of proceedings and quash the appeal and in that case 
 sh^U forthwith forward his report to the clerk of the Execu- 
 tive Council as provided in section 21. 
 
 (3) ISTo order shall be made as provided in the preceding 
 subsection if at the time of the application the appeal has 
 been lodged with the said registrar. C. O. 4, s. 30. 
 
 31. When any appeal to the Supreme Court en hanc is duly Hearing and 
 
 »j i- i- • J- "^ adjudication 
 
 lodged with the registrar it shall be proceeded and dealt with of appeals 
 according to the practice of such court in appeals in civil 
 causes; and the adjudication and finding of such court on 
 such appeal shall be duly certified by the registrar to the Report to 
 judge appealed' from ; and if the appeal is from any finding ^ouncir^ 
 or determination of the judge under section 21 and such 
 finding or determination is affirmed in whole or in part, the 
 judge shall forthwith forward his report to the clerk of the 
 Executive Council as provided in section 21 and as varied or 
 modified by the order of the court en hanc if so varied or 
 modified. C. O. 4, s. 31. 
 
 BALLOTS NOT TO BE COUNTED. 
 
 33. IS^othing in this Ordinance contained shall be construed ^^"u^^^ '{,*/' 
 to authorise the judge to count or recount the ballots cast atJ^-is^ 
 any election but the count of such ballots and the recount (if 
 any) under The Territories Elections Ordinance shall be 
 considered conclusive. C. O. 4, s. 32. 
 
216 CONTEOVEETED ELECTIOiS'S 
 
 SCHEDULE. 
 
 FORM A. 
 
 In the Supreme Court of the Xorth-^yest Territories. 
 Judicial District of 
 
 Between A.B., Petitioner, 
 and 
 CD., Respondent. 
 
 The petition of A.B.j of (stating petitioner's t-esidence and 
 occupation) sheweth : 
 
 1. An election was held on the day of 
 
 A.D. 1 (state the date of the general polling day) for the 
 Electoral District of (state the name of the electoral district) 
 at which CD. and E.F. were candidates, and the said CD. 
 has been certified to be the person elected at such election. 
 
 2. The petitioner was a duly qualified elector at such elec- 
 tion (or the petitioner was a defeated candidate at such elec- 
 tion). 
 
 3. The petitioner says (state here the facts and grounds 
 on which the petitioner relies). 
 
 Whereforfe the petitioner prays that' it may be declared 
 that the election of the said CD. is void and that it may be 
 set aside and (if the seat is claimed for another candidate) 
 that it may be declared that the said E.F. was duly elected. 
 
 Dated the day of A.D. 1 
 
 A.B. 
 
 FORM B. 
 
 In the Supreme Court of the l^orth-West Territories. 
 Judicial District of 
 
 Between A.B.j Petitioner, 
 and 
 CD., Respondent. 
 
 The above named respondent, CD., says that the seat 
 claimed in the petition herein for the said E.F., ought not to 
 be awarded to him because (here state the grounds and facts 
 on which the respondent relics). 
 
 Dated the day of A.D. 1 
 
 CD. 
 
creditors' relief 217 
 
 COSTS. 
 
 See DISTRESS axd extra judicial seizure. 
 
 JUDICATURE. 
 
 COURTS. 
 
 See SUPREME COURT. 
 
 JUSTICES OE THE PEACE. 
 POLICE MAGISTRATES. 
 
 COURTS OF REVISION. 
 
 See ELECTIONS. 
 
 MUNICIPAL. 
 
 SCHOOL ASSESSMENT. 
 
 Also Substituted Provision. 
 LOCAL IMPROVEJIENT. 
 VILLAGES. 
 
 CORPORATIONS. 
 
 See COMPANIES. 
 :municipal. 
 societies. 
 
 CREDITORS. 
 
 See ASSIGNMENTS FOR CREDITORS. 
 PREFERENTIAL ASSIGNMENTS. 
 CREDITORS^ RELIEF. 
 
 CREDITORS' RELIEF. 
 
 An Ordinance to r.bolish Priority ainone" Execution c.o.isgs 0.26 
 
 „ ,. •' ° 15 March, 1899 
 
 Lreditors. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SI-IORT TITLE. 
 
 1. This Ordinance may be cited as "The Creditors' Belief short \me 
 Ordinance." . C. O. 26, s. 1. 
 
 INTERPRETATION. 
 
 3. In this Ordinance the expression "sheriff" shall include interpretation 
 deputy sheriffs, duly appointed bailiffs, coroners and any 
 other person discharging the duties of sheriff in the particular 
 
218 
 
 CEEDITOES BELIEF 
 
 case or for the time being; the expression "judge" shall mean 
 a judge of the Supreme Court of the ISTorth-West Territories. 
 C. 0. 26, s. 2. 
 
 PEOCEDUEE UNDEE EXECUTIONS. DISPOSITION OF MONEYS 
 
 EEALISED. 
 
 When levy 
 made 
 
 Ratable 
 distribution 
 
 Priorities 3. Subiect to the provisions hereinafter contained there 
 
 abolished •' ^ ■,• ■> j. • j? il, 
 
 shall be no priority among creditors by execution trom tHe 
 Supreme Court of the North- West Territories. 
 
 (a) In case a sheriff levies money upon an execution 
 against the property of a debtor he shall forthwith enter in a 
 book to be kept in his office open to public inspection without 
 Sheriff to give charge a notice stating that such levy has been made and the 
 amount and date thereof and the money levied shall at the 
 expiration of two months from the levy unless otherwise 
 ordered by a judge to be distributed- ratably amongst all execu- 
 tion creditors whose writs were in the sheriff's hands at the 
 time of the levy or who shall have delivered executions to 
 the said sheriff within the said two months or within such 
 further time as may be ordered by a judge subject however 
 to the provision hereinafter contained as to the payment of 
 the costs of the creditor under whose writ the amount was 
 levied : 
 
 Provided that if money is realised by sale of lands for 
 which a certificate of title has been granted under The Land 
 Titles Act 189]). the said period of two months shall be com- 
 puted from the date of confirmation of the sheriff's sale under 
 the said Act. 
 
 (&) The notice shall state the day upon which it was 
 entered and may be in form A given in the schedule hereto. 
 
 (c) M'^here proceedings are taken by the sheriff or other 
 officer for relief under any provisions relating to interpleader 
 those creditors only who are parties thereto and who agree to 
 contribute pro rata (in proportion to the amount of their 
 executions) to the expense of contesting any adverse claim 
 shall be entitled to share in any benefit which may be derived 
 from the contestation of such claim so far as may be neces- 
 sary to satisfy their executions: 
 
 Provided however in case the money is ordered to be paid 
 into court by the sheriff pending the trial of an interpleader 
 issue the entry to be made by the sheriff shall not be made 
 until the said money is again paid out of court to the sheriff 
 for distribution. The court or judge may direct that one 
 creditor shall bear the carriage of the interpleader proceed- 
 ings on behalf of all creditors interested and the costs thereof 
 
 Foriu of notice 
 
 Interpleader 
 proceedings 
 
 Persons 
 entitled fifter 
 
 Sheriffs entry, 
 where money 
 paid into 
 court 
 
 Carriage of 
 interpleader 
 proceedings 
 Costs 
 
CREDITORS RELIEF 219 
 
 as between advocate and client shall be a first charge upon 
 the moneys or goods which may be found by the proceedings 
 to be applicable upon the executions. 
 
 (d) In case the sheriff shall subsequently to the entry o-f Procedure 
 the notice but within the two months levy a further amount ^<'^y ™*^<ie 
 upon the property of the debtor the same shall be dealt with 
 
 as if such amount had been levied prior to the entry of the 
 notice but if after the two months a further amount is levied 
 a new notice shall be entered and the distribution to be made 
 of the amount so levied and of the further amount levied 
 withiu two months of tlie entry of the last mentioned notice 
 shall be governed by the entry thereof in accordance with the 
 foregoing provisions of this section and so on from time to 
 time: 
 
 Provided however that the judge may on application delay 
 any of such distributions or any part thereof to give reason- 
 able time for the obtaining judgment and fix a date for such 
 distributions. 
 
 (e) In case a debtor voluntarily and without any sale by Part of 
 the sheriff pays to the sheriff part of the amount owing in debt paid 
 respect of an execution in the sheriff's hands and there is at ' 
 
 the time no other execution in the sheriff's hands the sheriff 
 is to apply the same on the execution so in his hands and sub- 
 sections (a) (h) (c) and {d) of this section shall not apply 
 to the money so received by the sheriff. 
 
 (f) In the distribution of moneys under this Ordinance Proceeds of 
 
 T, 11 .. '.. T TT land available 
 
 creditors who have executions against goods or lands or under 
 against goods only or lands only shall be entitled to share rat-goods, etc. 
 ably with all others any moneys realised under execution 
 either against goods or lands or against both. C. O. 26, s. 3. 
 
 4. When the amount levied bv the sheriff is not sufficient to costs made 
 
 . , , . , " • !• m ii in preference 
 
 pay the execution debts with costs m luii tne moneys snali 
 be applied to the payment ratably of such debts and costs 
 after retaining the sheriff's fees and after payment in full 
 of the taxed costs and costs of execution and extra costs of 
 seizure and sale incurred by the creditor at whose instance 
 and under whose execution the seizure and levy were made. 
 C. 0. 26, s. 4. 
 
 5. Moneys realised by the sheriff as the result of attachment Attacimient 
 
 ■' "^ .1 1 T 1 1 • proceedings 
 
 of personal property shall be distributable under the provi- 
 sions of this Ordinance. C. O. 26, s. 5. 
 
 6. ISTo creditor shall be entitled to share in the distribution Execution 
 
 ,, , . T 1 J.1 creditors alone 
 
 of money levied from the property oi a debtor unless by the to share 
 
220 
 
 CEEDITOES RELIEF 
 
 delivery of a writ of execution he has established a claim 
 against the debtor either alone or jointly with some other 
 creditor or creditors. C. 0. 26, s. 6. 
 
 Full amount 
 of execution 
 paid without 
 sale 
 
 Procedure 
 where writ 
 stayed 
 
 T. In case the debtor without any sale by the sheriff pays 
 the full amount owing in respect of the executions in the 
 sheriff's hands at the time of such payment and no other 
 execution has been placed in his hands or in case all execu- 
 tions in the sheriff's hands are withdra-nTi no notice shall be 
 entered as required by section 3 of this Ordinance and no 
 further proceedings shall be taken under this Ordinance 
 against the debtor by virtue of the executions having been in 
 the sheriff's hands. 
 
 (2) Save as aforesaid after an execution has been filed 
 with the sheriff the withdrawal or expiry of the writ upon 
 which the proceedings are founded or any stay upon the writ 
 or the satisfaction of the plaintiff's claim thereon or the 
 setting aside or return of the writ shall not affect the pro- 
 ceedings to be taken under this Ordinance and except so far 
 as the action taken in regard to the writ may affect the 
 amount to be levied the sheriff shall proceed and levy upon 
 the goods or lands of the debtor or both as he would have 
 proceeded had the writ or writs remained in his hands in 
 full force to be executed and may also take the like proceed- 
 ings as he would have been entitled to take had the writ been 
 a writ of venditioni exponas. C. O. 26, s. 7. 
 
 Fund in court 
 belonging to 
 execution 
 debtor 
 
 8. Where there is in any court a fund belonging to an execu- 
 tion debtor and to which he is entitled the same or a sufficient 
 part thereof to pay the executions in the sheriff's hands may 
 on application of the sheriff or any party interested be paid 
 over to the sheriff and the same shall be deemed to be money 
 levied under execution within the meaning of this Ordinance. 
 C. 0. 26, s. S. 
 
 °ufflcfinraii ^' '^^^ Seizure by the sheriff of the g-<3ods and lands of the 
 lhl?iJig°"'^ debtor shall -be deemed suificient and shall be deemed a seizure 
 on behalf of all creditors sharing under such seizure as here- 
 inbefore provided. C. O. 26, s. 9. 
 
 Sheriff 10. "Where money is to be distributed under this Ordinance 
 
 entitled to i -.a- i n i ■ i i 
 
 ^'Ifilda e oni sheriff shall not be entitled to poundage as upon separate 
 
 writs but only upon the net proceeds of the estate distributed 
 by him and at the same rate as if the whole amount had been 
 payable under one writ. C. O. 26, s. 10. 
 
CEEDITOES' llELIEF 221 
 
 11. When monej' is made upon a writ the same shall be Sheriffs 
 taken for the purposes of the sheriff's return and otherwise to levy 
 be made upon all the Avrits entitled to the benefits thereof and 
 the sheriff shall upon payment being made to the person 
 entitled \;pon such writ indorse thereon a memorandum of 
 the amount so paid biit he shall not, except on the request of 
 the party issuing the writ or by direction of the court out of 
 which the same issued or of a judge of such court, return the 
 writ until the same has been fully satisfied or unless the same 
 has expired by effluxion of time in which case the sheriff shall 
 make a formal return of the amount paid thereon. 
 
 (2) The like proceedings may be taken to compel payment Compelling 
 by the sheriff of money payable in respect of an execution or sheriff 
 other claim as can now be had to compel the return by the 
 sheriff of a writ of execution. 0. 0. 26, s. 11. 
 
 12. The sheriff shall pending the distribution of monevs sheriff to keep 
 
 , , , *■. statement or 
 
 levied keep in the said book mentioned in section 3 of this particulars 
 Ordinance a statement according to form B in the schedule 
 hereto showing in respect of any debtor on whose property 
 money has been levied the following particulars: 
 
 (a) The amoimts levied and the dates of levy; 
 
 (b) Each execution in his hands at the time of entering 
 the notice form A required by section 3 hereof or 
 subsequently received during the month, the amount 
 thereof for debt and costs and the date of receipt 
 and such statement shall be amended from time to 
 time as an additional amount is levied or a new 
 execution is received. C. 0. 26^ s. 12. 
 
 13. Where the money levied is insufficient to pay all claims ^"Ifg^ributfon 
 in full and the sheriff is bona fide in doubt as to how the pro- scheme 
 ceeds should be distributed or where any contest arises among • 
 
 the creditors as to the distribution of the proceeds among c^ontestation 
 them or any other real difficulty arises as to such distribution 
 the sheriff shall prepare a statement of the proceeds in his 
 hands for distribution and the executions in his hands and the 
 amount thereof and such other particulars as may be neces- 
 sary to explain the contest or difficulty, to be verified by 
 affidavit, and thereupon shall apply to a judge in chambers 
 for a summons calling upon all parties interested to attend 
 before the judge in chambers to settle a scheme of distribution 
 and such summons shall be made returnable at such time and 
 shall be served on such persons and in such manner and time 
 as the judge may direct. 
 
222 CEEDITOES' BELIEF 
 
 (2) The judge may determine any questions in dispute in 
 a summary manner or may direct an issue or action for the 
 trial thereof and may make such order as to costs of all pro- 
 ceedings as may be just. 
 
 (3) In case several creditors are interested in a contesta- 
 tion the judge shall give such directions for saving the 
 expense of an unnecessary number of parties and trials or of 
 unnecessary proceedings as may be proper and shall direct by 
 whonq. and in what proportions costs incurred shall be paid 
 and may make such costs a iirst charge on the moneys levied 
 or otherwise direct that they shall be paid out of the said 
 moneys or out of the share or shares of any one or more of 
 the creditors interested in the same or by any party to such 
 contestation. C. O. 26, s. 13. 
 
 Sheriff to give 14. The sheriff shall at all times, without fee, answer any 
 
 information ^ ^ -.i . '' 
 
 reasonable question which he may be asked orally m respect 
 to the estate of the debtor by a creditor or any one acting on 
 behalf of a creditor and shall facilitate the obtaining by him 
 of full information as to the value of the estate and the pro- 
 bable dividend to be realised therefrom in his district or any 
 other information in connection with the estate which the 
 creditor may reasonably desire to obtain. C; 0. 26, s. 14 . 
 
 Undisposabie 15. In case a sheriff has money in his hands which by 
 
 money to be . ^ ^ ' , ^ . ' 
 
 placed in bank reason of the provisions of this Ordinance or otherwise he can- 
 not immediately pay over to the execution creditors he shall 
 deposit the money in some incorporated bank designated for 
 this purpose from time to time by order of the judge or where 
 no such order is made then in some incorporated bank in 
 which the public money of the judicial district is then being 
 deposited and such deposit shall be made in the name of the 
 sheriff in trust. C. 0. 26, s. 15. 
 
 Trreguiarities 16. ISTo proceeding luider this Ordinance shall be void for 
 
 not to void ^ ^ 
 
 preceding any defect of form and the rules for amending or otherwise' 
 curing irregularities or defects which may from time to time 
 be in force in the Supreme Court of the ISTorth-West Terri- 
 tories shall apply to this Ordinance and any proceedings 
 wrongfully taken imder this Ordinance may be set aside by 
 the judge with or without costs as he may think fit. C. 0. 26, 
 s. 16. 
 
 When 17. The provisions of this Ordinance shall not apply to the 
 
 Ordinance t i. ■ i i u 
 
 inapplicable procccds ofany seizure allowed under section 4 of chapter 2l 
 of TJie Consolidated Ordinances. C. O. 26, s. 17. 
 
CKEDITOES^ BELIEF 223 
 
 18. All persons in the employment of an execution debtor Employees to 
 at the time of the notice mentioned in subsection (a) of of ciafm""^' ^ 
 section 3 of this Ordinance or within one month before such 
 notice, who shall become entitled to share in the distribution 
 of money levied out of the property of a debtor, shall be 
 entitled to be paid out of such money the wages or salary due 
 to them by such judgment debtor, not exceeding one month's 
 wages or salary, in priority to the claims of the other credi- 
 tors of the execution debtor and shall be entitled to share pro 
 rata with such other creditors as to the residue, if any, of 
 their claim. C. O. 26, s. 18. 
 
 SCHEDULE. 
 FORM A. 
 
 ShERIFF^S ISTOTICE. 
 
 iN'otice is hereby given that I have by virtue of certain 
 executions delivered to me against the goods and chattels (or 
 lands) of CD., levied and made out of the property of the 
 said CD. the sum of $ 
 
 And notice is further given that this notice is first entered 
 in my office on the day of 1 , and that 
 
 unless otherwise ordered distribution of the said money will 
 be made amongst the creditors of the said CD. entitled to 
 share therein at the expiration of two months from the 
 day of 1 
 
 T.G. 
 Sheriff. 
 
 Dated, etc. 
 
224 
 
 CREDITOES BELIEF 
 
 m 
 
 P5 
 o 
 
 
 p 
 
 o 
 
 M 
 
 O 
 >< 
 
 fa 
 o 
 
 B 
 J? 
 
 r^ 
 
 CO 
 
 fa 
 
 fa 
 
 M 
 
 H 
 
 > 
 
 CD 
 1-1 
 
 o 
 
 Q 
 
 '> 
 
 ^^ 
 +^ 
 S 
 
 
 
 o 
 
 s 
 
 ft 
 
 Q 
 
 CO 
 
 o 
 
 o 
 
 
 Gti 
 
 ■^a 
 
 t3 
 
 o 
 
 o 
 
 ID 
 
 . m 
 IS 
 
 O 
 
 
 4J 
 03 
 
 
 c 
 
 
 
 
 c3 
 
 
 bo 
 
 
 c3 
 
 
 0) 
 
 
 T3 
 
 CO 
 
 CO 3 
 
 Oi 
 
 00 ^ 
 
 no 
 
 1— 1 
 
 ^ boo 
 
 
 ^:af^ 
 
 s 
 
 s^ 
 
 1—1 
 
 cot^ 
 
 o o 
 
 o o 
 
 o o 
 
 o o 
 
 LO C<1 
 
 €/5- se- 
 
 CO CO 
 00 00 
 
 is ^ 
 00 o 
 
 T— I CO 
 
 o o 
 
 o o 
 
 o o 
 
 CO OJ 
 
 €«- ee- 
 
 '^ o 
 
 o o 
 
 bi ^ 
 
 fa 
 
 fa 
 
 Q 
 
 p 
 
 O 
 
 do 
 
 > 
 
 d § 
 
 <i 
 
 fa 
 
DAIRY ASSOCIATIONS 225 
 
 DAIRY ASSOCIATIONS. 
 
 An Ordinance respecting the Manufacture of Butter ^o. i898,o. 66 
 
 1 /-M 16 March, 1899 
 
 and Cneese. 
 
 T 
 
 HE Lieutenant Governor by and with tlie advice and 
 consent of tiie Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as "The Dairymen' sShortuae 
 Ordinance." C. O. 65, s. 1. 
 
 PAKT I. 
 
 ASSOCIATIONS FOR MANUFACTURE OF BUTTER AND CHEESE. 
 
 3. Any five or more persons who desire to associate them- Mode of 
 selves together for the purpose of manufacturing butter q^. '"<'°'^p°™«°" 
 cheese or providing cold storage for the safe keeping therein 
 of any farm product may make, sign and acknowledge before 
 any person empowered to administer oaths or affidavits to be 
 used in the Supreme Court of the Territories and file in the 
 office of the Territorial secretary a declaration in writing in 
 form A in the schedule hereto or to the same effect and such 
 declaration shall state the name of one of the persons signing 
 the same as having been appointed provisional secretary of 
 the association. C. O. 65, s. 2. 
 
 3. !N"o association under this part shall be incorporated Restriction as 
 
 1 • • 1 • T • 1 1 1 1 • 1 . . to name of 
 
 under a name identical with that by which any other existing company 
 association has been registered or so nearly resembling such 
 • name as to be likely to deceive the public. 0. O. 65, s. 3. 
 
 4. Any declaration so to be filed shall designate any one orPiaoeaof 
 more places in the Territories where business is to be carried be stated 
 on. C. O. 65, s. 4. 
 
 5. Upon the filing of the declaration the members of the corporate 
 
 TJOwsrs 
 
 association shall become a body corporate by the name therein 
 
 described with power to purchase, hold, pledge or mortgage 
 
 such lands as are required for the convenient management of 
 
 their business with full power to do all necessary acts and 
 
 enter into all necessary contracts for the purpose of managing 
 
 and condu'cting their said business but no such declaration 
 
 shall be filed unless shares to the extent of $1,000 have been f„\if ^' W""" 
 
 subscribed by the persons , signing such declaration and subscribe 
 
 10a 
 
226 
 
 DAIKT ASSOCIATIONS 
 
 evidence of such subscription shall be filed with such declara- 
 tion by statutory declaration of the provisional secretary in 
 form B in the schedule hereto showing what amounts have 
 been taken by the subscribers respectively and what amounts 
 have been paid on account of their respective subscriptions 
 and whether in cash or otherwise. C. 0. 65, s. 5. 
 
 <'ertificate 
 of filing 
 declaration 
 
 6. The Territorial secretary shall indorse on a copy of the 
 said declaration if sent or delivered to him for that purpose 
 a certificate of the original having been filed in his office with 
 the date of filing and every such declaration with such certifi- 
 cate signed by the Territorial secretary shall be prima facie 
 evidence of the facts stated therein and of the incorporation 
 of the association. C. O. 65, s. 6. 
 
 Rules of 
 association 
 
 7. Within one month after the filing of such declaration as 
 aforesaid a meeting of the members of the association shaU be 
 called by notice to be mailed or delivered to each member by 
 the provisional secretary at least ten days before the day of 
 meeting and at such meeting or at any adjournment thereof 
 the members of the association shall agree upon and frame a 
 set of rules for the regulation and management of the asso- 
 ciation which may declare and provide among other things: 
 
 1. The amount of the whole capital stock of the company 
 if it is to be limited and the amount of each share; 
 
 2. The highest number of shares which may be allotted to 
 any one person; 
 
 3. The mode and terms of payment of shares and the man- 
 ner of making calls thereon and the mode and conditions of 
 the transfer of the shares ; 
 
 4. The conditions on which new members may be 
 admitted ; 
 
 5. A mode of convening general and special meetings; 
 
 6. Provision for audit of accounts ; 
 
 7. The appointment of directors and other officers and 
 their respective duties and a provision for filling vacancies 
 caused by death, resignation or other causes and a copy of aU 
 such rules signed by the secretary, shall forthwith be filed in 
 the office of the Territorial secretary with a statutory declara- 
 tion by the secretary that the same is a true copy of the 
 rules adopted and such rules shall not take effect until filed 
 as aforesaid, and they shall be framed and filed before the 
 association shall carry on any operations. C. O. 65, s. 7. 
 
DAIRY ASSOCIATIONS 
 
 227 
 
 8. All rules made by any association formed under this ^meD<im«nt 
 
 , of rules 
 
 part may be repealed, altered or amended or new rules may 
 be made at a regular meeting called for that purpose: 
 
 Provided no new or amended rules shall have any force or 
 effect until a copy verified by statutory declaration of the 
 president or other head officer or of the secretary of the asso- 
 ciation to be a true copy of such new or amended rules passed 
 by the association at a meeting specially called as aforesaid 
 has been filed in the office of the Territorial secretary. 0. O. 
 G5, s. 8. 
 
 9. The association shall cause a book to be kept by the Books 
 secretary or by some other officer especially charged with 
 that duty wherein shall be kept a duplicate of the said 
 declaration mentioned in section 2 hereof and of all rules filed 
 
 as aforesaid in the office of the Territorial secretary and all 
 members of the association shall sign the said declaration in 
 the said book. C. O. 65, s. 9. 
 
 10. Any person desiring to become a member of or a stock- Members 
 holder in any such association after incorporation as afore- 
 said may subject to the provisions of the said rules sign the 
 
 said declaration in the said book and shall thereupon become 
 such member and shall be entitled to the rights and privileges 
 thereof and shall become liable as such member as fully as 
 though he had signed the declaration prior to the incorpora- 
 tion of the association. C. O. 65, s. 10. 
 
 11. The rules of every association incorporated under this Rules to bind 
 part of this Ordinance shall bind the association and members ™^™ '"'' 
 thereof; and all moneys payable by any member to the Members' 
 association in pursuance of the said rules shall be deemed to be association 
 
 a debt due from such member to the association. C. O. 65, 
 s. 11. 
 
 13. The capital of the association shall be in shares of capital stock 
 such denomination as mentioned in the rules. C. O. 65, s. 12. 
 
 13. All elections at meetings of shareholders shall be T^JModerf 
 ballot and each member shall have one vote for each share 
 
 held by him in respect of which he is not in default for any 
 calls made thereon. C. O. 65, s. 13. 
 
 14. Anv disnute between members or between members Disputes may 
 
 •' ^ ,,.,1 1,1- J. „be decided by 
 
 and any association established under this part, or any person arbitration 
 claiming through or under a member or under the rules of 
 such association, and the directors, treasurer or other officers 
 
228 
 
 DAIET ASSOCIATIONS 
 
 thereof relating to matters coming within the business of the 
 association may be decided by arbitration in maimer directed 
 by the rules of the association, and the decision so made shall 
 be binding and conclusive on all parties without appeal. 
 C. 0. 65, s. 14. 
 
 Liability of 
 shareholders 
 
 15. The liability of the shareholders shall be limited, that 
 is to say, no shareholder in such association shall be in any 
 manner liable for or charged with the payment of any debt 
 or demand due by the association beyond the amount unpaid 
 in respect of his share or shares subscribed for and any 
 shareholder having fully paid up the amount of his said 
 share or shares shall be absolved from all .further liability. 
 C. 0. 65, s. 15. 
 
 Annual return 
 
 16. Every association formed under this part shall, not 
 later than the thirty-first day of January in each year, make 
 a return to the Territorial secretary of its affairs during the 
 year ending the thirty-first day of December preceding. 
 0. 0. 65, s. 16. 
 
 violation of 
 contract to 
 supply milk 
 
 17. Any person who wilfully violates a contract to supply 
 milk to an association formed under this part may on sum- 
 mary conviction thereof before a justice of the peace be 
 ordered to pay to such association by way of penalty a sum 
 not exceeding $25 together with costs of prosecution. C. 0. 
 65, s. 17. 
 
 reaieltMe°" ^^* -^^7 association formed under this part shall have 
 power to execute a mortgage upon any real estate purchased 
 or agreed to be purchased by it for the purpose of securing 
 the payment of the whole or a portion of the purchase money 
 of such real estate or for the purpose of raising money for' 
 the purposes of their business and to covenant for the repay- 
 ment of the said mortgage money and interest or for the 
 purpose of securing payment of any bonds issued or to be 
 issued and generally to make such provisions binding on the 
 association as are usually contained in mortgages. C. 0. 
 65, s. 18. 
 
 How executed ^Q^ rpj^^ ^^^^ mortgage may be executed in accordance 
 with any of the rules passed for the regulation and manage- 
 ment of the association in that behalf and upon being so 
 executed shall be a valid security of the said association. C. 0. 
 65, s. 19. 
 
DAIRY ASSOCIATIONS 229 
 
 20. Any such association shall have power to borrow Borrowing 
 
 " ^ powers 
 
 money lor the purpose of its business and to issue bonds or 
 debentures for the repayment of the same with interest and 
 such bonds or debentures without registration shall be a 
 binding security and charge upon all the real and personal 
 estate of the association including called or uncalled capital 
 and such bonds may be issued in accordance with the rules of 
 the said association and shall be payable at such time or times 
 as may be therein expressed and may be mortgaged, sold or 
 hypothecated by the said association in accordance with any 
 provisions in that behalf included in the said rules but such 
 bonds shall not be issued until the same shall have been 
 approved by the Lieutenant Governor in Council and a notice 
 of the intended issue of the same in writing shall have been 
 deposited in the office of the territorial secretary. C. O. 65, 
 6. 20. 
 
 PAET 11. 
 
 DAIRYMEN S ASSOCIATION. 
 
 31. The association formed under the provisions of Ordin- Continuatiou 
 ance Ko. 15 of 1891-1892 intituled: "An Ordinance ^o Dairymen's 
 
 . Association 
 
 authorise the formation of an association under the name of 
 The Dairymen's Association of the North-West Territories," 
 having for its object to encourage the improvement in the 
 manufacture of butter and cheese and all things connected 
 therewith, is hereby continued as a body politic and corporate 
 and may possess real estate to the value of $10,000. C. 0. 
 65, s. 21. 
 
 33. Such association shall be composed of at least twenty- Number of 
 
 m mGiUDGrs 
 
 five persons and every member thereof shall pay annually a Fees 
 sum not less than $1 to the funds of the association and any 
 person hereafter becoming a member shall sign a declaration Declaration 
 in form C in the schedule hereto, which declaration shall be 
 written and signed in the book kept by the association for the 
 purpose of entering therein the minutes of their proceedings. 
 C. 0. 65, s. 22. 
 
 33. Such association shall have power and authority _ to Gove^ment^ 
 make bylaws, to prescribe the mode or manner of admission 
 of new members, to regulate the election of its officers and 
 generally the administration of its affairs and property. 
 C. 0. 65, s. 23. 
 
230 DAIRY ASSOCIATIONS 
 
 Annual 34. The officers and directors of suck association shall 
 
 prepare and present at its annual meeting a detailed report 
 of their operations during the past year indicating the names 
 of all the members of the association, the amount subscribed 
 and paid by each, the names of the factories, creameries, 
 inventions, improvements and products which deserve public 
 notice, and giving all the information which they deem useful 
 to the interests of the dairy industry, and a copy of the said 
 report shall be sent to the territorial secretary. C. 0. 65, 
 s. 24. 
 
 SCHEDULE. 
 
 FOKM A. 
 
 jSForth-West Territories 
 To Wit: 
 
 We do 
 
 hereby certify that we desire to form a company or associa- 
 tion, pursuant to the provisions of part 1 of The Dairymen's 
 Ordinance. 
 
 The corporate name of the association is to be 
 
 and the objects for which the 
 association is to be formed are 
 
 The capital stock of the association is to consist of shares of 
 
 dollars each, and the number of shares shall be 
 
 (or limited only as may be provided by the 
 
 rules of the association). has been appointed 
 
 provisional secretary of the said association, and his post ofGice 
 
 address is 
 
 And the name of the place (or places) where the operations 
 of the said association are to be carried on is (or are) 
 Dated this day of A.D. 1 
 
 (names of persons signing declaration.) 
 On the day of A.D. 1 
 
 before me personally appeared 
 
 to me known to be the individuals described in the foregoing 
 declaration and they severally before me signed the said 
 declaration and acknowledged that they signed the same for 
 the purposes therein mentioned. 
 
 A.B. 
 Signature of officer before whom declaration made. 
 
DAIRY ASSOCIATIONS 
 
 231 
 
 FOEM B. 
 
 I, the provisional secretary of the butter 
 
 and cheese manufacturing association mentioned in the 
 accompanying declaration signed before Esquire, 
 
 (style of officer), and dated the day 
 
 of A.D. 1 J do solemnly declare that the 
 
 subscribers to such declaration have respectively subscribed 
 to the said association the amount set opposite to their respec- 
 tive names in the second column of the statement hereinafter 
 written and each subscriber has paid on account of his sub- 
 dcription the amount set opposite to his name in the third 
 column of such statement and each such subscription has 
 been paid in cash or othervfise as stated in the fourth column 
 of such statement. 
 
 Statement Kefeeebd to Above. 
 
 Column 1. 
 Name of Subscriber. 
 
 Column 2. 
 
 Amount 
 
 Subs'ib'd. 
 
 Column 3. 
 
 Amount 
 
 Paid. 
 
 Column 4. 
 How Paid. 
 
 A. B. 
 C. D. 
 E. F. 
 G. H. 
 
 $2 00 
 2 00 
 1 00 
 1 00 
 
 $2 00 
 1 00 
 1 00 
 1 00 
 
 Cash. 
 Cash. 
 Lumber. 
 Hauling material: 
 
 And I make this solemn declaration conscientiously believ- 
 ing it to be true and knowing that it is of the same force and 
 effect as if made under oath and by virtue of The Canada 
 Evidence Act 189S. 
 Declared before me at 
 
 in the North-West Territories, 
 
 this day of 
 
 A.D. 1 
 
 I.J., 
 
 O.E. 
 
 Provisional Secretary. 
 
 Signature of officer before whom declaration made. 
 
 FOKM C. 
 
 We the undersigned agree to become members of "The 
 Dairymen's Association of the North-West Territories" and 
 we hereby severally agree to pay to the treasurer yearly while 
 we continue members of the association the sums set opposite 
 
232 
 
 DEKTISTET 
 
 to our respective names hereunder. We further agree to 
 conform to the rules and bylaws of the said association. 
 
 Name. 
 
 Sec.,Tp., Rg. 
 
 P.O. Address. 
 
 Am't Subscribed 
 
 DEATH OR INJURY COMPENSATION. 
 
 See ACCIDENTS. 
 
 compensation- to families, 
 woekmen's compensation. 
 
 DEATH REGISTRATION. 
 
 See vital statistics. 
 
 1903, Sess. 2, 
 c 16 
 
 Short title 
 
 DENTISTRY. 
 
 An Ordinance respecting Dentistry. 
 
 {^Assented to November 21, 1903.] 
 
 THE 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 Dental Profes- 
 sion Ordinance." 1903, Sess. 2, c. 16, s. 1. 
 
 inteepeetation. 
 
 Interpretation g. j^ ^j^jg Ordinance unless the context otherwise 
 requires : 
 
 The word "college" shall mean "The College of Dental 
 Surgeons of the IsTorth-West Territories" incorporated by this 
 Ordinance ; 
 
 The word "council" shall mean the "council" of the said 
 college provided for by this Ordinance ; 
 
DEKTISTEY 233 
 
 The word "secretary" shall mean the secretary of the said 
 council ; 
 
 The words "legally qualified," "dental practitioner" or "duly 
 qualified dental practitioner" or any other words implying 
 legal recognition of any person as a dental practitioner or 
 member of the dental profession shall mean a person registered 
 under the provisions of this Ordinance. 1903, Sess. 2,, c. IS, 
 s. 2. 
 
 COLLEGE OF DENTAL SURGEONS. 
 
 s 
 constituted 
 
 3. The members of The Dental Association of the l^orth- Co^\'=^^e of 
 West Territories as constituted by The Dentistry OrcZmance ™Jj|®?j^ 
 being chapter 53 of The Consolidated Ordinances 1898 and all 
 persons registered as members as hereinafter provided are 
 hereby constituted a body corporate under the name of "The 
 College of Dental Surgeons of the IS^orth-West Territories" 
 
 and shall be deemed a body politic and corporate and shall 
 have perpetual succession and a common seal with power to • 
 sue or be sued and to acquire, hold or dispose of chattel 
 property and real estate for the purpose of this Ordinance. 
 1903, Sess. 2, c. 16, s. 3. 
 
 COUNCIL OF COLLEGE ELECTION OF StEMBEES. 
 
 4. There shall be a council of the said college to be^™""' 
 appointed in the manner hereinafter provided and hereinafter 
 referred to as the council. 1903, Sess. 2, c. 16, s. 4. 
 
 5. The persons entitled to vote at elections of members of voters** 
 the council shall be persons registered as dental practitioners 
 
 in pursuance, of this Ordinance. 1903, Sess. 2, c. 16, s. 5. 
 
 6. ISTo person shall be eligible to be elected as a member oi'^^^^^"^ 
 the council unless he is registered in pursuance of this 
 Ordinance. 1903, Sess. 2, c. 16, s. 6. 
 
 T. The council shall consist of five members to be elected as^'"^* °'^™ '^''^ 
 hereinafter provided. 1903, Sess. 2, c. 16, s. 7. 
 
 8. The charge and conduct of the election for members of elections" 
 the council shall be under the management of the secretary of 
 
 the council and the time and place of such election shall be 
 determined by the council so that however there shall be an 
 election in every odd numbered year. 1903, Sess. 2, c. 16, s. 8. 
 
 9. Every person entitled to vote may vote for five members "^o'es. 
 and in case of any person placing more than five names on his 
 voting paper the first five only shall be counted. 1903, Sess. 
 
 2, c. 16, s. 9. 
 
234 
 
 DENTISTEY 
 
 Method of 
 voting 
 
 Scrutineers 
 
 10. Such votes shall be given by closed voting paper in the 
 . form A in the schedule to this Ordinance signed by the 
 
 voter and delivered to the secretary on the day of election or 
 within the tv?enty days preceding it. Any voting paper 
 received by the secretary by post shall be deemed to be deliv- 
 ered to him. 1903, Sess. 2, c. 16, s. 10. 
 
 11. The council shall appoint two persons who vsdth the 
 secretary shall act as scrutineers at the election. On the day 
 succeeding the day of election the secrteary shall in the pres- 
 ence of the other two scrutineers proceed to open the voting 
 papers and count the votes and record the same in a book of 
 record to be provided by the coimcil. 1903, Sess. 2, c. 16, s. 11. 
 
 Jrelln't""'''^^ 13. Any person entitled to vote at an election shall be 
 entitled to be present at the opening and counting of the 
 voting papers. 1903, Sess. 2, c. 16, s. 12. 
 
 Term 
 
 Equaiity of 
 votes 
 
 Eligibility- 
 
 List to be 
 made out 
 
 13. The five persons who have the highest number of votes 
 shall be the members of the council for the two years from the 
 first day of January next after the date of the election or until 
 their successors are elected. 1903, Sess. 2, c. 16, s. 13. 
 
 14. In case of an equality of votes between two or more 
 persons the scrutineers shall forthwith put into a ballot box a 
 niunber of papers equal to the number of candidates who have 
 an equality of votes the said papers each having the name of 
 one of such candidates written thereon being one paper for 
 each such candidate. The said papers shall be folded so that 
 the name of the candidate shall be on the inside and not 
 distinguishable without the paper being opened. The papers 
 shall be mixed in the ballot box in the presence of the other 
 two scrutineers and the secretary shall draw by chance from 
 such ballot box in the presence of the other two scrutineers 
 one or more papers sufficient to make up the required number 
 of persons and the persons whose names are so dra-svn shall be 
 deemed to be elected members of the council. 1903, Sess. 2, 
 c. 16, s. 14. 
 
 15. ISFo person shall be entitled to vote at such elections 
 after the first election unless his fees to the council are paid. 
 'No person shall be eligible unless qualified to vote at such 
 election and the votes cast for any person who is ineligible to 
 vote shall be null and void. 1903, Sess. 2, c. 16, s. 15. 
 
 16. The secretary shall one month previous to the day on 
 which the election is to be held make out an alphabetical list 
 
DENTISTRY 235 
 
 of the registered practitioners entitled to vote and forward by 
 jnail prepaid a copy of the said list together with a copy of 
 the voting paper in form A in the schedule hereto to each 
 registered practitioner. 
 
 (2) In case any registered practitioner complains to the 
 secretary in writing of the improper insertion or omission of 
 any name in the said list it shall be the duty of the secretary 
 to examine into the said complaint and - rectify the error if 
 there be any ; and in case the party complaining is dissatisfied 
 with the decision of the secretary he may appeal to a judge of 
 the supreme court provided such appeal is made within ten 
 days before the day on which the election is to be held; 
 and such judge shall hear and decide such appeal in a siunmary 
 way and such notice as the said judge shall direct shall be 
 given to the persons specified in the notice before the said 
 hearing and if he deem necessary evidence may be taken by 
 him viva voce under oath or by afiidavit according as he shall 
 direct and the decision of such judge shall be final. 1903, 
 Sess. 2, c. 16, s. 16. 
 
 17. The list so made out by the secreatry with any amend- voters Uat 
 ments that may be made thereto by a judge of the supreme 
 
 court as aforesaid provided shall be held to be the register of 
 the persons entitled to vote and no person shall be entitled to 
 vote whose name is not on such register or list. 1903, Sess. 2, 
 c. 16, s. 17. 
 
 18. The members of the council may make such regulations Election 
 as they consider expedient not inconsistent with this Ordinance 
 
 for regulating the procedure in such elections. 1903, Sess. 2, 
 c. 16, s. 18. 
 
 19. The voting papers belonging to any election shall not J^°^f^ papers 
 be destroyed until after petitions in respect to such election preserved 
 have been decided but the same together with all other papers 
 
 in connection with such election shall be retained by the 
 secretary for three months after such election. 1903, Sess. 2, 
 c. 16, s. 19. 
 
 30. No petition against the return of any member shall be ^ispji^ted 
 entertained by the council unless such petition is filed with the 
 secretary within sixty days after such election and unless a. 
 copy of such petition is served on the member whose election 
 is disputed within sixty days after such election. 1903, Sess. 
 2, c. 16, s. 20. 
 
236 
 
 DENTISTET 
 
 Inqiiiry into 
 
 disputed 
 
 election 
 
 31. Upon receipt of any such petition against the election 
 of any member by the secretary he shall upon proof that notice 
 as aforesaid has been served on the member whose election is 
 disputed forthwith notify the council and the council shall 
 meet within one week after said notice and the council shall 
 hold an inquiry into the said disputed election and shall decide 
 the same and their decision shall be final. If the election is 
 found to be illegal the council shall thereupon order a new 
 election. 1903, Sess. 2, c. 16, s. 21. 
 
 Vacancies in 
 council, how 
 supplied 
 
 33. In case of the failure to elect the requisite number of 
 duly qualified members of the council or in case of the death 
 or resignation of any of the members or in case of a vacancy 
 by any other cause then it shall be the duty of the remaining 
 members of the coimcil to supply the deficiency by appointing 
 to such vacant place or places as may thus occur any person 
 duly qualified under this Ordinance to become a member. 
 1903. Sess. 2, c. 16, s. 22. 
 
 TKESIDENT AND OFFICEES. MEETINGS OF COUNCII,. 
 
 Officer 33. The council shall from among its members '^...■nually 
 
 appoint a president, vice president and secretary treasv.rer and 
 such other officers as may from time to time be deemed neces- 
 sary for the carrying out of this Ordinance who shall hold 
 office for the term of the council and until their successors are 
 appointed and the council may by bylaw affix the salaries of 
 such officers and of the board of examiners hereinafter 
 appointed. 1903, Sess. 2, c. 16, s. 23. 
 
 Executive 34. The council shall annually appoint from among its 
 
 members an executive committee who shall take cognisance of 
 any action upon all such matters as shall be delegated to it by 
 the council or as shall require immediate attention between 
 the adjournment of the council and its next meeting but the 
 said committee shall have no power to alter, repeal or suspend 
 any bylaw of the council. 1903, Sess. 2, c. 16, s. 24. 
 
 Meetings 35. ^he council shall make rules and regulations as to the 
 
 time and place of future meetings of the council and of the 
 manner of summoning the same which rules and regulations 
 shall remain in force until altered at any subsequent meeting 
 and in the absence of any such rule or regulation it shall be 
 lawful for the president or in the event of his death the 
 secretary to summon the council at such time and place as to 
 him shall seem fit. 
 
DENTISTEY 237 
 
 (2) In the event of the absence of the president the vice procedure 
 president or in the event of his absence any member of the 
 council chosen from among the members of the council may 
 
 act as president. 
 
 (3) All acts of the council shall be decided by the majority 
 of the members present three members being required to form 
 a quorum. 
 
 (4) The president or acting president shall at all times have 
 a vote in the council. 1903, Sess. 2, c. 16, s. 25. 
 
 26. There shall be paid to the members of the council such Fees to 
 fees for attendances and such reasonable travelling expenses as rflfJuncu 
 shall from time to time be fixed by the council. 1903, Sess. 2, 
 c. 16, s. 26. 
 
 EEGISTEATION. 
 
 37. The council shall cause to be kept by the secretary a Register 
 book or register in vs^hich he shall enter the name of every 
 dental practitioner vcho is entitled to be registered under the 
 provisions of this Ordinance and from time to time the names 
 
 of all persons vyho comply with the said provisions and those 
 persons only whose names are inscribed in such book or 
 register shall be deemed to be qualified to practise dentistry or 
 dental surgery in the North-West Territories and such book 
 shall be open to inspection at all times. 1903, Sess. 2, c. 16, 
 s. 27. 
 
 38. It shall be the duty of the secretary to keep his register secretary's 
 correct in accordance with the provisions of this Ordinance 
 
 and the rules, orders and regulations of the council and he 
 shall from time to time make the necessary alterations in the 
 addresses or qualifications of the persons registered under this 
 Ordinance and the said secretary shall perform such other 
 duties as may be imposed upon him by the council not incon- 
 sistent with this Ordinance. 1903, Sess. 2, c. 16, s. 28. 
 
 89. The following persons upon payment of the prescribed Qualifications 
 fee shall be entitled to be registered as members of The Col lege college 
 of Dental Surgeons of the North-West Territories : 
 
 (a) All persons who are at the time of the passing of this 
 Ordinance members of The Dental Association of the North- 
 West Territories. 
 
 (&) Any person possessing a diploma of graduation in 
 dental surgery from any ^Canadian dental Sollege or any 
 Canadian university having a special dental department or 
 
238 
 
 DHNTISTEY 
 
 Registration 
 fee 
 
 Annual 
 
 membership 
 
 fee 
 
 from any sucli institution duly authorised by the laws of Great 
 Britain or any of her dependencies. 
 
 (c) Any member of any incorporated college of dentistry or 
 of dental surgeons of any province of Canada having powers 
 similar to those conferred by this Ordinance upon The College 
 of Dental Surgeons of the North-West Territories by which 
 under the laws of the province governing the said incorporated 
 body similar rights to register and to practise dentistry are 
 granted to the persons registered under this Ordinance. 
 
 (d) Any perosn holding a diploma or certificate of qualifi- 
 cation from a dental college or school of dental surgery which 
 at the time when such person applies for registration grants 
 its diploma or certificate of qualification only after a three 
 year course of lectures and practise and producing satisfactory 
 evidence that the holder of such diploma or certificate is recog- 
 nised as qualified to practise dentistry in the country, proviuce 
 or state within which such diploma or certificate has been 
 granted. 
 
 (e) Any person licensed or entitled to be licensed to practise 
 dentistry or dental surgery in the United Kingdom of Great 
 Britain and Ireland. 
 
 (/) Any person who shall satisfy the council that he has 
 practised dentistry or dental surgery for at least five years 
 and shall pass before the members of the council or such 
 examiners as may be appointed for the purpose a satisfactory 
 examination touching his fitness and capacity to practise as a 
 dentist or dental surgeon. 1903, Sess. 2, c. 16, s. 29, and 
 1904, c. 5, s. 1. 
 
 30. The fee payable for registration under the next preced- 
 ing section shall be the sum of $50 except for persons registered 
 under clause (a) thereof who shall not be required to pay any 
 fee for such registration. 1903, Sess. 2, c. 16, s. 30. 
 
 31. Each member shall pay to the secretary or to any 
 person deputed by the secretary to receive it such annual fee 
 as may be determined by bylaw of the council not exceeding 
 $2 towards the general expenses of the council which fee shall 
 be payable on the first day of January in each year and such 
 fee shall be deemed to be a debt due by each member of the 
 said college: 
 
 Provided that the council may in any case in which it deems 
 expedient remit any annual fees due to the college by any 
 member who js or has been a resident out of the Territories 
 during the period in respect of which fees become due. 1903, 
 Sess. 2, c. 16, s. 31. 
 
DENTISTEY 239 
 
 33. A^iy applicant for registration under section 29 whose Appeal from 
 application is refused may appeal to a judge of tlie supreme register ° 
 court who may hear such appeal and make such order thereon 
 as may seem just. 1903, Sess. 2, c. 16, s. 32. 
 
 33. The council may at any time direct that the name of Erasure of 
 any person improperly registered be erased from the register. regfster°™ 
 1903, Sess. 2, c. 16, s. 33. 
 
 GENERAL POWEES OE COUNCIL. 
 
 34. The council shall from time to time as the occasion may Council to 
 require make regulations and bylaws for regulating the register refrstVand 
 to be kept under this Ordinance and shall from time to time ®''^™'°'' '°°^ 
 make rules and regulations for the guidance of the examiners 
 
 and may prescribe the subjects and modes of examinations and 
 generally make all such rules and regulations in respect of 
 examinations not contrary to the provisions of this Ordinance 
 as the council may deem expedient and necessary. 1903, Sess. 
 2, c. 16, s. 34. 
 
 35. The council may from time to time make, alter or General 
 amend and repeal rules and regulations for the well being and 
 discipline of the council, the conduct of its affairs and the 
 promotion of dental and surgical knowledge and the disposition 
 
 of the funds of the council provided such rules and regulations 
 be not repugnant to the provisions of this Ordinance. 1903, 
 Sess. 2, c. 16, s. 35. 
 
 CENTKAL EXAMINATION BOAJED; 
 
 36. The council shall have power to establish an examining Examining 
 
 . . . , boards 
 
 board and to prescribe fees for examinations and may 
 conjointly with the council or councils of colleges of dentistry 
 or dental surgeons incorprated under any act of the 
 Legislature of any province of Canada possessing powers 
 similar to those conferred on The College of Dental Surgeons 
 of the North- West Territories constitute a central examining 
 board and delegate to such boards all powers possessed by the 
 said council respecting the examination of candidates for 
 admission to practise dentistry or dental surgery including the 
 imposition of examination fees : 
 
 Provided that such power shall not be exercised unless the 
 persons passing any examinations of such central examining 
 board shall on complying with the laws and rules of the 
 respective councils in other respects be entitled to registration 
 as legally qualified dental practitioners in the province whose 
 councils may have conjointly with the said council established 
 such central examining board; and 
 
240 DENTISTEY 
 
 Provided further that any examinations conducted by such 
 central examining board shall be held in at least one place 
 within the Territories simultaneously with such examinations 
 held in any province. 1903, Sess. 2, c. 16, s. 36. 
 
 DISCIPLINAEY. 
 
 Misconduct of 37. If auv registered dental practitioner shall be convicted 
 
 registered jo r • i • t i 
 
 practitioner gf any indictable offence or shall after due inquiry be judged 
 by the council to have been guilty of infamous conduct in any 
 professional respect such council may if it sees fijt direct the 
 secretary to erase the name of such practitioner from the 
 register and the name of such person shall be erased by the 
 secretary from the register. 1903, Sess. 2, c. 16, s. 37. 
 
 Inquiry 38. The council may and upon the application of any three 
 
 registered dental practitioners shall cause inquiry to be made 
 in the case of a person alleged to be liable to have his name 
 I erased under the next preceding section and on proof of such 
 conviction or infamous conduct shall cause the name of such 
 person to be erased from the register : 
 
 Provided that the name of a person shall not be so erased on 
 account of his adopting or refraining from adopting the 
 practise of any particular theory of dentistry or dental surgery 
 nor on accoimt of a conviction for a political ofEense out of his 
 Majesty's dominion nor on account of a conviction for an 
 offense which though within the provisions of the last 
 preceding section ought not in the opinion of the council or 
 the committee hereinafter named either from the trival 
 nature of the offence or from the circumstances under which it 
 was committed to disqualify a person from practising dentistry 
 or dental surgery. 1903, Sess. 2, c. 16, s. 38. 
 
 Costs 39. The council may order to be paid out of the funds at 
 
 their disposal such costs as may to them seem just to any 
 person against whom any complaint has been made which 
 when finally determined is found to have been frivolous and 
 vexatious. 1903, Sess. 2, c. 16, s. 39. 
 
 ^o^™o be^'*^'^ ^^' ^^^re the council direct the erasure from the register 
 
 wuhout °^ ^^^ name of any person or of any other entry the name of 
 
 authority that person or that entry shall not be again entered on the 
 
 register except by the direction of the council or by the order 
 
 of a judge of the supreme court. 1903, Sess. 2, c. 16, s. 40. 
 
 Restoration of 41. If the council See fit in any case thev may direct the 
 
 name erased , '' j j 
 
 secretary to restore to the register any name or entry erased 
 
DENTISTRY 241 
 
 therefrom either without fee or on payment of such fee not 
 exceeding the registration fee as the council may fix and the 
 secretary shall restore the same accordingly. 1903, Sess. 2, 
 c. 16, s. 41. 
 
 43. The council shall for the purpose of exercising in any committee 
 case the power of erasing from and restoring to the register "' '"i""''' 
 the name of any person or other entry ascertain the facts of 
 such case by a committee of their own body of whom the 
 quorum shall be three and a written report of the committee 
 may be acted upon as to the facts therein stated for the pur- 
 pose of the exercise of the said powers by the council. 1903, 
 Sess. 2, c. 16, s. 42. 
 
 43. The /iouncil shall from time to time appoint and shall constitution 
 
 . .. . . , ., ,. ofcommittee 
 
 always maintain a committee for the purposes prescribed in 
 the last preceding section and subject to the provisions of this 
 Ordinance may from time to time determine the constitution 
 and the number and tenure of office of the members of such 
 committee. 1903, Sess. 2, c. 16, s. 43. 
 
 44. The committee appointed under the preceding section Legal 
 may for the purpose of the execution of their duties under this 
 Ordinance employ at the expense of the council such legal or 
 other assistance as to the committee may seem necessary or 
 proper and the person whose conduct is the subject of inquiry 
 shall also have the right to be represented by counsel: Counsel 
 
 Provided that all meetings of such committee when held for 
 taking evidence or otherwise ascertaining the facts shall be 
 held within the judicial district or sub judicial district where 
 the member complained of resides or the alleged offence was 
 committed unless he shall consent to have the inquiry else- 
 where. 1903, Sess. 2, c- 16, s. 44. 
 
 45. At least two weeks before the first meeting to be held Pf^^etoe on 
 for taking the evidence or otherwise ascertaining the facts a 
 
 notice shall be served upon the person whose conduct is the 
 subject of inquiry and such notice shall embody a copy of the 
 charges made against him or a statement of the subject matter 
 of the inquiry and shall also specify the time and place of such 
 meeting. The testimony of witnesses shall be taken under 
 oath which the chairman of the committee is hereby authorised 
 to administer and there shall be full right to cross examine all 
 witnesses called and to adduce evidence in defence and reply. 
 1903, Sess. 2, c. 16, s. 45. 
 
242 
 
 DBNTISTEY 
 
 Subpoena 46. For the purpose of procuring the attendance and 
 
 evidence of a witness before the committee a judge of the 
 supreme court may on application of any party to the inquiry 
 order the issue by the clerk of the supreme court or a 
 deputy clerk of a writ of subpoena ad testificandum or a writ 
 of subpoena duces tecum. The rules of evidence on such 
 inquiry and the proceedings and penalties in the case of dis- 
 obedience to any such writ shall be the same as obtain in civil 
 cases in said court. 1903, Sess. 2, c. 16, s. 46. 
 
 Non- 
 attendance of 
 accused 
 
 i"?. In the event of the nonattendance of the person whose 
 conduct is the subject of such inquiry the committee may 
 upon proof of the personal service of the notice aforesaid 
 in accordance with the provisions ,of this Ordinance which 
 proof of service may be by statutory declaration pi-oceed with 
 the subject matter of the inquiry in his absence and make 
 their report of the facts without further notice to such person. 
 1903, Sess. 2, c. 16, s. 47. 
 
 Appeal to 
 judge 
 
 Evidence on 
 appeal 
 
 48. Any person whose name has been ordered to be erased 
 from the register may appeal from the decision of the council' 
 to a judge of the supreme court at any time within six months- 
 of the date of the order for such erasure and such judge may 
 upon the hearing of such appeal make such order as to the 
 restoration of the name so erased or confirming such erasure or 
 for further inquiries by the committee or council into the facts- 
 of the case or otherwise and as to costs as shall seem just. 
 1903, Sess. 2, c. 16, s. 48. 
 
 49. The secretary shall upon the request of any person 
 desiring to appeal furnish such person a certified copy of all 
 proceedings, reports, orders and papers upon which the 
 committee or council have acted in making the report or order 
 complained of and such certified copy may be used by the 
 appellant in evidence as if it were the original of which it 
 purports to be a copy. 1903, Sess. 2, c. 16, s. 49. 
 
 Rights of 
 
 pers'^ns 
 
 registered 
 
 EIGHTS OF EEGISTEEED PEACTITIONEES. 
 
 50. Every person who has been registered and has paid 
 his annual fee under the provisions of this Ordinance shall be 
 entitled to practise dentistry and- dental surgery or either of 
 them in the Territories and demand and recover in any court 
 in the said Territories with full costs of suit reasonable 
 charges for professional aid, advice and visits and the cost of 
 any medicine or surgical appliances rendered or supplied by 
 him to his patients. 1903, Sess. 2, c. 16, s. 50. 
 
DENTISTRY 243 
 
 51. ISTo person shall be entitled to recover any charge in unregistered 
 
 ,j»i (. 1,1 •11' fl person cannot 
 
 any court oi law lor any dental or surgical advice or lor recover 
 attendance or for the performance of any operation or for any '^'^^^'' 
 medicine which he may have prescribed unless he is registered 
 under this Ordinance and has paid his annual fee. 1903, Sess. 
 2, c. 16, s. 51. 
 
 PUBLICATION OF DENTAL REGISTER. 
 
 53. The secretary shall from time to time and at least once Register of 
 in each year under the direction of the council cause to be puwicauon'^^' 
 printed and published a correct register of the names in alpha- ^^ ^ ^""^ ° 
 betical order according to the surnames with the respective 
 xesidences in form B in the schedule to this Ordinance or to 
 the like effect together with the dental titles, diplomas or quali- 
 fications conferred by any college or body of all persons 
 appearing on the register as existing on the day of publication 
 and such register shall be called The Worth- West Territories 
 Dental Register and a copy of the register for the time being 
 purporting to be so printed and published as aforesaid shall be 
 prima facie evidence in all Territorial courts and before all 
 justices of the peace and all others that the persons therein 
 specified are registered according to the provisions of this 
 Ordinance and subject to the provisions of subsection (2) of 
 this section the absence of the name of any person from such 
 copy shall be prima facie evidence that such person is not 
 registered according to the provisions of this Ordinance. 
 
 (2) A certificate under the hand of the secretary certifying 
 that any person is registered under this Ordinance shall be 
 prima facie evidence that such person is so registered. 1903, 
 Sess. 2, c. 16, s. 52. 
 
 EVIDENCE OP REGISTRATION. 
 
 •53. In all cases where proof of registration under this Fur^t^^er^ ^^ 
 Ordinance is required to be made the production of a printed registration 
 •or other copy of the register or of any extract therefrom 
 •certified by the secretary and under the corporate seal of the 
 •college shall be sufficient evidence of registration in lieu of the 
 production of the original register and any certificate purport- 
 ing to be signed by any person in his capacity as secretary of 
 the council under this Ordinance shall be prima facie evidence 
 that such person is such secretary without any proof of his 
 signature or of his being in fact such secretary. 1903, Sess. 2, 
 <5. 16, s. 53. 
 
244 DENTISTBY 
 
 OFFEK-CES AND PENALTIES^ PKOSECUTIONS. 
 
 Praotioners 54. Any person entitled to be registered under this 
 
 omitting to „, ,, ■■ -.i ■j.ji.n 
 
 register Ordinance but who neglects or omits to be so registered snail 
 
 not be entitled to any of the rights and privileges conferred 
 by registration so long as such neglect or omission continues 
 and he shall be liable to all the penalties imposed by this 
 Ordinance or any other Ordinance in force against unqualified 
 or unregistered practitioners. 1903, Sess. 2, c. 16, s. 54. 
 
 Unregistered 55. ISTo unregistered person shall practise dentistry or 
 
 persons „ , . ^ /■ ij-j; 
 
 practising dental surgery for hire or hope oi reward ; and ii any person 
 
 for reward ° ■' , . ^^ ,. ,. i • • ^ 
 
 not registered pursuant to this Ordinance tor hire, gam or hope 
 of reward practises or professes to practise dentistry or dental 
 surgery he shall be guilty of an offence and on summary 
 conviction thereof be liable to a penalty not exceeding $100. 
 1903, Sess. 2, c. 16, s. 58. 
 
 Pretending to 56. Any pcrsou who wilfully and falsely pretends to be a 
 
 DC ftp clsnTist , , 
 
 dentist, dental surgeon or dental practitioner or assumes any 
 title, addition or description other than he actually possesses 
 or is legally entitled to shall be liable on summary conviction 
 thereof to a penalty not exceeding $50 and not less than $10. 
 1903, Sess. 2, o. 16, s. 56. 
 
 Aasumins 57. Any persou not registered pursuant to this Ordinance 
 
 who takes or uses any name, title, addition or description 
 implying or calculating to lead people to infer that he is 
 registered under this Ordinance or that he is recognised by 
 law as a dentist or dental surgeon or a licentiate in dentistry 
 or dental surgery shall be liable upon summary conviction to 
 a penalty not exceeding $100 and not less than $25. 1903, 
 Sess. 2, c. 16, s. 57. 
 
 Prosecutions 58. Any prosecutions under this Ordinance may be brought 
 or heard before a justice of the peace and in case the penalty 
 and costs awarded are not upon conviction forthwith paid the 
 justice may commit the offender to a common goal there to be 
 imprisoned for any term not exceeding one month unless the 
 penalty and costs are sooner paid. 1903, Sess. 2, c. 16, s. 58. 
 
 Onus of proof 59. In any prosecution under this Ordinance the burden of 
 proof of registration shall be upon the person charged. 1903, 
 Sess. 2, c. 16, s. 59. 
 
 Limitati9ns of 60. Every prosecution under this Ordinance shall be 
 commenced within six months from the date of the alleged 
 
 offence. 1903, Sess. 2, c. 16, s. 60. 
 
DENTISTRY 245 
 
 61. The council by an order simed by the president CiounoU may 
 
 1 . i 1 /• 1 .1 1 withdraw 
 
 navmg the seal oi the council appended thereto may' withdraw P'oseoution 
 any prosecution under this Ordinance where it is deemed 
 expedient. 1903, Sess. 2, c. 16, s. 61. 
 
 63. All fines and penalties imposed under any of the pro- Application of 
 visions of this Ordinance and all moneys to be received and*""^ 
 levied thereunder shall after the receipt thereof by the person 
 authorised to receive the same be forthwith paid by such person 
 to the treasurer for the uses of the college. 1903, Sess. 2, c. 
 16, s. 62. 
 
 EETEJENS. 
 
 63. The secretary whenever required by the Lieutenant geaerai 
 Governor shall transmit to the Territorial secretary a return bt'Si'ild^OT 
 verified by oath setting forth all such information and particu- 
 lars relating to the college as may from time to time be 
 required. 1903, Sess. 2, e. 16, s. 63. 
 
 MISCELLANEOUS. 
 
 64. Where under this Ordinance any application is author- procedure 
 ised to be made to or any proceedings authorised to be taken '"'''""® ■'"'^^'' 
 before a judge of the supreme court such application or 
 proceedings may be by originating summons in accordance 
 
 with the rules of court. 1903, Sess. 2, c. 16, s. 64. 
 
 65. All the real and personal property of The Dental Asso- property 
 elation of the North-West Territories and all the books, papers 
 
 and documents belonging to the said association shall on the 
 coming into force of this Ordinance become vested in and 
 become the property of The College of Dental Surgeons of the 
 North-West Territories. 1903, Sess. 2, c. 16, s. 65. 
 
 66. The Lieutenant, Governor in Council may appoint a Proviaionai 
 provisional secretary of the council who shall hold office until 
 
 a secretary is appointed by the council and who shall 
 perform - all the duties of the secretary for the purpose of 
 holding the first election of members of the council and shall 
 for the purposes of said election appoint two scrutineers who 
 shall act with him for the purpose of opening and recording 
 the voting papers. 1903, Sess. 2, c. 16, s. 66. 
 
 67. The Lieutenant Governor in Council may also appoint Appointment 
 
 . , ofauditor 
 
 an auditor who shall proceed with all convenient speed to 
 audit the books and accounts of the dental association herein- 
 before referred to and report to the council. 1903, Sess. 2, 
 c. 16, s. 67. • 
 
246 
 
 DENTISTBY 
 
 oraS'oomtion ^^' '^^^ Secretary treasurer of the said dental association 
 of members'^' ^^^^^ forthwith upon the appointment of the provisional secre- 
 *'"• tary of the council furnish him with a list of all the members 
 
 of the said dental association and deliver to him all 
 moneys in his possession or power the property of the said 
 association and shall also forthwith on the appointment of the 
 auditor in the next preceding section mentioned deliver to him 
 all books, papers and other property of the said association for 
 the purpose of his audit which shall be delivered by him to 
 the council with his report. 1903, Sess. 2, c. 16, s. 68. 
 
 69. The first election of members of the council shall be 
 held within three months after the coming into force of this 
 Ordinance. 1903, Sess. 2, c. 16, s. 69. 
 
 70. The members elected to the council at such first election 
 shall hold office until the first day of January, 1906, and until 
 their successors are elected. 1903, Sess. 2, c. 16, s. 70. 
 
 71. The expenses of the first election and the auditor's and 
 provisional secretary's fees which shall be fixed by the Lieu- 
 tenant Governor in Council shall be paid out of the moneys 
 received from the secretary treasurer of the said dental asso- 
 ciation and in the event of such moneys being insufficient any 
 deficiency shall be paid by the council. 1903, Sess. 2, c. 16, 
 s. Yl. 
 
 73. The provisional secretary shall call the first meeting of 
 the council within two weeks after the holding of the said 
 election. 1903, Sess. 2, c. 16, s. 72. 
 
 to apply To "°' '^^' '^^® provisions of this Ordinance shall not apply to any 
 petitioners registered practitioner of medicine or surgery in the Terri- 
 tories. 1903, Sess. 2, c. 16, s. 73. 
 
 Repeal 74. Chapter 53 of The Consolidated Ordinances 1898, 
 
 Chapter 9 of the Ordinances of 1899, Chapter 16 of the 
 Ordinances of 1900 and Chapter 6 of the Ordinances of 1902 
 are hereby repealed. 1903, Sess. 2, c. 16, s. 74. 
 
 First election 
 
 Term of 
 office of 
 first council 
 
 Expense of 
 first election 
 how paid 
 
 First meeting 
 of council 
 
 SCHEDULE. 
 FOEM A. 
 
 The Dental Profession Oedinanoe Voting Papee foe 
 Annual Election. 
 
 I, John Williams, a registered dental practitioner, vote for 
 the five persons hereinafter named to form members of The 
 
DENTISTET 
 
 Ooimcil of College of Dental Surgeons of the North-West 
 Territories : 
 
 247 
 
 1 
 
 2 
 3 
 
 4: 
 
 5 
 
 And I, John Williamb, oolemnly declare that I am entitled 
 to vote at this election and that I am not in default of my fees 
 to the council. 
 
 Dated at this 
 
 day of 1903. 1903, Sess. 2, c. 16. 
 
 Witness 
 
 FOEM B. 
 
 1903, Sess. 2, c. 16. 
 
 DEPARTMENTS OF GOVERNMENT. 
 
 See AGEICULTUKE DEPARTMENT. 
 
 ATTOENET GENEEAL^S DEPAETMENT. 
 
 EXECUTIVE COUK"CIL. 
 
 PUBLIC SEEVICE. 
 
 PUBLIC WOEKS. 
 
 SCHOOLS. 
 
 TEEASUEY DEPARTMENT. 
 
 TEEEITOEIAL SECEETAEY. 
 
 DEPUTY CLERKS OF COURT. 
 
 See CLEEKS OF COUET AND DEPUTIES. 
 
 DEPUTY SHERIFFS. 
 
 See SHEEIFFS. 
 
248 DEVOLUTION OF ESTATES 
 
 DEVOLUTION OF ESTATES. 
 
 190], CIS An Ordinance respecting tlie Devolution of Estates. 
 12 June, 1901 [Asseuied to June 12, 1901.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 vp-idow 1. The property of any man hereafter dying intestate and 
 
 estate if no leaving a widow but no issue shall belong to such widow 
 
 children 
 
 absolutely and exclusively provided that prior to his death 
 such widow had not left him and lived 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 
 Ordinance in case no portion of the estate of such person has 
 been distributed. 1901, c. 13, s. 1. 
 
 entitled it no ^' The mother of any person hereafter dying intestate 
 fTther"''"'^ ^ without a wife, child or father shall be entitled to the whole 
 of the property of such intestate. 1901, c. 13, s. 2. 
 
 chiidre™to^ 3. In the 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. 1901, 
 
 c. 13, s. 3. 
 
 meg^tlnrite ^' When an illegitimate child hereafter dies intestate 
 child to take -^yj^j^jQ^jt 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. 1901, c. 13, s. 4. 
 
 DISTRESS FOR RENT AND EXTRA 
 JUDICIAL SEIZURES. 
 
 F5March,"'i899 An Ordinance respecting Distress for Rent and Extra- 
 judicial Seizures. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
DISTRESS FOE EENT 249 
 
 1. ISTo person whosoever making any distress for rent nor Costs in 
 
 ■^ , IT? distraints 
 
 any person ■whosoever employed m any manner m making not to exceed 
 such distress or doing any act whatsoever in the course of such schedule 
 distress 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. C. O. 34, s. 1. 
 
 2. IsTo person whosoever making any seizure under the seizure under 
 authority of any chattel mortgage, bill of sale or any other mortgages, 
 
 Otic, COi^tS 
 
 extra judicial process whatsoever nor any person whosoever regulated 
 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. C. O. 
 34, s. 2. 
 
 3. If any person making any distress or seizure referred to penalty for 
 in sections 1 and 2 of this Ordinance shall take or receive any excessive 
 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 
 done the party aggrieved may cause the party making the said 
 distress or seizure to be summoned before the supreme 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 money taken 
 contrary to the provisions of this Ordinance and the costs of 
 suit. C. O. 34, s. 3. 
 
250 
 
 DISTKBSS FOE EENT 
 
 Distraint for 
 rent limited 
 to property 
 of tenant 
 
 Exceptions 
 
 4. A landlord shall not distrain for rent on the goods and 
 chattels the property of any person except the tenant or 
 person who is liable for the rent although the same are found 
 on the premises ; but this restriction shall not apply in favour 
 of a 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 
 otherwise 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 performance 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 restric- 
 tion 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. C. 0. 
 34, s. 4. 
 
 5. The right of a mortgagee of land or his assigns to dis- 
 train for interest in arrear or principal due upon a mortgage 
 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. C. O. 34, s. 5. 
 
 Notice of sale 6. Goods distrained for such interest or principal shall not 
 be sold except after such notice as is required to be given by 
 a landlord who sells goods distrained for rent. C. O. 34, s. 6. 
 
 Distress for 
 interest on 
 mortgage 
 
 SCHEDULE. 
 
 1. Levying distress $1 00 
 
 2. Man in possession, per day. ... 1 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 addi- 
 tional $500 or fraction 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 delivery of goods, 
 
 three per cent, on the net proceeds of the goods up 
 to $1,000 and one and one-half per cent, there- 
 after. 
 
DEAINAGE 251 
 
 DOGS. 
 
 See PROTECTION OF ANIMALS PEOM DOGS. 
 
 DRAINAGE. 
 
 An Ordinance respecting Drainage. i903,ses8.i. 
 
 [Assented to June 19, 190S.} 19 June, 1903 
 
 rpHE Lieutenant Governor by and with tlie advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as foUovrs: 
 
 SHOET TITLE. , 
 
 1. This Ordinance may be cited as "The Drainage short utie 
 Ordinance." 1903, Sess. 1, c. 6, s. 1. 
 
 INTEEPEETATIOH". 
 
 3. In this Ordinance unless the context otherwise requires ; interpretatio 
 
 1. The expression "department" means the department of 
 public works for the Territories; 
 
 2. The expression "commissioner" means the commissioner 
 of public works for the Territories ; 
 
 3. The expression "engineer" means any engineer or land 
 surveyor employed from time to time to perform any of the. 
 duties necessary for the carrying out of the provisions of this 
 Ordinance; 
 
 4. The expression "road" means and includes any public 
 trail, road or highway including any road allowance laid out 
 under the provisions of The Dominion Lands Act; 
 
 5. The expression "report" includes all maps, plans and 
 estimates of cost of any work undertaken under this 
 Ordinance ; 
 
 6. The expression "owner" includes any person who by any 
 right, title or estate whatsoever is or is entitled to land and 
 the executor or administrator of an owner, the guardian of an 
 infant owner, any person entitled to sell or convey the land, an 
 
252 
 
 DEAINAGE 
 
 agent of an owner under a general power of attorney or under 
 a power of attorey empowering him to deal with the land 
 and as regards roads, the commissioner of public works ; 
 
 7. The expression "judge" means a judge of the supreme 
 court of the Territories usually exercising jurisdiction in the 
 district in which any ditch or any proposed ditch is or will be 
 situaio; 
 
 8. The expression "clerk" or "clerk of the court" or 
 "clerk of the supreme court" means any clerk or deputy 
 clerk of the supreme court of the Territories in whose district 
 any ditch or proposed ditch under this Ordinance is or will be 
 situate ; 
 
 9. The expression "ditch" or "drain" means and includes a 
 drain open or covered wholly or in part and whether in the 
 channel of a natural stream, creek or watercourse or not, and 
 also the work and material necessary for bridges, culvert catch 
 basins and guards in connection therewith; 
 
 10. The expression "government ditch" means any ditch 
 constructed by the commissioner whether any portion or all 
 of the expense of the construction and maintenance thereof is 
 borne by the Territories or not. 1903, Sess. 1, c. 6, s. 2. 
 
 CONSTEUCTION OF GOVEENMENT DITCHES. 
 
 Examination 
 for proposed 
 ditch 
 
 3. Whenever the commissioner deems it may be of public 
 benefit to construct any ditch for the purpose of improving 
 any road in the Territories he may have an examination an^ 
 survey made of the said tract with the view of determining 
 the feasibility. and cost of the construction of such ditch. 1903, 
 Sess. 1, c. 6, s. 3. 
 
 Report of 
 engineer 
 
 4. The engineer employed to make the examination shall, 
 as soon as possible, submit a report to the commissioner on 
 the proposed ditch ; which report shall include an assessment 
 showing the proportion of the cost of the proposed undertaking 
 payable to every road and parcel of land to be benefited and 
 shall be filed in the department. 1903, Sess. 1, c. 6, s. 4. 
 
 Basis of 
 assessment 
 
 .'5. The assessment shall be based upon the benefit to be 
 derived from the ditch and the benefit to any parcel of land 
 shall be determined by its increased value for the purpose for 
 which it is or may be used and the benefit to any road by the 
 cost either of making such road as efficient for a highway as 
 it will be made by the construction of the proposed ditch or of 
 
DBAINAGE 253 
 
 providing some alternative road and making it as eificient 
 for a highway as the benefited road will be made by the 
 construction of the proposed ditch. 1903, Sess. 1, c. 6, s. 5. 
 
 6. In the event of the commissioner determining after the Notice of 
 
 o intention to 
 
 receipt of the said report that the proposed ditch shall bePp<j||^^^^d 
 constructed, such construction may be proceeded with forth- j^'J^P^^'^j™ 
 with ; and the commissioner shall cause a notice to be inserted 
 in two consecutive weekly issues in a newspaper, published or 
 circulating in the vicinity of such proposed ditch, of the deter- 
 minatio'n to proceed with the construction thereof, and of the 
 place or places where a copy of the engineer's report may be 
 inspected, one of which shall be at some convenient place in the 
 vicinity of such proposed ditch. 1903, Sess. 1, c. 6, s. 6. 
 
 7. At any time within twenty days after the publication of N"*^'"^ 5' 
 
 •' _ . . . appeal from 
 
 the notice provided for in the next preceding section, any assessment 
 person affected by the assessment made by the engineer's 
 report may file with the clerk of the court a notice of appeal 
 from such assessment or any portion thereof, which notice 
 shall specify the ground of appeal and shall be in duplicate. 
 
 (2) The notice of appeal shall contain the post office address 
 of the appellant and of the person whose assessment is 
 appealed against, if any, and shall be accompanied by the sum 
 of ten dollars, the disposition of which shall be determined by 
 the judge after hearing the appeal. 
 
 (3) One duplicate of each notice of appeal shall be for- 
 warded by the clerk to the commissioner at Eegina by regis- 
 tered mail as soon as the time for filing notices of appeal has 
 expired. 1903, Sess. 1, c. 6, s. 1. 
 
 8. The clerk shall thereupon submit the notices of appeal J^^ge to flx^a^ 
 to the judge who shall fix a time and place for hearing the f or hearing 
 appeals of which notice has been given as prescribed by the 
 
 next preceding section. 1903, Sess. 1, c. 6, s. 8. 
 
 9. At least ten days' notice of the time and place so fixedNotjcetobe 
 shall be given by the clerk to the commissioner and to the 
 applicant and to the person against whose assessment the 
 appeal is made, if any, by registered letter. 1903, Sess. 1, 
 
 c. 6, s. 9. 
 
 10. At the time and place so fixed the judge shall proceed Hearing 
 to inquire into the sufficiency of the said appeals and for 
 
 such purpose shall be a court of record and shall have all the 
 powers vested in a court of record in civil cases. 1903, Sess. 
 1, c. 6, s. 10. 
 
254 
 
 DKAINAGE • 
 
 Adjournment n. The judge may adjourn the said inquiry from time to 
 time and from place to place as he shall think fit. 1903, Sess. 
 1, c. 6, s. 11. 
 
 Decision of 
 judge 
 
 Costs of 
 appeals how 
 apportioned 
 
 13. As soon as may be after the hearing of the evidence 
 adduced the judge shall render his decision and shall confirm 
 or alter the assessment in accordance therewith. 1903, Sess. 
 1, c. 6, s. 12. 
 
 13. The costs of any appeals shall be paid and apportioned 
 between the parties in such manner as the judge may think 
 fit and in the event of the $10 deposited by any party ordered 
 to pay costs not proving sufiicient to pay the costs he is ordered 
 to pay the deficiency shall be paid by the commissioner and 
 shall be added to and form part of the amount of the assess- 
 ment against the party ordered to pay such costs. 1903, Sess. 
 1, c. 6, s. 13. 
 
 What costs 
 allowable 
 
 14. The costs allowable under the next preceding section 
 shall be witness fees and expenses, and clerk's fees and 
 expenses and no other which fees and expenses shall be the 
 same as those allowable for similar services under the rules of 
 the supreme court. 1903, Sess. 1, c. 6, s. 14. 
 
 Construction 15. fi^e commissioner may make such arrangements as he 
 
 of government ■' _ o _ 
 
 ditch ]3jay think fit for the construction of any government ditch 
 
 either by contract or by day labour and for the payment 
 therefor; and for the purpose of such construction and all 
 examinations and other works preliminary or subsequent 
 thereto may by himself, his engineers, agents and servants 
 together with teams, tools, machinery or appliances enter upon 
 any and all lands in whomsoever they are vested. 1903, Sess. 
 1, c. 6, s. 15. 
 
 Penalty for 16. Evcry persou who interrupts, hinders or molests any 
 
 obstruction of , ., j j j.i -^ jt j.i • • 
 
 work person while engaged under authority of the commissioner m 
 
 making any examination for or in constructing, maintaining 
 or repairing any government ditch or the works conected 
 therewith shall be guilty of an offence and upon summary 
 conviction thereof liable to a penalty not exceeding $50 and 
 costs or to imprisonment for a period not exceeding thirty days 
 or to both. 1903, Sess. 1, c. 6, s. 16. 
 
 Capacity of 
 outlet 
 
 17. Every ditch or drain constructed under the provisions 
 of this Ordinance shall be continued to an outlet of sufficient 
 size and capacity to carry off the water delivered from such. 
 
DKAINAGE 255 
 
 ditch or drain in addition to the water flowing in such outlet 
 during any period of the year; and if necessary such outlet 
 shall be. enlarged as part of the construction of such ditch or 
 drain to make it of sufficient size to carry the additional water 
 delivered from such ditch or drain. 1903, Sess. 1, c. 6, s. 17. 
 
 18. As soon as conveniently may be after the completion Apportion- 
 of the constriaction of any government ditch the commissioner construction"' 
 shall ascertain the total cost thereof which shall include the 
 
 cost of purchasing or expropriating the right of way for the 
 ditch through lands which receive no benefit therefrom but 
 not through lands which are benefited thereby, and shall appor- 
 tion such cost amongst the lands and roads benefited in the 
 proportions fixed by the assessment mentioned in section 4 
 hereof as finally confirmed. 1903, Sess. 1, c. 6, s. 18. 
 
 19. The commissioner shall thereupon give notice by Notice o 
 registered letter to the owner of any parcel of land against 
 which any portion of such cost of construction is apportioned 
 whose address is known of the amount of such cost apportioned 
 against such land and any costs which such owner may be 
 liable to pay under the provisions of section 13 hereof shall 
 
 be added thereto and shall be deemed to be a part of the s\un 
 apportioned against such land. 1903, Sess. 1, c. 6, s. 19. 
 
 30. All sums apportioned against any lands under the ^™°R"* 
 preceding sections shall be a special lien against such lands in a I'en on the 
 favour of his Majesty having priority over any claim, lien, 
 privilege or incumbrance thereon except taxes. 
 
 (2) In the event of any portion of the costs being appor- 
 tioned against any parcel of land which has not been granted 
 by the Crown the amount of such portion of costs shall become 
 a lien as in this section provided immediately upon the grant 
 
 of such lands from the Crown. 1903, Sess. 1, c. 6, s. 20. 
 
 « 
 
 EECOVEEY OF AMOUNT OF ASSESSMENTS. 
 
 31. Any sum apportioned against any parcel of land shall a debt due to 
 be a debt due to his Majesty and may be recovered by suit 
 against the owner of such parcel of land in the name of the 
 attorney general and in any such suit a certificate purporting 
 
 to be signed by the commissioner shall be prima facie evidence 
 of the debt. 1903, Sess. 1, c."6, s. 21. 
 
 33. Any sum apportioned against any parcel of land shall PayaWe^m^ 
 be payable to the commissioner in ten equal aimual instalments 
 on the first day of December in each year together with interest 
 
256 DEAINAQB 
 
 at five per cent, per annum on the unpaid amount payable 
 on the same date such interest to be computed from the first 
 day of December of the year in which the ditch is completed 
 on which day the first of the said ten annual instalments shall 
 be paid. 1903, Sess. 1, c. 6, s. 22. 
 
 Commutation 33. ^^^y person liable to pay any sum as in the next pre- 
 
 of instalments -^ r x././ •i-.i. 
 
 ceding section provided may commute the unpaid instalments 
 by a cash payment of the total amount of such instalments or 
 with the consent of the commissioner may pay the same in a 
 less number of annual instalments than as provided in the said 
 section. 1903, Sess. 1, c. 6, s. 23. 
 
 MAINTENANCE AND EEPAIES. 
 
 Ma^intenance 24t. The Commissioner shall make provision for all work 
 necessary for the maintenance of and repairs to any govern- 
 ment ditch and the cost thereof shall be apportioned in the 
 same manner as the costs of the construction of such ditch and 
 shall be due and payable on the first day of December of the 
 year in which the work is done. 1903, Sess. 1, c. 6, s. 2,4. 
 
 Distress for 35. In case the owner of any parcel of land neglects to pay 
 assessed any sum for which he is liable for one month after such sum 
 
 becomes due the commissioner may cause the same to be 
 levied with costs by distress of the goods and chattels of or in 
 the possession of such owner or of any goods and chattels found 
 on the said parcel of land in the possession of any occupant 
 thereof. 1903, Sess. 1, c. 6, s. 25. 
 
 Forfeiture for 36. In the event of any sum payable by the owner of any 
 
 nonpayment . . "^ . . 
 
 parcel of land remaining unpaid for two years, the commis- 
 sioner may cause notice to be sent by registered letter to all 
 persons shown by the records of the proper land titles office 
 to have any interest in the said parcel of land to the address 
 shown by such records, if any, that after the expiration gf 
 three months from the mailing of such notice application will 
 be made to a judge of the supreme court for an order vesting 
 the title of the said parcel of land in his Majesty. 
 
 (2) At any time after the expiration of the said three 
 months if the sum or sums due have- not in the meantime been 
 paid the attorney general may apply to the judge on not less 
 than ten days' notice to the parties and in the manner men- 
 tioned in the next preceding subsection for a vesting order 
 and the judge may thereupon direct that the said parcel of 
 land be absolutely vested in his Majesty freed from all liens, 
 mortgages and incumbrances of whatsoever kind. 
 
DEAINAGE. 257 
 
 (3) Upon any application under the next preceding sub- 
 ' section any certificate purporting to be signed by the commis- 
 sioner shall be prima facie evidence of the facts stated 
 therein. 
 
 (4) In the event of the sum or sums due being paid before 
 the judge has made the vesting order as provided in sub- 
 section (2) hereof the said owner shall pay to the commissioner 
 such costs as the judge may direct and such costs shall be 
 deemed to be a part of the sum last due and may be recovered 
 in any manner provided for recovering any other sum payable 
 by such owner. 1903, Sess. 1, c. 6, s. 26. 
 
 REMOVAL OF OBSTKUCTIONS. 
 
 27. When any government ditch, heretofore or hereafter Removal of 
 
 11 1 111 11 ,. obstructiODS 
 
 constructed, becomes obstructed by dams, bridges, fences, . 
 washouts and other obstructions caused by the owner or the 
 person in possession of the lands where such obstruction 
 occurs so that the free flow of water is impeded thereby the 
 person or persons owning or occupying such land shall, upon 
 reasonable notice in writing given by the commissioner, 
 remove such obstructions in any manner caused as aforesaid, 
 and if not so removed within the time specified in the notice 
 the commissioner shall forthwith cause the same to be 
 removed. 1903, Sess. 1, c. 6, s. 27. 
 
 38. If the cost of removing such obstruction is not paid bv c^ost of 
 
 1 . . c 1 ■ 1 1 " removal 
 
 such owner or occupant to the commissioner forthwith the 
 same may be recovered by suit in the name of the attorney 
 general against such occupant or owner or may be recovered 
 in any manner provided by this Ordinance for the recovery of 
 any other sum payable to the commissioner. 1903, Sess. 1, 
 c. 6, s. 28. 
 
 CONSTEUCTION OF PEIVATB DITCH. 
 
 39. Any municipality, local improvement district or village Ditch of 
 or any owner who desires to construct a ditch or drain shall, if owner 
 such ditch or drain affects other lands than lands owned by 
 
 such municipality, local improvement district, village or owner, 
 employ an engineer to make the necessary surveys and prepare 
 the plans, estimates of cost and other information required in 
 connection with such ditch or drain. 1903, Sess. 1, c. 6, s. 29. 
 
 30. Upon completion of the survey of any ditch or drain ^PP^^aWon^t;' 
 an application shall be forwarded to the commissioner in form 
 prescribed by the commissioner for authority to construct such 
 ditch or drain ; with a plan prepared by the engineer showing 
 11a 
 
258 DRAINAGE 
 
 the location of the proposed ditch, the names of the owners 
 of lands crossed by such ditch and the outlet for the ditch 
 together with any further information necessary to a clear 
 understanding of the location and character of the proposed 
 undertaking ; and such plan shall be accompanied by a detailed 
 report by the engineer regarding the manner in which lands 
 crossed by the ditch will be affected thereby, the probable cost 
 of completing the construction of the ditch and any further 
 information required by the commissioner. 1903, Sess. 1, 
 c. 6, s. 30. 
 
 Permit for 31. The application, plan, report and estimates required 
 
 construction ,. ■^. :: „. , . , 
 
 by the next preceding section shall be nled m the department 
 and if approved by the commissioner a permit shall be issued 
 •to the applicant authorising him to proceed with the construc- 
 tion of the proposed ditch or drain and granting a definite 
 period for the completion of such construction. 1903, Sess. 
 1, c. 6, s. 31. 
 
 Right of holder 33. The holder of a permit for the construction of a ditch 
 or drain may proceed with such construction across any lands 
 in whomsoever vested doing no unnecessary damage thereto or 
 thereon but shall first pay for the right of way required for 
 such ditch or drain. 1903, Sess. 1, c. 6, s. 32. 
 
 Arbitration 33. If the holder of such permit is unable to agree with 
 
 compensation the owner of any land crossed by such ditch or drain as to 
 the compensation to be paid for the right of way required 
 therefor they shall proceed to arbitrate the question of such 
 coinpen«ation under the provisions of The Arbitration 
 Ordinance. 1903, Sess. 1, c. 6, s. 33. 
 
 apply to'^^'° 34. This Ordinance shall apply to government ditches the 
 ditches begun examination for which has been made but the construction of 
 
 which has not been completed prior to the passing of this 
 
 Ordinance. 1903, Sess. 1, c. 6, s. 34. 
 
 REPEAL. 
 
 Repeal .35. Sectious 31 to 46 both inclusive oi The Public Worhs 
 
 Ordinance being Chapter 4 of the Ordinances of 1901 are 
 hereby repealed. 1903, Sess. 1, c. 6, s. 35. 
 
 DRUGGISTS. 
 
 See PHARMACEUTICAL ASSOCIATION. 
 
ELECTIONS 259 
 
 EASEMENT. 
 
 See LIMITATION OF ACTIONS. 
 
 EDUCATION. 
 
 See SCHOOLS. 
 
 ELECTIONS. 
 
 An Ordinance respectine Elections. c.o.isqs, c.3 
 
 ° 15 March, 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Territories .ffZec- short title 
 tions Ordinance." C. O. 3, s. 1. 
 
 ISSUE OF WEIT. 
 
 3. Every writ for the election of a member of the Legisla- writ, date oe 
 tive Assembly shall be dated and shall be returnable on such return" ' 
 day as the Lieutenant Governor determines; and shall be 
 addressed by the clerk of the Executive Council to sucli 
 resident elector of the electoral district in which the election 
 is to be held as the Lieutenant Governor appoints ; and such Returning 
 
 . . officer 
 
 person shall be the returning officer at the election to which 
 such writ relates : 
 
 Provided always that if the person to whom the writ hysRe* ^^^^j., 
 been addressed refuses or is unable or unqualified to act, h-^^'j.'jMitTto 
 shall (under penalty hereinafter provided) forthwith ^^^^^, 
 the receipt of such writ notify the Lieutenant Gov ^yj^^^, ^ 
 the most speedy means available of such inabili_^^y ^^ refusal 
 or want of qualification, when the Lieuter'^^^^ Governor mav 
 order another writ to issue or may ap-^^'j^^. ^^-^^ q^j^q^. resident 
 elector as returning officer who si^^^llact under the writ already 
 issued : 
 
 Provided also that no election sihall be declared void if thepro\isoi. 
 person to whom the writ is addressed acts thereunder as 
 returning officer on the ground that such person is not a 
 resident elector of the district or is otherwise disqualified to 
 act as returning officer. C. O. 3, s. 2. 
 
 3. The Lieutenant Governor shall fix the day and locality Day and piare 
 for the nomination of candidates at such election; and the day to be nlnfid"^ 
 
260 
 
 ELECTIONS 
 
 and locality so fixed 'shall be specified in the writ of election 
 
 for that electoral district: 
 ^ecliOT Ti to Provided always that in the case of a general election the 
 SisSV" """ ^^J so fixed shall be the same in the case of every electoral 
 
 district except that it raay be varied when rendered necessary 
 
 under any other provisions of this Ordinance: 
 Time to elapse Provided further that there shall be an interval of not less 
 
 between date i i i i t j? 
 
 of writ and [jian ten and not more than twelve days between the date oi 
 
 nomination '^ , • r^ /^ 
 
 the writ and the day of nomination mentioned therein. L. O. 
 3, s. 3 and 189-9 c. 3, s. 2. 
 
 Advertise- 3^. j^g ^qq^ ^s the day and the several localities for the 
 
 nient or notice ^ 7 ■ 7 / 
 
 of election nomination of candidates have been fixed as m the next 
 preceding section provided, the clerk of the Executive Council 
 shall direct publication of a 7iotice in form E in schedide 2 to 
 this Ordinance to be made once in eacli week between the date 
 of the lurits of election and the day fixed for the nominations 
 in every newspaper printed and published in the Territories 
 and in such other neivspaper circulating within the Territories 
 as he may be directed so to do by the Lieutenant Governor: 
 
 Provided that it shall not be obligatory to direct publication 
 of such notice in any newspaper which is not printed and 
 published or if printed is not published or if published is not 
 printed within the limits of any electoral district in which an 
 election may not have been ordered. 1899, c. 3, s. 3. 
 
 How-to be 
 transmitted 
 
 Form of writ 4, ^jjg writs of election shall be in form A in schedule 2 to 
 this Ordinance and shall be transmitted by registered letter 
 by the clerk of the executive council addressed to the respective 
 returning officers, unless otherwise ordered by the Lieutenant 
 Governor. C. 0. 3, s. 4. 
 
 EBTUENING OFFICEE. 
 
 Indorsement 
 of receipt 
 of writ 
 
 Oath of office 
 
 5. The returning ofiicer shall on receiving the writ of elec- 
 tion forthwith indorse thereon the date on which he received 
 the same; and before taking any further action thereon he 
 shall take the oath of office in form B in schedule 2 to 
 this Ordinance * * *. C. O. 3, s. 5 and 1899, c. 3, s. 4. 
 
 To appoint an 
 election clerk 
 
 6. The returning officer by a warrant under his hand and 
 in form (J in schedule 2 to this Ordinance shall appoint 
 an election clerk and may at any time during the election 
 appoint in the same manner another election clerk if the one 
 so appointed resigns or is unable to perform his duties as such 
 clerk. C. O. 3, s. 6. 
 
ELECTIONS 26 1 
 
 7. The election clerk shall assist the returning officer in theD""esof 
 performance of his duties and act in his stead as returning 
 officer whenever the returning officer after appointing such 
 election clerk refuses or is unable to perform his duties or 
 admits his want of qualification and has not been replaced by 
 another. 
 
 (2) All the provisions of this Ordinance in regard to return- Responsibility 
 ing officers shall apply to election clerks acting; as returning clerks acting 
 
 jj, ^ -^ " o o as returning 
 
 Onicers. officers 
 
 (3) The returning officer or election clerk shall not act as 
 deputy returning officer or poll clerk in any polling division. 
 C. O. 3, s. 7. 
 
 8. The election clerk before acting as such shall take theOathof 
 
 •I j> no ' r ~r\ > 1 • election clerk 
 
 oath of office m form D in schedule 2 to this Ordinance 
 before the returning officer or any person authorised to admin- 
 ister an oath within the Territories. * * * C. 0. 3, 
 s. 8 and 1899, c. 3, s. 5. 
 
 9. The election clerk when acting for or in the stead of the Penalties 
 returning officer shall be subject to like penalties as the return- 
 ing officer for violating any of the provisions of this Ordin- 
 ance ; but this shall not relieve the returning officer from any 
 penalties provided to which he may render himself liable. C. 
 
 O. 3, s. 9. 
 
 POLLING DIVISIONS. 
 
 10. The returning officer shall with all reasonable speed 
 after receiving the writ of election: 
 
 -j ^^ # * * 4f- * -:f 
 
 2. Subdivide the electoral district into as many poUing |^^'?^?b , 
 divisions as he deems necessary for the convenience of electors 
 and number them consecutively and give to each a distinctive 
 name : 
 
 Provided always that no such polling division shall have a^™^'^^" 
 greater voting population than 200 : 
 
 Provided further however that if a polling division should^™"™ 
 include a greater number of voters than 200 the fact shall not 
 be held to invalidate the poll held in that polling division; 
 nor shall it render the returning officer liable to a penalty 
 unless it can be shown that one or more duly qualified voters 
 have been deprived of the opportunity to vote by reason of 
 such larger number of voters having been included within the 
 polling division; 
 
 '■} 
 
262 ELECTIONS 
 
 ^o?iin'°^Lo'e'8 ^- ^'^(^'^'''^ ^'^'^ prepare a suiiahle and conveniently situated 
 building for use as a polling place in each polling division. 
 C. 0. 3, s. 10 and 1899, c. 3, s. 6. 
 
 may be'^usTd^ 11. The returning officer is hereby vested with authority 
 p°ac'e°s"°^ to take and use as a polling place any school house the prop- 
 erty of any public or separate school district organised by 
 virtue of any Ordinance of the Territories, if such school 
 house is convenient for that purpose. 
 
 g^en^t^ of school (2) The school district shall be paid for the use of the 
 school house such sum as the Lieutenant Governor in Council 
 may allow. C. O. 3, s. 11. 
 
 pouijfg^ ""' °* ^^* ^^ ^^'^^^ seventy-tiuo hours before the hour fixed in' 
 divisions ^^g ^^^f j^^ j-j^g nomination of candidates the returning 'officer 
 shall subdivide the electoral district into polling divisions as 
 provided for in section 10 of this Ordinance; and shall provide 
 and cause a certified copy of the list of such polling divisions 
 with a full description of each to be posted in' a conspicuous 
 position outside and adjoining the main entrance to the 
 building in which the nomination is to be held and in such a 
 manner that it may be seen and distinctly read; and shall on 
 demand in writing of any elector at all reasonable times 
 within the said period of seventy-two hours permit such 
 elector to examine the original list of polling divisions and 
 make such extracts therefrom as may be desired. 1899, c. 
 3, s. 7. 
 
 pomng'piaces ^^' ^^ ^ demand is made upon the returning officer in 
 writing at any time up to six o'clock (standard time) of the 
 day upon which the nominations are held for any additional 
 polling subdivision (the polling place of which shall be named 
 in the request and which shall not be within twenty miles of 
 any polling place already appointed), the returning officer 
 shall set apart as nearly as may be such proposed polling sub- 
 division and appoint the polling place thereof. 
 
 (2) The person making such demand as aforesaid shall file 
 with the returning officer a statutory declaration stating that 
 there are at least ten resident electors wihin the limits of the 
 proposed additional polling subdivision. 
 
 (3) In every such case the returning officer shall forthwith 
 deliver to each candidate in nomination a description of such 
 'polling division with the polling place appointed. C. O. 3, 
 s. 13 fnd 1899rc. 3, s. 8. 
 
ELEOTIONB 263 
 
 POSTPONEMENT OF NOMINATION. 
 
 14. Whenever after heing nominated any candidate dies Death of 
 hefore the close of the polls the returning officer on production 
 
 to him of satisfactory evidence of the fact shall take any step 
 necessary to stop all proceedings commenced and call for new 
 nominations -forthwith, at least five and not more than seven 
 days' advice thereof heing given by notice posted up in three 
 conspicuous and public places in the locality where the 
 nominations are ordered' to be made and by delivering a copy 
 of such notice to each living candidate nominated at the first 
 nominations. 
 
 (2) In every such case the returning officer shall forthwith 
 make to the clerk of the Executive Council a special and full 
 report under oath of the causes which occasioned the postpone- 
 ment of the election. 1899, c. 3, s. 9. 
 
 NOMINATION. 
 
 15. At any time after the date of the writ of election and Time and 
 before twelve o'clock noon (standard time) of the day fixed nomination 
 for the nomination, any four or more electors may nominate 
 
 a candidate by signing before any person authorised to 
 administer oaths within the Territories or before the returning 
 officer and causing to be iiled with the returing officer a 
 nomination paper in form F in schedule 2 to this Ordinance ; 
 and any vote given at the election for any person other than a vote for 
 candidate so nominated shall be null and void. C. O. 3, s. 15. nominated 
 
 16. A nomination paper shall not be valid or be acted upon Nomination 
 by the returning officer unless : ^^"^^^ 
 
 (a) It is accompanied by the consent in writing of Consent of 
 the person therein nominated (except when such 
 person is absent from the electoral district when such 
 absence shall be stated in the nomination paper) ; 
 
 and 
 
 (b) A sum of $100 is deposited in the hands of the Deposit of |ioo 
 returning officer at the time the nomination paper is 
 
 filed with him. 
 
 (2) The returning officer shall (the foregoing requirements Receipt for 
 of this section being complied with) give his receipt for the paper 
 nomination paper ; and the said receipt of the returning officer 
 shall in every case be sufficient evidence of the production of 
 the nomination paper, of the consent of the candidate and of 
 the payment herein mentioned. 
 
264 
 
 ELECTIONS 
 
 How deposit 
 may be made 
 
 Condition 
 upon wliich 
 deposi^. may 
 be returned 
 
 Forfeiture of 
 deposit 
 
 (3) The returning officer shall accept the sum of money 
 hereinbefore mentioned if it is tendered: 
 
 (a) In gold coin; 
 
 (b) In Dominion of Canada notes; 
 
 (c) In the notes of any bank chartered by the Parlia- 
 ment of Canada which at the time is redeeming its 
 notes on demand; or 
 
 (d) Partly in one and partly in another or others of the 
 description of moneys herein mentioned; 
 
 but he will not be obliged to accept such tender if any part of 
 it consists of other descriptions of money than that herein 
 specified. 
 
 (4) The sum so deposited by any candidate shall be 
 returned to him in the event of his being elected or of his 
 obtaining a number of votes at least equal to one-half the 
 number of votes polled in favour of the candidate elected as 
 decided in the final count. 
 
 (5) If such candidate has not obtained the number of votes 
 in the next preceding subsection mentioned, the said deposit 
 shall be transmitted by the returning officer to the clerk of the 
 executive council and by him deposited to the credit of the 
 general revenue fund of the Territories. C. O. 3, s. 16. 
 
 NOMINATION PEOCEEDINGS. 
 
 Proceriure at 
 liusting8 
 
 IT. Every returning officer shall on the date of nomination 
 and at the place fixed as aforesaid proceed to the hustings 
 (which shall be at such a place that all the electors may have 
 free access thereto) and at the hour of eleven of the clock 
 (standard time) in the forenoon shall read or cause to be read 
 publicly the writ of election; and shall forthwith read in an 
 audible voice the nominations which he has received and from 
 time to time until twelve o'clock of the day (standard time) 
 shall so read further nominations as he receives them. C. 0. 
 3, s. lY. 
 
 Closing 
 nominations 
 
 18. At the hour of twelve o'clock (standard time) the 
 returning officer shall declare the nominations closed and chall 
 announce in an audible voice the names of the several candi- 
 dates. C. 0. 3, s. 18. 
 
 Procedure 19. Jf at the closc of the hour for receiving nominations 
 
 when only one » 
 
 canditate o^iy one Candidate for the vacancy to be filled remains in 
 
 nominated ^ \ . a-> 
 
 nomination, the returning officer shall then and there: 
 
ELECTIONS 265 
 
 1. Declare the said eandidate duly elected; 
 
 2,. Give such candidate or any agent of such candidate if 
 the candidate is not present a certificate that such candidate 
 has been duly elected; 
 
 3. Forward to the clerk of the executive council the writ 
 of election together with a certificate in writing declaring such 
 candidate duly elected and all ballot boxes, poll books and 
 other books, forms, seals, materials and things sent to him to 
 be used in the election and which have not been used. C. O. 
 3, s. 19. 
 
 30. If at the close of the hour for receiving nominations Procedure 
 more than one candidate for the vacancy to be filled remains than one 
 in nomination, the returning officer shall announce the day nominated 
 upon which a poll will be held and the day, hour and place at 
 which the ballots will be counted which must not be more 
 
 than eight days after the polling; and shall deliver to every 
 candidate or to any person authorised in writing by the candi- 
 date or any of his nominators to act in his behalf a list of the 
 candidates nominated with the colour assigned to each as 
 specified in section 4 of schedule 1 to this Ordinance. 
 
 (2) Colours shall be assigned to candidates in the order set 
 forth in the said schedule in the order of nomination. 0. O. 
 3, s. 20 and 1899, c. 3, s. 10. 
 
 31. Any candidate nominated may withdraw at any time candidate 
 after his nomination and before the closing of the poll by filing hisnol^ination 
 with the returning officer a declaration in writing to that 
 
 effect signed by himself; and any votes cast for a candidate 
 who shall have so withdrawn shall be null and void; and in 
 case after such withdrawal there should remain only one 
 candidate for the vacancy to be filled then it shall be the duty 
 of the returning officer to forthwith return as duly elected the 
 candidate so remaining and to proceed as directed in section 
 19 hereof: 
 
 Provided always that if a candidate withdraw at any time but will 
 
 1 • J 1 forfeit nis 
 
 after his nomination he shall forfeit the money deposited by deposit 
 him and the returning officer shall transmit the same to the 
 clerk of the Executive Council as provided in section 16 hereof. 
 C. O. 3, s. 21. 
 
 PEOVIDING FOE THE POLLING. 
 
 33. Whenever a poll has been granted it shall be held on Date and 
 the twenty-first day after the date of the writ and shall bepSuSg" 
 
266 
 
 ELECTIONS 
 
 Election 
 notices 
 
 opened at nine of the clock in the forenoon (standard time) 
 and kept open until five of the clock in the afternoon (stan- 
 dard time) of the same day; and the votes at the several 
 polling stations shall be given between the said hours of that 
 day: 
 
 Provided that in that portion of the electoral district of 
 Kinistino lying east of range ten west of the second meridian 
 and that portion lying north of township forty-nine the poll 
 shall he held on the thirty-fifth day after the said date of "jrit. 
 0. O. 3, s. 22; 1899, c. 3, s. 11 and 1902, c. 3, s. 1. 
 
 33. Immediately after the expiration of six hours from the 
 hour at which the nominations closed the returning officer 
 shall finally complete the subdivision of the electoral district 
 into polling divisions; and shall cause to he posted with all 
 reasonable speed at the main entrance to each building to he 
 used as a polling station and at least two days before the day 
 of voting an election notice setting forth the following infor- 
 mation : 
 
 1. The names of the several candidates with the name of 
 the colour assigned to each, which colour shall be assigned to 
 the candidates in order of nomination, the order being that 
 specified in section 4 of schedule 1 hereto ; 
 
 2. The number, name, boundaries and polling place of each 
 polling division as finally amended; 
 
 3. The name of the deputy returning officer for each polling 
 division ; 
 
 4. The day and hours of the day on which votes will be 
 received ; 
 
 5. The day, hour and place at which the votes will be 
 counted and the return declared. C. 0. 3, s. 23, and 1899, 
 c. 3, F. 12. 
 
 Information 
 to electors 
 
 34. The returning ofiicer shall also cause to be posted up 
 near to the aforesaid election notice copies of form G in 
 schedule 2 to this Ordinance containing information to electors. 
 C. 0. 3, s. 24. 
 
 DEPtTTT EETURNING OFFICERS. 
 
 Appointment 
 of deputy 
 returning 
 offloers 
 
 35. For the purpose of taking the votes at an election, the 
 returning officer shall by writing over his signature appoint a 
 deputy returning officer for each polling division (who shall be 
 an elector of the district) and shall thereby require the deputy 
 
ELECTIONS 26.7 
 
 returning officer to open and hold the poll in such division at 
 the time and place fixed in the election notice and according 
 to the provisions of this Ordinance. 
 
 (2) Eevery deputy returning officer shall before acting as oath of deputy 
 such take and subscribe before the returning officer or anyofflcere 
 person authorised to administer oaths within the Territories 
 the oath in form H in schedule 2, to this Ordinance. * * * 
 C. O. 3, s. 25 and 1899, c. 3, s. 13. 
 
 36. The returning officer shall cause to be supplied to each Election 
 deputy returning officer at least one day before polling day be%uppUed°to 
 the books, ballots, ballot boxes, coloured pencils, stamps and returning 
 ■ other material necessary under this Ordinance to the taking of 
 a poll and shall take the receipt of the deputy returning officer 
 therefor. 
 
 (2) The articles above mentioned may be sent by special Transmission 
 messenger who shall act for the returning officer and for 
 
 whose actions the returning officer shall be responsible as 
 though the said actions were performed by himself. 
 
 (3) The articles mentioned in this section and all other supplies to be 
 articles necessary to the taking of a vote at an election under fn schedule^ 
 this Ordinance shall be of the description given in schedule 1 
 
 to this Ordinance unless otherwise herein provided; or if 
 provision has not been so made they shall be of such form as 
 the Lieutenant Governor in Council may direct. 
 
 (4) A sufficient number of the forms and articles prescribed Forms to be 
 by this Ordinance as may be necessary shall be furnished by 
 
 the clerk of the executive council to each returning officer for 
 distribution to the several officers whose duties as defined by 
 this Ordinance require their use. 
 
 (5) In case any of the copies of * * * notices, Provision h 
 statements or other forms or articles (such as poll books, ballot received at 
 
 . , . -, opening of 
 
 boxes, ballots, envelopes, pencils or other materials required pou 
 under the provisions of this Ordinance) are not available or 
 are likely not to be available for use at the time and place 
 required by this Ordinance, it shall be the duty of the return- 
 ing officer, election clerk, deputy returning officer or poll clerk 
 (as the case may be) to provide such copies of the necessary 
 * * * notices, statements or other forms or articles 
 (such as poll books, ballot boxes, ballots, envelopes, pencils or 
 other material) as may be required at the time and place in 
 which he is required to act under the provisions of this 
 Ordinance as nearly as may be according to the directions 
 given in this Ordinance and in schedule 1 hereto. C. O. 3, 
 s. 26 and 1899, c. 3, s. 14. 
 
268 
 
 ELJfiUTlUJNB 
 
 iutie^il^^d ' ^'^' ^^^® deputy returning officer shall before the hour for 
 oath opening the poll on the election day appoint over his signature 
 
 a poll clerk to assist him in taking the votes or to act in his 
 stead* if necessary with all the powers and liabilities of the 
 deputy returning oificer, who before acting as such shall take 
 the oath in form I in schedule 2 to this Ordinance before the 
 deputy returning officer, the returning officer or any person 
 authorised to administer oaths within the Territories. * * * 
 
 ?eturaTng (2) Each (If^piv returning officer and poll clerk appointed 
 
 pSfciSto under this Ordinance shall be a constable during the day of 
 be constables ^qH^^.^^ Q_ Q 3^' g, 27 and 1899, c. 3, s. 15. 
 
 pouinj""" 28. The deputy returning officer shall prepare a polling 
 
 place suitable for the purposes of this Ordinance within the 
 
 building mentioned in the election notice provided for in 
 
 sectio'i £S if that is practicable and if not then as nearly 
 
 thereto as may be ; and shall truly inform any elector inquir- 
 
 and" ^""^ ^°° ing of him the locality of such polling place ; and at least one 
 
 to electors to hour before the opening of the poll shall cause to be posted 
 
 ^^°^ conspicuously (both outside and inside the building to be 
 
 used as a polling place) copies of the said election notice 
 
 and information to the electors provided in form Gr in schedule 
 
 2 to this Ordinance and also the names of himself and his 
 
 poll clerk. 0. O., s. 28 and 1899, c. 3, s. 16. 
 
 Procedure at 
 opening of 
 poll 
 
 Ballot box to 
 be Inspected 
 and sealed 
 
 Opening 
 packet with 
 stamp 
 
 Objections 
 
 39. The deputy returning officer or his poll clerk shall 
 (within five minutes before the time appointed for opening 
 the poll) publicly and audibly announce the time of day and 
 shall show the ballot box to the candidates, their agents or 
 scrutineers or (in their absence) to any electors present who 
 may claim to act for any of the candidates, so that they may 
 see that it is empty ; and he shall then in their presence lock 
 the box and place his seal upon it in such a manner as to 
 prevent its being opened without breaking the seal; and shall 
 allow the persons permitted hereunder to remain in the outer 
 room of the polling place to affix their seals ; and he shall then 
 place the box in view of all those present and shall keep it 
 locked and sealed. 
 
 (2) After locking and sealing the ballot box he shall then 
 (in presence of the candidates, their agents or scrutineers or 
 in their absence in presence of any electors present who may 
 claim to act for any of the candidates) after the same has been 
 examined by them break the seal on the packet containing 
 the stamp to be used by the deputy returning officer in marking 
 the outside of the ballot papers; and he shall then and there 
 
ELECTio::^s 269 
 
 enter in the poll book any objections made to the hour of open- 
 ing or to the place of polling or to the arrangements of the 
 polling place demanded to be entered either by a candidate 
 or his agent or by any elector. C. O. 3, s. 29. 
 
 POLLING PLAGE. 
 
 30. The polling place shall have an outer room suitable forPuterand 
 
 , -, ■ n , inner roonis 
 
 the accommodation of the persons and things required for 
 taking the vote under this Ordinance and (opening therefrom) 
 an iimer room in which the voter may mark his ballot screened 
 from all observation: 
 
 Provided that where it is difficult or impossible to secure two Division of 
 rooms as required a single room divided by a screen or curtain screen 
 so that the interior of the two parts shall be completely hidden 
 from each other shall be sufficient. C. 0. 3, s. 30. 
 
 31. In the outer room shall be kept the poll book and ballot Poh book and 
 
 , ballot box to 
 
 box. be kept in 
 
 outer room 
 
 (-2.) The poll book shall be open to inspection on demand of inspection of 
 
 1.1 . ^ ,1.,. poll book 
 
 any candidate, agent or scrutineer for a reasonable time for 
 the purpose of checking an entry. 
 
 (3) The ballot box shall be kept in a conspicuous position position of 
 during the voting so that the scrutineers may see the ballots as 
 they are dropped in; and it shall not during such voting be 
 touched by any person except the deputy returning officer or 
 pel] clerk acting for him and only touched by him in such 
 manner that the candidates, th.eir scrutineers or ageut.s can 
 observe it if present. C. O. 3, s. 31. 
 
 33. Except as hereinafter provided no person shall have Persons who 
 
 . , , . , . 1 may have 
 
 access to the inner room but the voter who is engaged m mark- access to 
 
 , ,, ^ ^ „« inner room 
 
 ing his ballot. C. O. 3, s. 32. 
 
 33. In the said inner room of the polling place there shall j^"" r°oo^* 
 be a table suitable for use in marking ballots ; and there shall 
 
 be posted on the walls a copy of the information to electors 
 provided in form G in schedule 2 to this Ordinance and a 
 copy of the election notice provided in section 23 of this 
 Ordinance. C. O. 3, s. 33. 
 
 34. A pencil of the colour assigned to each candidate PencOs^toeir 
 according to the election notice provided for in section 23 of number^ and_^_ 
 this Ordinance shall be furnished; and the full name of the which they 
 candidate shall be marked plainly on the pencil of the colour ^eaitwi^th^ 
 which has been assigned to him according to the said election poumg 
 
270 
 
 ELECTION'S 
 
 notice ; and each of such pencils shall be handed by the deputy 
 returning officer to the voter for the purpose of enabling him 
 to mark his ballot paper as provided in section 48 of this 
 Ordinance; and the voter shall with his ballot paper and 
 before the said ballot paper is placed in the ballot box return 
 to the deputy returning officer each of said pencils. C. O. 3, 
 s. 34. 
 
 Inspection of 
 inner room 
 
 Note ot 
 inspection to 
 be made in 
 poll book 
 
 35. On demand any candidate, agent or scrutineer shall be 
 allowed to inspect the inner room of the polling place in the 
 presence of the deputy returning officer or poll clerk ; but such 
 inspection may only be made when the said inner room is not 
 occupied by a voter. C. O. 3, s. 35. 
 
 36. The deputy returning officer shall forthwith enter in 
 the poll book : 
 
 (a) The time of inspection; 
 
 (&) The name of the person demanding it; and 
 
 (c) Any remarks regarding it that the person inspecting 
 may require the deputy returning officer to record. 
 C. 0. 3, s. 36. 
 
 AGENTS AND SCEUTINEEES. 
 
 Agents of 37. Every candidate shall be entitled to be represented at 
 
 candidates at _ •^ ^ 
 
 polling places gach polling placc by an agent who shall produce to the deputy 
 returning officer his appointment as agent signed by the candi- 
 date or (in case of his absence from the Territories) by two of 
 the electors nominating such candidate, which shall be filed by 
 the returnina; officer. 
 
 Appointment 
 of scrutineers 
 
 (2) The agent so appointed shall have the right to appoint 
 over his signature one or more but not exceeding five scruti- 
 neers on behalf of his principal. C. 0. 3, s. 37. 
 
 Persons who 38. In addition to the deputy returning officer and his poll 
 
 may remain in j../ »,. 
 
 outer room of cierk, cach candidate, his agent and one of his scrutineers or 
 
 polling place .,, ci • ■ z-i- 
 
 m the absence oi the agent two scrutineers, an interpreter (if 
 one is required) during the time for which his services are 
 required and no longer, a peace officer if his services are 
 required and not otherwise, and the voter actually engaged in 
 voting, and no others, shall be permitted to remain in the outer 
 room of the polling place. C. 0. 3, s. 38. 
 
 QUAXinCATIOH" OF VOTERS. 
 
 Qualifications 
 of voters 
 
 39. The persons qualified to vote at an election for the 
 Legislative Assembly shall be the male British subjects by 
 
ELECTIONS 271 
 
 birth or naturalisation (other than unenfranchised Indians) 
 who have attained the full age of twenty-one years, who have 
 resided in the North-West Territories for at least the twelve 
 months and in the electoral district for at least the three 
 months respectively immediately preceding the time of voting. 
 
 (2) Except as hereinafter provided, an elector may only Electors to 
 vote at the polling place of the polling division in which he is resident 
 a resident at the time of voting. C. O. 3, s. 39. 
 
 VOTING. 
 
 40. When a person claiming to he entitled to vote presents Procedure 
 himself for the purpose of voting between the hours of nine prelen1;s**^'°'^ 
 o'clock in the forenoon and five in the afternoon of the polling vote ^ 
 day, the deputy returning officer shall without unnecessary 
 
 delay cause him to be admitted to the outer room of the polling 
 place and shall further proceed as follows: 
 
 1. He shall ask from the person desirous of voting: 
 (a) His full name; 
 
 (h) His occupation; 
 
 (c) His place of residence; and shall 
 
 2. Cause the answers (which must be made in a voice 
 audible to the scrutineers in the polling place, imless the 
 person be dumb) to be entered in their proper places in the 
 poll book which shall be kept in form J in schedule 2 to this 
 Ordinance ; 
 
 3. The name of each "voter or person tendering a vote shall 
 be nuinbered consecutively. C. O. 3, s. 40. 
 
 41. A scrutineer or person acting as such may order the voter may be 
 
 ■*■ ° '^ , required to 
 
 deputy returning officer to require any person tendering a vote ^gJj.^'"''^A'° 
 to subscribe to statement JSTo. 1 contained in form K ofNo.i 
 schedule 2 to this Ordinance after it has been read to him in 
 an audible voice. C. O. 3, s. 41. 
 
 43. A scrutineer or person acting as such may order the voter may be 
 
 „ . 1 • , required to 
 
 deputy returning officer to require any person tendering a vote subscribe to 
 to subscribe to statement ISTo. 2 contained in form K of No. 2 
 schedule 2 to this Ordinance after it has been read to him in 
 an audible voice. C. O. 3, s. 42. 
 
 43. If a person tendering a vote is required to sign a state- R^™;;^*^"*^^ 
 ment and does so, the poll clerk shall enter in the poll book mad^e in pou 
 
272 
 
 ELBOTIOWS 
 
 after his name and residence the number of the statement 
 made and the name of the person at whose request it was 
 required to be made. 
 
 C. 0. 3, s. 43. 
 
 statements to ^^ ^^j statements made under sections 41, 42, 50 and 52, 
 
 shall be filed by the deputy returning officer. C. O. 3, s. 44. 
 
 Refusal to 
 
 subscribe 
 
 statement 
 
 45. If a person who desires to vote refuses or fails to sign 
 a statement when required to do so the poll clerk shall write 
 after the entry of his name and place of residence in the poll 
 book the words "Kefused statement No. " (giving the nmn- 
 ber of the statement refused by him) and the name of the 
 person at whose request he was required to sign such state- 
 ment; and the person so refusing or failing to sign such 
 statement shall at once leave the polling place and not enter it 
 again and shall not be allowed to vote at that polling place. 
 C. 0.- 3, s. 45. 
 
 statement of 46. If the person required to sign a statement is imable to 
 sign his name, he shall make his mark which shall be certified 
 by the signature of the deputy returning officer. C. O. 3, s. 46. 
 
 Interpreter 
 may be 
 employed 
 
 Oath 
 
 Entry in 
 poll book 
 
 47. If the person desiring to vote is unable to understand 
 the English language the deputy returning officer shall enter a 
 remark to that effect opposite his name in the poll book and 
 may allow him to retire from the polling place until a com- 
 petent interpreter can be procured who shall (after taking the 
 oath provided in form L of schedule 2 to this Ordinance 
 before the deputy returning officer) interpret the proceedings 
 to each voter in whose case he is employed. 
 
 (2) When an interpreter is employed his name shall be 
 entered in the poll book with the particulars of the case in 
 which he acted and any objections that may be made by any 
 of the scrutineers or persons acting as such. C. 0. 3, s. 47. 
 
 Initialling of 48. If a person desirous of votina; is not required to sian a 
 
 ballot paper i- i i t it 
 
 by deputy statement or alter he has done so, the deputy returnine officer 
 
 returning nnn/.i-i- . i- o o 
 
 officer or the poll clerk (if he is acting as deputy returning officer) 
 
 shall : 
 
 (a) Write his own initials and make an impression with 
 the stamp provided for that purpose on the back of 
 one of the ballot papers provided according to this 
 Ordinance ; 
 
 recl1ve°baiiot (^) Hand such ballot paper to the voter together with all 
 
 Inrpen"ciis t^^ pencils for marking the same provided for in 
 
 section 34 of this Ordinance; 
 
BLBOTIOWS 273 
 
 (c) Inform the voter in an audible voice of the names of 
 the candidates and the colour which represents each 
 candidate; and 
 
 {d) Direct the voter to go into the inner room and mark Directions 
 the front of the ballot paper (or the face other than °^° "'^ 
 that on which the initials of the deputy returning 
 officer and the mark of the stamp appear) in the form 
 of an X with the pencil the colour of which repre- 
 sents the candidate for whom he desires to vote and 
 fold it according to the crease which appears in it so 
 that the said initials shall be on the outside and the 
 mark made by the voter shall be on the inside, first 
 wetting the mucilage so that the ends so brought 
 together shall remain fastened. 
 
 (2) The voter shall then go into the inner room of the poU- i^^[^t b? 
 ing place and shall mark his ballot ; and after complying with ™*'''" 
 the directions of the deputy returning officer shall return to 
 
 the outer room and hand his ballot together with the aforesaid 
 pencils to the deputy returning officer, who shall (subject to 
 the provisions of sections 49, 50 and 52) in plain view of the 
 scrutineers drop the ballot into the ballot box. 
 
 (3) If any voter hands to the deputy returning officer any When ^^aiiot 
 ballot marked on the outside with another mark than the saidP°'s^™e^s 
 
 issued by 
 
 initials and stamp, the deputy returning , officer shall imme- ^1?^^^.'^^^^ 
 diately destroy the same and the said voter shall not be allowed "fflcer 
 to vote at that polling place. 
 
 (4) The voter shall leave the polling place as soon as his j^^^fj" '^''®" '° 
 baUot has been placed in the ballot box and shall not enter it 
 
 again unless in the discharge of some of the duties provided 
 for in this Ordinance. 
 
 (5) The poll clerk shall write the word "Voted" in the poll ^ntry^i^-j^ 
 book after the name and place of residence of every person who 
 
 has voted as soon as his ballot has been deposited. C. O. 3, 
 s. 48. 
 
 49. When a person voting has been required to sign a state- Vrtermay,be 
 ment and has signed it, the deputy returning officer before "i«g*' ^'"ting 
 receiving from him his marked ballot shall (if so requested 
 by any person acting as scrutineer of any candidate) serve 
 such person with a notice in the form M in schedule 2 hereto 
 to appear at a time and place to be named in the notice to NoHx» to^^^^^ 
 answer to a charge of having voted contrary to the provisions 
 of this Ordinance ; and shall give a copy of such notice to the 
 person or persons so requiring such notice to be served. 
 
274 
 
 ELEOTIONS 
 
 Time for 
 appearance 
 to answer 
 charge 
 
 Disposition of 
 ballot in each 
 
 Entry in 
 poll book 
 
 (2) The said notice may be given on behalf of one or more 
 candidates. 
 
 (3) The time appointed in such notice for such appearance 
 shall not be less than two days after the polling day. 
 
 (4) After serving the notice provided in the preceding sub- 
 sections the deputy returning officer shall : 
 
 (a) Eeceive the ballot of the person desiring to vote; 
 
 (&) Place it in an envelope; 
 
 (c) Securely seal the envelope; 
 
 (d) Write upon it the name and place of residence of the 
 person and his number as it appears in the poll book, 
 the name and number of the polling place and his 
 own name in full; and shall then 
 
 (e) Deposit it in the ballot box. 
 
 (5) The poll clerk shall enter in the poll book (in the next 
 line below the particulars hereinbefore provided regarding the 
 voter) a statement of: 
 
 (a) His having been served with such notice; 
 
 (h) The name of the person or persons at whose request 
 the notice was served; 
 
 (c) The name of the candidate or candidates on whose 
 behalf he or they were acting ; and 
 
 (d) The place, day and hour where the person is required 
 to appear. C. 0. 3, s. 49. 
 
 Vote of 
 election 
 ofBcers, how 
 taken 
 
 Statement 
 No. 2 to be 
 subscribed 
 if required * 
 
 Election 
 ofBcer may be 
 charged with 
 illegal V oting 
 
 50. Any deputy returning officer, poll clerk, candidate, 
 agent or scrutineer who is resident in a polling division other 
 than the one at which he is stationed on the polling day shall 
 be permitted to vote at the polling station where he is so 
 stationed provided he produ.ces a certificate of his authority to 
 act in such capacity from the returning officer, deputy return- 
 ing officer, candidate or agent of a candidate (as the case may 
 be) having authority under this Ordinance to appoint him and 
 after signing statement No. 3 prescribed in form K of 
 schedule 2 to this Ordinance; and a note shall be made of the 
 particulars in the poll book opposite the voter's name. 
 
 (2) On the demand of any scrutineer or person acting as 
 such any of the persons mentioned in this section applying to 
 vote shall be required to subscribe to statement No. 2. of said 
 form K before being allowed to vote. 
 
 (3) The provisions of section 49 shall apply to cases pro- 
 vided for in this section. C. 0. 3, s. 50. 
 
ELECTIONS 275 
 
 51. In ease of an application by a person claiming to be vote of person 
 entitled to vote who is incapacitated by blindness or other mark'' 
 physicial cauSe from marking his ballot paper, the deputy 
 retiirning officer shall in the plain view of the candidates or 
 
 their agents or scrutineers (if present) cause the vote of such 
 person to be marked on a ballot paper for the candidate 
 directed by such person and shall cause the ballot paper to be 
 placed in the ballot box; and shall make a statement of the 
 fact including the name of the candidate for whom the vote 
 was cast opposite the voter's name on the poll book. C. O. 3, 
 s. 51. 
 
 52. If a person representing himself to be a particular Person 
 elector whose name already appears in the poll book as having under name 
 voted or as having refused to sign a statement applies to vote, 
 
 unless the deputy returning officer is aware that the person 
 who already presented himself to vote in that name had a 
 right to do so and that the person now presenting himself to 
 vote in the same name has also the right to do so or if directed 
 to do so by any candidate, agent or scrutineer he shall require 
 him to sign statement jSTo. 1 provided in form K of schedule 2 
 to this Ordinance and shall enter his name and residence in 
 the poll book, and shall give him a ballot paper as provided in 
 section 48 and shall before receiving from him his marked 
 ballot paper serve him with a notice in form M of schedule 2. 
 to this Ordinance ;' and the deputy returning officer shall also Procedure 
 cause a similar notice to be served on the person who had pre- 
 viously voted or applied to vote in that name. 
 
 (2) The provisions of subsections 3, 4 and 5 of section 49 Ballot, and^^ 
 shall apply to cases provided for in this section. C. O. 3, s. 52. ^""^g'" «"<''' 
 
 53. A person claiming to be entitled to vote who has inad-^|Eo°*uPed'''^ 
 vertently dealt with his ballot paper in such a way that it can- 
 not be conveniently used as a ballot paper on delivering to 
 
 the deputy returning officer the ballot paper so inadvertently 
 dealt with and proving the fact of the inadvertence to the 
 satisfaction of the deputy returning officer shall be given 
 another ballot paper in the place of the ballot paper so 
 delivered up ; and the deputy returning officer shall forthwith 
 destroy the spoiled ballot paper in the plain view of the candi- procedure 
 dates or their agents or scrutineers if present. C. O. 3, s. 53. 
 
 CLOSE OF POLL. 
 
 54. At the hour of five o'clock in the afternoon (standard Time of dose 
 time) the deputy returning officer shall declare the poll closed 
 
276 
 
 ELECTIONS 
 
 Sealing of 
 ballot box 
 
 and shall not allow any, more votes to be polled except the 
 vote of the person who may be in some part of the act of voting 
 at that hour. 
 
 (2) Immediately after the last ballot as above provided has 
 been placed in the ballot box, the deputy returning officer 
 shall fill up and securely seal the opening in the lid of the box 
 through which the ballots were inserted. 0. 0. 3, s. 54. 
 
 Entry of 
 objections 
 
 55. Immediately after the closing of the poll the deputy 
 returning officer shall enter .in the poll book a certificate that 
 his entries in the poll book are correct and shall also enter any 
 objections that the candidates or their agents or scrutineers 
 may desire to have entered as to the conduct of the poll or as 
 to its hour of closing. C. 0. 3, s. 65 and 1899, c. 3, s. 17. 
 
 COUNT BY DEPUTY EETUENING OFFICEE. 
 
 Opening of 
 ballot box and 
 papers 
 
 Count 
 
 56. The deputy returning officer shall then (in the presence 
 of the candidates or their agents or scrutineers or such of' them 
 as may be present) open the ballot box and count the number 
 of ballots contained therein; and shall note separately in the 
 poll book the number of ballots that have been placed in 
 envelopes and the unobjected ballots. 
 
 (2) After having made the entry in the poll book he shall 
 then proceed to open the unobjected ballots by breaking the 
 mucilage; and shall count the number cast for each candidate 
 according to the colour marked upon the front of each ballot 
 paper ; and shall enter the result of his count in the poll book. 
 
 Spoiled ballots (3) If from any cause the intention of any voter has not 
 been made apparent by the colour * * * of the mark 
 or marks on the ballot paper or if the ballot paper is not 
 marked with the initials of the deputy returning officer and 
 the stamp required by section 48 such paper shall be considered 
 a spoiled ballot paper; and all such spoiled ballot papers at 
 each polling place shall be kept separatey from the counted 
 ballots and shall be placed in a securely sealed package. 
 
 (4) If the number of ballot papers found in the ballot box 
 does not correspond with the number appearing in the poll 
 book as having been cast, the fact shall be noted in the poll 
 book. C. 0. 3, s. 56 and 1899, c. 3, s. 18. 
 
 Discrepancy 
 in number 
 of ballots 
 
 Duty of 
 deputy 
 returning 
 ofBcer after 
 count 
 
 57. The deputy returning officer shall then return all the 
 ballots to the ballot box and shall place within it a statement 
 signed by himself as deputy returning officer containing : 
 
 (a) The name and number of the polling division; 
 
JiJjJfiUTIOJNS 
 
 277 
 
 (6) The number of ballots cast at that polling place 
 according to the poll book ; and 
 
 (c) The number of ballots actually contained in the ballot 
 box ; 
 
 and he shall then securely lock and seal the same in the 
 presence of the candidates or their agents or scrutineers or in 
 their absence in the presence of any electors present; and 
 shall make out a statement in duplicate, one copy of which 
 he shall keep and shall transmit the other to the returning 
 officer, showing: 
 
 (d) The total number of votes cast ; 
 
 (e) The total number of the unobjected ballot papers cast 
 for each candidate; 
 
 (/) The number of spoiled ballots; 
 
 (g) The number of those the rightfulness of which is in 
 dispute; with 
 
 (h) The several names and nimibers appearing in the poll 
 book of the voters whose vote is disputed, and the 
 grounds on which each vote is disputed, and by and 
 on behalf of whom ; 
 
 a copy of which statement he shall deliver on demand to any 
 candidate, agent or scrutineer. C. O. 3, s. 57. 
 
 58. The deputy returning officer shall forward to the^e^turnto 
 returning officer by such means as may have been directed by"®"®'" 
 the returning officer : 
 
 (a) The ballot box; 
 
 (6) The authority under which he acted as deputy return- 
 ing officer; and the oaths of office of the deputy 
 returning officer and poll cleric ; 
 
 (c) The name of his poll clerk and the authority under 
 which he acted; 
 
 {d) The names of the agents and scrutineers representing 
 each candidate with the authority under which they 
 acted; and 
 
 (e) The statements provided for in the preceding section; 
 
 (/) All other documents relating to the election which 
 have been filed with or by him; and all materials 
 used by him and the statements made by voters and 
 the poll book, unless such statements and poll book 
 are required for the purposes of a court of revision. 
 0. O. 3, s. 58 and 1899, c. 3, s. 19. 
 
278 
 
 ELECTIONS 
 
 Time, place 
 a,ncl memtere 
 of court of 
 revision 
 
 Functions 
 
 Constitution 
 or court 
 
 COUET OF EEVISION. 
 
 59. At the time and place mentioned in the notice served 
 upon any voter as provided in sections 49, 50 or 52 (v?hich 
 time shall be as soon as may be and the place and building 
 used as polling place or another building as near thereto as 
 may be) the deputy returning officer sitting vs?ith a justice of 
 the peace whom he shall select or such justice as may have been 
 appointed to sit with him by the Lieutenant Governor shall 
 hear and dispose of any objections to the right of any voter 
 of which notice was given during the polling day as provided 
 in sections 49, 50 or 52. 
 
 (2) The deputy returning officer sitting with such justice 
 of the peace as above provided shall constitute a court of 
 revision within the meaning of this Ordinance : 
 
 Provided that whenever a question as to the validity of 
 the vote given by the deputy returning officer is to he decided^ 
 by the court of revision the said court shall he constituted hy 
 two justices of the peace sitting together. G. O. 3, s. 59 and 
 1899, c. 3, s. 20. 
 
 Powers of 
 court 
 
 60. The court of revision shall for the purpose set forth in 
 the preceding section have all the powers of a court of record 
 as to compelling the attendance of witnesses and their exam- 
 ination, the production of books and documents, and the taking 
 of evidence under oath at any sittings held by it; and such 
 court shall have generally for the purposes aforesaid all the 
 powers of any court of record in the Territories. C. 0. 3, 
 s. 60. 
 
 Compelling 
 attendance of 
 witnesses, 
 production of 
 docnments, 
 etc. 
 
 61. The court of revision or either of the members thereof 
 shall (on the application of any person who is supporting or 
 opposing any objection, complaint or application which is to 
 be considered at ■ any of the courts or sittings hereinbefore 
 provided for) issue a summons in the form 'N in schedule 2 
 to this Ordinance directed to any person required by such 
 applicant as a witness thereat commanding such person to 
 attend at such court or sittings and also commanding such 
 person to bring any papers or articles in the possession or 
 power of such person as may be required and to give evidence 
 at such court or sittings relating to any matter connected with 
 any such objection, complaint or application ; and (in the event. 
 of such person not so attending aft§r being served with such 
 summons and paid or tendered his proper witness fees accord- 
 ing to the scale allowed in tariff A of schedule 3 to this Ordin- 
 ance) may (on due proof of the service of the summons and 
 
ELECTIONS 279 
 
 of the payment or tender of the proper witness fees and on 
 receiving from the person causing the witness to be summoned 
 the fees for committing and conveying such witness to prison) 
 commit such witness to the common goal or other lawful place 
 of imprisonment for a term not exceeding one month ; and the 
 fees for such commitment and conveyance shall be the same as 
 when a person is committed to prison under a summary con- 
 viction. 
 
 (2) Before any summons is issued requiring the attendance Deposit to pay 
 01 a witness at the court of revision the person desiring the 
 attendance of such witness shall furnish the deputy returning 
 officer with such sum of money as will be sufficient to pay the 
 fees of the said witness as provided in the said tariff. C. 0. 3, 
 s. 61. 
 
 63. The person whose right to have voted is the subject of Right of voter 
 objection shall not be paid witness fees until the court decides 
 that he had a right to vote; and such witness fees shall be 
 paid to the deputy returning officer at or before the opening of 
 the court of revision by the person or persons at whose request 
 the inquiry is held, C. O. 3, s. 62. 
 
 63. If the person whose right to vote is the subject of Default ot 
 
 ^ ~ '' ^ appearance by 
 
 inquiry fails to appear personally or by agent according to voter 
 the notice received by him on polling day his vote shall be 
 disallowed and he shall be liable for the costs of all witnesses 
 summoned in respect of his case: 
 
 Provided that any candidate or the agent of any candidate 
 in the event of any such person failing to appear in person or 
 hy agent shall have the right to act as the agent of such 
 person. C. O. 3, s. 63 and 1899, c. 3, s. 21. 
 
 64. If at any time the person or persons at whose request withdrawal 
 the inquiry as to the rightfulness of any vote is being held*^ compam 
 notifies the deputy returning officer over his or their signa- 
 tures that he or they wish the inquiry as to such vote to cease 
 
 or in case the witness fees mentioned in section 61 of this 
 Ordinance are not paid to the deputy returning officer as 
 therein provided the inquiry shall cease forthwith and such 
 person or persons shall pay all fees of witnesses summoned by 
 the court of revision and the expenses of summoning such 
 witnesses up to the time at which he or they gave notice that 
 the inquiry should cease ; and such vote shall be allowed. C. 
 0. 3, s. 64. 
 
 65. In case any party to the inquiry requires a certified Proof of ^^^.^^ 
 copy of the certificate of naturalisation of any voter whose 
 
280 ELECTIONS 
 
 vote is in question to be produced at such inquiry, he shall 
 deposit with the deputy returning officer the necessary fees for 
 procuring the same from the clerk of the court or other officer 
 with whom such certificate of naturalisation is registered and 
 a sum sufficient to cover postage and postal registration in 
 sending for and forwarding such certified copy; and the 
 deputy returning officer shall thereupon forthwith send by 
 registered letter prepaid addressed to such clerk or other 
 officer the said fee and a sum sufficient to cover the postage 
 and postal registration to forward such certified copy together 
 with the address to which it is requested such certified copy 
 shall be sent, and a request to forward such certified copy to 
 such address ; upon receipt of which registered letter, fees and 
 postage such clerk or other officer shall forthwith by registered 
 letter prepaid, addressed as requested, forward a certified copy 
 of the certificate of naturalisation. 
 
 certificate of (2) l^othing in this section contained shall be held in any 
 a8 evidence Way to affect as evidence the validity of a certificate of 
 
 naturalisation at any time issued to the voter whose vote is in 
 
 question. C. O. 3, s. 65. 
 
 ki''peTson°OT ^^' -^J of the parties to any such inquiry may appear 
 by agent before the court of revision in person or by agent. C. 0. 3, 
 s. 66. 
 
 detfrraiied by ^^ ' ^hc questiou to be determined at any inquiry by the 
 court court of revision hereby constituted shall be whether any 
 
 statement made on polling day under the provisions of this 
 Ordinance by the voter whose vote is the subject of the 
 inquiry is false in whole or in part and if false in part in what 
 respect it is so false. 
 
 Stiment is ^^^ ^^ ^^ is- proved to the satisfaction of the court that any 
 proved false voter whose vote is the subject of inquiry has made any such 
 
 statement which is false in whole or in part the vote of such 
 Where ^°^®^ ^^^^^ ^® disallowed; but if it be proved to the satisfac- 
 
 PTOvSTrui^ *i°^ °^ ^"^^ ^^^^^ t^^t every such statement so made by such 
 
 voter is altogether true such vote shall be allowed. 
 
 prov^ing truth *^^) '^^^ burden of proving the truth of statements numbers 
 
 Noti^^Tf ^ ^^^ ^ °^ ^°^^'^ -^ ^^ "^^*^® ^y *^^ ^°^^^ s^^ll lie on him ; but 
 the person challenging the vote shall be at liberty to produce 
 evidence in rebuttal showing that such statements or either of 
 them if made by the voter or some part thereof is untrue. 
 
 ?rOT^ingtruth (*) ^^ ^^^ ^^ter has made statement number 2 of the said 
 
 of^statement f^j.^^ ^^ ^^^ j^g prima fade assumed to be a true statemnet; 
 
 and the burden of proving that it or any part of it is untrue 
 
ELECTIONS 281 
 
 shall lie on the person challenging the vote ; but the voter on 
 evidence being give to prove that the said statement or any 
 part of it is untrue shall be at liberty to adduce evidence in 
 rebuttal to show that it is true. 
 
 (5) The decision of the court shall be rendered in open Decisi9n to be 
 court and if the members of the court fail to agree it shall be ™urt "" °^''° 
 stated in open court. C. O. 3, s. 67. 
 
 68. Whenever (by reason of the absence of witnesses or Adjournment 
 other reasonable cause) it is impossible to hold or to conclude 
 
 the inquiry on the day stated in the notice given on polling 
 day, the court of revision shall cause the sitting to be adjourned 
 from day to day until the inquiry is concluded : 
 
 Provided that the court (in case the adiournment is asked ^^fenoe o 
 
 •' material 
 
 tor on the ground of the absence of material testimony, docu- ''^*"™°"y 
 mentary or otherwise) must be satisfied that the person whose 
 duty it was to procure such testimony has used reasonable 
 diligence to do so. C. O. 3, s. 68. 
 
 69. The court shall forthwith after concluding its labours Court to make 
 make a return of the decisions reached by it on the qualifica- decisions 
 tions of the several voters whose right to vote is the subject of 
 dispute; and if any vote has been disallowed it shall specify 
 
 on what ground it has been disallowed; that is, if it has been 
 disallowed on the ground that any statement made by the voter 
 is false, it shall specify the statement; if on the ground that 
 any such statement is false in part, it shall specify in what 
 particular it is so false ; and the court shall forward such return 
 to the returning officer duly certified by both members of the 
 court of revision, together with the poll books and statements 
 pertaining to the election. 
 
 (2) In case the members of the court of revision fail to where the 
 
 ^ ^ . court fails to 
 
 agree, the full copy of the evidence certified to by both mem- "gree, decision 
 
 ^ ? rj tj 1^0 be given by 
 
 bers of the court shall be forwarded with the return to therftuming 
 
 offlcer 
 
 returning officer who shall render a decision. 
 
 (3) As soon as may be after the arrival of the returns and Count by 
 
 1 1 n 1 returning 
 
 at least two days before he commences to count the ballots, the officer 
 returning ofiicer shall render his decision regarding any ballot 
 upon which the court of revision has failed to agree ; and shall 
 in said decision if he disallows the vo^,e state (as in subsection 
 1 of this section) on what ground he disallows it. C. 0. 3, 
 s. 69. 
 
 70. The court of revision (or the returning officer when theCourt^or 
 decision is made by him) may award costs to or against any officer may^ 
 
282 
 
 ELECTIONS 
 
 party to the application, which costs shall only be for witness 
 fees and expenses of summoning witnesses according to the 
 scale of fees in tariff A of schedule 3 to this Ordinance ; and 
 moneys deposited under the provisions of section 65 hereof and 
 the said costs may be levied by order of the said court or the 
 returning of&cer (as the case may be) by distress in the same 
 manner as distress is leviable upon a warrant issued on a 
 summary conviction. C. 0. 3, s. 70. 
 
 Expenses of 71. The expeuscs of holding the court of revision shall be 
 charged as a part of the general expenses of the election. C. 0, 
 3, s. Yl. 
 
 APPEALS. 
 
 Examination 7.3. As soon as the returning officer has received from any' 
 
 of'retarns'or deputy returning officer the papers mentioned in section 69 
 
 revii-ion hereof he shall on demand permit their examination by the 
 
 several candidates or their agents; and shall furnish to each 
 
 candidate or his agent a certified cony of raiy such document 
 
 that they may demand. C. 0. 3, s. 72. 
 
 Time tor 
 appeal 
 
 Security tor 
 costs 
 
 73. Appeals against the decision of the court of revision or 
 of the returning officer rendered under section 69 hereof may be 
 entered with the returning officer by any candidate or his 
 agent or by any person whose vote has been disallowed at any 
 time up to the hour of commencing the count of the votes by 
 the returning officer; and such appeal shall be entered by 
 notice in writing to the said returning officer : 
 
 Provided that no appeal shall be received by the returning 
 officer unless the sum of $10 is deposited with him as security 
 for the costs of the prosecution of such appeal. C. 0. 3, s. 73. 
 
 COUNT BY EETUENING OFFIGEE. 
 
 Custodyrof 
 ballot box 
 
 74. The returning officer shall have the custody of the 
 ballot box from the time it leaves the hands of the deputy 
 returning officer knd shall be subject to the penalty provided 
 in section 128 of this Qrdinance if it is opened by himself or 
 any other person until the day and hour appointed for the 
 counting of the votes or (in case the count is adjourned under 
 section 75 hereof) until the day and hour of such adjournment. 
 C. 0. 3, s. 74. 
 
 Production of 75. The returning officer at the place and on the day and 
 
 books, etc., at .,,,..,. , -^ 
 
 time fixed tor hour mentioned by him m his announcement on nomination 
 
 court 
 
ELECTIONS 283 
 
 day that a count would be held shall appear and produce the 
 poll books, statement sheets of the deputy returning officers, 
 statements of the courts of revision showing the result of the 
 objections made before them to the validity of any votes cast 
 and the ballot boxes of the several polling places. 
 
 (2) If all the returns have not been received from the Adjournment 
 deputy returning officers on the day appointed or if there are 
 not two clear days between the day of receipt of the last 
 return of the deputy returning officers or between the date of 
 the latest decision of the returning. officer under the provisions 
 of section 69 hereof and the day appointed for the count, the 
 returning officer may adjourn the count untila future day and 
 may again from time to time in the like case adjourn from day 
 to day until such returns are all-in and until a time when two 
 clear days have elapsed between the receipt of the last return 
 of the deputy returning officers or the last -decision of the 
 returning officer under said section 69, whichever may 'have 
 last happened. C. O. 3, s. 75. 
 
 76. The returning officer shall be provided with a suitable Record book 
 book to be called a "record book,"" in which he shall enter the 
 particulars required by this Ordinance to be kept on record. 
 C. O. 3, s. 76.^ 
 
 "y?,; The returning officer when the day and hour for The count 
 counting the votes has arrived (whether according to his 
 annoimcement on nomination day or in pursuance of any 
 adjournment) shall then appear at the place designated and 
 produce the proper book and material specified in section 75 
 hereof, and shall, begin with polling place number 1 and shall 
 note in his record book the number of ballots shown by the 
 deputy returning officer's report of the polling place to have 
 been cast ; and he shall then open the ballot box and count the 
 "umber of ballots contained therein. C. O. 3, s. 77. 
 
 78. If the number is not the same as that mentioned in the Di-;«^^X"r''' 
 return of the deputy returning officer, he shall make a note of 
 
 that fact. C. O. 3, s. 78. 
 
 79. He shall then first count and keep separately those count^^_^^^_^ 
 ballots regarding which an appeal has been finally entered, taJiots 
 entering the names, numbers and full particulars in his record 
 
 book. C. O. 3, s. 79. 
 
 80. He shall then count and keep separately in a sealed muegai^ 
 package the ballots which the court of revision has decided appealed 
 
284 
 
 ELECTIONS 
 
 were, illegally east winch are not the subject of appeal making 
 a full record of the same in his^ record book, and the said 
 ballots (without being removed from their envelopes) shall be 
 destroyed by fire at the close of the count in the presence of 
 the candidates or their agents if present. C. O. 3, s. 80. 
 
 (3) Good 
 ballots 
 
 81. He shall then count (without examination) and place in 
 an open vessel the ballots which have been already counted by 
 the deputy returning officer ; and shall enter the number in his 
 record book. C. 0. 3, s. 81. 
 
 <4i Spoiled 
 ballotB 
 
 83. He shall then count the spoiled ballots and enter the 
 number in his record book ; and shall examine them and shall 
 place such as he considers make apparent the intent of the 
 voter hy the colour of the' marJc or marks on the inside or front 
 of the ballot paper, and have been properly initialled and 
 stamped on the outside or back by the deputy returning officer 
 among the ballots already counted by the deputy returning 
 officer and shall enter the number in his record book ; and shall 
 keep separately' and place in a securely sealed package those 
 which he considers do not make apparent the intent of the 
 voter or are not properly initialled or stamped and shall enter 
 the number in his record book. C. 0. 3, s. 82 and 1899, c. 3, 
 s. 22. 
 
 (5 Ballots 
 appealed arid 
 sustained 
 
 83. He shall then open the envelopes containing the ballots 
 whose validity has been sustained by the court of revision or 
 by himself and against which no appeal has been entered as 
 provided in section 73 of this Ordinance; and after opening 
 each such ballot (without examination) and placing it amongst 
 the unobjected ballots shall enter the facts in full in his record 
 book. C. 0. 3, s. 83. 
 
 Coiint of votes 84. The returning officer (after mixing the ballots so that 
 those put in last shg,ll not be distinguishable) shall proceed to 
 open the ballots and count the number cast for each candidate. 
 C. 0. 3, s. 84. 
 
 Ballots that 
 are illegibly 
 marked 
 
 85. In case a ballot is so marked that it is difficult or 
 impossible to distinguish for which candidate it was intended 
 to be counted it shall be placed with the ballots which do not 
 make apparent the intent of the voter mentioned in section 82 
 hereof. 0. 0. 3, s. 85. 
 
 Aiinniince- 
 luentof resnlt 
 
 86. When all the ballots contained in the ballot box have 
 been counted, the returning officer shall announce the result 
 
ELECTIONS 285 
 
 and shall record the same in his record book; and shall proceed ?^?fo°t^j,'^°erf 
 to seal up in separate parcels the counted ballots and the spoiled 
 ballots ; and these parcels with the ballots still the subject of 
 appeal shall be returned to the ballot box which the returning 
 officer shall seal so that it cannot be opened without breaking 
 the seal; and the candidates or their agents shall also be 
 permitted to similarly affix their seals. C. 0. 3, s. 86. 
 
 87. The returning officer shall then proceed similarly with Continuation 
 the ballot box and returns of the second polling station and so 
 on until all the ballots cast in the electoral district have been 
 disposed of as hereinbefore provided. C. 0. 3, s. 87. 
 
 88. The returning officer shall then declare elected the Declaration ot 
 candidate for whom the largest number of ballots have beenpouing 
 counted ; and shall deliver to all the candidates or to the agent 
 
 of any candidate who may be present if the candidate is not 
 present a written statement declaring the said candidate duly 
 elected ; and such statement shall specify the number of ballots 
 counted for each candidate, the number of spoiled ballots and 
 the number still the subject of appeal. 
 
 (2) In case of a tie the returning officer shall give a casting procedure in 
 vote, which shall be entered in his record book. C. 0. 3, s. 88. 
 
 89. The returning officer shall then — ot^ttu^niSg 
 
 1. Cause all the ballot boxes, poll books, record books and 
 statements made by voters to be placed in the custody of the 
 sheriff of the judicial district in which the electoral district or 
 the largest part thereof is situated; 
 
 2. Hand over to the sheriff all- moneys received by him as 
 security for the costs in the prosecution of any appeals against 
 the decisions of the courts of revision or of himseK ; 
 
 3. ]!^otify the clerk of the supreme court for the judicial 
 district in which the electoral district or the largest part 
 thereof is situated of any appeals that have been entered 
 against any decision of the courts of revision or of himself ; 
 
 4. Forward to the clerk of the Executive Council — 
 
 (a) The writ of election; together with the oaths of 
 office of the returning officer and election clerhsj and 
 
 (h) A certificate in writing specifying the name of the 
 candidate declared by him elected; and 
 
 (c) All the books, papers, affirmations and other mater- 
 ials which have been returned to him, except such as 
 have been placed in the sheriff's hands as above 
 nrnvided. 
 
286 
 
 ELECTIONS 
 
 Candidate 
 
 deemed 
 
 elected 
 
 (2) The candidate so certified as elected shall be deemed to 
 be duly elected until and unless a judge upon appeal or recount 
 as hereinafter directed shall declare another candidate elected. 
 C. O. 3, s. 89, 1899 c. 3, s. 23. 
 
 HEAEING OF APPEALS. 
 
 Appeals to 
 judRe 
 
 90. Any clerk of the supreme court being notified as 
 provided in the last preceding section shall forthwith after 
 being so notified bring such notification before the judge of the 
 supreme court usually exercising jurisdiction in the judicial 
 district in which the electoral district or the largest part thereof 
 is situated; and such judge shall thereupon appoint a conven- 
 ient time and place within such judicial district to hear such 
 appeals and direct the clerk to give such notice to the persons 
 interested in such appeals as he may direct and in such manner 
 as he may direct; and the clerk shall give such notice accord- 
 ingly. C. 0. 3, s. 90. 
 
 Inquiry by 
 judge 
 
 Powers o( 
 judge 
 
 Clerk to 
 attend 
 
 91. The judge shall sit at the time and place so appointed 
 and hold an inquiry into the validity of the votes cast regarding 
 which appeals have been made; and shall hear such evidence 
 as may be adduced ; and may affirm or reverse, with costs the 
 decision of the court of revision or of the .returning ofiicer (as 
 the case may be) with respect to any such vote; and shall 
 render such judgment with respect to the validity of such vote" 
 as such court or returning officer ought to have rendered. 
 
 (2) The judge sitting in appeal shall be deemed a court and 
 shall have and exercise all the powers and authorities by this 
 Ordinance conferred upon the court of revision. 
 
 (3) The clerk of the supreme court for the judicial district 
 within which the judge is sitting shall attend at such sittings 
 and shall administer oaths to the witnesses, and otherwise act 
 as clerk of the court. C. 0. 3, s. 91 and 1899, c. 3, s. 24. ■ 
 
 subpcenaato 93. All subpoenas issued for the attendance of witnesses 
 
 be issued by , -^ . 
 
 clerk before such judge sitting in appeal shall be issued by the said 
 
 clerk under the seal of the supreme court for such judicial 
 district and shall be deemed to be issued out of such court. 
 
 Witness 
 
 failing to obey , , - . , , ^ ^ 
 
 subpoena and being paid or tendered 
 
 (2i) Any witness being duly served with any such subpoena 
 
 the fees and conduct money- 
 provided in tariff B in schedule 3 hereto who fails without, 
 reasonable excuse to obey the behests of such subpoena shall be 
 deemed to have committed a contempt of the supreme court. 
 
ELECTIONS 287 
 
 (3) In casti any such contempt is alleged to have been fg'^f^^™^"^ 
 committed application may be made to a judge of the said '^"^"'^^^ 
 supreme court usually exercising jurisdiction in such judicial 
 district sitting in chambers for a writ of attachment against 
 
 the person alleged to be guilty of such contempt; and such 
 application shall be founded upon such material as chamber 
 applications in such court are usually founded upon; where- 
 upon such judge shall proceed on such application according 
 to the chamber procedure in such court ; and if on the return 
 of the chamber summons and hearing the parties and evidence 
 adduced the judge shall be of opinion that a contempt has been 
 committed he shall order an attachment to issue out of such 
 court against the party offending; and such attachment shall 
 issue accordinaiy and the party shall be dealt with in the same 
 way that he would be dealt with under and by virtue of any 
 -^vrit of attachiiient if sued out according to the practice of the 
 court. 
 
 (4) If the judge is of bpinion that no contempt has been Judge may 
 committed he shall dismiss the summons with or without costs smnmons 
 as he may direct ; and any costs that are awarded shall be the CostG 
 same as are awarded by the practice of the court on similar 
 applications. C. O. 3, s. 92. 
 
 93. The ballot boxes, poll books, record books, statements of materiaUobe 
 voters and all material or forms used at or in relation to the ^^^'^'|^'p|<!y^ 
 polling place at which the vote appealed against was cast shall 
 
 be subject to the order of the judge during the trial of the 
 appeal. C. O. 3, s. 93. ' 
 
 94. The costs to be allowed in the case of such inquiry shall costs 
 be according to tariff B in schedule 3 to this Ordinance and 
 shall be taxed by the clerk and shall be chargeable in the first 
 place to the sum placed in the hands of the sheriff of the 
 jiidicial district: 
 
 Provided that the judge may instead (if the appeal is Proviso 
 sustained) order the costs or a part thereof to be paid by the 
 person whose vote is appealed against. C. O. 3, s. 94. 
 
 95. When the sum of $10 provided for in section 73 hereof Further 
 
 . , n • • deposit 
 
 has been applied in costs the judge may from time to time 
 require the deposit by the appellant of a further sum which 
 shall be fixed by him according to the probable expenses of 
 the case ; and if such deposit is not paid before continuing the 
 proceedings the appeal may be dismissed with or without costs 
 as the judge may direct. 
 
288 
 
 ELECTIONS 
 
 (2) If at the conclusion of the appeal a part of the sum or 
 
 Any part of 
 deposit 
 
 ItSr'applai ^ums deposited remains in the sheriff's hands after all orders 
 to be returned against it have been paid it shall be returned to the person 
 depositing tho same. C. O. 3, s. 95. 
 
 Withdrawal 
 of appeal 
 
 Costs 
 
 96. If at any titne the appellant notifies the judge over his 
 signature of his desire to withdraw an appeal the proceedings 
 in that appeal shall forthwith cease; and the balance of the 
 money deposited by the appellant after payment of the costs 
 of the court up to that time shall be returned to him; but if 
 there is not sufficient balance remaining to pay such costs the 
 judge may iu his discretion order the appellant to pay the 
 deficiency to such party as he may by his order direct. C. 0. 
 3, s. 96. 
 
 COUNT OF APPEALED VOTES BY JUDGE. 
 
 Duty of Judge 97. After the judge has concluded his inquiry as to all the 
 appeals ^^" appeals regarding the validity of ih^es cast which have been 
 
 brought before him and rendered his decision, unless a recount 
 
 has been demanded he shall — 
 
 Remove 
 appealed 
 ballots 
 
 Destroy 
 
 unlawful 
 
 ballots 
 
 Open lawful 
 ballots 
 
 1. Open a ballot box containing ballots which have been the 
 subject of appeal before him and remove such ballots only; 
 
 2. Destroy, without opening the envelopes, the ballots which 
 he has decided were unlawfully cast ; 
 
 3. Open the envelopes containing the ballots which he has 
 decided were lawfully cast and taking out the ballots place 
 them together in a vessel without examining them so that they 
 may be mixed together and not distinguishable one from the 
 other ; 
 
 Count of vote 4_ Take such ballots out of such vessel; open them and 
 count the ballots which have been cast for each candidate, 
 rejecting only such as do not make apparent the intent of the 
 voter, which ballots so rejected he shall destroy; 
 
 5. Keturn the ballots which he has counted to the ballot box 
 and securely lock and seal the same ; 
 
 6. Proceed similarly with each of the ballot boxes of the 
 electoral district containing ballots which have been the subject 
 of appeal; 
 
 Record of vote Y. Eccord the number of ballots the objection to which he 
 has sustained, the number cast for each ' candidate, and the 
 number rejected as not having made apparent the intent of 
 the voter ; 
 
 Counted 
 ballots 
 
 Continuation' 
 
ELECTIONS 289 
 
 8. Add to the total vote received by each candidate according Count of 
 
 to the return naade by the returning officer the number ofbaUots^ 
 appealed ballots which he has decided have been cast for each 
 candidate : 
 
 Provided that if a tie has occurred at the count bv the Pi's^'ois 
 
 rv> 1 1 . casting vote, 
 
 returning oincer and the returning officer has given a casting i* "^ny- "o'to 
 
 , 1 Ti 1 1 ' o be counted in 
 
 vote, such vote shall not be counted unless a tie occurs again 'i'"^' "=<>""' 
 in the count by the judge, in which case the vote of the 
 returning officer shall be counted for the candidate for whom 
 it was cast : 
 
 Provided further that if a tie has not occurred at the count pasting vote 
 
 11 • f¥> 1 T to be given by 
 
 by the returning omcer and does occur at the count bv the '^?S"'"n'ns 
 
 . , , „ ■' officer jf 
 
 ■judge the returning officer shall then forthwith give a casting ''e<i"i"'ed 
 vote upon being requested to do so by the clerk at the instance 
 ■of the judge ; 
 
 9. Declare elected the candidate who has received a majority Declaration 
 of all the ballots counted by himself and by the returning 
 officer; and 
 
 10. Certify in writing to the clerk of the Executive Council Certify reouit 
 the name of the candidate declared elected by him upon his Executive 
 ■count of appealed ballots as herein provided; and upon such 
 ■certificate being given (unless a recount is demanded) such 
 declaration shall be final and conclusive to all intents and Declaration 
 purposes subject to the provisions of The Controverted 
 Elections Ordinance. C. O. 3, s. 97. 
 
 98. Any order made by a judge acting on appeal shall be Enforcement 
 carried out and may be enforced as if it were an order of the judge 
 supreme court in the judicial district within which the judge 
 
 ■sits upon such appeal. C. O. 3, s. 98. 
 
 EECOUNT BY JUDGE. 
 
 99. Upon anv candidate or his agent placing in the hands of Demand of 
 
 ^ ■' . t . ■ nr\ J. recount 
 
 the sheriff of the judicial district mentioned m section 89 oi 
 this Ordinance the sum of $50 with a demand in writing for a 
 recount of the ballots cast in one or more polling divisions, any 
 judge of the supreme court usually exercising jurisdiction in 
 the judicial district where the election was held shall (after 
 having disposed of any appeal regarding the validity of ballots 
 that may have come before him) on application made to him as 
 hereinafter mentioned hold a recount. 
 
 (2) 'No aDDlication for a recount shall be entertained unless Deposit for 
 
 11 rt.K/-v 'JJ* j-l.' and time of 
 
 such application is accompanied by $50 as provided m this recount 
 section and is made within thirty days after the declaration of 
 12a 
 
290 
 
 ELECTIONS 
 
 election by the returning officer if no appeals have been made 
 from the decision of the court of revision or returning officer 
 to the judge; and if any such appeals have been made then 
 within thirty days after the judge has given his decision 
 regarding such appeals. 
 
 (3) The money deposited with a demand for a recount shall 
 be disposed of by order of the judge in defraying the necessary 
 expenses of holding the recount; and the remainder if any 
 shall be returned to the person who deposited it. 
 
 (4) The ballot boxes, poll books, books of record and other 
 orde?'o/judge materials or forms used at the polling place respecting which 
 
 the demand for a recoimt has been made shall be subject to the 
 order of the judge during such recount. C. O. 3, s. 99. 
 
 Disposition 
 ol deposit 
 
 Ballot boxes, 
 etc., to be 
 subject to 
 
 Time and 
 place o( 
 recount 
 
 100. Upon the party demanding a recount or any person on 
 his behalf satisfying the judge by affidavit verifying the 
 demand that a demand for a recount has been served on the 
 sheriff as hereinbefore provided and that the sum of $50 has 
 been deposited with such sheriff as provided in the last section 
 the judge shall sign an appointment fixing a time and place 
 within the said judicial district at which such recount shall be 
 held and shall in such appointment direct upon whom and in 
 what manner such appointment shall be served. C. 0. 3, 
 s. 100. 
 
 thereft"'^ 1^1- The judge shall attend at the • time and place so 
 
 appointed and upon being satisfied by affidavit that his appoint- 
 ment has been duly served upon the persons directed by him 
 to be served therewith he shall proceed with such recount: 
 i/rc™2nt not Provided however that it may be open to any candidate or 
 demanded or agent to show by evidence either viva voce or upon affidavit as 
 omitted the judge may direct that the demand for a recount was not 
 
 made or the sum of money was not deposited with the sheriff 
 as provided by section 99 hereof or was not deposited within 
 the time thereby prescribed; and upon the judge being satis- 
 fied that such demand was not so made or that such money 
 was not so deposited he shall so find; and shall file willi the 
 said sheriff a written finding to that effect signed by him ; and 
 thereupon the said recount shall be abandoned. C. 0. 3, 
 s. 101. 
 
 Count of 
 
 biilluts 
 
 102. In case the judge proceeds with the recount he shall 
 (in Ihe presence of such of the candidates of their agents 
 appointed as such iu writing as may be present) open one of 
 the ballot boxes regarding which a recount has been demanded 
 
ELECTIONS 291 
 
 and shall count the number of ballots contained therein; and 
 shall note the number in a book and shall place the ballots in 
 an open vessel. C. O. 3, s. 102. 
 
 103. The judge shall then proceed to examine and count Examination 
 the ballots for the several candidates as it shall appear to him of ballots 
 to have been the intent of the several voters marking the 
 
 ballots, rejecting only those by which the voter has not made niegai ballots 
 his intent apparent hy the colour of the mark or marlcs on the 
 inside or front of the ballot paper or which have not been 
 properly initialled or stamped on the outside or hack. C. O. 
 3, s. 103, and 1899 c. 3, s. 25. 
 
 104. The judge shall then return the ballots to the ballot Particulars to 
 
 '' °, be recorded 
 
 box from * * * which they were taken; and shall 
 securely lock and seal the same; and shall cause it to be Disposition 
 returned to the custody of the sheriff of the judicial district boxes after 
 in which the electoral district is situated. C. 0. 3, s. 104 and 
 1899, c. 3, s. 26 
 
 105. He shall then proceed similarly with each of the other other ballot 
 ballot boxes regarding which a recount has been demanded. 
 
 C. O. 3, s. 105. 
 
 106. to 111. * * * * * « 
 
 113. The costs of the recount * * * * beyond the Co^ste of ^^^ 
 amount of the deposit required by section 99 of this Ordinance 
 
 shall be charged to the general expenses of the election 
 according to such regulation as to fees and otherwise as may Election fees 
 be prescribed from time to time by the Lieutenant Governor 
 in Council. C. O. 3, s. 112 and 1899, c. 3, s. 28. 
 
 JJQ ^ * -X- * * * * 
 
 114. The judge shall prepare a statement showing— ^tu^gT^ 
 (a) The total number of ballots which the return of the 
 
 returning officer and the records of the count of 
 appealed ballots (if such has been held) showed 
 should be counted in the several classes in which they 
 are comprised ; 
 
 (&) The number of ballots actually counted by him; 
 
 {c) The nimaber rejected ; and 
 
 {d) The number counted for each candidate ; 
 
292 ELECTIONS 
 
 with a declaration of the election of the candidate receiving a 
 . majority of the votes cast which candidate shall forthwith be 
 
 His certificate ]^gi(j ^q ^q (j^|y elected; and such judge shall thereupon certify 
 in writing to the clerk of the Executive Council and to the 
 sheriff mentioned in section 89 hereof the name of the candi- 
 date declared elected by him on such recount ; and upon such 
 certificate being given such declaration shall be final and 
 conclusive to all intents and purposes subject to the provisions 
 of The Controverted Elections Ordinance. 
 
 In case return (2) In case a candidate declared elected by the judge is other 
 
 filtered, no v v ^^ 
 
 liability on than the one declared elected by the returning officer no penalty 
 
 person first "^ i ^ j. j i j 
 
 returned or. damages shall be incurred by the person at nrst decfarea 
 elected by reason of any act done by him as duly elected 
 representative of the electoral district. 
 
 In case of a tie (^^^ The Casting vote of the returning officer (if he has given 
 one) shall not be counted by the judge in such recount unless 
 there shall be a tie on the said recount in which case the casting 
 vote of the returning officer shall be counted as having been 
 cast for the candidate for whom it was cast the first time he 
 cast it. -^ 
 
 Srequfred'* (^) If' the returning officer has not given a casting vote and 
 the recount of the judge results in a tie, the returning officer 
 shall forthwith on the written request of the judge give a 
 casting vote. C. 0. 3, s. 114. 
 
 MISCELLANEOUS. 
 
 ■^d'^'^ua^H^d ll^' Whenever the judge usually exercising jurisdiction 
 toact*''*^ in the judicial district in which the election is held is disquali- 
 fied by reason of relationship to any of the parties interested 
 or from any other cause from acting either on an apppeal or on 
 a recount or is unable from sickness, absence, or any other 
 cause to act on any appeal or recount, any other duly qualified 
 judge of the supreme court may act in his stead. C. 0. 3, 
 s. 115. 
 
 to°resfi:'^'^^'^ 116. Iso candidate shall be permitted to resign after the 
 p?ooeeding8 close of the polling until the question as to which candidate has 
 been elected has been finally determined by virtue of the 
 provisions of this Ordinance. C. O. 3, s. 116. 
 
 to°res^n'^*'^ 117. ISTo person elected a member of the Legislative 
 efecHon Assembly sliall be permitted to resign his seat pending any 
 
 petition proceedings against him under The Controverted Elections 
 
 Ordinance C. 0. 3, s. 117. 
 
ELECTIONS 293 
 
 118. When all proceedings in any way affecting the election Duty of sheriff 
 are concluded, the sheriff to whom the ballot boxes, poll books, proceedings 
 record books and statements made by voters were delivered 
 
 under the provisions of section 89 hereof shall return such 
 ballot boxes, poll books, record books and statements made by 
 voters to the clerk of the Executive Cotmcil with a certificate 
 that such proceedings are concluded; and such clerk shall 
 thereupon open the said ballot boxes and destroy the ballots 
 therein with fire. C. O. 3, s. 118. 
 
 119. The clerk of the Executive Council (on receiving the Notice of 
 return from the returning officer of the name of the candidate published in 
 elected if no poll has been held or if a poll has been held on 
 receiving from the sheriff the certificate mentioned in the last 
 preceding section) shall as soon as he can conveniently do so 
 
 give notice in the official gazette of the Territories of the name 
 of the candidate elected and shall also give notice to the clerk of 
 the Legislative Assembly. C. O. 3, s. 119. 
 
 FEES AND EXPENSES OF EETUKNING OFFIOEES^ ETC. 
 
 130. Except as hereinafter provided the fees in tariff C in Fees to 
 schedule 3 to this Ordinance mentioned in respect to the 
 several matters therein contained and no others shall be allowed 
 
 to the several officers and persons therein mentioned respec- 
 tively, for the services and disbursements in the said schedule 
 mentioned. C. O. 3, s. 120. 
 
 131. Where no specific leqislative appropriation has been To be paid 
 
 ■ 1 ^ Ti 1 J- 1 by warrant 
 
 made for so doing the said fees, allowances and disburse- 
 ments, together with reasonable expenses incurred for services 
 rendered under this Ordinance shall be paid over by warrant 
 of the Lieutenant Governor directed to the Territorial Treas- 
 urer out of the general revenue fund of the Territories ; and 
 shall be distributed to the several officers and persons entitled 
 to the same under the provisions of this Ordinance through the 
 said Treasurer. 0. O. 3, s. 121 and 1899, c. 3, s. 29. 
 
 133. Anything to the contrary in this Ordinance notwith- Reasonable^ 
 standing the Lieutenant Governor in Council may direct the extraordinary 
 payment * * * of such sums (over and above the 
 allowance authorised by the two next preceding sections of this 
 Ordinance) as may be required to pay the expenses reasonably 
 incurred by any person for services rendered under this 
 Ordinance and also reasonable fees and allowances for any 
 extraordinary services rendered by any person thereunder. 
 C. 0. 3, s. 122 and 1899, c. 3, s. 30. 
 
294 
 
 ELEOTIOITS 
 
 PENALTIES. 
 
 Acts 
 prohibited 
 
 Give, etc., 
 consideration 
 to induce 
 voter to vote 
 or refrain 
 from voting 
 
 Give place or 
 employment 
 to induce 
 voter to vote 
 or refrain 
 from voting 
 
 Make gift, 
 etc., in order 
 to procure 
 return of 
 any person 
 
 Advance, etc. 
 money for 
 above 
 purposes 
 
 Make use of 
 force, etc., to 
 Induce voter 
 to vote or 
 refrain from 
 voting 
 
 Penalty 
 
 133. No person shall directly or indirectly by himself or 
 by any other person on his behalf do or commit any of the 
 following acts : 
 
 1. Give, lend or agree to give or lend or offer or promise any 
 money or valuable security or promise to procure or endeavour 
 to procure any money or valuable consideration to or for any 
 voter or to or for any other person in order to induce any voter 
 to vote or refrain from voting at any election ; 
 
 2. Give or procure or agree to give or procure or offer or 
 promise any office, place or employment or promise to procure 
 or to endeavour to procure any office, place or employment to 
 or for any voter or to or for any other person in order to induce 
 any voter to vote or refrain from voting at any election; 
 
 3. Make any gift, loan, offer, promise, procurement or agree- 
 ment as aforesaid to or for any person in order to induce such 
 person to procure or endeavour to procure the return of any 
 person as a member of the Legislative Assembly or the vote of 
 any voter at any election ; 
 
 4. Advance or pay or cause to be advanced or paid any 
 money to or for the use of any other person v^ith the intent 
 that such money or any part thereof shall be expended for any 
 of the purposes mentioned in the preceding parts of this section 
 or knowingly pay or cause to be paid any money to any person 
 in discharge or repayment of any money wholly or in part 
 expended for any of the said purposes ; 
 
 5. Make use of or threaten to make use of any force, 
 violence or restraint or inflict or threaten the infliction by 
 himself or by or through any other person of any injury, 
 damage, harm or loss or in any manner practice intimidation 
 upon or against any person in order to induce or compel such 
 person to vote or refrain from voting or on account of such 
 person having voted or refrained from voting at any election 
 or by abduction, duress or any fraudulent device or contrivance 
 impede, prevent or otherwise interfere with the free exercise 
 of the franchise of any voter or thereby compel, induce or 
 prevail upon any voter either to give or refrain from giving 
 his vote at any election. 
 
 (2) Any person convicted of a breach of this section shall 
 be liable to a penalty not exceeding $200. C. O. 3, s. 123. 
 
ELECTIONS 295 
 
 124. No candidate shall by himself or by or with any other No candidate uJi. 
 person or by any other ways or means on his behali at anyforexpenses^a,;-. 
 
 •^ "' -^ . •' ■' incurred for 
 
 time either beiore or during any election directly or indirectly ™eat, etc., in 
 
 ^ . order to be 
 
 give or provide or cause to be given or provided or be accessory elected 
 to the giving or providing or pay wholly or in part any expense 
 incurred for any meat, drink, refreshment or provision to or 
 for any person in order to be elected or for being elected or for 
 the purpose of influencing such person or any other person to 
 give or refrain from giving his vote at such election ; and any Penaitj 
 such candidate convicted of contravening this section shall be 
 liable to a penalty not exceeding $200. C. O. 3, s. 124. 
 
 135. No candidate shall nor shall any person on his behalf No candidate 
 
 , . . , - 1 , • to pay for 
 
 hire, promise to pay or pay for any horse, team, carriage or horse hire 
 
 other vehicle to convey any voter or voters to or from the poll 
 
 or to or from the neighbourhood thereof at any election or pay 
 
 or promise to pay the travelling or other expenses of any voter 
 
 in going to or returning from any election; and any person pg^^^^j^y 
 
 convicted of contravening this section shall be liable to a 
 
 penalty not exceeding $100. C. O. 3, s. 125. 
 
 136. If any court, iudge or other tribunal sitting or holding Election shall 
 
 •' ^ ^, ^ , , 7 -m _!• /-I 7- be voided for 
 
 an inquiry under The Controverted Ji Lections Crainance iiiegai acts 
 
 • /-N -1 1 T n °' candidate 
 
 reports to the clerk of the Executive Council that any candidate 
 at an election has by himself or by his agent whether with or 
 without the actual knowledge and consent of such candidate 
 committed any act in contravention of sections 123,124 or 125 
 of this Ordinance, the election of such candidate (if he has 
 been elected) shall be an undue election and shall be void and 
 shall be set aside and a new writ of election shall be issued to 
 fill the vacancy so created unless such court, judge or other 
 tribunal certifies that another candidate was duly elected at 
 such election in the stead of the candidate whose election is so 
 voided. C. O. 3, s. 12,6. 
 
 131. ISTo person shall before or during any election directly niegai acts 
 or indirectly himself or by any other person on his behalf do 
 or commit any of the following acts : 
 
 1. Eeceive, agree, contract or ask for any money, gift, loan ^^-J^v;,;-;;^^^^- 
 or valuable consideration, office, place or employment for him-I::;,;;;;',^^';.';,^ 
 self or any other person for voting or agreeing to vote or for voting 
 refraining or agreeing to refrain from voting at any election ; 
 
 2. Eeceive or ask for any money or valuable consideration Becej>-o^^.^_^ 
 for liaving voted or refrained from voting or for having for^having 
 induced any other person to vote or refrain from voting at any 
 election ; 
 
296 
 
 ELECTIONS 
 
 Hire horse to 
 candidate or 
 agent 
 
 Penalty 
 
 3. Hire or offer for hire any horse, team, carriage or other 
 vehicle to any candidate or to any agent of any candidate for 
 the purpose of conveying any voter or voters to or from the 
 pulling place or to or from the neighbourhood thereof. 
 
 (2) Any person convicted of a breach of this section shall be 
 liable to a penalty not exceeding $200. C. O. 3, s. 127. 
 
 Failure of 
 officials to 
 carry out 
 duty 
 
 Penalty 
 
 Improper use 
 of stamp 
 
 Improper 
 conduct 
 of voter 
 
 Penalty 
 
 128. Any person appointed as returning officer, election 
 clerk, deputy returning ofScer or poll clerk, who fails to carry 
 ~- out any of the duties imposed upon him by this Ordinance or 
 who contravenes any of its provisions shall be liable to a fine 
 not exceeding $500 and costs or to imprisonment for a term 
 not exceeding one year or both. 
 
 (2) Any deputy returning officer or poll clerk or any other 
 person -who uses the stamp mentioned in section 48 of this 
 Ordinance to mark any ballot paper other than the one handed 
 to the voter by the deputy returning officer or poll clerk as 
 provided in the said section 48 shall be subject to the penalty 
 provided in the first part of this section; and in any proceed- 
 ings taken hereunder proof that any ballot paper has been 
 stamped other than as provided in the said section 48 shall be 
 held to be prima facie evidence that such ballot paper was so 
 stamped by the deputy returning officer or if the poll clerk 
 was acting for the deputy returning officer then by such poll 
 clerk. 
 
 (3) If any person fails to return to the deputy returning 
 officer the ballot paper or each of the pencils handed to him by 
 the deputy returning officer as provided in the said section 48 
 or hands to the deputy returning officer to be placed in the 
 ballot box any paper other than the ballot paper as provided 
 in the said section or by any means places or causes to be 
 placed in the ballot box any ballot paper other than as pro- 
 vided in the said section or by any means takes or causes to be 
 taken from a ballot box any ballot paper except as directed 
 under the provisions of this Ordinance or defaces or destroys 
 any ballot paper after its having been initialled or stamped 
 by the deputy returning officer except as provided in section 
 53 hereof shall be liable to the penalty provided in the first 
 part of this section. C. O: 3, s. 128. 
 
 Improper 139. Unless in this Ordinance otherwise provided any other 
 
 otMer persona person than those mentioned in the preceding section who con- 
 travenes any of the provisions of this Ordinance or attempts in 
 any way to hinder its provisions from being carried out shall 
 
ELECTIONS 297 
 
 be liable to a fine not exceeding $100 and costs or to imprison- Penalty 
 ment for a term not exceeding three months or both. C. O. 3, 
 s. 129. 
 
 130. If the number of ballots found in the ballot box of any Discrepancy 
 polling division at the count by the deputy returning officer is ot baiiota 
 not the same as the number shown by the poll book of that 
 polling division to have been cast, the deputy returning officer 
 
 and poll clerk shall each be liable to a fine of $100 and costs or 
 
 . . » 1 • 1 Penalty 
 
 to imprisonment for a term not exceeding three months or 
 both: 
 
 Provided however if during the trial of the complaint it can Proviso 
 be shown that the discrepancy was caused by some person or 
 persons other than the deputy returning officer or poll clerk 
 they may be relieved from the aforesaid penalty. C .0. 3, 
 s. 130. 
 
 131. Any person who attempts to violate the secrecy of the vioiation^of 
 ballot by marking a ballot in a peculiar manner or by showing ballot 
 
 it to any one after its being marked or instigating any voter to 
 peculiarly mark or to show his marked ballot shall be liable to Penalty 
 a fine not exceeding $100 and costs or to imprisonment for a 
 term not exceeding three months or both. C. O. 3, s. 131. 
 
 133. Everyone who at an election of a member of the ^"'^"o^™""® 
 Legislative Assembly does any of the following acts that is to 
 say: 
 
 (a) Applies to vote in the name of some other person Personation 
 whether such name is that of a person living or dead 
 
 or of a fictitious person; or 
 
 (b) Having voted once at any such election applies to vote 
 at the same election in his own name, 
 
 is guilty of an offence and liable to a penalty not exceeding 
 $100. C. O. 3, s. 132. 
 
 133. Penalties under this Ordinance may be recovered onKecoveryof 
 summary conviction before two justices of the peace. C. O. 3, 
 
 s. 133. 
 
 134. The provisions of schedule 1 hereto shall be read as ^''''^^^i^ ^o. i 
 part of this Ordinance. 0. O. 3, s. 134. 
 
298 ELECTIONS 
 
 SCHEDULE 1. 
 
 BALLOT PAPEE. 
 
 1. The ballot paper used at all elections under the provisions 
 of this Ordinance shall be of white colour, of good cardboard, 
 measuring an inch by two inches, having a crease cut half way 
 through the cardboard midway between the two ends on the 
 side which. shall be used as the back of the ballot-paper; and 
 on the front of the ballot paper at one end and on one side 
 mucilage shall be placed so that when the mucilage is wetted 
 and the ballot paper folded according to the crease appearing 
 on the back the mucilage will cause it to remain folded. 
 
 BALLOT BOS. 
 
 2. The ballot box shall be of metal or wood, and shall be a 
 cube of not less than six inches on the outside, except that the 
 lid may project half an inch over the box on the side at which 
 it is locked. 
 
 Metal. — If the ballot box is made of metal, the four sides 
 and bottom shall be joined together by a folded joint so as 
 to be perfectly water-tight. The lid shall be fastened to the 
 box at one of the sides by a hinge or hinges, which shall 
 be securely riveted and soldered or brazed to both the lid and 
 the box. On the outside of the box opposite the hinges shall 
 be fastened a metal staple in such a manner that it can only be 
 removed by cutting it off or by cutting away part of the box. 
 On the same side of the lid shall be two corresponding staples 
 fastened as above provided so that when the box is closed the 
 hook of a padlock may pass through all three of the staples, 
 so as to hold the lid of the box tightly and securely closed. 
 
 Wood. — If the ballot box is made of wood, the sides shall be 
 fastened together with rivets and the hiiiges shall be fastened 
 on with the same, so that the sides cannot be taken apart or 
 the hinges taken off without cutting the rivets or cutting away 
 the wood of the box. The staples necessary to securely fasten 
 the lid of the box, as provided in the case of metal ballot 
 boxes, shall be riveted in their places so that they cannot be 
 removed without cutting the rivets or cutting away the wood 
 of the box. 
 
 Opening. — There shall be an opening in the lid of the ballot 
 box one and one-quarter inches in length by one quarter of an 
 inch in width, tlirough which opening the ballots shall be 
 
ELECTIONS 299 
 
 placed in the box, and there shall be no other opening in the 
 material of which the box is composed when the lid is closed. 
 There shall be provided a piece of cork or wood to completely 
 fill the opening and sealing wax to securely seal over the 
 opening as soon as the poll has been closed. 
 
 Padlock. — There shall be a padlock provided for each 
 ballot box used at the election, and each padlock shall differ 
 from every other one used at that election, so that the key 
 used for one lock will not open any other lock used on a ballot 
 box at that election; and only one key for each padlock shall 
 be forwarded to any returning officer. 
 
 Names. — The name of the electoral district and the name 
 and number of the polling division at which the ballot box is 
 used shall be plainly painted or otherwise securely marked on 
 it, so that it may be easily distinguished from the ballot box 
 of any other polling place. 
 
 ENVELOPES. 
 
 3. The envelopes required for the purpose of enclosing dis- 
 puted ballots shall be of paper sufficiently tough so that in 
 writing upon the said envelopes the particulars required by this 
 Ordinances the pen or pencil used may not penetrate or tear 
 the paper. The envelopes shall be made with one end open and 
 with a flap at that end upon which there shall be mucilage, so 
 that by wetting the mucilage and folding the flap over, as with 
 an ordinary envelope, the envelope will remain closed. 
 
 PENCILS. 
 
 4. The pencils used under the provisions of sections 26 to 53 
 inclusive of this Ordinance shall he of colour as follows in each 
 electoral district : If there are two candidates the colours shall 
 be hlue and red; if three, yellow shall he added; if four, hlacTc 
 shall he added; if five, brown shall he added; if six,' green shall 
 he added; and if there are more than six, such additional 
 colours of pencils shall he provided as the Lieutenant Governor 
 may direct. The handle of each pencil shall be of wood and 
 shall not he less than six inches in length and of sufficient 
 thickness to enable the name of any candidate to he placed 
 upon one side in characters not less than three-eighths of an 
 inch in depth. The wood of the pencil shall he painted the 
 same colour as that of the marking material it contains, which 
 shall be inserted securely in the handle so that it caniiot he 
 removed without cutting or breaking away the wood. 
 
300 
 
 ELECTIONS 
 
 STAMPS. 
 
 5. The stamp used under the provisions of sections 26 and 
 48 of this Ordinance shall be made of rubber or other similar 
 material, and shall be of a design differing in form for each 
 general election. The stamp shall be forwarded to each return- 
 ing officer in a separate packet securely fastened and sealed so 
 that it will be impossible to discover the design of the stamp 
 without breaking the seal on the packet. C. O. 3, Schedule 1, 
 and 1899, c. 3, s. 31. 
 
 m 
 
 SCHEDULE 2. 
 FOEM A. 
 
 Writ of Election. {Sec. J/..) 
 
 To of 
 
 the Electoral District of in the North-West 
 
 Territories : 
 
 Whereas His Honour the Lieutenant Governor of the !N"orth- 
 West Territories has seen fit under and by virtue of the pro- 
 visions of The Territories Elections Ordinance to order the 
 issue of a Writ of Election for the said Electoral District of 
 
 addressed to you, whom he has been 
 pleased to select to perform the duties of Eeturning Officer; 
 
 You are therefore commanded that you do cause election to 
 be made, according to law, of a member to serve in the Legis- 
 lative Assembly of the North-West Territories for the said 
 Electoral District of ; that you do cause 
 
 the nomination of candidates at such election to be held at 
 
 in the said Electoral District on 
 the day of next ; and 
 
 that you do cause the name of such member, when so elected, 
 to be certified to me. 
 
 Given under my hand at Eegina in the said North-West 
 Territories this day of 1 
 
 Clerh of the Executive Council. 
 
 INDOUSEMENT. 
 
 Eeceived the within writ on the day of 
 
 1 
 
 A.B., 
 Returning Officer. 
 
ELECTIONS 301 
 
 FOEM B. 
 
 Oath of Returning Officer. {Sec. 5.) 
 
 I, the midersigned A.B., Eeturning Officer for the Elec- 
 toral District of ^ solemnly- swear {or if 
 he is one of the persons permitted hy law to affirm in civil 
 cases, solemnly affirm) that I am legally qualified according 
 to law to act as Eeturning Officer for the said Electoral Dis- 
 trict of , and that I will act faithfully in that 
 capacity, without partiality, fear, favour or affection. So help 
 me God. 
 
 A.B., 
 
 Returning Officer. 
 Sworn {or affirmed) before me 
 
 at in the ISTorth- 
 
 West Territories this day 
 
 of A.D. 1 
 
 {Signature of officer administrating oath.) 
 
 Certificate of Returning Officer having taken oath of office 
 strucJc out under Sec. 33 of Cap. S of 1899. 
 
 EOEM C. 
 
 Commission of an Election Clerk. {Sec. 6.) 
 
 To E.F. {set forth his legal addition and residence) . 
 
 Know you that in my capacity of Eeturning Officer for the 
 Electoral District of , I have appointed and 
 
 do hereby appoint you to be my election clerk, to act in 
 that capacity according to law, at the approaching Election 
 for the said Electoral District of , which election 
 
 will be opened by me on the day of the month of 
 
 1 
 
 Given under my hand this day of 
 
 in the year 1 
 
 A.B., 
 
 Returning Officer. 
 
 EOEM D. 
 Oath of Election. {Sec. 8.) 
 
 I, the undersigned E. F., appointed Election Clerk for the 
 Electoral District of ,solenmly swear {or if he is 
 
302 ELECTIONS 
 
 one of the persons permitted by law to affirm in civil cases, 
 solemnly affirm) that I will act faithfully in my said capacity 
 as Election Clerk, and also in that of Eetuming Officer if 
 required to act as such according to law, without partiality, 
 fear, favour or affection. So help me God. 
 
 E.F., 
 Election Cleric. 
 Sworn (or affirmed) before me 
 
 at in the ISTorth- 
 
 West Territories this day 
 
 of A.D. 1 
 
 (Signature of officer administrating oath.) 
 
 Certificate of Election Cleric having taken oath of office 
 struck out under Sec. SS of Cap. 3 of 1899. 
 
 FOKM E. 
 
 Notice of Election given hy the Clerk of the Executive Council. 
 
 (Section Sa.) 
 
 The Teeeitoeies Electioits Oedinance. 
 
 Public notice is hereby given that His Honour the Lieuten- 
 ant Governor has been pleased, under the authority of The 
 Territories Elections Ordinance, to direct the issue of Writs 
 of Election, bearing date the day of 
 
 1 , to the persons hereafter to be named, commanding each 
 of them to cause election to be made, according to law, of a 
 member to serve in the Legislative Assembly of the North- 
 West Territories for the Electoral Districts in which they are 
 respectively appointed Returning Officers ; and that in order 
 to comply with the requirements of the aforesaid Writs of 
 Election the presence of the Electors of each such Electoral 
 District is required at the place named below as the place in 
 the Electoral District where nominations are to be made, on 
 the day of the month of. , 1 , from 
 
 eleven of the clock in the forenoon until twelve of the clock at 
 noon (standard time) for the purpose of nominating a person 
 to represent them in the Legislative Assembly of the North- 
 West Territories ; and that in case more than one candidate . 
 remains in nomination in any Electoral District the poll will 
 be opened and held on the day of the month 
 
 of , 1 , from the hour of nine of the clock in 
 
ELECTIONS 303 
 
 the forenoon until five of tlie clock in the afternoon in each 
 polling division of such Electoral District as may be set apart 
 by the Returning Officer under the provisions of the said 
 Ordinance. 
 
 The above mentioned Writs of Election are directed as 
 follows, namely: 
 
 To A.B., Returning Officer for the Electoral District of C, 
 nominations to be made at D (describing with reasonable 
 certainty the location of the building luithin which nomina- 
 tions are to be made.) 
 
 (And so continuing for all the other Electoral Districts in 
 which elections are ordered.) 
 
 Of which all pjersons are hereby required to take notice and 
 govern themselves accordingly. 
 
 E. F., 
 Cleric Executive Council. 
 
 Dated at the Executive Council Chamber this 
 day of 1 . 1899, c. 3, s. 32. 
 
 FORM F. 
 
 Nomination Paper. (Sec. 15.) 
 
 We, the undersigned electors of the Electoral District of 
 hereby nominate (name, residence and 
 addition of the person nominated and present location if absent 
 from the Electoral District) as a candidate at the election now 
 about to be held of a member to represent the said Electoral 
 District in the Legislative Assembly of the North-West Terri- 
 tories. (If the person noimnated is absent from the Electoral 
 District it must be stated here. ) 
 
 Witness our hands this day of 1 
 
 (Signature with residence and additions.) 
 
 Signed by the above subscribed electors before me 
 
 A.B., 
 , Justice of the Peace, Commissioner for 
 tahing affidavits. Notary Public or 
 Returning Officer, as the case may be. 
 
 I, the said CD., nominated in the foregoing nomination 
 paper, hereby consent to such nomination. 
 
 Signed in the presence of | 
 
 Name of witness to candidate's I Name of candidate. 
 signature. E.F. j : 
 
304 ELECTIONS 
 
 FOKM G. 
 
 Information to Electors. (Sees. 2J,, 28, 33.) 
 
 The persons qualified to vote are male British subjects by 
 birth or naturalisation (other than unenfranchised Indians) 
 who have attained the Ml age of twenty-one years and who 
 have resided in the ]Srorth-West Territories for at least the 
 twelve months and in the Electoral District for at least the 
 three months, respectively, immediatelj preceding the time of 
 voting. 
 
 An elector can vote only at the polling place for the polling 
 division in which he resides. 
 
 The voter is to vote only for one candidate. 
 
 The voter after receiving his ballot paper and the pencils 
 provided for marking the said ballot paper from the deputy 
 returning officer will go into the inner room of the polling 
 place, select from the pencils provided the one of the colour 
 representing the candidate for whom he desires to vote and 
 bearing his name, and with such pencil shall make a mark in 
 the form of an X on the blank face of the ballot paper. 
 
 The voter will then fold the ballot paper at the crease there- 
 on so that the mark made by him will be folded inwards. He 
 will then moisten the gum or mucilage on the ballot paper and 
 press the gummed end to the end against which it is folded, 
 causing it to adhere thereto. The voter* will then deliver the 
 ballot paper with the aforesaid pencils to the deputy returning 
 officer who will place the paper in the ballot box. The vofer 
 will then forthwith quit the polling s cation. 
 
 If a voter inadvertently spoils a ballot paper he may return 
 it to the proper officer who, on being satisfied of the fact, will 
 give him another. 
 
 If a voter votes for more candidates than he. is entitled to 
 vote for or more than once for any candidate his vote will be 
 void and cannot be counted, and he shall be liable to a fine of 
 $100. 
 
 Any voter who attempts to violate the secrecy of the ballot 
 by marking his ballot paper in a peculiar manner, or by show- 
 ing it to any person after marking it, and any person who 
 instigates any voter so to mark his ballot oT to show such ballot 
 after being marked shall be liable to a fine of $100. 
 
 FOEM H. 
 
 Oath of Deputy Returning Officer. (Sec. 25.) 
 
 I, the undersigned G.H., appointed Deputy Keturning 
 Officer for the polling division No. of the Electoral 
 
ELECTIONS 305 
 
 District of , solemnly swear (or, being one of the 
 
 persons permitted by law to affirrn in civil cases, solemnly 
 affirm) that I will act faithfully in my said capacity of 
 Deputy Keturning Officer without partiality, fear, favour or 
 affection. So help me God. 
 
 G.H., 
 Deputy Returning Officer. 
 
 Sworn before me, etc. 
 (Signature of officer administrating oath.) 
 
 Certificate of a Deputy Returning Officer having taken the 
 oath of office struck out wider Sec. S3 of Cap. 3 of 1899. 
 
 FORM I. 
 Oath of Poll Clerk. (Sec. 21.) 
 
 I, the undersigned I.J., appointed Poll Clerk for the polling 
 division !N^o. , of the Electoral District 
 
 of do silemnly swear (or, if he is one of the 
 
 person^ permitted by law to affirm in civil cases, do solemnly 
 affirm) that I will act faithfully in my capacity of Poll 
 Clerk, and also in that of Deputy Keturning Officer if 
 required to act as such according to law, without partiality, 
 fear, favour or affection. So help me God. 
 
 I.J., 
 
 Poll Clerk. 
 
 Sworn before me, etc. 
 (Signature of officer administrating oath.) 
 
 Certificate of Poll Clerk having taken the oath struck out 
 under Sec. 33 of Cap. 3 of 1889. 
 
306 
 
 ELEOTIONS 
 
 .S <! 
 
 
 SQ 
 
 W 
 
 ° 2 
 m 
 
 o 
 
 V 0) 
 
 
 o o 
 
 5» 
 
 •^.s 
 
 
 Sb5. 
 
 nil 
 
 «S 
 
 SI'S 
 
 
 P=:^ 
 
 
 (l"d^ rt 
 
 0)73(3 « 
 ■■£=2 8 £o) 
 
 .■S c 
 2;mS 
 
 
 E-o o 
 
 0) o 
 
 §1, 
 
 o 
 
 B«5 
 
 {<] O O 
 
 53 
 
 -a 
 
 53 
 
 ■a ■■° 
 
 «J- -a 
 
 O 
 
 Sf Sis 
 
 (1) tOTj ^ 
 
 ■a SJ3J3 
 Q, o " a 
 
 g£55 ;2;s 
 
 S>-S:2^£„ 
 
 ■s^ 
 
 ^ rt 5 u o-tf o 
 
 i«' 
 
 
 
 
 ■« 
 
 s °S^ 5 
 
 •^ }-Cr-t *^ 
 
 S s; « g g m 
 
 ■ -H « rt w 
 
 h"^ gj3 a) 
 
 '53 m aS ^ 
 
 
 <u « S ° 
 CQ o <» ft 
 
 ~ ot^ o 
 ■3-3 .-3 
 fj m oj w 
 
 o bo 
 = .S 
 
 3^ 
 
 o'S 
 
 c B 
 
 as 
 
 
 a>'3 
 
 ■" ft 
 
 50 
 
 
 So 
 
 g'8 
 
 ■as 
 
 B 
 
 rt-f .0 
 
 s > u 
 
 wQ 
 
 i» 
 
 BgL 
 
 =3,25 
 
 ■8 
 
 g43 w -M 
 
 n 
 
ELECTIONS 30T 
 
 FOEM K. 
 
 (Sees. U, h2, 50, 52.) 
 
 No. 1. 
 
 Statement of Voter. 
 
 I, , do hereby state that T am 
 
 a male British subject by birth or naturalisation; that I am 
 not an unenfranchised Indian; that I am of the full age of 
 twenty-one years; that I have resided in the North-West 
 Territories for at least the twelve months and in this Electoral 
 District for at least the three months immediately preceding 
 the p:^esent time ; that I am a resident 'of this polling division 
 and that I have not voted at this election either at this or any 
 other polling place. 
 
 No. 2. 
 
 Statement of Voter. 
 
 1, , do hereby state that I have not 
 
 received anything nor has anything been promised me, nor 
 have I asked for anything directly or indirectly, either to 
 induce me to vote at this election, or for loss of time, travelling 
 expenses, hire of team or for any other service connected 
 therewith, and that in the casting of my vote at this election I 
 am not impelled or influenced by fear or by expectation of 
 favour. 
 
 No. 3. 
 
 Statement of Deputy Returning Ojficer, Poll GlerTc, Candidate, 
 
 Agent, etc. 
 
 1, A.B., hereby state that I am a male British subject by 
 birth or naturalisation; that I am not an unenfranchised 
 Indian ; that I am of the full age of twenty-one years ; that I 
 have resided in the North-West Territories for at least the 
 twelve months and in this Electoral District for at least the 
 three months immediately preceding the present time; that I 
 am now residing in polling division number of 
 
 this Electoral District; that I have not voted at this election 
 either at this or at any other polling place; and that I am a 
 candidate at this election {or that I am acting as Deputy 
 Keturning Officer or Poll Clerk or Agent or Scrutineer for 
 as the case may he, at this polling station) . 
 
308 ELECTIONS 
 
 FOEM L. 
 
 Interpreter's Oath. (Sec. ^7.) 
 
 1, do solemnly swear (or if he is one of the 
 
 persons permitted hy law to affirm in civil cases, do solemnly 
 affirm) that I will well, truly and faithfully interpret all such 
 instructions and informtaion necessary to enable any voter to 
 cast his vote at this election as I may be directed by the Deputy 
 Returning Officer to communicate to such voter, and that I 
 will not say or communicate anything to any such voter to 
 induce him to vote for, or to refrain from voting for any 
 particular candidate. So help me God. 
 
 A.B. 
 
 Sworn before me, etc. 
 {Signature of Deputy Returning Officer.) 
 
 FORM M. 
 
 Notice to Appear. (Sec. Ji.9.) 
 To 
 
 Take notice that you are hereby required to appear at (here 
 describe with reasonable certainty the building or place fixed 
 for sittings of the Court of Revision) on the 
 
 day of 1 , at the hour 
 
 of o'clock noon, before me and such 
 
 Justice of the Peace as shall then be sitting with me, to answer 
 to a charge of having voted contrary to the provisions of The 
 Territories Elections Ordinance. 
 
 Dated this day of 1 
 
 A.B., 
 Deputy Returning Officer. 
 
 FORM N. 
 
 Summons to a Witness. (Sec. 61.) 
 
 To A.B., 
 
 YoUf are hereby commanded to appear before tis at (here 
 describe luith reasonable certainty the building or place fixed 
 for sittings of the Court of Revision) in polling division num- 
 ber of the Electoral District of on 
 
ELECTIONS 
 
 the day of 1 , at the hour of 
 
 o'clock noon, and so on from day to 
 
 day until the charge hereinafter mentioned is tried or other- 
 wise disposed of, to testify and give evidence upon the hearing 
 before us of a charge preferred against one C.D.j of having 
 voted contrary to the provisions of The Territories Elections 
 Ordinance. 
 
 And you are hereby further commanded to bring with you 
 and produce at the time and place aforesaid all papers and 
 articles in your possession or power in any way relating to said 
 charge or to any matter connected therewith. 
 
 Witness our hand (or my hand) this day 
 
 of 1 
 
 309 
 
 Deputy Returning Officer. 
 
 Justice of the Peace. 
 (This Summons may be issued by the Deputy Heturning 
 Officer or by the Justice of the Peace or by both.) 
 
 SCHEDULE 3. 
 TAEIFF A. 
 
 Witness Fees. 
 
 (Sections 61, 70.) 
 
 For every day necessarily absent from residence in going to, 
 staying at and returning from hearing: 
 
 When residence is within 4 miles of place $ 1 00 
 
 When over 4 miles 2 00 
 
 Eor every mile necessarily travelled other than by 
 
 railway 10 
 
 When railway used : actual fare paid. 
 
 TAEIFF B. 
 
 Schedule of Costs to be allowed upon Inquiry before Judge of 
 Supreme Court. (Sees. 92, 94..) 
 
 To the clerk of the court for receiving, filing and 
 entering each appeal and attending judge with 
 notification and on hearing of appeal and judg- 
 ment $ 2 00 
 
3l0 ELECTIONa 
 
 To the clerk for issuing each summons, subpoena or 
 
 notice S" 
 
 To the clerk, all necessary postage. 
 
 To the clerk, taxing each bill of costs actually taxed. 50 
 
 To witnesses, the same fees as are allowed in civil cases. 
 
 To the advocate for the party succeeding on each 
 
 appeal 2 00 
 
 To be increased in the discretion of the judge to an 
 
 amount not exceeding $15.00. 
 
 TARIFF C. 
 
 Fees for election services. 
 
 {Sec. 120.) 
 
 Returning officer, where no poll is held $20 00 
 
 Election cterk, where no poll is held 5 00 
 
 Returning officer, where poll is held 75 00 
 
 Election clerk, where poll is held 20 OO 
 
 Deputy returning officer 5 00 
 
 Poll clerk ?. 00 
 
 Interpreter 2 00 
 
 (If employed in less than eight cases, twenty-five 
 cents for each case.) 
 Deputy returning officer and justice of the peace sit- 
 ting as Court of Revision, each 5 00 
 
 Each officer for every mile necessarily travelled in the 
 
 discharge of his duties 15 
 
 Rent of house for nomination 4 00 
 
 Rent of house for polling station 4 00 
 
 Rent of house for Court of Revision 4 00 
 
 Rent of house for count by returning officer 4 00 
 
 ELECTIONS CONTESTED. 
 
 8ee CONTEOVEETED ELECTIONS. 
 
 ELECTRIC COMPANIES. 
 
 See WATEE^ QAS, ELEGTEIC AND 
 TELEPHONE COMPANIES. 
 
 ENGINEERS. 
 
 See lEEIGATION DISTEICTS. 
 PUBLIC WORKS. 
 STEAM BOILEES INSPECTION. 
 
ENTIEE ANIMALS 311 
 
 ENTIRE ANIMALS. 
 
 An Ordinance respectingf Stallions and Bulls. c.o.isgscrs 
 
 '^ ° 16 March 1699 
 
 THE 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 Entire AnimaZs short title 
 Ordinance." C. O. 78, s. 1. 
 
 INTEKPRETATION. 
 
 3. In this Ordinance unless the context otherwise requires : 
 
 1. The expression "department" means the department of Department 
 agriculture ; 
 
 2. The expression "minister" means the member of the "Minister" 
 Executive Council of the Territories to whom may be assigned 
 
 from time to time the duty of administering the department 
 of agriculture; 
 
 3. The expression "justice" .means any justice of the peace; "justice" 
 
 4. The expression "ovsoier" means any person owning any "Owner- 
 stallion or bull dealt with under this Ordinance; 
 
 5. The expression "captor" means any person seizing or"Captor" 
 confining any stallion or hull under this Ordinance; 
 
 6. The expression "run at large" or "running at large" ^j^™'SS 
 means without being under control of the owner either by 
 
 being in direct and continuous charge of a herder or by 
 confinement within any building or other inclosure or fence 
 whether the same be lawful or not. C. O. 78, s. 2. 
 
 3. No stallion of one year old or upwards shall be permitted when^^ 
 
 to run at large in any part of the Territories at any time. C. ^^f^^'^^ ™° 
 • O. 78, s. 3. 
 
 4. Except as hereinafter provided no bull nine months old when buUs 
 
 ^ ^ . J, shall not run 
 
 or upwards shall be permitted to run at large m any part ol at large 
 the Territories at any time. 
 
 (2) The minister may by notice published in two consecu- BuiiSg'Jfy ™" 
 tive issues of the official gazette declare that bulls may be "^e-^tain cases 
 permitted to run at large in any district described in such 
 notice between the first day of July and the thirty-first day of 
 December in any year both days inclusive. 0. O. 78, s. 4 and 
 1900, c. 28, s. 1. 
 
312 
 
 ENTIEE ANIMALS 
 
 Stallions 
 or bulls 
 unlawfully 
 running at 
 large may 
 be captured 
 
 When owner 
 is unknown 
 
 Advertising 
 capture 
 
 When animal 
 may be sold 
 
 5. Except within the limits of any pound district or herd 
 district constituted under the provisions of any Ordinance of 
 the Territories any person who finds a stallion or bull running- 
 at large contrary to the provisions of this Ordinance may 
 capture and confine such bull or stallion and promptly there- 
 after shall notify the owner thereof if known to such captor j 
 and if such owner do not within three days after receiving 
 such notice take away such stallion or bull and pay the captor 
 thereof $5 for his trouble and 25 cents per diem for the keep 
 of the said stallion or bull for every day it has been in his 
 custody such owner shall be guilty of an offence and liable on 
 summary conviction thereof to a penalty not exceeding $20 
 together with the cost of prosecution and the fees for capturing 
 and the keep of such stallion or bull as aforesaid which said 
 fees shall be paid over on collection to the captor. C. 0. Y8, 
 s. 5. 
 
 6. When the owner of any stallion or bull captured and 
 confined under the provisions of the last preceding section is 
 iinknown to the captor, the said captor shall within forty-eight 
 hours after such capture post up a notice of detention in form 
 A in the schedule hereto in three public places in the neigh- 
 bourhood of the place of capture and at the same time forward 
 a copy of the notice to the department for publication in two 
 consecutive issues of the official gazette, and the owner of such 
 stallion or bull shall be entitled to receive delivery thereof 
 upon paying the captor $5 for his trouble and 25 cents per 
 diem for the keep of such animal together with the amovmt of 
 the expenses actually incurred for advertising. 
 
 (2) In addition to advertising the capture of a stallion or 
 bull in the official gazette as herein provided the captor may 
 also cause a copy of the notice of detention to be inserted in 
 three successive weekly issues of the newspaper published 
 nearest to the neighbourhood in which the capture was made, 
 and any expenditure not exceeding the sum of $1 made for 
 such advertising shall be reimbursed to the captor by the owner 
 if the said stallion or bull is released by such owner or, if not 
 so released, by the justice after the sale of such stallion or bull 
 upon proof of such expenditure having been made. C. 0-'78, 
 s. 6, 
 
 '7. If at the end of twenty days from the first publication 
 of the notice in the said gazette no owner be found for such 
 stallion or bull or the payments herein provided have not been 
 made to the captor, then upon application to a justice in form 
 B in the schedule hereto verified under oath before the said 
 justice, the said justice may after eight days' notice posted up 
 in three conspicuous places in the neighbourhood of the place 
 
BNTIKE ANIMALS 313 
 
 of capture (one of which shall be the post office nearest there- Disposition 
 to) stating the time and place of sale, sell or cause the said" ^^""^^ ^ 
 stallion or bull to be sold by public auction, and out of the 
 proceeds of such sale shall first pay the expenses of sale and 
 advertising and justice's fees and then the sum of $5 and costs 
 of keeping to the captor and the balance to the minister. 
 
 (2) The justice of the peace shall immediately after the sale 
 send to the department a description of the animal or animals 
 sold, the date of sale, the amount realised and the disposition 
 -thereof. C. O. 78, s. 7. 
 
 8. Any money paid to the minister under the provisions of ^^^iff^jo 
 the section nest preceding shall be paid over to the owner of ^e^*^™'" °^*^ 
 the animal sold on evidence of ownership (satisfactory to the**"'™"®'' 
 minister or other officer appointed to examine into the same) 
 
 being furnished 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 
 revenue fund. C. O. 78, s. 8. 
 
 9. The justice to whom application is made for authority who may 
 to sell any stallion or bull which may be sold under the pro- 
 visions of this Ordinance may either sell the animal himself Or 
 order it to be sold by the nearest accessible pound keeper to the 
 
 place where the animal was found or in the absence of .any 
 such poimd keeper living within reasonable distance thereto 
 may authorise any person in writing to sell such animal ; and 
 no liability shall be incurred by any person making such sale 
 by reason of his not being in possession of a licence to act as 
 auctioneer under the provisions of any Ordinance . of the 
 Territories. C. O. 78, s. 9. 
 
 10. The justice or person authorised thereto selling any salesman's 
 stallion or bull under the provisions of this Ordinance shall be 
 entitled to retain to his own use and benefit $2,. 50 per centum 
 commission upon the proceeds of such sale. C. 0. 78, s. 10. 
 
 11. In any pound district or herd district established under |taiii^ns^or^^ 
 the provisions of any Ordinance of the Territories no stallion m pound or^^ 
 or bull shall be detained or sold in the manner provided m this 
 Ordinance but (if captured) shall be taken by the captor to the 
 nearest accessible poimd there to be dealt with as it is provided 
 
 estrays may be dealt with. C. O. 78, s. 11. 
 
 12. The owner of any stallion or bull who after receiving PenaJty^^ 
 
 a notice signed by a justice of the peace that such stallion or auow^ng^ ^^^^ 
 bull is running at large contrary to the provisions of this to mn at large 
 Ordinance and requiring such owner to capture and confine the 
 same neglects or refuses within forty-eight hours to comply 
 
314 ENTIEE ANIMALS 
 
 with such notice. shall be guilty of an offence and liable on 
 summary conviction thereof before a justice of the peace to a 
 penalty of $5 for every day after the expiration of the time 
 mentioned in said notice the stallion or bull is at large. 0. 0. 
 
 78, s. 12. 
 
 foTustlir'^ 13. Without in any way prejudicing the right which a 
 justice may have to fees established by law in respect of any 
 proceedings in summary convictions under this Ordinance or 
 under section 9 of this Ordinance a justice shall be entitled to 
 the following fees for services performed by him under section 
 1 hereof : 
 
 Preparing the application therein mentioned and adminis- 
 tering oath, fifty cents. 
 
 Preparing and posting the notices therein mentioned, $1. 
 
 C. O. 78, s. 13. 
 SCHEDULE. 
 
 EORM A. 
 
 The undersigned gives notice that he has captured a (stallion 
 or bull as the case may he with a full description of same) 
 while running at large contrary to the provisions of The Entire 
 Animals Ordinance. The said (stallion or bull) is detained 
 on the (description of quarter-section or other place where the 
 animal is confined) and if not claimed in due course will be 
 dealt with according to law. 
 
 The capture was made at o'clock on 
 
 day the day of 1 , and this 
 
 notice was posted within hours thereafter. 
 
 (Signature and post office address of captor.) 
 
 C. 0. 78, Form A. 
 
 POEM B. 
 
 To A.B. Esquire a justice of (he peace in and for the Worth- 
 West Territories. 
 
 Tlie ai)p]icant avers that on llic day of 
 
 1 , (naming the date of capture) lie 
 
 found a (bull or stallion as the case may he) running at largo 
 
 contrary to llie provisions of Tlie Entire Animals Ordinance 
 
 and captured and confined the same; 
 
 That he posted up a notice in three public places in the 
 neighbourhood of the capture and adveilised such notice iii. 
 
BNTIEE ANIMALS 315 
 
 three successive weekly issues of (naming the newspaper if 
 any) and forwarded a copy of the notice to the department of 
 agriculture at Eegina for publication in The North-West 
 Territories Gazette; 
 
 That the notice was published in the issue of the said gazette 
 dated (date of first issue of gazette containing notice) ; 
 
 That twenty days have elapsed without the said (stallion or 
 bull) having been released by the payment to the applicant of 
 the moneys he is entitled to be paid under the provisions of 
 the said Ordinance; 
 
 That the applicant prays that the said (bull or stallion) may 
 be sold. 
 
 (Signature of captor.) 
 I (name of captor) the applicant above named make oath 
 and say that the facts set forth in the above application are true 
 in substance and fact. 
 
 (Signature of captor.) 
 Sworn before me 
 at 
 
 this day of 
 
 1 
 
 A.B., J.P. 
 
 G. 0. 78, Form B. 
 
 ESTATES. 
 
 See ADMINISTEATIOIT. 
 DEVOLUTION'. 
 TRUSTEES^ EXECUTOES AND ADMINISTEATOES. 
 
 ESTRAY ANIMALS. 
 
 See STEAY ANIMALS. 
 
 EXECUTIONS. 
 
 See CEEDITOES' EELIEF. 
 EXEMPTIONS. 
 JUDICATUEE. 
 
 EXECUTORS. 
 
 See TEUSTEES^ EXECUTOES AND ADMINISTEATION. 
 
 EXECUTIVE COUNCIL. 
 
 See DEPARTMENTS OF GOVEENMENT. 
 PUBLIC SEEVICE. 
 
 EXECUTIVE GOVERNMENT. 
 
 See DEPABTMENTS OF GOVEENMENT. 
 PUBLIC SEEVICE. 
 SECUEITY OF PUBLIC OFFICBES. 
 
■316 EXEMPTIONS EEOM EXECUTION 
 
 EXEMPTIONS FROM EXECUTION. 
 
 c.o 1898, c.'27 An Ordinance exemptins: certain Property from Seizure 
 
 lo March, 1899 -^ o , ,^ ^. •' 
 
 and Sale under Kxecution. 
 
 TELE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOKT TITLE. 
 
 Short title 1. This Ordinance may be cited as "The Exemptions Ordin- 
 
 ance." C. 0." 2T, s. 1. 
 
 EXEMPTIONS. 
 
 Exemptions 3. The following real and personal property of an execution 
 debtor 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 ISTovem- 
 ber, 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; 
 
 6. 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 sulficient to seed all his land under cultivation 
 not exceeding eighty acres, at the rate of two bushels per acre, 
 defendant to have choice of seed, and fourteen bushels of 
 potatoes ; 
 
FACTOES AND AGENTS 317 
 
 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 lien or incumbrance thereon; 
 
 10. The house and buildings occupied by the execution 
 debtor 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. C. O. 27, s. 2. 
 
 3. The execution debtor shall be entitled to a choice from Debtor's 
 the greater quantity of the same kind of articles which are'^''"*'^® 
 hereby exempted from seizure. C. 0. 27, s. 3. 
 
 4. Nothing in this Ordinance shall exempt from seizure any Article 
 article except for the food, clothing and bedding of the execu- oSd'eratioti 
 tion debtor and his family, the price of which forms the subject "'J'^'^sement 
 matter of the judgment upon which the execution is issued. 
 
 C. 0. 27, s. 4. 
 
 5. In case of the death of the execution debtor, his prop- Rights of 
 erty 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 necessary for the maintenance and support of said widow 
 and children or any of them. C. O .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 a wife or family behind; 
 
 nor to an execution issued upon a judgment or order for the No exemption 
 
 payment of alimony. C. O. 27, s. 6 and 1901, c. 16, s. 1.. alimony 
 
 EXPROPRIATION OF LAND. 
 
 Bee MUNICIPAL. 
 
 PUBLIC WOEXS. 
 
 EXTRA JUDICIAL SEIZURE. 
 
 8ee DISTRESS foe kbnt. 
 
 FACTORS AND AGENTS. 
 
 An Ordinance respecting Factors and Agents is March', 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
818 
 
 PACTOES AND AGENTS 
 
 "Mercantile 
 agent" 
 
 "Goods" 
 
 "Document 
 of title" 
 
 SHOBT TITLE. 
 
 Short title 1. This Ordinance may be cited as "The Factors' Ordin- 
 
 ance." C. 0. 40, s. 1. 
 
 INTEEPEBTATION. 
 
 Interpretation 3. For the purposes of this 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 documents 
 are in his actual custody or are held by any other person sub- 
 ject to his control or for him or in his behalf j 
 
 3. The expression "goods" shall include wares and merchan- 
 dise; 
 
 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 authorising or purporting to 
 authorise either by indorsement or delivery the possessor of the 
 document to transfer or receive goods thereby represented; 
 
 6. 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 continu- 
 ing advance or of any pecuniary liability; 
 
 6. The expression "person" shall include any body of 
 persons corporate or unincorporate. C. O. 40, s. 2. 
 
 DISPOSITIONS BY MEECANTILE AGENTS. 
 
 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 Ordin- 
 ance be as valid as if he were expressly authorised 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 aot authority to 
 make the same. 
 
 "Pledge" 
 
 "Person" 
 
 Powers of 
 
 mercantile 
 
 agents 
 
 respecting 
 
 disposition 
 
 of goods 
 
FACTORS AND AGENTS 319 
 
 (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 not- 
 withstanding the determination of the consent: 
 
 Provided that the person taking under the disposition has 
 not at any time thereof notice that the consent has been deter- 
 mined. 
 
 (3) Where a mercantile agent has obtained possession of 
 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 con- 
 sent 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 con- 
 trary. C. O. 40, s. 3. 
 
 4. A pledge of the documents of title to goods shall be Effect of 
 deemed to be a pledge of the goods. C. 0. 40, s. 4. §lfcu^me°its 
 
 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 the debt 
 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. C. O. 40, s. 5. 
 
 6. The consideration necessary for the validity of a sale. Rights 
 pledge or other disposition of goods in pursuance of this Ordin- excha'ifge if 
 ance may be either a payment in cash or the delivery or trans- dooumenta 
 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 consideration 
 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. C. O. 40, s. 6. 
 
 7. For the purposes of this Ordinance an agreement made^igrecmcnts 
 with a mercantile agent through a clerk or other person aui.hor- clerks'' etc. 
 iscd in the ordinary course of business to make contracts of 
 
 sale or pledge on his behalf shall be deemed to be an agreement 
 with tlie agent. C. O. 40, s. 7. 
 
320 
 
 FACTOES AND AGSNTS 
 
 Provisions as 8. Where the owner of goods has given possession of the 
 
 to consignors ^ i j! • i 
 
 and consignees goods to another person for the purpose oi 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 the goods ^s if such person were the owner of the goods 
 and may transfer any such lien to another person. 
 
 (2) JSTothing in this section shall limit or affect the validity 
 of any sale, pledge or disopsition by a mercantile agent. C. O, 
 40, s. 8. 
 
 DISPOSITIONS BY BUYERS AND SBLI.EES 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 agree- 
 ment 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 authorised by the 
 owner of the goods to make the same. C. O. 40, s. 9. 
 
 Disposition by 
 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 
 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 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 mercan- 
 tile agent in possession of the goods or documents of title with 
 the consent of the owner. C. 0. 40, s. 10. 
 
 Sansfef of ■'--'■• Where a document of title to goods has been lawfully 
 
 vendOT^8"iien" transferred to a person as buyer or owner of th^s goods and 
 stoppage°L that person transfers the document to a person who takes the 
 transitu document in good faith and for valuable consideration the 
 last mentioned transfer shall have the same effect for defeat- 
 ing any vendor's lien or right of stoppage in transitu as the 
 transfer of a bill of lading has for defeating the right of stop- 
 page in transitu. 0. O. 40, s. 11. 
 
FENCES 321 
 
 SUPPLEMENTAL. 
 
 13. For the purposes of this Ordinance the transfer of a Mode of 
 document may be by indorsement or where the document is by documents 
 custom or by its express terms transferable by delivery or 
 makes the goods deliverable to the bearer then by delivery. 
 C. O.-iO, s. 12. 
 
 13. Nothing in this Ordinance shall authorise an agent to Liability 
 exceed or depart from his authority as between himself and ° ^^^° 
 his principal or exempt him from any liability civil or crimi- 
 nal for so doing. 
 
 (2) Xothing in this Ordinance shall prevent the owner of laying for 
 goods from recovering the goods from an agent or assignee true owner 
 under an ast^ignment 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 lien. 
 
 (3) Xothing 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. C. O. 40, s. 13. 
 
 14. -The provisions of this Ordinance shall be construed in Savi^ng to^^ 
 amplification and not in derogation of the powers exercisable powers of 
 by an agent independently of this Ordinance. C. 0. 40, s. 14. 
 
 FENCES. 
 
 An Ordinance respecting Fences. loos, sess. 2, 
 
 0. 28 
 
 [Assented to November 21, 1903.'] 21 Nov. 1903 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 ISA 
 
322 FENCES 
 
 SHOET TITLE. 
 
 Short title 1. This OTdmsLTice lanj-he Cited as "The Fence Ordinance." 
 
 1903, Sess. 2, c. 28, s. 1. 
 
 PEOVISIONS EEGAEDING FENCES. 
 
 iawfui^feifce ^* ^o action for damages caused by domestic animals shall 
 be maintained nor shall domestic animals be liable to be 
 distrained for causing damage to property unless the same is 
 surrounded by a lawful fence. - 1903, Sess. 2, c. 2,8, s. 2. 
 
 Lawfuifence 3. Any of the fences in this section described shall be 
 
 defined ■' 
 
 deemed a lawful fence : 
 
 1. Any substantial fence not less than four feet high if it 
 consists : 
 
 (a) Of rails or boards not less than four in number, the 
 lower one not more than eighteen inches from the 
 ground and each panel not exceeding twelve feet in 
 length ; 
 
 (&) Of upright posts, boards or palings not more than six 
 inches apart; 
 
 (c) Of barbed wire and a substantial top rail, the wires to 
 be not less than two in number and the lower one 
 not more than twenty inches from the ground, posts 
 to be not more than sixteen and a half feet apart ; 
 
 (d) Of three or more barbed wires, the lower one not 
 more than twenty inches from the ground, posts to 
 be not more than sixteen and a half feet apart; 
 
 (e) Of not less than three barbed wires on posts not more 
 than fifty feet apart, the wires being fastened to 
 droppers not less than two inches in width and one 
 inch in thickness or willow or other poles not less 
 than one inch in diameter at the small end or wire 
 dropper, the said droppers or poles being placed at 
 regular intervals of not more than seven feet apart; 
 
 (/) Of two posts spiked together at the top and resting on 
 the ground in the shape of an A which shall be joined 
 by a brace firmly nailed near the base, with three 
 rails firmly secured on the one side of the A, the top 
 rail not less than four feet and the bottom rail not 
 less than eighteen inches from the ground, there being 
 also firmly secured on the other side of the A one rail 
 not more than twenty inches from the ground ; 
 
FENCES 323 
 
 (g) Of woven wire secured to posts not more than 35 feet 
 apart ; 
 
 2. Any river bank or other natural boundary sufficient to 
 keep domestic animals out of any land. 1903, Sess. 2, c. 28 
 s. 3. ' 
 
 4. -No fence surrounding growing crops or crops in process Fences around 
 ot being harvested shall be deemed a lawful fence unless it is "'""p' 
 situated at least eight feet from such crop and otherwise 'com- 
 plies with the provisions of this Ordinance. 1903 Sess 2 
 
 c. 2,8, s. 4. . 
 
 5. Any fence surrounding stacks of hay or grain shall be Fences 
 deemed a lawful fence if constructed according to the pro- stacks"'''"^ 
 visions of section 3 of this Ordinance and situated not less 
 
 than ten feet from such stacks. 1903, Sess. 2, c. 28, s. 5. 
 
 6. Whenever two owners or occupiers of adjoining parcels Liability of 
 of lands desire to erect a line or boundary fence between such ownS^"! r 
 Mdjoining parcels for the common advantage of both ihey"°^'^"°^' 
 shall bear the expense of the erection in equal shares and 
 thereafter the expense of maintaining and repairing such fence 
 
 shall be borne by the adjoning owners or occupiers in equal 
 shares. 
 
 (2) Whenever the owner or occupier of any parcel of land 
 erects a line or boundary fence between such land and an 
 adjoining parcel of land the owner or occupier of such 
 adjoining parcel of land as soon as he receives any benefit or 
 advantage from such line or boundary fence by the enclosure 
 of his land or any portion thereof or otherwise howsoever shall 
 pay to the first mentioned owner or occupier a just proportion 
 of the then value of such line or boundary fence and thereafter 
 the expense of maintaining and repairing such fence shall be 
 borne by the adjoining owners or occupiers in equal shares. 
 1903, Sess. 2, c. 28, s. 6. 
 
 7. The owner of any domestic animal which breaks into or Trespassing 
 enters upon any land inclosed by a lawful fence shall be liable "^""^ '' 
 to compensate the owner of such land for any damage done by owner ^ ° 
 such animal. 1903, Sess. 2, c. 28, s. 7. 
 
 8. In case adioinins; owners or occupiers of land disagree as Disagreement 
 
 T /. 1 ? 1 , . " J, as to fencing 
 
 to what IS a lawful fence or as to the proper location oi a or damages 
 proposed or existing line or boundary fence or as to the just 
 proportion of a line fence which each such owner or occupier 
 should make or put in repair or as to the amount which any 
 
324 FENCES 
 
 sucli owner or occupier should make compensation to the other 
 for making or keeping in repair any fence or in case parties 
 Arbitration interested disagree as to the amount of damages done by 
 animals breaking into or entering upon any land inclosed by a 
 lawful fence they shall each appoint an arbitrator to 
 determine and settle the matter in difference and such 
 arbitrators shall first giving the parties in difference reasonable 
 notice of the time and place where they intend to meet for the 
 purpose of hearing and determining the matter in difference 
 attend at such 'time and place and hear such parties and their 
 witnesses and make -their award in respect to the matters so 
 in difi^erence ; and in case such arbitrators are unable to agree 
 they shall appoint an umpire who shall make an award in 
 respect to the said matters ; and in case either of the parties in 
 difference refuses or omits to appoint an arbitrator within 
 forty-eight hours after a demand is made in writing upon him 
 to do so by the other party in difference such other^ party in 
 difference may apply to a justice of the peace who being 
 satisfied by the oath of a credible witness that such demand 
 has been made and not complied with may appoint an 
 arbitrator in the stead of the person so refusing or omitting to 
 appoint and the arbitrator so appointed shall proceed and act 
 and all steps shall be had and taken as in this section provided 
 as if such arbitrator had been appointed by the person so 
 refusing or omitting to appoint. 
 
 (2) The direction herein contained for the appointment of 
 arbitrators shall be deemed a submission under TJie Arbitra- 
 tion Ordinance and the provisions of the last mentioned 
 Ordinance shall apply thereto. 
 
 (3) The decision of the arbitrators as to the proper location 
 of a proposed, or existing line or boundary fence shall not 
 affect the title to the land on either side thereof and shall be 
 binding only during the actual existence as a lawful fence of 
 the fence in question. 1903, Sess. 2, c. 28, s. 8. 
 
 Exceptionsas 9. ISTothing in the preceding section shall be held to affect 
 pound district in any way the right of any person to seize or impound cattle 
 in any herd or pound district under the provisions of any 
 Ordinance authorising the seizing or impounding of cattle in 
 any such district or to affect the demand or recovering of 
 damages in the mode prescribed by that Ordinance. 1903, 
 Sess. 2, c. 28, s. 9. 
 
 Fenoes^aoross 10. It shall be the duty of any person erecting any wire 
 fence across any trail that has been in common use by the 
 public for a period of three months immediately previous to 
 
PIEE INSOEANCE POLICY 326 
 
 such erection to place a top rail on such fence where it crosses 
 the trail and for a distance of two rods on each side from the 
 centre of the trail. 1903, Sess. 2, c. 28, s. 10. 
 
 11. Chapter 77 of The Consolidated Ordinances 1898, Repeal 
 Chapter 21 of the Ordinances of 1899 and Chapter 27 of the 
 Ordinances of 1900 are hereby repealed. 1903, Sess. 2, c. 28, 
 s. 11. 
 
 FERRIES. 
 
 See PUBLIC WORKS. 
 
 FIRES. 
 
 See coNSTEtrcTioM" of chimneys. 
 
 INVESTIGATION" OF FIEES. 
 PEAIEIE AND FOEEST FIEES. 
 
 FIRE INSURANCE. 
 
 See FIEE INSUEANCE POLICY. 
 MUTUAL FIEE INSUEANCE. 
 
 FIRES INVESTIGATION. 
 
 See INVESTIGATION OF FIEES. 
 
 FIRE INSURANCE POLICY. 
 
 An Ordinance to Secure Uniform Conditions in igos, seas. i, 
 Policies of Fire Insurance. °' ^^ 
 
 ^Assented to June 19, 1903.^ i9*une, 1903 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Fire /nsiMwice ghort title 
 Policy Ordinance." 1903, Sess. 1, c. 16, s. 1. 
 
 2. Where, by reason of necessity, accident or mistake, the company to 
 conditions of any contract of fire insurance on property in wltfstand °n*^ 
 the Territories, as to the proof to be given to the insurance inpro?/"*'"''^ 
 -company after the occurrence of a fire, have not been strictly 
 complied with, or where, after a statement or proof of loss has 
 
326 
 
 FIEE INSUKANCE POJ.ICY 
 
 been given in good faith, by or on behalf of the assured in 
 pursuance of any proviso or condition of such contract, the 
 company, through its agent or otherwise, objects to the loss 
 upon other grounds than for imperfect compliance with such 
 conditions, or does not, within a reasonable time after receiving 
 such statement or proof, notify the assured in writing that 
 such statement or proof is objected to, and what are the particu- 
 lars in which the same is alleged to be defective and so from, 
 time to time, or where for any other reason the court or judge 
 before whom a question relating to such insurance is tried or 
 inquired into, considers it inequitable that the insurance should 
 be deemed void or forfeited by reason of imperfect compliance 
 with such conditions, no objection to the sufficiency of such 
 statement or proof, or amended or supplemental statement or 
 proof, as the case may be, shall, in any of such cases, be 
 allowed as a discharge of the liability of the company on such 
 contract of insurance wherever entered into ; but this section 
 shall not apply where the fire has taken place before the 
 coming into force of this Ordinance. 1903, Sess. 1, c. 16, s. 2. 
 
 Where loss 
 payable to 
 mortgagee, 
 notice of 
 cancellation, 
 etc., to be 
 given 
 mortgagee 
 
 3. Where the loss, if any, under any policy has, with the 
 consent of the company, been made payable to some person or 
 persons or company other than the assured as mortgagee or 
 mortgagees, said policy shall not be cancelled, * * * 
 by the company upon the application of the assured, nor in any 
 case without reasonable notice to the said mortgagee or 
 mortgagees. 1903, Sess. 1, c. 16, s. 3 and 1903, Sess. 2, c. 
 2,0, s. 1. 
 
 statutory 
 conditions 
 
 4. The conditions set forth in the schedule of this Ordinance 
 shall, as against the insurers, be deemed to be part of every 
 contract, whether sealed, written or oral, of fire insurance here- 
 after entered into or renewed or otherwise in force in the 
 Korth-West Territories with respect to any property therein 
 or in transit therefrom or thereto, and shall be printed on every 
 policy of fire insurance, with the heading "Statutory Con- 
 ditions." 1903, Sess. 1, c. 16, s. 4. 
 
 Variations 
 in conditions 
 
 5. If a company or other insurer desires to vary the said 
 conditions or to omit any of them, or to add new conditions, 
 there shall be added on the policy in conspicuous type and in 
 ink of different colour, words to the following effect: 
 
 VARIATIONS IN CONDITIONS. 
 
 "This policy is issued on the above statutory conditions, with 
 the following variations and additions : 
 
FIEB INSUKANOE POLICY 327 
 
 "These variations {or as the case may be) are, by virtue of 
 The Fire Insurance Policy Ordinance in that behalf, in force 
 so far as, by the court or judge before -whom a question is 
 tried relating thereto, they shall be held to be just and reason- 
 able to be exacted by the company." 1903, Sess. 1, c. 16, s. 5. 
 
 6. No such variation, addition or omission shall, unless the Legality of 
 
 T- 1-Ti 1 i-i- variations m 
 
 same, is distinctly indicated and set forth m the manner or to conditiona 
 the effect aforesaid, be legal and binding on the assured ; and 
 no question shall be considered as to whether any such varia- 
 tion, addition or omission is under the circumstances just and 
 reasonable, but, on the contrary, the policy shall, as against 
 the insurers, be subject to the statutory conditions only unless 
 the variations, additions or omissions are distinctly indicated 
 and set forth in the maimer or to the effect aforesaid. 1903, 
 Sess. 1, c. 16, s. 6. 
 
 7. In case a policy is entered into or renewed containing or conditions 
 including any condition other than or different from the con- to be unjii^t"^ 
 ditions set forth in the schedule to this Ordinance, if the said able to be nuii 
 condition so contained or included is held by the court or 
 
 judge before whom a question relating thereto is tried, to be 
 not just and reasonable, such condition shall be null and void. 
 1903, Sess. 1, c. 16, s. Y. 
 
 8. A decision of a court or a judge under this Ordinance Appeivi 
 shall be subject to review or appeal to the same extent as a 
 decision by such court or judge in other cases. 1903, Sess. 1, 
 
 c. 16, s. 8. 
 
 9. This Ordinance shall come into force on the first day of Commenoe- 
 January, 1904. 1903, Sess. 1, c. 16, s. 9. 
 
 SCHEDULE. 
 
 {Sections Jf. and 7.) 
 
 STATUTORY CONDITIONS. 
 
 1. If any person or persons insures his or their buildings or 
 goods and causes the same to be described otherwise than as 
 they really are to the prejudice of the company, or misrepre- 
 sents or omits to communicate any circumstance which is 
 material to be made known to the company in order to enable 
 
328 FIRE INSURANCE POLICY 
 
 it to judge of the risk it undertakes, such insurance shall be of 
 no force in respect to the property in regard to which the 
 misrepresentation or omission is made. 
 
 2. After application for insurance it shall be deemed that 
 any policy sent to the assured is intended to be in accordance 
 with the terms of the application unless the company points 
 out in writing the particulars wherein the policy diflFers from 
 the application. 
 
 3. Any change material to the risk, and within the control 
 or knowledge of the assured, shall avoid the policy as to the 
 part affected thereby, unless the change is promptly notified in 
 writing to the company or its local agent; and the company 
 when so notified may return the premium for the unexpired 
 period and cancel the policy, or may demand in writing an 
 additional premium which the assured shall if he desires the 
 continuance of the policy forthwith pay to the company; and 
 if he neglects to make such payment forthwith after receiving 
 such demand the policy shall be no longer in force. 
 
 4. If the property insured is assigned without a' written 
 permission indorsed hereon by an agent of the company duly 
 authorised for such purpose, the policy shall thereby become 
 void; but this condition does not apply to change of title by 
 succession, or by the operation of the law, or by reason of 
 death. 
 
 5. When property insured is only partially damaged, no 
 abandonment of the same will be allowed unless by the consent 
 of the company or its agent; and in case of the removal of 
 property to escape conflagration the company will contribute 
 to the loss and expenses attending such act of salvage propor- 
 tionately to the respective interests of the company or 
 companies and the assured. 
 
 6. Money, books of account, securities for money, and 
 evidences of debt or title are not insured. 
 
 7. Plate, plate glass, plated wire, jewelry, medals, paintings, 
 sculptures, curiosities, scientific and musical instruments, bul- 
 lion, works of art, articles of virtu, frescoes, clocks, watches, 
 trinkets, and mirrors are not insured unless mentioned in the 
 policy. 
 
 8. The company is not liable for loss if there is any prior 
 insurance in any other company unless the company's assent 
 thereto appears herein or is indorsed hereon, nor if any 
 subsequent insurance is effected in any other company unless 
 and until the company assents thereto, or unless the company 
 does not dissent in writing within two weeks after * * * 
 
FIRE INSDEANCE POLICY 329 
 
 notice of the intention or desire to effect the subsequent 
 insurance has been mailed to it, addressed to it at its principal 
 office in the North-West Territories or at the post office of the 
 agency where the application for insurance was made by 
 registered letter; or does not dissent in writing after that time 
 and before the subsequent or further insurance is effected. 
 
 9. In the event of any other insurance on the property herein 
 described having been assented to as aforesaid then this com- 
 pany shall, if such other insurance remains in force, on the 
 happening of any loss or damage, only be liable for the pay- 
 ment of a ratable proportion of such loss or damage without 
 reference to the dates of the different policies. 
 
 10. The company is not liable for the losses following, that 
 is to say : 
 
 (a) For loss of property owned by any other party than 
 the assured, unless the interest of the assured is stated 
 in or upon the policy; 
 
 (h) For loss caused by invasion, insurrection, riot, civil 
 commotion, military or usurped power; 
 
 (c) Where the insurance is upon buildings or their con- 
 tents for loss caused by the want of good and 
 substantial brick or stone chimneys, or by ashes or 
 embers being deposited, with the knowledge and 
 consent of the assured, in wooden vessels, or by stoves 
 or stove pipes being to the knowledge of the assured 
 in an unsafe condition or improperly secured; 
 
 {d) For loss or damage to goods destroyed or damaged 
 while undergoing any process in or by which the 
 application of fire heat is necessary; 
 
 (e) For loss or damage occurring to buildings or their 
 contents while the buildings are being repaired by 
 carpenters, joiners, plasterers, or other workmen and 
 in consequence thereof unless permission to execute 
 such repairs had been previously granted in writing 
 signed by a duly authorised agent of the company; 
 but in dwelling houses, fifteen days are allowed in 
 each year for incidental repairs, without such per- 
 mission ; 
 
 (/) For loss or damage occurring while petroleum, rock, 
 earth or coal oil, camphene, gasoline, burning fluid, 
 benzine, naptha or any liquid products thereof, or 
 any of their constituent parts (refined coal oil for 
 lighting purposes only, not exceeding twenty gallons 
 in quantity, or lubricating oil not being crude petro- 
 
330 
 
 FIEE INSDEANCE POLICY 
 
 leum nor oil of less specific gravity than required by 
 laA^, for illuminating purposes, not exceeding twenty 
 gallons in quantity, excepted), or more than twenty- 
 five pounds weight of gunpowder is or are stored or 
 kept in the building insured or containing the prop- 
 erty insured, unless permission is given in writing 
 by the company. 
 
 11. The company will make good loss caused by the 
 explosion of coal gas in a building not forming part of gas 
 works, and loss by fire caused by any other explosion or by 
 lightning. 
 
 12. Proof of loss must be made by the assured although the 
 loss be payable to a third party. 
 
 13. Any person entitled to make a claim under this policy 
 is to observe the following directions: 
 
 (a) He is forthwith after loss to give notice in writing to 
 the company; 
 
 (b) He is to deliver, as soon afterwards as practicable, as 
 particular an account of the loss as the nature of the 
 case permits; 
 
 (c) He is also to furnish therewith a statutory declara- 
 tion, declaring: 
 
 (1) That the said account is just and true; 
 
 (2.) When and how the fire originated, as far as the 
 declarant knows or believes ; 
 
 (3) That the fire was not caused through his wilful act or 
 neglect, procurement, means or contrivance; 
 
 (4) The amount of other insurances; 
 
 (5) All liens and incumbrances on the subject of insur- 
 ance; 
 
 • (6) The place where the property insured, if movable, 
 was deposited at the time of the fire ; 
 
 (d) He is, in support of his claims, if required and if 
 practicable, to produce books of accotint, * * * 
 and furnish invoices and other vouchers, to furnish 
 copies of the written portion of all policies, * * * 
 and to exhibit for examination all that remains of 
 the property which was covered by the policy; 
 
 (e) He is to produce, if required, a certificate under the 
 hand of a justice of the peace, notary public or 
 commissioner for taking affidavits, residing in the 
 vricinity in which the fire happened, and not con- 
 
FIEE INSUEANCE POLICY 331 
 
 cemed in the loss or related to the assured or suffer- 
 ers, stating that he has examined the circumstances 
 attending the fire, loss or damage alleged, that he is 
 acquainted with the character and circumstances of 
 the assured or claimant, and that he verily believes 
 that the assured has by misfortune and v^ithout fraud 
 or evil practice sustained loss and damage on the 
 subject assured, to the amount certified. 
 
 14. The above proofs of loss may be made by the agent of 
 the assured in case of the absence or inability of the assured 
 himself to make the same, such absence or inability being 
 satisfactorily accounted for. 
 
 15. Any fraud or false statement in a statutory declaration 
 in relation to any of the above particulars shall vitiate the 
 claim. 
 
 16. If any difference arises as to the value of the property 
 insured, of the property saved, or amount of the loss, such 
 value and amount and the proportion thereof, if any, to be 
 paid by the company, shall, whether the right to recover on 
 the policy is disputed or not, and independently of all other 
 questions, be submitted to the arbitration of some person to be 
 chosen by- both parties, or if they cannot agree on one person, 
 then to two persons, one to be chosen by the party assured and 
 the other by the company, and a third to be appointed by the 
 persons so chosen, or in the event of their failing to agree, then 
 by a judge of the supreme court of the North-West 
 Territories; and such reference shall be subject to the pro- 
 visions of Tlie Arbitration Ordinance; and the award shall, if 
 the company is in other respects liable, be conclusive as to the 
 amount of the loss and proportion to be paid by the company ; 
 where the full amount of the claim is awarded the costs shall 
 follow the event ; and in other cases all questions of costs shall 
 be in the discretion of the arbitrators. 
 
 17. The loss shall not be payable until sixty days after 
 completion of the proofs of loss, unless otherwise provided for 
 by the contract of insurance. 
 
 18. The company, instead of making payment, may repair, 
 rebuild or leplace within a reasonable time the property 
 damaged or lost, giving notice of their intention within fifteen 
 days after the receipt of the proofs herein required. 
 
 19. The insurance may he terminated hy the company by 
 giving notice to that effect and if on the cash plan by tender- 
 ing therewith a ratable proportion of the premium for the 
 unexpired term calculated from the termination of the notice; 
 
332 POKEIGN COMPANIES 
 
 in the case of personal service of the notice five days' notice 
 excluding Sunday shall he given. Notice may he given hy 
 any company registered under the provisions of The Foreign 
 Companies Ordinance and having an agency in the Territories 
 hy registered letter addressed to the assured at his last post 
 office address notified to the company and where no address 
 notified then to the post office of the agency from which 
 application was received and where such notice is by letter 
 then ten days from the arrival at any post office in th& 
 Territories shall he deemed good notice; and the policy shall 
 cease after such tender and notice aforesaid and the expiration 
 of the five or ten days, as the case may he. 
 
 20. ISTo condition of the policy, either in whole or in part, 
 shall be deemed to have been waived by the company unless 
 the waiver is clearly expressed in writing signed by an agent 
 of the company. 
 
 21. Any oiEcer or agent of the company who assumes on 
 behalf of the company to enter into any written agreement 
 relating to any matter connected with the insurance shall be 
 deemed prima facie to be the agent of the company for the 
 purpose. 
 
 22. Every action or proceeding against the company for the 
 recovery of any claim under or by virtue of his policy shall 
 be absolutely barred unless commenced within the term of 
 one year next after the loss or damage occurs. 
 
 23. Any written notice to a company for any purpose of the 
 statutory conditions, where the mode thereof is not expressly 
 provided, may be by letter delivered at the head office of the 
 company in the Worth-West Territories, or by registered post 
 letter addressed to the company, its manager or agent, at such 
 head office, or by such written notice given in any other manner 
 to an authorised agent of the company. 1903, Sess. 1, c. 16. 
 
 FOREIGN COMPANIES 
 
 1903, Sess. 1, An Ordinance respecting Foreign Companies. 
 
 19 June, 1903 \_Assented to June 19, 190S.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
POEBIGN COMPANIES 333 
 
 SHORT TITLE. 
 
 1. This Ordinance may cited as "The Foreign Companies short awe 
 Ordinance 1903." 1903, Sess. 1, c. 14, s. 1. 
 
 INTEEPEETATION. 
 
 3. In the constrnction of this Ordinance and of any rules or interpretation 
 forms made in pursuance thereof: 
 
 1. "Foreign company" shall mean any company or associa- 
 tion 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 Legisla- 
 tive Assembly of the Territories extends; 
 
 2. "Registrar" shall mean registrar of joint stock companies 
 and shall include a deputy registrar and an acting registrar; 
 
 3. "Charter" shall mean the Statute, Ordinance or other 
 provision of law by or under which a foreign company is 
 incorporated and any amendments thereto applying to such 
 company, or the memorandum of association or agreement or 
 deed of settlement of the company or the letters patent or 
 charter of incorporation or the licence 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 byla,ws, rules and regulations 
 of the company ; 
 
 5. "Court" shall mean the supreme court of the ITorth-West 
 Territories ; 
 
 - 6. "Judge" shall mean judge of the said court. 1903, Sess. 
 1, c. 14, s. f;. 
 
 3. Unless otherwise provided by any Ordinance no foreign foreign 
 company having gain for its object or a part of its object shall beS.me"'' ^° 
 carry on any part of its business in the Territories unless it is ^<^«^^^^''^^ 
 duly registeied 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 
 foreign company shall be liable on summary 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 
 
334 FOEEIGN COMPANIES 
 
 to fill such 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, office or 
 place of business in the Territories the onu^ 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 
 meaning of this Ordinance. 1903, Sess. 1, c. 14, s. 3 and 
 1903, Sess. 2, c. 19, s. 1. 
 
 com'an''when ^' "^J foreign Company may become registered on corn- 
 registered pliance with the provisions of this Ordinance and on payment 
 to the registrar of such fees as would be payable for registra- 
 tion imder the provisions of The Companies Ordinance; and 
 shall subject to the provisions of its charter and regulations 
 and to the terms of the registration thereupon have the same 
 powers and privileges in the Territories as if incorporated 
 under the provisions of The Companies Ordinance. 1903, 
 Sess. 1, c. 14, s. 4. 
 
 obtaii?"^^'° 5. Before the registration of any foreign company the 
 registration company 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 
 registrar ; 
 
 (b) An affidavit or statutory declaration that the com- 
 pany is still in existence and legally authorised 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 
 service 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 
 binding 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 
 
POEEIGN COMPANIES 335 
 
 Territories for the purposes aforesaid to replace the 
 attorney formerly appointed. -1903, Sess. 1, c. 14, 
 s. 5. 
 
 6. Upon compliance by any foreign company with the cettiflBate of 
 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 requirements of this Ordinance preliminary to the issue 
 thereof have been complied v?ith. 
 
 (2) Such certificate of registration shall be published by the 
 registrar at the expense of the company in the official gazette. 
 1903, Sess. 1, c. 14, s. 6.: 
 
 7. The certificate of registration or any copy thereof Evidence of 
 
 ,, ., ./i./ registration 
 
 certified 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, Sess. 1, c. 14, s. 7. 
 
 8. A company registered under this Ordinance shall on or Annual 
 before the first of March in each year during the continuance 
 
 of such registration make a statement to the registrar verified 
 by affidavit containing as of the thirty-first day of December 
 preceding a summary of the foUovying particulars: 
 
 (a) The corporate name of the company; 
 
 (b) 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 ; 
 (;■) The amount issued subject to call; 
 
336 FOREIGN COMPANIES 
 
 (k) The- number of calls made on each share; 
 
 (I) The total amount of calls received; 
 
 (m) 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 
 company are liable in respect of the unpaid stock 
 held by them ; 
 
 (q) In a concise form such further information respect- 
 ing 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 affidavit by the affidavit of the president and one of the 
 directors; or if there is neither a president nor a 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 filing 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 Act 
 being chapter 124 of the Revised Statutes of Canada shall 
 relieve any company licensed under the said Act from compli- 
 ance 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 conviction 
 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 liable 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, Sess. 1, c. 14, s. 8. 
 
FOEEIGJT COMPANIES 337 
 
 9. If the power of attorney hereinbefore prescribed becomes substituted 
 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 v^eeks 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, Sess. 1, c. 14, s. 9. 
 
 10. Any foreign company required by this Ordinance to No right of 
 become registered shall not -while unregistered be capable of unregistered 
 
 .. .^ ,.. . company 
 
 maintaining any action or other proceeding m any court m 
 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, Sess. 1, c. 
 14, s. 10. 
 
 11. Any foreign company registered under this Ordinance Rights of 
 mav sue and be sued in its corporate name ; and if not pro- company to 
 
 ,.,■;•„ , . , . ^ , / , ^. sue, hold 
 
 hibited from so doing by its charter and. regulations may lands, etc. 
 acquire and hold lands in the Territories by gift, purchase or 
 as mortgagees or otherwise as fully and freely as private 
 individuals ; and may sell, lease, mortgage or otherwise alienate 
 the same. 1903, Sess. 1, c. 14, s. 11. 
 
 13. Every foreign company registered as a company under Rights^and 
 this Ordinance shall subject to the provisions of its charter and regis^tered 
 regulations and of this Ordinance have and may exercise all 
 the rights, powers and privileges by The Companies Ordinance 
 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 every 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, Sess. 1, c. 14, s. 12. 
 
 13. Wo licence fee shall be imposed by any municipal No muniripai 
 council upon any company registered under this Ordinance. 
 1903, c. 14, s. 13. 
 
338 FOEEIGN COMPANIES 
 
 Foreign^com- 14. Notwithstanding anything heretofore contained in this 
 finensednot Ordinance any foreign company holding a licence to carry on 
 documents business in the Territories under the provisions of any 
 Ordinance in that behalf shall upon surrendering such licence 
 to the registrar be entitled to be registered under this Ordin- 
 ance without compliance with any further provisions hereof. 
 1903, Sess. 1, c. 14, s. 14. 
 
 Governors ^^' '^^® Lieutenant Governor in Council may by Order in 
 
 peiTdorrevoke ^°™^^^^ notice of which shall be published in the gazette sus- 
 registration pend Or revoke the registration of any foreign company which 
 refuses or fails to keep a duly appointed attorney within the 
 Territories or to comply with any provi'sion of this Ordinance ; 
 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, Sess. 
 1, c. 14, s. 15. 
 
 POEMS. 
 
 Gl*virnOTmay ^^' '^^® Lieutenant Governor in Council may prescribe and 
 alter forms fj-Qjjj ^jj^q ^q ^^j^q a,lter forms of certificates, powers of attor- 
 ney, applications, statements, returns and other documents 
 relating to applications and other proceedings under this 
 Ordinance. 1903, Sess. 1, c. 14, s. 16. 
 
 ?o'aTO?r to "°* 1^- This Ordinance shall not apply to the corporation 
 Hudson's Bay]j^o,j^ ^s "The Govcrnor and Company of Adventurers of 
 
 England trading into Hudson's Bay." 1903, Sess. 1, c. 14, 
 
 s. 17. 
 
 EEPEAL. 
 
 Repeal 18. Chapter 63 of The Consolidated Ordinances 1898 
 
 intituled An Ordinance respecting Foreign Corporations and 
 Chapter 18 of the Ordinances of 1900 amending the same are 
 hereby repealed. 1903, Sess. 1, c. 14, s. 18. 
 
 FOREST FIRES. 
 
 See PEAIEIE FIEES. 
 
GAME PEOT.EOTION 339 
 
 FORM AND INTERPRETATION OF 
 ORDINANCES. 
 
 See INTEEPKETATION. 
 
 GAME PROTECTION. 
 
 An Ordinance for the Protection of Game ^^29 ^^'^' ^' 
 
 [Assented to November 21, 190S.} 21 Noy.,1903 
 
 rpSE Lieutenant Governor by and witli the advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHORT TITiE. 
 
 1. This Ordinance may be cited as "The Game Ordinance." shoTtmie 
 1903, Sess. 2, c. 2,9, s. 1. 
 
 • INTEBPEETATIO]Sr. 
 
 3. In this Ordinance unless the context otherwise requires : interpretation 
 
 1. The term "gam-e" shall apply to all animals dead or 
 alive mentioned in sections 4 and 5 of this Ordinance and to 
 the parts of such animals ; 
 
 2. The term "big game" shall apply to such animals as are 
 mentioned in section 4 of this Ordinance ; 
 
 3. The term "game bird" shall apply to all birds belonging 
 to the families mentioned in section 5 of this Ordinance; 
 
 4. The term "fur bearing animal" shall apply to such 
 animals as are mentioned in section 6 of this Ordinance; 
 
 5. The term^'close season" shall mean the period during 
 which thfe killing of any animal is prohibited by this 
 Ordinance ; 
 
 6. The term "nonresident" shall mean a person who does 
 not reside in the ISTorth-West Territories ; 
 
 7. The term "guardian" shall apply to any person appointed 
 under the provisions of this Ordinance to see to its 
 enforcement ; 
 
 8. The term "commissioner" shall mean the commissioner 
 of agriculture ; 
 
340 
 
 GAME PEOTECTION 
 
 (2) The period of close seasons shall include the first date 
 but not the last mentioned. 1903, Sess. 2, c. 29, s. 2. 
 
 PROHIBITIONS. 
 
 Hunting on 
 
 "Sunday 
 
 prohibited 
 
 Big game 
 protected 
 
 Game birds 
 protected 
 
 3. ISTo person shall hunt, trap, take, shoot at, wound or kill 
 any beasts or birds mentioned in this Ordinance on the first 
 day of the week commonly known as Sunday. 1903, Sess. 3, 
 c. 29, s. 3. 
 
 4. 'Eo person shall hunt, trap, take, shoot at, wound or kill : 
 
 1. Any bison or buffalo at any time; 
 
 2. Any mountain sheep or goat between the fifteenth day of 
 December and the first day of October in the following year; 
 
 3. Any prong horn antelope between the fifteenth day of 
 ISTovember and the first day of October in the following year ; 
 
 4. Any of the deer family whether known as caribou, moose, 
 elk, wapiti, deer or otherwise in that portion of Assiniboia 
 lying south of township 22 and east of range 2,3 west of the 
 second meridian between the thirtieth day of November and 
 fifteenth day of November in the following year and in any 
 event not more than two of such animals and in other parts of 
 the Territories between the fifteenth day of December and the 
 first day of ISTovember in the following year and in any event 
 not more than three animals of any one species of such family ; 
 
 5. Any female or the young thereof under one year of age 
 of any of the above mentioned animals at any time. 1903, 
 Sess. 2, c. 29, s. 4 and 1904, c. 12, s. 1. 
 
 5. ISTo person shall hunt, trap, take,- shoot at, wound or kill: 
 
 1. Any bird of those species of the family Anatidae, com- 
 monly known as ducks, geese and swans between the fifth day 
 of May and the twenty-third day of August ; 
 
 2. Any bird of the Gruidae commonly known as cranes, 
 between the first day of January and the first-day of August ; 
 
 3. Any bird of the Rallidae or rails and coots, between the 
 fifth day of May and the twenty-third day of August; 
 
 4. Any bird of the Limicolae, or shore birds, including 
 snipe, sandpiper, plover and curlew between the fifth day of 
 May and the twenty-third day of August; 
 
 5. Any bird of the Gallinae, commonly known as grouse, 
 partridge, pheasant, ptarmigan and prairie chicken between 
 the fifteenth day of December and the fifteenth day of 
 September in the following year: 
 
GAME PROTECTION 241 
 
 Provided that no English pheasant shall be taken or killed 
 at any time nor shall more than twenty birds of the family of 
 ■Oallinae be killed by one person in any one day nor more 
 than two hundred in a season. 1903, Sess. 2, c. 29, s. 5 and 
 1904, c. 12, s. 2. 
 
 6. K"o person shall himt, trap, take, shoot at, wound or kill: Fur bearing 
 
 animals 
 
 1. Any mink, fisher or marten between the first day ofP"'""'^*^ 
 April and the first day of November; 
 
 2. Any otter between the first day of May and the first day 
 of November; 
 
 3. Any muskrat between the fifteenth day of May and the 
 first day of November ; 
 
 4. Any beaver at any time before the thirty-first day of 
 December, 1908. 1903, Sess. 2, c. 29, s. 6. 
 
 7. No person shall at any time hunt, trap, take, shoot at. Hunting over 
 
 1 T -n 1-1 1 • T • 1 • 1 ■ enclosed lands 
 
 wound or kill, any bird or other animal mentioned m this prohibited 
 Ordinance if it be upon or over any land enclosed by a fence 
 of any kind or any land under cultivation or covered by 
 buildings nor shall he allow his dog or dogs used for hunting 
 to enter upon such lands without having obtained the consent 
 of the owner or oc.cupant thereof. 1903, Sess. 2, c. 2,9, s. 7. 
 
 8. No person shall hunt, trap, take, shoot at, wound or kill ^'^J-^'^Jf 
 any big game or game birds between one hour after sunset and prohibited 
 one hour before sunrise. 1903, Sess. 2, c. 29, s. 8. 
 
 9. No person shall at any time use or set for the destruction Modes oi 
 
 ^ ^ •' capture 
 
 or capture of game birds : prohibited 
 
 1. Any poison, opium or other narcotic; 
 
 2. Any sunken punts, nightlights, traps, nets or snares of 
 any kind; swivel, spring, automatic or machine shot guns; 
 and any person finding such contrivances set or in use may 
 destroy them without incurring any liability therefor. 1903, 
 Sess. 2, c. 29, s. 9 and 1904, c. 12, s. 3. 
 
 10. No person shall at any time or in any manner take out Export of 
 of, export or cause to be exported from the Territories any big frXbited 
 game or game bird without having obtained permission from 
 
 the commissioner. 1903, Sess. 2, c. 29, s. 10. 
 
 11. Durina: the time in which it is unlawful to kill w.j primafade 
 
 o .TIT -J! J. j: evidence of 
 
 animal or bird as herein provided the possession o± any part ol j^njawf ui 
 such animal or bird (except the skin) shall be deemed prima 
 
342 
 
 GAME PBOTECTION 
 
 Mountain 
 aheep or goat 
 not to be 3old 
 
 facie evidence that such animal or bird was unlawfully killed 
 or taken. 1903, Sess. 2, c. 29, s. 11. 
 
 13. ISTo person other than a game guardian in respect to 
 game forfeited under the provisions of section 26 shall sell or 
 expose for sale, barter or trade nor shall any person buy or 
 obtain from any other person by barter or trade or in any 
 other manner any mountain sheep or goat or any part thereof. 
 1903, Sess. 2, c. 29, s. 12,. 
 
 Certain 
 trading 
 prohibited 
 
 Low grade 
 furs not to be 
 exported 
 
 protected 
 
 Sporting dog 
 to be kept 
 confined 
 
 Permit to 
 take for 
 scientific 
 purposes 
 
 13. No person other than a game guardian in respect to 
 game forfeited under the provisions of section 26 shall at any 
 time offer for sale, barter or exchange any bird of the family 
 Gallinae that has been caught or killed by any person other 
 than himself. 1903, Sess. 2, c. 29, s. 13. 
 
 14. No person shall ship out of the Territories a skin or 
 pelt of any fur bearing animal of lower grade than what is 
 known in the fur trade as No. 3. 1903, Sess. 2, c. 29, s. 14. 
 
 15. No person shall at any time wilfully disturb, destroy 
 or take the eggs of any game bird. 1903, Sess. 2, c. 29, s. 15. 
 
 16. No owner of a dog used for hunting deer or known by 
 the owner to be accustomed to pursue deer shall allow such 
 dog to run at large in any locality where big game are usually 
 found when such game are protected by this Ordinance and 
 such dog found running such game may be killed by any 
 person without incurring any liability therefor. 1903, Sess. 
 2, c. 29, s. 16. 
 
 PERMISSIONS. 
 
 17. The, commissioner may on receipt of an application 
 grant a permit to any person to secure or export for propaga- 
 tion for public parks or zoological gardens or for scientific 
 purposes : 
 
 1. One pair of any or each species of big game ; 
 
 2. One pair of any or each species of game bird; 
 
 3. One nest of eggs of any or each species of game bird : 
 Provided that a fee of $5 accompany the said application 
 
 which shall state distinctly the species required and the 
 special purpose for which wanted and shall be verified by 
 affidavit. 
 
 (2,) The permit shall be returned at the end of the calendar 
 year with a detailed statement of the specimens secured. 1903, 
 Sess. 2, c. 29, s. 17. 
 
GAME PEOTECTION 343 
 
 18. ISTo person not a resident of and domiciled in the Licence for 
 
 m "i ■ ■ 1 n 1 .11 nonrssiaent 
 
 ierritories shall be entitled to hunt, trap, take, shoot at, 
 wound or kill any big game or game bird whether protected 
 by this Ordinance or not without having first obtained a 
 licence in that behalf; every such licence shall be signed by 
 the commissioner and shall be in force for the calendar year 
 in which the same is issued and shall be subject to the 
 provisions of the game laws in force in the Territories at the 
 time the said licence is granted; the fee to be paid therefor 
 shall be $25 for a general licence or $15 for a bird licence; 
 such licence shall not be valid unless the signature of the 
 person to whom it is issued is indorsed thereon. 
 
 (2) Every such person shall on request by a guardian 
 produce and show to such guardian such licence and if he fails 
 or refuses to do so he shall be deemed to have violated the 
 provisions of this section. 
 
 (3) A holder of a general licence shall be entitled to take' 
 with him out of the Territories as trophies the head, skin and 
 hoofs of any big game that have been legally killed by him. 
 1901, c. 32, s. 3. 
 
 (4) The commissioner may make regulations regarding the 
 issuing of such licences and for the remuneration of the 
 persons issuing the same either by a proportion of the licence 
 fee or otherwise. 1903, Sess. 2, c. 29, s. 18. 
 
 19. Notwithstanding anything contained in the next Guest permit 
 preceding section any guardian may grant permission in 
 writing in form A in the schedule to this Ordinance for a 
 
 period not exceeding five consecutive days to any person not 
 a. resident of the Territories who is a bona fide guest of any 
 resident of the Territories permitting such person to hunt, 
 take and kill in company with such resident any game within 
 the period in which it is lawful for such resident to hunt. 
 
 (2) Before the grant of such permission there shall be filed 
 with the game guardian an affidavit by the applicant and such 
 resident in form B in the schedule to this Ordinance. 
 
 (3) The grant of such permission to any person shall not 
 exempt him from penalty for violation of this Ordinance if it 
 shall appear that any statement made in such affidavit is 
 untrue or that such person has since the grant of such permis- 
 sion ceased to be a guest as described in the affidavit. 
 
 (4) A fee of one dollar shall be paid to the game guardian 
 for every such permission granted by him and he shall within 
 one month of the granting of any such permission report the 
 same to the commissioner. 
 
344 
 
 GAME PEOTECTIOlir 
 
 (5) Any resident accompanying or aiding a nonresident to 
 hunt or shoot without the necessary permit shall be held 
 equally to have violated the law and shall be liable to like 
 penalties. 1903, Sess. 2, c. 29, s. 19. 
 
 Possession by 
 taxidermist 
 
 30. Any taxidermist may have in his possession at 
 any time the head or other parts of any animal mentioned in 
 this Ordinance for the purpose of preserving, mounting or 
 stuffing the same if accompanied by an affidavit of the owner 
 thereof stating that such animal was lawfully killed or 
 acquired by him in the Territories or elsewhere. 
 
 (2) Any^game guardian who has reason to believe that any 
 person under cover of this section has any game in his posses- 
 sion contrary to the provisions of this Ordinance shall have 
 power to enter upon the premises of such person 'and make 
 search in every part thereof for such game. 1903, Sess. 2, c. 
 ■29, s. 20. 
 
 Close season 
 for imported 
 game birds 
 
 31. The Lieutenant Governor in Council may when satis- 
 factory reason is shown permit the introduction of foreign ^ 
 game birds and may declare a close season for them during the 
 then current year or may on the receipt of a petition from six 
 game guardians extend the close season for any class of game 
 over the current year within limits. 1903, Sess. 2, c. 29, s. 21. 
 
 PEOSECUTIONS. 
 
 Penalties 
 
 Limitation o£ 
 prosecntlon 
 
 33. Any violation of any of the provisions of this Ordin- 
 ance shall be an offence punishable on summary conviction 
 before a justice of the peace as respects killing or taking of 
 buffalo with a fine not less than $50 and not more than 
 $500 and as respects any other violation of this Ordinance 
 with a fine not exceeding $50 with costs in either case, half 
 of which fine shall be paid to the complainant on his demand 
 therefor and the other half paid into the general revenue fund 
 of the Territories ; but if the complainant makes no demand for 
 half of the fine at or before the conclusion of the trial then the 
 whole of the fine shall be paid into the general revenue fimd 
 of the North-West Territories; on nonpayment of such fine 
 and costs forthwith after conviction the offender shall be 
 imprisoned in the nearest goal for a period not exceeding two 
 months. 1903, Sess. 2., c. 29, s. 22. 
 
 33. No prosecution for violation of any of the provisions 
 of sections 4 or 6 of this Ordinance shall be commenced after 
 twelve months from the date of such violation and no prosecii- 
 
GAME PROTECTION 345 
 
 tion for violation of any other provision of this Ordinance 
 shall be commenced after three months from the date of such 
 violation. 1903, Sess. 2, c. 29, s. 23. 
 
 GAME GUARDIANS. 
 
 f 
 
 34. The commissioner may appoint guardians to enforce Appointment 
 the provisions of this Ordinance who for that purpose shall gulrdians 
 have the power of constables. 1903, Sess. 2, c. 29, s. 24. 
 
 35. All members of the ISTorth-West Mounted Police force n.w.m.p. ex 
 shall be ex officio game guardians under the provisions of this guardians 
 Ordinance. 1903, Sess. 2, c. 29, s. 25. 
 
 36. Any guardian who has reasonable grounds to believe Seizure and 
 that an offence has been committed under this Ordinance may game 
 seize any game in respect of which he believes such offence 
 
 has been committed and take the same before the nearest 
 justice of the . peace who shall notify the person in whose 
 custody the game was found to appear before him at a certain 
 time and establish the rightfulness of his possession of such 
 game and in the event of his failure so to do the justice may 
 declare such game forfeited and it shall thereupon be the 
 property of such guardian. 1903, Sess. 2, c. 29, s. 26. 
 
 APPLICATION OF ORDINANCE. 
 
 37. This Ordinance shall only apply to such Indians as it Application of 
 
 iiri • 1 r-i 1 Ordinance to 
 
 IS specially made applicable to by 'the superintendent (ienerai Indians 
 of Indian Affairs of Canada under the provisions of section 
 133 of The Indian Act as enacted by 53 Victoria, chapter 29, 
 section 10. 1903, Sess. 2, c. 2.9, s. 27. 
 
 38. The Drovisions of this Ordinance shall not apply to Ordinance not 
 the taking of game by curators of museums m the ierritories curators of 
 under the auspices of the Dominion or Territorial Government 
 
 or to their assistants who may be appointed in writing for the 
 purpose of such museums. 1903, Sess. 2, c. 29, s. 28. 
 
 REPEAL. 
 
 39. Chapter 85 of The Consolidated Ordinances 1595, Repeal 
 chapter 23 of The Ordinances of 1899, chapter 32 of the 
 Ordinances of 1901 and chapter 10 of the Ordinances of 1902 
 
 are hereby repealed. 1903, Sess. 2, c. 29, s. 29. 
 
346 GAME PROTECTION 
 
 SCHEDULE. 
 
 EOEM A. 
 
 Quest's Shooting Permit. 
 
 Under and by virtue of the power vested in me under the 
 provisions of The Game Ordinance permission is hereby given 
 
 to of 
 
 the guest of 
 
 of in the JSTorth- 
 
 West Territories to hunt, take or kill in the company of the 
 
 said 
 
 any game under the pi-ovisions of the law in that respect, from 
 
 the day of 
 
 1 .... to the day of 
 
 1 
 
 Fee $1.00. Oame Guardian. 
 
 1903, Sess. 2, c. 29, Eorm A. 
 
 EOEM B. 
 
 Affidavit. 
 
 Canada % _ 
 
 North-West Territories:!^^ Jf '^^^^^'^ ^^ ,. 
 
 To Wit ) Game Ordinance 
 
 We of 
 
 and of 
 
 severally make oath and say as follows: 
 
 1. The said is at present 
 
 residing with the said 
 
 (who is a resident of the ISTorth-West Territories) as his lorm 
 fide guest. 
 
 2. The said 
 
 has not directly or indirectly received nor is it expected that 
 he will directly or indirectly receive any consideration, wages 
 
 or compensation from the said 
 
 for or in respect of his residence with the said . . .• 
 
HAIL INSUBANCE 34)7 
 
 Sworn before ms at 
 
 in the North-West Territories | (Signature. ) 
 
 this day of 
 
 A.D. 1.... 
 
 (Signature. ) 
 1903, Sess. 2, c. 29, Form B. 
 
 GAS COMPANIES. 
 
 See WATER^ GASj ELECTRIC AND TELEPHONE COMPANIES. 
 
 GAZETTE. 
 
 See PUBLIC PRINTING. 
 
 GOODS. 
 
 See BILLS OF SALE. 
 
 CONDITIONAL SALES OF GOODS. 
 FACTORS AND AGENTS. 
 SALES OF GOODS. 
 
 GOVERNMENT. 
 
 See DEPARTMENTS. 
 
 EXECUTIVE GOVERNMENT. 
 PUBLIC SERVICE. 
 
 GRANTS FOR PATRIOTIC PURPOSES. 
 
 See MUNICIPAL. 
 
 GRANTS FOR SCHOOLS. 
 
 See SCHOOL grants. 
 
 GUARDIANS OF INFANTS AND 
 LUNATICS. 
 
 See JUDICATURE. 
 
 HAIL INSURANCE. 
 
 An Ordinance respecting Hail Insurance. 1903, sees, i, 
 
 [Assented to April 25, 190S.'] 26 April, 1903 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
348 HAIL INSUEANCE 
 
 SHOET TITLE. 
 
 Short title 1. xhis Ordinance may be cited as "The Hail Insurance 
 
 Ordinance." 1903, Sess. 1, c. 7, s. 1. 
 
 INTEEPEETATIOK. 
 
 Interpretation 3. Jn this Ordinance unless the context otherwise requires : 
 
 '^''"^ 1. The expression "crop" or "growing crop" means all the 
 
 wheat or all the oats or all the barley or all the flax or all the 
 speltz or all or any of them specially referred to and growing 
 on the area defined in the ajDplication for insurance ; 
 
 •'Miniater" 2. The expression "minister" means the member of the 
 
 Executive Council for the time being administering this 
 Ordinance. 1903, Sess. 1, c. 7, s. 2. 
 
 Ordinance 3. XJnless and until the Lieutenant Governor in Council 
 
 administered otherwise Orders this Ordinance shall be administered by the 
 
 by Territorial i-, n 
 
 treasurer Territorial treasurer. 1903, Sess. 1, c. 7, s. 2. 
 
 Minister 4. Subjcct to the provisious of this Ordinance and on 
 
 make contract behalf of the government of the. Territories the minister may 
 
 and he is hereby empowered to enter into a contract to 
 
 indemnify against actual loss or injury to growing crops by 
 
 hail to an amount of $4 for each and every acre insured. 
 
 (2) ISTo contract shall be valid or binding where the appli- 
 cation made under section 5 of this Ordinance is not made 
 before the crops insured shall have been injuriously affected 
 by hail. 1903, Sess. 1, c. 7, s. 4. 
 
 Application 5. Every application for insurance shall be in form A in the 
 form contract Schedule hereto ; and each such application with the receipt of 
 the minister therefor shall for all the purposes of this Ordin- 
 ance be deemed the contract of insurance. 
 
 (2) The provisions of this Ordinance shall be deemed to be 
 and shall form a part of every contract of insurance. 1903, 
 Sess. 1, c. 7, s. 5. 
 
 Post office ' 6. Each application shall contain the name of the post office 
 to which all notices und 
 1903, Sess. 1, c. 7, s. 6. 
 
 be given to which all notices under this Ordinance shall be mailed. 
 
 Fee to be paid 7. With every application for insurance the applicant shall 
 in addition to an application fee of fifty cents pay to the minis- 
 ter the sum of fifteen cents for every acre to be covered by 
 insurance : 
 
HAIL INSUBANCE 349 
 
 Provided that where the applicant for insurance has only a 
 partial interest in the crop to be insured the rate to be paid per 
 acre shall be that proportion of fifteen cents that the interest 
 of such applicant is in the crop and the insurance to be effected 
 shall be only an insurance of such interest. 
 
 (2) No application for insurance shall be accepted from any Rate of 
 person who has not fully paid up all amounts due by him' 
 under this Ordinance. 1903, Sess. 1, c. 1, s. Y.' 
 
 insurance 
 
 8. The minister is hereby authorised to make such arrange- Transmission 
 ments for the collection and transmission of application forms forS's''"'"'"°° 
 and fees as may seem to be advisable and necessary y ^""^ '^®^ 
 
 Provided that the cost of such collection and transmission 
 shall in no case exceed the amount of the application fee pro- 
 vided for in the next preceding section. 1903, Sess. 1, c. 1, s. 8. 
 
 APPRAISEMENT OP LOSS OE DAMAGE BY HAIL. 
 
 9. Whenever any crop insured under this Ordinance is Notice of loss 
 injured by hail the person whose interest in such crop ig'o be given 
 insured shall forthwith notify the minister by registered letter 
 
 and shall also notify such person as may have been designated 
 by the minister for that purpose. 
 
 (2 ) Such notification shall be deemed to be sufficient if made 
 by the insured person or by any one else on his behalf. 1903, 
 Sess. 1, c. 7, s. 9. 
 
 10. The minister may cause an examination to be made Examination 
 from time to time of any area reported to have been affected aflfected 
 
 oy hail. 1903, Sess. 1, c. 7, s. 10. 
 
 11. The minister shall appraise the actual loss or damage Appraisement 
 done by hail to any crop insured under this Ordinance. 
 
 (2) In case of loss or injury by hail where it is found that 
 through error or mistake the number of acres of crop insured 
 on any rive"r lot or quarter section forms only a part of the 
 total acreage under crop on the river lot or quarter section in 
 which the person insured has any interest, the minister may 
 pay that percentage of the amount of the indemnity payable 
 on account of such loss or injury that the area insured is of 
 the said total area under crop. 
 
 . (3) For the purpose of adjustment under this Ordinance no 
 account shall be taken of the value of the crop and in the 
 event of partial loss the amount of compensation to be paid 
 shall bear the same proportion to the total amount of insurance 
 that the loss bears to the total amount of crop. 1903, Sess. 1, 
 c. 7, s. 11. 
 
350 
 
 HAIL INSUBANCE 
 
 Submission to 
 arbitration 
 
 13. If any person is not satisfied with the appraisement of 
 the minister he may have the question of the amount of the 
 loss or damage actually done to his crop by hail submitted to 
 the arbitration of two persons one to be appointed by himself 
 and one by the minister by notifying the minister of his dis- 
 satisfaction with such appraisement; and such notification 
 shall be a submission under The Arbitration Ordinance and 
 the provisions of the last mentioned Ordinance shall apply 
 thereto. 1903, Sess. 1, c. 7, s. 12. 
 
 Costs of 
 arbitration 
 
 13. The costs of any award of arbitrators made under this 
 Ordinance shall be paid out of the general revenue fund, but 
 should the said award sustain the appraisement made by the 
 minister of the loss or damage done the amount of the 
 indemnity to be paid under the said appraisement shall be 
 reduced by the sum of ten dollars. 
 
 (2) In cases where an arbitration is asked for upon an 
 appraisement of no loss or damage having been done the 
 notification required by the next preceding section shall be 
 accompanied by the sum of ten dollars which sum shall be 
 returned if the minister's appraisement is not sustained by the 
 arbitrators. 1903, Sess. 1, c. 7, s. 13. 
 
 statement 
 of minister 
 
 PAYMENT or EXPENSES AND LOSSES. 
 
 14. On the fifteenth day of October or as soon thereafter 
 as may be practicable the minister shall submit a statement to 
 the Lieutenant Governor in Council setting forth: 
 
 (a) The expenditure made in the administration of this 
 Ordinance ; 
 
 (b) An estimate of the probable amount of liabilities and 
 expenses to be incurred to complete the work of the 
 year; 
 
 (c) The amounts of the several claims as adjusted or 
 otherwise settled ; 
 
 (d) The number of persons insured; 
 
 (e) The number of acres covered by insurance; 
 
 (f) The amount paid by applicants for insurance; 
 
 together with such further statement as may seem necessary to 
 be made. 1903, Sess. 1, c. 7, s. 14. 
 
 be*aid"oJt'of ^^' ^^^^^ ^0 legislative provision has been- made for so 
 
 general doing or where any provision made proves insufiicient for the 
 
 purpose all liabilities incurred under the authority of this 
 
HAIL INSUEANCE 351 
 
 Ordinance may be paid out of the general revenue fund by 
 warrant of the Lieutenant Governor directed to the Territorial 
 treasurer. 1903, Sess. 1, c. 7, s. 15. 
 
 16. After the coming into force of this Ordinance no no company 
 company, association or society shall carry on the business of bumSo" 
 
 insurance against loss or injury to growing crops by hail. 1903 ''"" 
 
 Sess. 1, c. 7 s. 16. • ' 
 
 hall nsuranoe 
 
 17. Chapter 9 of the Ordinances of 1901 intituled "^n Repeal 
 Ordinance respecting Hail Insurance" is hereby repealed 
 1903, Sess. 1, c. 1, s. 17. . 
 
 SCHEDULE. 
 
 FOEM A. 
 
 NO. 
 
 GOVEENMENT OF THE NoETH-WeST TeEEITOEIES. 
 
 TEEASUEY DEPAETMENT. 
 
 Application for Insurance against Loss or Injury by Hail 
 under . The Hail Insurance Ordinance. 
 
 l^ame of applicant 
 
 Post office address District of . 
 
 DESCEIPTIOW OF AEEA UPON WHICH CEOP IS TO BE INSTJEED. 
 
 Section Township . . 
 
 Wh't 
 
 Oats 
 
 B'rl'y 
 
 Flax 
 
 Sp'ltz 
 
 
 Range West Meridian 
 
 No. of 
 Acres 
 
 No. of 
 Acres 
 
 No. of 
 Acres 
 
 No. of 
 Acres 
 
 No. of 
 Acres 
 
 o 
 
 H 
 
 T^orth-east 1/i of Section. 
 
 
 
 
 
 
 JSTorth-west " " 
 
 
 
 
 
 
 
 South-east " " 
 
 
 
 
 
 
 
 South-wp^t " " 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 n <?pf tl PIT) fint . . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total .... 1 
 
 
 
 
 
 
 
 
352 HAIL INSUEANCE 
 
 Tenure of holding {whether as owner, or under homestead 
 
 entry, contract to purchase, lease or otherwise) 
 
 Interest of applicant in crops to be insured 
 
 To whom indemnity is payable should loss occur 
 
 In accordance with the provisions of The Hail Insurance 
 Ordinance 1903 in that behalf I hereby make application for 
 insurance against loss or injury caused by hail, and enclose 
 
 herewith the sum of dollars and cents 
 
 being at the rate of cents for each acre described 
 
 above. I agree to all of the conditions prescribed by the said 
 Ordinance; and I further agree 1hat should any statement 
 made or to be made by me in connection with this my appli- 
 cation for insurance and any contract which may thereupon be 
 entered into prove to be a misstatement such misstatement 
 shall nullify such contract and I shall forfeit all claims under 
 the said Ordinance. 
 
 I declare that no portion of the area described above has 
 been injuriously affected this season by hail prior to the date 
 of this application. 
 
 I further declare that the crop of wheat, oats, barley, flax 
 and speltz or any of them set out and described in this 
 application is all the crop of each of them respectively growing 
 upon each quarter section or river lot mentioned in the 
 application and in which I have any interest whatsoever. 
 
 Dated 190 
 
 In the presence of Applicant. 
 
 of 
 
 Post Office. 1903, Sess. 1, c. 7, Form A. 
 
 HAWKERS AND PEDLERS. 
 
 See AtrcTioNEEES. 
 
 MUNICIPAL. 
 VILLAGES. 
 
 HEALTH. 
 
 See CONTAGIOUS diseases. 
 
 PUBLIC HEALTH. 
 
HEEDING OF ANIMALS 353 
 
 HERDING OF ANIMALS. 
 
 An Ordinance respecting the Herding- of Animals c.o. i898, o. si 
 
 ° ■ IS March, 1899 
 
 mHE Lieutenant Governor by_ and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Herd Ordinance." short title 
 C. 0. 81, s. 1. 
 
 INTEEPEETATION. 
 
 2. In this Ordinance unless the context otherwise requires : 
 
 1. The expression "department" means the department of "Department- 
 agriculture ; 
 
 2. The expression "minister" means the member of the -Minister" 
 Executive Council to whom is assigned from time to time the 
 
 duty of administering the department of agriculture; 
 
 3. The expression "animal" means any horse, mule, jack, "Animal- 
 sheep, goat, neat cattle or swine; 
 
 4. The expression "trespasser" means, any animal doing -Trespasser- 
 damage in the herd district in the manner mentioned in section 
 
 € of this Ordinance; 
 
 5. The expression "pound keeper" means the person for the -Pound 
 time being in the authorised charge of any pound ; keeper" 
 
 6. The expression "justice" means any justice of the peace; "Juatioe- 
 
 7. The expression "proprietor" means the owner of any cul- "Proprietor- 
 tivated land or stack of grain or hay or the person having a 
 permit or licence to cut hay or any superintendent, overseer, 
 servant or other person acting for and on behalf of such 
 
 owner or person; 
 
 8. The expression "owner" means any person owning any "Owner- 
 animal or any agent or overseer of any such owner; 
 
 9. The expression "distrainor" means any person seizing "Distrainor" 
 or distraining any trespasser; 
 
 10. The expression "run at large" or "running at large" at ia?ge"^ 
 means without being imder control of the owner either by 
 being securely tethered or in direct and continuous charge of a 
 herder or by confinement within any building or other 
 inclosure or a fence whether the same be lawful or not ; 
 
 11. The expression "herd district" means the portion or^'gerd^,^ 
 portions of the Territories to which the provisions of section 6 
 14— A. 
 
354 
 
 HEEDING OF ANIMALS 
 
 What districts 
 may be 
 prganised 
 and how 
 
 of this Ordinance have been declared to apply in the manner 
 provided in sections 3 and 4 of this Ordinance. C. O. 81, s. 2. 
 
 ORGANISATION OF HEED DISTEIOTS. 
 
 3. The Lieutenant Governor in Council may by Order made 
 public by notice in the official gazette declare that the pro- 
 visions of section 6 of this Ordinance shall apply to any part 
 of the provisional district of Assiniboia lying to the east of 
 range seventeen vi'est of the third meridian in the Dominion 
 Lands system of survey or any part of the provisional district of 
 Saskatchevran not within the limits of any pound district and 
 being not less than 144 square miles in area; and thereafter 
 the Lieutenant Governor in Council by Order made public in 
 like manner may enlarge such district by adding thereto any 
 adjoining area or may cancel the Order or Orders constituting 
 such district or any part of such district. C. O. 81, s. 3. 
 
 Notice to 
 be given 
 
 How 
 
 Objections 
 how to be 
 made 
 
 4. Before making any such declaration a notice of intention 
 to do so shall be published in the official gazette and posted in 
 at least one post office in each township within that part of 
 the Territories to be -affected by such recommendation or if 
 there be no post office in such township then in the post office 
 nearest thereto at least thirty days prior to making such 
 recommendation. 
 
 (2) Such notice shall be addressed to the post master at 
 such post office inclosed in a registered cover; and all the 
 requirements of this Ordinance respecting the posting of 
 notices shall be held to be completed at the expiration of twenty- 
 four hours after the first mail carrying such notice is scheduled 
 to reach the post office to which the notice is directed. 
 
 (3) If at any time within thirty days after such notice is 
 posted objection is made by a majority of the proprietors of 
 land within such proposed district in form A in the schedule 
 hereto, the facts stated in such objection and the signatures 
 thereto being verified by statutory declaration, the proposed 
 declaration shall not be made with respect to such district; 
 but if no such objection is made within thirty days from the 
 posting of the notice the proposed declaration may be made 
 as hereinbefore provided. C. 0. 81, s. 4. 
 
 When 
 Ordinance 
 shall operate 
 
 OPEEATION OF OEDINANCE. 
 
 5. The provisions of section 6 of this Ordinance shall apply 
 in the herd district between the fifteenth day of May and the 
 thirtieth day of October, both days inclusive, in each year and 
 shall commence to take effect in any area brought undei- the 
 
HEEDING OF ANIMALS 365 
 
 operation of tke said section after the passing of this Ordin- 
 ance on, from and after the fourteenth day after the date of 
 the issue of the oificial gazette containing the notification of 
 such area being brought under the provisions of the said section 
 6 in the manner hereinbefore provided. 0. 0. 81, s. 5. 
 
 6. Any proprietor may distrain anv animal in the herd Motions for 
 
 n . . . , . . T . , . , , / . . . ,. .the doing of 
 
 district withm any period m which this section is m force m which animaie 
 
 ,,.. T . K . -, . , may be 
 
 such district vyhich is doing damage upon his cultivated land impounded 
 or stacks of grain or hay or. upon any slough growing hay in 
 his possession or with respect to which he has a permit or 
 licence to cut hay; and when any such distress is made the 
 distrainor may drive and deliver the animal distrained to the- 
 nearest accessible pound keeper in the herd district and the 
 said pound keeper shall impound such animal and shall be 
 responsible for the feed and safe keeping thereof so long as he 
 is legally bound to hold the same and such pound keeper is 
 empowered to collect the amount of the damage caused by and 
 all the charges for the keeping and other incidental expenses 
 connected with such animal before delivering up the same to 
 the owner; and it shall be the duty of the distrainor to leave 
 with the pound keeper a statement in writing describing the 
 animal distrained, the name of the owner (if known), the place 
 where such distraint was made, the extent of the damage and 
 the amount of the claim therefor and of his reasonable charges 
 incurred in driving such animal to and delivering the same to 
 the pound keeper. C. O. 81, s. 6. 
 
 7. ISTo procedure under The Entire Animals Ordinance stauions^or^ 
 shall be taken with respect to stallions or bulls in any herd district 
 district, but if the proprietor of any land in any herd district 
 captures any stallion or bull running at large within such herd 
 district he shall drive such stallion or bull to and deliver the 
 
 same at the nearest accessible pound in the said herd district 
 whether the owner of such stallion or bull be known to the 
 captor or not ; and such stallion or bull shall be dealt with in 
 every way as a trespasser may be dealt with under this 
 
 Ordinance : 
 
 Provided that the owner of any stallion or bull, who after proviso 
 receiving a notice signed by a justice of the peace that such 
 stallion or bull is running at large contrary to the provisions 
 of this Ordinance and requiring such owner to capture and 
 confine the same neglects or refuses within forty-eight hours to 
 comply with such notice, shall be guilty of an offence and liable 
 on summary conviction thereof before a justice of the peace to 
 a penalty of $5 for every day after the expiration of the time 
 mentioned in said notice the stallion or bull is at large. C. O. 
 81, s. 7. 
 
356 
 
 HEEDING OF ANIMALS 
 
 Animal to 
 be placed in 
 authorised 
 pound 
 
 Temporarily 
 impounded 
 
 8. Any proprietor who shall impound any animal in any 
 pound or place not authorised by this Ordinance shall be guilty 
 of an offence and upon summary conviction thereof before a 
 justice of the peace be liable to a penalty not exceeding $20. 
 
 (2) Any such proprietor upon whose property any animal 
 is found trespassing may (if he know its owner) temporarily 
 impound the same in any convenient place for a period not 
 exceeding three days and shall within twenty-four hours after 
 such impounding deliver to such owner a written memorandum 
 in like manner as it is hereinbefore enacted shall be delivered 
 to a pound keeper with any trespasser impounded in his 
 pound; and shall feed and maintain such animal so 
 impounded; and may at the expiration of such time (if not 
 sooner duly released) deliver it to the keeper of the nearest 
 accessible pound ; and such proprietor may make a charge for 
 feeding and maintaining such animal and for sending notice 
 not exceeding such as might by law be made by a pound 
 keeper, but shall not be entitled to any compensation for 
 damage except for such as was done before the temporary 
 impounding. C. 0. 81, s. 8. 
 
 APPOINTMENT OF POUND KEEPEES. 
 
 Pound 
 keepers to be 
 appointed by 
 the minister 
 
 Proviso 
 
 9. In any herd district the minister may appoint one or 
 more pound keepers therefor and notice of every such appoint- 
 ment shall be published in the official gazette, describing the 
 name and post office address of such pound keeper and the 
 location of the pound: 
 
 Provided that all pounds established or pound keepers 
 appointed therefor at the time of the passing of this Ordinance 
 shall be deemed to be the pounds established and the pound 
 keepers appointed under the provisions of this Ordinance and 
 subject to the provisions thereof. C. O. 81, s. 9. 
 
 mints to'"*^" ^^' ~^'^^^J appointment of a pound keeper made under the 
 Dumber 31 P^'ovisions of this Ordinance shall terminate on the thirty-first 
 annually (Jay of December in each year but all pound keepers so 
 
 appointed may at the expiry of each period of twelve months 
 
 be eligible for reappointment. 
 
 ^*umikee°e? ^^^ ^^■^ pound keeper wishing to resign his appointment 
 may do so but no such resignation shall take effect until a 
 successor to such pound keeper is appointed. C. O. 81, s. 10. 
 
 Publication 
 of notices 
 
 11. Every notice of the appointment or removal of any 
 pound keeper or the establishment or abolition of any poimd 
 published in the official gazette of the Territories shall be 
 
HEEDING OF ANIMALS 357 
 
 evidence that such pound keeper or pound has been legally 
 appointed, removed, established or abolished as in the said 
 notice is mentioned. C. O. 81, s. 11. 
 
 DUTIES OF POUND KEEPERS. 
 
 13. Every pound keeper shall keep a pound book in a form Book to be 
 to be prescribed by the minister from time to time and shall pound^eeper 
 make all entries therein as soon after the doing of the several 
 things required to be entered therein as possible and shall not 
 make any entry after any dispute as to the subject matter of 
 such entry shall have arisen; and the said pound book and a 
 copy of this Ordinance which the pound keeper is hereby 
 required to keep shall at all reasonable times be open to the 
 inspection of any justice or member of the North- West 
 Mounted Police force free of charge and of any other person 
 upon payment of the sum of ten cents ; and every such pound 
 keeper shall grant extracts from his pound book to any person 
 requiring the same upon payment of twenty-five cents for each 
 extract not exceeding one hundred words and the sum of ten 
 cents for every subsequent number of words not exceeding one 
 hundred. 
 
 (2,) Everv pound keeper shall on his removal from office or and handed 
 
 ovGr to 
 
 on the acceptance of his resignation deliver such pound book successor 
 to the person who may be appointed to receive it. C. 0. 81, 
 s. 12. 
 
 • 13. Every pound keeper shall at his own cost keep the Pounds to be 
 pound to which he is appointed clean and in good repair and 
 shall supply the animals impounded therein with sufficient and 
 wholesome food and water and the pound keeper may send 
 such animals out of his pound at fit times and to fit places for 
 grazing or watering and every pound keeper shall be respon- 
 sible to the owner of any impounded animal for every loss or 
 damage occasioned by any act of himself or his agent. CO. 
 81, s. 13. 
 
 14. Everv pound keeper shall make such return to the Returns to 
 minister relating to the impounding of animals in his pound as 
 
 may from time to time be required by him. C. O. 81, s. 14. 
 
 PAYMENT OE CHABGES ON IMPOUNDED ANIMALS. 
 
 15. All charges payable in respect of any impounded ctarge^s^to^^ 
 animal shall be payable in the first instance to the pound po""-! keeper 
 keeper who shall hold the same subject to the provisions of 
 
 this Ordinance for the person entitled thereto. 0. O. 81, s. 15. 
 
3£8 
 
 HEEDING OF ANIMALS 
 
 Penalty for 
 
 improper 
 
 impounding 
 
 Animal may 
 be released 
 before 
 impounding 
 
 16. 'No charges or claim fqr damage done shall be payable 
 to or recoverable by any person in respect of the trespass of 
 or damage done by any animal who shall impound or detain 
 such animal for upwards of three days in any place not being 
 a pound within the meaning of this Ordinance. 0. O. 81, s. 16. 
 
 17. Whenever any animal has been captured or distrained 
 by any person under any of the provisions of this Ordinance 
 for the purpose of impounding the same if the owner of the 
 animal or some person on his behalf pay or tender to the 
 person seizing or having charge of such animal before the 
 same has been actually impounded the charges for which such 
 animal has then become liable under this Ordinance, the person 
 having charge of such animal shall forthwith deliver up the 
 same to the owner or the person tendering the said charges on 
 his behalf. C. 0. 81, s. 17. 
 
 fo^deuhfiyf^ ^^' Every pound keeper shall receive and detain in his 
 
 fm^unded' custody any animal lodged in his pound until the damages for 
 
 which such animal was impounded and all lawful fees and 
 
 charges shall be paid or until he shall receive notice of the 
 
 decision of the justice as hereinafter provided. C. O. 81, s. 18. 
 
 NOTICE OF IMPOUNDING. 
 
 Kiven'by"^'^ 19. If the owncr of any impounded animal is known to the 
 pound keeper pQ^^(j keeper the pound keeper shall forthwith deliver at or 
 
 post to the address of such owner a notice in form B in the 
 
 schedule hereto. 
 
 (2) In case such owner is not known or such owner or 
 person notified shall not within three days after the posting 
 or delivery of such notice appear at the pound and release the 
 animal so impounded by the payment of the lawful fees, mile- 
 age rates and claim for damages the pound keeper shall 
 forward to the department for insertion in two consecutive 
 issues of the official gazette a notice in form B in the schedule 
 hereto. C. 0. 81, s. 19. ■ 
 
 Coijies of all 
 notices to be 
 posted at 
 pound 
 
 30. Every pound keeper shall without charge therefor in 
 addition to any copies of any notice which he may be required 
 under this Ordinance to post or deliver, post a copy of every 
 such notice in a conspicuous place at his pound and shall keep 
 and. maintain such notice at his pound during the whole of such 
 time such notice may refer to. 0. 0. 81, s. ^0. 
 
 SALE OF IMPOUNDED ANIMALS. 
 
 impounded ^^' When any animal shall not have been released from the 
 
 be'sTd^ ""^^ pound within twenty days after the notice has been inserted 
 
HEEDING OF ANIMALS 359 
 
 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 Pound keepers 
 
 purchase any animal at such sale or have any interest of any fntereat*^* 
 
 kind in any animal so purchased. 0. O. 81, s. 21, '° ^^ ^ 
 
 33. If more than one animal is impounded on any distress When animals 
 and the owner thereof is known the pound keeper shall not sow 
 Bell any more of such animals after he has realised 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 realised and the disposition 
 thereof. 0. O. 81, s. 22. 
 
 33. No pound keeper making a sale under .the provisions of Pound keeper 
 any Ordinance shall be liable to a penalty for selling without licensed as 
 
 • /-I /-v ow oo auctioneer 
 
 a license as an auctioneer. (J. O. 81, s. 26. 
 
 PEOCEEDS OF SALE^ HOW DISPOSED OF. 
 
 34. The proceeds of the sale of any impounded animal sold Disposal of 
 under the provisions of this Ordinance shall be applicable in sale 
 payment : 
 
 (a.) Of any costs and charges attending such sale; 
 (h) 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. 0. O. 81, s. 24. 
 
 35. Any money paid to the minister under the provisions o^^e^p^ci*™ 
 of the section next preceding shall be paid, over to the owner 
 
 of the animal- sold on evidence (satisfactory ,to the minister or 
 other officer appointed to examine into the same) being 
 
360 
 
 HEEDING OF ANIMAXS 
 
 furnished and application therefor being made to the Lieu- 
 tenant Governor within twelve m'onths from the date of the 
 sale; otherwise such money shall form part of the general 
 revenue fund. C. 0. 81, s. 25. 
 
 COMPLAINTS OF OWNEE. 
 
 What action 
 may be taken 
 by owner 
 
 How 
 
 complaint 
 shall be 
 formulated 
 
 36. The owner of any impounded animal may give notice 
 in 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 authorised 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. 
 
 (2) Such complaint may be upon one of the following 
 grounds : 
 
 (a) That the impounding was illegal; or 
 
 (6) That the damages claimed are excessive; or 
 
 (c) 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. 81, s. 26. 
 
 Hearing of 
 complaint 
 
 37. Within ten days after giving the notice in the last 
 preceding section mentioned the owner may lodge his com- 
 plaint as set forth in the notice with a justice of the peace who 
 thereupon shall institute the like proceedings as are authorised 
 under part LVIII of The Criminal Code 1892 for justices 
 making orders for the payment of money; and upon hearing 
 the complaint the justice may determine the matter of such 
 complaint; and if the justice: 
 
 1. Adjudges that the animal impounded was illegally 
 impounded as claimed the justice shall order the said animal 
 (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 (h) of subsection 
 (2) of the last preceding section the amount of damages the 
 impounder has sustaia^d to be less than claimed then the 
 justice shall order the excess and the owners costs of the pro- 
 ceedings to be paid to the owner by the pound keeper out of the 
 
HERDING OF ANIMALS 361 
 
 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 cost of the pro- 
 ceedings and in default of such payment the animal impounded 
 shall be sold and the proceeds applied as directed by this 
 Ordinance; or 
 
 3. Adjudges that the animal impounded was legally 
 impounded or that the amount of the damage sustained was 
 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 authorised fees 
 together with the costs of the proceedings; and in default of 
 such payment the animal impounded shall be sold and the 
 proceeds applied as directed by this Ordinance ; or 
 
 4. rinds on a complaint laid as in clause (c) of subsection 
 (2) of the last preceding section that the animal was legally. 
 impounded 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. C. O. 81, s. 27. 
 
 38. l^othing in this Ordinance contained shall deprive the owner's 
 owner of any animal impounded of any action, remedy or right commorf law 
 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 Pi-otIso 
 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 
 poimd 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. C. O. 81, s. 28. 
 
 29. IsTothing herein contained shall prevent the owner of Damages may 
 any lands trespassed upon or of any property destroyed from *^^<'°^|'„j 
 waiving the rights created by this Ordinance and bringing his "ourt 
 action in any competent court in consequence of any trespass. 
 
 C. O. 81, s. 29. 
 
 OFFENCES AND PENALTIES THEEEFOE. 
 
 30. If any pound keeper : S'ktper. 
 
 ^ , . . . , 1 , are liable to 
 
 1. Impounds or assists or incites or employs any person to for- 
 impound any animal in any district unless such animal was ™p°"° '°^ 
 
362 
 
 HEEDING OF ANIMALS 
 
 Purchasing 
 impounded 
 animals 
 
 Making; 
 
 unauthorised 
 
 charges 
 
 Not paying 
 over moneys 
 
 NeglectinK 
 to care for 
 impounded 
 animals 
 Milking cows 
 
 Not keeping 
 books 
 
 Impounding 
 healthy with 
 diseased 
 animals 
 
 Not giving 
 proper notice 
 
 Causing 
 damage by 
 neglect 
 
 doing damage on the pound keepers 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 authorised by this Ordin- 
 ance; 
 
 4. Fails to pay over any money held by him under the 
 provisions 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 n£> pound keeper shall be liable for any 
 penalty for milking or allowing to be milked any cow while 
 such cow is impounded ; 
 
 6. 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 affected; 
 
 8. Pails to give any notice required by this Ordinance; 
 
 9. Neglects to do anything required by this Ordinance to be 
 done whereby damage is incurred by any person; 
 
 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. C. O. 81, 
 
 s. 30. 
 
 Burden of 
 proof that 
 animals are 
 cared for on 
 
 31. When any pound keeper is charged with neglecting to 
 provide sustenance for any animal impounded the burden of 
 pound keeper proving that proper sustenance was provided for such animal 
 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. C. 0. 81, s. 31. 
 
 Penalties 33. jf ^ny person commit any of the next following 
 
 offences he shall on summary conviction thereof before a 
 justice of the peace be liable to a penalty not exceeding $100 : 
 
HEEDING OP ANIMALS 863 
 
 1. Eescues or attempts to rescue or interferes with any Rescuing 
 animal impounded or seized for the purpose of being Lnimal"^"^ 
 impounded ; 
 
 2. Destroys or injures or attempts to destroy or injure any Destruction 
 pound ; "' p''""'^ 
 
 3. Illegally impounds any animal; inegai 
 
 impounding 
 
 4. Drives any animal upon any cultivated land or to any Causing 
 stack of grain or hay or upon any slough growing hay. 0. 0. tr"es°paL'° 
 81, s. 32. 
 
 FEES. 
 
 33. The following and no other shall be the fees authorised Autiiorised 
 by this Ordinance in connection with animals impounded'**" 
 within any herd district: 
 
 1. To the proprietor of any land trespassed upon or other Expenses 
 property injured by any animal or the proprietor capturing a'Smai™*' 
 any estray, for driving and delivering such animal to the''°'^" 
 pound keeper, his reasonable expenses; 
 
 2. To such proprietor for capturing and impounding any capturing 
 stallion of the age of one year and upwards or any bull of the orbuii" 
 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 Giving notice 
 day any animal is lawfully detained before being placed in temporary 
 pound, such fees for making such notification and for the sus- '"'p°"" '"^ 
 tenance of such animal as a pound keeper may be authorised 
 
 to charge for like services ; 
 
 5. To the pound keeper to provide for the care and sus- Sustenance of 
 
 ■^ r sr ... impounded 
 
 tenance of each animal for each day such animal is impounded animals 
 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; 
 
 6. To the pound keeper for notifying owner of animal Notice 
 
 , ■, to owner 
 
 impounded, ten cents ; 
 
 7. To the pound keeper for forwarding notification to Notice to 
 
 ^ -^ rv. ■ T department 
 
 department for insertion in the official gazette, ten cents. 
 
 8. To the pound keeper for posting notices of animals ?^°^'>^r'i?t°''*'^ 
 impounded, each such notice to include all animals impounded 
 
364 
 
 HERDING. OP ANIMALS 
 
 Advertising ^t 0116 distress or Seizure, $1 ; and the actual cost of newspaper 
 
 advertising, not to exceed $1 ; when incurred ; 
 Notices of sale 9. To the pound keeper for posting notices of sale, each 
 
 such notice to include all animals impounded at one distress or 
 
 seizure, $1. 
 Mileage iQ. To the pound keeper for each mile necessarily travelled 
 
 in the performance of his duties, ten cents. 
 
 Sale charges " 11. To the pound keeper for selling impounded animals and 
 applying the proceeds as directed by this Ordinance, $2i.50 per 
 centum commission upon the amount realised on the sale. C. 
 0. 81, s. 33. 
 
 SCHEDULE. 
 
 EOKM A. 
 
 To the Lieutenanl Governor in Council: 
 
 We, the undersigned, being proprietors or occupiers of land 
 in (here describe the district proposed to he constituted as a 
 herd district) hereby record our objection to the provisions of 
 The Herd Ordinance being enforced within the' said District: 
 
 NAME. 
 
 LAND OWNED OE OCCUPIED. 
 
 
 Quarter 
 
 Section 
 
 To'nship 
 
 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 occupiers 
 of land under whatever tenure or superintendents, overseers or 
 other duly authorised 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 owniyig or occupy- 
 ing 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; 
 
HEEDING OB" ANIMALS 365 
 
 3. That each of the {numher of persons signing the state- 
 ment) 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 authorised 
 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 cognisant of tlie contents thereof. 
 
 And I make this solemn declaration conscientiously believ- 
 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 
 Evidence Act 189S. 
 
 {Signature of person making declaration.) 
 
 Declared before me 
 at 
 
 this day 
 
 of 1 . 
 
 (Signature of person administering declaration.) 
 
 C. O. 81, Form A. 
 
 FOKM B. 
 
 To (name of owner or Department of Agriculture, as the case 
 may he.) 
 JN'otice is hereby given uiider section 19 of The Herd Ordin- 
 ance that (description of animal impounded) was impounded 
 in the pound kept 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.) 
 G. O. 81, Form B. 
 
 HIRE RECEIPTS. 
 
 See ADDITIONAL SALES OI? GOODS. 
 
366 
 
 HOBSE BEEEDEES 
 
 1903 c. 23 
 
 HORSE BREEDERS. 
 
 An Ordinance to Protect Horse Breeders in the 
 North- West Territories. 
 
 19 June, 1903 [Asseuted to June 19, 190S.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the iLegisIative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TrrLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "The Horse Breeders' 
 Ordinance." 1903, Sess. 1, c. 2,3, s. 1. 
 
 INTBEPEBTATIOIT. 
 
 Interpretation 2. The expression "commissioner" means the commissioner 
 of agriculture; 
 
 The expression "department" means the department of 
 agriculture ; 
 
 The expression "owner" includes a part owner. 1903, Sess. 
 1, c. 23, 8. 2. 
 
 of^tamons"" ^' E'^^i'y person, firm or company standing or travelling 
 any stallion for profit or gain in the ISTorth-West Territories 
 shall cause the name, description and pedigree of such stallion 
 to be enrolled in the department and shall procure a certificate 
 of such enrolment as hereafter provided. 
 
 (2) No fee shall be required for such enrolment and certifi- 
 cate for any stallion registered under the provisions of chapter 
 20 of the Ordinances of 1899 but in all other cases there 
 shall be paid for such enrolment and certificate a fee of $2. 
 
 (3) Upon a transfer of the ownership of any stallion 
 enrolled under this section the certificate of enrolment may 
 be transferred to the transferee by the commissioner upon 
 proof to his satisfaction of such transfer and upon payment of 
 the fee of $1. 1903, Sess. 1, c. 23, s. 3. 
 
 Copies of 4. The owner of any stallion shall post up and keep affixed 
 
 registration to during the wholc of the season copies of the certificate of such 
 
 be posted up ,,..,, , . , 
 
 stallion issued under the next preceding section m a conspic- 
 uous place both within and upon the outside of the main door 
 leading into every stable or building where the said stallion 
 stands regularly for public service. 1903, Sess. 1, c. 23, s. 4. 
 
HOESE BREEDEES 367 
 
 5. The certificate issued for a stallion whose sire and dam certmoate of 
 are of pure breeding and which is registered in a stud bookstaiiion 
 approved by the commissioner shall be in form A in the 
 schedule hereto. 1903, Sess. 1, c. 23, s. 5. 
 
 6. The certificate issued for a stallion whose sire or dam is c^ertmcateof 
 not of pure breeding shall be in f orm B in the schedule hereto. ^"^"^ *^ 
 1903, Sess. 1, c. 23, s. 6. 
 
 7. The certificate issued for a stallion whose sire and dam certificate of 
 are pure bred but not of the same breed shall be in form sTaiuon^ 
 
 in the schedule hereto. 1903, Sess. 1, c. 23, s. 1. 
 
 8. Every bill, poster or advertisement issued by the owner Advertise- 
 of any stallion enrolled under this Ordinance or used by himstaiuons 
 for advertising such stallion shall contain a copy of its certifi- 
 cate of enrolment. 1903, Sess; 1, c. 23, s. 8. 
 
 9. The production of any bill, poster or other printed or Evidence of 
 written matter advertising any stallion for public service shall ^ ^^"^ '^ ™ 
 be prima facie evidence that such bill, poster or other adver- 
 tising material was used to advertise the stallion named and 
 described therein by or with the consent of the owner or 
 owners of the said stallion. 1903, Sess. 1, c. 23, s. 9. 
 
 EEGISTEATIOIT OF LIEIT FOE SEEVICE. 
 
 10. The owner of any stallion holding a certificate of Filing 
 enrolment for such stallion under section 5 of this Ordinance claim for 
 
 . . Tij-.i service 
 
 or his agent may file in the ofiice of the registration clerk ot the 
 registration district for mortgages and other transfers of per- 
 sonal property in which the owner or person in charge of any 
 mare upon which such stallion performs service resides, within 
 twelve months after such service is performed, a statutory 
 declaration setting forth : 
 
 1. The amount of service fee; 
 
 2. That the same is unpaid ; 
 
 3. The fact of such service ; 
 
 4. A reasonable description of such mare; and 
 
 5. The name and residence of the owner of such mare. 
 (2) For filing such statutory declaration the registration 
 
 clerk shall be entitled to a fee of ten cents. 1903, Sess. 1, c. 
 2,3, s. 10. 
 
 11. The owner of such stallion upon filing such statutory Effect of aung 
 declaration and complying with the provisions of this Ordin- 
 
368 
 
 HOESE BEEEDEBS 
 
 ance shall have a lien for the amount of said service fee and 
 costs as hereinafter provided upon the colt or filly the offspring 
 of any such stallion by reason of the service in respect of which 
 such statutory declaration is filed which lien shall take and 
 have priority over any and all writs of execution, chattel 
 mortgages, bills of sale, claims and incumbrances whatsoever. 
 1903, Sess. 1, c. 23, s. It. 
 
 ENFOECEMEKT OE LIEN. 
 
 Sale of colt 13. If payment of the service fee is not made before the 
 
 first day of January in the year following the year in which 
 the colt or filly is born, the owner of said stallion or his duly 
 authorised agent may at any time before the first day of May 
 following take possession of the colt or filly uiDon which he has 
 such lien as aforesaid wherever the same may be found and 
 may proceed to sell the same by public auction after giving 
 the person in whose possession the said colt or filly was when 
 taken ten days' notice in writing of such intention to sell 
 which notice may be effectually given to such person by 
 delivering the same to him personally or by posting it upon 
 the door of such person's last known place of residence in the 
 ISTorth-West Territories. 1903, Sess. 1, c. 23, s. 12. 
 
 Application 
 of proceeds 
 
 13. The proceeds of sale shall be applied first in payment of 
 the reasonable expenses of the taking of possession, giving of 
 notice, and conduct of sale, not in any case to exceed $10 in all, 
 and next in payment of said service fee, and the balance shall 
 be paid forthwith by the owner of the stallion to the person 
 from whose possession such colt or filly was taken. 1903, Sess. 
 1, c. 23, s. 13. 
 
 Penalties 
 
 14. Violation of any of the provisions . of this Ordinance 
 shall be an offence for which the offender shall be liable on 
 summary conviction to a penalty not exceeding $25. 1903, 
 Sess. 1, c. 23, s. 14. 
 
 Repeal 15. Chapter 20 of the Ordinances of 1899 is hereby 
 
 repealed. 1903, Sess. 1, c. 23, s. 15. 
 
 Commence- 
 ment 
 
 16. This Ordinance shall come into force on the first day 
 of January, 1904. 1903, Sess. 1, c. 23, s. 16. 
 
HOKSE BEEEDEES 369 
 
 SCHEDULE. 
 
 FOKM A. 
 
 GOVEE^MENT OF THE ISToETH-WeST TbEEITOEIES OF CaNADA. 
 DEPAETMENT OF AGEI0U1.TCEE. 
 
 Certificate of Pure Bred Stallion No. 
 
 The pedigree of the stallion (Name) 
 
 described as follows: 
 (colour) 
 
 foaled in the year , has been examined in the depart- 
 
 ment and I hereby certify that the said stallion is of pure 
 breeding and is registered in a stud book recognised by the 
 department. 
 
 Commissioner of Agriculture. 
 1903, Sess. 1, c. 23, Form A. 
 
 FORM B. 
 
 GOVEEXJIEXT OF THE ISToETH-WeST TeEEITOEIES OF CaNADA. 
 DEPAETMENT OF AGEICUI.TTTEE. 
 
 Certificate of Grade Stallion No. 
 
 The pedigree of the stallion (Name) 
 
 described as follows : 
 (colour) 
 
 foaled in the year , has been examined in the depart- 
 
 ment and it is found that the said stallion is not of pure 
 breeding and is, therefore, not eligible for registration in any 
 stud book recognised by the department. 
 
 Commissioner of Agriculture. 
 1903, Sess. 1, c. 23, Form B. 
 
 FOEM C. 
 
 Government of the JSToeth-West Teeeitoeies of Canada. 
 depaetmbnt of ageicultuee. 
 
 Certificate of Cross Bred Stallion No. 
 
 The pedigree of the stallion 
 described as follows : 
 (colour) 
 
370 
 
 HOSPITALS 
 
 foaled in the year , has been examined in the depart- 
 
 ment and it is found that his sire is registered in the 
 and his dam in the 
 Such being the case, the said stallion is not eligible for 
 registration in any stud book recognised by the department. 
 
 Commissioner of Agriculture. 
 1903, Sess 1, c. 23, Form C. 
 
 HOSPITALS. 
 
 1901 o. 8 
 
 12 June, 1901 
 
 An Ordinance to regulate Public Aid to Hospitals. 
 
 [Assented to June 12, 1901.'] 
 
 THE 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 cit«d as "TJie Hospitals 
 
 Ordinance." 1901, c. 8, s. 1. 
 
 "Commis- 
 sioner" 
 
 INTEEPEETATION. 
 
 Interpretation 3. In this Ordinance unless the context otherwise requires: 
 
 1. The expression "commissioner" means the commissioner 
 of agriculture; 
 
 "Department' 2.. The expression "department" means the department of 
 agriculture ; 
 
 "Patient" 3. The expression "patient" mea,ns 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. 
 
 3. Such hospitals in the Territories as the Lieutenant 
 Governor in Council may designate upon complying with the 
 provisions of this Ordinance and of all regulations made 
 thereunder shall receive public aid at the rate of twenty-five 
 cents per day for each day's actual treatment and stay of 
 every patient in such hospital during the calendar year next 
 preceding the year for which such aid is given. 1901, c. 8, s. 3. 
 
 Advances 4. The Territorial treasurer may advance and pay by such 
 
 from time periodical payments as the Lieutenant Governor in Coimcil 
 
 may from time to time fix and determine all sums which any 
 
 Aid to 
 hospitals 
 
HOSPITALS 371 
 
 hospital may be entitled to receive under this Ordinance out 
 of any moneys in his hands applicable to general purposes or 
 specially appropriated for the purpose by the Legislativ-; 
 Assembly. 1901, c. 8, s. 4. 
 
 5. The Lieutenant Governor in Council may prescribe Lieutenant 
 regulations respecting the management, maintenance and councluniy 
 accommodation of all hospitals receiving public aid under this reguiaHons 
 Ordinance. 1901, c. 8, s. 5. 
 
 KETUENS. 
 
 6. The commissioner may from time to time fix and direct vi^hen and 
 the particulars to be contained in and the form, manner and to be made 
 time of making returns ; and shall fix and direct the form and 
 manner of oath, affirmation or declaration required for the 
 verification of any such return and the person or persons hy 
 
 ■whom such oath shall be made. 1901, c. 8, s. 6. 
 
 INSPECTION OF HOSPITALS. 
 
 7. The commissioner may appoint one or more inspectors inspection 
 to 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 
 Ihereof 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 vs^as 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 .at 
 subject for hospital treatment. 1901, c. 8, s. 7. 
 
 FALSE EETUENS. 
 
 8. Any person who knowingly and wilfully makes or is aPenaity,^^ 
 party to or procures to be made directly or indirectly any false '*!«« retun. 
 return under this Ordinance shall thereby incur a penalty 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 Territories. 1901, 
 c. 8, s. 8. 
 
372 INQUIRIES CONCERNING PUBLIC MATTERS 
 
 Repeal 9. The Hospitals Ordinance being chapter 20 of The Con- 
 
 solidated Ordinances 1898 is hereby repealed. 1901, c. 8, s. 9. 
 
 Commence- 10. This Ordinance shall come into force on the first day 
 
 ment 
 
 of July, A.D. 1901. 1901, c. 8, s. 10. 
 
 HOTELS. 
 
 See KEEPERS OF HOTELS AND BOARDING HOUSES. 
 LIENS. 
 LIQUOR LICENCE. 
 
 ILLEGITIMATE CHILDREN. 
 
 See DEVOLUTION OF ESTATES. 
 
 SUPPORT OF ILLEGITIMATE CHILDREN. 
 
 IMPROVEMENTS. 
 
 See LOCAL IMPROVEMENT. 
 
 INFANTS' CUSTODY AND PROPERTY. 
 
 See JUDICATURE. 
 
 INJURIES TO STOCK. 
 
 See STOCK injured by railway trains. 
 
 INJURIES TO WORKMEN. 
 
 See woRKMEN^s compensation. 
 
 INQUIRIES CONCERNING PUBLIC 
 MATTERS. 
 
 fs March TsEil "^^^ Ordinance repectingf Inquiries Concerning Public 
 
 Matters. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Commissions 1. The Lieutenant Governor in Council may, when he 
 
 of inquiry •' ' 
 
 deems it expedient to cause inquiry to be made into and con- 
 cerning any matter within the jurisdiction of the Legislative 
 Assembly and connected with the good government of the 
 Territories Or the conduct of the public business thereof, 
 appoint commissioners to make such inquiry and to report 
 thereon. C. 0. 12, s. 1. 
 
INSANE PERSONS 373 
 
 2. The Lieutenant Governor may by the commission by ^°^'^fgg°o„ej.j 
 which he appoints them confer upon the commissioners the 
 
 power of summoning witnesses before them and to require 
 such witnesses to give evidence on oath, orally or in writing 
 or on solemn affirmation (if they are persons entitled to affirm 
 in civil matters) and to produce such documents and things as 
 the commissioners may deem requisite to the full investigation 
 of the matters into which they are appointed to inquire; and 
 the commissioners shall have the same power to enforce the 
 attendance of witnesses and to compel them to give evidence 
 as is vested in any court of record in civil cases. C. O. 12, s. 2. 
 
 3. The Lieutenant Governor in Coimcil may appoint one or inspection o( 
 more inspectors to visit and inspect the office of any clerk or 
 
 deputy clerk of the supreme court, any sheriff or deputy 
 sheriff or registration clerk and make all proper inquiries as to 
 the maintenance, management and affairs of any such office; 
 and by examination of the books and by such other means as 
 he may deem necessary such inspector shall particularly satisfy 
 himself as to the correctness of any returns required under any 
 Ordinance or under any order of the Lieutenant Governor 
 in Council to be made by the officer whose office he is inspecting 
 upon all matters which the inspector shall make report to the 
 Lieutenant Governor. 
 
 (2) The Lieutenant Oovernor in Council may also from 
 time to time when he deems it expedient appoint an inspector to 
 examine into the affairs of any public administrator or any 
 other public officer whether such person ha.-; ceased to be such 
 public administrator or other public officer or not and report 
 to him upon the condition of such affairs. C. O. 12, s. 3 and 
 1903, Sess. 1, c. 5, s. 1. 
 
 INSANE PERSONS. 
 
 * An Ordinance respecting Insane Persons. fsMirch'.Vg" 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. When an information is laid before a justice of the peace issue^of^^^ 
 that any person is or is suspected and believed to be insane intOTmaton 
 such justice may issue- his warrant in form A in the schedule 
 
374 
 
 INSANE PERSONS 
 
 hereto to apprehend such person and cause him to be brought 
 before him or some other justice of the peace. C. 0. 90, s. 1. 
 
 Evidence to 
 be taken 
 
 2. Upon the person charged as aforesaid being brought 
 before such justice the said justice shall proceed to hear such 
 evidence under oath as may be adduced with reference: 
 
 (a) To the alleged insanity of the person so brought 
 before him, adjourning the inquiry from time to time 
 as may be necessary for the purpose and remanding 
 him meanwhile to gaol or other safe custody; 
 
 (&) To his residence for at least the six months previous 
 to the inquiry; 
 
 (c) To his calling or profession; 
 
 (d) To his means of support; 
 
 (e) To the fact of his being married or unmarried; also 
 
 (/) As to whether or not the said person if committed 
 under the provisions of this Ordinance will be sent 
 back to his former residence and at whose cost. 0. 
 O. 90, s. 2. 
 
 Committal if 
 found insane 
 
 Otherwise 
 discharged 
 
 Power to 
 summon 
 witnesses 
 
 3. If after hearing the evidence adduced the justice of the 
 peace is satisfied the person so brought before him is insane 
 such justice shall commit him by warrant in form B in the 
 schedule hereto to a gaol or other safe custody there to remain 
 until the pleasure of the Lieutenant Governor is known or 
 until the said person is discharged by law and shall forthwith 
 niake a report of the case accompanied with * * * 
 the information and evidence taken, to the attorney general, 
 who shall have power if he sees fit to order further inquiries to 
 be made. C. O. 90, s. 3 and 1899, c. 24, ss. 1 and 2. 
 
 4. In case it appears to such justice thai such person is not 
 insane the justice shall discharge him. C. O. 90, s. 4. 
 
 5. The justice of the peace acting imder the provisions of 
 this Ordinance shall have the like authority for compelling the 
 attendance of witnesses as such justice would have under any 
 law or statute in force respecting summary convictions and 
 shall be entitled to the same fees. C. O. 90, s. 5. 
 
INSANE PEESOWS 375 
 
 SCHEDULE. 
 
 FOEM A. 
 
 Canada: ^ To all or any of the constables or 
 
 North-West Territories, | other peace officers of the said 
 
 Territories : 
 Whereas information upon oath hath this day been laid 
 before the undersigned, a justice of the peace in and 
 
 for the said Territories, that A.B. (or a certain male or 
 female person whose name is unknown) is insane- 
 
 These are therefore to command you to apprehend the said 
 and bring him (or her) before me or some 
 other justice of the peace in and for the said Territories in 
 order that inquiry may be made respecting the sanity, of the 
 said and that he (or she) may be further 
 
 dealt with according to law. 
 
 Given under my hand and seal this day of 
 
 A.D. 1 , at in the said Territories. 
 
 A.B., 
 
 J. P. [L.S.J 
 
 C. O. 90, Form A. 
 
 FOEM B. 
 
 Canada: "I To all or any of the constables or 
 
 North-West Territories. J other peace officers in the said 
 
 Territories and to the North-West 
 Mounted Police force at (or the keeper of the 
 
 -common gaol at ) : 
 
 Whereas information was laid before me (or as the case may 
 be) a justice of the peace in and for the said Territories, on 
 the oath of , that A.B. (or as in the information) 
 
 was insane; 
 
 And whereas inquiry has been made by me respecting the 
 sanity of the said 
 
 And whereas I have found and adjudged the said to 
 
 be insane; 
 
 These are therefore to command you the said constables or 
 other peace officers or any of you to take the said 
 and safely convey to the North-West Mounted Police 
 
 (or to the keeper of the common gaol) at and to 
 
 deliver to the police aforesaid (or to the said keeper) 
 
376 INSUEANCE FOE WIFE AND CHILDEEN 
 
 together with this precept ; and I do hereby command the said 
 police force (or the keeper of the said gaol) to receive the said 
 into custody and safely keep until 
 
 the pleasure of the Lieutenant Governor he known or until the 
 said shall be discharged by law. 
 
 Given under my hand and seal this day of 
 
 A D 1 at in the North-West Territories. 
 
 A. B., 
 
 J.P. [L.S.J 
 
 C. O. 90, Form B. 
 
 INSPECTION OF STEAM BOILERS. 
 
 See STEAM BOILEES INSPECTION. 
 
 INSPECTION OF STOCK. 
 
 See STOCK inspection. 
 
 INSOLVENCY. 
 
 See ASSIGNMENTS FOE CEEDITOES. 
 CEEDITOE^S EELIEF. 
 PEEFEEENTIAL ASSIGNMENTS. 
 
 INSURANCE. 
 
 See FIEE INSUEANCE POLICY. 
 HAIL INSUEANCE. 
 
 INSUEANCE FOE WIFE AND CHILDREN. 
 MUTUAL FIEE INSUEANCE. 
 
 INSURANCE FOR WIFE AND CHILDREN. 
 
 c- 0.1898 o« An Ordinance respectinef Insurance for the benefit of 
 
 16 March, 1899 ^ S r^wAA 
 
 Wire and Children. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Interpretation 1. I^ 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. C. 0. 49, s. 1. 
 
 Husband may 3. Anv person mav insure his life for the whole term 
 
 insuFC for u ■*. v 
 
 benefit of wife thereof 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 
 
INSD*RANOE FOE WIFE AND CHILDEEN 377 
 
 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 
 C. 0. 49, s. 2. 
 
 3. The insurance may be effected either in the name of the May be in. 
 person whose life is insured or in the name of his wife or of ot Susfer'"* 
 any other person (with the assent of such other person) as 
 trustee. C. O. 49, s. 3. 
 
 4. In case a policy or written contract of life insurance insurancemay 
 effected by a man on his life, is expressed upon the face of it to bene^flt'orwu°e 
 be for the benefit of his wife or his wife and children or any""^" ' 
 
 of them or in case he has heretofore indorsed or may hereafter 
 indorse or by any writing identifying the policy by its number 
 or otherwise has made or may hereafter make a declaration 
 that the policy is for the benefit of his wife or of his wife 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 so 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 declara- 
 tion. 
 
 (2) In the case of a policy or written contract of life insur- ^^®""p*''^i 
 ance 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 had been effected after marriage but 
 nothing herein contained shall affect any action or proceeding 
 now pending. 0. O. 49, s. 4. 
 
 5. The insured may by an instrument in writing attached ^™?''^*°J' 
 to or indorsed on or identifying the poHcy by its number or ^e ^'aried 
 otherwise, vary an apportionment previously made so ss 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 instru- 
 ment in writing attached to or indorsed on the policy or 
 referring to the same alter the apportionment as he deems 
 ' proper ; he may also by his will make or alter the apportion- 
 
378 
 
 INSURANCE FOE WIFE AND CHILDKEN 
 
 Apportion- 
 ment by will 
 
 Provision 
 where no 
 apportion- 
 ment 
 
 Surrender or 
 assignment 
 of policy 
 
 ment 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. C. O. 49, s. 5. 
 
 6. Where no apportionment is made all persons entitled to 
 be benefited by the insurance shall be held to share equallv 
 in the same ; and where it is stated in the policy or declaration 
 that the insurance is for the benefit of Lhe 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. C. O. 49, s. 6.. 
 
 i'. Any such policy may be surrendered or assigned: 
 
 (a) Where the policy is for the benefit of children only 
 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 
 
 (h) Where the policy 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. C. O. 49, s. 7. 
 
 ^oh''c™'''°"^'^ ^' Where an apportionment as in sections 2 and 5 hereof 
 provided for has been made if one or more of the persons in 
 whose favour the apportionment has been made die in the life- 
 beififlofir *™® °^ *^® insured the insured may by an instrument in writ- 
 Jiefore person ing attached to or indorsed on or otherwise referring to and 
 identifying the policy of insurance declare that the share 
 formerly 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 pee fit and shall at his 
 death form part of his estate. C. 0. 49, s. 8. 
 
INSUEANGE FOE WIFE AND CHILDEU5X 379 
 
 9. Where no apportionment as in sections 2 and 5 hereof No 
 provided for has been made if one or more of the persons 'Deau'of""™' 
 entitled to the benefit of the insurance die in the lifetime of the ^^°^""'''''' 
 insured 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 lifetime 
 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 instru- 
 ment executed as aforesaid make a declaration that the policy 
 shall be for the benefit of his then or any future v^ife or 
 children or some one of them. C. O. 49, s. 9. 
 
 10. When the insurance money becomes due and payable Payment of 
 it shall be paid according to the terms of the policy or of anymoner"*'' 
 declaration or instrument as aforesaid as the case may be free 
 
 from the claims of any creditors of the insured except as herein 
 provided. C. O. 49, s. 10. 
 
 11. Where the insurance money or part thereof is for the insurance 
 
 1 j?i • IT • c 1 1 •! 1 ■. , . ■■ •. for children 
 
 beneiit in whole or m part oi the childran of the insured and 
 
 the children are mentioned as a class and not bv their indi-Ppofto^e 
 
 . •' adduced 
 
 viduai names the money shall not be payable to the children 
 until reasonable proof is furnished to tlie company of the 
 number, names and ages of the children entitled. C. 0. 49, 
 s. 11. 
 
 13. The insured may by the policy or by his will or by any Appointment 
 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. 0. O. 49, s. 12. 
 
 13. If no trustee is named in the policy or appointed as Payment 
 mentioned in section 12 hereof to receive the shares to which teuSee°° 
 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 
 JSTorth-West Territories or a judge thereof upon the application 
 of the wife or of the infants or their guardian and such pay- 
 ments shall be a good discharge to ths insurance company. 
 C. O. 49, s. 13. 
 
380 
 
 INSUEAWCE FOE WIFE AND CHILDEEN 
 
 by^rusTee"*^ 14. Any trustee named as provided for in tlie last preceding 
 two sections and any executor or guardian may invest the 
 money received in government securities or inunicipal or school 
 debentures or in mortgages of real estate or in any other man- 
 ner authorised 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. C. O. 49, s. 14. 
 
 Security by 15, j^ guardian appointed as provided in section 13 hereof 
 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 $400 the fees payable on the appoint- 
 ment of such guardian or executor shall be $4 and no more 
 and such fees shall be regulated in the manner prescribed. C. 
 0. 49, s. 15. 
 
 Payment of 16. If there is no trustee, executor or guardian competent 
 
 insurance ^ ^ ' cj v 
 
 ™urt w'here ^^ receive the share of any infant in the insurance money and 
 notruatee, etc. the insurance company admits the claim or any part thereof 
 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 ITorth- 
 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 
 sufScient discharge to the company for the money paid; and 
 the money shall be dealt with as the court or judge may direct. 
 
 (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 
 
 Order for 
 payment of 
 insurance 
 moneys 
 
INSUEANCE FOE WIFE AND CHILDEEH 381 
 
 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 costs of the applica- costs 
 tion and any fcosts 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 obtain- 
 ing out of court moneys voluntarily paid in by a company to 
 be paid out of such moneys. C. O. 49, 3. 10. 
 
 17. If a person who has heretofore effected or who here- surrender of 
 after effects an insurance for the purposes contemplated by this up policy ''^^ 
 Ordinance whether the purpose appears by the terms of the 
 
 policy or by indorsement 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 com- 
 pany 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 policy if 
 not surrendered, woiild have been payable; and the company 
 may accept the surrender and grant the paid up policy not- 
 withstanding any declaration or direction in favour of the wife 
 and children or any of them. C. O. 49, s. 17. 
 
 18. The person insured may from time to time borrow from Borrowing for 
 
 . „ , payment of 
 
 the company insuring or from any other company or person on premiums 
 the security of the policy such sums as may be necessary and 
 the same shall be applied to keep the policy 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. O. 49, s. 18. 
 
 19. Any person insured under the provisions of this Ordin- Bonuses and 
 ance 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 as 
 
382 
 
 INSUEANCE FOE WIFE AND CHILDREN 
 
 he may direct; or to add the said bonuses or profits to the 
 policy; 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. C. 0. 49, 
 s. 19. 
 
 Several' 
 actions 
 
 Parties 
 
 30. In case of several actions being brought for insurance 
 consolidation moucy 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 persons 
 entitled to receive the shares of the infants may join with any 
 adult persons 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. C. O. 49, s. 20. 
 
 Notice to 
 inaurance 
 company 
 
 31. ISTo declaration or appointment affecting the insurance 
 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 indorse- 
 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 indorsation had not been made. C. 0. 
 49, s. 21. 
 
 Rights ot 
 creditors 
 
 33. If the policy was effected and premiums paid by the 
 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. C. O. 49, s. 22. 
 
 No 
 
 interference 
 with other 
 modes of 
 assignment, 
 etc. 
 
 33. Nothing contained, in this Ordinance shall be held or 
 construed to restrict or interfere with the right of any person 
 to effect or assign a policy for the benefit of his or her father, 
 mother, husband or wife or children or some one of them in 
 any other mode allowed by law. C. O. 49, s. 23. 
 
INTBEPKETATION. 383 
 
 34. Where all the parties entitled to he henefited whether assignment 
 
 1 • • 1 • \ • 1 ^ /• °' policy 
 
 by original insurance, by written declaration or instrument of 
 variation or apportionment- under any policy are of full age 
 they and the person insured may surrender the policy or assign 
 the same either absolutely or by way of security. C. O. 49, s. 24. 
 
 35. Where any policy of insurance •>r written conrtact of persons 
 life insurance or the declaration indorsed upon or attached to succession 
 any policy of insurance to which this Ordinance applies 
 whether such declaration has heretofore been or shall hereafter 
 
 be made provides that the policy shall be for the benefit 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 "Ordin- 
 ance the person entitled to be benefited under such policy. C. 
 O. 49, s. 25. 
 
 'J 
 
 INTEREST. 
 
 See DISTRESS foe eent. 
 
 INTERPRETATION. 
 
 An Ordinance respecting- the Form and Interpretation c.o.i898q.i 
 
 r r\ J- „ 15 March, 1899 
 
 of Ordinances. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: i 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Interpretation g^^^^^i^tie 
 Ordinance/' C. O. 1, s. 1. 
 
 THE CONSOLIDATED OEDIITANCES CITATION. 
 
 3. This Ordinance and following series of Ordinances shall what^^^^ 
 constitute and may be cited for all purposes as "The Gonsoli- co-^soudated 
 dated Ordinances of the Territories 1898" and any chapter citatloS" 
 of the said consolidated Ordinances may be cited and referred 
 to for all purposes whatever either by its title as an Ordinance 
 or by its short title or by using the expression "The Ordinance 
 
 {or The Consolidated Ordinance) respecting " (adding 
 
 .the .remainder of the title given at the beginning of the 
 particular chapter) or by using the expression "The Gonsoh- 
 
384 INTEKPEETATION. 
 
 dated Ordinances" or "The Consolidated Ordinances of the 
 Territories" together with a reference to the number of the 
 particular chapter in the copies printed by authority. C. 0. 
 
 1, s. 2. 
 
 APPLICATION. 
 
 4?sOrdinance ^' '^^^^ Ordinance and every provision thereof shall 
 extend and apply to every Ordinance of che Territories now or 
 hereafter passed except in so far as the provision is inconsistent 
 with the intent and object of such Ordinance or the interpreta- 
 tion which such provision would give to any word, expression 
 or clause is inconsistent with the context and except in so far 
 as any provision hereof is in any such Ordinance declared not 
 applicable thereto; and the omission in any Ordinance of a 
 declaration that The Interpretation Ordinance applies thereto 
 shall not be construed to prevent it so applying although such 
 express declaration is inserted in some other Ordinance or 
 Ordinances of the same session. C. 0. 1, s. 3. 
 
 FOEM OF ENACTING. 
 
 Forraof 4, The following words may be inserted in the preambles 
 
 clause of Ordinances and shall indicate the authority by virtue of 
 
 which they are passed: "The Lieutenant Governor by and 
 
 "with the advice and consent of the Legislative Assembly of 
 
 "the Territories enacts as follows." 0. 0. 1, s. 4. 
 
 lltv^utv^vt ^- ^ter the insertion of the words aforesaid, which shall 
 of Ordinances follow the setting forth (if any) of the considerations or 
 reasons upon which the law is grounded and which shall with 
 these considerations or reasons constitute the entire preamble, 
 the various clauses of the Ordinance shall follow in a concise 
 and enunciative form. C. O. 1, s. 5. 
 
 TIME OF COMMENCEMENT OF OKDINANCES. 
 
 Sfass'lnf'"' ^' ^'^^ '^^^^^ "^ *^^ Legislative Assembly shall indorse on 
 every Ordinance of the Territories immediately after the title 
 of such Ordinance, the day, month and year when the same 
 was by the Lieutenant Governor assented to or reserved by him 
 for the assent of the Governor General ; and in the latter case 
 such clerk shall also indorse thereon the day, month and year 
 when the Lieutenant Governor has signified (either by speech 
 or message to the Legislative Assembly or by proclamation) 
 that the same was laid before the Governor General and 'that 
 the Governor General was pleased to assent to the same; and 
 
INTEEPEBTATIOM 385 
 
 such indorsement shall be taken to be a part of such 
 Ordinance; and the date of such assent or signification (as 
 the case may be) shall be the date of the commencement of the 
 Ordinance if no later commencement is therein provided. 
 0. O. 1, s. 6. 
 
 AMENDMENT OR REPEAL. 
 
 7. Any Ordinance of the Territories may be amended, Amendment 
 
 of law in 
 
 altered or repealed by any Ordinance passed in the same same session 
 session. C. O. 1, s. 7. 
 
 INTBEPEETATION. 
 
 8. In every Ordinance unless the context otherwise requires : interpretation 
 
 1. The law shall be considered as always speaking; and Law always 
 whenever any matter or thing is expressed in the present tense ^^^'^ '"^ 
 the same shall be applied to the circumstances as they arise so 
 
 that effect may be given to each Ordinance and every part 
 thereof according to its spirit, true intent and meaning; 
 
 2. The expression "shall" shall be construed as imperative, "Shaii" 
 and the expression "may" as permissive; "May" 
 
 3. Whenever the expression "herein" is used in any section "Herein" 
 of an Ordinance it shall be understood to relate to the whole 
 Ordinance and not to that section only 
 
 4. The expression "her Majesty," "the Queen," or "the The Sovereign 
 Crown," means her Majesty, her heirs and successors, sove- 
 reigns of the United Kingdom of Great Britain and Ireland; 
 
 5. The expression "Lieutenant Governo] " means the Lieu- "Lieutenant 
 
 , , , . » . Governor 
 
 tenant Governor for. the time being or other chief executive 
 officer or administrator for the time being carrying on the 
 government of the Territories by whatever title he is desig- 
 nated ; 
 
 6. The expression "Lieutenant Governor in Council" means "Lieutenant 
 
 ^ Governor m 
 
 the Lieutenant Governor or person administering the govern- Council" 
 ment of the Territories for the time being acting by and with 
 the advice of or by and with the advice and consent of or in 
 conjunction with the Executive Council of the said Territories ; 
 
 7. The expression "government,"" "government of the "Governmenf 
 Territories" or "North-West Government" used in any Ordin- 
 ance whenever enacted means her Majesty the Queen acting 
 
 for the Territories ; 
 
 8. The expression "the United Kingdom" means the United ^Umted^,, 
 Kingdom of Great Britain and Ireland; 
 
 15a 
 
386 
 
 INTEEPEETATION 
 
 "United 
 
 States" 
 
 "Territories" 
 
 Name of 
 country, place, 
 officer, etc. 
 
 "Procla- 
 mation" 
 
 Acts by. 
 proclamation 
 
 Number and 
 gender 
 
 "Person" 
 
 "Writing" 
 
 "Now" 
 "Next" 
 
 "Month" 
 "Year" 
 
 "Holiday" 
 
 9. The expression "the United States" means the United 
 States of America; 
 
 10. The expression "Territories" means the jSTorth-West 
 Territories as defined by The North-West Territories Act 
 excepting that portion of the said Territories declared by The 
 Yukon Territory Act to constitute the YuJcon Territory; 
 
 11. The name commonly applied to any country, place, body, 
 corporation, society, officer, functionary, pc rson, party or thing 
 means such country, place, body, corporation, society, officer, 
 functionary, person, party or thing, although such name is not 
 the formal and .extended designation thereof; 
 
 12. The expression "proclamation" means a proclamation 
 under the seal of the Territories ; 
 
 13. When the Lieutenant Governor is authorised to do any 
 act by proclamation such proclamation is to be understood to 
 be a proclamation issued under an order of the Lieutenant 
 Governor in Council but it shall not be necessary that it be 
 mentioned in the proclamation that it is issued under such 
 order ; 
 
 14. Words importing the singular number or the masculine 
 gender only include more persons, parties or things of the same 
 kind than one and females as well as males and the converse; 
 
 15. The expression "person" includes any body corporate 
 and politic or party and the heirs, executors, administrators 
 or other legal representatives of such person to whom the con- 
 text can apply according to law ; 
 
 16. The expression "writing," "written" or any term of like 
 import includes words printed, painted, engraved, lithographed 
 or otherwise traced or copied; 
 
 17. The expression "now" or "next" shall be construed as 
 having reference to the time when the Ordinance was assented 
 to; 
 
 18. The expression "month" means a calendar month; and 
 the expression "year" means a calendar year ; and the number 
 of any year (unless the contrary is indicated) means "the year 
 of our Lord" without the mention of "the year of our Lord" ; 
 
 19. The expression "holiday" includes Sunday, New Year's 
 day. Ash Wednesday, Good Friday, Easter Monday, the 
 second Friday in May to be known as Arbour day, the twenty- 
 fourth day of May or ivhen such day falls on a Sunday the 
 twenty-fifth day of May to he known as Victoria day, Christ- 
 mas day, the birthday or the day fixed by proclamation for the 
 celebration of the birthday of the reigning Sovereign, Domin- 
 
INTEEPBETATION 387 
 
 ion day, Labour day and such day as may in each year be 
 proclaimed a public holiday for the planting of forest and 
 other trees and any other day appointed by proclamation for 
 a general fast or thanksgiving ; 
 
 20. The term "gazette" or "official gazette" whenever .. Gazette" 
 enacted means The North-West Territories Gazette published 
 
 by the Queen's printer under the aiithority of the Lieutenant 
 Governor in Council ; 
 
 21. If the time limited by any Ordinance for any proceed- Time expiring 
 ing or the doing of anything under its provisions expires or°" °' *'' 
 falls upon a holiday, the time so limited shall be extended to 
 
 and such thing may be done on the day next following which 
 is not a holiday ; 
 
 22. The time used upon the Canadian Pacific railway and standard time 
 known as "moimtain standard time" (being the local time at 
 
 the one hundred and fifth meridian of longitude) is hereby 
 declared to be the standard time of the Territories; and when 
 any Ordinance refers to any particular time of day such 
 standard time shall be considered to be meant; 
 
 23. The expression "felony" shall mean any crime which ".Felony" 
 before the passing of The Criminal Code 1892 would have 
 
 been a felony under the law of Canada ; and "misdemeanour" 
 shall mean any crime or offence which before the passing of 
 the said Code would have been a misdemeanour under the 
 said law ; 
 
 24. The expression "oath" includes a solemn affirmation or-oath" 
 declaration whenever the context applies to any person and 
 case by whom and in which a solemn affirmation or declaration 
 may be made instead of an oath; and in like cases the expres-^^ 
 sion "sworn" includes the expression "affirmed" or "declared" ; "S^o'-°" 
 
 25. Whenever (by any Ordinance or by any order, regula- offlcersjo 
 tion or conmiission made or issued by the Lieutenant Governor 
 
 or Lieutenant Governor in Council imder any law authorising 
 him to require the taking of evidence under oath) an oath is 
 authorised or directed to be made, taken or administered, such 
 oath may be administered and a certificate of its having been 
 made, taken or administered may be given by any one named 
 in any such Ordinance, order, regulation or commission, or 
 by a judge of any court, a notary public, a justice of the peace 
 or a commissioner for taking affidavits having authority or 
 jurisdiction within the place where the oath is administered ; 
 
 2,6. The expression "sureties" means sufficient sureties and ;;sureties': 
 the expression "security" means sufficient security; and when- 
 ever these words are used one person shall be sufficient therefor 
 ■ unless otherwise expressly required ; 
 
388 INTEKPEETATION 
 
 "Magistrate" 27. The expression "magistrate" means justice of the peace; 
 
 "Justice" 28. The expression "justice" means a justice of the peace 
 
 and includes two or more justices if two or more justices act 
 or have jurisdicrion and also any person having the power or 
 authority of two or more jiistices of the peace; 
 
 offlciai 2y. Jf anythijis; is directed to be done by or before a magi?- 
 
 jurisdiction ^ ^ ^ i i i- j? • 
 
 trate or a justice of the peace or other public lunctionary or 
 officer, it shall be done by or before one whose jurisdiction or 
 powers extend to the place where such thing is to be done; 
 
 p^we'S^ ^^- Whenever power is given to any person, officer or func- 
 
 tionary to do or to enforce the doing of any act or thing, all 
 such powers shall be understood to be also given as are neces- 
 sary to enable such person, officer or functionary to do or 
 enforce the doing of such act or thing; 
 
 Imprisonment 31. Jf Jn any Ordinance any person is directed to be 
 imprisoned or committed to prison, such imprisonment or 
 committal shall (if no other place is mentioned or provided 
 by law) be in or to the common gaol of the locality in which the 
 order for such imprisonment is made or if there is no common 
 gaol there then in or to that common gaol which is nearest to 
 such locality; and the keeper of any such common gaol shall 
 receive such person and safely keep and detain him in such 
 common gaol under his custody until discharged in due course 
 of law or bailed in cases in which bail may by law be taken; 
 
 Public 32. If any sum of the public money be by any Ordinance 
 
 expendilure . :f ^ t " t -, ■ -, ^ , 
 
 appropriated tor any purpose or directed to be paid by the 
 Lieutenant Governor, the Lieutenant Governor in Council or 
 the JSTorth-West government, then (if no other provision be 
 made respecting it) such sum shall be payal^le under warrant 
 of the Lieutenant Governor directed to the treasurer of the 
 Territories out of the general revenue fund of the Territories ; 
 and all persons entrusted with the expenditure of any such sum 
 or any part thereof shall account for the same in such manner 
 and form with such vouchers at such periods and to such 
 officers as the Lieutenant Governor may direct ; 
 
 rauoia'Tto'^' ^^' ^^°i'^^ authorising the appointment of any public officer 
 of officials ' or functionary or any deputy include the power of removing 
 or suspending him, reappointing or reinstating him or appoint- 
 ing another in his stead in the discretion of the authority in 
 whom the power of appointment is vested; 
 
 Successorsand 34. Words directing or empowering any public officer or 
 officials functionary to do any act or thing or otherwise applying to 
 
 him by his name of office include his successors in such, office 
 
 and his or their lawful deputy; 
 
INTEEPBETATION. 389 
 
 35. Words directing or empowering a minister of the Grown Minister of 
 to do any act or thing or otherwise applying to him by his '"°^" 
 name of office include a minister acting for or (if the office is 
 vacant) in the place of such minister under the authority of 
 
 I'he Territories Puilic Service Ordinance or an Order in 
 Council and also his successors in such office and his or their 
 lawful deputy; 
 
 36. All officers now appointed or hereafter appointed imder officers 
 the authority of an Ordinance (whether by commission or<iii>'ing 
 
 1 • \ 1 n • fr> pleasure 
 
 otherwise) shall remain m office during pleasure only unless 
 otherwise authorised by law ; 
 
 37. When any act or thing is required to be done by more when 
 
 ,1 , • • c , 1 • majority 
 
 than two persons a majority oi them may do it; may act 
 
 38. Words making any association or number of persons a Effect of 
 corporation or body politic and corporate shall yest in such '°''°''p°™ '°" 
 corporation power to sue and be sued, contract and be con- 
 tracted with by their corporate name; to haye a common seal 
 
 and to alter or change the same at their pleasure ; and to haye 
 perpetual succession; and power to acquire and hold personal 
 ■property or movables for the purposes for which the corpora- 
 tion is constituted and to alienate the same at pleasure; and 
 shall also vest in any majority of the members of the corpora- 
 tion the power to bind the others by their acts; and shall 
 exempt the individual members of the corporation from per- 
 sonal liability for its debts or obligations or acts provided they 
 do not violate the provisions of the Ordinance incorporating 
 til em ; 
 
 39. Whenever forms are prescribed slight deviations there- Forms 
 from not affecting the substance or calculated to mislead shall 
 
 not vitiate them ; 
 
 40. Whenever power to make bylaws, regulations, rules or Repeal ot 
 
 '^ ^ . . bylaws, etc. 
 
 orders is conferred it shall include the power from time to 
 time to alter or revoke the same and make others ; 
 
 41. ISTo provision or enactment in any Ordinance which is g^^^^^^^^^^ 
 of the nature of a private Ordinance shall affect the rights of 
 
 any person or of any body politic, corporate or collegiate, such 
 only excepted as are therein mentioned or referred to; 
 
 42 Every Ordinance shall be so construed as to reserve to Power of 
 
 •J f T J • repeal 
 
 the Legislative Assembly the power of repealing or amending reserve 
 it and of revoking, restricting or modifying any power, privi- 
 lege or advantage thereby vested in or granted to any person 
 or party whenever such Tepeal, amendment, revocation, restric- 
 tion or modification is deemed by the Legislative Assembly to 
 be required for the public good ; 
 
390 
 
 INTEEPBETATIOlf 
 
 Effect ofrepeal 
 limited 
 
 Repeal no 
 declaration as 
 to law 
 previously 
 
 Repeal 
 Continuation 
 of previous 
 officers, etc. 
 
 Repeal 
 Bylaws, etc., 
 continued 
 
 Repeal 
 Reference lo 
 old law 
 
 Repeal 
 Existing 
 rights 
 reserved 
 
 " 43. The repeal of any Ordinance or part of an Ordinance 
 stall not revive any Ordinance or provision of law repealed by 
 such Ordinance or part of an Ordinance or prevent the effect 
 of any saving clause therein; 
 
 44. The repeal or amendment of any Ordinance shall not 
 be deemed to be or to involve any declaration v^hatsoever as 
 to the previous state of the law; 
 
 45. Wheneveir any Ordinance is repealed (wholly or in 
 part) and other provisions are substituted and whenever any 
 regulation is revoked and other provisions substituted all 
 officers, persons, bodies politic or corporate acting under the 
 old law or regulation shall continue to ict as if appointed under 
 the new law or regulation until others are appointed in their 
 stead; and all proceedings taken under the old law or regula- 
 tion shall be taken up and continued under the new law or 
 regulation when not inconsistent therewith; and all penalties 
 and forfeitures may be recovered and all proceedings had in 
 relation to matters which have happened before the repeal or 
 revocation in the same manner as if the law or regulation was 
 still in force, pursuing the new provisions as far as they can 
 be adapted to the old law or regulation ; 
 
 46. Whenever any Ordinance is repealed (.wholly or in 
 part) and other provisions are substituted all bylaws, orders, 
 regulations and rules niade under the repealed Ordinance shall 
 continue good and valid in so far as they are not inconsistent 
 with the substituted Ordinance, enactment or provision until 
 they are annulled or others made in their stead; 
 
 47. Whenever any Ordinance or part of an Ordinance is 
 repealed and other provisions are substituted by way of 
 amendment, revision or consolidation, any reference in any 
 unrepealed Ordinance (or in any rule, order or regulation 
 made thereunder) to such repealed Ordinance or enactment 
 shall as regards any subsequent transaction, matter or thing 
 be held and construed to be a reference to the provisions of 
 the substituted Ordinance or enactment relating to the same 
 subject matter as such repealed Ordinance or enactment: 
 
 Provided always that where there is no provision in the 
 substituted Ordinance or enactment relating to the same sub- 
 ject matter, the repealed Ordinance or enactment shall stand 
 good and be read and construed as unrepealed in so far (but in 
 so far only) as is necessary to support, maintain or giVe effect 
 to such unrepealed Ordinance or such rule, order or regulation 
 made thereunder ; 
 
 48. The repeal of an Ordinance or the revocation of a regu- 
 lation at any time shall not affect any act done or any right or 
 
INTEEPKETATION 391 
 
 right of action existing, accruing, accrued or established or 
 any proceedings commenced in a civil cause before the time 
 when such repeal or revocation takes effect but the proceed- 
 ings in such case shall be conformable vs^hen necessary to the 
 repealing Ordinance or regulation; hut where there is no 
 provision in the repealing Ordinance or regulation relating to 
 the same subject matter the repealed Ordinance or regulation 
 shall stand good and he read and construed as unrepealed in 
 so far (hut in so far only) as is necessary to support, maintain 
 or give effect to such right or right of action and the enforce- 
 ment thereof ; 
 
 49. Unless otherwise therein specially provided, proceedings Enforcement 
 
 J. ,1 • ... J. .1 J. ^ n li • • of Ordinances 
 
 lor tne imposition oi punishment by hne, penalty or imprison- 
 ment for enforcing any Territorial Ordinance or municipal 
 bylaw may be brought summarily before a justice of the peace 
 under the provisions of part LVIII of The Criminal Code 
 1892; and the words "on smnmary conviction" whenever they 
 occur in any Ordinance shall refer to and mean under and by 
 virtue of part LVIII aforesaid; 
 
 50. Any duty, penalty, fine or sum of money or the proceeds Application of 
 
 ^^ tines, ccc. 
 
 of any forfeiture under any law of the Territories shall (if 
 no other provision be made respecting it) belong to the Crown 
 for the public uses of the Territories and form part of the 
 general revenue fund of the Territories ; 
 
 51. Where a pecuniary penalty or a forfeiture is imposed Recovery of 
 foi the contravention of any Ordinance then (if the provisions Snprorided 
 of part LVIII aforesaid are not applicable to the case and if ^^®^ 
 
 no other mode is prescribed for the recovery of such penalty 
 or forfeiture or if the mode prescribed is not applicable to the 
 case) the penalty or forfeiture shall be recoverable with costs 
 by civil action or proceeding at the suit of the attorney 
 general or of a private party suing as well for the Crown as 
 himself in the supreme court in any judicial district of the 
 Territories if no other provision is made for the appropria- 
 ton of the penalty or forfeiture one-half thereof shall belong 
 1.0 the Government of the Territories and the other half shall 
 belong to the private plaintiff if any there be and if there be 
 none the whole shall belong to the Crown; 
 
 52. jSTo offence committed and no penalty or f orf eiture Repeai,^^ ^^^ 
 incurred and no proceeding pending under any Ordinance forfeitures not 
 at any time repealed or under any regulation at any time 
 revoked shall be affected by the repeal or revocation, except 
 
 that the proceeding shall be conformable when necessary to 
 Ihe repealing Ordinance or regulation; and whenever any 
 
392 INTEEPEBTATION. 
 
 penalty, forfeiture or punishment is mitigated by any of the 
 provisions of the repealing Ordinance or regulation, such 
 provisions shall be extended and applied to any judgment to 
 he pronounced after such repeal or revocation; 
 
 pubifcf""*^ 53. Every Ordinance shall (unless by express provision it 
 
 is declared to be a private Ordinance) be deemed to be a public 
 
 Judicial notice Ordinance and shall be judicially noticed by all judges, justices 
 of the peace and others; 
 
 o£"ard?nan?es' ^^- Every copy of any Ordinance (public or private) 
 printed by authority of law shall be evidence of such Ordinance 
 and of its contents ; and every copy purporting to be so printed 
 shall be deemed to be so printed unless the contrary is shown; 
 
 gjj'ienoeof 55_ ^ copy of any regulation or order of the Lieutenant 
 Council Governor in Council printed by the Queen's printer or a 
 
 written copy thereof attested by the signature of the clerk of 
 the Executive Council shall be evidence of such regulation or 
 order; and any order in writing signed by the member of the 
 Executive Council fulfilling the duties of the Territorial 
 secretary and purporting to be written by command of the 
 Lieutenant Governor shall be received in evidence as the Order 
 of the Lieutenant Governor ; 
 
 Construction 56. The preamble of every Ordinance shall be deemed a 
 
 of Ordinances ^. ., ,.. , 
 
 part thereof intended to assist m explaining the purport and 
 object of the Ordinance; and every Ordinance and every 
 provision or enactment thereof shall be deemed remedial 
 (whether its immediate purport is to direct the doing of any 
 thing which the Legislative Assembly deems to be for the 
 public good or to prevent or punish the doing of any thing 
 which it deems contrary to the public good) and shall accord- 
 ingly receive such fair, large and liberal construction and 
 interpretation as will best insure the attainment of the object 
 of the Ordinance and of such provision or enactment according 
 to its true intent, meaning and spirit; 
 
 Reference to 5Y. Where reference is made in any Ordinance by number 
 to two or more sections, subsections, clauses or paragraphs of 
 any Ordinance or Statute, the number first mentioned and the 
 number last mentioned shall both be deemed to be included in 
 the reference; 
 
 58. Eeference by number to any section, subsection, para- 
 graph, clause or line of any other Ordinance shall be deemed 
 to be a reference to such section, subsection, paragraph, clause 
 or line of such other Ordinance as printed by authority of law ; 
 
 under^'^'"^' 59. Where an Ordinance is not to come into operation imme- 
 prei'imkiM'ytodiately on the passing thereof and confers power to hold any 
 
 coming into 
 force 
 
INTEEPEETATIOlir. 393 
 
 election, to make any appointment, to make, grant or issue any 
 instrument, Order in Council, order, warrant, scheme, letters 
 patent, rules, regulations or bylaws, to give notices, to pre- 
 scribe forms or to do any other thing for the purposes of the 
 Ordinance, that power may (unless the contrary intention 
 appears) be exercised at any time after the passing of the 
 Ordinance so far as may be necessary or expedient for the 
 purpose of bringing the Ordinance into operation at the date 
 of the commencement thereof, subject to this restriction that 
 any such instrument, Order in Council, order, warrant, scheme, 
 letters patent, rules, regulations or bylaws shall not (unless a 
 contrary intention appears in the Ordinance or the contrary is 
 necessary for bringing the Ordinance into operation) come into 
 operation until the Ordinance comes into operation ; 
 
 60. N"othing in this section shall exclude the application to Gencraimies 
 any Ordinance of any rule of construction applicable thereto °'°°°^'''"''"™ 
 and not inconsistent with this section. C. 0. 1, s. 8; 1901, 
 c 2,, s. 1 ; 1903, Sess. 1, c. 3, s. 1. 
 
 CUSTODY OF ORDINANCES. 
 
 9. AH Ordinances heretofore passed, now passed and here- ordinances 
 after to be passed shall be and continue to remain of record in record 
 the custody of the clerk of the Legislative Assembly. C. O. 
 
 1, s. 
 
 CERTIFIED COPIES OF ORDINANCES. 
 
 10. The clerk of the Legislative Assembly shall affix theAuthenti- 
 seal of the Territories to certified copies of all Ordinances copies 
 intended for transmission to the secretary of state or required 
 
 to be produced before courts of justice and in any other case 
 which the Lieutenant Governor in CoTmcil may direct; and 
 such copies so certified shall be held to be duplicate originals 
 and also to be evidence (as if printed by lawful authority) of 
 such Ordinances and of their contents. C. O. 1, s. 10. 
 
 11. The clerk of the Legislative Assembly shall furnish a certified 
 certified copy of any Ordinance to any person applying for 
 
 the same upon receiving from such person such fee (not 
 exceeding ten cents for every hundred words) as the Lieutenant 
 Governor in Council may from time to time direct. C. 0. 
 1, s. 11; 1899, c. 2, s. 7. 
 
 13. The clerk of the Legislative Assembly shall insert at Certificate 
 the foot of every such copy so required to be certified a written 
 certificate duly signed and authenticated by him to the effect 
 
394 INVESTIGATION OF ACCIDENTS BY EIBE. 
 
 that it is a true copy; and in case of any Ordinance disallowed 
 
 after it came into force, "but disallowed by the Governor 
 
 Disallowance Qgjieral in Council, which disallowance took effect on the 
 
 day of A.D. 1 ." C. O. 1, s. 12. 
 
 CONSTKtfCTION OF THIS OEDINANCE. 
 
 Interpretation 13. ^he provisions of this Ordinance shall apply to the 
 construction thereof and to the words and expressions used 
 therein. C. 0. 1, s. 13. 
 
 INTOXICATING LIQUORS. 
 
 See LIQUOR LICENCE. 
 
 INVESTIGATION OF ACCIDENTS BY 
 FIRE. 
 
 C0.1R98, c. 36 An Ordinance respecting: tlie Investigation of Acci- 
 
 15 March, 1899 i ^ u "nv- 
 
 dents by l^ire. 
 
 THE Lieutenant Governor by and with the advice" and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Magistrate 1.. Any justice of the peace may ijubject to the provisions 
 
 empowered to 
 inquire Into 
 cause of fires 
 
 inquire Into hereinafter contained institute an inquiry into the cause "or 
 
 origin of any fire and whether it was kindled by design or was 
 tJie result of negligence or accident and act according to the 
 result of such inquiry. C. O. 36, s. 1. 
 
 No inquiry to .3. IvTo iusticc of the poace shall institute an inquiry into 
 
 be held except ..„,„ ., . 
 
 on reasonable the causc or Origin of any such fire until a sworn statement m 
 
 suspicion ..,, TIC 1.1 
 
 writing has been made before him that there is reasonable 
 suspicion that such fire was the result of culpable or negligent 
 conduct or design or occurred under ciuch circumstances as in 
 the interests of justice and for the dud 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. C. O. 36, s. 2. 
 
 Examination 3. For the purpose of any inquirv under this Ordinance 
 
 of witnesses , . . . , , ^ 
 
 such justice of the peace shall summon and bring before him 
 
lEKIGATlON DISTEICTS 395 
 
 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. C. O. 
 36, s. 3. 
 
 4. If any person having been duly summoned as a witness Penalty for 
 
 .i ^ ° , . '' . , ^ j.^ , . not attending 
 
 to give evidence upon any such inquiry does not alter being as witness 
 openly called three times appear and give evidence at such 
 inquiry the justice of the peace shall be empowered to impose 
 upon the peTson 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 hold- 
 ing such inquiry and if the same is not paid within the space 
 of seven days after such certficate has been served as aforesaid 
 a warrant of distress shall be issued by the justice of the peace 
 to be levied on the goods and chattels of such offender and in 
 default of such distress or if such distress shall prove insuf- 
 ficient such justice of the peace may commit the offender to 
 prison for any term not exceeding twenty-one days. C. O. 
 36, s. 4. 
 
 IRRIGATION DISTRICTS. 
 
 Principal Ordinance CO. i8g8, c. 2^. 
 
 Amending Ordinance I9°h <■■ ^o. fj^^^^^' 1899 
 
 An Ordinance respecting Irrigation Districts. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "T/ie Irrigation District short title 
 Ordinance." C. O. 74, s. 1. 
 
 INTEEPEETATION. 
 
 3. In this Ordinance unless the context otherwise requires : interpretation 
 1. The expression "Act" means the Act of the Parliament "Act" 
 of Canada known as The North-West Irrigation Act 1898 
 and shall include any amendments thereto which may here- 
 after be passed; 
 
396 
 
 lEEIGATION DISTEICTS 
 
 "Board" 
 
 "District" 
 
 "Owner' 
 
 ''Worl£3" 
 
 "Voter" 
 
 "ComDiis- 
 sioner" 
 
 "Engineer" 
 
 "Arable" 
 
 2. The expression "board" means the board of trustees of 
 any district created under the provisions hereof ; 
 
 3. The expression "district" means any irrigation district 
 created under the provisions hereof ; 
 
 4. The expression "owner" means and includes any person 
 who by any right, title or estate whatsoever is or is entitled 
 to be in possession of any land in a district or in any area 
 proposed to be erected into a district under the provisions 
 hereof ; 
 
 5. The expression "works" shall for the purposes of this 
 Ordinance mean and include any dykes, dams, weirs, flood- 
 gates, breakwaters, drains, ditches, basins, reservoirs, canals, 
 tunnels, bridges, culverts, cribs, embankments, headworks, 
 flumes, aqueducts, pipes, pumps and any contrivance for carry- 
 ing or conducting water or other works which are authorised 
 to be constructed under the provisions of the Act ; 
 
 6. The expression "voter" means any person duly qualified 
 under the provisions hereof to vote at any election or upon the 
 taking of any vote under the provisions hereof; 
 
 7. The expression "commissioner" means the commissioner 
 of public works for the Territories ; 
 
 8. The expression "engineer" means the engineer appointed 
 by the board under the provisions of section 26 hereof; 
 
 9. The expression "arable" means any land which is capable 
 of being cultivated without the necessity -of first removing 
 therefrom any live timber, scrub or stones. C. O. 74, s. 2. 
 
 EXISTING DISTEICTS C02JTINUED. 
 
 Existing 
 irrigation 
 districts 
 continued 
 
 3. Any irrigation district now existing which was consti- 
 tuted or erected under any Ordinance of the ISTorth-West Terri- 
 tories heretofore in force is hereby continued and shall be 
 subject to the provisions of this Ordinance. C. 0. 74, s. 3. 
 
 OEGANISATION OF DISTEICTS. 
 
 erection '"'' ^' '^^^ majority of the owners of the full age of twenty- 
 one years resident within any tract of land not already in an 
 irrigation district may petition the commissioner to erect such 
 tract into an irrigation district imder the provisions of this 
 Ordinance and' such petition shall clearly define the area and 
 boundaries of such tract. 
 
 mu'ired""" (2) Accompanying such petition shall be a statutory declara- 
 tion made by two responsible owners resident within the tract. 
 
IRKIGATION DISTEIOTS , 397 
 
 Avho have signed the petition, that they verily believe that 
 two-thirds of the proposed district can be irrigated from the 
 proposed works, that the signatures to the petition have been 
 affixed in their presence and that the signers are a majority of 
 Ihe owners of the full age of twenty-one years resideijt within 
 the tract which it is -desired to have created a district. C. O. 
 7-1, s. 4. 
 
 5. Upon receipt of such petition bv the commissioner he Notice of 
 
 in • 1 1 T 1 1 . " , . ,. application to 
 
 shall cause a notice to be published m the next issue of the ^e published 
 
 ,-^» . , •It ^" official 
 
 ciliciai gazette stating that application has been made for the gazette 
 erection of such tract (describing it) into an irrigation district 
 under the provisions hereof ; and a like notice shall be published 
 once by the petitioners in a newspaper published within the 
 proposed district, or if there be no such newspaper then in the 
 newspaper published nearest thereto. C. O. 74, s. 5. 
 
 6. If at the expiration of two weeks from the publication Appointment 
 of the said notice in such newspaper there is found to exist no officer^"^"'"^ 
 substantial objection to the erection of the proposed district 
 
 the commissioner shall appoint a resident owner to be return- 
 ing officer for the purpose of taking a A'^ote of the owners within 
 the proposed district upon the question of the erection of 
 such district. C. O. 74, s. 6. 
 
 7. The commissioner shall cause such returning officer to be Notice of 
 
 r' . meeting 
 
 notified of his appointment and on receipt of such notification 
 the returning officer shall caiise a notice signed by him in 
 form A of the schedule hereto to be posted in at least ten con- 
 spicuous and widely separated places within such district and 
 in the post office therein or nearest thereto and shall also cause 
 a copy of such notice to be published at least one week before 
 the time fixed for the meeting in some weekly newspaper 
 published in the proposed district or in case there is none 
 published therein in a newspaper published at the point 
 nearest thereto. , 
 
 .(2) Such meeting shall be held at or near the point mostpiaceof 
 centrally situated within the proposed district where a suitable 
 building therefor can be obtained. 
 
 (3) A certified copy of such notice together with a statutory Return to 
 declaration by the returning officer proving the due posting 
 
 and publication thereof shall be forwarded to the commissioner. 
 
 (4) The persons entitled to take part and vote at such meet- QuaUflcation 
 ings shall be the owners of the full age of twenty-one years. 
 
 C. 0. 74, s. 7. 
 
398 
 
 lEBIGATION DISTEICTS 
 
 Proceedings 
 at meeting 
 
 8. At the hour appointed in the notice calling such meeting 
 which shall not be later than ten o'clock in the forenoon the 
 returning officer shall read to the meeting the petition for the 
 erection of the district or a copy thereof and his ap'pointment 
 as returning oificer after which and until noon of the same day- 
 he shall take the votes of the voters present on the question of 
 the erection of the district. 
 
 (2) Every voter shall sign a declaration as in form B in 
 the schedule hereto and record, his vote as provided in such 
 form. 
 
 (3) The returning officer may vote 
 74, s. 8 and 1899, c. 18, s. 1. 
 
 C. 0. 
 
 Nomination 
 of trustees 
 
 EliECTIOISr OF TRUSTEES. 
 
 9. If two-thirds of the voters voting vote in favour of the 
 erection of the district the returning officer shall proceed to 
 hold an election of three trustees for the district and at one 
 o'clock of the afternoon of the same day the returning officer 
 shall proceed to receive nominations of candidates for election 
 as trustees. C. O. 74, s. 9 and 1899, c. 18, s. 2. 
 
 Who may 
 nominate 
 
 Qualification 
 of trustees 
 
 Proceedings 
 on election 
 of trustees 
 
 Qualification 
 of voters 
 
 10. Voters and no other persons shall be entitled to nomin- 
 ate candidates. 
 
 (2) Trustees shall be owners resident in the district and 
 qualified as voters. 
 
 (3) Nominations may be made during the first hour of the 
 election meeting. 
 
 (4) If no more than the requisite number of persons are 
 nominated during the period for nominations the returning 
 officer shall declare them elected. 
 
 (5) If more than the requisite number of persons are 
 nominated during such period the returning officer shall at 
 ihe expiration* thereof declare the nominations closed and shall 
 proceed to take a vote by open voting. 
 
 (6) The persons entitled to vote at such election shall be 
 the owners of the full age of twenty-one years. 
 
 (7) Every voter shall have as many votes as there are 
 trustees to be elected but shall in no case vote more than once 
 for one candidate at the same election. 
 
 (8) If rquired to do so by' any owner present or of his 
 own accord if deemed advisable the returning officer shall 
 administer an oath to any person applying to vote on the 
 
lEEIGATlON DISTEICTS 399 
 
 question of the erection of the district or the election of trustees 
 for the district as to his qualification to vote, which oath shall 
 be as follows : 
 
 "You do swear that you are of the full age of twenty-one 
 y-ears and that you are lawfully in possession or entitled to be 
 in possession of land situate within this irrigation district and 
 that you have not received any reward or offer or promise of 
 reward for voting at this election. So help you God." 
 
 (9) The returning officer shall truly record in a poll book 
 «;(mtaining suitable columns the name and residence of each 
 person applying to vote, the land in respect of which he claims 
 to be entitled to vote and unless he declines to take the oath 
 tlie person or persons for whom he votes and if such person 
 when required takes or declines to take the oath the returning 
 officer shall record such fact in the poll book. 
 
 (10) The poll book shall continue open until and be closed 
 at the hour of five o'clock in the afternoon of the day of voting. 
 
 (11) At the close of the poll the returning officer shall sum 
 up the votes polled and declare elected the necessary number 
 of candidates having the highest number of votes. 
 
 (12) The returning officer may vote and in case of an 
 equality of votes for any candidates the returning officer shall 
 have a casting vote. 
 
 (13) Immediately after the election the returning officer Return to 
 
 ^ ^ , . . ^ ., 1, J. commissioner 
 
 shall transmit to the commissioner a statement of the result oi 
 the votes taken by him together with a solemn declaration in 
 form C in the schedule hereto. 
 
 (14) The returning officer shall after he has forwarded his 
 statement to the commissioner hand the poll book to the secre- 
 tary treasurer of the district. 
 
 (15) At subsequent elections the secretary treasurer of the subsequent 
 district shall, unless the commissioner appoints another person, 
 
 be the returning officer and the provisions of this section shall 
 apply and be observed at all elections of trustees. 
 
 (16) In case for any reason at any time trustees are not 
 elected or are not duly elected hereunder the commissioner 
 may appoint trustees who shall hold office in all respects as if 
 duly elected. 
 
 (l^) If anv two owners who were entitled to vote at thechargeof 
 
 ' ■■ • • T- xl_ • 1 ,„ irregularity, 
 
 election make it appear to the commissioner by their solemn etc. at election 
 declaration that the election was irregularly or improperly 
 conducted or that corrupt practices prevailed thereat and that 
 by reason thereof the result of the election was affected the 
 
400 
 
 lEEIGATION DISTRICTS 
 
 Erection of 
 district 
 
 commissioner may make or appoint some other person to make 
 inquiries into the matter and cause evidence to be taken under 
 oath or by solemn declaration and by order require the attend- 
 ance of witnesses or production of documents and may make 
 such order as to the said election and as to the persons entitled 
 to hold the office of trustee as may seem proper and the trustees 
 and officers of the district shall be bound by and shall observe 
 such orders and the nonobservance of any order made under 
 this section shall be an offence and the offender shall on 
 summary conviction thereof be liable to- a penalty not exceed- 
 ing $100. C. O. 74, s. 10. 
 
 11. If the statement made by the returning officer to the 
 commissioner under subsection (13) of section 10 hereof shows 
 that the necessary proportion of the voters were in favour of 
 the erection of the district the commissioner may by order 
 erect the tract of land described in the petition into an irriga- 
 tion district under the provisions of this Ordinance. 
 
 (2) The Order erecting such irrigation district shall set 
 forth : ; 
 
 (a) The name in full, situation and limits thereof; 
 
 (h) The date and place at which the meeting of owners 
 and the election of trustees was held; 
 
 (c) The names of the elected trustees and their post office 
 addresses. 
 
 (3) Such order, shall be published in the next issue of The 
 North-West Territories Gazette. C. 0. 74, s. 11 and 1899, 
 c. 18, s. 3. 
 
 TRUSTEES DECLABATION OF OFFICE. 
 
 b/tmsfei°s" 1^- Every trustee shall within eight days after his election 
 make the following declaration before the returning officer who 
 shall forward the same to the commissioner: 
 
 "I, A.B., do hereby accept the office of trustee to which I 
 have been elected in {name of irrigation district in full} and 
 I will to the best of my ability honestly and faithfully dis- 
 charge the duties devolving on me as such trustee during the 
 term for which I have been elected." C. O. 74, s. 12. 
 
 TRUSTEES'" TERM OF OFFICE. 
 
 Term of office 
 of trustee 
 
 13. The trustees elected at the first election shall hold office 
 as follows : 
 
 1. The candidate receiving the highest number of votes or 
 the first one nominated if no vote has been taken shall be' 
 
IBEIGATIO^T niSTKICTS 401 
 
 elected to serve until and including the thirty-first day of 
 December of the second year following the election; 
 
 2. The candidate receiving the second highest number of 
 votes or second in order of nomination shall be elected to 
 serve until and including the thirty-first day of December of 
 the year following the election; 
 
 3. The candidate receiving the third highest number of 
 votes or the third in order of nomination shall be elected to 
 serve until and including the thirty-first day of December 
 following the election: 
 
 Provided always that when the election takes place between 
 the thirtieth day of June and the thirty-first day of December 
 following in any year the third trustee shall continue in office 
 until and including the thirty-first day of December the year 
 following the election; the second trustee shall continue in 
 office until and including the thirty-first day of December of 
 the second year following the election; and the first trustee 
 shall continue in office until and including the thirty-first day 
 of December of the third year following the election: 
 
 Providing also that the retiring trustee shall remain in 
 office until his successor is elected. C. O. 74, s. 13. 
 
 ANNUAL ELECTION OF TETTSTEE. 
 
 14. The regular annual election of a trustee to fill the^nnuai 
 vacancy which occurs yearly shall take place on a day in the °' trustee 
 first week in January at the hour of ten o'clock in the fore- 
 noon and in the event of more candidates being nominated at 
 twelve o'clock noon than the number required to fill vacancies 
 
 then existing in the board the nominations shall be closed and 
 a poll shall be opened at that hour and shall close at five 
 o'clock in the afternoon of the same day and the proceedings at 
 such annual election shall- as nearly as possible be the same as 
 at the first election of trustees. C. O. 74, s. 14. 
 
 TRUSTEES A BODY COEPOEATE. 
 
 15. The board of trustees of every district created here- goard o£ 
 under shall be a body corporate and shall have all the rights *^™''^*^' 
 and be subject to all the liabilities of a corporation; and 
 especially shall have full power to acquire, hold and alienate 
 water rights and both real and personal estate for all purposes 
 
 of the district and by the same name they and their successors 
 shall have perpetual succession and they shall have power to 
 sue and be sued, implead and be impleaded, answer and be 
 answered unto in all courts and in all actions, causes and suits 
 
402 
 
 lEEIGATION DISTBICTS 
 
 at law and in equity whatsoever and they shall have a common 
 seal with power to alter and modify the same at their will and 
 pleasure and they shall be in law capable of receiving by 
 donation, acquiring, holding, disposing of and conveying any 
 property real or moveable for the use of the said district and 
 of becoming parties to any agreements in the management of 
 the affairs of the said district and shall have all the powers 
 necessary for the construction, working and maintenance of 
 irrigation works necessary for the uses and purposes of the said 
 district and the inhabitants thereof. C. O. 74, s. 15. 
 
 CHAIBMAH" and' SECEETABY TEEASTJEEE. 
 
 Election 
 of officers 
 
 16. The board shall within ten days after the date of their 
 election hold a meeting at which they shall proceed to elect a 
 chairman who shall preside at all meetings of the board and 
 at the same meeting the board shall appoint a secretary trea- 
 surer. C. 0. 74, s. 16. 
 
 Chairman 
 may vote 
 Equality 
 ofvotes 
 
 MEETINGS OF TEUSTEES. 
 
 17. The chairman of any meeting of the board may vote 
 with the other members of the board on all questions and any 
 question on which there is an equality of votes shall be deemed 
 to be negatived. C. O. 74, s. 17. 
 
 Chairman 
 pro tern. 
 
 18. In the event of the absence of the chairman from any 
 meeting the remaining members of the board shall elect 
 another chairman from amongst themselves who shall Have all 
 the powers of the chairman at such meeting. C. O. 74, s. IS. 
 
 Meetings 
 of board 
 
 19. Meetings of the board of trustees may be called at any 
 tim( by the chairman or by two trustees by giving seven clear 
 days written notice of the same. C. 0. 74, s. 19. 
 
 EEGULATIONS AND BYLAWS. 
 
 fnlb^law"^ ^^' -^"^^^y board may make regulations and bylaws m 
 respect of matters not provided for hj this Ordinance and not 
 contrary to law, consistent with the objects for which the 
 district was created, for governing its proceedings, calling 
 meetings, the conduct of its members, appointing committees 
 and generally such regulations as the interest of the district 
 may require and, may repeal, alter and amend its own regula- 
 tions and bylaws except where bylaws are made for the purpose 
 of raising money, levying assessments or striking rates. C. 0. 
 74, s. 20. 
 
IRRIGATION DISTEXOTS 403 
 
 31. Every board may pass a bylaw for paying the members S^Ji^mbera 
 thereof but such payment shall in no case exceed the sum of 
 two dollars per day to each member and ten cents for every 
 mile necessarily travelled in going to and from the meetings 
 of the board. 0. O. 74, s. 21. 
 
 33. The board of trustees shall define the duties of its officers duties 
 
 ly, T 1 T1 • c 1 *'"i secretary 
 
 omcers and shall exact security irom the secretary treasurer treasurer's 
 for the faithful performance of his duties and it shall be the 
 d.uty of every board at its first meeting in each year or within 
 a reasonable time thereafter to examine the security so exacted 
 and see that the same is a valid security. C. 0. 74, s. 22. 
 
 AUTHORITY FOR CONSTRUCTION OF WORKS. 
 
 33. The board shall forthwith after the erection of such Application 
 
 for 
 
 district under the provisions hereof proceed to make an appli- authorisation 
 cation in accordance with the provisions of the Act for the 
 water necessary for the irrigation of the district and for 
 authority to construct the necessary works for the utilisation of • 
 such water and may employ such surveyors or engineers as 
 are required to obtain the necessary -information to enable 
 them to make such application. 
 
 (2) The commissioner may at any time authorise the 
 discontinuance of any works theretofore authorised. C. O. 
 74, s. 23 and 1903, Sess. 2, c. 25, s. 1. 
 
 34. If the authorisation to construct such works as Provided h^j^^^.^^^.^^ 
 by section 16 of the Act be not obtained within six months n^otobtamed 
 after the date of the order creating the district or such further months 
 
 'time as the Lieutenant Governor in Council may direct, the 
 district shall cease to exist as such. C. O. 74, s. 24. 
 
 35. If the authorisation provided for by section 16 of the Au^thorisation 
 Act is issued such authorisation together with a copy of the 
 
 maps and plans required by the Act shall be filed in the office 
 of the secretary treasurer of the board and shall be open for 
 inspection by any owner or his agent at all reasonable times. 
 C. O. 74, s. 25. 
 
 ENGINEER OE DISTRICT. 
 
 36. Immediately upon receipt of the authorisation pro- Engineer 
 vided by section 16 of the Act the board shall proceed to 
 {.ppoint a competent engineer for the district whose dufy it surveys^and 
 thall be to make the necessary detailed surveys for the proposed 
 
 ^v■orks together with the maps and plans of the same and he 
 
404 
 
 IRRIGATION DISTRICTS 
 
 shall also make a careful estimate in detail of the amount 
 required to construct the several portions of the proposed 
 works and of the total amount required to complete the same; 
 he shall also make an estimate in detail of the amount required 
 to be expended in each year for the purpose of maintaining 
 and operating the said works when constructed and such maps, 
 plans and estimates shall be filed by him in the office of the 
 secretary treasurer and shall be open for inspection by any 
 owner or his agent at all reasonable hours. C. O. 74, s. 26. 
 
 ASSESSMENT ROLL. 
 
 Assessment 
 
 37. LTpon completion of the maps, plans and estimates 
 provided for in the preceding section the engineer so appointed 
 shall make an assessment roll of the district in which'^he shall 
 set down to the best of his knowledge, information, skill and 
 ability in the first column thereof the name of each owner of 
 each parcel of land in the district which is liable to taxation 
 under the provisions hereof; in the second column thereof a 
 description of the lands so owned ; in the third column thereof 
 the number of acres which are capable of being irrigated by the 
 proposed works as shown by the maps and plans prepared by 
 the engineer and in the fourth column the number of acres 
 which are not capable of being so irrigated. C. O. 74, s. 27. 
 
 Unknown 
 owners 
 
 38. The engineer shall also in such assessment roll give a 
 description of each parcel of lands liable to taxation the owners 
 of which are unknown to him and shall opposite to each parcel 
 enter in the several columns of the said roll the same particulars 
 as are required by the preceding section. C. O. 74, s. 28. 
 
 Occupants of 
 Crown lands 
 liable in 
 certain cases 
 
 39. Occupants of crown lands in respect of which home- 
 stead or purchase rights have been granted shall be liable to 
 taxation in respect of their occupancy of the same in the same 
 way as owners of other land. 0. 0. 74, s. 29. 
 
 Notice of 
 assessment 
 
 30. Upon completion of the assessment roll the engineer 
 shall hand the same to the secretary treasurer of the board 
 who shall within one week after its receipt deliver to each 
 person residing in the district whose name appears on the 
 assessment roll or leave at his residence a notice setting forth 
 the land in respect of which he is assessed or entered on the 
 said roll and the number of irrigable and nonirrigable acres 
 therein and shall mail a similar notice by registered letter to 
 all the persons whose names appear on such roll who reside 
 without such district and shall enter on the roll opposite the 
 
IKEIGATION DISTKIOTS 405 
 
 name of each person therein the date of such delivery or mail- 
 ing and snch entry shall be prima facie evidence of such 
 delivery and of the date thereof. 
 
 (2) The assessment roll shall remain in the office of the 
 secretary treasurer of the board except when it is required 
 before the court of revision or before a judge and shall be open 
 for inspection by any owner or by his agent. 0. O. 74, s. 30. 
 
 COUET OF REVISION. 
 
 31. The board shall form a court of revision for the trial of ?e°vi3io°n 
 complaints of any owner as to himself or any other person 
 being wrongfully assessed on the said roll or omitted therefrom 
 or of being assessed in respect of property of which they are 
 not the owners or occupants or as to the number of acres stated 
 on such roll to be contained in any parcel or as to the number 
 of acres thereof stated therein as being capable of irrigation 
 by means of the proposed works. C. O. 74, s. 31. 
 
 33. The secretary treasurer shall be the clerk of the court SfM-etary 
 of revision and shall record all the proceedings thereof. C. O. "lerk of court 
 74, s. 32. 
 
 33. The nroceedings of the- court of revision and the mode Proceedings 
 
 jr <:> on appeal 
 
 of appeal thereto shall be as follows : 
 
 1. Any owner desiring to appeal may within two weeks 
 from the date of the delivering or mailing of the assessment 
 notice notify the secretary treasurer in writing of the particu- 
 lars and grounds of his appeal ; 
 
 2. Forthwith after the receipt by the secretary treasurer of 
 the assessment roll he shall notify the board thereof and the 
 board shall thereupon fix a day not less than one but within 
 two months after such receipt of the roll and a place at which 
 they will sit as a court of revision ; 
 
 3. As soon as the time within which notice of appeal may be 
 given has expired the secretary treasurer shall personally or 
 by mail notify the parties appealing and appealed against of 
 the time and place fixed for the sitting of the court of revision ; 
 
 4. The court of revision may meet and adjourn from time to 
 time but so that their duties shall be completed within the 
 said two months ; 
 
 5. All evidence before the court of revision shall be taken 
 on oath and any member of the court shall be competent 
 to administer the oath to any person giving evidence before the 
 
4:06 
 
 lEEIGATION DISTEIOTS 
 
 Omissions 
 from 
 
 assessment 
 roll 
 
 Revised 
 assessment 
 roll binding 
 
 Assessment 
 roll to be 
 continued 
 
 court and the secretary treasurer may when required issue a 
 summons to any witness to attend such court or produce docu- 
 ments thereat and if any person so summoned as a witness 
 fails without good and sufficient reason to attend or produce 
 documents (having been tendered witness fees at the rate of $1 
 per day and actual railway fare or mileage at the rate of ten 
 cents per mile where railway is not available) he shall be guilty 
 of an offence and on summary conviction thereof be liable to 
 a penalty not exceeding $50. C. 0. 74, s. 33. 
 
 34. If at any time not later than two weeks before the date 
 fixed for holding the court of revision it shall be discovered 
 that any property has been omitted from the assessment roU 
 the secretary treasurer shall forthwith notify the owner thereof 
 if he resides or has a place of business within the district that 
 application will be made to the court of revision to add the 
 name of such owner and the said property to the assessment 
 roll and that such owner is required to attend the court of 
 revision, to show cause why the said property should not be 
 assessed. 
 
 (2) If such owner does not reside within the district then 
 such notice shall be posted by registered letter to the post 
 office address of such owner. 
 
 (3) After such notice has been given as aforesaid and. after 
 the expiration of the time mentioned therein or if such person 
 be not known then without any notice the board may unless 
 good cause is shown to the contrary assess such property and 
 direct the secretary treasurer to enter the same upon the 
 assessment roll with the name of such person if known upon 
 which entry the said property shall be deemed to have been 
 duly assessed. C. O. 74, s. 34. 
 
 35. The roll as finally passed by the court shall 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 any notice required by this Ordin- 
 ance or the omission to deliver or transmit such notice. G. 0. 
 74, s. 35. 
 
 36. The assessment roll herein provided for and as revised 
 under the provisions hereof shall be the revised assessment 
 roll of the district until such time as the board shall by bylaw 
 from time to time provide for the making of a new assessment 
 roll and any assessment made under any such bylaw shall be 
 made and revised under and subject to all the provisions of 
 this Ordinance relating to assessments or appeals therefrom. 
 0. O. 74, s. 36. 
 
IKEIGATION DISTKICTS 407 
 
 BYLAW POE EAISING LOAM^. 
 
 37. If upon the revision of such roll in the manner herein voting on 
 provided it is found that the amount required to construct and 
 complete the proposed- works according to the maps, plans and 
 estimates of the engineer and the amount required to defray 
 
 the necessary expenses incurred in procuring the erection of 
 such district and the said authorisation inchiding the costs of 
 surveys and plans therefor do not together exceed an amount 
 equal to four dollars per acre of the lands shown by such 
 assessment roll to be capable of irrigation by means of the 
 proposed works and that the amount required to be raised 
 annually for the purpose of maintaining such works and paying 
 the expenses of the administration of the affairs of such district 
 does not exceed an amount equal to one dollar per acre of the 
 lands shown by such roll to be capable of irrigation by means 
 of such works the board shall forthwith submit to a vote of 
 the voters of the said district a bylaw providing for the raising 
 by loan upon the credit of the district the amount shown by 
 such estimate to be required for the purpose of defraying the 
 cost of construction of such work and the amount required to 
 defray the necessary expenses incurred in procuring the erec- 
 tion of such district and in the proceedings hereunder and of 
 obtaining such authorisation and for levying of the necessary 
 rates for the payment of such loan a^d the interest accruing 
 thereon and for the issue of debentures for the same. 0. 0. 
 74, s. 37. 
 
 38. Such bylaw shall set forth : contents of 
 
 •J bylaw 
 
 (a) The object of the bylaw ; 
 
 (&) The date upon which it shall take effect; 
 
 (c) The amount of the proposed loan showing the pur- 
 poses for which it is proposed to be raised and the 
 several amounts required for each purpose; 
 
 id) The times and manner of repayment thereof or of 
 the debentures to be issued therefor, the rate of 
 interest , thereon and the times for payment thereof; 
 
 (e) The total irrigable acreage of the ratable real prop- 
 erty in the^ district as shown by such revised assess- 
 ment roll; 
 
 (/) The specific sum to be raised in each year during the 
 currency of the bylaw for the purpose of paying the 
 several instalments of principal and interest payable 
 thereunder. C. O. 74, s. 38. 
 
408 
 
 lEEIGATION DISTRICTS 
 
 Time and 
 mode of 
 repayment 
 
 39. Such bylaw and the debentures issued thereunder shall 
 provide for the payment of the whole principal money within 
 thirty years from the time the bylaw takes effect and shall 
 be repayable by annual instalments extending over the whole 
 of such period or the last twenty years thereof. C. O. 74, s. 39. 
 
 Polling 
 subdivisions 
 
 Returning 
 officer 
 
 40. The board may in and by such bylaw divide such dis- 
 trict into polling subdivisions for the purpose of taking such 
 vote and shall thereby fix the day and hour and polling place 
 or places for taking the same and fix the time and place when 
 and where the returning oificer shall sum up the number of 
 votes given for or against the bylaw. 
 
 (2) The day so to be fixed for taking such votes shall not 
 be less than two or more than four weeks from the first publica- 
 tion of such bylaw in the manner hereinafter mentioned. 
 
 (3) The board shall appoint a returning officer and if neces- 
 sary deputy returning ofiicers. The returning officer may act 
 as a deputy returning officer in which case the provisions hereof 
 a'pplicable to deputy returning officers shall apply to him. 
 C. 0. 74, s. 40. 
 
 proposed"" °' 41- The board shall before the voting thereon by the rate- 
 byiaw payers publish a copy of the bylaw in some newspaper pub- 
 
 lished within the said district or if there be no such newspaper 
 then in some newspaper published near the district and such 
 publication shall be continued in at least one number weekly 
 of such newspaper for two consecutive weeks and the secretary 
 treasurer shall post up a copy of the bylaw in his office. C. 0. 
 74, s. 41. 
 
 Copy signed 
 by secretary 
 treasurer 
 
 43. Appended to each copy so published shall be a notice 
 signed by the secretary treasurer stating that such copy is a 
 true copy of a proposed bylaw which shall be taken into con- 
 sideration by the board after being voted on by the voters and 
 stating the date of the first publication and the day, hour and 
 place or places fixed for taking the votes of the persons entitled 
 to vote. C. 0. 74, s. 42. 
 
 Qualification 
 of voters 
 
 43. The persons qualified to vote at the taking of the vote 
 upon such bylaw shall be the owners who were assessed on the 
 last revised assessment roll and are of the full age of twenty- 
 one years. C. 0. 74, s. 43. 
 
 Oath of 
 qualification 
 
 44. At the request of any person who is entitled to vote on 
 such bylaw the returning officer or deputy returning officer 
 shall administer to any person applying to vote an oath of 
 qualification in the following form: 
 
lEKIGATION DISTEIOTS 409 
 
 "You do swear tliat you are of the full age of twenty-one 
 years ; that you are lawfully in possession or entitled to be in 
 possession of land situate within the irrigation 
 
 district; that you were assessed on the last revised assessment 
 roll of the said district; that you have not already voted on 
 the bylaw now before the voters and that you have not received 
 any reward or offer or promise of reward for voting on the 
 said bylaw. So help you God." 0. O. 74, s. 44. 
 
 45. The votes upon the bylaw shall be given by ballot in voting to be 
 
 1 1 • c / 1 1 1 1 n 1 11 1 • by ballot 
 
 the manner neremaiter set forth and the ballots shall be m 
 form D in the schedule hereto. C. O. 74, s. 45. 
 
 46. The returning officer shall procure or cause to be RetuTning 
 
 ° ^ ,,.'.. officer's duties 
 
 procured as many ballot boxes as there are polling subdivisions 
 in the district and cause to be printed a sufficient number of 
 ballot papers for the purposes of thfe election. 0. O. 74, s. 46. 
 
 47. The returning officer shall at least two days before Delivery of 
 polling day deliver one of the ballot boxes to each deputy 
 returning officer. C. O. 74, s. 47. 
 
 48. The returning officer shall before the poll is opened Supply ot 
 caused to be delivered to every deputy returning officer the 
 ballot papers and materials for marking the ballot papers. C. 
 
 O. 74, s. 48. 
 
 49. The secretary treasurer of the board shall supply to each f^^^^'^^^j.^ 
 deputy returning officer before the opening of the poll a certi- supply list 
 fied list of the names of the owners of land within his polling 
 subdivision as shewn by the last revised assessment roll and 
 
 no persons other than those named on such list shall be entitled 
 to vote on such bylaw. 0. O. 74, s. 49. 
 
 50. Every deputy returning officer shall provide a compart- D^uty^^ 
 ment at the polling place to which he is appointed where the officer 
 voters can mark their ballots screened from observation and 
 
 may appoint a constable to maintain order at the polling place. Constable 
 C. O. 74, s. 50. 
 
 51. Every deputy returning officer shall immediately before Proceedings 
 the commencement of the poll open the ballot box and caliofpoii 
 such person as may be present to witness that it is empty; he 
 
 shall then lock and properly seal the same to prevent its being 
 opened without breaking the seal and then place the box in 
 view for the reception of ballots and the seal shall not be 
 broken nor the box unlocked during the time appointed for 
 taking the votes. C. O. 74, s. 51. 
 
410 
 
 IKEIGATION DISTEICTS 
 
 afiSwedia ^^- ^0 peisoii shall be allowed in any polling place during 
 
 poiung place the hours for polling except the returning officer, the deputy 
 returning officer, the constable (if any), the voter engaged in 
 voting and any agents appointed as in this section provided. 
 
 Scrutineers (2) On application to him the returning officer may appoint 
 
 two persons for each poll to act as scrutineers on behalf of the 
 persons in favour of the passage of the bylaw and two persons 
 for each poll to act as scrutineers on behalf of the persons 
 opposed to the passage of the bylaw but before such persons 
 act as such agents they shall severally subscribe and make a 
 declaration before the returning officer or a person empowered 
 to administer oaths in the following form : 
 
 "I do solemnly declare that I am interested in 
 
 and desirous of securing (or opposing as the case may he) the 
 passage of the bylaw now being or about to be submitted to 
 the vote of the owners in irrigation district. 
 
 C. 0. 74, s. 52. 
 
 Proceedings 
 at poll 
 
 53. Proceedings at the poll shall be as follows : 
 
 1. "On a person presenting himself for the purpose of voting 
 the deputy returning officer shall ascertain that the name of 
 such person is entered or purports to be entered upon the 
 voters' list of his polling subdivision; 
 
 2. If such person takes the oath prescribed by this Ordin- 
 ance the deputy returning officer shall cause to be entered 
 opposite the name of such person in the proper column of the 
 voters' list the word "sworn" ; 
 
 3. When such person as aforesaid has been required to take 
 the oath prescribed by this Ordinance and refuses to take the 
 same the deputy returning officer shall cause to be entered in 
 the proper column of the voters' list the words "refused to be 
 sworn" ; no person who has refused to take the oath prescribed 
 by this Ordinance when requested to do so shall receive a ballot 
 paper or be admitted to vote; 
 
 4. When the vote is objected to the deputy returning officer' 
 shall cause to be entered in the proper column of the voters' 
 list opposite the voter's name the words "objected to"; 
 
 5. After the proper entries respecting a person claiming to 
 vote have been made in the voters' list in the manner prescribed 
 the deputy returning officer shall stamp or sign his initials 
 upon the bark of the ballot paper and shall deliver the same 
 to such person ; 
 
 6. The deputy returning officer shall explain to the voter the 
 mode of voting ; 
 
lEfilGATION DISTRICTS 411 
 
 7. The deputy returning officer shall cause to be placed in 
 the proper column of the voters' list a mark opposite the name 
 of every voter receiving a ballot paper; 
 
 8. Only one person claiming to be entitled to vote shall be 
 allowed at a time in the polling place ; 
 
 9. Every person receiving a ballot paper shall forthwith 
 proceed to the compartment provided for marking ballots and 
 shall mark his ballot paper by placing a cross opposite the 
 words "for the bylaw" or opposite the words "against the 
 bylaw" as the case may be in accordance with his intention to 
 vote for or against the proposed bylaw ; he shall then fold the 
 ballot paper so as to conceal the marks on the face of the paper 
 but so as to expose the initials of the deputy returning officer 
 and on leaving the compartment shall forthwith and without 
 exposing the face of th-e ballot paper to anyone or in any man- 
 ner making known to any person which way he has voted 
 deliver the same to the deputy returning officer who shall 
 without unfolding it verify his initials and at once deposit it 
 in the ballot box in the presence of all persons then present in 
 the polling place ; 
 
 10. While any voter is in the compartment for the purpose 
 of marking his ballot paper no other person shall be allowed 
 in the same compartment or be in any position from which he 
 can see the manner in which such voter marks his ballot paper 
 except as hereinafter provided ; 
 
 11. In case any elector states he is unable to mark his ballot 
 paper : 
 
 (a) The deputy returning officer shall administer an oath 
 to such elector that he is unable to mark his ballot 
 paper and shall then cause the vote of such elector to 
 be marked as he directs and shall then place the same 
 in the ballot box ; and 
 
 ■ } 
 
 (&) The deputy returning officer shall state in the voters' 
 list opposite the name of such elector in the column 
 for remarks the fact that the ballot paper was marked 
 by him at the request of the voter and the reasons 
 therefor ; 
 
 12. Any elector who has spoiled his ballot paper in marking 
 it and discovers the fact before it has been placed in the ballot 
 box may on returning the same to the deputy returning officer 
 and proving the fact to him obtain another ballot paper and 
 the deputy returning officer shall mark upon the face of the 
 ballot paper so spoiled the word "cancelled," and all ballot 
 
412, lEEIGATION DISTBICTS 
 
 papers so marked shall be preserved by the deputy returning 
 officer and by him returned to the returning officer in the man- 
 ner hereinafter provided; 
 
 13. Any person who has received a ballot paper and who 
 leaves the polling place without delivering same to the deputy 
 returning officer in the manner provided or if after receiving 
 the same refuses to vote shall forfeit his right to vote and 
 the deputy returning officer then shall make an entry in the 
 voters' list opposite the name of such person in the column for 
 remarks that such person received the ballot paper but did not 
 return the same or that the person returned the ballot paper 
 and declined to vote in which case the deputy returning officer 
 shall mark upon the face of the ballot paper the word 
 "declined," and all ballot papers so marked shall be preserved 
 by the deputy returning officer and by him returned to the 
 returning officer in the manner hereinafter provided ; 
 
 14. Any deputy returning officer who is entitled to vote in a 
 polling subdivision other than the one in which he is perform- 
 ing the duties of such officer may, subject to the other pro- 
 visions hereof, vote at the polling station at which he is so 
 engaged providing he produces a certificate from the secretary 
 treasurer that he is a qualified voter within the district and 
 the deputy returning officer shall attach such certificate to the 
 voters' list. C. O. 74, s. 53. 
 
 Proceedings 54. Immediately after the close of the poll, the deputy 
 
 of poll returning officer shall, in the presence of the poll clerk, if there 
 
 be one, open the ballot box and proceed as follows : 
 
 1. He shall examine the ballot papers and reject all those on 
 the back of which his initials are not found or on which more 
 votes are given than the voter is entitled to give or on which 
 anything appears by which the voter can be identified and any 
 ballot paper so rejected shall be void; 
 
 2. Take a note of any objection made by any agent to any 
 ballot paper found in the ballot box and decide on any question 
 arising out of the objection; 
 
 3. ISTumber such objection and place a corresponding number 
 1)11 the back of the ballot paper with the word "allowed'' or 
 "disallowed" as the case may be, with his initials ; 
 
 4. Count the votes given for or against the said bylaw from 
 the ballot papers not rejected and make a written statement of 
 the number of votes given for. or against the said bylaw and of 
 the number of ballot papers rejected and not counted by him, 
 which statement shall be then signed by him and such of the 
 agents present as may desire to sign the same; 
 
IRRIGATION DISTRICTS 413 
 
 5. The deputy returning officer shall then certify under his 
 own hand in full words on the voters' list the total number of 
 persons wlio have voted at the polling place at which he is 
 appointed, and make up into separate packets : 
 
 (a) The statement of votes given for and against the by- 
 law and of the rejected ballot papers ; 
 
 (b) The used ballot papers which have not been objected 
 to and which have not been counted; 
 
 (c) The ballot papers which have been objected to but 
 which have been counted ; 
 
 (d) 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 
 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. C. 0. 
 74, s. 54. 
 
 55. After the close of the poll the deputy returning officer pg^jg^^g^yg^ 
 shall make and subscribe before a justice of the peace aretu?ninf 
 declaration in the following form : officer 
 
 "I, the undersigned, deputy returning officer for polling sub- 
 division ISTo. of irrigation district do solemnly 
 declare that the poll book kept by me for the said polling sub- 
 division on the vote on the bylaw of said district to raise 
 $ by way of loan was correctly kept, that the total 
 number of votes polled at said polling subdivision was 
 of which were in favour of the said bylaw and 
 were against it, that the voters' list used at said poll was used 
 in the manner prescribed by law and the entries required to 
 be made therein were made according to law and that I faith- 
 fully performed all the duties required of me by law." 
 
 2. Such declaration shall be attached to the voters' list and 
 sent to the returning officer. 0. O. 74, s. 55. 
 
 56. At the time and place fixed for declaring the result of counting 
 the election the returning officer shall open the packet con-""'®^ 
 taining the statement of the number of votes given for and 
 against the bylaw and shall publicly declare as to whether the 
 bylaw has been assented to or rejected by the voters, as the 
 
 case may be, in accordance with the majority of the votes cast. 
 C. 0. 74, s. 56. 
 
434 
 
 lEEIGATION DISTEIOTS 
 
 Return to 
 secretary 
 treasurer 
 
 57. After the voting the ballot boxes, packets and returns 
 together with a statement showing the result of the vote shall 
 be transmitted by the returning officer to the secretary treas- 
 urer who shall be responsible for their safe keeping and for 
 their delivery when required. C. O. Y4, s. 57. 
 
 Proceedings 58i If the maioritv of votes polled upon such bylaw is 
 ■''otes against against the passing thereof the board shall forthwith report 
 bylaw the same to the commissioner and shall immediately proceed 
 
 to discharge all the outstanding liabilities of the district and 
 shall have power to make such assessments and levy such rates 
 as may be necessary for such purpose ; and so soon as all debts 
 and liabilities of the district have been so discharged it shall 
 immediately cease to exist as such. C. 0. Y4, s. 58. 
 
 If majority of 
 votes in favour 
 
 Bylaw to 
 receive 
 assent of 
 commissioner 
 
 Issue of 
 debentures 
 
 59. If the majority of votes polled upon such bylaw is in 
 favour of the passing thereof it shall within one week from the 
 day of voting be finally passed by the board. C. O. 74, s. 59. 
 
 60. The bylaw for raising such loan shall receive the assent 
 of the commissioner after the final passing thereof by the board 
 which assent shall be conclusive evidence that all necessary 
 formalities in respect to the passing thereof and to the vote 
 thereon have been complied with. C. O. 74, s. 60. 
 
 61. The trustees having received notice of the assent of the 
 commissioner to such bylaw shall issue debentures for the 
 amount of such proposed loan to secure the repayment of the 
 same with interest, upon the terms specified in the bylaw and 
 said debentures and the coupons thereof shall be sufficient when 
 signed by two of the trustees of the district to bind the district 
 and to create a charge or lien upon all property of the district 
 and all rates levied therein. C. 0. 74, s. 61. 
 
 Form of 
 debenture 
 
 63. The debentures to be issued under any such bylaw 
 shall be in the form following or to the like effect : 
 
 Canada. 
 North-West Territories, 
 
 * Debenture No. 
 
 The trustees of 
 
 irrigation district promise to pay to the bearer at 
 
 the sum of • fioVizx^ 
 
 of lawful money of Canada in 
 
 equal annual instalments with interest at the rate of 
 
 per cent, per annum in the manner specified in the coupons 
 
 attached hereto. 
 
IKEIGATION DISTRICTS ^-[5 
 
 Dated this day of i 
 
 For the said trustees. 
 
 Trustee. 
 Trustee. 
 
 COUPONS. 
 
 Coupon ITo. 
 
 Debenture No. 
 
 The trustees of irrigation district 
 
 ■will pay to the bearer at 
 
 on the day of 1 the sum 
 
 of , dollars, being the 
 
 payment with the total interest at the rate of 
 
 per cent, per annum due on that day on 
 debenture Wo. 
 
 Trustee. 
 Trustee. 
 0. O. 74, s. 62. 
 
 ANNUAL BATES. 
 
 63. The board shall not later than the first day of May in Annual 
 each year after the bylaw takes effect make an estimate of the *^ '""* * 
 amount required to pay the instalments of principal and 
 interest payable under such bylaw up to the expiration of such 
 
 year and the lawful expenses which shall be incurred during 
 such year in carrying out the provisions of this Ordinance, 
 including salaries and expenses of officers and such allowances 
 as the members of the board may be entitled to under the 
 provisions hereof and the general expenses of the district, and^ jg^^f^^ 
 shall forthwith pass a bylaw authorising and directing the ''°^i®<'''°° 
 levying and collecting of an equal rate upon each acre of 
 irrigable land as shown by the last revised assessment roll for 
 the district which rate shall be sufiicient to raise the amount of 
 such estimate after making all due and reasonable allowances 
 for the cost of collection and abatement for losses which may 
 occur in the collection of taxes. C. O. 74, s. 63. 
 
 64. The secretary treasurer shall be the collector of taxes collector 
 for the district but the board may appoint another person to 
 
 be such collector. C. O. 74, s. 64. 
 
 65. Immediately after the passing of such last mentioned collector's rou 
 bylaw in each year the secretary treasurer shall make out a 
 collector's roll in which he shall set down in the first column 
 
 thereof the full name of every person whose name appears 
 upon the revised assessment roll and in the second .colunm 
 thereof the amount for which each person is assessed in such 
 
416 
 
 lEEIGATION DISTEIOTS 
 
 Notice of 
 taxation 
 
 Distress 
 
 Taxes, a debt 
 to board 
 
 assessment roll for such year and in the third column thereof 
 the amount of the taxes and rates with which he is chargeable 
 under the said last mentioned bylaw and shall unless he him- 
 self is collector deliver the roll certified under his name to the 
 collector appointed by the board. C. O. 74, s. 66. 
 
 66. The collector shall forthwith after the completion or 
 delivery to him of such collector's roll leave at the usual 
 residence or place of business of or transmit by mail to each 
 person whose name appears on the said roll or to any agent of 
 such person in the district a statement and demand of the 
 taxes charged against him which statement shall state the time 
 such taxes are required to be paid and the collector shall enter 
 the date of delivery or mailing such notice in said collector's 
 roll opposite the name of the person taxed and such entry shall 
 he prima facie evidence of the due delivery of such statement 
 and demand. C. 0. 74, s. 66. 
 
 67. All rates, charges and taxes payable under the provis- 
 ions of this Ordinance shall be paid to the collector within ten 
 days after such demand thereof by the said collector; and in 
 case of refusal or neglect to pay the same within such time or 
 in case the same shall not be paid before the return of the roll 
 the collector or the secretary treasurer may levy the same with 
 the costs of distress and sale by distress and sale of the goods 
 and chattels of the defaulter situated within the district or of 
 any goods and chattels found upon the premises assessed. C. 
 0. 74, s. 67. 
 
 68. Taxes may be recovered as a debt due to the board in 
 which case the production of the collector's roll or a copy 
 of so much thereof as relates to the taxes payable by any 
 person, certified by the secretary treasurer to be a true copy, 
 shall be prima facie evidence of the debt. C. O. 74, s. 68. 
 
 Return of roll 69. The coHector shall on or before the first day of Decem- 
 ber in each year or such later time as the board may direct 
 return the collector's roll to the secretary treasurer, with an 
 account of all moneys received by him, accompanied by a 
 solemn declaration made before an ofiicer authorised to 
 administer oaths, that the collection and other proceedings 
 have been taken in accordance with the the terms of this 
 Ordinance and that the returns contained therein are correct. 
 C. O. 74, s. 69. 
 
 AEEEAES OF TAXES. PEOCEDUEE AGAINST LAND. 
 
 Annual 
 
 returns 
 
 70. The secretary treasurer of every district shall in the 
 first fifteen days of January in each year make a return veri- 
 
lERIGATIOX DISTRICTS 417 
 
 fied by his solemn declaration to the commissioner in such 
 form as inay by the commissioner ie from time to time 
 prescribed showing all lands in the district upon which taxes 
 have not been paid torjetltcr with the years for which such 
 taxes are due. 
 
 (2) The returns shall for all purpC'Ses 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. 
 1901, c. 28, s. 9. 
 
 71. On application by the attorney general of the Tern- ^pp''cation 
 tories or some advocate authorised by him to a judae of ^/le co"''rmation 
 
 ^ ^ ■' <^ ' or return 
 
 ■supreme court m chambers such judge may appoint a time and 
 place for the holding of a court for 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 district or if none be published in the district 
 then in a local paper published at a point Clearest thereto to be 
 named by the commissioner. 
 
 (2) A notice of the time and place fixed for the confirma- 
 tion of such return shall be sent by mail at least sixty days 
 prior to the time so fixed to each person who appears by the 
 records of the proper lands titles office or by the said return to 
 have any interest in the lands mentioned in said return in 
 respect of which confirmation is desired and whose post office 
 address is shown by said records or return; and the entry 
 against such lands of the date of mailing such notice together 
 with the initials of the clerk of the local improvement branch 
 of the department of public luorks shall without proof of the 
 appointment or signature of the said clerk be prima facie 
 evidence that the required notice has been mailed. 1901, c. 
 28, s. 9. 
 
 73. At the time and place so appointed the judge s/iaZZ HearinK of 
 hear the application and also any objecting parties and the 
 evidence adduced before him; and thereupon adjudge and 
 determine whether or not the taxes imposed respectively upon 
 each parcel of land included in the return were either wholly 
 or in part in defauU; and report the adjudication to the said 
 attorney general; and 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 severally and adding 
 thereto a reasonable amount for the expense of advertising 
 together with such sum as he may fix for costs of the applica- 
 
418 
 
 IBEIGATION DISTEICT8 
 
 tion; and the effect of such adjudication shall be to vest in 
 Ms Majesty for the public use of the Territories the mid lands 
 subject however to redemption by the owners respectively 
 of the said lands at dny time within one year from the date of 
 the adjudication by payment to the commissioner of the 
 amounts named includirig expenses as aforesaid together with 
 a redemption fee of $1 for each and every parcel so redeemed 
 and any subsequent taxes paid by the commissioner. 
 
 (2) For the purpose 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 
 confirmation 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 commissioner. 
 
 (4) A copy of such adjudication certified by the commis- 
 sioner shall be forwarded to the registrar of the land 
 registration district in which the lands named in the adjudica- 
 tion or any of them or situated; and such copies shall be notice 
 to the public of the fads therein contained. 1901, c. 28. s. 9. 
 
 Payment of 
 taxes before 
 hearing 
 application 
 
 When land to 
 vest in Crown 
 
 1'3. If any person interested in any parcel of land contained 
 in the return presented, to the judge for confirmation as prQ- 
 vided by section 12 of this Ordinance pays the taxes upon such 
 lands before the date fixed for confirmation of such return but 
 after such date has been fixed he shall in addition to the aniovnt 
 of taxes shown by such return to be overdue pay the sum of 
 $1 for each parcel of land to cover the costs of application 
 to the judge and advertising and postage in connection with 
 such proceedings; and any sum so paid shall form part of the 
 Territorial revenue. 1901, c. 28, s. 9. 
 
 74. At any time after the expiration of the year last 
 named on ex parte application by the attorney general or an 
 advocate appointed by him and production of the last named 
 adjudication together xvHh the certificate of the commissioner 
 thowing that the land has not been redeemed the judge by 
 order in chambers may direct that the title to such of th-e land 
 named in the adjudication as has not been redeemed by the 
 owner be absolutely vested in his Majesty freed from all liens, 
 mortgages ctnd incumbrances of whatever nature and kind the 
 same may be. 1901, c. 28, s. 9. 
 
 CommiMioner 74^. go soon as the retum of the secretary treasurer has 
 
 to pay arrears ^ ^ ' J 
 
 oftaxis igen confirmed the commissioner shall pay to the secretary 
 
 treasurer the amount of taxes adjudged in arrears on mrli 
 
IKKIGATION DISTKIOTS 4]^9 
 
 iv. 
 
 parcel of land deducting therefrom any charges he ma>i ha. 
 been required to pay; and thereafter yearly while owned .by 
 his Majesty the said land shall be assessed in the name of the 
 commissioner who shall pay taxes as if the land were assessed 
 to an ordinary individual. 1901, c. 28, ,s. 9. 
 
 75. The commissioner may from time to time offer for sale saieot lands 
 any lands vested in her Majesty as herein provided at such 
 
 prices and upon such terms as may be fixed by the Lieutenant 
 Governor in Council. C. O. 74, s. 75. 
 
 76. The taxes accruing upon or in respect of any real estate Taxes special 
 in the district liable to taxation under the -provisions hereof '*" 
 
 shall be a special lien upon such real estate including the 
 buildings and impi-ovements thereon having preference over 
 any claim, lien privilege or incumbrance and of any party 
 whomsoever. C. O. 74, s. 76. 
 
 GENEEAX PKOVISIONS. 
 
 77. In addition to the powers hereinbefore mentioned the Further 
 board shall subject to the provisions of The North-West Zrng'a- board^"' 
 tion Act 1898 have and possess and may exercise all the powers 
 which may be necessary in order to enable them to construct 
 
 and maintain the said works and may by bylaw provide for 
 the construction or maintenance thereof or both in such man- 
 ner as it may see fit and may also make and enforce such 
 regulations as it may see fit respecting the supply of water to 
 any person and for the disposal or supply of any surplus 
 water Avhich is not required for the purpose of the district and 
 for the cutting off or stopping the supply of any water to any 
 person in arrears in respect thereof and to any persons from 
 whom rates or taxes are due to such district. C. O. 74, s. 77 
 and 1899, c. 18, s. 4. 
 
 78. The board may pass bylaws from time to time author- Borrowing 
 ising the chairman and treasurer thereof to borrow from any 
 person, bank or corporation such sum or sums of money as may 
 
 from time to time be required to pay any instalment of prin- 
 cipal or interest or both falling due upon any such debentures 
 or to provide for any other expenditure until such time as the 
 taxes levied ot- to be levied therefor can be collected. 0. O. 
 74, s. 78. 
 
 79. In case of any vacancy in the board by death, resigna- vacancy in 
 tion or otherwise the remaining members of the board shall 
 appoint some owner residing within the district to the vacant 
 
420 
 
 lEBIGATION DISTEICTS 
 
 position. In case there are no members of the board remaintag 
 the commissioner shall appoint three such persons to constitute 
 the board. C. 0. 74, s. 79. 
 
 Failing 80. In case the board shall at any time fail to appoint the 
 
 of SffloeJ^retc, necessary oiEcers to carry out the provisions of this Ordinance ■ 
 commisaioner or in case any officer appointed by the board shall fail to per- 
 to appoint fQy.^ ^j^g duties prescribed by this Ordinance the commissioner 
 shall appoint the necessary officer' or officers for the purpose 
 of carrying out the provisions hereof and any such officer so 
 appointed shall have and possess all the powers and shall per- 
 form all the duties of his office in the same manner as if he 
 had been appointed by the board. C. O. 74, s. 80. 
 
 ALTERATION OF BOL'KDAEIES. 
 
 Alteration of 
 boundaries 
 
 81. The commissioner shall have power to alter and amend 
 the boundaries and area of any district erected as herein 
 provided by adding thereto or taking therefrom but no area 
 shall be added to a district unless the majority of the owners 
 in such area signify their consent to such addition nor shall 
 any portion of a district be cut off unless the board by resolu- 
 tion agrees to such reduction in the area of the district. 
 
 (2) In case of any district having any debenture debt out- 
 standing no alteration shall be made in the same or in the 
 boundaries thereof which will prejudicially afPeet the rights or 
 security of the holders of any such debentures. 
 
 (3) The order of the commissioner amending the boundaries 
 or area of any district erected imder the provisions hereof shall 
 be published in the official gazette and a copy thereof filed by 
 the board. C. O. 74, s. 81. 
 
 Execution 
 
 against 
 
 district 
 
 EXECUTIONS AGAINST DISTEICTS. 
 
 83. Any writ of execution against a district may be 
 indorsed with a direction to the sheriff to levy the amount 
 thereof by rate and the proceedings thereon shall be as follows: 
 
 1. The sheriff shall deliver a copy of the writ and indorse- 
 ment to the secretary treasurer of the board with a statement 
 in writing of the amount required to satisfy such execution 
 including the amount of interest thereon and sheriff's fees and 
 demand the payment of the same ; 
 
 2. In case the amount demanded is not paid to the sheriff 
 within thirty days after such delivery the sheriff shall examine 
 the assessment roll of the district and shall in like maimer as 
 rates are struck for general district purposes strike a rate in 
 the dollar sufficient to cover the amount claimed as aforesaid 
 
IKBIGATION DISTRICTS 421 
 
 with such addition to the same as the sheriff deems sufficient 
 to cover interest, his own fees and the collector's per centage 
 up to the time when such rate will probably be available; 
 
 3. The sheriff shall thereupon issue a precept under his hand 
 and seal of office directed to the secretary treasurer of the board 
 and shall annex thereto the roll of such rate and shall by such 
 precept after reciting the writ and that the corporation had 
 neglected to satisfy the same and referring to the roll annexed 
 to the precept command the secrteary treasurer of the board to 
 levy such rate at the time and in the manner by law required 
 in respect to the general annual rates; 
 
 4. In case at any time for levying the annual rates next 
 after the receipt of such precept the secretary treasurer of the 
 board has a general rate roll delivered to him for such year 
 he shall add a column thereto headed: "Execution rate in 
 A.B. versus The Irrigation District 
 
 as the case may be, adding a similar column if there are more 
 executions than one and shall insert therein the amount by 
 ^ such precept required to be levied upon each owner respec- 
 tively and shall levy the amount of such execution rate afore- 
 said and shall within the time that he is required to make the 
 return of the general annual rate return to the sheriff the 
 precept with the amoimt levied, thereqn deducting ,his 
 percentage ; 
 
 5. The sheriff shall after satisfying -the execution and ail 
 fees thereon return any surplus within ten days after receiving 
 the same to the secretary treasurer of the board for the general 
 purposes of the "district; 
 
 6. In case the secretary treasurer of the board of any district 
 against which an execution has issued is not paid by percent- 
 age fixed by bylaw of the district he shall be paid for such 
 collection a sum not exceeding two and one-half per centum 
 of the amount collected. C. 0. 74, s. 82. 
 
 83. The secretary treasurer or collector of the district shall sec^-tary^^ 
 for the purpose of carrying into effect or permitting or assist- be^offlcer of 
 ing the sheriff to carry into effect the provisions of this Ordin- 
 ance with respect to such execution be deemed to be officers of 
 
 the court from which such writ was issued and as such may 
 be -proceeded' against by attachment, mandamus or otherwise 
 to compel them to perform the duties hereby imposed on them. 
 0. 0.74, s. 83. 
 
 84. In case there is no secretary treasurer or collector and Assessment, .^ 
 the trustees -refuse or neglect to appoint such officers or m case 
 
422 lEKIGATION DISTRICTS 
 
 such officers are absent from the district or for any reason the 
 sheriff is unable to proceed as herein provided he may (upon 
 application to a judge of the supreme court) be invested with 
 full power and authority to assess, levy, collect and enforce pay- 
 ment 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, in the 
 same maimer as assessors, collectors or secretary treasurers are 
 authorised to do by this Ordinance : 
 Appeal Provided that in case any person desires to appeal from any 
 
 assessment or omission of assessment by the sheriff appeal may 
 be had to a judge of the supreme court. C. O. 74, s. 84. 
 
 SCHEDULE. 
 
 EOEM A. 
 
 Notice is hereby given that under the provisions of The 
 Irrigation District Ordinance the undersigned has been 
 appointed by the commissioner of public works for the purpose 
 of taking a vote on the question of the erection of the 
 Irrigation District and, if such vote is in favour of the erec- 
 tion of such district, to hold an election of three duly qualified 
 persons to compose the board of trustees of the said irrigation 
 district which comprises the following area: 
 
 (Here set out area.) 
 
 The persons entitled to vote are such persons as are of the 
 full age of twenty-one years who are lawfully in possession of 
 or entitled to be in possession of land situate within the district. 
 
 ISTow therefore the electors so qualified to vote are hereby 
 notified to attend at (describing the place of voting) on the 
 day of 1 at the hour of ten o'clock 
 
 in the forenoon at which hour and place I will proceed to take 
 a vote on the said question and if the vote thereon is favourable 
 to the erection of the district I will at one o'clock in the after- 
 noon of the said date receive nominations for persons to serve 
 as, such trustees and if at the hour of two o'clock in the after- 
 noon on said day more than three persons have been nominated 
 I will forthwith proceed to hold a poll and receive the votes 
 of persons qualified to vote which poll will continue open until 
 and close at the hour of five o'clock in the afternoon of said day 
 at which time I will declare the result of the poll. 
 
lEEIGATION DISTRICTS 
 
 423 
 
 Dated this 
 
 day of 
 
 Returning Officer. 
 
 0. O. T4. 
 
 FORM B. 
 
 .Irrigation District. 
 
 We the undersigned severally declare each for himself that 
 he is an owner of land, as defined in The Irrigation District 
 Ordinance, in the above named district ; that he is of the full 
 age of twenty-one years and that he votes upon the land set 
 opposite his name and for or against the erection of the said 
 district as indicated by the cross set opposite his name. 
 
 Name 
 
 Land voted 
 upon 
 
 For the 
 erection of 
 the district 
 
 Against the 
 erection of 
 the district 
 
 Returning Officer. 
 
 C. O. 74. 
 
 FOEM C. 
 
 .Irrigation District. 
 
 1, AB.. Eeturning Ofiicer for the Irrigation 
 
 District, hereby solemnly declare that the record of votes 
 annexed signed by me is a true record of the votes cast upon 
 the . day of 1 for and against 
 
 the erection of the district and (if the vote was in favour of the 
 erection of the district) for the election of three trustees for the 
 district and I make this solemn declaration conscientiously 
 believing it to be true and knowing that it is of the Same 
 force and effect ks if made under oath and by virtue of The 
 Canada Evidence Act 1893. 
 Declared before me at \ Returning Officer. 
 
 this day of 
 
 1 . I 
 
 A Commissioner or J.l' 
 
 C. O. 74. 
 
424 
 
 IKEIGATIOX mSTlUCTS 
 
 FOKM D. 
 Bajllot Paper. 
 
 .Irrigation District. 
 
 Vote on bylaw to raise $ for the construction 
 
 of the works required for irrigation of the district. 
 
 Against the bylaw 
 
 
 Eor the bylaw 
 
 
 C. 0. 74. 
 
 1901, c, 28 
 12 June, 1901 
 
 IRRIGATION DISTRICTS. 
 
 AMENDMENT. 
 
 An Ordinance to further amend Chapter 74 of the 
 Consolidated Ordinances 1898, intituled " An 
 Ordinance respecting Irrigation Districts." 
 
 [Assented to June 12, 1901.] 
 
 THE Lieutenant . Governor hy and with the advice and 
 , consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 INTERPEETATION^. 
 
 1. In this Ordinance unless the context otherwise requires: 
 Commissioner 1. The ex})ression "commissioner" means the commissioner 
 
 of .public works for the Territories; 
 
 5: The expression "district" means any irrigation district 
 created under the provisions of The Irrigation District 
 Ordinance; ' 
 
 3. The expression "board of trustees" means the hoard of 
 trustees of any. district; 
 
 4. The expression "district commissioner" means any 
 district commissioner appointed under the provisions of this 
 Ordinance ; 
 
 Chief engineer ^. The expression "chief engineer" means the chief engineer 
 of the department of public works for the Territories. 1901, 
 c. 28, s. 1. 
 
 District 
 
 Board of 
 
 trustees 
 
 District 
 commissioner 
 
lEEIGATION DISTKICTS 425 
 
 3. The Lieutenant Governor in Council may appoint a Lieutenant 
 district commissioner for any district; and a notice of such may appoint 
 appointment shall be pxiblished in the official gazette. commissioner 
 
 (2) The remtmeration to be paid any district commissioner 
 shall be iixed by the Lieutenant Governor in Coimcil; and 
 such remuneration shall be paid out of the funds of the district. 
 1901, c. 28, s. 2. 
 
 3. A district commissioner appointed under the provisions Powers of 
 of this Ordinance shall have all the powers and authorities conimissioner 
 of the board of trustees for the district for which he is 
 appointed ; and during the term of his appointment no election 
 
 of a board of trustees shall be held. 1901, c. 28, s. 3. 
 
 4. Upon the appointment of a district commissioner the Cessation of 
 board of trustees of the district for which he is appointed shall trustees 
 cease to hold office as such. 
 
 (2) The board of trustees and any and all their officers shall 
 upon demand of the district commissioner hand over to him all 
 moneys, books, plans, tools, implements and property whatso- 
 ever belonging to the district; and any board of trustees or 
 any individual member thereof or any officer of such board 
 refusing or neglecting to so hand over the moneys, books, 
 plans, tools, implements or other property of the district shall 
 be guilty of an offence and liable upon summary conviction 
 thereof to a fine not exceeding $100 or to imprisonment for 
 one month or to both. 1901, c. 28, s. 4. 
 
 5. In any district for which a district commissioner shall chief «°ginee'- 
 have been appointed as provided by this Ordinance the chief 
 engineer shall be the engineer required to be appointed by 
 
 section 26 of The Irrigation District Ordinance. 1901, c. 28, 
 
 6. If it is found by the district commissioner that the Lieutenant 
 
 ■' 111 J 1 Governor may 
 
 amount required to construct and complete the proposed work grant , 
 
 ^ ■ , J J.' 4- jr borrowing 
 
 of the district according to the maps, plans and estimates ot powers 
 the engineer together with any liability incurred by the district 
 prior to the appointment of the district commissioner does not 
 exceed an amount #riual to $4 per acre of the lands shown by 
 such maps and plans and by the assessment roll of the dstrict 
 to be irrigable by means of the proposed works and that the 
 amount required to be raised annually for the purpose of 
 maintaining such works and paying the expenses of the 
 administration of the affairs of the district including interest 
 and sinking fund does not' exceed an amount equal to $1 per 
 
426 JUDICATUKE 
 
 acre of the lands shoAvn to be irrigable as above mentioned the 
 Lieutenant Governor in Council may authorise the raising by 
 loan upon the credit of the district of the amount certified by 
 the district commissioner and engineer to be required to defray 
 the cost of the construction and completion of the proposed 
 works and for the levying of the necessary rates for the pay- 
 ment of such loan and the interest accruing thereon and for 
 the issue of debentures for the same. 1901, c. 28, s. 6. 
 
 Election of 7. Upon the expiration of the term of appointment of any 
 
 new trustee _ ^ ^ ■ . .» , 
 
 board district Commissioner or at an earlier date if he deems it 
 
 expedient to do so the Lieutenant Governor in Council shall 
 make provision for the election of a new board of trustees for 
 the district. 1901, c. 28, s. 7. 
 
 district 
 commissioner 
 
 resignation of 8' In the event of the death or resignation of any district 
 commissioner appointed under the provisions of this Ordinance 
 the vacancy so caused shall be filled by the appointment of a 
 new district commissioner by the Lieutenant Governor in 
 Coimcil. 1901, c. 28, s. 8. 
 
 rlpei^d ®- Sections 70, 71, 72, 73 and 74 of the said chapter 74 of 
 
 The Consolidated Ordinances 1898 are repealed and the fol- 
 lowing substituted therefor: 
 
 ********* 
 
 1901, c. 28, s. 9. 
 
 regulations ^^' ^^^ Commissioner may from time to time make such 
 
 may be made rules and regulations and prescribe such forms not inconsistent 
 with the provisions of The Irrigation District Ordinance as 
 may be necessary to the effective and proper administration of 
 any district for which a district commissioner shall have been 
 appointed as herein provided. 1901, c. 28, s. lO. 
 
 JUDICATURE. 
 
 Principal Ordinance C.O. i8g8, c. 2i amd. 
 
 Amending Ordinance iSgg, t. 5/ igoo, c. 0^1903, Sess. 2, t. 6. 
 
 fsMarch'.'isM An Ordinance respecting the Administration ot Civil 
 
 Justice. 
 
 nPHE Lieutenant Governor by and with the advice and 
 -*- consent of the Legislative Assembly of the Territories 
 : enacts as follows: 
 
JUDICATURE 427 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as "The Judicature OrcZin- Title 
 mce." G. O. 21, s. 1. 
 
 INTBEPKETATION OF TEEMS. 
 
 2. In the construction of this Ordinance and the rules of ^"^^'p™'*""" 
 court, unless there is anything in the subject or context repug- 
 nant thereto, the several expressions hereinafter mentioned or 
 referred to shall have or include the meanings following: 
 
 1. "Cause" includes any action, suit or other original pro- "Cause" 
 ceeding between a plaintiff and a defendant ; 
 
 2; "Action" includes suit and means a civil proceeding "Action" 
 cojnmenced by writ or in such other manner as may be pre- 
 scribed by this Ordinance or by rules of court ; 
 
 3. "Matter" includes every proceeding in the court not in a "Matter" 
 cause; 
 
 4. "Originating summons" means a summons by which pro- "OriginatjDg 
 ceedings are commenced without writ; 
 
 5. "Plaintiff," "petitioner," "defendant," "party," "per- "Parties- 
 son," include bodies politic or corporate holding the relation of 
 plaintiff, defendant or party; 
 
 6. "Receiver" includes consignee or manager appointed by "Receiver" 
 or under an order of the court; 
 
 7. "Plaintiff" includes any person asking any relief (other- -Plaintiff" 
 wise than by way of counterclaim as a defendant) against any 
 
 other person by any form of proceeding, whether the same be 
 taken by action, suit, petition, motion, summons or otherwise ; 
 
 8. "Petitioner" includes every person making any applica- "Petitioner" 
 tion to the court, either by petition, motion or summons, other- 
 wise than .as against any defendant ; 
 
 9. "Defendant" includes every person served with any writ -Defendant" 
 ot summons or process or served with notice of or entitled to 
 
 attend -any proceedings ; 
 
 10. "Party" includes every person served with notice of or "Party- 
 attending any proceeding although not named in the record ; 
 
 11. "Person" includes a body corporate or politic ; -Person" 
 
 12. "Clerk" or "clerk of the court" includes deputy clerk "cierk" 
 and, where the context requires it, process issuer ; 
 
428 
 
 JUDICATURE 
 
 "Sheriff' 
 
 "Pleading" 
 
 "Judgment' 
 "Order" 
 
 "Affidavit" 
 "Oatti" 
 
 "Rule of 
 court" 
 
 "Lunatic" 
 
 "Execution 
 creditor" 
 
 13. "Sheriff" includes deputy sheriff, duly appointed 
 bniliffs, coroner and other person discharging the duties of 
 sherifl in the particular case or for the time being ; 
 
 14. "Pleading" includes any petition or summons (other 
 tJian a writ of summons) and shall also include the statement 
 in writing of the claim or demand of any plaintiff and of the 
 d(^fence of any defendant thereto and of the reply of the 
 plaintiff to any counterclaim of a defendant; 
 
 15. "Judgment" includes decree; 
 
 16. "Order" includes rule; 
 
 17. "Affidavit" or "oath" includes affirmation where author- 
 it^ed by law ; 
 
 IS. "Eule of court" or "rules of court" shall mean the 
 rules contained in this Ordinance or any rules of court passed 
 in pursuance or under the authority thereof; 
 
 19. "Limatic" includes an idiot or other person of unsound 
 mind: 
 
 20. "Execution creditor" includes an assignee of the execu- 
 tion creditor. 0. 0. 21j s. 2. 
 
 JUEISDIOTION. 
 
 Jurisdiction 
 
 Practice and 
 procedure 
 
 3. The jurisdiction of the supreme court of the North- West 
 Territories shall be exercised so far as regards procedure and 
 practice in the manner provided by this Ordinance and the 
 rules of court and where no special provision is contained in 
 this Ordinance or the said rules it shall be exercised as nearly 
 as may be as in the supreme co:irt of Judicature in England 
 as it existed on the first day of January, 1898. 0. 0. 21, 
 
 Entry and 
 trial of suits, 
 in what 
 district 
 
 4. Suits shall be entered and unless otherwise ordered tried 
 in the judicial district where the cause of action arose or in 
 which the defendant or one of several defendants resides or 
 carries on business at the time the action is brought. 
 
 (2) If in any judicial district there is a district of a deputy 
 clerk established by Ordinance, suits in which the cause of 
 action arose or the defendant resides in such deputy clerk s 
 district shall be entered in the office of the deputy clerk and 
 suits in which the cause of action arose or the defendant 
 lesides in the remaining portion of the judicial district shall 
 be entered in the office of the clerk of the court and if in any 
 suit the catise of action arose in the deputy clerk's district and 
 
JUDICATUBIC 429 
 
 the defendant resides in the other portion of the judicial dis- 
 trict or vice versa the snit may be commenced in either the 
 ■clerk's or deputy clerk's office. (J. O. 21, s. 4. 
 
 5. A judge sitting in chambers if he shall announce that he JHflRein 
 is sitting in court shall have, possess, exercise and enjoy all Announce- 
 the powers and authorities, rights, privileges, immunities situng in 
 aud incidents of the said court and any judgment given or 
 decision or determination or rule, order or decree made by him 
 
 while sitting as aforesaid in respect of any matter lawfully 
 brought before him shall be subject to the provisions in this 
 Ordinance relating to appeal to the court en banc. C. 0. 21,' 
 s. J. 
 
 6. In every case in which the court has authority to order court may 
 the execution of a deed of conveyance, transfer or assignment orders 
 
 of any property, real or personal, the court may by order vest 
 such real or personal estate in such person or persons and in 
 such manner, and for such estates as would be done by any 
 such deed, conveyance, assignment or transfer if executed ; and 
 thereupon the order shall have the same effect as if the legal or 
 other estate or interest in the property had been actually con- 
 veyed by deed or otherwise for the same estate or interest to 
 the person in whom the same is so ordered to be 'vested, or in 
 the case of a chose in action as if such chose in action had been 
 actually assigned to such last mentioned person. C. 0. 21, 
 s. 6. 
 
 7. The supreme court presided over by a single judge for sittings of 
 the transaction of the business of the court may sit and act at 
 
 any time and place in each judicial district as any judge 
 usually exercising the jurisdiction of the court within such 
 district appoints. C. O. 21, s. 7. 
 
 7a. The Lieutenant Governor in Council may ly orcZer judicial 
 divide or otherwise alter the boundaries of any judicial district 
 now or hereafter established and may establish netu districts 
 and may by any such order or any other order maTce such 
 provisions as he may deem necessary to protect the interests 
 effected thereby. 1903, Sess. 2, c. 6, s. 2. 
 
 RULES OF LAW. 
 
 8. In every civil cause or matter commenced in the.stipreme 
 court law and equity shall be administered by such court 
 according to the following rules : 
 
430 
 
 JUDICATURE 
 
 Equitable 
 estate, right 
 or relief 
 claimed by 
 plaintiff 
 
 Equitable 
 estate, rizht 
 or relief 
 claimed by 
 defendant 
 
 Counterclaim 
 and third 
 parties 
 
 Equitable 
 riKhts 
 appearing 
 incidentally 
 
 1. If any plaintiff or petitioner claims to be entitled to any 
 equitable estate or right, or to relief npon any equitable ground 
 against any deed, instrument or contract, or against any right, 
 title or claim whatsoever asserted by any defendant or respon- 
 dent in such cause or matter or to any relief founded upon a 
 legal right, the court shall give to such plaintiff or petitioner 
 such relief as would be given by the High Court of Justice in 
 England in a suit or proceeding for the same or a like purpose ; 
 
 2. If any defendant claims to be entitled to any equitable 
 estate or right or to relief upon any equitable ground against 
 any deed, instrument or contract or against any right, title or 
 claim asserted by any plaintiff or petitioner in such cause or 
 iLiatter, the said supreme court and every judge thereof shall 
 give to every equitable estate, right or ground of relief so 
 claimed and to every equitable defence so alleged, such and 
 the same effect by way of defence against the claim of such 
 plaintiff or petitioner as the High Court of Justice in England 
 V. onld give if the same or like matters had been relied on by 
 way of defence in any suit or proceeding instituted in that 
 court for the same or like purpose ; 
 
 3. The said supreme court and every judge thereof shall 
 also have power to grant to any defendant in respect to any 
 equitable estate or right or other matter of equity and also in 
 respect of any legal estate, right or title claimed or asserted 
 by him, all such -relief against any plaintiff or petitioner as 
 i-uch defendant shall have properly claimed by his pleading; 
 and also all such relief relating to or connected with the 
 original subject of the cause or matter, and in like manner 
 claimed against any other person, whether already a party 
 to the same cause or matter or not, who shall have been dilly 
 served with notice in writing of such claim pursuant to this 
 Ordinance, or any order of the Court as might properly have 
 been gTanted against such person if he had been made a 
 defendant to a cause duly instituted by the same defendant 
 for the like purpose and every person served with any such 
 notice shall thenceforth be deemed a party to such cause or 
 matter with the same rights in respect of his defence against 
 such claim as if he had been duly sued in the ordinary way 
 by such defendant; 
 
 4. The said court and every judge thereof shall recognise 
 and take notice of all equitable estates, titles and rights and 
 all equitable duties and liabilities appearing incidentally in 
 the course of any cause or matter, in the same manner in 
 which the High Court of Justice in England would have re- 
 cognised and taken notice of the same in any suit or pro- 
 ceeding duly instituted therein; 
 
JUDICATUBE 
 
 431 
 
 5, The supreme court in the exercise of its jurisdiction Final 
 in every cause or matter pending before it shall have power of maTteTs'in" 
 to grant, and shall grant either absolutely or on such reason- <"'°'™'*'«"'' 
 able terms, and conditions as to it shall seem just all such 
 remedies whatsoever as any of the parties thereto may appear 
 to be entitled to in respect of any and every legal or equit- 
 able claim properly brought forward by them respectively 
 in such cause or matter ; so that as far as possible all matters 
 so in controversy between the said parties respectively may 
 be completely and finally determined and. all multiplicity of Multiplicity 
 legal proceedings concerning any such matters avoided. CtobeavowlT 
 O. 21, s. 8. 
 
 9.^ In the case of lunatics and their property and estates. Lunatic* 
 the jiirisdiction of the court shall, subject to the rules of 
 court, include that which in England is conferred upon tli'3 j^^j^^i^y^ji, 
 Lord High Chancellor by a Commission from the Crown "' "°"''' 
 under the Sign Manual. C. O. 21, s. 9. 
 
 10. The law to be administered in the Territories as to 
 the matters next hereinafter mentioned shall be as follows : 
 
 1. !N"o claim of a cestui que trust against his trustee for Express trusts 
 any property held on an express trust or in respect of any 
 
 breach of such trust shall be held to be barred by any Statute 
 of Limitations.. 
 
 » 
 
 2. An estate for life without any impeachment of waste Equitable 
 shall not confer or be deemed to have conferred upon the ten- 
 ant for life any legal right to commit waste of the descrip- 
 tion Icnown as equitable waste unless an intention to confer 
 
 such right shall expressly appear by the instrument creating 
 such estate. 
 
 3. There shall not be any merger by operation of law only Merger 
 of any estate the beneficial interest in wiiich would not be 
 deemed to be merged or extinguished in equity. 
 
 i. A mortagagor entitled for the time being to the posses- ^°}i'if(f ^°'" 
 sion or receipt of the rents and profits of any land as to which ^^s^^^°Jj 
 no notice of his intention to take possession or to enter into 
 the receipt of the rents and profits thereof shall have been given 
 by the mortgagee may sue for such possession, or sue or dis- 
 train for the recovery of *&uch rents or profits or to prevent 
 or recover damages in respect of any trespass or other wrong 
 relative thereto in his own name only unless the cause of ac- 
 tion arises upon a lease or other contract made by him joint- 
 ly with any other person and in that case he may sue or dis- 
 train jointly with such other person. 
 
 '5. In case of an assignment of a debt or other chose in STfu ' 
 action, if the debtor, trustee or other person liable in respect of ""'"'"• 
 such debt or chose in action shall have had notice that such 
 
432 
 
 JUDIOATUKE 
 
 Conflicting 
 claimy 
 
 Interpleader 
 
 Stipulations 
 in contracts as 
 to time, etc. 
 
 Part 
 
 performance 
 wiien 
 satisfaction 
 
 Interlocutory 
 mandamus 
 
 Injunction 
 
 Receiver 
 
 Damages in 
 addition to 
 or instead of 
 injunction or 
 specific 
 performance 
 
 Orders of court 
 as against 
 purcliasers 
 
 assignment is disputed by the assignor or any one claiming 
 under him, or of any other opposing or conflicting claims to- 
 such debt or choss in action, he shall be entitled if he think 
 fit to call upon the several persons making claim , thereto to 
 interplead concerning the same. 
 
 6. Stipulations in contracts as to time or otherwise which 
 would not heretofore have been deemed to be or to have 
 become of the essence of such contract in a court of equity 
 shall receive in the Territories the same construction and 
 effect as they would in equity. 
 
 7. Part performance of an obligation either before or after 
 a breach thereof v?hen expressly accepted by the creditor in 
 satisfaction or rendered in pursuance of an agreement for 
 that purpose though without any new consideration shall be 
 held to extinguish the obligation. 
 
 8. A mandamus or an injunction may be granted or a re- 
 ceiver appointed by an interlocutory order of the court or 
 judge in all cases in which it shall appear to the court or 
 judge to be just or convenient that such order should be made 
 and any such order may be made either unconditionally or 
 upon such terms and conditions as the court or judge shall 
 think just; and if an injunction is asked, either before or at 
 or after the hearing of any cause or matter, to prevent 
 any threatened or apprehended waste or trespass such injunc- 
 tion may be granted, if the court or judge shall think fit 
 whether the person against whom such injunction is sought 
 is or is not in possession under any claim of title or otherwise 
 or (if out of possession) does or does not claim a right to do 
 the act sought to be restrained under any colour of title and 
 whether the estates claimed by both or by either of the parties 
 are legal or equitable. 
 
 9. In all cases in Avhich the court has jurisdiction to enter- 
 tain an application for an injunction against a breach of any 
 covenant, contract or agreement or against the commission or 
 continuance of any wrongful act or for the specific perform- 
 ance of any covenant, contract or agreement, the court if it 
 thinks fit may award damages to the party injured either in 
 addition to or in substitution for auch injunction or specific 
 performance and such damages may be ascertained in such a 
 manner as the court may direct or the court may grant such 
 other relief as it may deem just. 
 
 10. An order of the court under any statutory or other 
 jurisdiction shall not as against a purchaser whether with or 
 without notice be invalidated on the ground of want of juris- 
 diction or of want of any concurrence, consent, notice or ser- 
 vice. 
 
JUDICATUKE 433 
 
 11. Generally in all matters in which there is any conflict i*"'?" "* 
 
 •' eqmtyto 
 
 or variance between the rules of equity and common law prevail 
 with reference to the same matter the rules o'f equity shall 
 prevail. 
 
 12. .Subject to the provisions of any Act of the Parliament Evidence 
 of Canada and of any Ordinance the laws of evidence which 
 govern in the administration of civil justice in England 
 
 shall obtain in the courts, and it is herehy declared that ike 
 •provisions of The Canada Evidence Act 1893 as now or here- 
 after from time to time amended apply to all proceedings or 
 matters over which the Legislative Assembly of the Territories 
 now has or hereafter shall have jurisdiction. 
 
 13. Minors may sue for wages in the same way as if of Minors 
 full age. C. O. 21, s. 10 and 1901, c. 10, s. 1. 
 
 clerk's duties. 
 
 11. The duties of the clerk shall be: clerk's duties 
 
 1. To attend at his office and keep the same open between Hours of 
 the hours of ten in the forenoon and four in the afternoon 
 
 on all days except Sundays and holidays and except on Satur- 
 days and during vacation when the same shall be closed at 
 one o'clock in the forenoon; 
 
 2. On application of any person by himself or his agent: official duties 
 
 (a) To receive all complaints and other papers re- 
 quired to be filed in court ; 
 
 (&) To issue all writs of summons, warrants, pre- 
 cepts, writs of execution and other documents 
 rendered necessary or requisite for the effectual 
 disposition of such matters ; 
 
 (c) Tax costs, enter judgments and record all judg- 
 ments and orders pronounced, given and made; 
 
 3. To keep an account of all fines, fees and moneys pay- Accounts and 
 able or paid into court entering all such amounts in pru])cr 
 approved books in which shall be- entered regularly under 
 separate headings all the proceedings taken in any suit, all 
 moneys received and paid out and the persons to whom and 
 
 b}- whom the same have been paid which books shall be 
 accessible at all times to suitors and the public ; 
 
 4. To attend all sittings of the judge in chambers unless s^ttog^^n^ 
 his attendance is dispensed with by the judge ; and 
 
 5. To do and perform all such other acts and duties as may Duties 
 be necessary for the due administration of civil justice in the ^''"*''*"'' 
 Territories. 0. O. 21, s. 11. 
 
434 
 
 JUDICATUEE 
 
 Absence 
 of clerk 
 
 13. In the absence of the clerk the judge may appoint a 
 suitable person to perform the duties prescribed in the pre- 
 ceding section. 0. O. 21. s. 12. 
 
 On vacancy 13, ^|j books, papers, documents and moneys in the 
 rflrabstuute' possession of the clerk by virtue of or appertaining to his oflSde 
 shall upon his resignation, removal or death immediately 
 become the property of such person as the judge usually exer- 
 cising jurisdiction in the district shall appoint as clerk 
 [•ending the appointment of a new clerk of the court. C. 0. 21, 
 s. 13. 
 
 PUBLIC ADMraiSTEATOES. 
 
 Disposition 
 of boo^B, 
 documents 
 and moneys 
 
 Public 
 
 administrator 
 and official 
 guardian 
 
 14. In each judicial district or for such other portion of the 
 Territories as may be deemed desirable the Lieutenant Gov- 
 ernor may appoint a fit and proper person being an advocate 
 of not less than five years' standing to be a public adminis- 
 trator and official guardian under the name of public admin- 
 istrator. C. 0. 21, s. 14. 
 
 Duty as to 
 neglected 
 property of 
 deceased 
 
 15. When any person dies whether testate or intestate and 
 his lands, personal estate and effects have not been taken 
 possession of by his executors or next of kin the public ad- 
 ministrator in the judicial district where the property or any 
 of the property is situated is hereby empowered and it shall 
 be his duty when the facts are brought to his notice to forth- 
 with take possession of the said lands, personal estate and 
 effects and the same to safely keep, preserve and protect and 
 pending the grant of probate to an executor or the issue of 
 letters of administration as the case may be the public 
 administrator shall have all the powers of an executor or 
 administrator. C. 0. 21, s. 15. 
 
 letters'of ^^' ^^ ^^^ absence of any application for probate of a will 
 
 to p'ubiic*'^'"" o^ ^°^ letters of administration within one month after the 
 administrator 'decease of any person leaving property, letters of administra- 
 tion to the lands, personal estate and effects of the deceased 
 may be granted to the public administrator: 
 Revocation of Provided nevertheless that such letters of administration 
 may at any time after the grant thereof be revoked in the 
 discretion of the judge upon the application of any executor 
 ajiplying for probate of will or next of kin of the deceased 
 applying for letters of administration. 0. O. 21, s. 16. 
 
 pubYfc"'^'"' I'''- Each public administrator shall furnish security to 
 
 administrator ^jjg satisfaction of the Lieutenant Governor in Council in the 
 
 penal sum of $2,000 conditioned for the due performance of 
 
 hi£ duties; but shall not otherwise be required to furnish 
 
JUDICATUEE 435 
 
 security as administrator unless the judge specially so directs 
 and such security may be furnished by bond or agreement of 
 any g-uarantee company approved by the Lieutenant Gover- 
 nor in Council. 
 
 (2) Any person interested may hy leare of the attorney Proceedings 
 
 ,...;. , . . -, . ^ ' , ^ on public 
 
 general, institute proceedings m his own name on the security f-*"''",'": 
 to he furnished by puilic administrators as required hereby, 
 without any assignment thereof, and in case a public adminis- 
 trator is directed by a judge to furnish security { oiherv^se, 
 any person interested may hy leave of the court or judge 
 institute proceedings thereon without any assignment thereof. 
 0. 0. 21, s. 17 and 1899, c. 5, s. 1. 
 
 Via- Whenever a person dies, upon the filing of an affi- ^hereestote 
 daA)it with the clerh or deputy cleric of the judicial disirict^^^^'^^'^^ 
 within which he had his last known place of abode, that as 
 far as can he ascertained he has not left a will or testamentary 
 disposition and that his estate does not exceed in value the 
 sum of two hundred dollars, the public administrator shall at 
 the expiration of sixty days after the decease of such person 
 or within that time if a judge so orders {unless some other 
 person has applied for the grant to him of letters of adminis- 
 tration or letters testamentary and such grant has been made) 
 be the administrator of such estate to all intents and pur- 
 poses as if letters of administration or letters testamentary 
 had formally issued to him and the formal grant of probate 
 or administration to him shall not be necessary. 1899, c. 5. 
 s. 2. 
 
 (2) In any case in which the public administrator shall 
 be the administrator of an estate under this section he shall 
 without any .order for that purpose, advertise for claims once 
 in a newspaper published weehly or semi-weekly at or near 
 the last place of residence of the deceased and after the expira- 
 tion of two months from the said advertisement he shall pro- 
 ceed to distribute the estate having regard only to the claims 
 of which he shall have had notice. 
 
 (3) The remuneration of a public administrator acting 
 hereunder shall be fixed hy the judge at a lump sum and shall, 
 subject to incumberances on the estate, be a first charge there- 
 on. 
 
 (4) After such administration the public administrator 
 shall file in the clerk's office an account thereof verified on 
 oath. 1899, c. 5, s. 2. 
 
 18, After the ex-piry of one month from the death of any ^^l^ta to 
 person leaving property any person interested in the estate fJttf^s of 
 may by written notice require the public administrator (if ^^ISon'' 
 
436 
 
 JUDICATUEE 
 
 he has not already done so) to apply for letters of adminis- 
 tration and it shall then be the duty of the said public admin- 
 istrator to make such application provided the person making 
 such requisition shall make such deposit with the public 
 administrator as a judge may deem sufficient to cover his costs, 
 charges and expenses if the public administrator so desire. 
 C. 0. 21, s.' 18. 
 
 Yearly atete- 
 ments of 
 ■emoluments 
 
 19. During the month of January in each year the public 
 administrator shall furnish to the Lieutenant Governor in 
 Council a statement in detail verified by oath of the emolu- 
 inents of his office for the preceding year ending the thirty- 
 first day of December. C. 0. 21, s. 19. 
 
 PEAOTICB AND PEOOBDUEE. 
 
 ■proc'edm-e"'^ 30. The practice and procedure in the supreme court of 
 the Territories shall be regulated by this Ordinance and the 
 rules of court ; but the judges of the supreme court or a 
 majority of them shall have power to frame and promulgate 
 such additional rules of court not inconsistent with this 
 Ordinance as they may from time to time deem necessary or 
 expedient. 0. 0. 21, s. 20. 
 
 Rules o( court 31. Subject to the provisions of this Ordinance and the 
 rules of court the practice and procedure existing in the 
 supreme court of judicature in England on the first day of 
 January, 1898, shall as nearly as possible be followed in all 
 causes, matters and proceedings. 0. 0. 21, s. 21. 
 
 -SfiJwnul/"^^^ ^^' '^^® rules of court already made and proinulgated by 
 the judges of the supreme court are hereby continued in force 
 until repealed, altered or amended by them. CO. 21, s. 22. 
 
JUDICATURE 43'; 
 
 RULES OF COURT. 
 
 IThe division of these rules into orders and headings is not to 
 affect the interpretation thereof. ] 
 
 Part i. 
 
 General Practice and Procedure. 
 
 OEDEE I. 
 
 FOEM AND COMMENCEMENT OE ACTION. 
 
 1. Every action except as otherwise provided shall be com-Conmience- 
 menced by writ of summons in form A in the schedule hereto action 
 which writ shall be issued by the clerk upon receiving from 
 
 the plaintifiP or his advocate a praecipe therefor in which shall Precipe 
 be set forth : 
 
 (a) The names of the parties to the action; and 
 
 (i) Their places of residence temporary or otherwise; 
 and 
 
 (c) The residence of the plaintiff's advocate if such writ 
 be issued by an advocate. C. O. 31, R. 1. 
 
 2. At the time of the issue of the writ the plaintiff or his statement of 
 
 f. 1 1 • ..ccj claim 
 
 advocate shall leave with the clerk two copies oi the plamtin s 
 statement of claim and of the relief or remedy to which he 
 claims to be entitled; one of such copies shall be attached to 
 such writ by the clerk and the other shall be filed by him in 
 his office and a copy of such statement of claim shall be 
 attached to each copy of such writ required for service. C. 0. 
 21, E. 2. 
 
 OEDEE II. 
 
 WRIT OF SUMMONS. 
 
 I. — Generally. 
 
 3. Every writ of summons and also (unless otherwise pro-wrUstobe 
 vided) every other writ shall bear the date of the day on which 
 the same is issued. 
 
438 
 
 JUDIOATUEE 
 
 Time for . (2) When the defendant resides in the judicial district 
 whence the writ of summons issued the writ shall be returnable 
 after the expiration of twenty days from the service upon the 
 defendant. 
 
 (3) When the defendant resides in a judicial district other 
 than that in which the writ issued the writ shall be returnable 
 after the expiration of twenty-five days from the service 
 thereof : 
 
 Maybe Provided that the judge may by order shorten the time for 
 
 the return of such writ C. 0.. 21, R. 3. 
 
 II. — Concurrent Writ. 
 
 Defendants 
 residing in 
 different 
 judicial 
 districts 
 
 Proviso 
 
 4. When in any action there are two or more defendants, 
 one or more residing in the judicial district whence the writ 
 issues and the other or others residing in another judicial 
 district, a concurrent writ may issue for service on the defend- 
 ant or defendants residing in such other judicial district and 
 such concurrent writ shall be returnable after the expiration 
 of twenty-five days from the service thereof: 
 
 Provided that the judge may by order shorten the time for 
 the return of such writ or may order that service of the 
 original writ upon all the defendants shall in such case be 
 sufiicient. C. O. 21, R. 4. 
 
 Writ 
 
 concurrent 
 to original 
 
 Concurrent 
 writ for 
 service ex 
 Juris 
 
 5. The plaintiff in any action may at the time of or at any 
 time within twelve months after the issuing of the original writ 
 of summons issue one or more concurrent writ or writs each 
 concurrent writ to show date of the original writ and be marked 
 with the word "concurrent" in the margin and the date of 
 issuing the concurrent writ : 
 
 Provided always that such concurrent writ or writs shall 
 only be in force for the period during which the original writ 
 in such action shall be in force. 
 
 (2) When after writ is issued it is made to appear that the 
 defendant or one of several defendants is without the Terri- 
 tories on application as is hereinafter provided for service out 
 of the jurisdiction the judge may order a concurrent ^vrit to 
 issue. C. 0. 21, R. 5. 
 
 III. — Renewal. 
 
 Duration of 
 writ 
 
 0. No original writ of summons shall be in force for more 
 than twelve months from the date thereof including the day of 
 siich date ; but if any defendant therein named shall not have 
 
JUDICATURE 439 
 
 been served therewith the plaintiff may before the expiration f^? reSewai 
 of the twelve months apply to the judge for leave to renew the 
 writ and the judge if satisfied that reasonable efforts have been 
 made to serve such defendant or for other good reason may 
 order that the original or concurrent writ of summons (or 
 both) be renewed for six months from the date of such renewal 
 inclusive and so from time to time during the currency of the 
 renewed writ; and the writ shall in such case be renewed 
 by being marked with the day, month and year of such renewal 
 and shall be so marked by the clerk upon the plaintiff or his 
 advocate filing the judge's order and presenting to him the 
 said writ ; and a writ of summons so renewed shall remain in 
 force and be available to prevent the operation of any statute 
 whereby the time for the commencement of the action may be 
 limited and for all other purposes from the date of the issuing 
 of the original wTit of summons. [E. 45. J C. O. 21, R. 6. 
 
 7. The production of a writ of summons purporting to have Evidence of 
 
 been renewed in manner aforesaid shall be sufficient evidence commence- 
 ment of 
 of the writ having been so renewed and of the commencement action 
 
 of the action as of the first date of such renewed writ for all 
 
 purposes. [E. 46.J C. O. 21, R. 7. 
 
 lY.— Lost Writ. 
 
 8. Where a writ of which the production is necessary has ^opy^may 
 been lost the judge upon being satisfied of the loss and of the 
 correctness of a copy thereof may order that such copy shall be 
 sealed and used in lieu of the original writ. [E. 47.] 0. 0. 
 
 21, E. 8. 
 
 v.- — Indorsement by Advocate. 
 
 9. The advocate of a plaintiff suing by an advocate shall indorsement 
 indorse on the writ the address of the plaintiff and also his advocate 
 own name or firm and place of business and also, if his place 
 
 of business shall be more than three miles from the clerk's 
 office whence the writ issues, another proper place within such 
 three miles to be called his "address for service," where state- 
 ments of defence, notices, summonses, orders and other docu- 
 ments, proceedings and written communications in the suit 
 may be left for him; and when a plaintiff sues in person he PJ^mUff suing 
 shall indorse on the writ his occupation and place of residence 
 and if his residence be more than three miles from the clerk's 
 office as aforesaid another proper pkce within such three miles 
 to be called his "address for service," where statements of ^^^-c^f '°'' 
 defence, notices, summonses, orders and other documents. 
 
440 
 
 JUDICATUBE 
 
 Omission 
 to supply 
 
 proceedings and written communications in the suit may be 
 left for him. In case of the omission to supply an address for 
 service as aforesaid all papers requiring service may be posted 
 in the clerk's office and in such case be deemed good service. 
 [E. 19.J C. 0. 21, E. 9. 
 
 Disclosure 
 by advocate 
 whose name 
 is indorsed 
 
 10. Every advocate whose name is signed to or indorsed on 
 any writ of summons shall on demand in writing made by or 
 on behalf of any defendant who has been served therewith or 
 has appeared thereto declare forthwith whether such writ has 
 been issued by him or with his authority or privity and on 
 declaration by such advocate that the writ was not issued by 
 him or with his authority or privity all proceedings upon the 
 same shall be stayed and no further proceedings shall be taken 
 thereupon without leave of the judge. G. 0. 21, R. 10. 
 
 VI. — Change of Advocate. 
 
 Notice of 
 change of 
 advocate 
 
 11. A party suing or defending by an advocate may change 
 his advocate in any cause or matter without an order for that 
 purpose upon notice of such change being filed in the clerk's 
 office in which the cause or matter is proceeding; but until 
 such notice is filed and a copy thereof served the former advo- 
 cate shall be considered the advocate of the party until the 
 final conclusion of the cause or matter. [E. 44.] C O. 21, 
 E. 11. 
 
 Employment 
 of advocate 
 after 
 
 proceeding 
 in person 
 
 12. Where a party after having sued or appeared in person 
 has given notice in writing to the opposite party or his advo- 
 cate through an advocate that such advocate is authorised to 
 act in the cause or matter on his behalf all writs, notices, 
 pleadings, summonses, orders, warrants and other documents, 
 proceedings and written communications which ought to be 
 delivered to or served upon the party on whose behalf the 
 notice is given shall thereafter be delivered to or served upon 
 such advocate. C. O. 21, E. 12. 
 
 OEDEE III. 
 
 SEEVICE OP WEIT OE SUMMOIvts. 
 
 Service 
 by whom 
 
 l.—Oenerally. 
 
 13. Service of a writ of summons may be made by the 
 sheriff, his deputy or bailiff or by any literate person other 
 
JUDIOATUEE 4.4.1 
 
 than a plaintiff but except by order of a judge no fees for Fese 
 service shall in such latter case be allowed. C. O. 21, E. 13. 
 
 14. Service of writ of summons shall be effected hj copy as Manner of 
 
 J. TT service 
 
 lollows : 
 
 1. By personal service anywhere in the Territories; Personal 
 
 2. In case any defendant is out of the Territories but has On 
 
 . , , , . . -, . representative 
 
 an agent, managing clerk or other representative resident and of absent 
 
 ,.,. .,., . ,, ./. defendant 
 
 carrying on his business withm the same service of the writ of 
 summons may be made on such agent, managing clerk or other 
 representative ; 
 
 S. Every writ of summons issued against a corporation and corporation 
 all other proceedings in an action against a corporation may 
 be served on the president or other head officer or on the 
 cashier, manager, treasurer, secretary, clerk, agent or other 
 representative by whatsoever name or title he be known of 
 such corporation or of any branch ot agency thereof in the 
 Territories ; and every person who within the said Territories 
 transacts or carries on any business of or for any corporation 
 whose chief place of business is without the said Territories 
 shall for the purpose of being served with a writ of summons 
 or any other proceedings as aforesaid in an action against or 
 at the suit of such corporation be deemed the agent thereof ; 
 
 J^. Where persons are sued as partners in the natae of their Partnerships 
 firm the writ shall be served either upon any one or more of 
 the partners or at the principal place within the Territories of 
 the business of the partnership upon any person having at the 
 time of service the control or management of the partnership 
 business there and such service shall be deemed good service 
 upon the firm; [E. 648c.] 
 
 5. Where one person carrvine; on business in the name of a Defendant 
 
 ", Till carrying on 
 
 firm apparently consisting' of more than one person shall be business under 
 
 J^^ -^ ° , . . , aflrmname 
 
 sued in the firm name the writ may be served at the principal 
 place within the Territories of the business so carried on upon 
 any person having at the tinie of service the control or man- 
 agement of the business there and such service if sufficient in 
 other respects shall be deemed. good service on the person so 
 sued whether any of the members thereof are out of the juris- 
 diction or not and no leave to issue a writ against them shall 
 be necessary; [E. 648b. J 
 
 6. Service of a writ of summons in an action to recover Recovery of 
 
 . . land 
 
 possession of land may in case of vacant possession when it 
 cannot be otherwise effected, by leave of the judge be made by 
 
442 JUDIOATUBE 
 
 Vacant posting a copv of the writ and statement of claim upon the 
 
 possession r n rj ^ jr 
 
 door of the dwelling house or other conspicuous part of the 
 premises; [E. 56.J 
 
 tmd'^fe ^* When husband and wife are both defendants to the action 
 
 they shall both be served unless the judge shall otherwise 
 order ; 
 
 Infant 8. When an infant is a defendant to the action service on 
 
 defendant 
 
 his father or guardian or if none then upon the person with 
 whom the infant resides or under whose care he is shall unless 
 the judge otherwise orders be deemed good service on the 
 infant : 
 
 Provided that the judge may order that service made or to be 
 made on the infant shall be deemed good service; 
 
 Lunatic Q. When a lunatic or person of unsound mind is a defendant 
 
 to the action service may be made as the judge may order. C. 
 0. 21, E. 14. 
 
 II. — Substitutional Service. 
 
 fei-vioe""'"'*' ^^- -'-^ ^^7 ^^^® i^ ^* ^ made to appear to a judge that the 
 plaintiff is from any cause unable to effect prompt personal 
 service the judge may make such order for substituted or 
 other service by advertisement or otherwise as may be just. 
 C. O. 21, E. 15. 
 
 8erved'^nT''d ^^' ^^ ^^^ ^^^^ ^^ ^* ^® made to appear to a judge that the 
 
 of copy original writ has been served upon the defendant instead of a 
 
 copy he may order that such service be good service and may 
 
 in such order dispense with the production of such original. 
 
 C. O. 21, E. 16. 
 
 III. — Indorsement of Service Unnecessary. 
 
 of rervice*"' ^^' ^^ shall not be necessary for the person serving a writ of 
 
 unnecessary gummous to indorse on the writ the day of the week and month 
 
 of such service but the writ and statement of claim shall each 
 
 be marked as an exhibit to the affidavit of service by the person 
 
 administering the oath. 0. O. 21, E. 17. 
 
 OEDEE IV. 
 
 SERVICE OUT OF THE JUEISDICTION'. 
 
 SeTv\a,o\itot !§_ Service of a writ of summons on a defendant out of the 
 
 juneatction , 
 
 when allowed 'jigjj.j^Qries may be allowed by a ]udge whenever: 
 
JUDICATUKE 443 
 
 1. The whole subject matter of the action is land situate 
 within the judicial district in which the action is to be brought 
 (with or without rents or profits) ; or 
 
 2. Any act, deed, will, contract, obligation or liability 
 effecting land or hereditaments situate within the judicial 
 district the action is to be commenced in is sought to be con- 
 strued, rectified, set aside or enforced in the action; or 
 
 S. Any relief is sought against any person domiciled or 
 ordinarily resident within the jurisdiction; or 
 
 J/.. The action is for the administration of the estate of any 
 deceased person who at the time of his death was domiciled 
 within the judicial district or for the execution (as to property 
 the whole or some part of which is within such district) of the 
 trusts of any written instrument of which the person to be 
 served is a trustee which ought to be executed according to the 
 laws of the Territories ; or 
 
 5. The action is for the recovery of any debt contracted 
 within the jurisdiction or is founded on any breach or alleged 
 breach within the jurisdiction of any contract wherever made 
 which acording to the terms thereof ought to be performed 
 within such jurisdiction or is founded on a tort committed 
 within the jurisdiction; or 
 
 6. An injunction is sought as to anything to be done 
 within the jurisdiction or any nuisance within the jurisdiction 
 is sought to be prevented or removed whether damages are or 
 are not also sought in respect thereof ; or 
 
 7. Any person out of the jurisdiction is a necessary or 
 proper party to an action properly brought against some other 
 person duly served within the jurisdiction; or 
 
 8. The action is upon a foreign judgment and it is proved 
 to the satisfaction of a judge that the defendant has assets 
 v;ithin the North- West Territories; or 
 
 9. The action is for any other matter and it appears to the 
 satisfaction of the judge that the plaintiff has good cause of 
 action against the defendant upon a contract or judgment and 
 that the defendant has assets in the Territories of the value of 
 $200 at least which may he rendered liable for the satisfaction 
 of the judgment in case the plaintiff should recover judgment 
 in the action; hut in such case if the defendant does not appear 
 the court or a judge shall give directions from time to time as 
 to the manner and conditions of proceeding in the action and 
 shall require the plaintiff hefore obtaining judgment to prove 
 his claim hefore a judge or jury or in such manner as may seem 
 proper. 0. O. 21, K. 18 amend, by c. 10 of 1901, s. 2. 
 
Ui 
 
 JUDICATURE 
 
 Application 
 (or leave 
 
 19. Every application for leave to serve such writ of sum- 
 mons on a defendant out of the jurisdiction shall be before 
 writ issued except as hereinbefore provided for and supported 
 by affidavit stating that in the belief of the deponent the plain- 
 tiff has a good cause of action and showing in what place or 
 country the defendant is or probably may be found and the 
 grounds on which the application is made; but no such leave 
 shall be granted unless it shall be made sufficiently to appear 
 to the judge" that the case is a proper one for service out of the 
 Territories aforesaid. C. O. 21, E. 19. 
 
 Time for 
 appearance 
 
 20. Any order giving leave to effect such service shall limit 
 a time after such service within which such defendant is to 
 enter an appearance such time to depend on the place or coun- 
 try where or within which the writ is to be served. [E. 68.] 
 C. 0. 21, R. 20. 
 
 Substitutional 
 service 
 
 21. In any such case if it be made to appear to a judge that 
 service as ordered out of the jurisdiction cannot be made and 
 that reasonable efforts (showing them) have been made to 
 effect such service the judge may make an order for substitu- 
 tional service by advertisement or otherwise as may seem 
 proper. 0. 0. 21, E. 21. 
 
 Substitutional 
 service "where 
 rlefendant'a 
 wliceabouts 
 unknown 
 
 22. In any case if it be made to appear to the judge that the 
 whereabouts of the defendant is unknown after all reasonable 
 
 efforts have been exhausted to ascertain them the judge may 
 in any action affecting land in the Territories or in any other 
 case in which he deems it proper dispense with any order for 
 service out of the jurisdiction and make such order for service 
 of the writ by advertisement or otherwise as he may deem 
 proper subject to such terms and conditions as may be neces- 
 sary to protect the defendant from injustice ; but judgmenjt 
 shall not be entered on default of appearance in any such case 
 Proof of claim Until the judge is satisfied' by such proof as he may require of 
 the justice of the claim. C. 0. 21, E. 22. 
 
 Judgment 
 by default 
 
 OEDEE V. 
 
 SERVICE OF OTHER PROCEEDINGS. 
 
 Service of 23. Where personal service of any notice, pleading, order, 
 
 pleadings, etc. summons. Warrant or other document, proceeding or written 
 
 communication is required the service shall be effected as 
 
 nearly as may be in the manner prescribed for the personal 
 
 service of a writ of summons. 0. 0. 21, E. 23. 
 
JUDICxVTUKE 445. 
 
 24. Where personal service of any notice, pleading, sum- Substitionai 
 
 ■' ' ^ ° service of 
 
 mons, order, warrant or other document, proceeding or written notices, etc. 
 communication is required and it is made to appear to the 
 court or a judge that prompt personal service cannot be effected 
 the court or the judge may make such order for substituted or 
 other service or for the substitution for service of notice by 
 letter, public advertisement or otherwise as may be just. C. 0. 
 21, E. 24. 
 
 25. Admissions and acceptances of service of papers and Admissions 
 documents purporting to be signed by or on behalf of an advo- on adrocates. 
 cate need not be verified by affidavit but shall be accepted as 
 
 prima facie proof. C. O. 21, E. 25. 
 
 ORDER YI. 
 
 PARTIES. 
 
 I. — Generally. 
 
 26. All persons in whom the risjht to any relief claimed is Piaintiifs 
 
 11 1 ■ 1 • • 1 1 ■ • rv • • 1 claiming 
 
 alleged to exist may be joined as plamtiiis whether jointly, Jointly 
 severally or in the alternative : and judgment may be given *" the 
 
 1 I- T ^ ■ -fr 1 / 1 1 alternative 
 
 tor such one or more of the plamtiiis as may be found to be 
 entitled to relief for such relief as he or they may be entitled 
 to without any amendment but the defendant though imsuc- 
 cessful shall be entitled to his costs occasioned by so joining 
 any person who shall not be found entitled to relief unless the 
 judge in disposing of the costs shall otherwise direct. [E. 
 123.] C. O. 21, E. 26. 
 
 27. Where an action has been commenced in the name of Wrong person. 
 
 1 1 • ■ n- 1 ••11C111 named as 
 
 the wrong person as plaintiff or where it is doubtlul whether plaintiff 
 it has been commenced in the name of the right plaintiff the 
 judge may if satisfied that it has been so commenced through 
 a bona fide mistake and that it is necessary for the determina- 
 tion of the real matter in dispute so to do order any other 
 person to be substituted or added as plaintiff upon such terms 
 as may be just. [E. 124.] C. O. 21, E. 27. 
 
 28. Where in any action any person has been improperly or Mis,joinder 
 unnecessarily joined as a coplaintiff and a defendant has set °' p'^""^'''' 
 np a counterclaim or set off he may obtain the benefit thereof counterclaim, 
 by establishing his set off or counterclaim as against the parties 
 
446 
 
 JUDIOATUKE 
 
 other than the coplaintiff so joined notwithstanding the mis- 
 joinder of such plaintiff or any proceeding consequent thereon. 
 [E. 125.] 0. O.- 21, K. 28. 
 
 Joinder of 
 defendants 
 
 Defendant 
 need not be 
 interested in 
 all relief 
 claimed 
 
 29. All persons may be joined as defendants against whom 
 the right to any relief is alleged to exist whether jointly, 
 severally or in the alternative; and judgment may be given 
 against such one or more of the defendants as may be found 
 to be liable according to their respective liabilities without any 
 amendment. [E. 126.] 0. O. 21, K. 29. 
 
 30. It shall not be necessary for every defendant to be 
 interested as to all the relief prayed for or as to every cause of 
 action included in any proceedings against him ; but the judge 
 may make such order as may appear just to prevent any 
 defendant from being embarrassed or put to expense by being 
 required to attend any proceedings in which he may have no 
 interest. [E. 12Y.] C. O. 21, E. 30. 
 
 Joinder of 
 persons 
 severally 
 liable 
 
 31. The plaintiff may at his option join as parties to the 
 same action all or any of the persons severally or jointly and 
 severally liable on any one contract including parties to bills 
 of exchange and promissory notes. [E. 128.] C. 0. 21, E. 31. 
 
 Plaintiff in 
 dofibt as to 
 person liable 
 
 Trustees, etc. 
 may sue and 
 be sued as 
 representa- 
 tives 
 
 32. Where the plaintiff is in doubt as to the person from 
 whom he is entitled to redress he may by leave of the judge 
 on ex ■parte application join two or more defendants to the 
 intent that the question as to which if any of the defendants 
 is liable and to what extent may be determined as between all 
 parties. [E. 129.] C. 0. 21, E. 3?. 
 
 33. Trustees, executors and administrators may sue and be 
 sued on behalf of or as representing the property or estate of 
 which they are trustees or representatives without joining any 
 of the persons beneficially interested in the trust or estate and 
 shall be considered as representing such persons ; but the judge 
 may at any stage of the proceedings order any such persons to 
 be made parties either in addition to or in lieu of the pre- 
 viously existing parties. 
 
 (2) If the plaintiff sues or the defendant is sued in a repre- 
 sentative capacity the statement of claim shall show in what 
 capacity the plaintiff or defendant sues or is sued as the case 
 may be. [E. 130.J C. O. 21, R. 33. 
 
 Suitor defence 34. Where there are numerous persons havina: the same 
 
 by one person . . J^ o 
 
 for class interest m one cause or matter one or more of such persons may 
 
JUDIOATDEE 447 
 
 sue or be sued or may be authorised by the judge to defend in 
 such cause or matter on behalf or for the benefit of all persons 
 so interested. [E, 131.J C. O. 21, R. 34. 
 
 35. No cause or matter shall be defeated by reason of the Misjoinder or 
 misjoinder or nonjoinder of parties and the judge may in "ot to'Sefeat 
 every cause or matter deal with the matter in controversy so"^"^* 
 
 far as regards the rights and interests of the parties actually 
 before him. The judge may at any stage of the proceedings striking out 
 either upon or without the application of either party and on parties 
 such terms as may appear just order that the names of any 
 parties improperly joined whether as plaintiffs or defendants 
 be struck out and that the names of any parties whether plain- 
 tiffs or defendants who ought to have been joined or whose 
 presence in the cause may be necessary in order to enable the 
 judge to effectually and completely adjudicate upon and settle 
 all the questions involved in the cause or matter be added. 
 Every party whose name is so added as a defendant shall be 
 served with a summons or notice in such manner as the judge 
 may order and the proceedings as against such party shall be 
 deemed to have begun only on the service of such summons or 
 notice. [E. 133.J C. O. 21, R. 35. 
 
 36. Any application to add or to strike out or substitute a Applications 
 
 1 • • «• 1 p T 1 1 1 • T . as to parties 
 
 plamtitt or defendant may be made to the ]udge at any time 
 before trial supported by affidavit or at the trial of the action 
 in a summary manner. [E. 134.] 0. O. 21, R. 36. 
 
 IT. — Partners. 
 
 37. Any two or more persons claiming or being liable as suits in 
 copartners and carrying on business within the jurisdiction 
 
 may sue or be sued in the name of the respective firms if any 
 of which such persons were copartners at the time of the 
 accruing of the cause of action ; and any party to an action may Disclosure of 
 in such case apply by summons to a judge for a statement of partners 
 the names and addresses of the persons who were at the time 
 of the accruing of the cause of action copartners in any such 
 firm to be furnished in such manner and verified on oath or 
 otherwise as the judge may direct. 
 
 {2) Any person carrying on business in the name of a firm 
 apparently consisting of more than one person may be sued in 
 the name of such firm. [E. 648a and 648&.J C. O. 21, R. 37. 
 
 38. When a writ is sued out by partners in the name of their H'^^^ff'™' 
 firm the plaintiffs or their advocates shall on demand in writ- j;«™«^ °' 
 ing by or on behalf of any defendant forthwith declare in composing 
 
JU.UICATUEE 
 
 Default in 
 furnishing 
 
 Effect when 
 furnished 
 
 Service on 
 partnerships 
 
 Proviso when 
 dissolved 
 
 writing the names and places of residence of all the persons 
 constituting the firm on whose behalf the action is brought; 
 and if the plaintiffs or their advocates shall fail to comply with 
 such demand all proceedings in the action may upon an appli- 
 cation for that purpose be stayed upon such terms as the court 
 or a judge may direct; and when the names of the partners 
 are so declared the action shall proceed in the same manner 
 and the same conseauences in all respects shall follow as if 
 they had been named as the plaintiffs in the writ; but all the 
 proceedings shall nevertheless continue in the name of the firm. 
 .[E. 648&.] C. 0. 21, K. 38. 
 
 39. Where persons are sued as partners in the name of their 
 firm the writ shall be served either upon any one or more of 
 the partners or at the principal place within the jurisdiction of 
 the business of the partnership upon any person having at the 
 time of service the control or management of the partnership 
 business there; and subject to these rules such service shall be 
 deemed good service upon the firm so sued whether any of the 
 members thereof are out of the jurisdiction or not and no leave 
 to issue a writ against them shall be necessary : 
 
 Provided that in the case of a copartnership which has been 
 dissolved to the knowledge of the plaintiff before the com- 
 mencement of the action the writ of summons shall be served 
 upon every person within the jurisdiction sought to be made 
 liable. [E. 648c.J C. 0. 21, R. 39. 
 
 Noticeof 40. AVhen a writ is issued against a firm and is served as 
 
 capacity in '^ ^ ^ i . /» i 
 
 which person directed every person upon whom it is served shall be informed 
 
 served ■_-- , - . , . 
 
 by notice in writing given at the time of such service whether 
 he is served as a partner or as a person having control or man- 
 agement of the partnership business or in both characters. In 
 default of such notice the person served shall be deemed to be 
 •served as a partner. [E. 648d.] C. O. 21, K. 40. , 
 
 Appearance 4i_ Where persons are sued as partners in the name of their 
 
 by partners ^ .... 
 
 firm they shall appear individually in their own names; but 
 all subsequent proceedings shall nevertheless continue in the 
 name of the firm. [E. 648e.J C. O. 21, E. 41. 
 
 "^rit 42. Where a writ is served upon a person having the control 
 
 served on . . 
 
 representative or management of the partnership business ho appearance by 
 ^ '^ him shall be necessary unless he is a member of the firm sued. 
 
 , [E. 648f.] C. 0. 21, E. 42. 
 
 Appearance 
 under protest 
 of person 
 served as 
 partner 
 
 , 43. Any person served as a partner may enter an appear- 
 ;,Hcc under protest denying that he is , a partner ; but such' 
 
JUDICATURE 449 
 
 appearance shall not preclude the plaintiff from otherwise 
 serving the firm and obtaining judgment against the firm in 
 default of appearance if no partner has entered an appearance 
 in the ordinary .form. [E. &iSg.] C. O. 21, K. 43. 
 
 III. — Adminlstrailon and Execution of Trusts. 
 
 44. In any case in which the right of an heir-at-law or the oj^'f^'of'*^'""' 
 next of kin or a class shall depend upon the construction which ^eirs'^ltiaw^'^ 
 the court or a judge may put upon an instrument and it shall JJ^ gf^'ss'^'" 
 ■faot be known or shall be difficult to ascertain who is or are 
 
 such heir-at-law or next of kin or class and the coiirt or judge 
 shall consider that in order to save expense or for some other 
 reason it will be convenient to have the questions of construc- 
 tion determined before such heir-at-law, next of kin or class 
 shall have been ascertained by means of inquiry or otherwise 
 the court or judge may appoint some one or more persons to 
 represent such heir-at-law, next of kin or class and the judg- 
 ment of the court or judge in the presence of such persons shall 
 be binding upon the heir-at-law, next of kin or class so repre- 
 sented. [E. 1.34. J C. 0. 21, E. 44. 
 
 45. Anv residuarv legatee or next of kin entitled to a judg- Adminis- 
 
 ' , . ," 1 . . . - 1 , °. tration, rights 
 
 ment or order for the administration of the personal estate of of residuary 
 
 . , . , legatee and 
 
 a deceased person may have the same without serving the next of kin 
 remaining residuary legatees or next of kin. [E. 1.5 .5. J C. O. 
 21, E. 45. 
 
 46. Any legatee interested in a legacy charged upon land Persons 
 and anv person interested in the proceeds of land directed to proceeds 
 
 • ^ T 1 ■ 1 1 J" J.1 of land 
 
 be sold and who may be entitled to a judg-ment or order lor the 
 administration of the estate of a deceased person may have 
 the same without serving any other legatee or person interested 
 in the proceeds of the estate. [E. 156.J C. 0. 21, E. 46. 
 
 47. Any residuarv devisee or heir entitled to the like judg- Residuary 
 ment or order may have the same without serving any coresi- or heirs 
 duary devisee or coheir. [E. 157.] C. O. 21, E. 47. 
 
 48. Any one of several cestuis qui tfustent under any deed Oestuia^qui 
 o: instrument entitled to a judgment or order for the execution 
 
 of the trusts of the deed or instrument may have the same 
 without serving any other cestui qui trust. [E. 15S.J C. O. 
 21, E. 48. 
 
450 
 
 JUDICATUEB 
 
 o/°ro"ert ^^' """^ ^^^ °^®®^ ^^ actions for the prevention of waste or 
 
 otherwise for the protection of property one person may sue 
 on behalf of himself and all persons having the same interest. 
 [E. 159.J C. 0. 21, E. 49. 
 
 Executor, 50. Any executor, administrator or trustee entitled thereto 
 
 trustee ' may have a judgment or order against any one legatee, next of 
 
 kin or cestui qui trust for the administration of the estate or 
 the exeoution of the trusts. [E. 160.J 0. 0. 21, E. 50. 
 
 Conduct of 
 proceedings 
 
 Costs 
 
 51. The court or a judge may require any person to be 
 made a party to any action or proceeding and may give the 
 conduct of the action or proceeding to such person as he may 
 think fit and may make such order in any particular case as 
 he may think just for placing the defendant on the record on 
 the same footing in regard to costs as other parties having a 
 common interest with him in the matters in question. [E. 
 161. J C. O. 21, E. 51. 
 
 Judgments 
 or orders 
 
 Service on 
 persons not 
 parties but 
 interested 
 
 52. Wherever in any action for the administration of the 
 estate of a deceased person or the execution of .the trusts of 
 any deed or instrument or for the partition or sale of any 
 hereditaments a judgment or an order has been pronounced or 
 made affecting the rights or interests of persons not parties to 
 the action the court or judge may direct that any persons inter- 
 ested in the estate or under the trust or in the land shall be 
 served with notice of the judgment or order; and after such 
 notice such persons shall be bound by the proceedings in the 
 same manner as if they had originally been made parties and 
 shall be at liberty to attend the proceedings under the judg- 
 ment or order. Any person so served may within one month 
 after such service apply to the court or judge to discharge, vary 
 or add to the judgment or order. [E. 162.] C. 0. 21, E. 52. 
 
 Appearance 
 by 
 
 53. It shall not be necessary for any person served with 
 notice of any judgment or order to obtain an -order for liberty 
 to attend the proceedings under such judgment or order but 
 such person shall be at liberty to attend the proceedings upon 
 entering an appearance in the clerk's office in the same manner 
 and subject to the same provisions as a defendant entering an 
 appearance. [E. 163.] C. O. 21, E. 53. 
 
 Entry to be 54. A memorandum of the scrvico upon any person of notice 
 
 service of the judgment or order in any action under the next but one 
 
 preceding section shall be entered in the clerk's office upon due 
 
 proof by affidavit of such service and notice of a judgment or 
 
JUDICATUKE 4.51 
 
 order served pursuant to such rule shall be entitled in the indorsement 
 
 T 1 1 TT 1 ■ 1 T 1 T .01 notice of 
 
 action and there shall be indorsed thereon a memorandum m Judgment 
 the following form : . 
 
 Take notice that from the time of the service of this 
 notice you {or as the case may he, the infant or person 
 of unsound mind) will be bound by the proceedings in 
 the above cause in the same manner as if you {or the 
 said infant or person of imsound mind) had been origi- 
 nally made a party and that you {or the said infant or 
 person of unsound mind) may on entering an appear- 
 ance at the clerk's ofSce attend the proceedings under 
 the within mentioned judgment {or order) and that 
 vou {or the said infant or person of unsound mind) 
 may within one month after the service of this notice 
 apply to the court to discharge, vary or add to the judg- 
 ment {or order). [E. 164 tmd 165. J 0. O. 21, K. 54. 
 
 55. E"otice of a judgment or order on an infant or person service on 
 of unsound mind not so found by inquisition shall be served in dfsabiiuy ""^ 
 the same manner as a writ of summons in an action. [E. 166.] 
 
 C. 0. 21, E. 55. 
 
 56. In any cause or matter to execute the trusts of a will it Execution of 
 
 , . trusts of will 
 
 shaU not be necessary to make the heir-at-iaw a party but the 
 plaintiff shall be at liberty to make the heir-at-law a party 
 where he desires to have the will established against him. Parties 
 [E. 167.] C. O. 21, K. 56. 
 
 57. If in any cause, matter or other proceeding it shall where no 
 
 . , ^ legal personal 
 
 appear to the court or a ludge that any deceased person who representative 
 
 . . T ., ,, court mav --■ '. 
 
 ■n as interested in the matter in question has no legal personal dispense with 
 
 ^ . or appoint 
 
 representative the court or judge may proceed in the absence representative 
 of any person representing the estate of the deceased person or 
 may appoint some person to represent his estate for all the 
 purposes of the cause, matter or other proceeding on such 
 notice to such person (if any) as the court or judge shall think 
 fit either specially or generally by public advertisement and 
 the order so made and any order consequent thereon shall bind 
 the estate of the deceased person in the same manner in every 
 respect as if a duly constituted legal personal representative of 
 the deceased had been a party to the cause, matter or proceed- 
 ing. [E. 168.] 0. O. 21, K. 57. 
 
 58. In any cause or matter for the administration of the Adminis- 
 
 estate of a deceased person no party other than the executor or 
 administrator shall unless by leave of the court or a judge be 
 
 tration 
 
452 
 
 JUMCATUKE 
 
 Appearance 
 at chambers 
 in respect 
 of creditorB' 
 claims 
 
 entitled to appear either in court or in chambers on the claim 
 of any person not a party to the cause or matter against the 
 estate of the deceased person in respect of any debt or liability. 
 The court or a judge may direct or give liberty to any other 
 psrty to the cause or matter to appear either in addition to or 
 in the place of the executor or administrator upon such terms 
 as to costs or otherwise as they or he shall think fit. [E. 169.J 
 C. O. 21, K. 58. 
 
 Questions 
 raised 
 involving 
 validty of 
 Ordinances 
 
 Notice to 
 attorney 
 general 
 
 IV. — Constitutional Questions. 
 
 59. Whenever in any cause, matter or proceeding depending 
 in the supreme court any question is raised as to the vaKdity 
 or constitutionality of any Ordinance of the Territories or 
 whenever it is sought to have any Ordinance of the Territories 
 declared or held ultra vires the party so raising or intending to 
 raise such question shall forthwith give notice to the attorney 
 general for the Territories accompanied by a copy of the 
 pleadings or such other documents as may be necessary to 
 clearly indicate the circumstances imder which such -question 
 arises; and the attorney general or his agent shall be entitled 
 to intervene and to be heard on the argument of such question ; 
 and whenever it appears to the court or judge that any such 
 question arises in any cause, matter or proceeding the court or 
 judge shall not decide such question until the attorney general 
 is so notified (or as the court or judge may direct) and given an 
 opportunity of being heard by the court or judge by himself or 
 his agent. " C. O. 21, E. 59. 
 
 V. — Third Party Procedure. 
 
 Notice to 
 third party 
 
 Filing and 
 service 
 
 60. Where a defendant claims to be entitled to contribution 
 or indemnity over against any person not a party to the action 
 he may by leave of the court or a judgeto be obtained ex parte 
 issue a notice (hereinafter called the third party notice) to 
 that effect stamped with the seal with which writs of summons 
 are sealed ; a copy of such notice shall be filed with the clerk 
 and served on such person according to the rules relating to the 
 service of writ of summons. The notice shall state the nature 
 and grounds of the claim and shall unless otherwise ordered by 
 the court or a judge be served within the time limited for 
 delivering his defence and therewith shall be served a copy of 
 the statement of claim and a ci.ipy of the writ of summons in 
 the action. [E. lYO.J CO. 21,' E. 60. 
 
 Appearance of 
 third party 
 
 61. If a person not a party to the action who is served as 
 mentioned in the preceding rule (hereinafter called the third 
 
JUDIGATUEE 
 
 pp.rty) desires to dispute the plaintiff's claim in the action as 
 
 against the defendant on whose behalf the notice has been 
 
 given or his own liability to the defendant the third party must 
 
 enter an appearance in the action within ten days from the 
 
 service of the notice. In default of his so doing he shall be Admission by 
 
 deemed to admit the validity of the judgment obtained against ance™'''"" 
 
 such defendant whether obtained by consent or otherwise and 
 
 hi 5 own liability to contribute or indemnify as the case may be 
 
 to the extent claimed in the third party notice : 
 
 Provided always that a person so served and failing to Leave to 
 appear within the said period of ten days may apply to the deS^"*"" 
 court or a judge for leave to appear and such leave may be 
 given iipon such terms if any as the court or judge shall think 
 fit. [E. ITl.J C. 0. 21, E. 61. 
 
 62. Where a third party makes default in entering an Defendant 
 appearance in the action in case the defendant giving the notice fSflment by 
 suffer judgment by default he shall be entitled at any time '*^'*''"' 
 after satisfaction of the judgment against himself or before 
 
 such satisfaction by leave of the court or a judge to enter 
 judgment against the third party to the extent of the contribu- Rights against 
 tion or indemnity claimed in the third party notice : '^ ^^^ ^ 
 
 Provided that it shall be lawful for the court or a judge to 
 set aside or vary such judgment upon such terms as may seem 
 just. [E. 1T2.] C. O. 21, E. 62. 
 
 63. Where a third party makes default in entering an plaintiff 
 appearance in the action in case the action is tried and results judgnie^nt^'for 
 in favour of the plaintiff the judge who tries the action may at against 
 
 or after the trial order the entry of such judgment as the nature third party 
 of the case may require for tlie defendant giving the notice 
 against the third party: 
 
 Provided that execution thereof be not issued without Proviso as 
 leave of the judge until after satisfaction by such defendant of execution 
 the verdict or judgment against him ; and if the action is finally 
 decided in the plaintiff's favour otherwise than by trial the 
 court or a judge may on application by motion or summons as 
 the case may be order such judgment as the nature of the case 
 may require to be entered for the defendant giving the notice 
 against the third party at any time after satisfaction by the 
 •defendant of the amount recovered by the plaintiff against him. 
 [E. 173.J C. O. 21, E. 63. 
 
 64. If a third party appears pursuant to the third party Third party 
 notice the defendant giving the notice or such third party may *pp®*"''s 
 apply to the court or a judge for directions and the court or 
 
454 
 
 JUDICATUBE 
 
 Application 
 for directions 
 
 judge upon the hearing of such application may if satisfied that 
 there is a question proper to be tried as to the liability of the 
 third party to make the contribution or indemnity, claimed in 
 whole or in part order the question of such liability as between 
 the third party and the defendant giving the notice to be tried 
 in such manner at or after the trial of the action as the court 
 or judge may direct j and if not so satisfied may order such 
 judgment as the nature of the case may require to be entered 
 iu favour of the defendant giving the notice against the third 
 party. [E. 174.J 0. O. 21, E. 64. 
 
 directions ^^- ^^® court or judge upon the hearing of the application 
 
 may be given mentioned in the preceding rule may if it shall appear desir- 
 able to do so give the third party liberty to defend the action 
 ujion such terms as may be just or to appear at the trial and 
 take such part therein as may be just and generally may order 
 such proceedings to be taken, documents to be dfelivered or 
 amendments to be made and give such directions as to the 
 court or judge shall appear proper for having the question 
 niost conveniently determined and as to the mode and extent in 
 or to which the third party shall be bound or made liable by the 
 judgment in the action. [E. 175.J C. O. 21, E. 65. 
 
 'Costs 
 
 66. The court or a judge may decide all questions of costs 
 as between a third party and the other parties to the action and 
 may order any one or more to pay the costs of any other or 
 others or give such directions as to costs as the justice of the 
 case may require. ' [E. 176.J C. O. 21, E. 66. 
 
 Defendant 
 claiming 
 againRt 
 codefendant 
 
 67. Where a defendant claims to be entitled to contribution 
 or indemnity against any other defendant to the action a notice 
 may be issued and the same procedure shall be adopted for the 
 determination of such questions between the defendants as 
 AA ould be issued and taken against such other defendant if such 
 last mentioned defendant were a third party; but nothing 
 herein contained shall prejudice the rights of the plaintiff 
 against any defendant in the action. [E. 177.] C. 0. 21, 
 E. 67. 
 
 PlaintifTnot 
 to be delayed 
 by questions 
 between 
 defendants 
 
 68. A plaintiff is not to be unnecessarily delayed in recov- 
 ering his claim by reason of the questions between defendants 
 in which the plkintiff is not concerned ; and the judge is to give 
 such direction as may be necessary to prevent such delay of the 
 plaintiff where this can be done on terms or otherwise without 
 injustice to the defendants. C. O. 21, E, 68. 
 
JUDICATURE .j^-r; 
 
 VI. — Change of Parties. 
 
 69. A cause or matter shall not become abated by reason of No abatement 
 the marriage, death or insolvency of any of the parties if the ^''alftlon'"'^ 
 cause of action survive or continue and shall not become def ec- """"""^^ , 
 tive by the assignment, creation or devolution of any estate or 
 
 title pendente lite; and whether the cause of action survives or 
 not there shall be no abatement by reason of the death of Judgment 
 either party between the verdict or finding of the issues of fact rftefve^di^t 
 and the judgment ; but judgment may in such case be entered 
 notwithstanding the death. [E. 178.] C. O. 21, K. 69. 
 
 70. In case of the marriage, death or assignment or devolu- Adding 
 tion of the estate by operation of law of any party to a cause sSocetsors in 
 or matter the judge may if it 'be deemed necessary for the ""■^'■®^' 
 •complete settlement of all the questions involved order that the 
 husband, personal representative, trustee or other successor in 
 interest if any of such party be made a party in such manner 
 
 ^nd on such terms as the judge shall think just and make such 
 order for the disposal of the cause or matter as may be just. 
 [E. 179.] C. O. 21, K. 70. 
 
 71. In case of an assignment, creation or devolution of any continuation 
 estate or title pendente lite the cause or matter may be con- where change 
 tinued by or against the person to or upon whom such estate 
 
 or title has come or devolved. [E. 180.] C. O. 21, K. 71. 
 
 72. Where by reason of marriage, death or asisigmnent or Adding parties 
 .any other event occurring after the commencement of a cause of interest 
 
 or matter and causing a change or transmission of interest or 
 liability or by reason of any person interested coming into 
 existence after the commencement of the cause or matter it 
 becomes necessary or desirable that any person not already a 
 party should be made a party or that any person already a 
 party should be made a party in another capacity the judge 
 may order that the proceedings shall be carried on between 
 the continuing parties and such new party or parties in such 
 manner and on such terms as may be thought proper. [E. 
 181.] C. 0.21, K. 72. 
 
 73. Applications under rules 70 and 72 may be made ea; Applications 
 parte. C. O. 21, E. 73. '"^"'■** 
 
 74. An order so obtained shall unless the court or judge service of 
 
 ■ order 
 
 shall otherwise direct be served upon the continuing party or 
 parties or their advocates and also upon each such new party 
 
4.". (3 
 
 JUDICATUBE 
 
 unless the person making the application be himself the only 
 new party and the order shall from the time of such service 
 subject nevertheless to the next two rules be binding on the 
 person served therewith and every person served therewith 
 who is not already a party to the cause or matter shall be bound 
 to enter an appearance thereto within the same time and in the 
 same manner as if he had been served with a writ of summons. 
 [E. 182.J C. O. 21, K. 74. 
 
 Application 
 to disciiarge 
 order 
 
 75. Where any person who is under no disability or under 
 no disability other than coverture or being under any disability 
 other than coverture but having a guardian ad litem in the 
 Cfuse or matter shall be served with .such order such person 
 may apply to the court or judge to discharge or vary such 
 order at any time within twelve days from the service thereof. 
 [E. 1S3.J V. 0. 21, R. 75. 
 
 Application 
 to (iischarge 
 order 
 
 76. Where any person being imder any disability other than 
 C(nerture and not having a guardian ad litem in the cause or 
 matter is served with any such order such person may apply to 
 the court or a judge to discharge or vary such order at any 
 time within twelve days from the appointment of a guardian 
 ad litem for such party and until such period of twelve days 
 shall have expired such order shall have no force or effect as 
 against such last mentioned person [E. 184.] C. 0. 21, E. 76. 
 
 Death of sole 
 plaintiff or 
 defendant 
 
 Omission 
 to proceed 
 with cauae 
 
 77. When the plaintiff or defendant in a cause or matter dies 
 and the cause of action survives but the person entitled to pro- 
 ceed fails to proceed on application of the defendant (or the 
 person against whom the cause or matter may be continued) 
 the judge may order the plaintiff (or the person entitled to 
 proceed) to proceed within a given period and in default of 
 such proceeding judgment may be entered for the defendant 
 or as the case may be for the person against whom the cause or 
 matter might have been continued. TE. 185.1 C. 0. 21 E'. 
 77. 
 
 piahmffto"'" ' ^- ^^'^'^^'^ '^^y ^'^"s^' o'^ matter becomes abated or in the case 
 fbltement,"' °^ ^'^^ ^"""^ ''^^''g^ "^ ^Tiiexest as is by this order provided for 
 etc. the advocate for the plaintiff or person having the conduct of 
 
 the cause or matter as the case may be shall certify the fact to 
 the proper officer who shall cause an entry thereof to be made 
 in the procedure book opposite to the name of such cause or 
 matter. [E. 186.J C. 0. 21, E. 78. 
 
JUDICATUKE 1-^ 
 
 ■±0 I 
 
 . ORDER VII. 
 
 JOINDER OF CAUSES OF ACTIOX. 
 
 7i). A plaintiff may m;ite in the same action several causes of Unitingcauses 
 action; but if it appears to the judge that any such causes of '"''"'"''" 
 action cannot be conveniently tried or disposed of together he 
 may order separate trials of any such causes, of action to be had 
 01- may make such other order as may be necessary or expedient 
 for the separate disposal thereof or may order any such causes 
 of action to be excluded and consequential amendments to be?epa?afeiy 
 made. [E. 188 and 190. j C. O. 21, R. 79. 
 
 ORDER YIII. 
 
 ArrEAEANCE. 
 
 80. Within the time limited for appearance by the writ Entry of 
 
 of summons or afterwards before the plaintiff has taken any defenrtaUr '^ 
 further step in the cause if the defendant or if there be more 
 than one defendant in the action a defendant desires to contest 
 the plaintiff's claim and defend the action he shall by himself 
 or his advocate enter an appearance in the office of the clerk 
 whence the writ of summons issued and within six days there- 
 after or such further time as may by order of the judge be 
 allowed for the purpose file in the clerk's office a statement of Filing and 
 defence and serve a copy thereof on the plaintiff or his advo- defence 
 ciite. C. 0. 21, R. 80. 
 
 81. Upon or with every appearance when entered a memo- indorsement 
 
 \ . . ' . ..,<"> appearance 
 
 randum m writing shall be indorsed or attached giving the 
 defendant's address or the address of his advocate if he defends 
 by advocate ; and if the defendant or his advocate resides over 
 three miles from the clerk's office naming an address wdthin £^'?fff^ f°'' 
 three miles of the clerk's office where documents in the suit 
 requiring service upon him may be left such place to be kndwn 
 and designated as his "address for service." [E. SO.] C. 0. 
 ?J. R. 81. 
 
 82. "Where no appearance has been entered for a party all servioewhere 
 
 ^ ^ . , . no appearance 
 
 oulers, notices, papers, documents in or relating to the action or no address 
 
 ^ r 1 7 c ^ fQj. service or 
 
 may unless otherwise ordered by a judge be served by posting false address 
 up the same or a copy thereof in the clerk's office ; and where 
 the address mentioned in the next preceding rule be not given 
 al! such orders, notices, papers and documents may be served 
 in like manner ; but if an address is supplied and such address 
 be illusory or fictitious the judge may on application of the 
 plaintiff direct the manner in which such orders, notices, 
 papers and documents may be served. C. 0. -21, R. 82. 
 
458 
 
 JUDICATUKE 
 
 Recovery o( 
 
 land 
 
 83. Any person not named as a defendant in a writ of 
 
 Appearance suHimons in an action for the recovery of the possession of 
 
 defendant "" land, may by leave of the judge appear and defend on filing 
 
 an affidavit showing that he is in possession of the land either 
 
 by himself or by his tenant. [E. 95,J C. O. 21, K. 83. 
 
 Landlord 
 to appear 
 as such 
 
 84. Any person appearing to defend an action for the 
 recovery of the possession of land as landlord in respect of 
 property whereof he is in possession only by his tenant shall 
 state in his appearance that he appears as landlord. [E. 96.J 
 C, 0. 21, E. 84. 
 
 Party 
 obtaining 
 leave to 
 defend 
 
 subsequent 
 proceedings 
 
 85. Where a person not named as defendant in any writ of 
 summons for the recovery of the possession of land has obtained 
 leave of the judge to appear and defend he shall comply with 
 the provisions of this order in respect of defendants appearing 
 and defending and in all subsequent proceedings be named as 
 a party defendant. [E. 97.J C. 0. 21, E. 85. 
 
 Defence may 
 be limited 
 to part of 
 property 
 
 86. Any person appearing to a writ of summons for the 
 recovery of the possession of land shall be at liberty to limit his 
 defence to a part only of the property mentioned in the writ 
 describing that part with reasonable certainty in his appear- 
 ance and an appearance where the defence is not limited as 
 above mentioned shall be deemed an appearance to defend for 
 the whole. [E. 98.] C. 0. 21, E. 86. 
 
 Application 
 to s^t aside 
 writ or 
 
 service 
 
 87. A defendant before appearing shall be at liberty to 
 apply to a judge to set aside the service of the writ upon him, 
 to discharge or set aside the order authorising such service or 
 to set aside the writ on the ground of irregularity or other- 
 wise. [E. 100.] C. 0. 21, E. 87. 
 
 OEDEE IX. 
 
 DEFAULT OF APPEAEAWCB. 
 
 Default of 88. Where no appearance has been entered to a writ of 
 
 '"raon'of summons for a defendant who is an infant or a person of 
 unsound mind ynsound mind not so found by inquisition the plaintiff shall 
 before further proceeding with the action against the defend- 
 ant apply to the court or a judge for an order that some proper 
 person be assigned guardian of such defendant by whom he_ 
 may appear and defend the action ; but no such order shall be 
 made unless it appears on the hearing of such application that 
 
JUDICATURE 
 
 450 
 
 thj writ of summons was duly served and that notice of such 
 application was after the expiration of the time allowed for 
 appearance and at least six clear days before the day in such 
 notice named for hearing the application served upon or left 
 at the dwelling house of the person with whom or under whose 
 care such defendant was at the time of serving such writ of 
 summons and also (in the case of such defendant being an 
 infant not residing with or under the care of his father or 
 guardian) served upon or left at the dwelling house of the 
 father or guardian if any of such infant unless the court or 
 judge at the time of hearing such application shall dispense 
 with such last mentioned service. [E. 101. J C. 0. 21, E. 
 
 S9. When any defendant fails to appear to a writ of sum-writand 
 mens and the plaintiff is desirous of proceeding upon default se^vicl'to"*^ 
 01 appearance he shall before taking such proceeding upon ^^ ^^"^ 
 default file the writ (or an -order dispensing with such filing) 
 with an affidavit of service or of compliance with any order 
 fji' 'Substitutional service as the case may be. [E. 102.] C. O. 
 21, E. 89. 
 
 90. Where the plaintiff's claim is for a debt or liquidated ciaim 
 demand only and the defendant fails or all the defendants if '^i"''^*'^* 
 more than one fail to apear thereto the plaintiff may after 
 
 the time limited for appearance has elapsed enter final judg- 
 n.tnt for any sum not exceeding the sum claimed in the action 
 together with legal interest and costs of suit. [E. 103. J C. O. 
 21, E. 90. 
 
 91. Where the plaintiff's claim is for a liquidated demand Liquidated 
 
 ■*■ ■*■ demand 
 
 and there are several defendants of whom one or more appear 
 and another or others of them fails to appear the plaintiff may ||Jg^^^^„jg 
 enter final judgment as in the preceding section against such 
 a? have not appeared and may issue execution upon such judg- 
 ment without prejudice to his right to proceed with the action 
 against such a's have appeared. [E. 104.J C. O. 21, E. 91. 
 
 92. Where the plaintiff's claim is for detention of goods and ^lajn^^ ^^^ 
 pecuniary damages or either of them and the defendant fails damages 
 or all the defendants if more than one fail to appear on appli- 
 cation of the plaintiff the judge may assess the value or amount Nofaappear- 
 of. damages or either of them or order that they shall be 
 ascertaiaed in any way he may direct and judgment shall be 
 entered thereupon with costs of suit. [E. 105.] 0. 0. 21, 
 
 E. 92. 
 
460 
 
 JUDICATURE 
 
 Striking out 
 
 appearing 
 
 defendants 
 
 93. Where in an action for detention of goods and pecuniary 
 damages or either of them there is more than one defendant 
 and one or more of such defendants have appeared while one 
 or other of the defendants have not the judge on application 
 of the plaintiff may order the striking out of any one or more 
 of the defendants who hais or have appeared on payment of 
 costs or otherwise as may be considered just and allow the 
 plaintiff to proceed with his action against the defendant oi 
 defendants who has or have not appeared. C. 0. 21, E. 93. 
 
 Interlocutory 
 
 judgment 
 
 against 
 
 nonappearing 
 
 defendants 
 
 '.)i. Where the plaintiff's claim is for detention of goods and 
 pecuniary damages or either of them and there are several 
 defendants of whom one or more appear to the writ and 
 another or others of them fail to appear the plaintiff may sign 
 interlocutory judgment against the defendant or defendants so 
 failing to appear and on application of the plaintiff the value of 
 the goods and the damages or either of them as the case may 
 be shall' be assessed as against the defendant or defendants 
 failing to appear at the same time as the trial of the action or 
 issue therein against the other defendant or defendants unless 
 the judge shall otherwise direct, [E. 106.J C. 0. 21, E. 94. 
 
 Claim, 
 detinue and 
 liquidated 
 demand 
 
 95. When the plaintiff's claim is for detention of goods and 
 pecuniary damages or either of them and also for a liquidated 
 demand and any defendant fails to apear to the writ the 
 plaintiff may enter iinal judgment for the debt or liquidated 
 demand, interest and costs against the defendant or defendants 
 failing to appear and proceed as mentioned in such of the rules 
 of this order as may be applicable. [E. 107.] C. 0, 21, K. 
 9;i . 
 
 Claim 
 recovery 
 of land 
 
 96. In case no appearance shall be entered in an action for 
 the recovery of land within the time limited for appearance or 
 ii an apearance be entered but the defence be limited to part 
 only the plaintiff shall be at liberty to enter a judgment that 
 the person whose title is asserted in the writ shall recover 
 possession of the land or of the part thereof to Avhich the 
 defence does not apply with or without costs as the judge may 
 order. [E. 108.] C. O. 21, E. 96. 
 
 proflt's,?ent" 97. When the plaintiff's statement of claim is for mesne 
 andreoovCTy proiits, arrears of rent or damages for breach of contract and 
 also for the recovery of land he may enter judgment as in the 
 last preceding rule mentioned for the land and may proceed as 
 in the other preceding rules mentioned as to such other claim. 
 [E. 109.] C. 0. 21, E. 97. 
 
JUDICATUKE 4.QI 
 
 98. Where the action is in respect of a morteaffe, lien or claim : 
 
 „ do; foreclosure, 
 
 charge and the jpiamtift claims foreclosure or sale or redemp- s»^«'^ 
 
 tion or where the action is for the administration of an estate administration 
 
 or partition the plaintiff if the defendant does not appear shall 
 
 be entitled to snch a judgment upon such evidence as the judge 
 
 may order. C. O. 21, K. 98. 
 
 99. In any other action upon default of appearance by one J"'if?nient in 
 or more defendants the plaintiff may apply ex parte to a judge 
 
 for an order for judgment and the judge shall order such judg- 
 ment to be entered as the plaintiff appears entitled to with or 
 without evidence of the truth of the statement of claim (which 
 may be given viva voce or by affidat'it) in the discretion of the 
 judge: 
 
 Provided that no final judgment of nullity of marriage shall 
 be entered (whether or not there is default of appearance or 
 defence) until the court or judge is satisfied iy evidence of the 
 irnth and sufficiency of the facts on luhich the claim for such 
 judgment is founded. C. O. 21, R. 99, 1901, c. 10, s. 3. 
 
 100. Any judgment entered upon default of appearance or setting aside 
 
 -IT. IT • T 'i-i ;i^ . judgment by 
 
 m delivermg any pleading or in compliance with any oiclei default 
 may be set aside or varied by the court or judge iipon such 
 terms as may be just. C. O. 21, K. 100. 
 
 101. Where in an action there are several defendants of where several 
 
 , J, defendants, 
 
 whom one or more have been served and another or others 01 some not 
 
 ... p served 
 
 them have not the court or judge may order the striking out of 
 th'3 defendant or defendants not served and allow the plaintiff 
 to proceed with his action against the defendant or defendants 
 served on payment of costs or otherwise as may be considered 
 just. C. O. 21, E. 101. 
 
 102. Any order made by the judge under any of the rules of Set^mg asjde 
 this- order and any judgment entered pursuant to such order orders ^^^ 
 may be set aside or varied by the judge or the court upon such 
 
 terms as may be just. [E. 110.] C. O. 21, R. 102. 
 
 OEDER X. 
 
 STEIKIBTG OUT APPEAEAKCE. 
 
 103. Where the action is brought to recover a debt or aAppUcatjOT. 
 liquidated demand and' the defendant or one or more of the tostrike^out 
 defendants if there are several defendants has or have appeared where^oteim 
 
4G3 
 
 J HDICATUEE 
 
 Judgment 
 unless defence 
 shown 
 
 Unliquidated 
 
 demand 
 
 included 
 
 tlic plaintiff or one of the plaintiffs if more than one may on 
 affidavit of himself or of any other person who can swear 
 positively to the facts verifying the cause of action and the 
 amount claimed and stating that in his belief there is no 
 defence to the action apply to the judge for leave to enter final 
 judgment for the amount of the claim or the amount so verified 
 as due the plaintiff together with interest (if any) and costs; 
 and the judge may thereupon unless the defendant by afiSdavit 
 or otherwise shall satisfy him that he has a good defence to the 
 action on the merits or disclose such facts as may be deemed 
 sufficient to entitle him to defend make an order empowering 
 the plaintiff to enter judgment accordingly. 
 
 (2) If on the hearing of the application under this rule it 
 shall appear that a cause or causes of action other than for a 
 debt or a liquidated demand have been joined therewith the 
 judge may if he shall think fit forthwith amend the statement 
 of claim by striking out such other cause or causes of action or 
 may deal with such claims for debts or liquidated demands as 
 if no other claim had been joined in the action and allow the 
 action to proceed as respects the cause or causes of action other 
 than for such debt or liquidated demand. [E. 115.] C. 0. 
 21, E. 103. 
 
 Summons 
 
 Service 
 
 Affidavits 
 
 104. The application by the plaintiff under the last preced- 
 ing rule shall be by summons. A copy of the summons and 
 copies of affidavits and exhibits referred to therein (unless 
 service of copies of such exhibits be dispensed with by the 
 judge) shall be served at least four clear days before the 
 summons is returnable. C. O. 21, K. 104. 
 
 Defendant- 
 may show 
 cause 
 
 Cross 
 examination 
 
 105. The defendant may show cause against such application 
 by affidavit of himself or some one who can swear positively 
 to the facts or by offering to bring into court the amount 
 claimed in the action. If by affidavit such affidavit shall state 
 whether the defence alleged goes to the whole or to part only ■ 
 and if so what part of the plaintiff's claim ; and the judge may 
 if he thinks fit order the defendant or whoever makes the 
 affidavit on his behalf or in the case of a corporation any officer 
 thereof to attend and be examined on oath and to produce any 
 letters, books or documents or copies of or extracts therefrom. 
 [E. 117.J C. 0. 21, E. 105. 
 
 Defendant 106. If it appears that the defence set up by the defendant 
 
 admitting ^ ■•- , r t/ 
 
 or failing to applies Only to a part of the plaintiff's claim or that any part 
 
 application of the claim is admitted the plaintiff may have judgment 
 
 as to part ^ j j o 
 
JUDIOATUKE 4(53 
 
 forthwitli for such part of his claim as the defence does not 
 apply to or is admitted subject to such terms (if any) as to 
 suspending execution or otherwise as the judge may order and 
 the defendant may be allowed to defend as to the residue of 
 the plaintiff's claim. [E. 118.J C. O. 21, K. 106. 
 
 107. If it appears to the judge that any defendant has a one defendant 
 good defence or ought to be permitted to defend the action and P'^^^'i'^'^^i^ 
 that any other defendant has not such defence and ought not and judgment 
 
 •' !■ c T • 1 against other 
 
 to be permitted to defend the former may be permitted to 
 defend and the plaintiff shall be entitled to have final judg- 
 ment against the latter and have execution thereon without 
 prejudice to his right to proceed with his action against the 
 former. [E. 119.J C. O. 21, E. 107. 
 
 108. Leave to defend may be given unconditionally or sub- conditional 
 ject to such terms as to giving security or time and mode of defend 
 trial or otherwise as the judge may think fit. [E. 120.] C. 
 
 O. 21, K. 108. 
 
 OKDER XI. 
 
 PLEADING GENERALLY. 
 
 109. Every pleading shall contain and contain only a state- ft^t«'^|"fts° 
 ment in a summary form of the material facts on which the °^?|^°°^ 
 party relies for his claim or defence as the case may be but 
 
 not the evidence by which they are to be proved and shall Paragraphing 
 when necessary be divided into paragraphs numbered con- 
 secvitively. Dates, sums and numbers shall be expressed m ^^^^^^^ ^^ ^^ 
 figures and not in words. [E. 200.J C. O. 21, R. 109. "^^'^ 
 
 110. A defendant in an action may set off or set up by waysetoffand 
 
 ■^ -jv • -Li Counterclaim 
 
 of counter-claim against the claims of the piamtiit any rignt 
 or claim whether such set off or counterclaim sound in dam- 
 ages or not and such set off or counterclaim shall have the 
 same effect as a cross action so as to enable the judge to pro- 
 nounce a final judgment in the same action both on the orginal 
 and cross claim; but the judge may on application of the striking out 
 plaintiff before trial if in his opinion such set off or counter- 
 claim cannot be conveniently disposed of in the pending action 
 or ought not to be allowed refuse permission to the defendant 
 to avail himself thereof ; and if in any case in which the 
 defendant sets up a counterclaim the action of the plaintiff is ^Xafte"^ 
 stayed, discontinued or dismissed the counterclaim may never- l^^'p™^^ oj 
 theless be proceeded with. [E. 199 and 249.] C. O. 21, 
 E. 110. 
 
4(14 
 
 JUDICATUEE 
 
 Reply to 
 counterclaim 
 
 Further 
 particulars 
 
 Not guilty by 
 statute 
 
 111. Where a counterclaim is pleaded a reply thereto shall 
 be subject to the rules applicable to statements of defence. 
 [E. 276 and 279.1 C. O. 21, E. 111. 
 
 112. A further and better statement of the nature of the 
 claim or defence (or written proceeding requiring particulars) 
 may in all cases be ordered upon such terms as may be just; 
 but the order therefor shall not per se operate as a stay of 
 proceedings or give any extension of time. [E. 203 and 204.J 
 C. O. 21, K. 112. 
 
 113. Xothing in this Ordinance shall affect the right of any 
 defendant to plead not guilty by statute ; but if the defendant 
 so plead he shall not plead any other defence to the same cause 
 of action without the leave of the judge and every plea of not 
 guilty by statute shall have the same effect as a plea of not 
 guilty by statute has heretofore had. [E. 208. J C. 0. 21, 
 R. 113 ' 
 
 Allegations 
 not denied 
 admitted 
 
 Conditions 
 precedent 
 
 All grounds 
 of defence or 
 answer to 
 be raised 
 
 Departure 
 
 114. Every allegation of fact in any pleading not being a 
 petition or summons if not denied specifically or by necessary 
 implication or stated to be not admitted in the pleading of the 
 opposing party shall be taken to be admitted except as against 
 an infant, lunatic or person of unsound mind not so found 
 judicially. [E. 209.] C. O. 21, E. 114. 
 
 115. Any condition precedent the performance or occur- 
 rence of \vhich is intended to be contested shall be distinctly 
 specified in his pleading by the plaintiff or defendant as the 
 case may be ; and subject thereto an averment of the perform- 
 ance or ()ccurrence of all conditions precedent necessary for the 
 case of the plaintiff or defendant shall be implied in his 
 pleadings. [E. 210.J V. O. 21, E. 115. 
 
 116. The defendant or plaintiff as the case may be must 
 raise by his pleadings all matters which show the action or 
 counterclaim not to be maintainable or that the transaction is 
 either void or voidable in point of law and all such grounds of 
 defence or reply as the case may be as if not raised would be 
 likely to take the opposite party by surprise or would raise 
 issues of fact not arising out of the preceding pleadings. [E. 
 211. J C. O. 21, E. 116. 
 
 117. Xo pleading not being a petition or summons shall 
 except by way of. amendment raise any new ground of claim 
 or contain any allegation of fact inconsistent with the previous 
 pleadings of the party pleading the same. [E. 212. J C. O. 21, 
 E. 117. 
 
J L'lnCATUEE 
 
 465 
 
 118. It shall not be sufficient for a defendant in his state- Denials must 
 ment of defence to deny generally the grounds alleged by the ®^^®°'"'' 
 plaintiff's statement of claim or for the plaintiff in his reply 
 
 to deny generally the grounds alleged in a defence by way of 
 counterclaim but each party must deal specifically mth each 
 allegation of fact of which he does not admit the truth except Damages 
 damages. [E. 213.] C. O. 21, R. 118. 
 
 119. When a partv in pleading denies an allegation if fact Pleadings 
 
 . , , . T ^■ !• 1 - must answer 
 
 Hi the previous pleading of the opposite party he must not do P°t"' "' 
 so evasively but answer the point of substance. Thus if it is *"d y°t be 
 
 evasive 
 
 alleged that he received a certain sum of money it shall not be 
 sufficient to deny that he received that particular amount but 
 he must deny that he received that sum or any part thereof or 
 else set out how much he received. And if an allegation be 
 made with divers circumstances it shall not be sufficient to deny 
 it along with those circumstances. [E. 215. J C. 0. 21, R. 
 119. 
 
 120. When a contract, promise or agreement is alleged in Denial of 
 any pleading a bare denial of the same by the opposite party 
 
 shall be construed only as a denial of fact of the express con- 
 tract, promise or agreement alleged or of the matters of fact 
 from which the same may be implied by law and not as a 
 denial of the legality or sufficiency in law of such contract, 
 promise or agTeement whether with reference to the Statute of 
 Frauds or otherwise. [E. 216.J C. O. 21, E. 120. 
 
 121. Whenever the contents of any documents are material Effect of 
 
 '' documents 
 
 it shall be sufficient in any pleading to state the effect thereof maybe 
 as brieily as possible without setting out the whole or any part 
 thereof unless the precise -words of the documents or any part 
 thereof are material. [E. 217.] C. 0. 21, E. 121. 
 
 122. Whenever it is material to allege malice, fraudulent Allegation of 
 
 ° . malice, fraud 
 
 intention, knowledge or other condition of the mind of any knowledge, 
 person it shall be sufficient to allege the same as a fact without 
 setting out the circumstances from which the same is to be 
 inferred. [E. 218.J 0. -0. 21, E. 122. 
 
 123. Whenever it is material to allege notice to any person Allegation 
 of any fact, matter or thing it shall be sufficient to allege such had notice 
 notice as a fact unless the form or the precise terms of such 
 notice or the circumstances from which such notice is to be, 
 inferred to be material. [E. 219.J C. O. 21, E. 123. 
 
466 
 
 JUDICATTJEE 
 
 Contractor 124. Whenever any contract or any relation between any 
 implied from persons IS to be implied from a series of letters or conversa- 
 tions or otherwise from a number of circumstances it shall be 
 sufficient to allege such contract or relation as a fact and to 
 refer generally to such letters, conversations or circumstances 
 without setting them out in detail; and if in such case the 
 person so pleading desires to rely in the alternative upon more 
 Alternatives contracts or relations than one as to be implied from such 
 circumstances he may state the same in the alternative. [E. 
 220.J C. O. 21, E. 124. 
 
 Presumptions 125. !N"either party need in any pleading allege any matter 
 of fact which the law presumes in his favour or as to which 
 the burden of proof lies upon the other side unless the same 
 has first been specifically denied. [E. 221.] C. 0. 21, E. 125. 
 
 Want of form 
 
 126. JSTo technical objection shall be raised to any pleading 
 on the ground of any alleged want of form. [E. 222.] C. 0. 
 21, E. 126. 
 
 scaSdalouTo]- ^^'^- '^^^ JT^'^g® ^^7 ^t ^^J Stage of the proceedings order 
 matSr™^^'"^ to be struck out or amended any matter in any statement or 
 pleading which may be unnecessary or scandalous or which 
 may tend to prejudice, embarrass or delay the fair trial of the 
 action with or without costs to be paid by the party so offend- 
 ing. [E. 223.] C. 0. 21, E. 127. 
 
 Loss of 
 
 negotiable 
 
 instrument 
 
 128. In case of any action founded upon a bill of exchange 
 or other negotiable instrument the judge may order that the 
 loss of such instrument shall not be set up provided such 
 indemnity as he approves of is given against the claims of any 
 other person upon such negotiable instrument. C. 0. 21, E. 
 128. 
 
 Pleadings 
 written or 
 printed 
 
 129. Every statement or pleading may be either printed or 
 written or partly written and partly printed. [E. 205. J C. 0. 
 21, E. 129. 
 
 OEDEE XII. 
 
 PAYMENT INTO AND OUT OF OOtTET AND TENDER. 
 
 Payment into 
 court — 
 (l)as 
 
 satisfaction 
 (2) with 
 defence 
 denying 
 liability 
 
 130. Where any action is brought to recover a debt or 
 damages any defendant may before or at the time of delivering 
 his defence or at any later time by leave of the court or a judge 
 pay into court a sum of money by way of satisfaction which 
 
JUDICATUKE 407 
 
 sHall be taken to admit the claim or cause of action in respect 
 of which the payment is made; or he may with a defence 
 denying liability (except in actions or coimter claims for libel 
 or slander) pay money into court which shall be subject to the 
 provisions of rule 135 hereof. [E. 255.J C. O. 21, E. 130. 
 
 131. Payment into court shall be signified in the defence Defence to 
 -and the claim or cause of action in satisfaction of which such orf " p*''™®° 
 payment is made shall be specified therein. [E. 256.] C. O. 
 
 21, E. 131. 
 
 132. AVith a defence getting up a tender before action the T«i!<ier before 
 sum of money alleged to have been tendered must be brought 
 
 into court. [E. 257.] C. O. 21, E. 132. 
 
 133. If the defendant pays money into court before deliv- P^y™'^"' 
 ering his defence he shall serve upon the plaintiff a notice delivery 
 specifying both the fact that he has paid in such money and notice to be 
 also the claim or cause of action in respect of which such pay- 
 ment has been made ; and such notice shall be in the following 
 
 form : 
 
 "Take notice that the defendant has paid into court $ 
 
 ,and says that that sum is enough to satisfy the plain- 
 tiff's claim (or the plaintiff's claim for, &c)." [E. 258. 1 CO. 
 21, E. 133. 
 
 134. In the following: cases of payment into court under this Payment out 
 
 ° ^ -^ to plaintiff in 
 
 section, VIZ. : certain cases 
 
 (a) When payment into court is made before delivery of 
 defence ; 
 
 (6) When the liability of the defendant in respect of the 
 claim or cause of action in satisfaction of which the 
 payment into court is made is not denied in the 
 defence ; 
 
 (c) When payment into court is made with a defence 
 setting up a tender of the sum paid ; 
 
 the money paid into court shall be paid out to the plaintiff on 
 his request or to his advocate on the plaintiff's written authority 
 unless the court or a judge shall otherwise order. [E. 259.] 
 C. 0. 21, E. 134. 
 
 135. When the liability of the defendant in respect of the where 
 claim or cause of action in satisfaction of which the payment denies 
 into court has been made is denied in the defence the following acceptance ot 
 
 sum paid m 
 
 rules shall apply : 
 
468 
 
 JUDICATUEE 
 
 (a) The plaintiff may accept in satisfaction of the claim 
 or cause of action in respect of which the payment 
 into court has been made the sum so paid in in which 
 case he shall he entitled to have the money paid out 
 to him as hereinafter provided notwithstanding the 
 defendant's denial of liability whereupon all further 
 proceedings in respect of such claim or cause of 
 action except as to costs shall be stayed ; or the plain- 
 tiff may refuse to accept the money in satisfaction 
 and reply accordingly in which case the money shall 
 remain in court si'i)jeet to the provisions hereinafter 
 mentioned ; 
 
 (b) If the plaintiff accepts the money so paid in he shall 
 after service of such notice in the form following, 
 
 Payment in 
 not accepted 
 
 Proceeding 
 T\ith snit 
 
 "Take notice that the plaintiff accepts the sum 
 of $ paid by you into court in satisfac- 
 
 tion of the claim in respect of which it is paid in," 
 or after delivery of a reply accepting the money 
 be entitled to have the money paid out to himself on 
 request or to his advocate on the plaintiff's written 
 authority unless the court or a judge shall otherwise 
 order ; 
 
 (c) If the plaintiff does not accept in satisfaction of the 
 claim or cause of action in respect of which the pay- 
 ment into court has been made the sum so paid in but 
 proceeds with the action in respect of such claim or 
 cause of action or any part thereof the money shall 
 remain in coiirt and be subject to the order of the 
 court or a judge and shall not be paid out of court 
 except in pursuance of an order. If the plaintiff 
 proceeds with the action in respect of such calim or 
 cause of action or any part thereof and recovers less 
 than the amount paid into court the amount paid in 
 shall be applied so far as is necessary in satisfaction 
 of the plaintiff's claim and the balance (if any) shall 
 under such order be repaid to the defendant. If the 
 defendant succeeds in respect of such claim or cause 
 of action the whole amount shall under such order be 
 repaid to him. [E. 260. J C. 0. 21, K. 135. 
 
 Paymentin 136. The plaintiff when pavment into court is made before 
 
 before defence ,. i ,. • i •' i- n i- ■ j: 
 
 delivery of defence may withm four days after the receipt of 
 notice of such payment or when such payment is first signified 
 in a defence may before reply accept in satisfaction of the claim 
 
JUDICATUKE 469 
 
 or cause of action in respect of which such payment has been Aooeptaroe 
 
 T , 1 . T . . 1.1 1111. . in satisfaction 
 
 made the sinn so paid m m which case he shall give notice to 
 
 the defendant in the form last mentioned and shall be at liberty 
 
 ill case the entire claim or cause of action is thereby satisfied 
 
 to tax his costs after the expiration of four days from the 
 
 service of such notice unless the court or a judge shall other- '^°"<="* t^''®''^''' 
 
 wise order and in case of nonpayment of the costs within 
 
 forty-eight hours after such taxation to sign judgment for his Costs 
 
 costs so taxed. [E. 261.] C. O. 21, R. 136. * 
 
 137. Where money is paid into court in two or more actions Consolidated 
 
 , , . actions 
 
 which are consolidated and the plaintiff proceeds to trial in one 
 and fails the money paid in and the costs in all the actions 
 shall be dealt with under this order in the same manner as in 
 the action tried. [E. 262. J C. 0. 21, E. 137. 
 
 138. A plaintiff may in answer to a counterclaim pay money Counterclaim 
 into court in satisfaction thereof subject to the like conditions 
 
 as to costs and otherwise as upon payment into court by a 
 defendant. [E. 263. J C. O. 21, R. 138. 
 
 139. Money paid into court under an order of the court or a Payment out 
 judge shall not be paid out of court except in pxirsuance of an 
 
 order of the Court or judge : 
 
 Provided that where before the delivery of defence money 
 has been paid into court by the defendant pursuant to an order 
 under the provisions of rule 105 hereof he may (unless the 
 court or a judge shall otherwise order) by his pleading appro- 
 priate the whole or any part of su,ch money and any additional 
 pajTnent if necessary to the whole or any specified portion of 
 the plaintiff's claim ; and the money so appropriated shall 
 thereupon be deemed to be money paid into court pursuant to 
 the preceding rules of this order relating to money paid into 
 court and shall be subject in all respects thereto. [E. 265. J 
 C. 0. 21, R. 139. 
 
 140. In any cause or matter in which a sum of money has Pwsons^ under 
 been awarded to or recovered by an infant or person of unsound ^"^vEi to or 
 mind not so found by inquisition the court or a judge may recovered by 
 at or after the trial order that the whole or any part of such 
 
 sum shall be paid into court to the credit of an account intituled 
 in the cause or matter; and any sum so paid into caurt and 
 any dividends or interest thereon shall be subject to such 
 orders as may from time to time be made by the court or a 
 judge concerning the same and may either be invested or be 
 paid out of court or transferred to such persons to be held and 
 
470 
 
 JUDICATUEE 
 
 applied upon and for such trusts and in such manner as the 
 court or a judge shall direct. [E. 269.J C. O. 21, E. 140. 
 
 DispoBition of 141. Money paid into court or securities purchased under 
 
 securities the provisions of the last preceding rule and the dividends or 
 
 interest thereon shall be sold, transferred or paid out to the 
 
 party entitled thereto pursuant to the order of the court or a 
 
 judge. [E. 270.] C. O. 21, E. 141. 
 
 fiTjormedrf^* 142. Where a cause or matter is tried by a judge with a j^ry 
 p^y^entinto j^Q commuication to the jury shall be made until after the 
 verdict is given either of the fact that money has been paid 
 into court or of the amount paid in. The jury shall be 
 .required to find the amount of the debt or damages as the case 
 may be without reference to any payment into court. [E. 
 275a.J C. 0. 21, E. 142. 
 
 Investment 
 of funds in 
 court 
 
 143. Cash under the control of or subject to the order of 
 the court may be invested in_ Dominion securities upon order 
 ■of a jiidge. [E. 271.J C. O. 21, E. 143. 
 
 Banking 
 moneys paid 
 into court 
 
 144. All moneys paid into court shall ^o soon as received by 
 a clerk or other proper official be deposited in one of the char- 
 tered banks of Canada to be named by the judge the same to 
 be placed to a special account and styled "special account;" 
 each deposit to reap the benefit of such rate of interest as the 
 bank in which the deposit is made may agree to be paid to be 
 from time to time added to the principal; and no moneys 
 ordered to be paid out of court shall be withdrawn from the 
 bank in which the same are deposited unless the cheque for 
 withdrawal of the same is countersigned or initialled by the 
 judge. C. O. 21, E. 144. 
 
 Conversion 145. Notice of every application for the purpose of conver- 
 
 o£ securities. . . . r r 
 
 application for gion of any securities shall be served upon such persons if any 
 as the court or judge may direct. [E. 272. J C. O. 21, E. 145. 
 
 OEDEE XIII. 
 
 MATTERS AEISING PENDING THE ACTION. 
 
 ?epiTto°etofr 1^^- "^^y ground of defence which has arisen after action 
 ci'aim'arisen hrought but before the defendant has delivered his statement 
 afteraction q£ defence and before the time limited for his doing so has 
 
JtJDICATUEE 471 
 
 expired may be raised by the defendant in his statement of 
 defence either alone or together with other grounds of defence ; 
 and if after a statement of defence has been delivered any 
 ground of defence arises to any set off or counterclaim alleged 
 therein by the defendant it may be raised by the plaintiff in 
 his reply either alone or together with any other ground of 
 reply. [E. 278.] C. O. 21, E. 146. 
 
 147. Where any ground of defence arises after the defendant Ground of 
 
 . , . . T defence or 
 
 has delivered his statement of defence or after the time limited reply arisen 
 
 after pleading 
 
 for his doing so has expired the defendant may and where any 
 ground of defence to any set off or counterclaim arises after Further 
 
 o 'J answer may 
 
 reply or after the time limited for delivering a reply has be served 
 expired the plaintiff may within eight days after such ground 
 of defence has arisen or at any subsequent time by leave of the 
 court or judge deliver a fiirther defence or further reply as 
 the case may be setting forth the same. [E. 279.J C. O. 21, 
 E. 147. 
 
 148. Whenever any defendant in his statement of defence or ^^J*^^^"^" 
 in any further statement of defence as mentioned in the last 
 preceding rule alleges any ground of defence which has arisen 
 
 after the comiaencement of the action the plaintiff may deliver 
 a confession of such defence and may thereupon unless other- 
 wise ordered by the judge have judgment for his costs up to 
 the time such defence was pleaded. [E. 280.] C. O. 21, E- 
 148. 
 
 OEDEE XIV. 
 
 EAISING POINTS OF LAW^ EJO. 
 
 149. Any party shall be entitled to raise by his pleading any Pomts of law 
 point of law and any point so raised shall be disposed of by the pleading 
 judge who tries the cause at or after the trial provided that by Disposal of 
 consent of the parties or by order of the judge on the applica- 
 tion of either party the same may be set down for hearing and 
 disposed of at any time before the trial. [E. 282.] C. O. 21, 
 
 E. 149. 
 
 150. If in the opinion of the court or judge the decision of J;jdgme«t^^ 
 such point' of law substantially disposes of the whole action raised Sisposes 
 or of any distinct cause of action, ground of defence, set off, 
 counterclaim or reply therein the court or judge may there- 
 upon dismiss the action or make such order therein as may be 
 
 just. [E. 283.] 0. O. 21, E. 150. 
 
JUDICATUKE 
 
 Frivolous or 151. The coTirt or iudffe may order any pleading to be 
 
 actions ' struck out OH the ground that it discloses no reasonable cause 
 
 of action or answer and in any such case or in the case of the 
 
 Pleading action or defence being shown Ijv the pleadings to be frivolous 
 
 disclosing no ° . " i ,1 j.- j. "U 
 
 cause of action or vexatious the court or -indge may order tne action to be 
 
 or answer j ct u t i • 
 
 Stayed or dismissed or judgment to be entered accordingly as 
 may be just. [E. 2S-1-.J G. 0. 21, K. 151. 
 
 162. No action or proceeding shall be open to objection on 
 the ground that a merely declaratory judgment or order is 
 sought thereby and the court or judge may make binding 
 declarations of right whether any consequential relief is or 
 could be claimed or not. [E. 285.] C. O. 21, E. 152. 
 
 Declaratory 
 judgments 
 
 ORDEE XV. 
 
 EEPLY OE CLOSE OF PLEADIXGS. 
 
 Time for reply 153. A plaintiff shall deliver his reply if any within eight 
 days after the defence or the last of the defences shall have 
 been delivered unless the time shall be extended by the court 
 or judge. [E. 27(3. J C. 0. 31, E. 153. 
 
 Pleading 154. Xo pleading subsequent to reply other than a joinder 
 
 to reply » of issuc shall be pleaded without leave of the court or a judge 
 and then shall be pleaded only upon such terms as the court 
 or judge shall think fit. [E. 277.] C. 0. 21, E. 154. 
 
 rime for 
 
 155. Subject to the last preceding rule every pleading sub- 
 sequent to reply shall be delivered within eight days after the 
 delivery of the ptevious pleading unless the time shall be 
 extended by the court or a judge. C. O. 21, E. 155. 
 
 Default in 
 reply or 
 subsequent 
 pleading 
 
 Effect of 
 
 156. If the plaintiff does not deliver a reply or any party 
 does not deliver any subsequent pleading wuthin the period 
 allowed for that purpose the pleadings shall be deemed to be 
 closed at the expiration of that period and all ^the material 
 statements of fact in the pleading last delivered shall be 
 deemed to have been denied and put in issue. [E. 302.] C. 0. 
 21, E. 156. 
 
 Close of 
 pleadings 
 
 157. As soon as any party has joined issue upon the pre- 
 ceding pleading of the opposite party simply without adding 
 any further or other pleading thereto or has made default as 
 mentioned in the preceding rule the pleadings betvsreen such 
 parties shall be deemed to be closed. C. O. 21, E. 157. 
 
JUDICATUKE 473 
 
 ORDER XVI. 
 
 DEFAULT OF PLEADING. 
 
 158. If the plaintiff's claim be only for a debt or liquidated claim for 
 demand and the defendant does not within the time allowed 
 
 for that purpose deliver a defence the plaintiff may at the 
 expiration of such time enter final judgment for the amount 
 claimed with costs. [E. 291. J C. 0. 21, R. 158. 
 
 159. When in any such action as in the last preceding rule Default of one 
 
 or TiifiFft 
 
 mentioned there are several defendants if one of them make defendants 
 default as- mentioned in the last preceding rule the plaintiff 
 may enter final judg-raent against the defendant so making 
 default and issue execution upon such judgment without pre- 
 judice to his right to proceed with his action against the other 
 defendants. [E. 292.] C. 0. 21, R. 159. 
 
 160. If- the plaintiff's claim be for detention of goods and claim 
 pecuniary damages or either of them and the defendant or all damages 
 the defendants if more than one make default in delivering 
 
 a defence within the time allowed for that purpose the judge 
 may on application of the plaintiff assess the value of the goods 
 and amount of the damages or either of them as the case may 
 be or order that they shall be ascertained in any way he may 
 direct and judgment shall be entered thereupon with costs of 
 suit. [E. 293.] C. O. 21, R. 160. 
 
 161. When in any such action as in the preceding rule men- Default of one 
 tioned there are several defendants if one or more of them defendants 
 make default as in that rule defined the plaintiff may enter an 
 interlocutory judgment against the defendant or defendants so 
 making default and proceed with his action against the others 
 
 and in such case the value and amount of damages against the 
 defendant making default shall be assessed at the same time 
 with the trial of the action or issues therein against the other 
 defendants unless the court or a judge shall otherwise direct. 
 [E. 294.] C. O. 21, R. 161. 
 
 162. If the plaintiff's claim be for a debt or liquidated ciaim 
 
 .,, ■cin • ^ liquidated 
 
 demand and also for detention or goods and pecuniary damages demand and 
 or pecuniary damages only and any defendant make default damages 
 in delivering his defence as aforesaid the plaintiff may enter 
 final judgment for the debt or liquidated demand and also 
 enter interlocutory judgment for the value of the goods and 
 the damages or the damages only as the case may be and pro- 
 ceed as mentioned in the last two preceding rules. [E. 295. J 
 CO. 21, R. 162. 
 
474 
 
 JUDICATUEE 
 
 Recovery 
 of land 
 
 163. In an action for the recovery of land if the defendant 
 makes default in delivering a defence as aforesaid the plain- 
 tiff may enter a judgment that the person whose title is asserted 
 m the writ of summons shall recover possession of the land 
 with his costs. [E. 296.] C. O. 21, E. 163. 
 
 Claim for 
 mesne proflta, 
 .arrears of 
 rent or 
 damages 
 
 164. Where the plaintiff's claim is for mesne profits, arrears 
 of rent or double value in respect of the premises claimed or 
 any part of them or damages for breach of contract or wrong 
 or injury to the premises claimed in an action for the recovery 
 of land if the defendant makes default in delivering a defence 
 as aforesaid or if there be more than one defendant some or 
 one of the defendants make such default the plaintiff may 
 enter judgment against the defaulting defendant or defendants 
 and proceed as provided for in rules 160 and 161 hereof. [E. 
 297.] C. O. 21, E. 164. 
 
 Where a 
 defence is 
 delivered 
 to part of 
 claim only 
 
 165. If the plaintiff's claim be for a debt or liquidated 
 demand, the detention of goods and pecuniary damages or for 
 any such matters or for the recovery of land and the defendant 
 delivers a defence which purports to offer an answer to a part 
 only of the plaintiff's alleged cause of action the plaintiff may 
 by leave of the court or a judge enter judgment final or inter- 
 locutory as the case may be for the part unanswered provided 
 that the imanswered part consists of a separate cause of action 
 or is severable from the rest as in the case of part of a debt or 
 liquidated demand ; provided also that where there is a counter- 
 claim execution on any judgment as above mentioned in respect 
 to the plaintiff's claim shall not be issued without leave of the 
 court or a judge. [E. 298.] 0. O. 21, E. 165. 
 
 other actions, 166. In all Other actions than those in the preceding rules 
 
 defendant ci-/~vt • itiii-t 
 
 in default of this Order mentioned if the defendant makes default in 
 delivering a defence the opposite party may apply to the court 
 or a judge for such judgment if any as upon the pleadings he 
 may appear to be entitled to; and the court or judge may 
 order judgment to be entered accordingly or make such other 
 order as may be necessary to do complete justice between the 
 parties. [E. 300.] C. O. 21, E. 166. 
 
 Where more 
 than one 
 defendant 
 
 167. Where in any such action as mentioned in the last 
 preceding rule there are several defendants then if one of such 
 defendants make such default as aforesaid the plaintiff may 
 either (if the cause of action is severable) set down the action 
 at once on motion for judgment against the defendant so 
 
JUDICATDEE 4Y5 
 
 making default or may set it down against him at the time when 
 it is entered for trial or set down on motion for judgment 
 against the other defendants. [E. 301. J C. O. 21, K. 167. 
 
 168. In any case in which issues arise in an action other than Defanit by 
 between plaintiff and defendant if any party to any such issue than piaMff 
 makes default in delivering any pleading the opposite party "'' ^''''""^*"^ 
 may apply to the court or a judge for such judgment if any as 
 upon the pleadings he may appear to be entitled to; and the 
 court or judge may order judgment to be entered accordingly 
 or may make such other order as may be necessary to do com- 
 plete justice between the parties. [E. 303. J 0. O. 21, K. iSS. 
 
 OEDEE XVII. 
 
 SETTING DOWW EOE TEIAL. 
 
 169. After the close of the pleadings the plaintiff may at any Application 
 time on notice to the defendant apply to the judge for and'"^^''^""'" 
 obtain an order setting down the cause for trial at such time 
 
 and place as the judge shall direct; but if such application be 
 not made within three months after the close of the pleadings Dismissal tor 
 the defendant on notice may apply for and obtain an order to prosecution 
 the like effect or that the plaintiff's action be dismissed out of 
 court with costs to the defendant; but the judge may instead 
 of dismissing the action at once order such dismissal to take 
 effect from a future date unless the plaintiff meanwhile pro- 
 ceeds with his action; 
 
 (2) If the plaintiff having obtained an order setting the Plaintiff 
 
 , ,..1 T , 1 11 neglecting 
 
 cause down for trial neglects to set the cause down and proceed to set down 
 
 ftftcr ord.Gr 
 
 to trial in pursuance thereof the defendant may apply to the made 
 judge for an order dismissing the action and the judge may 
 thereupon make such order as he may deem proper. 0. 0. 21, 
 E. 169. 
 
 170. On the application to set a cause down for trial if the jury in 
 action be for slander, libel, false imprisonment, malicious pro- 
 secution, seduction, breach of promise of marriage or if the 
 action arises out of a tort, wrong or grievance in which the 
 damages claimed exceed $500 or if the action be for debt or 
 founded on contract wherein the amount claimed or the dam- 
 ages sought to be recovered exceed $1,000 or if the action be for 
 
 the recovery of real property and either party signify his desire 
 
476 JUDICATUEE 
 
 to have the issues of fact therein tried by a judge with a jury 
 or the judge so directs the same shall be tried by a jury. C. 0. 
 21, E. 170. 
 
 bylury" '"''' ^'''^" "^^^ Order for setting down a cause for trial by jury 
 shall state by whom the necessary fees to be paid out shall be 
 furnished and the party so named 'shall deposit with the clerk 
 such sum as said clerk considers sufficient for the payment of 
 jurors' fees and the expenses of summoning a sufficient number 
 of persons to form the jury and the clerk shall after the trial 
 
 Costs of jury pg^^ ^jjg g^j^ jury and summoning fees and if any balance of 
 the money so deposited with him remains unused after paying 
 such fees return such balance to the party who deposited the 
 same. C. 0. 21, K. 171. 
 
 ^"^^ 172. The jury for the trial of issiies of fact in civil causes 
 
 shall consist of six persons whose verdict shall be unanimous. 
 C. 0. 21, E. 172. 
 
 Notice of trial 173. When a cause may have been set down for trial such 
 notice shall be given as the order setting down directs. C. 0. 
 21, E. 173. 
 
 OEDEE XVIII. 
 
 DISCONTINUANCE. 
 
 Discontinu- 174. The plaintiff may at any time before receipt of the 
 
 withdrawal ofdcfcndaut's defence or after the receipt thereof before taking 
 after°defe'nce any other proceeding in the action (save any interlocutory 
 application) by notice in writing wholly discontinue his action 
 against all or any of the defendants or withdraw any part or 
 parts of his alleged cause of complaint and thereupon he shall 
 Costs ps-y such defendant's costs of the action or if the action be not 
 
 wholly discontinued the costs occasioned by the matter so with- 
 drawn. Such costs shall be taxed and such discontinuance or 
 withdrawal as the case may be shall not be a defence to any 
 Subsequent Subsequent action. Save as herein otherwise provided it shall 
 not be competent for the plaintiff to withdraw the record or 
 discontinue the action without leave of the court or judge but 
 the court or judge may before or at or after the hearing or 
 Discontinu- trial upon such terms as to the costs and as to any other action 
 stages and otherwise as may be just order the action to be discon- 
 
 tinued or any part of the alleged cause or complaint to be 
 struck out. The court or judge may in like manner and with 
 
 action 
 
JUDICATURE 4^^ 
 
 th(3 like discretion as to terms upon the application of a defend- 
 ant order the whole or any part of his alleged grounds of 
 defence or counterclaim to be withdrawn or struck out but it wuhdrawai 
 shall not be competent to a defendant to ^vithdraw his defence coimterollim 
 or any part thereof without such leave. [E. 286. J C. O. 21, 
 E. 174. 
 
 175. When a cause has been entered for trial it may be with- withdrawal 
 drawn by either a plaintiff or defendant upon producing to the for u-fai'''"'' 
 •clerk of the court a consent in writing signed by the parties. 
 
 [E. 287.J C. O. 21, E. 175. 
 
 176. Any defendant may have judgment for the costs of the Judgment 
 action if it is wholly discontinued against him or for the costs 
 occasioned by the matter withdrawn if the action be not wholly 
 discontinued, in case such respective costs are not paid within 
 
 two days after taxation. [E. 2S8.J C. O. 21, E. 176. 
 
 177. If any subsequent action shall be brought before pay- stay of 
 ment of the costs of a discontinued action for the same or aeuo^n pending 
 substantially the sanie cause of action the court or judge may^*^^"'^"' 
 
 if deemed proper order a stay of such subsequent action until 
 such costs shall have been paid. [E. 289.J C. O. 21, E. 177. 
 
 OEDEE XIX. 
 
 AMEND JIENT. 
 
 178. The court or a judge ijiay at any stage of the proceed- Amendment 
 ings allow either party to alter or amend his statement of claim 
 
 or pleadings in such manner and upon such terms as may be 
 just and all such amendments shall be made as may be neces- 
 sary for the purpose of determining the real questions in 
 controversy between the parties. [E. 305.] C. 0. 21, E. 178. 
 
 179. The plaintiff may without any leave amend his state- Amendment 
 ment of claim once at any time before the expiration of the witho™ leave 
 time limited for reply and before replying. [E. 306. J C. 0. 
 
 21, E. 179. 
 
 180. A defendant wlio has set up any coimterclaim may Amendment' 
 without any leave amend such counterclaim at any time before oiainrwithou 
 the expiration of the time allowed him for answering the reply. 
 
 [-E. 307.] C. O. 21, E. 180. 
 
478 
 
 JUDICATTTBE 
 
 Disallowance 
 of improper 
 amendment 
 
 181. Where any party has amended his pleading under 
 either of the two preceding rules the opposite party may within 
 eight days after the delivery to him of the amended pleading 
 apply to the court or a judge to disallow the amendment or 
 any part thereof and the court or judge may if satisfied that 
 the justice of the case demands it disallow the same or allow it 
 subject to such terms as to costs or otherwise as may be just. 
 [E. 308.] C. O. 21, E. 181. 
 
 Pleading to 
 amendments 
 
 Default of 
 
 182. "Where a party has amended his pleadings (unless 
 otherwise ordered) the opposite party shall plead to the 
 amended pleading or amend his pleading within the time he 
 then has to plead or within eight days from the delivery of 
 the amendment whichever last shall expire; and in case the 
 opposite party has pleaded before the delivery of the amend- 
 ment and does not plead again or amend within the time above 
 mentioned he shall be deemed to rely on his original pleading 
 in answer to such amendment. [E. 309. J C. O. 21, R. 182. 
 
 Leave to 
 
 amend 
 
 applicatiOD 
 
 Terms 
 
 183. In all cases not provided for by the preceding rules 
 of this order application for leave to amend may be made by 
 either party to -the court or a judge or to the judge at the trial 
 of the action and such amendment may be allowed upon such 
 terms as to costs or otherwise as may be just. [E. 310.] C. 0. 
 21, E. 183. 
 
 Failure to 
 amend after 
 order 
 
 184. If a party who has obtained an order for leave to amend 
 does not amend accordingly within the time limited for that 
 purpose by the order or if no time is thereby limited then 
 within fourteen days from the date of the order such order to 
 amend shall on the expiration of such limited time as aforesaid 
 or of such fourteen days as the case may be become ipso facto 
 void unless the time is extended by the court or a judge. [E. 
 311.J C. 0. 21, E. 184. 
 
 Manner of 185. Any Statement or pleading may be amended by written 
 
 alterations in the copy which has been delivered and by addi- 
 tions on paper to be interleaved therewith if necessary imless 
 the amendments require the insertion of more than 144 words 
 in any one place or are so numerous or of such a nature that 
 the making them in writing would render the document 
 difficult or inconvenient to read in either of which cases the 
 amendment must be made by delivering a printed or written 
 copy of the document as amended. [E. 312.] C. O. 21, E. 
 185. 
 
JUDICATURE 479 
 
 186. Whenever any statement or pleadina: is amended the Marking 
 
 " ^ ° amended 
 
 same when amended shall be marked with the date of the pleading 
 order if any under which the same is so amended and of the 
 day on which such amendment is made in manner following, 
 viz. : "Amended day of (pursuant to 
 
 order of , dated the day of )." [E. 
 
 313.J C. O. 21, E. 186. 
 
 187. Whenever any statement or pleading is amended such amended"' 
 amended document shall be delivered to the opposite party '"'^'''^'"^ 
 within the time allowed for amending the same. [E. 314.] 
 
 C. O. 21, R. 187. 
 
 188. Clerical mistakes in iudgments or orders or errors Mistakesin 
 
 •" ° judgments 
 
 arising therein from any accidental slip or omission may at any or orders 
 time be corrected by the court or judge on motion or summons 
 without an appeal. [E. 315.J C. O. 21, E. 188. 
 
 189. The court or a judge may at any time and on suchpowe?to 
 terms as to costs or otherwise as the court or judge may think "'"^"^ 
 just amend any defect or error in any proceedings and all 
 necessary amendments shall be made for the purpose of deter- 
 mining the real question or issue raised by or depending on the 
 proceedings. [E. 316.] 0. O. 21, E. 189. 
 
 190. The costs of and occasioned by any amendment shall be amend°4ent 
 borne by the party making the same unless the court or judge 
 
 shall otherwise order. [E. 317.] C. O. 21, E. 190. 
 
 OEDEE XX. 
 
 DISOOVBEY OF DOCUMENTS^ ETC. 
 
 191. The plaintiff shall at the expiration of the time for^^fX^ 
 delivery of defence and the defendant shall after delivery of «is«o^e'-y 
 defence be entitled on application to the judge ex parte to an 
 order directing any other party to any cause or matter to make 
 discovery by affidavit of the documents which are or have been 
 
 in his possesion or power relating to any matter in question 
 therein. 0. O. 21, E. 191. 
 
 192. The affidavit to be made by a party against whom such fifeovlry"' 
 order as is mentioned in the last preceding rule has been made objections to 
 shall specify which if any of the documents therein mentioned production 
 he objects to produce. [E. 355.] C. O. 21, E. 192. 
 
480 
 
 JL'DICATUKE 
 
 Production of 193. It shall be lawful for the court or iudge at any time 
 
 documents . j o ./ 
 
 during the pendency of any cause or matter to order the pro- 
 duction by any party thereto upon oath of such of the docu- 
 ments in his possesion or power relating to any matter in 
 question in such cause or matter as the court or judge shall 
 think right; and the court may deal with such documents 
 when produced in such manner as shall appear just.' [E. 356. J 
 C. 0. 21, K. 193. 
 
 Inspection of 
 documents 
 
 or affidavits 
 
 194. Every party to a cause or matter shall be entitled at 
 pieaYings*" '° ^^^ time by notice in w:^iting to give notice .to any other party 
 in whose pleadings or affidavits reference is made to any docu- 
 ment to produce such document for the inspection of the party 
 giving such notice or of his advocate and to permit him or 
 them to take copies thereof ; and any party not complying with 
 such notice shall not afterwards be at liberty to put any such 
 document in evidence in his behalf in such caiise or matter 
 unless he shall satisfy the court or judge that such dociunent 
 relates only to his own title he being a defendant to the cause 
 or matter or that he had some other cause or excuse which the 
 court or judge shall deem sufficient for not complying with 
 such notice ; in which case the court or judge may allow the 
 same to be put in evidence on such terms as to costs and other- 
 wise as the court or judge shall think fit. [E. 357.] C. 0. 21, 
 E. 194. 
 
 time'^and 195. The party to whom such notice is given shall within 
 
 of*inspection ^^^'^ days from the receipt of such notice if all the documents 
 therein referred to have been set forth by him in such affidavit 
 as is mentioned in rule 192 hereof or if any of the documents 
 referred to in such notice have not been set forth by him in 
 any such affidavit then within four days from the receipt of 
 such notice deliver to the party giving the same a notice 
 Objections to stating a time within three days from the deliverv thereof at 
 
 production I'lii iVi it i* 
 
 which the documents or such oi them as he does not object to 
 produce may be inspected at the office of his advocate or in 
 case of banker's books or other books of account or books in 
 constant use for the purpose of any trade or business at their 
 usual place of custody and stating which if any of the docu- 
 ments he objects to produce and on what groimd. [E. 359. J 
 C. 0. 21, K. 195. 
 
 Order for 
 inspection 
 
 196. If the party served with notice under the last preceding 
 rule omits to give such notice of a time for inspection or 
 objects to give inspection or offers inspection elsewhere than 
 at the office of his advocate the judge may on application of 
 
JUDIOATUEE 481 
 
 the party desiring it make an order for inspection at isuch 
 place and in such manner as he may think fit ; and except in 
 the case of documents referred to in the pleadings or affidavits 
 of the party against whom the application is made or disclosed 
 in his affidavit of documents, such application shall be founded 
 upon an affidavit showing of what documents inspection is 
 sought, that the party applying is entitled to inspect them and 
 that they are in the possession or power of the other party. 
 [E. 360.J CO. 21, K. 196. 
 
 197. If the party from whom discovery of any kind or DiHcovery or 
 
 ,1. , , -, inspection 
 
 inspection is sought omects to the same or any part thereof the maybe 
 
 . 7 p . . . reserved 
 
 judge may if satisfied that the right to the discovery or inspec- 
 tion sought depends on the determination of any issue or 
 question in dispiite in the cause or matter or that for any 
 other reason it is desirable that any issue or question in dispute 
 in the caiise or matter should be determined before deciding 
 upon the right to the discovery or inspection, order that such 
 issue or question be determined first and reserve the question 
 as to the discovery or inspection. [E. 362. J C. 0, 21, R. 197. 
 
 198. If any person fails to comply with any order for dis- ^n^^"""™^''' 
 covery or inspection of documents he shall be liable to attach- J^j^^^'oyg"^ 
 ment for contempt of court. He shall also if a plaintiff be o"* inspection 
 liable to have his action dismissed for want of prosecution and Penalty 
 
 if a defendant to have his defence if any struck out and to be 
 placed in the same position as if he had not defended and the 
 party interrogating may apply to that effect and an order may 
 be m'ade accordingly. [E. 363.J C. O. 21, R. 198. 
 
 199. Service of an order for discovery or inspection made Service of 
 against any party on his advocate shall be sufficient service to 
 found an application for an attachment for disobedience to 
 
 the order ; but the party against whom the application for an 
 attachment is made may show in answer to the application 
 that he has had no notice or knowledge of the order. [E. S64.] 
 C. 0. 21, R. 199. 
 
 200. An advocate upon whom an order against any party for ;^pdv°^«^f^«g ^^ 
 discovery or inspection is served under the last preceding rule jnform^^ ^^^^^ 
 who neglects without .reasonable excuse to give notice thereof 
 
 to his client shall be liable to attachment. [E. 365. J C. O. 
 21, R. 200. 
 
482 
 
 JUDIOATUKE 
 
 OKDEK XXI. 
 
 EXAMINATION FOE DISCOVERY. 
 
 Examination 
 of parties 
 before 
 trial 
 
 201. Any party to an action whether plaintiff or defendant 
 or in the case of a body corporate any one who is or has been 
 one of the officers of such body corporate may without any 
 special order for the purpose be orally examined before the 
 trial touching the matters in question in any action by any 
 party adverse in point of interest and may be compelled to 
 attend and testify in the same manner upon the same terms and 
 subject to the same rules of examination as any witness except 
 as hereinafter provided. C. 0. 21, E. 201. 
 
 Person 
 
 beneficially 
 
 interested 
 
 202. A person for whose immediate benefit an action is 
 prosecuted or defended is to be regarded as a party for the 
 purpose of examination. C. O. 21, E. 202. 
 
 When 
 
 examination 
 may take 
 place 
 
 203. The examination on the part of a plaintiff may take 
 place at any time after the statement of defence of the party to 
 be examined has been delivered or after the time for delivering 
 the same has expired; and the examination on the part of a 
 defendant may take place any time after such defendant has 
 delivered his statement of defence; and the examination of a 
 party to an issue at any time after the isstie has been filed. 
 C. 0. 21, E. 203. 
 
 Conduct 
 money 
 
 Examining 204. Whenever a party is entitled to examine another party 
 
 he may procure an appointment therefor from the clerk or any 
 deputy clerk or process issuer in the judicial district where the 
 action was commenced for the examination as hereinafter 
 riamination Provided of such party before such clerk, deputy clerk or pro- 
 and" 8u"wni '^^^^ issucr at whosc office such examination is to be held ; and 
 the party to be examined (upon being served with a copy of 
 the appointment and a subpcena and upon payment of the 
 proper fees) shall attend thereon and submit to examination. 
 
 (£) Such examination shall be held at the office of the clerk, 
 deputy clerk or process issuer nearest to the place where the 
 party to be examined resides. C. O. 21, E. 204. 
 
 Appointment 205. The party examining shall serve a copy of the appoint- 
 on advocate meut upon the advocate of the party to be examined if he has 
 
 an advocate in the cause at least forty-sight hours before the 
 
 examination. C. O. 21, E. 205. 
 
 before other" ^^^- ^V°^ application to the court or a judge an order may 
 wUhTu^ ^^ made for the examination of any party liable to be exam- 
 
 jurisdiotion 
 
JTJDIOATUEE 483 
 
 ined as aforesaid before any other person or in any other place 
 whether within or without the jurisdiction of the court than 
 those before mentioned and upon service of a copy of the 
 appointment of a person before whom the examination is to 
 take place and a copy of the order upon the party to be exam- 
 ined and upon payment of the proper fees he is to attend and 
 submit to examination. A copy of the appointment shall be 
 served upon the advocate of the party or his agent at least 
 forty-eight hours before the examination. C. O. 21, E. 206. 
 
 207. The party or person to be examined shall if so required Notice to 
 
 duce hi 
 [ papers 
 
 by notice produce on the examination all books, papers and and^papers """^ 
 documents which he would be bound to produce at the trial 
 under a subpoena duces tecum. C. O. 21, R. 207. 
 
 208. In the event of any witness on his examination, cross- Certified 
 examination or re-examination producing any book, document, documents 
 letter, paper or writing and refusing for good cause to be 
 
 stated in his deposition to part with the original tliereof then a 
 copy thereof or extract .therefrom certified by the examiner to 
 be a true and correct copy or extract shall be attached to the 
 depositions and form part thereof. C. 0. 21, R. 208. 
 
 209. Any party or officer so examined may be further exam- purther 
 ined on his own behalf or on behalf of the body corporate of on party's own 
 which he is or has been an officer in relation to any matter 
 respecting which he has been examined in chief ; and when one 
 
 of several plaintiffs or defendants has been examined any 
 other plaintiff or defendant united in interest may be examined 
 on his o^A-n behalf or on behalf of those united with him in 
 interest to the same extent as the party examined. 0. 0. 21, 
 E. 209. 
 
 210. Such explanatory examination shall be proceeded with Explanatory 
 
 ^ -^ 1 • c T examination 
 
 immediately after the examination in chief and not at any 
 future period except by leave of the court or a judge and for Time for 
 the purposes of this and the preceding rule when the officer of 
 a body corporate has been so examined as aforesaid on behalf 
 of the body corporate the body corporate shall be deemed to 
 be fully represented by such officer. C. 0. 21, E. 210. 
 
 211. Any party or person examined orally under the P^®" ^°^^V^^^^f ^ 
 ceding rules of this order sTiall be subject to cross examination eS"""* "'°' 
 and re-examination ; and such examination, cross examination 
 
 and re-examination shall be conducted as nearly as may be in 
 the mode in use on a trial. C. O. 21, E. 211. 
 
484: 
 
 JUDICATUKE 
 
 Production 212. A party to the action who admits Tipon his examination 
 
 of dooiinienta i , , . , . i i 
 
 for inspection that he has m his custody or power any deed, paper, writing or 
 document relating to the matters in question in the cause upon 
 the order of the person before whom he is examined shall 
 produce the same for his inspection and for that purpose a 
 reasonable time shall be allowed ; but no party shall be obliged 
 to produce any deed, paper, writing or document which is 
 privileged or protected from production. C. O. 21, R. 212. 
 
 Appeal from 213. Either party may appeal from the order of the exam- 
 order iner and thereupon the examiner shall certify under his hand 
 
 the question raised and the order made thereon. C. 0. 21, 
 
 E. 213. 
 
 Refusal to 
 attend 
 answer, etc. 
 
 Penalty 
 
 214. Any party or person refusing or neglecting to attend 
 at the time and place appointed for his examination or refusing 
 to be sworn or to answer any lawful question put to him by 
 the examiner or by any party entitled so to do or his counsel, 
 ii.dvocate or agent shall be deemed guilty of a contempt of 
 court and proceedings n;ay be forthwith had by attachment. 
 If a defendant he shall be liable to have his defence if any 
 striick out and be placed in the same position as if he had not 
 defended ; and the party examining may apply to the court or 
 a judge to that effect and an order may be made accordingly. 
 C. 0. 21, E. 214. 
 
 Objections 
 by witness 
 
 Decision as 
 to yalidity 
 
 215. If the party or person under examination demurs or 
 objects to any question, or questions put to him the question or 
 questions so put and the objection of the witness thereto shall 
 be taken down by the examiner and transmitted by him to 
 the office of the court where the pleadings are filed to be there 
 filed ; and the validity of such objection shall be decided by the 
 court or a judge; and the costs of and occasioned by such 
 objection shall be in the discretion of the court or a judge. 
 C. 0. 21, E. 215. 
 
 Form and 
 completion of 
 deposition 
 
 216. Subject to rules 218, 219 and 220 hereof the deposi- 
 tions taken upon any such oral examination as aforesaid shall 
 be taken do^vn in writing by the examiner not ordinarily by 
 question and answer but in the form of a narrative expressed 
 in the first person ; and when completed shall be read over to 
 the party examined and shall be signed by him in the persence 
 cf the parties or of such of them as may think fit to attend. 
 C. 0. 21, E. 216. 
 
 217. In case the party or person examined refuses or is 
 
 Witness not 
 signing 
 
 deposition unable to sign the depositions then the examiner shall sign 
 
JUDICATUEE 485 
 
 the same : and the examiner may upon every examination state Report of 
 any special matter to the court if he thinks fit. C. 0. 21, E. 
 217. 
 
 218. It shall be in the discretion of the examiner to put Question and 
 
 1 answer, 
 
 down any particular question or answer if there appears to be objections, etc. 
 any special reason for so doing and any question or questions 
 objected to shall at the request of either party be noticed or 
 referred to by the examiner in or upon the depositions ; and Recording in 
 he shall state his opinion thereon to the counsel, advocates, 
 agents or parties and if requested by either party he shall on 
 the face of the depositions refer to such statement. C. O. 21, 
 K. 218. 
 
 219. In case of an examination before the trial or otherwise Deposition 
 than at the trial of an action if the examining party desires to shortimnd 
 have such examination taken in shorthand he shall be 
 entitled to have it so taken at the place of examination except 
 where the court or a judge sees fit to order otherwise. CO. 
 
 21, E. 219. 
 
 220. Where an examination in a cause or proceeding is Form and 
 
 . ^7 completion of 
 
 taken by the examiner or any other authorised person m short- shorUiand 
 hand the examination may be taken down by question and 
 answer; and in such cases it shall not be necessary for the 
 depositions to be read over to or be signed by the person exam- 
 ined unless the judge so directs where the examination is taken 
 before a judge or in other cases unless any of the parties so 
 desires. C. O. 21, E. 220. 
 
 221 A copv of the deposition so taken certified by the certified copy 
 person taking the same as correct shall for all purposes have the 
 same effect as the original depositions in ordinary cases. C. O. 
 21, E. 221. 
 
 222. Wherever any such examination of any party or witness Filing , 
 has been taken before a clerk of the supreme court or betore 
 any officer or other person authorised or appointed to take the 
 same the depositions taken down by the examiner shall at the 
 request of any party interested and on payment of his fees be 
 returned to and kept in the office of the clerk of the court 
 in which the proceedings are being carried on ; and office copies 
 of such depositions may be given out and the examinations certified 
 and depositions certified under the hand of the examiner evidence 
 taking the same or a copy thereof certified under the hand of 
 the clerk of the court shall without proof of the signattire be 
 received and read in evidence saving all just exceptions. C. O. 
 21, E. 222. 
 
486 JUDICATURE 
 
 o'examine?''' ^^^- Every person taking examinations may and if need be 
 shall make a special report to the court "in which such proceed- 
 ings are pending touching such examinations and the conduct 
 or absence of any witness or other person thereon or relating 
 thereto; and the court shall institute such proceedings and 
 make such order upon such report as justice may require and 
 as may be instituted and made in any case of contempt of 
 court. C. O. 21, E. 223. 
 
 Use of 
 examination 
 
 224. Any party may at the trial of an action or issue or 
 at trial upon any application or motion use in evidence any part of the 
 
 examination of the opposite parties : 
 
 Provided always that in such case the judge may look at the 
 whole of the examination and if he is of opinion that any other 
 part is so connected with the part to be so used that the last 
 mentioned part ought not to be used without such other part 
 he may direct such other part to be put in evidence. 
 
 (2) Where an officer of a corporation has been examined 
 under rule 201, the whole or any part of the examination may 
 he used as evidence hy any party adverse in interest to the 
 corporation, and shall he evidence accordingly ; hut in the case 
 of a part only heing used the corporation may put in as explan- 
 atory any other pctrt of the examination which is so connected 
 with the part to he so used that the last mentioned part ought 
 not to he used without such explanatory part, or may use the 
 remainder of the examination of the officer as evidence on the 
 part of the corporation. 
 
 {3) Where a person who has heen an-officer of a corporation 
 has heen examined under rule 201 the luhole or any part of his 
 examination may hy leave of the judge he used in the same 
 manner as in the preceding suhrule provided in respect to the 
 examination of an existing officer of a corporation hut this 
 suhrule shall not apply to the case of an officer who has heen 
 dismissed from the service of the corporation before service of 
 the appointment for the examination. C. O. 21, "R. 224, 
 amend, by 1902, c. 5, s. 1. 
 
 examhfations 225. The costs of every interlocutory viva voce examination 
 and cross examination shall he borne hy the party who exam- 
 ines unless otherwise ordered by ihe court or a judge. 1901,. 
 c. 10, s. 4. 
 
JUUICATUKE 487 
 
 ORDER XXII. 
 
 ADMISSIONS. 
 
 226. Any party to a cause or matter may give notice by his >foticepf 
 pleading or otherwise in writing that he admits the truth of o'™cts°" 
 the whole or any part of the case of any other party. [E. 371.] 
 
 .0. 21, R. 226. 
 
 227. Either party may call upon the other party to admit Notice to 
 any document saving all just exceptions ; and in case of refusal doSiments 
 or neglect to admit after such notice the costs of proving any costs: 
 such document shall be paid by the party so neglecting or rVf used"^^'""^ 
 refusing whatever the result of the cause or the matter may be ei^^^°° "°' 
 unless at the trial or hearing the judge is satisfied that the 
 
 refusal to admit was reasonable ; and no costs of proving any 
 document shall be allowed unless such notice be given except 
 where the omission to give the notice is in the opinion of the 
 judge a saving of expense. [E. 372.] C. O. 21, R. 227. 
 
 228. Any party may by notice in writing at any time not Notice tc 
 later than twelve days before the day fixed for trial call on any *'^™'' '^"'^ 
 other party to admit for the purposes of the cause, matter or 
 
 issue only any specific fact or facts mentioned in such notice ; 
 
 and in case of refusal or neglect to admit the same within six 
 
 days after service of such notice or within such further time as 
 
 may be allowed by a judge the cost of proving such fact or 
 
 facts shall be paid by the party so neglecting or refusing what- costs where 
 
 ever the result of the cause, matter or issue may be unless at ref™sed°" 
 
 the trial or hearing the judge is satisfied that the refusal to 
 
 admit was reasonable : 
 
 Provided that any admission made in pursaance of such Effect of 
 notice is to be deemed to be made only for the purposes of the 
 particular cause, matter or issue and not as an s 'Imission to be 
 used against the party on 'any other occasion or in favour of 
 any person other than the party giving the notice : 
 
 Provided also that the judge may at any tinie allow any Admissions 
 party to amend or withdraw any admission ao made on such Amendment 
 
 , . n-r-i ^1,4-1 r^ /-v r>H T> nnn OF Withdrawal 
 
 terms as may be just. [E. 374.] C. O. 21, R. 228. 
 
 229. Any party may at any stage of a cause or matter where judgment on 
 admissions of fact have been made either on the pleadings or ^ '""''"°"'' 
 otherwise apply to a judge for such judgment or order as upon 
 
 such admissions he may be entitled to without waiting for the 
 determination of any other question between the parties and 
 the judge may upon such application make such order or give 
 such judgment as the judge may think just. [E. 376.] C. 0. 
 21, R. 229. 
 
488 
 
 JUDICATUKE 
 
 Evidence of 
 admissions 
 
 230. An affidavit of the advocate or his clerk of the due 
 signature of any admissions made in pursuance of any notice to 
 admit documents or facts shall be sufficient evidence of such 
 admissions if evidence thereof be required. [E. 377.] C. 0. 
 21, E. 230. • 
 
 Notice to 
 admit or 
 produce 
 
 Costs 
 
 231. If a notice to admit or produce comprises documents 
 which are not necessary the costs occasioned thereby shall be 
 borne by the party giving such notice. [E. 379. J C. O. 21, 
 K. 231. 
 
 OEDER XXIII. 
 
 ISSUES^ IXQUIEIES AIN'D ACCOUNTS. 
 
 Issues of fact, 232. Where in any cause or matter it appears to the court 
 
 preparing and ■' ^^ rv • ^ 
 
 settling or judge that the issues of fact in dispute are not sufficiently 
 
 defined the parties may be directed to prepare issues and such 
 issues shall if the parties differ be settled by the court or judge. 
 [E. 380.J C. 0. 21, E. 232. 
 
 Inquiries and 233. The court Or a ludgc may at any stage of the proceed- 
 
 accounts.when ^ ^ j o ^ i/ ^ o ^ jr ^ 
 
 and how taken iugs in a causc Or matter direct any necessary inquiries or 
 accounts to be made or taken and may direct the same to be 
 taken by the clerk or other competent person notwithstanding 
 that it may appear that there is some special or further relief 
 scught for or some special issue to be tried. as to vs^hich it may 
 be proper that the cause or matter should proceed in the 
 ordinary manner. [E. 381.J C. O. 21, E. 233. 
 
 Actions for 
 account 
 
 Special 
 directions as 
 to mode of 
 taking 
 account 
 
 234. In cases where the statement of claim is for an account 
 or involves the taking of an account if the defendant either 
 fails to appear or does not after appearance satisfy the judge 
 that there is some preliminary question to be tried the plaintiff 
 may obtain an order directing the taking of proper accounts; 
 and in cases in which the plaintiff in the first instance desires 
 to have an account taken the statement of claim shall request 
 the same. [E. 121. J C. 0. 21, E. 234. 
 
 235. The judge may either by the judgment or order 
 directing an account to be taken or by any subsequent order 
 give special direction with regard to the mode in which the 
 account is to be taken or vouched and in particular may direct 
 that in taking the account the books of account in which the 
 recounts in question have been kept shall be taken as prima 
 
JUDICATUEE 489 
 
 facie evidence of the truth of the matters therein contained 
 vdth liberty to the parties interested to talce such objections 
 thereto as they may be advised. [E. 382. j C. 0. 21, K. 235. 
 
 236. Where any account is directed, to be taken the Account 
 accounting party unless the judge shall otherwise direct shall 
 
 make out his account and verify the same by affidavit. The verification 
 items on each side shall be numbered consecutively and- the 
 account shall be referred to by the affidavit as an exhibit and 
 be filed in court. [E. 383.] 0. O. 21, E.236. 
 
 237. Upon taking of any account the court or judge may Production 
 direct that the vouchers shall be produced at the office of the 
 advocate of the accounting party or at any other convenient contested 
 place and that only such items as may be contested or sur- 
 charged shall be brought before the judge in chambers. [E. 
 383a.] C. O. 21, K. 237. 
 
 238. Any party seeking to charge any accounting party surciiarge 
 beyond what he has by his account admitted to have received 
 
 shall give notice thereof to the accounting party stating so far 
 as he is able the amount sought to be charged and the particu- 
 lars thereof in a short and succinct manner. [E. ,384.] C. 0. 
 21, E. 238. 
 
 239. Everv iudsment or order for a general account of the inquiry as to 
 
 •J J o ■ o . -. outstanding 
 
 personal estate of a testator or intestate shall contain a direc- estate 
 tion for an inquiry as to what parts if any of such personal 
 estate are outstanding or undisposed of unless the court or 
 judge shall otherwise direct. [E. 385.J C. O. 21, E. 239. 
 
 240. Where by any judgment or order whether made iii ^^^J^^'^'Jf o^ 
 court or by the judge any accounts are directed to be taken or ^^^°f^^^ <"■ 
 inquiries to be made each such direction shall be numbered so 
 
 that as far as may be each distinct account and inquiry may be 
 designated by a number with such variations as the circum- 
 stances of the case may require. [E. 386.] C. O. 21, E. 240. 
 
 241. In taking any account directed by any judgment or Just^^^^^^ 
 order all just allowances shall be made vs^ithout any direction 
 
 for that purpose. [E. 387.] C. O. 21, E. 241. 
 
 242. If it shall appear to the judge that there is any undue ExpedUm|^ 
 delay in the prosecution of any accounts or inquiries or in any 'j;«*«« °*^i^y 
 other proceedings under any judgment or order the judge may 
 require the party having the conduct of the proceedings under 
 
490 
 
 JUDICATURE 
 
 any judgment or order or any other party to explain the delay 
 and may thereupon make such order with regard to expediting 
 the proceedings or the conduct thereof or the stay thereof and 
 as to the costs of the proceedings as the circumstances of the 
 case may require ; and for the purposes aforesaid any party 
 may be directed to summon the persons whose attendance is 
 required and to conduct any proceedings and carry out any 
 directions which may be given ; aiid any costs of such party so 
 directed shall be paid by such parties or out of such fimds as 
 the judge may direct. [E. 388.] C. O. 21, E. 242. 
 
 Inquiry and Reference as to Damages. 
 
 Ascertain- 
 ment of 
 damages 
 
 243. In every action or proceeding in which it shall appear 
 to the court or judge that the amount of damages sought to be 
 recovered is substantially a matter of calculation the court or 
 judge may either fix the amount or direct that the amount for 
 which final judgment is to be entered shall be ascertained by 
 an officer of the court or other person; and the attendance of 
 witnesses and the production of documents before such officer 
 or other person may be compelled by subpoena; and such 
 oQicer or other person may adjourn the inquiry from time to 
 time and shall indorse upon the order for referring the amount 
 of damages to him, the amount found by him and shall deliver 
 the order with such indorsement to the clerk of the court and 
 such and the like proceedings may thereupon be had as to 
 taxation of costs, entering judgment and otherwise as in ordin- 
 ary cases. [E. 481.] C. O. 21, E. 243. 
 
 Where 
 continuing 
 cause of 
 action 
 
 244. Where damages are to be assessed in respect of any 
 continuing cause of action they shall be assessed down to the 
 time of assessment. [E. 482.] C. O. 21, E. 244. 
 
 SUMMAEY IlfQUIRIES INTO ¥EAUDULEIfT TEANSFEES. 
 
 Originating 
 summons 
 
 Inquiry 
 into alleged 
 fraudulent 
 conveyances 
 
 245. Where a judgment creditor or a person entitled to 
 money under a judgment or order alleges that the debtor or 
 person who is to pay has made a conveyance of his property 
 whether real or personal which is void as being made to delay, 
 hinder or defraud creditors or a creditor an originating sum- 
 mons may be issued by the judgment creditor calling upon the 
 judgment debtor or person who is to pay or who has acquired 
 any interest thereunder to show cause why the property 
 embraced in such conveyance or a competent part thereof 
 should not be sold to realise the amount to be levied under the 
 execution. [E.S.O. 187Y, c. 49, s. lO.j C. O. 21, E. 245. 
 
JUDICATURE 491 
 
 246. Where any judgment creditor in an action or a person For equitable 
 entitled under a judgment or order as aforesaid alleges- that 
 the debtor or person who is to pay is entitled to or has an 
 interest in any property which under the former practice 
 could not be sold under legal process but could be tendered 
 available in an action for equitable execution by sale for satis- 
 faction of the debt, an originating summons may be issued by 
 the creditor calling upon the debtor or person who is to pay and 
 the trustee or other person having the legal estate in the pro- 
 perty or the interest therein of the debtor or the person who is 
 to pay to show cause why the property or a competent part 
 of the said property should not be sold to realise the amount to 
 be levied under the execution. [K.S.O. 1877, c. 49, s. 11.] 
 C. O. 21, K. 246. 
 
 ^47. Upon any application under either of the two preceding issue or 
 rules such proceedings shall be had either in a summary way 
 or by the trial of an issue or by inquiry before an officer of the 
 court or. other wis'e as the court or judge may deem necessary 
 or convenient for the purpose of ascertaining the truth of the 
 matters in question and whether the property or the debtor's 
 or other person's interest therein is liable for the satisfaction 
 of the execution. [E.S.O. 1877, c. 49, s. 12.J C. 0. 21, 
 R. 247. 
 
 248. Where in a summary way or upon the trial of an issue Order for sale 
 or as the result of any inquiries under the three preceding 
 
 rules any property or the interest of any debtor or other person 
 therein is found liable to be sold an order shall be made by the 
 court or judge declaring what property or what interest therein 
 is liable to be sold and directing the sale thereof according to 
 the usual practice. [E.S.O. 1877, c. 49, s. 14.J C. 0. 21, 
 R. 248. 
 
 249. Pending any such issue or inquiry any interim in June- interim 
 tion order may be issued or a receiver appomted to prevent or receiver 
 the transfer or other disposition of the property. C. 0. 21, 
 
 R.' 249. 
 
 ORDER XXIV. 
 
 SPECIAL CASE. 
 
 250. The parties to any cause or matter at any stage of the Sperfaicase 
 cause or matter or without any previous proceedings having 
 been instituted may concur in stating the questions of law 
 
492 JUDICATUEE 
 
 arising therein in the" form of a special case for the opinion of 
 the court. Every such special case shall be divided into para- 
 graphs numbered consecutively and shall concisely state such 
 facts and documents as may be necessary to enable the court to 
 decide the questions raised thereby. Upon the argument of 
 such case the court and the parties shall be at liberty to refer 
 to the whole contents of such documents and the court shall 
 be at liberty to draw from the facts and documents stated in 
 ■ any special case any inference whether of fact or law which 
 might have been drawn therefrom if proved at a trial. [E. 
 389.] C. 0. 21, K. 250. 
 
 fruestionof ^^^- ^^ ^^ ^ppear to the court or judge that there is in any 
 ordertetore'' ^ause or matter a question of law which it would be convenient 
 '■"'ai to have decided before any evidence is given or any question 
 
 or issue of fact is tried or before any reference is made to a 
 referee the court or judge may make an order accordingly and 
 may direct such question of law to be raised for the opinion of 
 the court either by special case or in any such other manner as 
 the court or judge may deem expedient and all such further 
 proceedings as the decision of such question of law may render 
 unnecessary may thereupon be stayed. [E. 390. J C. O. 21, 
 R. 251. 
 
 wh^ereperlon 252. jSTo Special case in any cause or matter to which a 
 dfsaboity married woman (not being a party thereto in respect of her 
 IS party separate property or of any separate right of action by or 
 
 against her) , infant or person of unsound mind not so found by 
 judicial decision is a party shall be set down for argument 
 w'ithout leave of the court or judge, the application for which 
 must be supported by sufficient evidence that the statements 
 contained in such special case so far as the same affect the 
 interest of such married woman, infant or person of unsound 
 mind are true. [E. 392.] C. 0. 21, R. 252. 
 
 f^fpa^ent 2^3. The parties to a special case may if they think fit enter 
 aocorduig to i^ito an agreement in writing that on the judgment of the 
 speoiafcase court being given in the affirmative or negative of the questions 
 of law raised "by the special case a sum of money fixed by the 
 parties or to be ascertained by the court or in such manner as 
 the court may direct shall be paid by one of the parties to the 
 other of them either with or withoi^t costs of the cause or 
 matter ; and the judgment of the court may be entered for the 
 sum so agreed or ascertained with or without costs as the case 
 may be and execution may issue upon such judgment in the 
 ordinary way unless otherwise agreed or unless stayed on 
 appeal. [£."394.] C. 0. 21, R. 253. 
 
JUDICATUKE 493 
 
 OEDEE XXV. 
 
 TJIIAL. 
 
 254. If when a trial is called on the plaintiff appears and Defendant not 
 the defendant does not appear the plaintiff may prove his claim ^p''^*""*' 
 
 so far as the burden of proof lies upon him. [E. 455. J C. 0. 
 21, E. 254. 
 
 255. If when a trial is called on the defendant appears and piaintiff not 
 the plaintiff does not appear the defendant if he has no counter-'"''"'"""^ 
 claim shall be entitled to judgment dismissing the action but 
 
 if he has a counterclaim then he may prove such counterclaim 
 so far as the burden of proof lies upon him. [E. 45 6. J C. 0. 
 21, E. 255. 
 
 256. Any verdict or judgment obtained where one party judgment 
 does not apear at the trial may be set ; aside by the court or ^ 
 judge upon such terms as may seem fit upon an apjjlication ® '"^asi e 
 within fifteen days after the trial. [E. 457.] C. O. 21, 
 
 E. 256. 
 
 257. The judge may if he thinks it expedient for the inter- postponement 
 ests of justice postpone or adjourn a trial for such time and 1o adjournment 
 such place and upon such terms if any as he shall think fit; 
 
 but no trial shall be postponed upon the grpund of the absence 
 of a material witness unless the affidavit upon which the appli- 
 cation is made distinctly states that the deponent believes and 
 is advised that the party on whose behalf the application is 
 made has a just cause of action or defence upon the merits and 
 that the application is not made solely for delay. [E. 458.] 
 C. 0. 21, E. 257. 
 
 258. Where through accident or mistake or other cause any Accidental 
 party omits or fails to prove some fact material to his case the prove material 
 judge may proceed with the trial subject to such fact being 
 afterwards proved at such time and subject' to such terms and 
 conditions as to costs and otherwise as the judge shall direct 
 and if the case is being tried by a jury the judge may direct 
 the jury to find a verdict as if such fact had been proved and 
 the verdict shall take effect on such fact being afterwards, 
 proved as directed; and if not so proved judgment shall be 
 entered for the opposite party unless the court or judge other- 
 wise directs. This rule shall not apply to actions for libel or 
 slander. 0. 0. 21, E. 258. 
 
494 
 
 JUDICATCEE 
 
 Speeches to 
 jury 
 
 259. Upon a trial with a jury the addresses to the jury shall 
 be regulated as follows : the party who begins or his counsel 
 shall be allowed at the close of his case if his opponent does 
 not announce any intention to adduce evidence to address the 
 jury a second time for the purpose of summing up the evidence 
 and the opposite party or his counsel shall be allowed to open 
 his case and also to sum up the evidence if any and the right 
 to reply shall be the same as in England. [E. 460. J C. 0.' 
 21, E. 259. 
 
 Cross 
 examination 
 
 Vexatious or 
 
 irrelevant 
 
 questions 
 
 260. The judge may in all cases disallow any questions put 
 in cross examination of any party or other witness which may 
 appear to him to be vexatious and not relevant to any matter 
 proper to be inquired into in the cause or matter. [E. 462.] 
 C. O. 21, R. 260. 
 
 Delivery of 
 judgment 
 
 261. The judge shall at or after trial direct judgment to be 
 entered as he shall think right and no motion for judgment 
 shall be necessary in order to obtain such judgment. [E. 463.] 
 C. 0. 21, E. 261. 
 
 OEDEE XXVI. 
 
 EVIDENCE, ETC. 
 
 I — Evidence Generally. 
 
 Evidence 
 may be taken 
 by examiner 
 
 Judgment 
 thereon or 
 new trial 
 
 262. In any action the judge may direct the evidence either 
 wholly or in part to be taken by any clerk of the court or by 
 any other competent person ; which clerk or other person shall 
 be sworn to take the same truly and to reduce it to writing and 
 on the return of the evidence the judge may give judgment 
 upon the evidence taken by the clerk or other person as afore- 
 said or may order a new trial when justice seems to require the 
 same. C. 0. 21, E. 262. 
 
 Witnesses to 
 be examined 
 viva vocB 
 unleso 
 otherwise 
 agreed or 
 ordered 
 
 263. In the absence of any agreement in writing between 
 the parties or their advocates and subject to the provisions of 
 this Ordinance the witnesses at the trial of any action or at 
 any assessment of damages shall be examined viva voce and in 
 open court but the court or judge may at any time for sufficient 
 reason order that any particular fact or facts may be proved 
 by afGdavits or that the affidavit of any witness may be read at 
 the hearing or trial on such conditions as the court or judge 
 may think reasonable or that any Avitness whose attendance in 
 
JUDICATUKE 495 
 
 court ought for some sufficient cause to be dispensed with be 
 examined by interrogatories or otherwise before a commissioner 
 or examiner : 
 
 Provided that where it appears to the court or judge that 
 the other party bona fide desires the production of a witness 
 for cross examination and that such witness can be produced an 
 order shall not be made authorising the evidence of such wit- 
 ness to be given by affidavit. [E. 483.] C. O. 21, R. 263. 
 
 264. An order to read evidence taken in another cause or Readins 
 matter shall not be necessary but such evidence may saving all taken in other 
 
 ° causes 
 
 ]ust exceptions be read by leave of the court or judge. [E. 
 485.] C. O. 21, E. 264. 
 
 265. Copies of all writs, records, pleadings and documents ofiice copies 
 filed in court when certified by the clerk shall be admissible evidence 
 in evidence in all causes and matters and between all persons or 
 parties to the same extent as the original would be admissible. 
 
 [E. 486.] C. O. 21, E. 265. 
 
 266. Impounded documents while in the custody of the impounded 
 
 ^ 1 • 1 documents 
 
 court are not to be parted with; and arc not to be inspected 
 except on a written order signed by the judge on whose order 
 they were impounded ; or in case of documents impounded on 
 the order of the court en banc by an order of that court such 
 documents shall not be delivered out of the custody of the court 
 except on an order made on motion in open court. [E. 611a..] 
 C. O. 21, E. 266. 
 
 II. — Examination of Witnesses. 
 
 267. The court or judge may in any cause or matter when Orferfor ^^ 
 it shall appear necessary for the purposes of justice make any of witness 
 order for the examination upon oath viva voce or by interroga- 
 tories in writing before the court or judge or any officer of the 
 
 court or any other person and at any place of any witness or 
 person and may empower any party to any such cause or 
 matter to give such deposition in evidence therein on such 
 terms if any as the court or judge may direct. [E. 487.] CO. 
 21, R. 267."^ 
 
 268. The' court or judge may in any cause or matter at any Order tor^ 
 stage of the proceedings order the attendance of any person for of documents 
 the purpose of producing any writings or other documents 
 
 named in the order which the court or judge may think fit to 
 be produced: 
 
496 
 
 JITDICATUEE 
 
 Provided that no person shall he compelled to produce under 
 any such order any writing or other document which he could 
 not be compelled to produce at the hearing or trial. [E. 489.J 
 C. O. 21, E. 268. 
 
 to ordtr'^"''^ 269. Any person wilfully disobeying any order requiring his 
 attendance for the purpose of being examined or of producing 
 any document shall be deemed guilty of contempt of court and 
 may be dealt with accordingly. [E. 490.J C. 0. 21, K. 269. 
 
 Conduct 
 money 
 
 270. Any person required to attend for the purpose of being 
 examined or of producing any document shall be entitled to the 
 like conduct money and payment for expenses and loss of time 
 as upon attendance at a trial in court. [E. 491.] C. 0. 21, 
 R. 270. 
 
 Copy of 271. Where any witness or person is ordered to be examined 
 
 proceedings to fr' c i t c -i 
 
 be furnished before any officer of the court or before any person appointed 
 
 examiner /. i • • i n i 
 
 for the purpose the person taking the examination shall be 
 furnished by the party on whose application the order was 
 made with a copy of the proceedings in the cause or with a copy 
 of the documents necessary to inform the person taking the 
 examination of the questions at issue between the parties. [E. 
 492.J C. 0. 21, R. 271. 
 
 Conduct of 272. The examination shall take place in the presence of the 
 
 examination , , ^ ^ ^ 
 
 parties, their counsel, advocate or agent and the witnesses shall 
 be subject to cross examination and re-examination. [E. 493. J 
 C. O. 21, R. 272. 
 
 Reading and 
 signatures 
 
 Depositions, 273. The depositions taken before an officer of the court or 
 
 mode of ^ . ..,. 
 
 taking before any other person appointed to take the examination shall 
 
 be taken down in writing by or in the presence of the examiner 
 not ordinarily by question and answer but so as to represent as 
 nearly as may be the statement of the witness and when com- 
 pleted shall be read over to the witness and signed by him in 
 the presence of the parties or such of them as may think fit to 
 attend. If the witness shall refuse to sign the depositions the 
 examiner shall sign the same. The examiner may put down 
 Questions and ^^7 particular question or answer if there should appear any 
 answers special reason for doing so and may put any question to the 
 
 witness as to the meaning of any answer or as to any matter 
 arising in the course of the examination. Any questions which 
 may be objected to shall be taken down by the examiner in the 
 depositions and he shall state his opinion thereon to the 
 advocate or parties and shall refer to such statement in the 
 
 Objections 
 
JUDICATURE 491 
 
 depositions but he shall not have the power to decide upon the 
 materiality or relevancy of any question. [E. 494. J C. 0. 
 21, E, 273. 
 
 274. If any person duly summoned by subpcena to attend for Disobedience 
 
 . '' J- of witness 
 
 examination shall refuse to attend or if having attended he 
 shall refuse to be sworn or to answer any lawful question a 
 certificate of such refusal signed by the examiner shall be filed 
 in court and thereupon the party requiring the attendance of 
 the witness may apply to the court or judge ex parte or on 
 notice for an order directing the witness to attend or to be 
 sworn or to answer any question as the case may be. [E. 495. J 
 C. O. 21, E. 274. 
 
 2(5. If any witness shall obiect to any questions which may objections 
 
 , • 1 ,. ■ , • X 1 ^-u by witness 
 
 be put to him before an examiner the question so put and tne 
 objection of the witness thereto shall be taken down by the 
 examiner and transmitted by him to the court to be there filed 
 and the validity of the objection shall be decided by the court 
 or judge. [E. 496.] C. 0. 21, E. 275. 
 
 276. If it shall be made to appear to the judge that a witness witness 
 
 1 n 1 • • X J. 1 disobeying 
 
 has been duly served with a subpoena and his tees tor travel subpoena 
 and attendance paid or tendered to him and that such witness 
 refuses or neglects to attend to give evidence as required by his 
 subpoena and that his evidence is necessary ^nd material it shall 
 be lawful for the judge in addition to any powers which he may 
 possess for the punishment of such witness to issue a warrant warrant for 
 . under his hand and seal directed to any sheriff or other ofiicer 
 or officers for the immediate arrest of such witness to be 
 brought before the court or person authorised to hear the 
 evidence for the purpose of giving evidence in the cause. C. 0. 
 21, E. 276. 
 
 277. In any case under the three last preceding rules the cost^^^amst 
 court or judge shall have power to order the witness to pay ^""«^« 
 any costs occasioned by his refusal or objection. [E. 497.] 
 
 0. O. 21, E. 277. 
 
 278. When the examination of any witness before any exam- Re^turn.ot ^ 
 iner shaU have been concluded the original depositions 
 authenticated by the signature of the examiner shall be 
 returned by him to the clerk of the court to whom the same is 
 returnable and by him shall be filed. [E. 498.] C. O. 21, 
 E. 278. , ,-_ : 
 
498 
 
 JUDICATUEE 
 
 bylxamine?"^' ^'^^^ '^^^ person taking the examination of a witness under 
 the provisions of this order may and if need be shall make a 
 special report to the court touching such examination and the 
 conduct or absence of any witness or other person thereon and 
 the court or judge may direct such proceedings and make such 
 order as upon the report they or he may think just. [E. 499.] 
 C. 0. 21, E. 279. 
 
 Depositions, 
 use of in 
 evidence 
 
 280. Except where it is otherwise provided or may be 
 directed by the court or judge no deposition shall be given in 
 evidence at the hearing or trial of the cause or matter without 
 the consent of the party against whom the same may be offered 
 unless the court or judge is satisfied that the deponent is dead 
 or beyond the jurisdiction of the court or unable from sickness 
 or other infirmity to attend the hearing or trial in any of which 
 cases the depositions certified under the hand of the person 
 taking the examination shall be admissible in evidence saving 
 all just exceptions without proof of the signature to such certi- 
 ficate. [E. 500. J C. 0. 21, K. 280. 
 
 Oatha 
 
 281. Any ofiicer of the court or other person directed to 
 take the examination of any witness or person may administer 
 oaths. [E. 501. J C. 0. 21, E. 284. 
 
 Examination 
 for use in 
 proceedings 
 in cause 
 
 Cross 
 
 examination 
 on affidavit 
 
 282. Any party in any cause or matter may by subpoena 
 ad testificandum or duces tecum require the attendance of any 
 witness before an officer of the court or other person appointed 
 to take the examination for the purpose of using his evidence 
 upon any proceeding in the cause or matter in the like manner 
 as such witness should be bound to attend and be examined at 
 the hearing or trial ; and any party or witness having made an 
 affidavit to be used or which shall be used on any proceeding 
 in the cause or matter shall be bound on being served with 
 such subpoena to attend before such officer or person for cross 
 examination. [E. 502.] C. 0. 21, E. 282. 
 
 SJenaner ^^'^' Evidence taken subsequently to the hearing or trial of 
 
 trial a^y cause or matter shall be taken as nearly as may be in the 
 
 same manner as evidence taken at or with a view to a trial. 
 
 [E. 503.J C. 0. 21, E. 283. 
 
 faktog"^"" 284. The practice with reference to the examination, cross 
 
 evidence examination and re-examination of witnesses at a trial shall 
 extend and be applicable to evidence taken in any cause or 
 matter at any stage. [E. 504.J C. O. 21, E. 284. 
 
JUDICATURE 499 
 
 285. The practice of the court with respect to evidence at a Special 
 trial when applied to evidence to be taken before an officer of to taking 
 the court or other person in any cause or matter after the 
 hearing or trial shall be subject to any special directions which 
 
 may be given in any case. [E. 505.] C. O. 21, R. 285. 
 
 286. No affidavit or. deposition filed or made before issue Notice to use 
 
 ^ afSdavit or 
 
 joined in any cause or matter shall without special leave of the '^?P°?^j'°"^ 
 court or judge be received at the hearing or trial thereof itnless 
 within one naonth after the cause is at issue or within such 
 longer time as may be allowed by special leave of the court or 
 a judge notice in writing shall have been given by the party 
 intending to use the same to the opposite party of his intention 
 in that behalf. [E. 506.] C. O. 21, R. 286. 
 
 287. All evidence taken at the hearing or trial of any cause ^y^f^'""' 
 
 at 
 
 or matter may be used in any subsequent proceedings in the ^^^^j'l"^"' 
 cause or matter. [E. 507-] C. O. 21, E. 287. 
 
 287a. Upon the applicatioji of any party to a cause or EvW|^nce^i° 
 matter at or before the trial the judge may order that the 
 evidence at the trial shall he tahen in shorthand hy some com- 
 petent person to he named hy the judge and may give such 
 'directions as to the costs occasioned hy the taking of the 
 evidence in shorthand as to him may seem meet. 
 
 {2) The stenographer taking the notes of evidence shall 
 as soon as possible transcribe the same into longhand and after 
 Jiaving certified the correctness of the transcripiion shall deliver 
 the same to the judge who shall compare the same ivith his 
 notes of evidence and if the said transcription differs in any 
 material respect from his notes of evidence correct the same to 
 correspond with his said notes and thereupon certify the said 
 transcription and deposit the same with the clerk a.nd the 
 ■transcription when so certified by the stenographer and the 
 judge shall be deemed to be the evidence. 
 
 {3) Any copy of the evidence certified by the said steno-- 
 grapher or by the said clerk shall without proof of signature , 
 have the same validity as if it were the original evidence. 
 
 (.4) Any stenographer before proceeding to take the evi- 
 dence at any trial shall take the folloiuing oath before the 
 judge-and a record of such oath having been taken shall be 
 
 made by the clerk : 
 
 X do solemnly and sincerely 
 
 promise and swear that I will faithfidly report the evidence 
 
 and proceedings at the trial in this case. So help vie God. 
 
 1902, c. 5, s. 2. 
 
500 
 
 JUDICATURE 
 
 Shorthand 2.S7b. The Lieutenant Govern.or in, Council may appoint 
 
 one or more official shortliand ivriters for the purpose of taking 
 and reporting the evidence at trials and may fix their remun- 
 eration. 
 
 {2) Every such reporter shall he an officer of the court and 
 shall hold office during the pleasure of the Lieutenant Gover- 
 nor in Council and shall perform such, other duties as may he 
 assigned to hi in hy order of the Lieutenant Governor in 
 Council. 
 
 (S) Every such reporter shall taJce the following oath before 
 a judge of the court and the same shall he filed hy the cleric: 
 
 [ do solemnly and sincerely 
 
 promise and swear that I will faithfully take and report the 
 evidence and proceedings at the trial in each case in which it 
 may he my duty to act as shorthand reporter, So help me God. 
 
 (Ji.) Any copy of the evidence or any portion thereof certi- 
 fied hy the reporter taking the same or hy the clerk of the court 
 ■with whom the same has been filed shall for all purposes have 
 the same effect ns the original evidence. 1903, Sess. 1, c. 8, 
 s. 1. 
 
 III. — Subpoena. 
 
 Subpoena for 288. "When a subpoena is reqiiired for the attendance of a 
 chambers witness for the purpose of proceedings in chambers such sub- 
 
 pcena shall issue from the clerk's office upon a note from the 
 
 judge. [E. 510. j C. O. 21, E. 288. 
 
 Service of 
 subpoena 
 
 Action to 
 
 perpetuate 
 
 testimony 
 
 Witnesses 
 
 289. The service of a subpcena shall be effected by delivering 
 ii copy of the writ and of the indorsement thereon and at the 
 same time producing the original writ. [E. 514.J C. 0. 21, 
 E. 289. 
 
 IV. — Perpetuating Testimony. 
 
 290. Any person who shall under the circumstances alleged 
 by him to exist become entitled upon the happening of any 
 future event to any oifice or to any estate or interest in any 
 property real or personal the right or claim, to which cannot 
 by him be brought to trial before the happening of such event 
 may commence an action to perpetuate any testimony which 
 may be material for establishing such right or claim. [E. 
 517.] C. 0. 21, E. 290. 
 
 291. AYitnesses shall not be examined to perpetuate testi- 
 mony unless an action has been commenced for the purpose. 
 [E. 519.J C. 0. 21, E. 291. 
 
 Trial 
 
 !92. Xo action to perpetuate the testimony of witnesses 
 
 shall be set down for trial- [E. 520.] 
 
 C. O. 21, E. 292. 
 
JUDICATURE 501 
 
 OEDER XXVII. 
 
 AFFIDAVITS AND DEPOSITIONS. 
 
 293. Upon any motion, petition or summons evidence may Evidence on 
 be given by affidavit ; but the court or judge may on the appli- '"'''■'°"^' *''''■ 
 cation of either party order the attendance for cross examina- 
 tion of the persons making any such affidavit and may make Cross 
 
 . . ^ ° '' "^ examination 
 
 such interim order or otherwise as appears necessary to meet 
 the justice of the case. [E. 521. j C. O. 21, E. 293. 
 
 294. Every affidavit shall be intituled in the cause or matter intituling 
 m which it IS sworn ; but m every case m which there is more 
 
 than one plaintiff or defendant it shall be sufficient to state the 
 full name of the first plantiff or defendant respectively and 
 that there are other plaintiffs or defendants as the case may 
 be; and the costs occasioned by any unnecessary prolixity in 
 any such title shall be disallowed. [E. 522.J C. 0.- 21, E. 
 294. 
 
 295. Affidavits shall be confined to such facts as the witness Afadavits 
 
 confined to 
 
 is able of his own knowledge to prove except on interlocutory facts 
 motions on which statements as to his belief with the grounds 
 thereof may be admitted. The costs of every affidavit which sutements 
 shall unnecessarily get forth matters of hearsay or argumen- 
 tative matter or copies of or extracts from documents shall be 
 paid by the party filing the same. [E. 523. J C. O. 21, E. 
 295. 
 
 296. Affidavits sworn in the Xorth-AYest Territories shall he Officers for 
 sworn before a judge, clerk of the court or deputy clerk, notary 
 public, justice of the peace or commissioner empowered to 
 administer oaths. [E. 524.] C. 0. 21, E. 296. 
 
 297. Every person administering oaths shall express theJura^tjtoe 
 time when and the p]ace where he shall take any affidavit orofoatii 
 recognizance ; otherwise the same shall not be held authentic 
 
 nor be admitted to be filed without the leave of the court or 
 judge. [E. 525.J C. O. 21, E. 297. 
 
 298. All exarainatious, affidavits, declarations, affirmations offlcers^tor^ 
 and attestations in causes or matters depending in the sunreme Territories 
 court may be sworn and taken out of the X"orth-West Terri- 
 tories in any part of the Dominion of Canada or in Great 
 Britain or Ireland, or the Channel Islands, or in any colony, 
 
 island or plantation, or place under the dominion of her 
 
502 
 
 JDDICATUEE 
 
 Majesty in foreign parts before any judge, coiirt, notary public 
 or person lawfully authorised to administer oaths in such 
 country, colony, island, plantation or place respectively or 
 before any of her Majesty's consuls or vice consuls in any 
 foreign part out of her Majesty's dominions or before a judge 
 of a court of record or a notary public under his hand and seal 
 or before a ■ commissioner appointed for the purpose of taking 
 affidavits outside of the iSTorth-West Territories to be used 
 within the said Territories or a commissioner duly appointed 
 by the judge for such purpose and the judges and other officers 
 of the supreme court shall take judicial notice of the seal or 
 signature as the case may be of any such court, judge, notary 
 public, person, consul or vice consul, attached, appended or 
 subscribed to any such examinations, affidavits, affirmations, 
 attestations and declarations. ' [E. 626. J C. O. 21, K. 298. 
 
 Form of 
 affidavits 
 
 299. Every affidavit shall be dra^vn up in the first person 
 and shall be divided into paragraphs and every paragraph shall 
 be numbered consecutively and as nearly as may be shall be 
 confined to a distinct portion of the subject. ISTo costs shall be 
 allowed for any affidavit or part of an affidavit substantially 
 departing from this rule. [E. 527.] C. O. 21, K. 299. 
 
 ?fXp?nin"t ^^^- Every affidavit shall state the description and true place 
 Signature ^f abode of the deponent and shall be signed by him. [E. 528.] 
 CO. 21, E. 300. 
 
 Affidavits by 
 
 several 
 
 deponents 
 
 301. In every affidavit made by two or more deponents the 
 names of the several persons making the affidavit shall be 
 inserted in the jurat except that if the affidavit of all the- 
 deponents is taken at one time by the same officer it shall be 
 sufficient to state that it was sworn by both or all of the "above- 
 named" deponents. [E. 529.J C. O. 21, E. 301. 
 
 tobemed *'"' ^^2. Every affidavit used in a cause, matter or proceeding 
 shall be filed. [E. 530.] C. O. 21, E. 302. 
 
 Scandalous 
 matter 
 
 303. The court or judge may order to be struck out from 
 any affidavit any matter which is scandalous and may order 
 the costs of any application to strike out such mattei: to be paid 
 by the offending party. [E. 531.J C. 0. 21, E. 303. ' 
 
 Alterations In 
 affidavits 
 
 304. jSTo affidavit having in the jurat or body thereof any 
 interlineation, alteration or erasure shall without leave of the 
 court or judge be read or made use of in any matter depending 
 in court unless the interlineation or alteration (other than by 
 erasure) is authenticated by the initials of the officer taking 
 
JUDICATURE 503 
 
 the affidavit nor in the case of an erasure unless the words or 
 figures appearing at the time of taking the affidavit to be 
 written on the erasure are written and signed or initialled in 
 the margin of the affidavit by the officer taking it. [E. 532.] 
 C. 0. 21, E. 304. 
 
 "-> 
 
 305. Where an affidavit is sworn by any person who appears Affidavits by 
 to the officer taking the affidavit to be illiterate or blind the blind person 
 officer shall certify in the jurat that the affidavit was read in 
 
 his presence to the deponent, that the deponent seemed perfectly 
 to understand it and that the deponent made his signature 
 or mark in the presence of the officer. No such affidavit shall 
 be used in evidence in the absence of this certificate unless the 
 court or judge is otherwise satisfied that the affidavit was read 
 over to and appeared to be perfectly understood by the depon- 
 ent. [E. 533.] C. O. 21, E. 305. 
 
 306. The court or judge may receive any affidavit sworn for use of 
 
 . defective 
 
 the purpose of being used in any cause or matter notwith- affidavits 
 standing any defect by misdescription of parties or otherwise 
 in the title or jurat or any other irregularity in the form 
 thereof and may direct a memorandum to be made on the docu- 
 ment that it has been so received. [E. 534.] C. 0. 21, E. 
 306. 
 
 307. A copy of an affidavit may in all cases be used the office copies 
 original affidavit having been previously filed and the copy 
 
 duly authenticated with the certificate of the clerk with the 
 seal of the court. [E. 535.] C. O. 21, E. 307. 
 
 308. No affidavit shall be sufficient if sworn before the advo- Affidavit 
 
 jY* 1 • • 1 sworn before 
 
 cate acting for the party on whose behalf the affidavit is to be advocate 
 
 1 1 j: j-U + or agent 
 
 used or before any agent of such advocate or before the party 
 himself. [E. 536.] C. O. 21, E. 308. 
 
 309. Any affidavit which would be insufficient if sworn or clerk or 
 before the advocate himself shall be insufficient if sworn before 
 
 his clerk or partner- [E. 537.] C. O. 21, E. 309. 
 
 310. Where a special time is limited for filing affidavits no Time . limited 
 affidavit filed after that time shall be used unless by leave of 
 
 the court or judge. On motions founded on affidavits either 
 party may by leave of the court or judge make affidavits in Affidavits m 
 answer to the affidavits of the opposite party as to new matter 
 arising out of such affidavits. [E. 538.] C. O. 21, E. 310. 
 
504 
 
 JUDICATUEE 
 
 raTarl"' °° 311. Except by leave of the court or judge no order made 
 motions g^. p„,,.jPg in court founded on any affidavit shall be of any force 
 
 unless the affidavit on which the application was made was 
 actually made before the order was applied for and produced 
 or filed at the time of making the application. [E. 5.39.] 
 C. 0. 21, K. 311. 
 
 Use in 312. All affidavits which have been previously made and 
 
 affidavits used read in court upon any proceedings in a cailse or matter may 
 
 be used before a judge in chambers. [E. 541.] C. 0. 21, 
 
 B. 312. 
 
 Affidavits of 313. Affidavits of service upon any party must state wheu, 
 where and how and by whom such service was effected. [E. 
 1020.] C. O. 21, K. 313. 
 
 Alterations 314. Every alteration in an accoimt verified by affidavit 
 
 aM^unts shall be marked with the initials of the commissioner or officer 
 before whom the affidavit is sworn and such alteration shall 
 not be made by erasure. [E. 542.] C. O. 21, K. 314. 
 
 Exhibits, 
 reference to 
 
 Cfertifieate 
 on exhibit 
 
 315. Accounts, extracts and other documents referred to by 
 affidavit shall not be annexed to the affidavit or referred to in 
 the affidavit as annexed but shall be referred to as exhibits. 
 [E. 543.] C. O. 21, E. 315. 
 
 316. Every certificate on an exhibit referred to in an affi- 
 davit signed by the commissioner or officer before whom thj 
 affidavit is sworn shall be marked with the short title of the 
 cause or matter. [E. 544.] C. O. 21, K. 316. 
 
 OKDEE XXVIII. 
 
 MOTION FOE JUDGMENT. 
 
 Judgment 
 OB motion 
 
 Judgment on 
 findings of 
 jury 
 
 Setting aside 
 
 317. Except where it is otherwise provided that the judg- 
 ment may be obtained in any other manner the judgment of 
 the court shall be obtained by motion for judgment. [E. 559.] 
 C. 0. 21, E. 317. 
 
 318. Where at or after a trial with a jury the judge has 
 directed that any judgment be entered any party may apply 
 to set aside such judgment and enter any other judgment on 
 the ground that the judgment directed to be entered is wrong 
 by reason that the finding of the jury upon the questions 
 submitted to them has not been properly entered. [E. 561.] 
 0. 0. 21, E. 318. 
 
JUDICATURE 505 
 
 319. Where at or after a trial by a iudge either with or Setting aside 
 
 • 1 • 1-11 Til • , judgment 
 
 Without a jury the judge has directed that any judgment be directed to 
 entered any party may apply to set aside such judgment and by judge 
 enter any other judgment upon the ground that upon the find- 
 ing as entered the judgment so directed is wrong. [E. 562.] 
 C. 0. 31, E. 319. 
 
 320. An application under the two next precedine; rules Application 
 
 -.-,-. 1 , ^^^ to court c?i 
 
 shall be to the court en banc. [E. 563.J C. O. 21, K. 320. banc 
 
 321. When issues have been ordered to be tried or issues or setting down 
 
 j?j^ IT ■ -I ■ 1 ^ rf 'notion for 
 
 questions ol lact to be determined m any manner the plamtiii Judgment 
 
 I . J. . "^ ^ utter issues 
 
 may set down a motion lor judgment as soon as such issues or tried 
 questions have been determined. If he does not set down such 
 a motion and give notice thereof to the other parties within ten. 
 days after his right so to do has arisen then after the expira- 
 tion of such ten days any defendant may set down a motion for 
 judgment and give such notice thereof to the other parties. 
 [E. 565] C. O. 21, K. 321. 
 
 322. When issues have been ordered to be tried or issues or After trial 
 
 of sonie or 
 
 qustions of fact to be determined in any manner and some only issues ordered 
 of such issues or questions of fact have been tried or deter- 
 mined any party who considers that the result of such trial or 
 determination renders the trial or determination of the others 
 of them unnecessary or renders it desirable that the +rial or 
 determination thereof should be postponed may apply to the Motion for 
 court or judge for leave to set down a motion for judgment 
 without waiting for such trial or determination ; and the court 
 or judge may if satisfied of the expediency thereof give such 
 leave upon such terms if any as shall appear just and may give 
 any directions which may appear desirable as to postponing 
 the trial of the other issues of fact. [E. 566.] C. O. 21, E. 
 322. 
 
 323. Xo motion for judgment shall except by leave of theMoHontobe 
 court or judge be set down after the expiration of one year within one 
 from the time when the party seeking to set down the same 
 
 first became entitled so to do. [E. 567.] C. O. 21, E. 323. 
 
 324. Upon a motion for judgment or upon an application for Motion for 
 
 . T -I 1 ^^ ■ c c _c i_ , ■ judgment or 
 
 a newi trial the court may draw all inierences ot tact not mcon- new trial 
 
 consistent with the finding of the jury and if satisfied that it 
 
 has before it all the materials necessary for finally determining inferences 
 
 " J, • , . in fact, etc. 
 
 the questions m dispute or any ot them or for awarding any 
 relief sought give judgment accordingly or may if it shall lie 
 
506 
 
 JUDICATUEE 
 
 of opinion that it has not sufficient materials before it to enable 
 it to give judgment direct the motion to stand over for further 
 consideration and direct such issues or questions to be tried or 
 determined and such accounts and inquiries to be taken ana 
 made as it may think fit. [E. 568.J C. O. 21, K. 324. 
 
 ma'"di?ect'an* ^^^' ^^^^n it is made to appear to the court or judge on the 
 
 be?uraed"tato ^®^^^^§ of any application which may be pending before the 
 
 ISdgmenTor ^^^^^ ^^ judge that it will be conducive to the ends of justice 
 
 caSse"*°^ to permit it, the court or judge may direct any application to 
 
 be turned into a motion for judgment or hearing of the cause 
 
 or matter; and thereupon the court or judge may make such 
 
 order as to the time and manner of giving the evidence in the 
 
 cause and matter and with respect to the further prosecution 
 
 thereof as the circumstances of the case may require ; and upon 
 
 the hearing it shall be discretionary with the court or judge to 
 
 either pronounce a judgment or make such order as the court 
 
 or judge deems expedient. C. O. 21, R. 325. 
 
 Court or judge 326. Where at anv time after the Writ of summons has been 
 
 may permit .,..," . 
 
 service of issucd it IS made to appear to the court or iuda:e on an ex parte 
 
 notice of t . i • .m n 1 1 1 c . • 
 
 motion for application that it will be conducive to the ends of lustice to 
 
 judgment . , . . ^ , 
 
 before permit a notice of motion for a judgment to be forthwith 
 
 served the court or judge may order the same accordingly and 
 when such permission is granted the court or judge is to give 
 directions as to the service of the notice of motion and affi- 
 davits as may be expedient. Upon the hearing of such motion 
 the court or judge instead of granting or refusing the appli- 
 cation may give such directions for the examination of either 
 parties or witnesses or for the making of further inquiries or 
 with respect to the further prosecution of the suit as the 
 circumsances of the case may require and upon, such terms as 
 to costs as the court or judge think right. C. O. 21, E. 326. 
 
 appearance 
 
 ORDEE XXIX. 
 
 JUDGMENT AjSTD EXTEY OE JUDGMENT. 
 
 Recording 327. Exccpt where otherwise provided everv order or decree 
 
 orders, decrees i • n i J ^ 
 
 andjudgments and every other judgment that the judge may so direct shall 
 
 be entered by the proper officer at length in a book to be kept 
 
 Certified for such purpose properly indexed and a copy of such entry 
 
 evidence certified by the proper officer under the seal of the court shall 
 
 , be received for all purposes as of the same force and effect as 
 
 such original order, decree or judgment. [E. 569.] C. 0. 
 
 21, R. 327. 
 
JUDICATURE 
 
 507 
 
 328. When any judgment is pronounced by the court or judgment to 
 judge the entry of judgment shall be dated as of the day onalof'dX' 
 which such judgment is pronounced unless the court or judge ^'"°"™"''^'^ 
 shall otherwise order and the judgment shall take effect from 
 
 that date: 
 
 Provided that by special leave of the court or jiidge a judg- 
 ment may be antedated or postdated. [E. 571.] C. O. 21, 
 E. 328. 
 
 329. In all cases not within the last preceding rule the entry Date of entry 
 of judgment shall be dated as of the day on which the requisite '" °^^<'''<^^^« 
 documents are left wifh the proper officer for the purpose of 
 
 such entry and the judgment shall take effect from that date. 
 [E. 572.] C. O. 21, R. 329. 
 
 330. Every judgment or order made in any cause or matter Time to be 
 requiring any person to do an act thereby ordered shall state doing any act 
 the time or the time after service of the judgment or order be done 
 within which the act is to be done and upon the copy of the 
 judgment or order which shall be served upon the person 
 required to obey the same there shall be indorsed a memoran- 
 dum in the words or to the effect following namely : 
 
 "If you the within named A.B. neglect to obey this judg- Memorandum 
 
 •^ ° '' .; , ^ to be indorsed 
 
 ment (or order) by the time therein limited you will be liable 
 to process of execution for the purpose of compelling you to 
 obey the same judgment (or order)." [E. 573.] C. 0. 21, 
 E. 330. 
 
 331. Where it is provided that any judgment may be Entry of 
 entered iinon the filing of any affidavit or production of any ^"odifction of 
 
 .,■, . 1 02 T -J. J .affidavit or 
 
 document the clerk shall examine the affidavit or document document 
 produced and if the same be regular and contain all that is by 
 law required he shall enter judgment accordingly. [E. 574.] 
 C. 0. 21, E. 331. 
 
 332. When any judgment may be entered pursuant to any Entryon 
 ordet or certificate or return to any writ the production *^^OTde?or™° 
 such order, certificate or return shall be sufficient authority to """^ ' "^ « 
 the officer to enter judgment accordingly. [E. 575.] C. 0. 
 
 21, E. 332. 
 
 333. In any cause or matter where the defendant ^^^^ cc^enj.^^ 
 appeared by advocate no order for entering judgment shall be 
 
 made by consent unless the consent of the defendant is gi^en Defendant^ 
 by his advocate or agent. [E. 577.] C. O. 21, E. 333. 
 
508 
 
 JUDICATUllE 
 
 Consent 
 judgment 
 
 Defendant 
 in person 
 
 334. When the defendant has not appeared or has appeared 
 in person no such order shall be made unless the defendant 
 attends before a judge and gives his consent in person or unless 
 his written consent is attested by an advocate acting on his 
 behalf. [E. 578.J C. O. 21, K. 334. 
 
 Satisfaction 
 of judgment 
 
 335. Satisfaction of a judgment shall be signed by the plain- 
 tiff and his personal representatives or by an advocate specially 
 authorised, for that purpose in writing unless the judge on 
 special circumstances set forth by affidavit dispense with such 
 authorisation. C O. 21, R. 335. 
 
 ORDER XXX. 
 
 EXECTJTIOlSr. 
 
 I. — Execution Generally. 
 
 Judgment or 
 order to be 
 obeyed 
 without 
 demand 
 
 336. Where any person is by order directed to pay any 
 money or deliver up or transfer any property real or personal 
 to another it shall not be necessary to make any demand there- 
 of but the person so directed shall be bound to obey such order 
 upon being duly served with a copy of the same without 
 demand. [E. 5Y9.J C. 0. 21, R. 336. 
 
 Conditional 
 judgment 
 
 Breach or non 
 performance 
 of condition 
 
 337. Where any person who has obtained any judgment or 
 order upon condition does not perform or comply with such 
 condition he shall be considered to have waived or abandoned 
 such judgment or order so far as the same is beneficial to him- 
 self and any other person interested in the matter may on 
 breach or nonperformance of the condition take either such 
 proceedings as the judgment or order may in such case warrant 
 or such proceedings as might have been taken if no such judg- 
 ment or order had been made unless the court or judge shall 
 otherwise direct. [E. 580.] C. O. 21, R. 337. 
 
 Execution 
 to enforce 
 payment of 
 money 
 
 Where time 
 allowed by 
 judgment 
 
 338. Every person to whom any sum of money or any costs 
 shall be payable under a judgment or order so soon as the 
 money or costs shall be payable shall be entitled to svie out one 
 or more writ or writs of fieri facias to enforce payment thereof 
 subject nevertheless as follows: 
 
 (a) If the judgment or order is for payment within a 
 period therein mentioned no such writ as aforesaid 
 shall be issued until after the expiration of such 
 period ; 
 
JUDICATURE 509 
 
 (h) The court or a judge may at or after the time oi stay of 
 
 ■ - - 1^1- 1 ■ execution 
 
 giving judgment or making an order stay execution 
 until such time as they or he shall think fit. [E.595. j 
 C. O. 21, K. 338. 
 
 839. A judgment for the recovery or for the delivery oi,- the Recovery 
 possession of land may be enforced by writ of possession. [E. "' '''*°'^ 
 583.J C. O. 21, K. 339. 
 
 340. A judgment for the recovery of any property other Recovery of 
 than land or money may be enforced by writ for delivery of °"^®'' p™?^''''" 
 the property. [E. 584.] C. O. 21, E. 340. 
 
 341. A judgment requiring any person to do any act other Judgment to 
 than the payment of money or to abstain from doing anything from any act 
 may be enforced by writ of attachment or by committal. [E. 
 
 585. J C. O. 21, E. 341.' 
 
 342. Where a judgment or order is to the effect that any Judgment on 
 party is entitled to any relief subject to or upon the fulfilment 
 
 of any condition or contingency the party so entitled may upon 
 
 the fulfilment of the condition or contingency and demand 
 
 made upon the party against whom he is entitled to relief 
 
 apply to the judge for leave to issue execution against such Execution of 
 
 party; and the judge may if satisfied that the right to relief 
 
 has arisen according to the terms of the judgment or order 
 
 order that execution issue accordingly or may direct that any 
 
 issue or question necessary for the determination of the rights 
 
 of the parties be tried in any of the ways in which questions 
 
 arising in any action may be tried. [E. 587.] C. O. 21, E. 
 
 342. 
 
 343. Where a judgment or order is against a firm execution Execution in 
 
 •' '^ " case of 
 
 may issue: judgment 
 
 against firms 
 
 (a) Against any property of the partnership ; 
 
 (&) Against the property of any person wJio has appeared 
 in his own name or who has admitted on the plead- 
 ings that he is or who has been adjudged to be a 
 partner ; 
 
 (c) Against the property of any person who has been 
 individually served as a partner with a writ of sum- 
 mons and has failed to appear ; 
 (2) If the party who has obtained judgment or an order Application 
 
 ^ ' I J _ • J. iU fT leave to 
 
 claims to be entitled to issue execution against any other per- jssue^against 
 son as being a member of the firm he may apply to a judge for '"tTvm^'' 
 
510 
 
 JUDICATUKE 
 
 Judgment 
 not to affect 
 
 leave so to do; and a judge may give such leave if the liability 
 be not disputed or if such liability be disputed may order 
 that the liability of such- person be tried and determined in 
 any manner in which' any issue or question in an action may 
 be tried and determined ; but except as against any property of 
 j'urildiotion"' ^^^ partnership a judgment against a firm shall not render 
 liable, release or otherwise affect any member thereof who was 
 out of the jurisdiction when the writ was issued and who has 
 not appeared to the writ unless he has been made a party to 
 the action or has been served with the writ in the action. [£. 
 648/i.] C. O. 21, K. 343. 
 
 Praecipe for 
 execution 
 
 344. JSTo writ of execution shall be issued without the party 
 issuing it or his advocate filing a praecipe for that purpose ; the 
 praecipe shall contain the title of the action, the reference to 
 the record, the date of the judgment and of the order if any 
 directing the execution to be issued, the names of the parties 
 against whom or of the firm against whose goods the execution 
 is to be issued and shall be signed by or on behalf of the advo- 
 cate of the party issuing it or by the party issuing it if he does 
 so in person. [E. 590.] C. 0. 21, K. 344. 
 
 Execution to 345. When entitled thereto the party in whose favour such 
 
 any judicial . . 
 
 district judgment has been entered may have one or more writs of 
 
 execution directed to. the sheriff of any one of the judicial dis- 
 tricts for levying within the judicial district named in such 
 wyit the amount due on such judgment and legal interest 
 thereon and costs subsequent to such judgment by distress and 
 sale of the goods and chattels and personal property liable to 
 seizure and sale for debt of the party against whom the said 
 judgment has been so entered. C. 0. 21, E. 345. 
 
 Date of 
 
 execution 
 
 Duration 
 
 Renewal 
 
 346. Every writ of execution shall bear date the day of its 
 issue and shall remain in force for two years from its date 
 (and no longer if unexecuted unless renewed) but such writ 
 may at any time before its expiration and so from time to time 
 during the continuance of the renewed writ be ren£wed by the 
 party issuing it for two years from the date of such renewal 
 by being marked in the margin with a memorandum to the 
 effect following : "Renewed for two years from the 
 day of A.D. 1 ," (signed by the 
 
 clerk) ; and the production of a writ of execvition marked as 
 renewed in manner aforesaid .shall be sufficient evidence of its 
 having been so renewed; and a writ of execution so renewed 
 shall have effect and be entitled to priority according to the 
 time of the original delivery thereof. [E. 591.] C. O. 21, 
 R. 346. 
 
JUDICATUEE 511 
 
 347. Every writ of execution for the recovery of money ind9rsement 
 shall be indorsed with a direction to the sheriff or other officer to sheriff 
 or person to whom the writ is directed to levy the money really 
 
 due and payable and sought to be recovered under the judgment 
 or order stating the amount and also to levy legal interest 
 thereon, if sought to be recovered, together with sheriff's fees, 
 poundage and other expenses of execution. [E. 594.J C. O- 
 21, R. 347. • 
 
 348. As between the original parties to a judgment or order Execution 
 execution may issue at any time within six years from the witLiTslx 
 recovery of the judgment or the date of the order. [E. 600.] ^'^^^^ 
 
 C. 0. 21, E. 348. 
 
 349. Tn the following cases namely : Leave to issue 
 
 ° "^ execution 
 
 (a) Where six years have elapsed since the judgn^ent or casM*' *'° 
 date of the order or any change has taken place by 
 death or otherwise in the parties entitled or liable to 
 execution ; 
 
 iV) Where a husband is entitled or liable to execution 
 upon a judgment or order for or against a wife ; 
 
 (c) Where a party is entitled to execution upon a judg- 
 ment of assets in futuro; 
 
 (d) Where a party is entitled to execution against any of 
 the shareholders of a joint stock company upon a 
 judgment recorded against such company or against 
 a public officer or other person representing such 
 company ; 
 
 the party alleging himself to be entitled to the execution may 
 apply to the judge for leave to issue the execution accordingly; 
 -and such judge may if satisfied that the party so applying is 
 entitled to issue execution make an order to that effect or may 
 order that any issue or question necessary to determine the 
 rights of the parties shall be tried in any of the ways in which 
 any question in any action may be tried; and in either case 
 such judge may impose such terms as to costs or otherwise as 
 shall be just. [E. 601. j C. O. 21, E. 349. 
 
 350. Every order of the court or judge in any cause or Enforcement 
 matter may be enforced against all persons bound thereby in " "'' 
 
 the same manner as a judgment to the same effect. [E. 602.J 
 0. 0. 21, E. 350. 
 
 351. Anv nerson not being a party to a cause or matter who Executions by 
 
 •^ ^ ,■ „ 1 • 1 „v,n11 oragainsta 
 
 obtains any order or in whose favour any order is made snaii person not a 
 be entitled to enforce obedience to such order by the sameP*'"'^ 
 
312 
 
 JUDICATUEE 
 
 process as if he were a party to such cause or matter and anv 
 person not being a party to a cause or matter against whom 
 obedience to any judgment or order may be enforced shall be 
 liable to the same process for enforcing obedience to such 
 judgment or order as if he were a party to such cause or mat- 
 ter. [E. 604.J C. 0. 21, K. 351. 
 
 Facts arisen 
 too late to 
 be pleaded 
 
 ■Stay of 
 execution 
 
 352. No proceeding by audita querela shall hereafter be 
 used ; but any party against whom a judgment has been given 
 may apply to the judge for a stay of execution or other relief 
 against such judgmient upon the ground of facts which have 
 arisen too late to be pleaded and the judge may give such relief 
 and upon such terms as may be just. [E. 605. J C. O. 21, 
 R. 352. 
 
 order act to 353. If a mandamus granted in an action or otherwise or a 
 
 expense of _ mandatory order, injunction or judgment for the speciiic per- 
 P r J- re using fQ.j.^^^j^^Q q£ ^^j Contract be not complied with the court or 
 judge besides or instead of proceedings against the disobedient 
 party for contempt may direct that the act required to be done 
 may be done so far as practicable by the party by whom the 
 judgment or order has been obtained or some other person to 
 be appointed by the court or judge at the cost of the disobed- 
 ient party and upon the act being done the expenses incurred 
 may be ascertained in such manner as the court or judge may 
 direct and execution may issue for the amount so ascertained 
 and costs. [E. 608.] C. 0. 21, R. 353. 
 
 Enforcement 
 of judgment 
 against 
 corporation 
 
 354. Any judgment or order against a corporation wilfully 
 disobeyed may by leave of the court or judge be enforced by 
 execution against the corporate property or by attachment of 
 the persons of the directors or other officers. [E. 609. J C. 0. 
 21, R. 354. 
 
 Forms of 
 execution 
 
 355. Every writ of execution shall follow form B in the 
 schedule hereto adapted to the circumstances of each case and 
 where form B is not appropriate the form shall be settled by 
 the judge on ex parte application. C. 0. 21, R. 355. 
 
 Effect of 366. Except as hereinafter mentioned everv writ of execu- 
 
 execution in . . ^ ^ . , ^ ^^ i /•' i • t 
 
 sheriff's hands tion against goods and chattels shall at and from the time oi 
 
 soods of its delivery to the sheriff to be executed bind all the goods and 
 
 debtor. chattels or any interest in all the goods and chattels of the 
 
 judgment debtor within the judicial district of the said sheriff 
 
 and shall take priority to any chattel mortgage, bill of sale oi 
 
 assignment for the benefit of all or any of the creditors of the 
 
JUDICATURE 
 
 513 
 
 judgment debtor executed by him after the receipt by tb ; 
 sheriff of such wi-it of execution or which by virtue of the 
 provisions of The Bills of Sales Ordinance has not taken effect 
 prior to such receipt as against the creditor or creditors' inter- 
 est under the execution but shall not take priority to a iona 
 fide sale by the judgment debtor followed by an actual and 
 continued change of possession of any of his goods and chattels 
 without actual notice to the purchaser that such writ is in the 
 hands of the sheriff of the judicial district wherein the said 
 judgment debtor resides or carries on business. 0. O. 21, 
 R. 356. 
 
 357. 'No sale of personal property seized under any writ of Notice of 
 execution or process shall be made without such sale being ^''^"^^ ""^'^ 
 advertised for at least ten days by public notice thereof 
 describing the property to be sold copies of which notice shall 
 be posted in the offices of the clerk and sheriff and at least five 
 public places in the locality where the same is to be sold; but 
 when the articles seized are of a perishable nature or are of Perishable 
 such a character as not to allow of a delay of ten days as here- 
 inbefore provided the same may be sold forthwith. C. O. 21, 
 E. 357. 
 
 358. On any writ of execution against goods and chattels Equity of 
 the sheriff charged with the execution of the same may seize in goods 
 and sell the interest or equity of redemption in any goods or 
 chattels including leasehold interests in any lands of the party 
 against whom the writ has issued and such sale shall convey Leasehold 
 
 1 •' 1 11- 7 Till i^tsrests 
 
 whatever interest the mortgagor had m such goods and chattels 
 at the time of the seizure. C. O. 21, R. 358. 
 
 359. The sheriff having the execution of any writ of execu- Seizure of 
 
 ° . ^ ^ money, bank 
 
 tion' against goods may seize any money or bank notes, any notes, cheques, 
 cheques, bills of exchange, promissory notes, bonds, mortgages, 
 specialties or other securities for money belonging to the exe- 
 cution debtor and such sheriff may pay and assign them to the 
 execution creditor at the sum actually due on and secured by 
 them respectively if he will accept them as money collected or 
 the sheriff may sue in his own name for the recovery of the 
 sums secured thereby when the time of payment thereof has 
 arrived and on payment execute and give valid discharges 
 therefor but no such sheriff or other party shall be bound to 
 sue any party liable upon any such cheque, bill of exchange, 
 promissory note, bond, specialty or other security unless the 
 party who sued out the execution furnishes sufficient security 
 
514 
 
 JUDICATUEE 
 
 to indemnify him from all costs and expenses to be incurred in 
 the prosecution of the action or to which he may become liable 
 in consequence thereof. C. O. 21, R. 359. 
 
 Seizure of 
 mortKages 
 belonging to 
 debtor 
 
 Entry in 
 register 
 
 Notice to 
 mortgagor 
 
 360. The officer charged with the execution of any writ of 
 execution against goods may seize thereunder any registered 
 mortgage in favour of the execution debtor whether upon lands 
 or chattels by delivering a notice in writing of such seizure to 
 the registrar or clerk in the office where such mortgage is regis- 
 tered ; but no such mortgage shall be affected or charged by any 
 writ of execution until delivery of such notice. 
 
 {2) Upon receipt of such notice the clerk or registrar shall 
 make an entry thereof in the register for which he shall be 
 entitled to a fee of fifty cents : 
 
 Provided that unless and until personal service of a notice of 
 seizure on the mortgagor is made he shall not.be affected 
 thereby and any payments made by him to the mortgagee 
 before service of such notice shall be deemed good and valid. 
 C. O. 21, E. 360. 
 
 chequelj^efc ■"^^- '^^^ transference by the sheriff to the execution credi- 
 sheriff'^^^^ tor of any cheques or property named in rule 359 shall dis- 
 charge the sheriff to the extent of the amoiint due on and 
 secured thereby. C. O. 21, E. 361. 
 
 fhe^r«r™f "'^ 362. Subject to the provisions of The Creditors Relief 
 ^aiisld Ordinance the sheriff shall pay over to the execution creditor 
 
 or his advocate all moneys recovered or a sufficient sum to 
 discharge the amount directed by the writ to be levied; but 
 the sheriff shall in all cases be entitled to first deduct his fees 
 and expenses. CO. 21, E. 362. 
 
 Growing crops 363. j^o Sale of growing crops whether grain or roots shall 
 take place until after the same have been harvested and 
 threshed or taken and removed from the ground when after 
 all charges for harvesting, threshing, taking and removing 
 have been paid and all exemptions been claimed and reserved 
 the balance may be sold. C. O. 21, E. 363. 
 
 Issue of 
 
 execution 
 
 lands 
 
 364. Any person who becomes entitled to issue a writ of 
 execution against goods rnay at or after the time of issuing 
 the" same issue a writ of execution against the lands of the 
 person liable in any judicial district provided that not less 
 than $50 remain due and unpaid on the judgment and deliver 
 the same to the sheriff of the district named in the writ and 
 charged with the execution of the writ of execution against 
 
JUDICATUKE 515 
 
 goods at or after the time of delivery to him of the writ against saie of lands 
 goods and either before or after any return thereof ; but such Time fof 
 officer shall not sell the said lands within less than one year Advertise- 
 from the day on which the writ against lands is delivered to 
 him nor until three months' notice of such sale has been posted 
 in a conspicuous place in the sheriff's and clerk's offices respec- 
 tively and published two months in the newspaper nearest the 
 lands to be sold. 
 
 (2) Where more than one newspaper is jjublished in the 
 same locality the notice of sale may be published in either one. 
 C. O. 21, R. 364. 
 
 365. No sale shall be had under any execution against lands Return 
 
 *' ^ nulla bona 
 
 until after a return of nulla bona in whole or in part with before sale 
 
 5 o^ lands 
 
 respect to an execution against goods in the same suit or mat- 
 ter by the same officer. Where there are no bidders or lio Adjournment 
 
 / _ of sale 
 
 sufficient bid has been offered for the land to be sold as afore- 
 said the sheriff may adjourn such sale from time to time and a 
 notice of the time and place of such adjoulmed sale shall be 
 posted by him in a conspicuous place in the sheriff's and clerk's 
 offices respectively and such notice shall be sufficient notice of 
 such adjourned sale. C. 0. 21, R. 365. 
 
 366. In cases where the sheriff or other officer shall sell Form of 
 
 Iransrer where 
 
 lands imder execution for which a certificate of title has not ^fj^^'JlSr^ °* 
 been granted a transfer executed by him in the form prescribed granted 
 for lands for which a certificate of title has been granted shall 
 be sufficient to convey the execution debtor's interest therein 
 to the purchaser. C. O. 21, R. 366. 
 
 367. jSTo sheriff shall make any return of nulla bona either Return nuua 
 in whole or in part to any writ against goods until the whole 
 
 of the goods of the execution debtor in the district named in 
 the writ liable to seizure which he can find have been 
 exhausted. 0. O. 21, R. 367. 
 
 368. If the amount authorised to be made and levied imder u money ^^^ 
 the writ against goods is made and levied thereunder the per- no costs 
 
 son issuing the writ against lands shall not be entitled to the fand^ ' 
 expenses thereof of any seizure or advertisement thereunder 
 and the return to be made by the officer charged with the Return in such 
 execution of the writ against lands to such writ shall be to the ""^ 
 effect that the amount has been so made and levied as afore- 
 said. C. O. 21, R. 368. 
 
516 JUDICATUEE 
 
 expiry (f/writ ^^^' ^^'^^^^'^ uuder any writ of execution while in force per- 
 sonal property has been seized the sheriff may proceed to sell 
 the same although the writ of execution has expired. C. 0. 
 21, E. 369. 
 
 dih>3ry°oV°' ^''^^- Where it is sought to enforce a judgment made for the 
 ?ecoleryS I'scovery of any property other than land or money the court 
 assessed value qj. judge may upon the application of the plaintiff or person 
 entitled thereto order that execution shall issue ±or the delivery 
 of the property without giving the defendant or other party the 
 option of retaining the property and paying the assessed value 
 if any ; or at the option of the plaintiff or person entitled there- 
 to that the sheriff levy and make the assessed value with or 
 without costs in either instance as may be just and for such 
 purpose separate writs may be issued for the costs. [E. 647.] 
 C. 0. 21, E. 370. 
 
 ™sse3°Lnfor ^'^■^- -^ judgment or order that a party do recover possession 
 
 land^ '^'^'^ °^ '^^ ^^J ^^^^ 01^ flia-t any person therein named do deliver up 
 
 ' posssession of any land to some other person may, without 
 
 any order for such purpose, after fifteen days from the entry 
 
 of the judgment or service of a copy of the order, be enforced 
 
 by a writ of possession. [E. 644 and 645. J C. O. 21, E. 371. 
 
 Execution for 372. Upon any judgment or order for the recovery or 
 
 recovery or _ -^ "^ . ** ^ '' 
 
 land and costs delivery of possession of any land and costs there may be either 
 one writ or separate writs of execution for the recovery of 
 possession and for the costs, at the election of the successful 
 party. [E. 646.] 0. O. 21, E. 372. 
 
 II. — Poundage, Interest &c. 
 
 irfterest ?>^?>' Upou any execution against lands or goods the sheriff 
 
 expens^e^*"'*''"^ ^^^ ^^ addition to the sum recovered by the judgment levy 
 the poundage fees, expenses of the execution and interest upon 
 the amount so recovered from the time of entering the judg- 
 ment. C. 0. 21, E. 373. 
 
 ^mmnf^' ^'^'^- ^^ ^^^^ ^ ^^^'^ '^^^^ ^^ levied by the sheriff on or by 
 
 certSn'case" ^ovce of any execution against goods and chattels the sheriff 
 shall be entitled besides his fees and expenses of execution to 
 poundage only upon the amount so made by him whatever be 
 the sum indorsed upon the writ and in case the personal estate 
 of the defendant is seized or advertised on or under an execu- 
 tion but not sold by reason of satisfaction having been other- 
 wise obtained or from some other cause and no money /is 
 actually made by the sheriff on or by force of such execution 
 
JUDICATUEB 517 
 
 the sheriff shall be entited to the fees and expenses of execution 
 and poundage only on the value of the property seized no^ 
 exceeding the amount indorsed on the writ or such less sum as 
 a judge of the court out of which the writ issued may deem 
 reasonable under the circumstances of the case. Any party 
 interested may apply to the judge to fix such sum either before 
 or after taxation of the sherift''s bill of costs, charges and 
 expenses or on review or appeal from such taxation. 0. O. 
 21, E. 374. 
 
 375. In the case of writs of execution upon itie same iudg- sheriffs 
 ment to several judicial districts wherein the personal estate of where 
 the judgment debtor or debtors has been seized or advertised ottiuued 
 
 inni /• ■ !• • T ■ 1 -I • ^ Under writ in 
 
 but not sold by reason of satisfaction having been obtained other judicial 
 
 . ■' . ...... district 
 
 under or by virtue of a writ in some other judicial district and 
 no money has been actually made on such execution the sheriff 
 shall not be entitled to poundage but to mileage and fees only 
 for the services actually rendered and performed by him and 
 the court or any judge thereof may allow him a reasonable 
 charge for such services in case no special fees therefor are 
 assigned in any tariff of costs. C. O. 21, ~R. 375. 
 
 376. Upon the settlement of an execution either in whole or sheriff 
 
 1 ■ ~ I • 1 T 1 charges on 
 
 m part by payment, levy or otherwise or upon the withdrawal, withdrawal, 
 stay or setting aside of an execution the sheriff or officer execution 
 claiming any fees, poundage, incidental expenses or remunera- 
 tion which have not been taxed shall upon being required by 
 any party interested within forty-eight hours deliver a copy "f 
 his bill in detail to the applicant. Such bill shall be taxed by 
 the clerk of the court upon the applicant obtaining and serving 
 an appointment for such taxation. C. O. 21, K. 376. 
 
 377. 'No sheriff shall collect any fees, costs, poundage or sheriff's costs 
 incidental expenses after having been required to have the 
 
 same taxed without taxation; and upon tender of the Taxation 
 
 ' . . , I Tender 
 
 amount taxed no fees, costs, poundage or incidental expenses 
 in respect of proceedings subsequently taken shall be allowed 
 to any sheriff. C. O. 21, K. 377. 
 
 378. It shall be the duty of every taxing officer above refer- o^^^y "f^g.^^^ 
 red to to grant an appointment for the taxation of and to tax 
 
 the bills of costs presented to him for taxation as herein 
 required upon payment or tender of his fees and to give when 
 requested a certificate of such taxation and the amount 
 thereof. C. 0. 21, K. 378. 
 
 379. Either party dissatisfied with the taxation may appeal ReviBion of 
 to a judge for a revision of such taxation. 0. O. 21, R. 379. 
 
518 
 
 JUDICATUEE 
 
 ORDER XXXI. 
 
 Examination 
 of judgment 
 debtor or 
 officer of 
 corporation 
 
 Examination 
 of clerk or 
 employee, 
 former cleric 
 or employee 
 or transferee 
 of debtor's 
 property 
 
 Use of 
 examination 
 
 Difficulty in 
 enforcing 
 judgment 
 other than 
 for money 
 
 DISCOVEBY IX AID OF EXECUTIONS. 
 
 380. When a judgment or order is for the recovery or pay- 
 ment of money the party entitled to enforce it may apply to a 
 judge ex parte for an order that the debtor liable under such 
 judgment or order or in the case of a corporation that any offi- 
 cer thereof be orally examined as to whether any and what 
 debts are owing to the debtor and whether' the debtor has any 
 and what property or means of satisfying the judgment or 
 order before the judge or whom he may appoint ; and the judge 
 may make an order for the attendance and examination of 
 such debtor or other person before the clerk of the court or 
 other person to be named in the order and for the production of 
 any books or documents. 
 
 (2) Where judgment has been obtained as aforesaid the 
 court or judge may ex parte on the application of the party 
 entitled to enforce the judgment order any clerk or employee 
 or former clerk or employee of the judgment debtor or any 
 person or officer or officers of any corporation to whom the 
 debtor has made a transfer of his property or effects since the 
 date when the liability or debt which was the subject of the 
 action in which judgment was obtained was incurred to attend 
 before the clerk of the court or other person to be named in the 
 order and to submit to be ex:amined upon oath as to the estate 
 and effects of the debtor and as to the property and means he 
 had when the liability or debt aforesaid was incurred and as 
 to the property or means he still has of discharging the judg- 
 ment and as to the disposal he has made of any property since 
 f ontracting the debt or incurring the liability and as to any 
 and what debts are owing to him. 
 
 (S) The examination is to be for the purpose of discovery 
 only and no order is to be made on the evidence given on such 
 examination but any such examination may be read on any 
 subsequent proceedings between the same parties or between 
 the execution creditor and any transferee of the property or 
 effects of the execution debtor or in any proceeding to obtain 
 payment directly or indirectly whether by attachment of debts, 
 equitable execution or otherwise. [E. 610.] C. 0. 21, R. 380. 
 
 381. In case of a judgment or order other than for th^ 
 recovery or payment of money if any difficvilty arises in or 
 about the execution or enforcement thereof any party inter- 
 ested may apply to a judge and the judge may make such order 
 thereon for the attendance and examination of any party or 
 
JUDICATUEE 519 
 
 otherwise as may be just and may direct how such judgment 
 or order may be enforced or executed. [E. 611. J C. O. 21, 
 R. 381. 
 
 382. Any person liable to be examined under any of the Conduct 
 preceding rules of this order shall be entitled to the like con-'""""'' 
 duct money and payment for expenses and loss of time as upon 
 attendance at a trial in court and may be compelled to attend 
 
 and testify and to produce books and documents in the same Production 
 manner and subject to the same rules of examination and the Rules ot' '' 
 
 J. 1 . _ „ . ,. exaniiraticn 
 
 same consequences o± neglecting to attend or refusmg to dis- Disobedience 
 close the matters in respect of which he may be examined as in 
 the case of a w'itness on a trial. C. 0. 21, E. 382. 
 
 383. The costs of any application under this order and of costs 
 any proceedings arising from or incidental thereto shall be 
 
 in the discretion of the judge. [E. 612.J 0. O. 21, R. 383. 
 
 ORDER XXXII. 
 
 ATTACmiEXT OF DEBTS. 
 
 384. Any^ plaintiff in an action *f or a debt or liquidated issue of 
 demand before or after judgment and any person who has sumnlons 
 obtained a judgment or order for the recovery or payment of 
 money may issue a garnishee summons in the form or to the 
 
 effect of form C in the schedule hereto. Such summons shall • ' 
 
 be issued by the clerk upon the plaintiff or judgment cred- 
 itor, his advocate or agent filing an alfidavit: 
 
 (a) Showing the nature and amount of the claim or Affidavit 
 judgment against the defendant or judgment debtor 
 and SAVearing positively to the indebtedness of the 
 defendant or judgment debtor to the plaintiff or 
 judgment creditor; 
 
 (&) Stating to the best of the deponent's information 
 and belief that the proposed garnishee (naming 
 him y is indebted to such defendant or judgment 
 debtor. 0. O. 21, R. 384. 
 
 385. Service of such summons on the garnishee shall bind service binds 
 any debt due or accruing due from the garnishee to the 
 defendant or the judgment debtor. 
 
520 
 
 JUDICATURE 
 
 Manner of 
 service 
 
 Service on 
 defendent or 
 judgment 
 debtor 
 
 (2) The garnishee summons may be served whether on 
 the garnishee, defendant or judgment debtor in any way that 
 a writ of summons may be served j and the provisions relat- 
 ing to service of a writ of summons shall apply to service of 
 a garnishee summons. 
 
 (3) A copy of the garnishee summons shall be served on 
 the defendant or judgment debtor (or his advocate) within 
 twenty days after service on the garnishee or such further 
 time as a judge ex parte may order. C. O. 21, R. 385. 
 
 £?plymentto 386. ISJ'o Order shall be made against the garnishee or for 
 piaintiffuntii, payment out of any money paid into court by the garnishee 
 imtil at least ten days after the service of the said summons 
 on the defendant or judgment debtor and on the garnishee 
 nor when a garnishee stmimons issues prior* to judgment 
 until the plaintiff shall have recovered a judgment against 
 the defendant. 
 
 (£) The defendant or judgment debtor or the garnishee 
 or any person claiming to be interested in the moneys 
 attached may apply to a judge in chambers to set aside the 
 garnishee simimons. 
 
 (3) 'No money paid into court under these proceedings 
 shall be paid oiit unless on the written consent of the 
 parties interested except by order of the court or judge 
 which order may be made ex parte or on such notice as the 
 judge may direct. C. 0. 21, E. 386. 
 
 Application 
 to set aside 
 garnishee 
 
 Payment out 
 of court 
 
 •Garnishee's 
 costs 
 
 387. A garnishee paying money into court shall be entitled 
 to deduct therefrom his necessary disbursements and costs (not 
 exceeding $5) except when the debt due from him to the defen- 
 dant or judgment debtor is larger than the amount of the 
 plaintiff's claim and costs in which case the garnishee may 
 deduct such costs and disbursements out of the balance in his 
 hands but if such balance is not sufficient to cover such dis- 
 bursements and costs he may deduct the difference from the 
 amount to be paid into court. C. 0. 21, R. 387. 
 
 Northwest 388. The government of the North- Wcst Territories may be 
 garnishment gamishecd uudcr the provisions of this ordei* with regard «) 
 
 against ^ • j j. n i 
 
 moneys due or accruing due to all persons permanently 
 employed by the government of the Territories. 
 
 Service (2) Such garnishee process shall be served upon the Terri- 
 
 torial treasurer or assistant Territorial treasurer in their 
 respective offices. 
 
JTJDICATUEE 521 
 
 (3) This rule shall only apply to causes of action arising on when rule 
 or after the first day of September in the year one thousand ^^"""''^'^ 
 eight hundred and ninety-four. C. O. 21, E. 388, amended bv 
 1901, c. 10, s. 5. 
 
 389. If the garnishee does not pay into court the amount due Default by 
 from him to the debtor or an amount equal to the claim o^, ^farmshee 
 judgment and costs and does not dispute the debt due or 
 claimed to be due from him to such debtor then the judge may 
 
 lafter judgment has been entered against the primary debtor 
 or at once when the garnishee summons is founded on a judg- 
 ment already recovered order that judgment be entered up 
 against the garnishee and that execution issue and it may issue 
 accordingly to levy the amount due from such garnishee or so 
 much thereof as may be sufficient to satisfy the judgment or 
 order. [E. 624.J C. O. 21, K. 389. 
 
 390. If the garnishee disputes his liability or claims that the Dispute by 
 debt is not attachable he shall enter with the clerk within the garnishee 
 time specified in the summons or such further time as the judge 
 
 may allow a statement showing the grounds on which he 
 disputes liability or claims that the debt is not attachable. After 
 which, on application of the plaintiff or any other person inter- 
 ested on two days' notice given to the garnishee, the judge may 
 fix a time and place for summarily determining the question of 
 liability or whether the debt is attachable as the case may be ; 
 or may order that any issue or question necessary for deter- Trial of issue 
 mining su^'.h liability or whether the debt is attachable be tried 
 and determined in any manner in which any issue or question 
 in any action may be tried or determined and may direct who 
 shall be the parties to such issue or question and any deter- 
 mination under this section whether summarily or otherwise 
 shall form a judgment of the court and may be enforced as 
 such. [E. 625.] C. O. 21, E. 390. 
 
 391. If within two months after the appearance by the gar- Delay by 
 
 1 ,1 i.- j: plaintift 
 
 nishee the plaintiff does not proceed to have the question ot 
 liability determined as hereby provided the garnishee may Application by 
 apply for an order to set aside the garnishee summons. C. O. 
 21, E. 391. 
 
 392. Whenever it is suggested by the garnishee or any per- sugge^ion 
 son claiming to be interested that the debt attached belongs to third party 
 some third person or that any third person has a lien or charge 
 
 upon it the judge may order such third person to appear and 
 state the nature and particuars of his claim upon such debt. 
 [E. 626.J C. O. 21, E. 392. 
 
522 
 
 JUDICATUEE 
 
 Procedure 
 when third 
 person 
 suggested 
 as entitled 
 
 Garnishee 
 discharged 
 by paj^ment 
 or levy 
 
 393. After hearing the allegations of any third person under 
 such order as in the next preceding rule mentioned and of any 
 other person whom by the same or any subsequent order the 
 judge may order to appear or in case of such third person not 
 appearing when ordered the judge may order execution to issue 
 to levy the ainount due from such garnishee or any issue or 
 question to be tried or determined in manner aforesaid and 
 may bar the claim of such third person or make such other 
 order as such judge shall think fit upon such terms in all cases 
 with respect to the lienor charge (if any) of such third person 
 and to costs as the judge shall think just and reasonable. [E. 
 62Y.] C. O. 21, R. 393. 
 
 394. Payment made by or execution levied upon the garni- 
 shee under any such proceeding as aforesaid shall be a valid 
 discharge to him against the debtor to the amoimt paid or levied 
 although such proceeding may be set aside or the judgment or 
 order reversed or the plaintiff fail in his action. [E. G28.] 
 C. 0. 21, E. 394. 
 
 Costs in 
 
 garnishee 
 
 proceedings 
 
 395. The garnishee shall not be liable for the costs of the 
 proceedings unless and in so far only as occasioned by setting 
 up a defence which he knew or ought to have known was 
 untenable ; and the plaintiff or judgment creditor in garnishee 
 proceedings shall be entitled to tax against the defendant or 
 judgment debtor and add to the judginent the costs of such 
 proceedings unless the judge otherwise orders and subject to 
 this provision the cost of all parties shall be in the discretion 
 cf the judge. C. 0. 21, E. 395. 
 
 Execiition 396. ]Sro execution shall in anv case issue to levy the money 
 
 stayed till . . ■- j - 
 
 money due owing from any garnishee until and so far only as such money 
 shall become fully due. C. O. 21, E. 396. 
 
 Som""""" ^^^" ^^ ^^^^ ^^^ ^^' accruing due to a mechanic, workman, 
 
 gainishment labourer. Servant, clerk or employee for or in respect of his 
 wages or salary shall be liable to seizure or attachment unless 
 the said debt exceeds the sum of $25 and then only to the 
 extent of the excess : 
 Exception Provided that nothing in this rule contained shall apply to 
 
 any case where the debt sued for or in respect of which the 
 judgment was recovered has been contracted for board and 
 lodging. 
 
 oSmpt°on ('^) ^f ^^^ ^^^^ amount of $25 or any portion thereof is 
 paid into court it shall not he necessary for the debtor to claim 
 the same but he shall be entitled to have it paid out to him at 
 
JUDICATURE 523 
 
 <iny time on application to the cleric bid in the event of no such 
 application being made until the expiration of two months after 
 such payment in or after judgment is recovered against the 
 debtor ivhichever is later the judgment creditor shall be entitled 
 on application to the judge to have the said sum or so much 
 thereof as may be sufficient to satisfy his judgment paid out to 
 him. C. O. 21, E. 397, amend, by c. 8 of 1903, Sess. 1, s. 2. 
 
 OEDEE XXXIIl. 
 
 INTEELOCUIOEY OEDEKS AS TO ilAXDAMUS^ IN JUBTCTIONS OE 
 IXTEEIil PEESERVATIOX OE PEOPEETY. 
 
 398. Applications for interlocutory orders for mandamus, interlocutory 
 injunction or receiver or the interim preservation of property ^ownmde"'^' 
 may be made ex parte in the first instance or by notice of 
 
 motion or on summons in chambers : 
 
 Provided that on an ex parte application the judge may 
 require notice to be given to any party or parties interested. 
 C. 0. 21, E. 308. 
 
 399. "When by anv contract a prima facie case of liability is interim 
 
 1T11 T ^ " ■ m T /-ij" -ij-j. preservation 
 
 established and there is alleged as matter oi detence a right to of proyierty 
 be relieved wholly or partially from such lability the court or 
 judge may make an order for the preservation or interim cus- 
 tody of the subject matter of the litigation or may'order that 
 the amount in dispute be brought into court or otherwise 
 secured. Application for an order under this rule may be made 
 in chambers by summons or notice of motion by any party at 
 any time after his right thereto appears from the pleadings or, 
 if there be no pleadings, is made to appear by affidavit or other- 
 wise to the satisfaction of the court or judge. [E. 657 and 
 663.] CO. 21, E. 399. 
 
 400. It shall be lawful for a judge on the application of any order for sale 
 
 ^ of goods, etc. 
 
 party to make any order for the sale by any person or persons 
 named in such order and in such manner and on such terms as 
 the judge may think desirable of any goods, wares or merchan- 
 dise which may be of a perishable nature or likely to injure 
 from keeping or Avhich for any other just or sufficient reason it 
 may be desirable to have sold at once. [E. 658. J C. 0. 21, 
 E. 400. 
 
524 JUDICATUEE 
 
 presfervati'on ^^l. It shall be lawful for a judge upon the application of 
 of propCTty"" '^^y P^^ty to ^ cause Or matter and upon such terms as may he 
 just to make any order for the detention, preservation or inspec- 
 tion of any property or thing being the subject of such cause or 
 matter or as to which any question may arise therein and for 
 all or any of the purposes aforesaid to authorise any person to 
 enter upon or into any land or building in the possession of any 
 party to such cause or matter and for all or any of the purposes 
 aforesaid to authorise any samples to be taken or any observa- 
 tion to be made or experiment to be tried which may be neces- 
 . sary or expedient for the purpose of obtaining full information 
 or evidence. [E. 659.J 0. O. 21, E. 401. 
 
 mlTo^ilivI 402. It shall be lawful for the judge by whom any cause or 
 matter may be heard or tried with or without a jury or before 
 whom any cause or matter may be brought, to inspect any 
 property or thing concerning which any question may arise 
 therein and in jury cases the judge may make all such orders 
 upon the sheriff or other person as may be necessary to procure 
 the attendance of the jury at such time and place and in such 
 manner as he may think fit. [E. 660 and 661.] C. 0. 21, 
 K. 402. 
 
 deilvery'^of ^O^- Where an action is brought to recover or a defendant in 
 
 chattel his defence seeks by way of counterclaim to recover specific 
 
 Hen'or'^ ""'^^'' property other than land and the party from whom such recov- 
 
 Sou™^"'^'"*'^ ery is sought does not dispute the title of the party seeking to 
 
 recover the same but claims to retain the property by virtue of 
 
 a lien or otherwise as security for any sum, the judge may at 
 
 any time after such last mentioned claim appears from the 
 
 pleadings or if there be no pleadings by affidavit or otherwise 
 
 to the satisfaction of such judge, order that the party,claitning 
 
 to recover the property be at liberty to pay into court to abide 
 
 the event of the action the amount of money in respect of which 
 
 the lien or security is claimed and such further sum if any for 
 
 interest and costs as such judge may direct and that upon such 
 
 payment into court being made the property claimed be given 
 
 up to the party claiming it. [E. 664.] C. O. 21, K. 403. 
 
 ^/estate"* °"' ^^^' Where any real or personal estate forms the subject of 
 pendente lite any proceedings in the court and the judge is satisfied that the 
 same will be more than sufficient to answer all the claims 
 thereon which ought to be provided for in such proceedings the 
 judge may at any time after the commencement of the proceed- 
 ings allow to the parties interested therein or to any one or more 
 of them the. whole or part of the annual income of the real 
 
JUDICATUEE 525 
 
 estate or a part of the personal estate or the whole or a part of 
 the income thereof up to such times as the judge shall direct. 
 [E. 665.] C. O. 21, E. 404. 
 
 405. An injunction shall be by a judgment or order and any injunction 
 such judgment or order shall have the effect which a similar 
 judgment or order has in England. [E. 66Y.] C. O. 21, R. 
 
 405. 
 
 406. In any cause or matter in which an injunction has been injunction 
 
 ■^ , _ ■• against 
 
 or might have been claimed the plaintiff may before or after wrongful act 
 
 ° . "^ Of ureach of 
 
 judgment apply for an injunction to restrain the defendant or contract 
 respondent from the repetition or continuance of the wrongful 
 act or breach of contract complained of or from the commission 
 of any injury or breach of contract of a like kind relating to 
 the same property or right or arising out of the same contract 
 and the judge may grant the injimction either upon or without 
 terms as may be just. [E. 668.] C. 0. 21, R. 406. 
 
 MAJSTDAMUS. 
 
 407. The plaintiff in any action in which he shall claim a Mandamus 
 mandamus to command the defendant to fulfil any duty in the 
 fulfilment of which the plaintiff is personally interested shall statoi;^ent 
 include the claim in his statement of claim. [E 719.] C. O. 
 
 21, E. 407. 
 
 408. If judgment be given for the plaintiff the court o^ Jg^fj'jJ'^'^P^'}^,^ 
 judge may by the judgment command the defendant either performance 
 forthwith or on the expiration of such time and upon such 
 
 terms as may appear to the court or judge to be just to perform 
 the duty in question. The court or judge may also extend the 
 time for the performance of the duty. [E. 721.] G. O. 21, 
 E. 408. 
 
 409. In the event of noncompliance with the judgment as Enforcement 
 aforesaid the same may be enforced by prerogative mandamus 
 
 as in England. C. O. 21, E. 409. 
 
 410. 1^0 action or proceeding shall be commenced or prose- Protection of 
 cuted against any person in respect of anything done m obedi- under^^^^ 
 ence to a judgment or order for a mandamus. C. O. 21, E. 410. 
 
 411. No writ of mandamus shall hereafter be issued in any Mandamus to 
 action but a mandamus shall be by judgment or order which j;tdgment or 
 shall have the same effect as a similar judgment or order has 
 
 in England. [E. 722.J 0. 0. 21, E. 411. 
 
526 
 
 JUDICATUEE 
 
 OEDEE XXXIV. 
 
 EECEIVEBS. 
 
 Receiver 
 
 Security 
 
 412. Where an order is made directing a receiver to be 
 appointed unless otherwise ordered the person to be appointed 
 shall first give security to be allowed by a judge duly to account 
 for what he shall receive as such receiver and to pay the same as 
 Remuneration ^.j^g Qourt Or judge shall direct and the person so to be appointed 
 shall unless otherwise ordered be allowed a proper salary or 
 allowance. [E. 672.] C. O. 21, E. 412. 
 
 Time for flliug 
 accounta and 
 payment of 
 balances 
 
 Neglect of 
 receiver 
 
 413. When a receiver is appointed with a direction that he 
 shall pass accounts the judge shall fix the days upon which he 
 shall annually or at longer or shorter periods file and pass such 
 accounts and also the days upon which he shall pay the balances 
 appearing due on the accounts so filed or such part thereof as 
 shall be certified as proper to be paid by him and with respect 
 to any such receiver as shall neglect to file and pass his accounts 
 and pay the balances thereof at the times so to be fixed for that 
 purpose as aforesaid the judge before whom any such receiver 
 is to account may from time to time when his subsequent 
 accounts are produced to be examined and passed disallow the 
 salary therein claimed by such receiver and may also if he shall 
 think fit charge him with interest upon the balances so 
 neglected to be paid by him during the time the same shall 
 appear to have remained in the hands of any such receiver. 
 [E. 674.J C. 0. 21, E. 413. 
 
 Default of 
 receiver 
 Procedure on 
 
 414. In case of any receiver failing to file any account or 
 affidavit or to pass such account or to make any payment or 
 otherwise the receiver or the parties or any of them may be 
 required to attend before the judge to show cause why such 
 account or affidavit has not been filed or such account passed or 
 such payment made or any other proper proceedings taken and 
 thereupon such directions as shall be proper may be given by 
 the judg3 including the discharge of any receiver and appoint- 
 ment of another and payment of costs. [E. 677.] 0. 0. 21, 
 E. 414. 
 
 ^Bwrants' *^^- When a receivership has been completed the book con- 
 
 taining the accounts shall be deposited in the clerk's office. 
 C. 0. 21, E. 415. 
 
 Passinu 
 accounts 
 
 416. The accounts of liquidators and of guardians shall be 
 passed and verified in the same manner as receivers' accounts. 
 C. O. 21, E. 416. 
 
JUDICATUEE 527 
 
 OKDER XXXV. 
 
 ATTACHMENT OF PERSONAL, PROPEETY. 
 
 417. After the commencement of any suit wherein the claim J*tcachment 
 is for the recovery of a debt of $50 or upwards from the def en- ° ^°° ^ 
 dant to the plaintiff upon affidavit made by the plaintiff or one AffldavUs 
 of several plaintiffs, if more than one, his or their agent, having 
 
 a personal knowledge of the matter stating clearly and suc- 
 cinctly from what cause such debt arose and the amount thereof 
 and that he has good reason to believe (giving reasons therefor) 
 that the defendant: 
 
 (a) Is about to abscond or has absconded from the Terri- 
 tories leaving personal property in any judicial dis- 
 trict thereof liable to seizure under execution for 
 debt; or 
 
 (h) Has attempted to remove such personal property out 
 of the said Territories or to sell or dispose of .the 
 same with intent to defraud his creditors generally or 
 the plaintiff in particular ; or 
 
 (c) Keeps concealed to avoid service of process; and 
 
 (d) In either case that the deponent verily believes that 
 without the benefit of the attachment the plaintiff will 
 lose his debt or sustain damage ; 
 
 and upon the further affidavit of one other credible person that 
 he is well acquainted with the defendant and has good reason 
 to believe (giving such reasons) that the defendant is about to 
 abscond or has absconded or has attempted to remove his per- 
 sonal property out of the said Territories or to sell or dispose of Application 
 the same or keeps concealed with intent as aforesaid as the case '° J"^^® 
 may be the judge being satisfied with the reasons aforesaid on 
 application to him ex parte may direct the clerk to issue a writ 
 of attachment in form D in the schedule hereto which writ shall 
 be executed by the sheriff according to its tenor : 
 
 Provided that in any case where the debtor has absconded or Exemption 
 is about to abscond from the Territories leaving no wife or 
 family behind no property of such debtor shall be exempt from 
 seizure. 0. O. 21, E. 417. 
 
 418. A copv of every such writ shall be served on the debtor copy writ of 
 
 •t^./ -z 1 • <• 1 • attachment 
 
 against whose effects the same is issued at the time of making to be served 
 any seizure thereunder or as soon thereafter as such service can 
 be effected if the said debtor can be found ; but if such personal 
 service cannot be effected a copy thereof shall be left with some 
 
528 
 
 JUDICATUKB 
 
 Sheriff's 
 return and 
 inventory 
 
 Return of 
 goods seized 
 on giving 
 security or 
 deposit of 
 value claimed 
 
 grown up person resident at the place where such seizure is 
 made or if no person is resident, posted in a conspicuous place 
 on the premises. 0. 0". 21, K. 418. 
 
 419. Immediately after making a seizure under the said 
 writ the sheriff shail make a return of the writ and with such 
 return transmit annexed thereto an inventory of the property 
 seized and the value thereof according to the best of his judg- 
 ment and an aifidavit of the manner, in which service of such 
 writ has been effected. C. 0. 21, E. 419. 
 
 420. Upon the seizure of any property under the writ here- 
 inbefore described the person in whose possession it was at the 
 time qf seizure may have the same returnd to him upon giving 
 the sheriff sufficient security for or paying into court an amount 
 equal to its appraised value as shown in the inventory pre- 
 scribed by the preceding rule hereof. C. O. 21. E. 420. 
 
 421. Unless the property seized is redelivered or relin- 
 quished by the sheriff imder any of the provisions hereof he 
 shall hold the same until the plaintiff obtains judgment in the 
 cause and an execution upon such judgment is delivered to the 
 sheriff : 
 
 Provided that in case the plaintiff shall be guilty of any 
 unnecessary delay in the prosecution of his suit to judgment 
 the court or a judge may order the redelivery of the property 
 so seized to the person from whose possession it was taken 
 unless some other writ of attachment or execution against the 
 defendant shall be in the sheriff's hands for execution. C. 0. 
 21, K. 421. 
 
 Subsequent 
 proceedings 
 
 422. ISTotwithstanding the issue of a writ of attachment the 
 cause shall be proceeded with in the ordinary way but the plain- 
 tiff shall not have judgment against the defendant except by 
 order of the judge and in case the plaintiff fstils to recover 
 judgment for the full amount of the debt sworn to he shall not 
 bo entitled to any costs but may be ordered to pay the costs of 
 the defendant. C. 0. 21, R. 422. 
 
 Setting aside 
 writ 
 
 423. A writ of attachment may be set aside by a judge on 
 satisfactory proof by affidavit that the creditor wtho sued out 
 such writ had not reasonable cause for taking such proceeding. 
 0. 0. 21, E. 423. 
 
 Disposal of 424. In case any horses, cattle, sheep or any perishable goods 
 
 perishable or chattels Or such as from their nature cannot be safely kept 
 
 goods pending . i i ,. , ■ j; 
 
 suit or conveniently taken care oi are taken under any writ oi 
 
JUDICATURE 529 
 
 attachment the officer who seized the same shall have them 
 appraised and valued on oath by two competent persons and in 
 case the plaintiff desires it and deposits with the sheriff a bond 
 tc the defendant ex.-icuted by one or more persons whose suf- 
 ficiency shall be approved of by such officer in double the 
 amount of the appraised value of such articles conditioned for 
 the payment of such appraised value to the defendant together 
 with all costs and damages incurred by the seizure and sale 
 thereof in case judgment is not obtained by the plaintiff against 
 the defendant then the sheriff may sell all or any of such 
 enumerated articles at public auction to the highest bidder 
 giving not less than six days' notice of such sale unless any of 
 the articles are of such a nature as not to allow of that delay 
 in which case the officer shall sell such articles last mentioned 
 forthwith and shall hold the proceeds of such sale for the same 
 purpose as he would have held any property seized under the 
 attachment. 0. O. 21, E. 424. 
 
 425. If the plaintiff after notice to himself or his advocate piaintift 
 of the seizure of any articles enumerated in rule 424 hereof g™e security 
 jaeglectg or refuses to deposit the bond or only offers a bond 
 with sureties insufficient in the judgment of the sheriff then 
 after the lapse of four days next after the notice the sheriff 
 shall be relieved from all liability to the plaintiff in respect to 
 the articles so seized and the sheriff shall forthwith restore the 
 same to the person from whose possession he took such articles. 
 [E.S.O. 1897, c. 79, s. 6.j C. O. 21, E. 425. 
 
 OEDEE XXXVI. 
 
 EEPLEVIN. 
 
 426. In any action brought for the recovery of any personal Beoovery 
 property and claiming whether alone or with any other claim unlawfully 
 that such property was unlawfully taken or is unlawfully 
 detained the plaintiff may at any time after the issue of the 
 writ of summons obtain a writ of replevin for the delivery of 
 the property to him on his complying with the following rules ; 
 such writ shall be in form E in the schedule hereto with such Property in 
 
 , . ■, . custody of 
 
 variations as circumstances may require; but nothing herein court 
 contained shall authorise the replevying any property seized 
 by the sheriff or other officer charged with the execution of any 
 process issued out of the court. C. O. 21, E. 426. 
 
530 
 
 JUDICATUEE 
 
 Issue of 
 writ of 
 replevin 
 
 AfHdavit 
 therefor 
 
 427. Writs of replevin shall be issued by the clerk of the 
 court upon the plaintiff or his diily authorised agent filing an 
 affidavit naming the judicial district in which the property is 
 and 
 
 1. Embodying a description of the property sought to be 
 replevied and the value thereof to the best of the deponent's 
 belief; and that the person claiming is the owner or is entitled 
 to the possession of the said property ; 
 
 2. Further stating if replevin is soiight in the case of pro- 
 perty distrained for rent or damage feasant that the property 
 was taken under colour of distress for rent or damage feasant 
 as the case may be ; 
 
 3. Or in the case of property wrongfully taken out of the 
 possession of the claimant or fraudulently got out of his posses- 
 sion stating in addition to the particulars required by clause 1 
 of this rule "the time and the wrongful and fraudulent manner 
 in which the same was taken or gotten out of his possession 
 and such facts and circumstances as show that the claimant is 
 entitled to the possession of the property. 0. O. 21, K. 427. 
 
 Replevin bond 428. Before the sheriff replevies he shall take a bond in 
 double the value of the property to be replevied as stated in the 
 
 Assignment of Writ. The boud shall be assignable to the defendant by the 
 sheriff indorsing his name thereon and such indorsement shall 
 enable the defendant to bring an action thereon in his own 
 name against the parties who have executed it. The bond may 
 be in form F in the schedule hereto with such variations as 
 circumstances may require and the parties to such bond shall 
 be liable to the defendant and the defendant be entitled to 
 recover from them in such action as well the value of the pro- 
 perty replevied as the amount of any judgment in his favour 
 in the original action as also such damages as the defendant 
 may have sustained by reason of the detention of the property 
 replevied by means of the said writ. C. O. 21, E. 428. 
 
 Form 
 
 Defendant's 
 rights 
 
 Service of copy 429. A copy of such writ shall be served upon the defendant 
 personally or if he cannot be found left at his usual or last place 
 of abode with his wife or some other grown up person being 
 a member of his family or household or if no such person resi- 
 dent there posted in a conspicuous place on the premises or if 
 the defendant has no known residence posted up in the office of 
 the clerk who issued the writ ; but such service or posting shall 
 not be made until the • sheriff has replevied the property 
 described in the writ or such part thereof as can be found; and 
 in case the said sheriff or other officer has good reason to sus- 
 
JXTDICATUEE 531 
 
 pect that the property to be replevied or any part thereof is Property 
 
 ■^ .^ , "^ ,., ,. secured 01" 
 
 secured, contained or concealed m any dwelling; house, building concealed 
 
 ° .. from sheriff 
 
 or enclosure of the defendant or of any other person keeping 
 or holding the same and the said sheriff or officer demands from 
 the owner, occupier or other person in charge of the premises 
 aforesaid deliverance of the said property and the same shall 
 not be delivered upon such demand he may and if necessary he 
 shall (but only between sunrise and sunset) break open such 
 premises and enter and search the same for the purpose of 
 replevying the property demanded and if found therein replevy 
 the same. 
 
 (2) The defendant or his agent (except in case of <^istress^ef«^^^^^l^^^ 
 for rent or damage feasant) shall have the right to retain pos- "^^fyl'^s 
 'session of the property described in the writ or any portion 
 thereof if he shall give approved security to the sheriff in the 
 form F (1) in the schedule hereto with such variations as cir- 
 cumstances may require; such security shall he assigned on 
 request to the plaintiff hy the sheriff indorsing his name 
 Hhereon; and such indorsement shall he sufficieni to ' enable 
 such plaintiff to bring action thereon in his own name against 
 the several parties ivho have executed such security. C. 0. 21, 
 E. 429 and 1901 c. 10, s. 7. 
 
 430. The sheriff shall make a return to the writ to the clerk sheriff ^^ ^^ 
 of the court whence it issued and shall annex to the return : 
 
 1. The names, places of residence and occupation of the 
 ^sureties in and the date of the bond taken from the plaintiff 
 and the names of the witnesses thereto ; 
 
 2. The niunber, quality and quantity of the articles of pro- 
 perty replevied and in case he has replevied only a portion of 
 the property mentioned in the writ and cannot replevy the 
 residue he shall state in his return the articles which he cannot 
 replevy and the reason why not ; x 
 
 3. If the property is retained hy the defendant under sub- 
 rule (£) of rule Jf29, the names, places of residence and occu- 
 pation of the parties and the date of the bond taken from the 
 defendant and the names cf the ivitnesses thereto. C. 0. 21, 
 E. 430, added to by 1901 c. 10, s. 8. 
 
 OEDEE XXXVII. 
 
 INTEEPLBADEE. 
 
 431. Eelief by way of interpleader may be granted: interpleader 
 
 1. "Where the person seeking relief (hereinafter called the cases in whi( 
 
 ^ „ 11, J relief grante 
 
 applicant) is under any liability for any debt, money, goods or 
 
532 JUDICATURE. 
 
 chattels for or in respect of which he is or expects to be sued 
 bj- two or more parties (hereinafter called the claimants) 
 making adverse claims thereto ; 
 
 £. Where the applicant is a sheriff or other officer charged 
 with the execution of process by or under the authority of the 
 court and claim is made to any property taken or intended to 
 be taken in execution or attachment under any process or to 
 the proceeds or value of any such property by: 
 
 (a) Any person other than the person against whom the 
 process issued; 
 
 (&) Any landlord for rent ; 
 
 (c) Any second or subsequent execution creditor claiming 
 priority over any previous judgment, execution, pro- 
 
 , cess or proceeding; 
 
 (d) I'he execution or attachment debtor claiming the 
 benefit of any exemptions from seizure allowed by 
 law. [E. 850.J C. O. 21, E. 431. 
 
 Sheriff's 432. Where a claim is made to or in respect of any goods or 
 
 Claim to be chattels taken in execution under the process of the court it 
 
 Notice toand shall he in writing and upon the receipt of the claim the sheriff 
 
 creditor or his officer shall forthwith give notice in writing thereof to 
 
 the ; execution creditor and the execution creditor shall within 
 
 four days after receiving the notice give notice in writing to the 
 
 sheriff or his officer that he admits or disputes the claim. If 
 
 the execution creditor admits the title of the claimant and gives 
 
 such notice he shall only he liahle to such sheriff or officer for 
 
 any fees and expenses incurred prior to the receipt of the notice 
 
 admitting the claim. 1903, Sess. 1, c. 3, s. 3. 
 
 idmtt^dor '^^^- Where the execution creditor does not in due time as 
 fs^ue'of"'"^' directed by the last preceding rule admit or dispute the title of 
 summons ^j^g claimant to the goods or chattels and the claimant does not 
 withdraw his claim thereto by notice in writing to the sheriff or 
 his oificer the sheriff may apply for an interpleader summons 
 to be issued and should the claimant withdraw his claim by 
 Admission or noticc in Tii'lting to the sheriff or his officer or the execution 
 after creditor in like manner serve an admission of the title of the 
 
 claimant prior to the return day of such summons and at the 
 same time give notice of such admission to the claimant the 
 judge may in and for the purposes of the interpleader pro- 
 ceedings make all such orders as to costs, fees, charges and 
 Costs expenses as may be just and reasonable. C. O. 21, E.. 433. 
 
 Matters to be 434. Tho applicant must satisfy the court or judge by affi- 
 appiioant davit or otherwise : 
 
JUDICATURE 533 
 
 1. That the applicant claims no interest in the siibject mat- 
 ter or dispiite other than for charges or costs ; and 
 
 2. That the applicant does not collude with any of the claim- 
 ants; and 
 
 S. That the applicant is willing to pay or transfer the sub- 
 ject matter into court or to dispose of it as the court or judge 
 may direct. [E. 851.J C. O. 21, E. 434. 
 
 435. The applicant shall not be disentitled to relief by reason Adverse titles 
 only that the titles of the claimants have not a common origin ° " '^'™'^" ^ 
 but are adverse to and independent of one another. [E. 852. J 
 
 0. O. 21, E. 435. 
 
 436. When the applicant is a defendant application for Application 
 relief may be made at any time after service of the writ of 
 summons. [E. 853.J C. O. 21, E. 436. 
 
 by defendant 
 
 437. The applicant may take out a summons calling on the Summons by 
 claimants to appear and state the nature and particulars of*^^'"^" 
 their claims and either to maintain or relinquish them. [E. 
 
 854.] 0. O. 21, E. 437. 
 
 438. If the application is made by the defendant in an stay of action 
 action the court or judge may stay all further proceedings in 
 
 the action. [E. 855.] C. O. 21, E. 438. 
 
 Ruramons 
 
 439. If the claimauts appear in pursuance of the summons Order on 
 the court or judge may order either that any claimant be made 
 a defendant in any action already commenced in respect to the 
 subject matter in dispute in lieu of or in addition to the appli- 
 cant or that an issue between the claimants be stated and tried ^^^^^ 
 snd in the latter case may direct which of the claimants is to 
 
 be plaintiff and which defendant as also the time and place for 
 the trial of such issue. [E. 856.] 0. O. 21, E. 439. 
 
 440. The judge may if it seems desirable so to do dispose of summary 
 
 ■I ^ <J , . , . disposal 
 
 the merits of their claims and decide the same m a summary 
 manner and on such terms as may be just. [E. 857.] C. O. 
 21, E. 440. 
 
 441. When the question is a question of law and the facts Question of 
 are not in dispute the judge may either decide the question 
 without directing the trial of an issue or order that a special 
 
 case be stated for the opinion of the court. If a special case is special 
 
 . -1 1 n J? case 
 
 stated the provisipns herein relating to special cases shall as lar 
 as applicable apply thereto. [E. 858.] 0. O. 21, E. 441. 
 
534 
 
 JUDICATUEE 
 
 Claimant not 442. Tf a claimant having; been dulv Served With a summons 
 
 appearing or ° - . .. -,..,,. 
 
 otherwise in calling upon him to appear and maintain or relmquisn nis 
 claim does not appear in pursuance of the summons or having 
 appeared neglects or refuses to comply with any order made 
 after his appearance the court or judge may make an order 
 declaring him and all persons claiming under him forever 
 barred against the applicant and persons claiming under him 
 but the order shall not affect the rights of the claimants as 
 between themselves. [E. 859.J C. O. 21, E. 442. 
 
 Appeaiiies 443. Subject to the provisions of this order an appeal shall 
 
 lie to the court en hanc from the decision of the court or a 
 
 Decision j judge in any interpleader proceeding but subject to such appeal 
 the decision of the court or judge shall be final and conclusive 
 against the claimants and all persons claiming under them. 
 C. 0. 21, E. 443. 
 
 o/goolrsefzed ^'^^- ^^^^^ goods and chattels have been seized in execution 
 or under attachment by a sheriff and any claimant alleges that 
 he is entitled under a bill of sale or otherwise to the same by 
 way of security for debt the judge may order the sale of the 
 whole or a part thereof and direct the application of the pro- 
 ceeds of the sale in such manner and upon such terms as may 
 be just. [E. 861.J G. 0. 21, E. 444. 
 
 Discovery and 
 inspection 
 
 Powers of 
 judge 
 
 445. The rules of court in respect to discovery and inspec- 
 tion shall with the necessary modifications apply in inter- 
 pleader proceedings and the judge before whom the proceedings 
 are had may finally dispose of the whole matter of the inter- 
 pleader proceedings including all costs not otherwise provided 
 for. [E. 862.] C. O. 21, E. 445. 
 
 Application 
 where several 
 executions 
 against same 
 property 
 
 Delivery of 
 property to 
 claimant 
 pending 
 adjudication 
 
 446. In case the sheriff has more than one writ at the suit or 
 instance of different parties against the same property it shall 
 not be necessary for the sheriff to make separate applications 
 on such writs or in each case ; but he may make one applica- 
 tion and m.ake all the parties who are execution creditors 
 parties to the said application ; and the court or judge before 
 whom the application is made may make such order therein as 
 if a separate application had been made upon and in respect of 
 each writ. 0. 0. 21, E. 446. 
 
 447. Pending the adjudication of any such claim the sheriff 
 may upon sufficient security being given to him by bond or 
 otherwise for the forthcoming and delivery to him of the pro- 
 perty so taken or the value thereof when demanded permit the 
 claimant to retain the possession of the same until there shall 
 
JUDIOATUEE 535 
 
 be final adjudication in respect of the same; but in every such 
 case it shall be competent for the said sheriff or other officer at 
 any time he shall see fit to resume the actual and absolute pos- 
 session and custody of the said property notwithstanding such Saie ot cattle 
 Vend or security. Horses, cattle, sheep or any perishable goods Koods 
 the subject of interpleader may at the request of either party 
 and upon his fvirnishing sufficient security or by order of the 
 judge be sold by the seizing officer at public auction to the 
 highest bidder giving not less than ten days' notice of such sale 
 unless any of the articles are of such a nature as not to admit 
 of delay in which case they may be sold forthwith. 0. O. 21, 
 E. 447'. 
 
 448. The court or a iudffe may in and for the purposes of Costs and 
 
 ■' . ° ■' -^ -^ other matters 
 
 any interpleader proceedings make all such orders as to costs 
 and all other matters as may be iust and reasonable. [E. 864.J 
 C. 0. 21, E 448. 
 
 OEDEE XXXVIII. 
 
 SALE OF LAND, PAETITIOK^ ETC. 
 
 449. If in any cause or matter relating to any real estate it court may 
 
 ■^ o . ./ order sale of 
 
 shall appear necessary or expedient that the real estate or any real estate 
 part thereof should be sold the court or a judge may order the 
 same to be sold and any party bound by the order and in pos- 
 session of 'the estate or in receipt of the rents and profits thereof 
 shall be compelled to deliver up such possession or receipt to 
 the purchaser or such other person as may be thereby directed. 
 [E. 680.] _C. O. 21, E. 449. 
 
 450. In all cases where a sale, mortgage, partition or Mode of 
 exchanare is ordered the court or a judge shall have power in sale, 
 
 ... . -, -, -, .,..,, . ■, -J. mortgage, etc. 
 
 addition to the powers already existing, with a view to avoiding when ordered 
 expense or delay or for other good reason, to authorise the same 
 to be carried out : 
 
 1. By laying proposals before the judge in chambers for his 
 sanction; or 
 
 2. By proceedings altogether out of court, any moneys pro- 
 duced thereby being paid into court or to trustees or otherwise 
 dealt with as the judge in chambers may order : 
 
 Provided always that the judge shall not authorise the said 
 proceedings altogether out of court unless and until he is satis- 
 fied by such evidence as he shall deem sufficient that all persons 
 interested in the estate to be sold, mortgaged, partitioned or 
 
536 
 
 JUDICATTJBE 
 
 exchanged are before the court or are bound by the order for 
 sale, mortgage, partition or exchange and every order author- 
 ising the said proceedings altogether out of court shall be 
 prefaced by a declaration that the judge is so satisfied as afore- 
 said and a statement of the evidence upon which such declara- 
 tion is made. [E. 680a.] C. 0. 21, E. 450. 
 
 Sale by court 
 
 Approval of 
 judge 
 
 Parties 
 
 451. Where a judgment or order is given or made whether 
 in court or chambers directing any property to be sold, imless 
 otherwise ordered the same shall be sold with the approbation 
 of the judge to the best purchaser that can be got, the same to 
 be allowed by the judge, and all proper parties shall join in the 
 sale and conveyance as the judge shall direct. [E. 682. J C. 0. 
 
 21, E. 451. 
 
 Originating 
 summons tor 
 foreclosure, 
 etc. 
 
 452. A mortgagee or mortgagor whether legal or equitable 
 or any person entitled to or having property subject to a legal 
 or equitable charge or any person having the right to foreclose 
 or redeem any mortgage whether legal or equitable may obtain 
 an originating summons returnable in chambers for such relief 
 of the nature or kind following as may by the summons be 
 specified and as the circumstances of the case may require that 
 is to say : sale, foreclosure, delivery of possession by the mort- 
 gagor, redemption, reconveyance, delivery of possession by the 
 mortgagee. [E. Y67o.J C. O. 21, E. 452. 
 
 453. The judge may upon such summons pronounce such 
 judgment and make such orders as the case may require 
 including orders vesting such property in such person or per- 
 sons as may be found or declared entitled thereto for such 
 estate or interest as mav be requisite. [E. 770. J C. O. 21, 
 E. 453. 
 
 Persons to 
 be served 
 
 454. The persons to be served with the said summons shall" 
 be such pel sons as under the existing practice would be proper 
 defendants to an action for the like relief as that specified by 
 •the simimons. [E. 767&.J C. O. 21, E. 454. 
 
 Service on 
 other persons 
 
 455. The judge may direct such other persons to be served 
 with the summons as he may think fit. [E. 768. J C. O. 21, 
 E. 455. 
 
 Evidence 
 Trial of 
 questions 
 
 456. The application shall be supported by such evidence as 
 the judge may require and directions may be given as he may 
 think just for the trial of any questions arising thereout. [E. 
 769.] C. O. 21, E. 456. 
 
JUDICATUKE 537 
 
 456a. In all proceedings hefore the court or judge to recover MoTtga,see 
 the amount due under a mortgage whether such proceedings be required to 
 
 ^ J- •• 7 ••i- !• n !• 1 produce books 
 
 by way of action or by originating summons for the foreclosure 
 cr sale of the mortgaged property on in any other wayl if the 
 moneys secured by the mortgage are payable both as to prin- 
 cipal and interest by monthly instalments for an indefinite 
 period dependent for its duration upon computations resulting 
 from the investment of either the whole or a portion of such 
 monthly instalments by the mortgagee the mortgagee shall if 
 ordered by the court or judge so ta do before being entitled to 
 a judgment or to a final order for sale or foreclosure of the 
 mortgaged premises produce to the court or judge aill the' 
 original boohs and accounts, papers and documents in connec- 
 tion with the loan and show therefrom how the amount claimed 
 to be due on such mortgage is made up. 1901, c. 10, s. 9. 
 
 4:57. The judge may give any special directions touching the special 
 carriage or execution of the judgment or order or the service 
 thereof upon persons not parties as he may think just. [E. 
 771.J C. O. 21, R. 457. 
 
 OEDEE XXXIX. 
 
 MOTIONS AND APPLICATIOKS. 
 
 458. Applications for summonses, rules and orders to show iE^^^a^e^^^ 
 cause and applications authorised to be so made by these rules 
 
 may be made ex parte. Other motions in court shall be by court motions 
 notice of motion and other applications in chambers by sum- 
 mons except where otherwise specially provided. But the chamber^^^ 
 court or judge if satisfied that delay caused by proceeding m 
 the ordinary way would or might entail irreparable or serious 
 mischief may make any order ex parte upon such terms as to Order ex parte 
 costs or otherwise and subject to such undertaking if any as injurious 
 the court or judge may think just; and any party affected by 
 such order may move to set it aside or to vary it. [E. 698.] 
 C. O. 21, E. 458. 
 
 459. Every notice of motion or summons to set aside, remit Grounds to be 
 or enforce an award or for attachment or committal or to strike certain cases 
 off the rolls shall state in general terms the grounds of the ^^^^^^^^ 
 application ; and where any motion is made by notice a copy of affidavits 
 any affidavit intended to be used shall be served with the notice 
 
 of motion. [E. 699.] 0. O. 21, E. 459. 
 
538 
 
 JUDICATUEE 
 
 L«ngtrof ^^^- Unless the court or a judge gives special leave to the 
 
 notice contrary there must be at least two clear days between the 
 
 service of a notice of motion and the day named in the notice 
 for hearing the motion. [E. TOO.] C. O. 21, K. 460. 
 
 fdlramment ^^l. If on the hearing of a motion or other application the 
 ^ot'^8er?ld°°^ court Or judge shall be of opinion that any person to whom 
 notice has not been given .ought to have or to have had such 
 notice the court or judge may either dismiss the motion or 
 application or adjourn the hearing thereof in order that such 
 notice may be given upon such terms if any as the court or 
 judge may think fit to impose. [E. 701. J C. O. 21, E. 461. 
 
 Adjournment 462. The hearing of any motion or application may from 
 time to time be adjourned upon such terms if any as the court 
 or judge may think fit. [E. 702. j C. 0. 21, E. 462. 
 
 preiiSifar ^^^' ^^^^^ ^^ ^'^J application or motion in court or cham- 
 
 question ters it appears to the judge desirable that any question of law 
 or fact should be first determined before proceeding with the 
 complete hearing of such application or motion the judge may 
 direct such question to be first argued or determined upon such 
 terms as to costs, adjournment and otherwise as he deems 
 proper and upon the determination of such question the judge 
 may either finally dispose of the motion or application or pro- 
 ceed with a further hearing thereof as may be proper. C. 0. 
 21, E. 463. 
 
 ^wllvtngto^ 464. The plaintiff shall without any special leave be at 
 
 Service on liberty to scrve any notice of motion or other notice or any 
 
 notice on petition or summons upon any defendant who having been duly 
 
 served with a writ of summons to appear has not appeared 
 
 within the time limited for that purpose. [E. 703.] C. 0. 
 
 21, E. 464. 
 
 Service of 465. The plaintiff may by leave of the court or judge to be 
 
 notice of ^ . ^ '■ . , . t c i 
 
 motion before obtained ex parte serve any notice of motion upon any def end- 
 appearance ^ . , T . ^ - 
 
 ant along with the writ of summons or at any time after service 
 of the writ of summons and before the time limited for the 
 appearance of such defendant. [E. 704.] C. O. 21, E. 465. 
 
 Enforcing 466. ISTo order shall issue for the retu.rn of any writ or order 
 
 or order by cr to bring in the body of any person ordered to be attached, 
 
 arrested or committed ; but a notice from the person issuing the 
 
 writ or obtaining the order for attachment, arrest, replevin or 
 
 committal (if not represented by an advocate) or by his advo- 
 
JUDICATTJKE , 539 
 
 cate calling upon the sheriff to return such writ or order or to 
 bring in the body within ten days, if not complied with shall 
 entitle such person to apply for an order for the committal of 
 such sheriff. [E. 706.] C. O. 21, K. 466. 
 
 467. Every order shall be dated the day of the month and Date of orders 
 year -on which the same was made, unless the court or a judge 
 
 shall otherwise direct and shall take effect accordingly. [E. 
 708.J C. O. 21, E. 467. 
 
 468. Where an order has been made not embodying any certain orders 
 special terms nor including any special directions but simply dra^n'il^p''^ 
 enlarging time for taking any proceeding or doing any act or 
 
 giving leave : 
 
 (a) For the issue of any writ other than a writ of attach- 
 ment; 
 
 (b) Eor the amendment of any writ or pleadings ; 
 
 (c) For the filing of any document; or 
 
 (d) I'or any act to be done by any officer of the court 
 other than an advocate ; 
 
 it shall not be necessary to draw up such order unless the court 
 or a judge shall otherwise direct ; but the production of a note 
 or memorandum of such order sig-ned by a judge shall be 
 sufficient authority for such enlargement of time, issue or 
 amendment, filing or other act. A direction that the costs of 
 such order shall be costs in any cause or matter shall not be 
 deemed a special direction within the meaning of this section. 
 The advocate of the person on whose application such order is 
 made shall forthwith give notice in writing thereof to such per- 
 son if any as would if this rule had not been made have been 
 required to be served with such order. [E. 709. j 0. 0. 21, 
 R. 468. 
 
 ORDER XL. 
 
 APPLICATIOM-S IJT CHAMBERS. 
 
 I. — By Originating Summons. 
 
 469. Proceedings commenced by originating summons in the proceedings 
 supreme court of judicature in England may be so commenced s^^^SII,"/''"^' 
 under this Ordinance unless otherwise provided and proceed- 
 ings by a landlord to recover possession of demised premises 
 from an overholding tenant may be so commenced. 
 
540 
 
 JUDICATTJEE 
 
 (2) The application for an originating summons shall be 
 supported by an affidavit of the plaintiff or some other person 
 conversant with the facts verifying the facts on which the plain- 
 tifs claim is based. C. 0. 21, K. 469, added to by 1903, 
 Sess. 1, c. 8, s. 4. 
 
 Sealing and 
 form 
 
 470. An originating summons shall be sealed by the clerk 
 and shall follow form Gr in the schedule hereto with such varia- 
 tions as may be approved by the judge. 0. O. 21, K. 470. 
 
 Time for 
 
 appearanpe 
 
 . 471. Unless otherwise ordered there shall be at least ten 
 clear days between the service and return of an originating 
 summons. C. O. 21, K. 471. 
 
 472. All the rules relating to service of a writ of summons 
 on a defendant whether personal or substitutional and whether 
 within or without the jurisdiction shall apply to the service of 
 an originating summons and any order heretofore made per- 
 mitting service of any originating summons upon a defendant 
 without the jurisdiction or permitting substitutional service 
 upcm, a defendant shall be deemed to be good and valid if an 
 order permitting service of a writ of summons under the same 
 circumstances and in the sahne manner would have been good 
 and valid. 1902, c. 5, s. 3. 
 
 on ofigtaating ^'^^- Upon proof by affidavit of the due service of the origin- 
 summons ating summons or on the appearance in person or by advocate 
 of the parties served the judge may pronounce such judgment 
 as the nature of the case requires. [E. 470.] C. O. 21, R. 
 473. 
 
 Special 
 directions a? 
 to judgment 
 
 Service of 
 
 cliamber 
 
 summons 
 
 474. The judge may give any special directions touching the 
 carriage or execution of the judgment or the service thereof 
 upon persons not parties as he may think just. [E. 771.] 
 C. O. 21, R, 474. 
 
 II. — Generally. 
 
 475. Every summons except an originating summons shall 
 be served two clear days before the return thereof unless in any 
 case it shall be otherwise ordered. C. O. 21, R. 475. 
 
 Proceeding 4Y6. Where any of the parties to a summons fail to attend 
 
 ex parte i c 1 
 
 where party -whether upon the return of the summons or at any time 
 
 fails to attend i7i • -1 • c ^ • -, ./-i 
 
 appointed for the consideration or further consideration of the 
 matter the judge after waiting thirty minutes may allow the 
 case to proceed ex parte if considering the nature of the case 
 
JUDICAXUEE 541 
 
 he thinks it expedient so to do ; no affidavit of nonattendance 
 shall be required or allowed but the judge may require such 
 evidence of service as he mav think just. [E. 738. J 0. 0. 21, 
 R. 476. 
 
 477. "When the case has been allowed to proceed ex parte ReeoDsidera- 
 such proceeding shall not in any manner be reconsidered unless proceedings 
 the judge shall be satisfied that the party failing to attend was 
 
 not guilty of wilful delay or negligence ; and in such case the 
 costs occasioned by his nonattendance shall be in the discretion Costs 
 of the judge who may fi:x the same at the time and direct them 
 to be paid by the party or his advocate before he shall be per- 
 mitted to have such proceeding reconsidered or make such 
 order as to such costs as he may think just. [E; 739. J C. 0. 
 21, E. 477. 
 
 478. When a proceeding in chambers fails by reason of the Proceeding 
 
 ,, ^ ]. .-..-•' ,.-. failing by non- 
 
 nonattenaance oi any party and the judge does not think it attendance 
 expedient to allow ex parte proceeding the judge may order 
 such an amount for costs if any as he shall think reasonable Costs 
 to be paid to the party attending by the absent party or by his 
 advocate personally. [E. 740.J C. O. 21, E. 478. 
 
 479. When matters in respect of which summonses have been Summons 
 
 i not disposed 
 
 issued are not disposed of upon the return of the summons the o^™ return, 
 parties shall attend from time to time without further summons attendance 
 at such time or times as may be appointed for the consideration 
 or further consideration of the matter. [E. 741. J 0. O. 21, 
 R. 479. ' 
 
 480. A judge in chambers shall have jurisdiction to hear Jurisdiction 
 
 . ° -,. . . , . . 1 of judge in 
 
 and determine any application or motion, except where it is by chambers 
 this Ordinance or these rules otherwise provided, that may be 
 heard and determined by a single judge or which by the prac- 
 tice and procedure in the supreme court of judicature in 
 England may be heard and determined by any judge in cham- 
 bers, master or chief clerk. 0. O. 21, E. 480. 
 
 IIT. — Administration and Trusts. 
 
 481. The executors or administrators of a deceased person or originating 
 
 ■^ summons 
 
 the sureties for administrators and the trustees imder any, deed relating to 
 
 -. , , , express trusts 
 
 or instrument or any of them and any person claiming to be ot admmistra- 
 interested in the relief sought as creditor, devisee, legatee, next of deceased 
 of kin or heir at law of a deceased person or as cestui que trust 
 under the trust of any deed or instrument or as claiming by 
 
542 
 
 JUDICATUEE 
 
 Staying 
 actions 
 pending 
 performance 
 of trusts 
 
 Interference 
 witii 
 
 •discretion of 
 trustee 
 
 Service of 
 summons 
 
 Newspaper 
 notice 
 
 assignment or otherwise under such creditor or other person as 
 aforesaid may obtain an originating smnmons returnable 
 before the judge in chambers at such time as he may appoint, 
 for: 
 
 1. The administration of the estate of the deceased; 
 
 2. The administration of the trust; 
 
 3. The determination of any question affecting the rights or 
 interests of the jDcrson claiming to be creditor, devisee, legatee, 
 next of kin or heir at law or cestui que trust ; 
 
 Ji-. The ascertainment of any class of creditors, legatees, 
 devisees, next of kin, or others ; 
 
 5. The furnishing and vouching of any particular accounts 
 by executors, administrators or trustees; 
 
 6. The payment into court of auy money in the hands of 
 executors, administrators or trustees ; 
 
 7. Directing the executors, administrators or trustees to do 
 or abstain from doing any particular act in their character as 
 executors, administrators or trustees; 
 
 8. The approval of any sale, purchase, compromise or other 
 transaction ; 
 
 9. The determination of any question arising in the admin- 
 istration of the estate or trust ; 
 
 10. An order that no action bs brought or that all actions 
 and proceedings pending against trustees, executors or admin- 
 istrators be stayed for such period as to the said judge may 
 seem necessary or expedient in order that sufficient time be 
 allowed to such trustee, executor or administrator for the per- 
 formance of the trusts imposed upon him; provided however 
 that any. creditor or olher person interested in such estate may 
 apply before the expiration of such time for an order discon- 
 tinuing such st^y : 
 
 Provided that the proceedings under this rule shall not 
 interfere with or control any power or discretion vested in any 
 executor, administrator or trustee except so far as such inter- 
 ference or control may necessarily be involved in the particular 
 relief sought. 
 
 [E. 765, 766 and 774..J C. O. 21, E. 481. 
 
 482. The persons to be served with the summons under the 
 last preceding rule shall be such persons as would be the proper 
 defendants to an action for the like relief as that specified by 
 the summons and the summons shall be served upon such other 
 persons as the judge may direct and the intended hearing may 
 also be advertised in one or more newspapers as the judge may 
 order. [E. 767i.] C. O. 21, E. 482. 
 
JUDICATUKE 543 
 
 483. The application shall be supported by such evidence as Evidence 
 the judge may require. [E. 769.] C. O. 21, E. 483. 
 
 484. Upon the return of the summons the judge may pro- judgment on 
 nounce such judg-niTint and make such orders as the nature of ^'""""'"^ 
 the case requires. [E. 770.] 0. O. 21, E. 484. 
 
 485. The judge may give any special directions touching the special 
 carriage or execution of the judgment or order or the service 
 thereof tipon persons not parties as he may think proper. [E. 
 771.J C. O. 21, E. 485. 
 
 486. It shall not be obligatory on the court or judge to pro- Administra- 
 
 1 • T , T 1,1 tion not to be 
 
 nounce or make judgment or order whether on summons or ordered if 
 otherwise for the administration of any trust or of the estate oSierwise 
 of any deceased persDn if the questions between the parties xan 
 be properly determined without such judgment or order. [E. 
 772.] C. O. 21, E. 486. 
 
 487. Upon an application for administration or execution of powers of 
 t3"usts by a creditor or beneficiary under a will, intestacy or ministration 
 deed of trust where no accounts or insufficient accounts have accounts not 
 been rendered the court or a judge may in addition to the ^'^" 
 powers already existing : 
 
 (a) Order that the application shall stand over for a cer- 
 tain time and that the executors, administrators or 
 trustees in the meantime shall render to the applicant 
 a proper statement of their accounts with an intima- 
 tion that if this is not done they may be made to pay 
 the costs of the proceedings ; 
 
 (6) When necessary to prevent proceedings by other 
 creditors or by persons beneficially interested make 
 the usual judgment or order for administration Avith 
 a proviso that no proceedings are to be taken imder 
 such judgment or order without leave of the judge in 
 person. [E. 772a.] C. O. 21, E. 487. 
 
 488. Any of the following applications may be made by Appointment ^ 
 
 • . , . and vestiner 
 
 originating summons : order 
 
 1. An application for the appointment of a new trustee with 
 or without a vesting or other consequential order ; 
 
 2. An application for a vesting order or other order conse- 
 quential on the appointment of a new trustee whether the 
 appointment is made by the court or a judge or out of court. 
 C. 0. 21, E. 488. 
 
544 
 
 JUDICATURE 
 
 Sale ordered 
 of trust 
 property 
 
 Conduct of 
 sale 
 
 489. Whenever in an action for the administration of the 
 estate of a deceased person or execution of the trusts of a 
 written instrument a sale is ordered of any property vested in 
 any executor, administrator or trustee the conduct of such sale 
 shall be given to such executor, administrator or trustee unless 
 the judge shall otherwise direct. [E. 666. j 0. O. 21, K. 489. 
 
 Jud^e may 
 obtain 
 assistance 
 of experts 
 
 490. The judge may in such way as he may think fit obtain 
 the assistance of accountants, merchants, engineers and other 
 scientific persons the better to enable any matter at once to be 
 determined and he may act upon the certificate of any such 
 person. [E. 781.J C. O. 21, K. 490. 
 
 Claimants not 
 coming in to 
 prove 
 excluded 
 
 491. Where a judgment or order is given or made directing 
 an account of debts, claims or liabilities or an inquiry for heirs, 
 next of kin or other unascertained persons unless otherwise 
 ordered all persons who do not come in and prove their claims 
 within the time which may be fixed for that purpose by adver- 
 tisement shall be excluded from the benefit of the judgment 
 or order. [E. 806.J C. O. 21, E. 491. 
 
 Advertise- 
 ment of time 
 for proof 
 of claims 
 
 492. The court or judge may direct that notice of the time 
 so fixed shall be given by publishing an advertisement thereof 
 in some newspaper or newspapers in the Territories as the 
 court or judge may direct and unless otherwise directed no 
 other notice thereof or service shall be necessary. 0. 0. 21, 
 E. 492. 
 
 Signature 
 of notice 
 
 493. Such notice if the order is made by the court shall be 
 signed by the clerk as the officer of the court; if made by a 
 judge it shall be signed by him. 0. O. 21, 11. 493. 
 
 Persons not 494. Upon such notice beine; diily published and such other 
 
 provmg claims . . .. ° - . 
 
 within time noticc given or published or served as the court or 3udge may 
 direct, all persons who do not come in and prove their claims 
 within the time so fixed shall be excluded from the benefits of 
 the judgment or order. [E. 806.] C. O. 21, E. 494. 
 
 Application 
 by trustee, 
 etc., or 
 opinion and 
 direction of 
 court 
 
 495. Any trustee, executor or administrator may without the 
 institution of a suit upon a written statement verified on oath 
 apply to a judge in chambers for the opinion, advice or direc- 
 tion of such judge on any question respecting the management 
 or administration of the trust property or the assets of any 
 testator or intestate, notice of such application to be served 
 upon or the hearing thereof to be attended by all persons inter: 
 ested in such application or such of them as the said judge shall 
 think expedient and the said trustee, executor or administrator 
 
JUDICATURE 545 
 
 acting upon the opinion, advice or direction given by the said 
 judge shall be deemed so far as regards his own responsibility 
 to have discharged his own duty as such trustee, executor or 
 administrator in the subject maitter of the said application: 
 
 Provided nevertheless that nothing in this rule shall extend Exoneration 
 to indemnify any trustee, executor or administrator in respect 
 of any act done in accordance with such opinion, advice or 
 direction as aforesaid if such trustee, executor or adminis- Fraud or 
 
 ., „ . . -tc ^ 1 concealment 
 
 trator shall have been guilty oi any fraud or wilful conceal- 
 ment or misrepresentation in obtaining such opinion, advice 
 or direction; C. O. 21, E. 495. 
 
 IV. — Guardian ad litem. 
 
 496. At any time during proceedings at chambers under any infant or 
 judgment or order the judge may if he shall think fit appoint unsound mind 
 a guardian ad litem for an infant or person of unsound mind luem 
 
 not already so found who has been served with notice of such 
 judgment or order. C. O. 21, R. 496. 
 
 V. — Varying Orders. 
 
 497. The judge may set aside, vary or discharge any order consent to 
 made by him on consent of all parties interested. C. O. 21, order 
 
 E. 497. 
 
 OEDEE XLI. 
 
 COURT EN BANC. 
 
 498. The supreme court shall sit en hanc at such times and sittings of 
 
 ^ .^ . rpi court eji oaric 
 
 places as the Lieutenant Governor m Council appoints, ine 
 sittings may be adjourned from time to time as may be neces- 
 sary. C. O. 21, E. 498. 
 
 499. If on any of the days appointed for the sittings of the j|'3^^'>™«°t 
 court en hanc or adjournments thereof a sufficient number of 
 
 judges to constitute a quorum have not arrived the senior judge 
 present shall make such adjournment as he may think proper. 
 C. O. 21, E. 499. 
 
 500. No judgment given or order made by the court or a judgment on 
 
 •jocj ti"ii consGUti or els 
 
 judge by the consent of the parties or as to costs only wiiicJi by to costs, no 
 law are left to the discretion of the court or judge shall be sub- without leave 
 ject to any appeal except by leave of the court or judge giving 
 the judgment or making the order, C. 0. 21, E. 500. 
 
546 
 
 JUDICATUEE 
 
 Jurisdiction 501. JSTo appeal shall lie from the judgment or order of the 
 court presided over by a single judge or a judge of the court to 
 the court en banc without the special leave of the judge or court 
 whose judgment or order is in question unless the title to real 
 estate or some interest therein or the validity of a patent is 
 affected or unless the matter in controversy on the appeal 
 exceeds the sum of two hundred dollars exclusive of costs; or 
 unless the matter in question relates to the taking of an. annual 
 or other rent, customary or other duty or fee or a like demand 
 of a public nature or general nature affecting future rights. 
 C. 0. 21, E. 501. 
 
 Security 
 (or costs 
 
 Appeal or 
 motion for 
 new trial 
 
 502. No security for costs shall be required in applications 
 for new trials or appeals or motions in the nature of appeals 
 unless by reason of special circumstances such security is 
 ordered by a judge tipon application to be made within fifteen 
 days from the service of the notice of motion, application or 
 appeal. C. 0. 21, R. 502. 
 
 503. Motions for new trials, appeals and motions in the 
 nature of appeals shall be brought by notice of appeal and any 
 party appealing may by the same notice appeal and in the 
 alternative ask for a new trial. In motions for new trials, 
 appeals or motions in the nature of appeals the appellant may, 
 by the notice of appeal, appeal from the whole or any part of 
 the verdict, judgment or order and the notice of appeal shall 
 state whether the whole or part only of such verdict, judgment 
 or order is complained of and in the latter case shall specify 
 such part; and such notice of appeal shall state the grounds 
 on which such application is based. C. 0. 21, K. 503. 
 
 504. The notice of appeal shall be served within thirty days 
 after the verdict where the application is for a new trial and 
 within thirty days after judgment in other, cases but the court 
 or judge may either before or after the expiration of such 
 period enlarge the time for giving notice, provided that in 
 appeals from interlocutory orders the notice of appeal shall be 
 served within fifteen days from the date of the order but the 
 court or jiidge may in like manner enlarge the time for giving 
 such notice. C. O. 21, E. 504. 
 
 Amendment 505. The uotice may be amended at any time by leave of the 
 court or judge on such terms as the court or judge thinks just. 
 [E. 555.] C. 0. 21, E. 505. 
 
 Contents o( 
 notice 
 
 Time for 
 service 
 of notice 
 
 Service o( 
 notice of 
 appeal 
 
 506. In appeals or motions in the nature of appeals the 
 notice of appeal shall be served on all parties directly affected 
 by the appeal and it shall not be necessary to serve parties not 
 
JUDICATURE 547 
 
 SO affected ; bvit the court may direct notice of the appeal to be 
 served on all or any parties to the action or other proceeding 
 or upon any person not a party and in the meantime may 
 postpone or adjourn the hearing of the appeal upon such terms Parties to 
 as may be just and may give such judgment and make such 
 order as might have been given or made if the persons served 
 with such notice had been original parties. [E. 866.] C. O. 
 21, K'. 506. 
 
 507. On appeal the court shall have in addition to all the poJ^lrs^of 
 powers and duties as to amendment, full discretionary powers ^ppg^i°" 
 to receive further 'evidence on questions of fact as to matters 
 which have occurred after the date of the decision from which 
 the appeal is brought by affidavit or by deposition taken before 
 an examiner or commissioner ; such further evidence shall be 
 admitted on special grounds only and with the special leave of 
 the court. The court shall have power to draw inferences of 
 fact and to give any judgment and make any order which ought 
 to have been made and to make such further or other order as 
 the case may require. The powers aforesaid may be exercised 
 by the court notwithstanding that the notice of appeal may be 
 that part only of the decision may be reversed or varied and 
 such powers may also be exercised in favour of all or any of 
 the respondents or parties although such respondents or parties 
 may not have appealed from or complained of the decision. 
 The court shall have power to make such order as to the whole 
 or any part of the costs of the appeal as may be just. [E. 
 868.J a O. 21, E. 507. 
 
 508. A new trial shall not be granted on the ground of ^lis- New tnai^^no^t 
 direction or of the improper admission or rejection of evidence ^'^^^^l^yj^i 
 or because the verdict of the jury was not taken upon a ques- ^To^"8.»r,gg 
 tion which the judge at the trial was not asked to leave to them 
 
 unless in the opinion of the court to which the application is 
 made some substantial wrong or miscarriage has been thereby 
 occasioned in the trial ; and if it appear to such court that such 
 wrong or miscarriage affects part only of the matter, in con- 
 troversy or some or one only of the parties the court may give 
 final judgment as to part thereof or some or one only of the 
 parties and direct a new trial as to the other part only or as to 
 the other party or parties. [E. 556.] C. O. 21, K. 508. 
 
 509. A new trial may be ordered on any question whatever New trial on 
 
 • t fl,nv one 
 
 be the grounds for the new trial without interfering with the question 
 decision or finding upon any other question. [E. 557.] C. O. 
 21, R. 509. 
 
548 
 
 JUDICATUEE 
 
 .^irplication 
 Tto stay 
 proceedings 
 pending 
 appeal 
 
 Evidence on 
 appeal as to 
 question o( 
 fact 
 
 510. When notice of motion for a new trial or notice of 
 appeal has been served the further proceedings on the verdict, 
 finding, order or judgment may be stayed in whole or in part 
 until the decision on such motion or appeal by the court or by 
 the judge who presided at the trial on such terms as the court 
 or judge may think fit. * * * C. 0. 21, R. 510, repealed 
 in part by 1903, Sess. 1, c. 8, s. 5. 
 
 511. When any question of fact is involved in an appeal or 
 application for a new trial the evidence taken in the court 
 below or by the judge appealed from, bearing on such question 
 shall subject to any sjpecial order be brought before the court as 
 follows : 
 
 1. As to any evidence taken by afiidavit, by the production 
 of copies of such affidavits ; 
 
 2. As to any evidence given orally, by the production of 
 copies of the judge's notes or such other material as the court 
 may deem exi^edient. [E. 875.J C. O. 21, E. 511. 
 
 Interlocutory 512. ISio mterlocutorv order or rule shall operate so as to 
 
 order not to . ,. , „ . . , , . . ,, 
 
 prejudice bar or prejudice the court from giving si,ich decision on tne 
 
 ^^"^^^ appeal as may be just. [E. 878.] C. 0. 21, E. 512. 
 
 Appeal not 
 to be stay of 
 proceedings 
 
 Security 
 
 513. iNTo notice of appeal shall operate as a stay of execution 
 or of proceedings under the decision appealed from or objected 
 to except so far as the judge appealed from or the court may 
 order and no intermediate act or proceeding shall be invali- 
 dated except so far as the court may direct. Such deposit or 
 other security shall be made or given as may be directed by the 
 court or judge otherwise the motion of appeal shall not be 
 heard but be dismissed. [E. 880.] C. O. 21, E. 513. 
 
 Applications 514. Where any application ought to be made to or any 
 
 to judge where . . ,. . ■ -i in i ■ i i i 
 
 judKe who jurisdiction exercised or any act done bv the judge by whom a 
 action cannot cause Or matter has been tried or heard if such judge die or 
 
 hear them n • i i- i • r- i- i 
 
 cease to be a judge of the court or if for any other reason it 
 shall be impossible or inconvenient that such judge should 
 act in the matter the presiding judge may either by a special 
 order in any cause or matter or by a general order applicable 
 to any class of orders or matters nominate some other judge to 
 whom such applications may be made or by whom such juris- 
 diction may be exercised. [E. 885.] C. O. 21, E. 514. 
 
 Appeals to be 515. A judgment, order, decision, rule or verdict appealed 
 
 entered and • , j. • i i ti i • /- • j; 
 
 motions made from Or sought to be Set aside shall stand as ii no notice ot 
 opportunity appeal or notice of motion to set the same aside had been made 
 
JUDICATURE 549 
 
 or given if the cause or matter in which the same was made or 
 given be not entered for argument on the first entry day after 
 such notice or if the motion of which such notice has been given 
 be not made when the cause or matter is called unless such 
 default in the moving party be waived by the other parties 
 interested or unless the court shall otherwise order. C. O. 21, 
 R 515. 
 
 516. Any judge may deliver the judgment of the court when smgie judge 
 authorised to do so by the judges en banc who heard the matter "udgnientrf 
 on which the judgment is to be pronounced or may deliver the other j°ud°ge 
 judgment of any other judge when authorised to do so by such 
 other judge notwithstanding the absence of the judge or judges 
 aforesaid. G. O. 21, K. 516. 
 
 ORDER XLTI. 
 
 COSTS. 
 
 517. Subject to the provisions of this Ordinance and the Costs^j^^ ,^^ 
 rules of court the costs of and incident to all proceedings in ^f court"" 
 the supreme court including the administration of estates and 
 
 trusts and compensation or allowance to any executor, adminis- 
 trator, guardian, committee, receiver or trustee shall be in the 
 ■discretion of the court or judge : 
 
 Provided that nothing herein contained shall deprive anPrmu^o^aa 
 executor, administrator, trustee or mortgagee who has not 
 unreasonably instituted or carried on or resisted any proceed- 
 ings of any right to costs out of a particular estate or fund to 
 which he would otherwise be entitled : 
 
 Provided also that where any action, cause, matter or issue Costs where 
 is tried with a jury the costs shall follow the event unless the by jury 
 judge by whom such action, cause, matter or issue is tried or 
 the court shall for good cause otherwise order. [E. '976.] 
 C. 0. 21, R. 517. 
 
 518. When issues in fact and law are raised upon a claim or cost^s^of 
 ■counterclaim the costs of the several issues respectively both'"'"^' 
 in law and fact shall unless otherwise ordered follow the event. 
 
 [E. 977.] C. O. 21, R. 518. 
 
 519. Where the court or judge appoints an advocate to becosts^of^^ 
 •guardian ad litem of an infant or person of unsound mind the guardian 
 ■court or judge may direct that the costs to be incurred in the 
 -performance of the duties of such office shall be borne and paid 
 
550 JUDICATUEE 
 
 by the parties or some one or more of the parties to the cause 
 or matter in which such appointment is made or out of any 
 fund in court in which such infant or person of unsound mind 
 may be interested and may give directions for the repayment 
 or allowance of costs as the justice and circumstances of the 
 case may require. [E. 988.J C. O. 21, K. 519. 
 
 IT. — Security for Costs. 
 
 Summons for 520. When the plaintiff in an action resides out of the Terri- 
 
 securityfor . ^ i i i j.- i 
 
 costs tones and in any other case where by the practice and pro- 
 
 cedure in England a defendant is entitled to security for costs 
 and the defendant by affidavit of himself or his agent alleges 
 that he has a good defence on the merits to the action the 
 defendant shall be entitled to a summons to show cause why an 
 order should not issue requiring the plaintiff within three 
 months (or such other or further time as the court or judge 
 may deem right) from the service of the order to give security 
 for the defendant's costs and staying all further proceedings in 
 the meantime and directing that in default of such security 
 being given the action be dismissed with costs unless the court 
 or judge on special application for that purpose shall otherwise 
 order. C. 0. 21, K. 520. 
 
 manner of ^^^- ^^ ^^J cause or matter in which security for costs is 
 
 givingseourity required the security shall be of such amount and be given at 
 
 such times and in such manner and form as the court or judge 
 
 may direct. [E. 981. J C. 0. 21, R. 521. 
 
 bonifliv'^n*'"^ 522. Where a bond is given as security for costs it shall 
 unless the court or judge shall otherwise direct«be given to the 
 party or person requiring the security and not to an officer of 
 the court. [E. 982.] C. O. 21, R. 522. 
 
 III. — Taxation and Tariffs of Costs. 
 
 Taxation^of 523. In all cases and proceedings as also upon interlocutory 
 
 OTdered™ applications where a party becomes entitled to costs from any 
 other party the same shall be taxed by the clerk in accordance 
 with the authorised tariffs unless the court or ]udge by order 
 directs the payment of a sum in gross in lieu of taxed costs and 
 by and to w^hom such sum in gross shall be paid. C. 0. 21, 
 R. 523. 
 
 Taxations 523a. Where costs are to he paid or home hy another party 
 
 between party it 77 77-77 , 
 
 and party no costs are to be allowed which do not appear to the clerh to 
 have been necessary or proper for the attainment of justice or 
 defending the rights of the party. 1901, c. 10, c. 10. 
 
JUMCATDEE 551 
 
 523&. Between party and party the cleric shall not allow the^°^*'^ «' "n- 
 
 '^ i ^ necessary pro- 
 
 COSt of proceedings: ceedingsnot 
 
 CO D6 tdiXCd. 
 
 (a) Unnecessarily taken; 
 
 (h) Not calculated to advance the interests of the party 
 on whose behalf the same ivere taken; 
 
 (c) Incurred through over caution, negligence or mis- 
 tahe ; 
 
 unless he is of opinion that such proceedings luere taTcen by the 
 advocate because in his judgment reasonably exercised they 
 were conducive to the interests of his client. 
 
 (2) Between solicitor and client the clerh may allow the ^'^"^vtions ia 
 
 ^ '' ^ ^ . case or 
 
 costs of proceedings taken as mentioned in, 'the above clauses *|^^^'Jo{j 
 (a) and (c) of this rule where he is of the opinion that such^J^'^^^P^^^°'^ 
 ■proceedings were taken by the advocate because in his i^i^S'" incurred at 
 ment reasonably exercised they were conducive to the interests '^^^^^'^^^^^^^^ 
 of his client and may allow the costs of proceeds taken O'S^^^^^^^.^ 
 mentioned in clause (6) where the same were taken by ^/le ""necessary 
 desire of the client after being informed by his advocate that 
 the same ivere unnecessary and not calculated to advance the 
 interests of the client. 1901, c. 10, s. 10. 
 
 524. There shall be paid to each sheriff and clerk the f ees sheriir^^and 
 prescribed by the judges of the. supreme court; and for any 
 necessary services performed for which fees are not so pre- 
 scribed, such fees as may be authorised by the judge. C. O. 
 
 21, E. 524. 
 
 525. If in any case it shall appear to the court or a JT-^^ge Cases where ^ 
 that costs have been improperly or without any reasonable be deprived of 
 cause incurred or that by reason of any undue delay in pro- pay costs 
 ceeding under any judgment or order or of any misconduct or 
 
 default of the advocate any costs properly incurred have 
 nevertheless proved fruitless to the person incurring the same 
 the court or judge may call on the advocate of the person by 
 whom such costs have been so incurred to show cause why such 
 costs should not be disallowed as between the advocate and his 
 client and also (if the circumstances of the case shall require) 
 why the advocate should not pay to his client any costs which 
 the client may have been ordered to pay to any other person 
 and thereupon may make such order as the justice of the case 
 may require. C. O. 21, K. 525. 
 
 526. One dav's notice of taxing costs together with a copyNo«ce^o( 
 of the bill of costs and affidavit of increase if any shall be 
 given by the advocate of the party whose costs are to be taxed 
 
 to the other party or his advocate in all cases where a notice to 
 tax is necessary. C. O. 21, R. 5-6. 
 
552 
 
 JUDICATUKE 
 
 «defenda*nT ^^'^- -^otice of taxing costs shall not be necessary in any case 
 not appeared where the defendant has not appeared in person or by his advo- 
 
 ciite or guardian. 
 
 C. O. 21, E. 527. 
 
 Application 
 for review 
 of taxation 
 
 528. Any party who may be dissatisfied with the allowance 
 or disallowance by the clerk in any bill of costs taxed by him 
 of the whole or any part of the item or items may on two days' 
 notice to the opposite party specifying the item or items 
 objected to apply to a judge in chambers to review the taxation. 
 C. 0. 21, E. 528. 
 
 Evidence 
 on review 
 
 Tariffs to 
 be posted 
 
 529. Such application shall be heard and determined by the 
 ' judge upon the evidence which shall have been brought in 
 
 before the clerk and no further evidence shall be received 
 unless the judge shall otherwise direct. 0. O. 21, E. 529. 
 
 530. A copy of the tariff of clerk's and sheriff's fees shall be 
 posted in some conspicuous place in the clerk's and sheriff's 
 offices respectively. C. 0. 21, E. 530. 
 
 Witnesses' 
 jurors' and 
 interpreters' 
 tees 
 
 531. Witnesses, jurors and interpreters and parties shall be 
 entitled to the fees and remuneration named in the Ta,tff of 
 luitnesses', jurors' , and interpreters' fees appended to this 
 Ordinance. C. 0. 21, E. 531. 
 
 Fnad?-tnce'* ^^2. All fees and allowances respectively payable under the 
 said tariffs whether imder writs of execution or otherwise shall 
 be paid in advance by the parties at whose instance the service 
 is to be rendered but in cases where the amounts are impossible 
 unas°certaiS"'' of ascertainment for any reason then the amount approximated 
 ^^^^ by the ofiicer or fixed by the judge shall be deposited or paid 
 
 to be accoimted for .when the correct amount is ascertained. 
 C. 0. 21, E. 532. 
 
 Advocates' 
 fees 
 
 533. In all causes and matters in which duly enrolled advo- 
 cates holding certificates as such and resident in the Territories 
 are employed they shall be entitled to charge and be allowed 
 such fees as m.-ay be from time to time prescribed by the judges 
 of the supreme court. C. 0. 21, E. 533. 
 
 Fees in court 
 en banc 
 
 534. The court en hanc may by order regulate fees for ser- 
 vices performed by the registrar and other officers of the court 
 as also fees to counsel and advocates practising therein. C. 0. 
 21, E. 534. 
 
JUDICATUKE 553 
 
 ORDER XLIII. 
 
 MISCELLANEOUS. 
 
 I. — Forms. 
 
 535. The forms contained in the schedule to this Ordinance Forms 
 shall be used with such variations as circumstances may 
 require and as to all other matters the forms used in the 
 administration of civil justice in England with such variations 
 
 as will make them respectively applicable to proceedings in the 
 supreme court of the Territories whether en hone or otherwise 
 may be used. C. O. 21, R. 535. 
 
 II. — Actions against Public Officers. 
 
 536. All actions and prosecutions to be commenced against venue 
 any person for anything purporting to be done in pursuance of 
 
 his duty as a public officer (unless otherwise ordered by. the 
 judge) shall be coDumenced and tried in the district wherein Limitation 
 the act was committed and must be commenced within six 
 months after the act was committed and not otherwise. C. O. 
 21, E. 536, repealed in part by 1903, Sess. 1, c. 3, s. 6. 
 
 III. — Ex parte Proceedings; Noncompliance; and Irregur 
 
 garities. 
 
 53Y. In case of ex parte proceedings the judge may refuse to ^^p«'^«^ ^ 
 proceed ex parte and may direct such notice to be given ^yNoUce^maj 
 summons or otherwise to such party or parties as he may deem 
 fit. 0. O. 21, R. 537. 
 
 lance, 
 
 538. Noncompliance with any of the provisions of thisJ>^o^p, 
 Ordinance shall not render any proceedings void unless the effect of 
 court or a judge shall direct but such proceedings may be set 
 aside either wholly or in part as irregular or amended or 
 otherwise dealt with in such manner and upon such terms as 
 
 the court or judge may think fit. [E. 1037.] C. O. 21, R. 
 538. 
 
 539. Is'o application. to set aside any proceeding f or_ irregu- w^^er rf ^ 
 larity shall be allowed unless made within reasonable time nor 
 
 if the party applying has taken any fresh step after knowledge 
 of the irregularity. [E. 1038.] C. O. 21, R. 539. 
 
554 
 
 JUDICATUEE 
 
 Grounds pt 540. When an application is made to set aside proceedings 
 
 to be stated for irregularity the several objections intended to be insisted 
 upon shall be stated in the summons or notice of motion. [E. 
 0. 0. 21, K. 540. 
 
 Costs of 
 summons 
 
 1039.] 
 
 541. When a summons is taken out to set aside any process 
 or proceeding for irregularity with costs and the summons is 
 dismissed generally without any special direction as to costs it 
 is to be understood as dismissed with costs. [E. 1040.] C. 0. 
 21, E. 541. 
 
 IV. — Alias }Yj-its. 
 
 Expiry of 
 process 
 Alias or 
 pluries 
 
 542. The expiry of any writs or process without service or 
 execution shall not abate the suit but the suit may be continued 
 by the issue of alias or pluries writs or process as may be neces- 
 sary. C. O. 21, R. 542. 
 
 Judge unable 
 to attend 
 sittings of 
 court 
 Clerk's duties 
 
 V. — Sittings Adjourned. 
 
 543. AA^henever from illness or other cause the judge who 
 should hold a sitting of the court fails to attend at the 
 rime appointed therefor the clerk at three o'clock in the after- 
 noon of the day so appointed shall adjourn such sitting by 
 pioclamation to some hour on the -following day to be by him 
 named and so on from day to day (but not exceeding -three 
 days) until the judge who is to hold such sitting as aforesaid 
 is able to hold the same or until he receives other directions 
 from such judge; but if after the expiration of the said period 
 of three days the said judge has not arrived or be still unable 
 to attend, the clerk shall unless he be otherwise directed 
 adjourn the court to the next regular sitting of the same and 
 report his action thereon to the Lieutenant Governor. C. 0. 
 21, E. 543. 
 
 VI. — Time for Service. 
 
 serviTOof ^^^- Service of pleadings, notices, summonses, orders, rules 
 
 pleadings, etc. ^ncj other proceedings except writs of summons, attachment and 
 replevin shall be effected before six o'clock in the afternoon; 
 service effected after six o'clock in the afternoon shall for the 
 purpose of computing any period of time subsequent to such 
 service be deemed to have been effected on the following day 
 and if effected on Saturday, the following ]\Ionday. [E. 971.] 
 C. 0. 21, R. 544. 
 
 Reckoning 
 number of 
 days 
 
 545. In any case in which any number of days not expressed 
 to be clear days is prescribed in this Ordinance the same shall 
 be reckoned exclusively of the first and inclusively of the last 
 day. [E. 972.] C. O. 21, E. 545. 
 
JUDICATDKE 
 
 546. Where any limited time less than six davs from or after where time 
 
 . . " limited iinder 
 
 any date or event is appointed or allowed tor doing any act or si^ days 
 taking any proceeding the days on Avhich the offices are closed excluded 
 under the provisions of this Ordinance and the rules of court 
 shall not be reckoned in the computation of such limited time. 
 [E. 962.J C. O. 21, E. 546. 
 
 547. Where the time for doing any act or taking any pro- on'hoiida"'"^ 
 ceeding expires on a Sunday or other day on which the offices- 
 
 are closed and by reason thereof such act or proceeding cannot 
 be done or taken on that day such act or proceeding shall so far 
 as regards the time of doing or taking the same be held to be 
 duly done or taken if done or taken on the day on which the 
 offices shall next be open. [E. 963. J C. O. 21, K. 54Y. 
 
 548. The court or a judge shall have power to enlarge or ^^"'''''■eeinent, 
 abridge the time appointed by this Ordinance or the rules of of'jj^^^™®"' 
 court fixed by any order enlarging time for doing any act or 
 
 taking any proceeding upon such terms if any as the justice of 
 the case may require and any such enlargement may be ordered 
 although the application for the same is not made imtil, after 
 the expiration of the time appointed or allowed. [E. 967.] 
 C. 0. 21, E. 548. 
 
 VII. — Vacation. 
 
 549. There shall be a vacation to extend from the first day P|™f„°£ 
 of August to the thirtieth day of September inclusive of both 
 
 days in each year. During vacation no contested business shall 
 be transacted and neither party to a suit in which an appear- p™'^''^^^'^"?^^ 
 ance has been entered shall be compelled to deliver any plead- 
 ing. If the time for delivering a defence in a cause in which 
 the defendant has appeared has not expired previous to the first 
 day of August it shall without any order to that effect stand 
 extended until the expiration of five days after the last day of 
 vacation : 
 
 Provided that notice of motion to sot down for trial may be Proviso 
 given au'l heard during vacation. C. 0. 21, K. !.'49. 
 
 550. Nothing in the preceding rule contained shall prevent Exceptions 
 the issue of process or the transaction of any business which 
 
 may be done ex parte or the entering of judgment by default m 
 any suit in which no appearance is entered or the taxation of 
 costs or interfere with the hearing during vacation of any cause 
 or matter if a judge so directs nor shall this rule affect the 
 validity of any' proceedings .had or taken during vacation by 
 order of the court or a judge authorising such proceedings to 
 be had or taken notwithstanding the vacation. 0. O. 21, E. 
 550. 
 
556 
 
 JUDICATUKE 
 
 Part II. 
 
 Lunatics, Infants and Probate. 
 
 OEDEK XLIV. 
 
 Petition 
 to judge 
 Verification 
 
 LUNATICS. 
 
 551. Proceedings in lunacy shall be by petition to the judge 
 filed with the clerk of the court for that purpose verified on 
 oath setting forth the grounds on which the application is made 
 and the relation or connection of the petitioner to or with the 
 alleged lunatic and his property and estate as also a description 
 and value of the same separating real and personal estate. 
 C. O. 21, R 551. 
 
 Hearine; of 
 petition 
 
 552. Upon presentation of such petition the judge shall 
 appoint a time and place at which he will hear the same; at 
 which time and place (all necessary parties having been duly 
 notified) the judge shall inquire into the facts and hear such 
 evidence under oath as may be adduced and thereupon deter- 
 mine whether or not the. person who is the subject of the 
 inquiry is at the time of such inquiry of unsound mind, has 
 property and is incapable of managing such property. C. 0. 
 21, E. 552. 
 
 Service on 
 lunatic 
 
 553. A copy of such petition and notice of the intended 
 application shall be served on the alleged lunatic unless such 
 service be dispensed with by the judge. C. O. 21, R. 553. 
 
 Commission to 
 take evidence 
 
 554. The judge may order the issue of a commission to take 
 evidence to be used on any such hearing as in any ordinary 
 suit in court and all depositions taken thereunder shall be 
 received in evidence at the hearing saving all just exceptions. 
 C. O. 21, E. 554. 
 
 ^f''gul?dS,n"' ^^^- ^^ °^®^ *^® J"<^S® ^^^^^ determine such person to be a 
 lunatic and that he has property the judge shall forthwith order 
 the appointment under the seal of the court of one or more 
 persons as guardian or guardians of his estate. 0. O. 21. R. 
 555. 
 
 Examination 
 of lunatic 
 
 556. On every such inquiry the alleged lunatic if he be 
 within the jurisdiction of the court shall be produced and 
 examined by the judge unless such examination be dispensed 
 Avith. C. O. 21, E. 556. 
 
JUDICATDEE 557 
 
 557. The judge may order the costs, charges and expenses of Costs 
 and incidental to proceedings in matters of lunacy to be paid 
 either by the party presenting the petition or the party oppos- 
 ing the same (if opposition is made) or out of the estate or 
 partly one way and partly the other. C. O. 21, E. 557. 
 
 558. In every case imless otherwise specially provided by 
 order of the judge the following provisions shall be complied 
 vv'ith : 
 
 1. The guardian of the estate except in the case of theSecmitj 
 
 . . . . . .by guardian 
 
 appointment of the public administrator and official guardian 
 shall before receiving his appointment furnish his own bond 
 together with those of two or more persons approved of by the 
 judge as sureties in double the approximate value of the per- 
 sonal estate and of the annual value of the real estate for duly 
 accounting for the same once in each year or of tener if required 
 by the judge or court such bond to be (in form approved of by 
 the judge) to the clerk of the court and his successors in office 
 or legal assigns, which bond shall be filed in court ; 
 
 2. The guardian of the estate shall within six months after inventory 
 appointment file in court a true inventory of the whole real 
 
 and personal property and estate of the lunatic stating the 
 income and profits thereof and setting forth the debts, credits 
 and effects of the lunatic so far as the same have come to the 
 knowledge of the guardian ; 
 
 3. If any property belonging to the estate be discovered after ^^/p?^™^^"^^^ 
 the filing of the inventory the guardian shall file a true account 
 
 of the same from time to time as the same is discovered ; 
 
 4. Every inventory shall be verified by the oath of the verification 
 guardian. C. O. 21, K. 558 and 1903, Sess. 1, c. 8, s. 7. 
 
 559. Whenever the personal estate of a lunatic is not suffi-where^^ 
 cient for the discharge of his debts : f^^Acient 
 
 1. The guardian of his estate may apply by petition to t^ie m^ion'tor 
 judge for authority to mortgage or sell so much of the real on realty 
 estate as may be necessary for the payment of such debts ; 
 
 2. Such petition shall set forth the particulars and amount 
 of such estate (real and personal) of the limatic, the applica- 
 tion made of any personal estate, and an account of the debts 
 and demands against the estate ; 
 
 5. The judge shall make or cause to be made inquiries into inquiry by 
 the truth of the representations made in the petition and hear 
 
 all parties interested in the real estate ; 
 
558 
 
 JUDICATUEE 
 
 Order for sale 
 or mortgage 
 
 Bond by 
 guardian 
 
 Ji.. If the judge is satisfied as to the result of such inquiries, 
 that the personal estate is not sufficient for the payment of the 
 debts and that the same has been applied to that purpose as 
 far as the circumstances of the case render proper the judge 
 may order the real estate =or a sufficient portion of it to be 
 mortgaged or sold by the guardian and the moneys thus raised 
 shall be employed for the payment of the debts of the estate 
 and if insufficient shall be distributed in the same way as intes- 
 tate's estates are distributed by law the guardian having first 
 provided a bond with sureties similar in terms to that provided 
 by paragraph 1 of rule 558 for duly accounting for the 
 proceeds so raised. C. 0. 21, K. 559. 
 
 Sale or 560. When the personal estate and the rents, profits and 
 
 mortgage of ^ . ~, . . , . 
 
 real estate tor income of the real estate of the lunatic are insufficient for his 
 
 maintenance 
 
 famii"***'" °^ maintenance or that of his family or for the proper education 
 of his children or when for any other cause it shall appear 
 desirable so to do on application made by the guardian or by 
 any member of the family of the insane person the judge may 
 after inquiry as hereinbefore provided in the case of debts 
 order the mortgaging or sale of the whole or part of the real 
 estate of the lunatic by the guardian the guardian having first 
 provided a bond with sureties as required by the preceding 
 rule. C. 0. 21, E. 560. 
 
 Clerk's fees 
 Costs 
 
 Guardian's 
 remuneration 
 
 561. The judge may order such fees to the clerk of the 
 court and costs of and relating to any petition, order, direction 
 and conveyance including remuneration to the guardian as he 
 may consider reasonable to be paid and raised from the lands, 
 rents or personal estate of the lunatic in respect of whom the 
 same may be respectively incurred, made or caused. C. 0. 21, 
 K. 561. " 
 
 gunman °' ^^^- ^^ sufficient grounds shown the judge may remove a 
 
 guardian and appoint another in his stead. C. O. 21, K. 562. 
 
 Intituling ^ 563. In the proceedings aforesaid the petitions and papers 
 mav be intituled as follows : 
 
 In the matter of 
 
 In the Supreme Court, 
 
 Judicial District' of 
 
 C. O. 21, E. 563. 
 
JUDICATURE 559 
 
 OEDER XLV. 
 
 INFANTS. 
 
 I. — Guardiayis. 
 
 564. The court or a iiidffe thereof may appoint guardians of Guardianship 
 
 • j;, jj-xi- xi/i, 1 1 -T 1 ,, of infants and 
 
 miants and oi their estates (but unless tl.:^ court or judge shall their estates 
 other^\-ise order no guardian shall be appointed to the person or 
 estate of any infant of the age of fourteen years or over without 
 the consent of such infant) and letters of appointment may be Letters of 
 
 . . ■' ... , appointment 
 
 obtained as in the case of letters of administration. A record 
 of every appointment and removal shall be made and the like 
 record thereof kept with the papers upon which the appoint- 
 ment and removal is made in like manner as near as may be as 
 in the case of probate and administration. C. O. 21, E. 564. 
 
 565. The court or judge may upon hearing the petition of ^"^^pp^ "^^^ 
 the mother of an infant whose father is dead appoint the jjj'^^j.'jj'g^j.''""^" 
 mother or some other person to take the guardianship of the ^^"f^thCT*"' 
 person of the infant notwithstanding any testamentary pro- 
 visions to the contrary or any appointment of another person 
 
 as guardian by the father if it shall appear just and proper; 
 
 and may also make an order for the maintenance of the infant SttSLliT""^ 
 
 by the payment out of any estate to which the infant is or shall 
 
 be entitled of such sum or sums of money from time to time as 
 
 according to the value of the estate such court or judge thinks 
 
 just and reasonable. C. O. 21, E. 565. 
 
 566. The court or judge may give effect to the testamentary Testamentary 
 
 ° '^ „.j. iMi appomtment 
 
 appointment of guardians by the mother of infant children of mother may 
 
 '- '^ ° '' 1 1 • I, "^ preferred to 
 
 either as respects the person or estate or one or both notwith- that of father 
 
 standing the previous appointment of guardians by testament 
 
 of the father of such infants upon petitions presented and facts 
 
 proved, if it shall seem advisable and in the interests of the 
 
 infants to do so ; and make an order for the maintenance of the Maintenance 
 
 infants as in the last preceding rule mentioned. C. O. 21, 
 
 R. 566. 
 
 567. Testamentary guardians and trustees may be removed Testamentary 
 for proper cause the same as others guardians and trustees. |^^te«|j 
 
 C. 0. 21, E. 567. 
 
 568. In all matters and applications touching or relating toGeneraj^^ 
 the appointment of guardians, control or removal of guardians conrt or judge 
 of any infants and the security to be given by such guardians 
 
560 
 
 JUDICATUEE 
 
 or otherwise, the court or judge shall have full power and 
 authority to summon and order the attendance of witnesses and 
 to order the examination of the same before the court or judge 
 and to order the production of deeds, writings and documents 
 and generally to enforce all orders, decrees and judgments in 
 such manner as shall seem expedient according to the practice 
 and procedure of the court in that behalf and in such manner 
 as the court or judge shall direct. C. 0. 21, K. 568. 
 
 ^^|SJrrdTan''on 569. Upon the written application of any infant or the 
 mother" friend or friends of any infant and upon notice thereof to the 
 mother of such infant if living in the Territories the court or 
 judge may upon a proper case made out for that purpose 
 appoint some suitable and discreet person or persons to be 
 guardian or guardians of such infant. 0. O. 21, R. 669. 
 
 gua^San^'' 570. There shall be taken from the guardian or guardians 
 
 appointed by the court except in the case of the appointment 
 of the public administrator and official guardian a bond in the 
 name of the infant or infants in such penal sum and with or 
 without sureties as the court or judge shall direct or approve 
 having regard to the circumstances of each case ; and such bond 
 shall be conditioned that the said guardian or guardians shall 
 and will faithfully perform the said trust and that he or they, 
 his or their executors or administrators shall and will when the 
 said ward becomes of the fiiU age of twenty-one years or when- 
 ever thereunto required by the court or judge render to his or 
 their said ward or his or their executors or administrators a 
 true and just account of all goods, moneys, interests, rents and 
 profits of property of such ward which have come or which 
 might but for his or their default have come into the hands of 
 such guardian or guardians and that he or they shall and will 
 thereupon without any delay deliver and pay over to the said 
 ward or to his or her executors or administrators the property 
 or the sum or balance of money ^v}lich may be in the hands of 
 the said guardian or guardians belonging to such ward deduct- 
 ing' therefrom and retaining a reasonable sum for the expenses 
 and charges of the said guardian (.r guardians; and such bond 
 si I all be filed and recorded in the books in the office of the clerk 
 
 May be of the court but in cases where the estate is of small value such 
 
 ispense wi -^^^^ ^^ bouds may be dispensed with. C. O. 21, E. 570, 
 amended by 1903, Sess. 1, c. 8, s. 8. 
 
 Apprenticing 
 Infants 
 
 571. The guardian or guardians of the person of an infant 
 so appointed may during the continuance of his or her guar- 
 dianship in case the infant be imder the age of fourteen years 
 with the approbation of two justices of the peace and the con- 
 
JUDICATUEE 561 
 
 sent of such ward or in case the infant be not under the age of 
 fourteen years then with the consent of the ward only place or 
 bind him or her an apprentice to any lawful trade, profession 
 or employment ; such apprenticeship in the case of males not 
 extending beyond the age of twenty-one years and in the case 
 of females not beyond the age of eighteen years or the marriage 
 of the ward within that age. C. O. 21, E. 571. 
 
 572. The court or iudge mav on proper cause being shown Discharging 
 
 -■- Ti " 1 \ !• • apprenticeship 
 
 for that purpose discharge any such ward from the apprentice- 
 ship in the last preceding rule mentioned and order the articles 
 or instrument of apprenticeship to be delivered up to be can- 
 celled or make such other order in respect of the master or 
 apprentice or either of them as shall under the circumstances 
 appear to be proper and just; and may also upon reasonable 
 complaint made and sustained remove any guardian or guar- Removal of 
 dians from his or their guardianship and if it shall appear 
 necessary appoint another guardian or guardians in his or their 
 stead. C. O. 21, E. 572. 
 
 573. The practice and procedure in respect of guardianship Prao^Hoe_and 
 and all questions relating thereto shall conform as nearly as 
 
 the circumstances will admit to the practice and procedure in 
 England : 
 
 Provided always that the court or judge may in any case 
 where the circumstances warrant it to save expenses vary the 
 same. C. 0. 21, E. 573. 
 
 II. — Custody of Infar-t'i. 
 
 ;"i74. The court or judge upon application by the mother of Order for 
 any infant being in the sole custody or control of the father mother 
 thereof or of any other person by his authority or of any other 
 person without his authority or of any guardian after the death 
 of the father may make an order for the access of the mother 
 to such infant at such times and subject to such regulations as Delivery to 
 the court or judge thinks convenient and just; and if such™" 
 infant be within the age of twelve years may make an order for 
 the delivery of such infant into the custody and control of the 
 mother and there to remain for such time aiid under such con- 
 ditions as the court or judge shall prescribe; and in dealing Maint^enanee^ 
 with any such application the court or judge may also make 
 an order for the maintenance and education of such infant by 
 payment by the father thereof or by payment out of any estate 
 to which such infant may be entitled of such sum or sums of 
 money from time to time as according to the pecuniary cir- 
 
562 
 
 JUDICATUBE 
 
 CuBtody o£ 
 
 infants 
 
 generally 
 
 cumstances of such father or the value of such estate the court 
 or judge thinks just and reasonable. As a rule the father shall 
 have the custody and control of his infant children but it shall 
 be lawful for the court or a judge on a proper case made for 
 that purpose to order any infant child or children to be deliv- 
 ered into the sole custody and control of the mother on such 
 conditions and subject to such regulations as the circumstances' 
 and facts of the case shall render proper, reasonable and just, 
 wherever such child or children may be or under whatever 
 authority or control they may have been placed, any law, usage 
 or custom to the contrary notwithstanding. C. O. 21, K. 574. 
 
 appUcattor" ^^^' ^^ ^^® investigation of the facts on any application 
 mentioned in the preceding rule the court or judge maj^ enforce 
 the attendance of any person before the court or judge and take 
 evidence under oath touching the matter of the application by 
 rule or order made for that purpose and on failure of the 
 person to attend for the purpose aforesaid, after notice of the 
 rule or order in that behalf, the court or judge may order that 
 such person shall be committed for contempt of court or may 
 decide such application on affidavits received and filed or to be 
 received and filed or on the evidence taken viva voce and such 
 afiidavits. C. O. 21, K. 575. 
 
 Enforcement 
 of orders 
 
 576. All orders and- rules made by a judge or by the court 
 under any of the preceding rules may in addition to all other 
 remedies be enforced by the judge or by the court (according 
 as the same shall be made by a judge or the- court) by attach- 
 ment or process for contempt. C. 0. 21, R. 576. 
 
 Mother 
 unsuitable 
 for care of 
 infant 
 
 577. !N"o order directing that the mother shall have the cus- 
 tody of or access to an infant shall be made in virtue of the 
 preceding rules -in favour of a mother against whom adultery 
 has been established or to whom the custody or control of an 
 infant could not be safely confided on account of improper 
 conduct or habits of life. C. O. 21, E. 577. 
 
 III. — Estate and Property of Infants. 
 Disposition of 578. When an infant is seized or possessed of or entitled to 
 
 nropertyof , . » . . ■■- 
 
 infant under any real estate m fee simple or for a term of years or otherwise 
 
 order of court , • i m • . 
 
 howsoever m the Territories and the court or judge is of 
 opinion that a sale, lease or other disposition of tJie same or any 
 part thereof is expedient, necessary or proper in the interest of 
 the infant or for the maintenance or education of the infant or 
 that by reason of any part of the property being exposed to 
 waste and dilapidation or to depreciation from any other cause 
 
JTJDICATUEE 563 
 
 satisfactory to the court or jiidge, his interest requires or will 
 be s\ib^aiitially promoted by stich sale, lease or other disposi- 
 tion the court or judge may order the sale, letting for a term 
 of years or other disposition of such real estate or any part 
 thereof to be made under the direction of the court or judge or 
 by the guardian of the infant or by any person appointed for 
 the purpose in such manner and with such restrictions as may 
 seem expedient and may order the infant to convey or demise 
 or otherwise dispose of the estate as the court or judge thinks 
 proper C. O. 21, K. 578. 
 
 579. The^ application shall be made in the name of the Application, 
 infant by his next friend or by his guardian but shall not be consent of 
 made without the consent of the infant if he is of the age of 
 
 seven years or upwards. C. O. 21, R. 579. 
 
 580. When the court or judge deems it convenient that a Execution of 
 
 1 T I 1 , 1 , . , 1 ,. conveyance 
 
 conveyance snould be executed by some person m the place oi for infant 
 the infant the court or judge may direct some other person in 
 the place of the infant to convey the estate. C. O. 21, K. 580. 
 
 581. Every such conveyance whether executed by the infant Conveyance 
 or some person appointed to execute the same in his place shall 
 
 be as effectual as if the infant had executed the same and had 
 been of the age of twenty-one years at the time. C. O. 21, R. 
 581. 
 
 582. The moneys arising from any such sale, lease or other Disposition of 
 disposition shall be laid out, applied and disposed of in such 
 manner as the court or judge directs. C. O. 21, E. 582. 
 
 583. On any sale, lease or other disposition so made the Moneys raised 
 
 1 ■ • 11 1 ii, J? from land to 
 
 moneys so raised or the securities taken or the surplus tnereoi devolve as 
 shall be of the same nature and character as the estate sold or 
 disposed of and the heirs, next of kin or other representatives of 
 the infant shall have the like interest in any surplus \vhich may 
 remain of the proceeds at the decease of the infant as they 
 would in the estate sold or disposed of if no sale or other dis- 
 position had been made thereof. C. 0. 21, E. 583. 
 
 584. If any real estate of an infant is subject to any incum- incnmbered 
 brance and the person entitled to such incumbrance consents m AMeptance or 
 writing to accept in lieu of such incumbrance any gross sum of investment of 
 
 O -L Till bTim in ilCU. Ul 
 
 money which the court or judge thinks reasonable or tHe per- incumbrance 
 manent investment of a reasonable sum of money in such 
 manner that the interest thereof be made payable to the person 
 
564 
 
 JUDICATUEB 
 
 Where 
 incumbrance 
 of uncertain 
 duration 
 
 entitled to such incumbrance during her or his life the court or 
 ■ judge may direct the payment of such sum or the investment of 
 such other sum of money out of the proceeds or other disposi- 
 tion of the real estate of the infant: 
 
 Provided always that it shall be competent for the court or 
 judge in any case where the estate of the infant is subject to 
 any lien or incumbrance of uncertain duration to compute the 
 reasonable value of the same and to order the sale or other dis- 
 position of the estate of the infant freed or discharged from 
 such incumbrance and direct the payment of the value of such 
 incumbrance out of the proceeds of the sale or other disposition 
 of the real estate of the infant. C. O. 21, K. 584. 
 
 Appearance 
 of infant in 
 person on 
 application 
 
 585. In any proceeding for the selling, letting or other dis- 
 position of the estate of an infant it shall not be necessary that 
 the infant shall appear in propria persona before the court or 
 judge unless so ordered; but the gTound of the proceedings 
 must be made out to the satisfaction of the court or judge 
 before the application is granted. C. O. 21, E. 585. 
 
 Estate of 
 infant may be 
 conveyed by 
 vesting order 
 
 586. In case of any sale or other disposition of any real 
 estate of an infant under the provisions of these rules the inter- 
 est and estate sold or otherwise disposed of may be conveyed to 
 the. purchaser by the vesting order of the court which shall be 
 to all intents and purposes as effectual to pass the interest and 
 estate so sold or disposed of as a conveyance duly executed as 
 provided in these rules. C. 0. 21, R. 586. 
 
 ORDER XLVI. 
 
 PROBATE AND LETTERS OF ADMINISTRATION. 
 
 witiS? which ^^''* ""^^^ g^a.-nt of probate of wills or letters of administra- 
 to^be applied tion shall be made by the court in the judicial district in which 
 the testator or intestate was residing at the time of his death 
 or in case of death outside the Territories the district within 
 which the testator or intestate had at his death any property; 
 and shall have effect over the estate of the deceased in all parts 
 of the said Territories. C. O. 21, R. 587. 
 
 for 
 
 Territorial 
 effect 
 
 Securityby 588. Every person to whom letters of administration or 
 
 administrator , . , . 
 
 or guardian guardianship are committed shall give a bond or bonds to the 
 judge granting the same with one or more sureties as may be 
 required by the said judge in such form and in such penalty as 
 he may direct or in cases where the estate to be administered 
 
JUDICATUKE 565 
 
 is of small value such bond or bonds may be dispensed with. 
 Such security may be furnished by bond or agreement of any 
 guarantee company approved by the judge. 
 
 (2) If in any case it is in the interests of the estate of a >'^^j.'^^f„™*°'' 
 deceased person that the same be forthwith administered or that "^^""^ 
 some one other than the personal representative be appointed 
 to administer the estate the judge may on application with 
 such notice if any as he may direct appoint as administrator 
 the public administrator or such other person as he deems pro- 
 per and may in making such appointment dispense with the 
 giving of security. 0. O. 21, R. 588. 
 
 589. Any person interested in the estate may by leave of the ^™^^®^^"8r 
 court or judge instittite proceedings in his own name on the 
 bond or bonds without an assignment thereof to him. C. 0. 
 21, E. 589. 
 
 590. "Where any probate or letters of administration or other Ancillary 
 
 •' ^ probate or 
 
 legal document purporting to be of the same nature or an exem- letters of 
 
 =' jr jr o . . , . . admmistra- 
 
 plification thereof granted by a court of competent jurisdiction tio.. 
 
 in the United Kingdom or in any province or territory of the 
 Dominion or in any other British province is produced to and 
 a copy thereof deposited Avith the clerk of the supreme court of 
 the JSTorth-West Territories for any judicial district within the 
 said Territories and the prescribed fees are paid as on a grant 
 of probate or administration the probate or letters of adminis- 
 tration or other document aforesaid shall u.nder the direction 
 of a judge of the said supreme court be sealed by. the said clerk 
 with the seal of the supreme court of the ISTorth-West Terri- 
 tories for the judicial district for which the said clerk is 
 appointed and shall thereupon be of the like force and effect in 
 the Territories as if the same had been originally granted by 
 the said supreme court and shall be subject to any order of the 
 last mentioned court or any appeal therefrom as if the probate 
 or letters of administration had been granted thereby. 
 
 (2) The letters of administration shall not be sealed with Security on 
 the seal of the supreme court until a certificate has been filed ancillary ^^^ 
 under the hand of the registrar, clerk or other officer of the 
 court wherever the same issued that security has been given m 
 a sum sufiicient to cover as well the assets within the jurisdic- 
 tion of the said court as the assets within the Territories or m 
 the absence of such certificate until security is given to the 
 judge as in the case of granting original letters of administra- 
 tion. C. O. 21, E. 590. 
 
566 JUDICATUEE 
 
 Prooeedinga 591. Before probate of a will or letters of administration of 
 to restrain the personal estate and effects of a deceased person have been 
 granted any person may institute proceedings to restrain any 
 one committing waste by dealing or intermeddling with the 
 estate. When such proceedings have been taken in good faith 
 for the preservation of the property the party instituting such 
 proceedings shall be entitled to costs of the action unless the 
 court or judge shall otherwise order. C. O. 21, R. 591. 
 
 tdfium'^^^°'' ^^2- Where no probate of the will of a deceased person or 
 letters of administration to his estate have been granted and 
 representation of such estate is required in any action or pro- 
 ceeding in court the judge may appoint the public adminis- 
 trator administrator ad litem according as the case may require. 
 C. 0. 21, K. 692. 
 
 StltioiiT"* 593. Citations, summonses or notices issued by the court or 
 
 lt™™°"^^^' i'^^S^ ^^ the exercise of probate jurisdiction may in the discre- 
 tion of the judge instead of being directed to any person or 
 persons by name be directed generally to the next of kin, credi- 
 tors and other persons interested in the estate. C. 0. 21, R. 
 593. 
 
 Newspaper 594. AH citations, smnmonses or notices issued by the court 
 
 publication of . . ' . .... 
 
 citations, etc. or ]udge in the exercise of probate jurisdiction may by order 
 of a judge be published in such newspaper or newspapers pub- 
 lished in the Territories as such judge may direct and for such 
 time as he may direct and in that case no other notice or service 
 thereof shall be necessary unless the judge shall otherwise 
 direct. C. 0. 21, R. 594. 
 
 Order for 
 creditors to 
 
 595. A judge may on the application of any executor or 
 send in claims administrator or of any trustee grant an order for creditors and 
 others to send in to the executor, administrator or trustee 
 claims against the estate of the testator, intestate or the trust 
 Publication estate as the case may be together with a statement of the secu- 
 rities if any held by them within such time as the judge may 
 fix and notice of such order shall be published in such news- 
 Distribution paper or newspapers as the judge may direct and the executor 
 there'after or administrator on the same being so published may at the 
 expiration of the time so fixed be at liberty to distribute the 
 assets of the testator or intestate or any part thereof and the 
 trustee may in like manner be at liberty to distribute the trust 
 estate or any part thereof amongst the parties entitled thereto 
 having regard to the claims of which such executor, adminis- 
 trator or trustee has then notice and shall not be liable for the 
 
JUDICATURE 
 
 567 
 
 assets or any part thereof or the trust estate or any part thereof 
 as the case may be so distributed to any person of whose claim 
 such executor, administrator or trustee shall not have had 
 notice at the time of the distribution of the said assets' or trust 
 estate or part thereof as the case may be but nothing in this 
 rule shall prejudice the right of any creditor or claimant to 
 follow the assets or trust estate or any part thereof into the 
 hands of the person or persons who may have received the same 
 respectively. C. O. 21, R. 595. 
 
 596. Every creditor or other person presenting or sending in Verifloation of 
 a claim to any executor, administrator or trustee shall verify "'*""'' 
 the same by a statutory declaration and shall therein state 
 whether he holds any security for his claim or any part thereof 
 and shall give full particulars of the same ; and if such security Security to be 
 is on the estate of the debtor or on the estate of a third party 
 for whom such debtor is only secondarily liable he shall put a 
 specified value thereon and the executor, administrator or 
 trustee may either consent to the right of the creditor or person 
 presenting the claim to ranlv for the claim after deducting such 
 valuation or he may require from the person presenting the 
 claim an assignment of the security at the specified value to 
 be paid out of the trust property or estate when sufficient is 
 realised therefrom and in such case the difference between ^he 
 value at which the security is retained by the executor, admin- 
 istrator or trustee and the just amount of the gross claim shall 
 be the amount for which the creditor or other person shall rank 
 in respect of the estate. 
 
 (2) If a creditor or other person holds a claim based upon Security 
 negotiable instruments upon Which the debtor is only indirectly negotiable 
 or secondarily liable and which is not mature or exigible such 
 creditor or other person shall be considered to hold security 
 within the meaning of this rule and shall put a value on the 
 liability of the party primarily liable thereon as being his 
 security for the payment thereof but after the maturity of such 
 liability and its nonpayment he shall be entitled to amend and 
 revalue his claim. 
 
 (S) In case a person presenting a claim holds security for °"iue^gecurity 
 his claim or any part thereof and he fails to value such security 
 as required by this Ordinance a judge of the supreme court 
 sitting in chambers may on summary applipation by the execu- 
 tor, administrator or trustee or by any other person interested 
 in the trust property or estate, of which application three days' 
 notice shall be given to such claimant, order that unless a 
 specified value shall be placed upon such security and notified 
 in writing to the executor, administrator or trustee within a 
 
.'568 JUDICATURE 
 
 time to be limited by the order such claimant shall m respect 
 of the claim or the part thereof for which the security is held 
 be wholly barred of any right to share in the proceeds of such 
 trust property or estate ; and if a specified value is not placed 
 on such security and notified in writing to the executor, admin- 
 istrator or trustee according to the exigency of such order the 
 said claim or the said part as the case may be shall be wholly 
 barred as against such trust property or estate. C. O. 21, K. 
 596. 
 
 •tors°t'oflfe*" 597. Every administrator to whom letters of administration 
 accounts ^^^^ :j^^^^ igsued more than two years prior to the coming into 
 force of this Ordinance shall forthwith and every adminis- 
 trator since or hereafter appointed shall within two years after 
 the grant of letters of administration or such further time as 
 the court or judge may allow file in the oflice of the clerk of 
 the supreme court in the district wherein the grant was made 
 a statement and an account verified by his oath showing his 
 Application to administration of the estate and apply to the judge usually 
 
 !pas9 accounts . . ..,.,. . i t , • , , i i • . 
 
 exercising jurisdiction m such district to have nis accounts 
 passed and allowed whereupon a summons may be issued 
 calling upon the creditors, next of kin and all persons inter- 
 ested in the estate to attend the passing of the accounts. * * * 
 
 (£) Upon the passing of. the accounts the judge may give 
 such directions as to the remuneration of the administrator, the 
 payment of dehts or charges, and the distribution of the assets 
 'as to him may seem meet, and may direct the payment into 
 court of any moneys to which any person under the age of 
 twenty-one years or any person outside of the Territories is 
 entitled. C. O. 21, E. 597, repealed in part and amended by 
 1903, Sess. 1, c. 8, s. 9. 
 
 iby'pubUc"^^ 598. The public administrator may obtain an origiuarjug 
 administrator gammons as plaintiff under rule 481 of this Ordinance as if he 
 were a creditor or one of the next of kin of the deceased, upon 
 obtaining special leave of a judge to do so, which leave shall be 
 granted by the judge ex parte tipon his being satisfied by affi- 
 davit or otherwise that it is expedient to grant it. C. 0. 21, 
 E. 598. 
 
 which"in°ant ^^^' ^^^never an action is brought or is pending in respect 
 
 Pubifc'^'* of any property or estate in which one or more infants is or 
 
 administrator are interested the writ and statement of claim shall be served 
 to be served 
 
 ISardianad °^ * public administrator in the judicial district in which 
 
 ,u(em the -writ was issued together with a statement giving the full 
 
 name, age and address of such infant or infants, his or their 
 
JUDICATURE 56i> 
 
 father, mother or guardian ; and the ptiblic administrator shall 
 be the guardian ad litem and shall enter an appearance for 
 such infant or infants and shall for all puropses represent the 
 infant or infants in such action. 
 
 {2) It shall he the duty of the public administrator to make Duties 
 all necessary or proper inquiries, to take all necessary or proper 
 proceedings and to protect and actively attend to the interests 
 of the infant. 
 
 (S) The costs of the guardian ad litem shall be taxed as Costs 
 between party and party and shall, subject to the discretion of 
 the judge, generally be paid out of the estate. C. 0. 21, II. 
 599. 
 
 600. In any ease in which it may appear desirable the court pubUc 
 or judge may appoint the public administrator guardian of the may'be^ 
 estate of any infant or of the estate of any lunatic. C. 0. 21, ^"^"^ ^^° 
 R. 600. 
 
 601. The public administrators and all other executors and Remuneration 
 administrators shall be entitled to such remuneration for their administrators 
 services (in addition to the costs of the grant of the probate or 
 administration) as the judge may allow, to be charged against 
 
 and deducted from the estate passing through their hands or to 
 be paid by the successor of the public administrator out of the 
 assets of the deceased; and such remuneration shall be a first 
 charge on the estate after payment of the costs of probate or 
 administration, funeral and testamentary expenses. C. O. 21, 
 E. 601. 
 
570 
 
 JUDICATUEE 
 
 Part III. 
 
 Small Debt Procedure. 
 
 Claims for 
 debt under 
 
 $100 
 
 Entry o( 
 action 
 
 Particulars 
 of claim 
 
 Address of 
 parties 
 
 Issue of 
 summons 
 
 OEDEE XL VII. 
 
 602. In all claims and demands for debt, whether payable in 
 money or otherwise, where the amount or balance claimed does 
 not exceed $100 the procedure shall, unless otherwise ordered 
 or allowed by a judge, be as follows : C. O. 21, E. 602. 
 
 603. Every plaintiff when he enters an action with the clerk 
 shall do so by leaving with him (by post or otherwise) a simple 
 statement in writing (with a copy to file and one for each copy 
 of writ desired) of the cause of action; in the case of an 
 account the particulars may be in the usual form of items of an 
 account or otherwise ; in the case of a bill, note or order a copy 
 thereof shall be furnished and in the case of a claim imder any 
 other written instrument a copy shall be furnished or a concise 
 statement of the purport or effect of it shall be given to the 
 extent of exhibiting the grounds of action so that in each case 
 it may be known or understood by a person of ordinary intelli- 
 gence what the action is brought for and the clerk shall attach 
 such statement to the summons and shall attach to each copy 
 of the summons a copy of such statement. C. O. 21, E. 603. 
 
 604. The plaintiff shall also at the time he so delivers his 
 statement to the clerk inform him of his post office address and 
 of the full name of the defendant where practicable and also of 
 his place of residence and post office address with as much 
 certainty and particularity as possible^ C. 0. 21, E. 604. 
 
 605. Upon receipt of such claim and upon payment of the 
 proper fees therefor the clerk shall enter such claim in the 
 procedure book to be kept by him for that purpose and shall 
 issue a summons corresponding in siibstance with form H in 
 the schedule hereto where the cause of action is within rule 610 
 hereof and with the form J in the schedule hereto where the 
 cause of action is not within the said rule and shall make out 
 as many copies of the said summons as ■^here are defendants. 
 0. 0. 21, E. 605. 
 
 I!,t'^^^L°^ 606. Upon the issue of the said summons the clerk shall 
 
 deliver or transmit the same and the copies thereof with the 
 copies of claim attached thereto to the plaintiff or as he may 
 
JUDICATURE 571 
 
 direct and shall attach to the original summons as many copies 
 of the aiRdavit of service in form K in the schedule hereto as 
 there are defendants in the said suit. C. O. 21, E. 606. 
 
 607. The summons shall be returnable: 
 
 1. Where the defendant resides in the indicial district from Time for 
 
 , , . •" return of 
 
 whence the summons issued, at the expiration of twenty days summons 
 from the service thereof; 
 
 2. ^^'here the defendant resides in any judicial district in 
 the Territories other than that in which such summons issued, 
 at the expiration of twenty-five days from the service thereof ; 
 
 S. Wlicrc the defendant resides in any place in Canada out- 
 side the Territories or in the United States of America, at the 
 expiration of thirty days from the service thereof ; 
 
 I^. Where the defendant resides in any part of the United » 
 
 Kingdom, at the expiration of thirty days from the service 
 thereof ; 
 
 5. In any of the above cases it shall not be necessary to 
 obtain an order for service out of the jurisdiction. C. O. 21, 
 E. 607. 
 
 608. After the service of the said summons upon the defen- Return to 
 
 clerk after 
 
 dant the plaintiff shall forthwith cause it to be returned to the service 
 clerk accompanied by an affidavit of service thereof in the said 
 form K. C. O. 21, E. 608. 
 
 609. After the receipt of such summons with the affidavit of '^lH^^^^^^^^^ 
 service thereof the clerk shall, after the expiration of the time ^*^jPJI^| 
 limited therein for appearance thereto, notify the plaintiff or 
 
 his advocate whether the defendant has or has not entered a 
 dispute to the same. C. O. 21, E. 609. 
 
 610. In actions where the claim or demand is a mere account ?'J,*^J,°^(.' 
 or is ascertained by some instrtmient signed by the defendant ^|'^'';|[,^'['J^ 
 as a merchant's account, the price of goods sold and delivered, 
 
 a claim for work and services, money paid, money lent, rent, a 
 promissory note, a bill, order, bond, covenant for the payment 
 of money or other memorandum showing liability for the pay- 
 ment of a sum certain or which can be ascertained by compu- 
 tation and the defendant does not appear according to the writ 
 of summons the clerk may upon the said summons being 
 returned to him with an affidavit of the due service thereof, 
 after the time for appearance has- expired, sign judgment 
 for the amount of the claim and costs against the defendant by 
 entering in his procedure book the words "judgment against 
 
572 
 
 JUniCATUKE 
 
 Execution 
 
 Setting aside 
 judgment 
 
 the defendant by default," stating the date of such entry and 
 such entry shall be the judgment of the court m the cause and 
 execution may issue and other lawful proceedings be taken 
 thereon : 
 
 Provided always it shall be competent for any judge on 
 application by the person feeling himself aggrieved by any 
 such judgment to set aside the said judgment and to let the 
 defendant in to defend the said action, or to stay proceedings 
 on such terms as to costs and otherwise as to him shall seem 
 just. 0. 0. 21, K. 610. 
 
 Notice of 
 dispute 
 
 611. If the defendant desires to defend any action or suit he 
 must cause a Avritten dispute note in form L in the schedule 
 hereto to be delivered by post or otherwise to the clerk before 
 the entry of judgment in which shall be stated briefly the 
 nature or grounds of his defence and Avhere a claim is disputed 
 in part only he shall state what part thereof or the items he 
 disputes. 
 
 (2) The defendant shall in his notice of dispute give his 
 post office address. C. O. 21, E. 611. 
 
 Setoff or 
 counterclaim 
 
 612. A defendant in any action may set off or set up by way 
 of counterclaim against the claim of the plaintiff any right or 
 claim whether such set off or counterclaim sound in damages 
 or not ; such set off or counterclaim shall have the same effect 
 as if such relief were sought in a cross action so as to enable 
 the court to pronounce a final judgment in the same action 
 both on the original and on the cross claim. C. O. 21, R. 612. 
 
 Setting down 
 for trial 
 
 Striking out 
 dispute, etc. 
 
 Representa- 
 tion at trial 
 
 613. After the filing by the defendant of his dispute note 
 the clerk shall inform the judge that such dispute is so filed 
 and the judge shall thereupon set the case down for trial in 
 chambers or such other place as the judge may deem expe- 
 dient and at such time as to him may seem expedient: 
 
 Provided however that this rule shall in no wise affect the 
 right of the plaintiff to move to strike out the said dispute 
 note and for judgment or in any way curtail the powers given 
 under rule 620 hereof : 
 
 Provided further that either party may be represented on 
 the trial in person by advocate or 'agent. C. 0. 21, R. 613. 
 
 Notice of trial 614. Upon the time and place of trial of an action being so 
 fixed by the judge the clerk shall notify each party to appear 
 for trial and that in default of appearance thereat judgment 
 may be given against him by default with costs ; such notice 
 of the time and place fixed for such trial shall be forwarded 
 bv registered post to the respective addresses given by them: 
 
JUDICATURE 573 
 
 Provided that if a defendant shall in his notice of dispute 
 omit to state his post office address the notice to him ^shall be 
 mailed to the address stated by the plaintiff as required by 
 rule 604 hereof. C. O. 21, E. 614. 
 
 615. At any time before the trial of the action either of the Application 
 parties may on reasonable notice to the other party or at the postponement 
 trial without notice apply for a postponement of the trial or a pL^ce'^Sf tn°ai 
 change of the place fixed for the same and the judge may 
 thereupon give such direction as to postponement or change of 
 
 place of trial and as to costs as he may deem fit. 
 
 (2) All notices, summonses to show cause and orders Service of 
 requird to be served upon any party to the action may, unless "°*"'^^' ^*'''- 
 otherwise ordered by the judge, be served by mailing the same 
 to him by registered post to the post office address given by him 
 to the clerk of the court under the provisions hereof or if no 
 such address has been given to his last knovsTi post office 
 address. C. O. 21, E. 615. 
 
 616. Unless the judge shall otherwise order, in case any g^jt 
 action falling within the class provided for in this order is broughTuIfder 
 brought under the general procedure and the plaintiff succeeds frocedure or 
 or in case in an action of debt brought under the general pro- IlS'than $ioo 
 cedure to recover over $100 the plaintiff recover less than that 
 
 sum he shall recover only such costs as he would have recovered 
 had the action been brought under the provisions of this order costs 
 and the defendant in any such action shall be entitled to tax 
 his costs of suit between advocate and client and so much 
 thereof as exceeds the taxable costs of defence which would 
 have been incurred had the proceedings been had under this 
 order shall on entering judgment be set off and allowed by the 
 clerk against the plaintiff's costs to be taxed against the costs 
 to be taxed and the amount of the judgment if it be necessary 
 and if the amount of the costs so set off exceeds the amount of 
 the plaintiff's judgment and taxed costs the defendant shall be 
 entitled to judgment for the excess against the plaintiff. 0. 0. 
 21, E. 616. 
 
 617. In every case where an action is defended and an advo- Advocate's 
 cate is employed by the successful party the clerk in addition 
 
 to all other costs shall unless otherwise ordered by the judge 
 tax to the suceessfiil party an advocate's fee equal to ten per 
 cent, of the amount of the judgment recovered if such fee is 
 taxable to the plaintiff or equal to ten per cent, of the amount 
 claimed by the plaintiff in the action if such fee is taxable to 
 the defendant : 
 
574 
 
 JUDICATUEE 
 
 Provided that in no case shall the fee so taxable be less than 
 $1 and except as herein provided no other counsel or advocate 
 fee shall be taxable or payable as between party and party. 
 C. 0. 21, R. 617. 
 
 Clerk's and 
 sheriff's teen 
 
 618. There shall be paid to the clerk or deputy clerk and 
 sheriff or deputy sheriff respectively for their services in 
 actions and suits within the provisions of this order the fees 
 prescribed by the tariffs of clerk's and sheriff's fees in The 
 Small Debt Tariff contained in the schedule hereto. C. 0. 21, 
 E. 618. 
 
 Witness and 
 
 interpreter 
 
 fees 
 
 Cost of 
 evidence by 
 commission 
 etc. 
 
 619. Witnesses and interpreters in actions and suits within 
 the provisions of this order shall be entitled to the fees and 
 remuneration set forth in The Small Debt Tariff contained in 
 the schedule hereto and such fees shall be taxable to or against 
 the successful party as the case may be to the same extent as 
 they are taxable in other cases under this Ordinance : 
 
 Provided that the judge may in any case direct the taxation 
 to either party of the reasonable costs and expenses of obtaining 
 evidence by commission or otherwise. C. O. 21, K. 619. 
 
 "^enerai"" °' ^^^" -E^^^pt as to the matters specially provided for in this 
 
 procedure order the procedure or practice under the preceding orders and 
 
 rules where not inconsistent herewith shall be adopted and 
 
 applied in actions brought under this order. C. 0. 21, E. 320. 
 
 Praecipe and 
 indorsement 
 unnecessary 
 
 621. It shall not be necessary upon the commencement of 
 any proceeding or the issue of any process in actions coming 
 imder the provisions of this order for any party to file a praecipe 
 nor shall it be necessary to indorse upon any such process the 
 name of the person by whom or on Avhose behalf the same was 
 issued. C. O. 21, E. 621. 
 
 Informalities 622. 1^0 proceedings under this order shall be deemed 
 invalid for informality provided the same are a substantial 
 compliance with the requirements of this order as to such pro- 
 
 ceeding. 
 
 C. O. 21, E. 622. 
 
JUDICATURE 57f 
 
 SCHEDULE. 
 FORM A. 
 
 (Rule 1.) 
 
 "Writ of Sujimons. 
 
 In the Supreme Court of the Xorth-West Territories. 
 
 Judicial District of 
 Between 
 
 of (residence) 
 
 Plaintiff, 
 and 
 
 jof (residence) 
 
 Defendant. 
 
 VICTORIA, (or name of the reigning Sovereign as the case 
 may be) by the Grace of GOD of the United Kingdom of 
 Great Britain and Ireland, QUEEIST (or as the case may 
 he), Defender of the Faith, etc., etc., etc. 
 
 To the above named defendant: 
 
 You are notified that the plaintiff has entered an action 
 against you in the above named court for the recovery of the 
 claim or demand a statement of which is filed in court and 
 annexed to this summons. 
 
 And you are notified that if you dispute the said claim either 
 in whole or in part you do within days from 
 
 the service of this vsrrit on you, exclusive of the day of such 
 service, cause to be entered for you in the office of the clerk of 
 this court an appearance and within six days thereafter file 
 with the clerk a statement of the grounds on which such dis- 
 13ute is based. 
 
 And take notice that in default of your so doing the plaintiff 
 may proceed in his said action and judgment may be given in 
 your absence and without further notice to you. 
 
 Issued at the 
 
 day of A.D. 1 
 
 I.J.. 
 [l.s.] Clerk of the Court. 
 
 CO. 21 and 1901, c. 10, s. 11. 
 Memoranda to be Indorsed on Writ. 
 
 ISr.B. — This writ is to be served within twelve months from 
 the date thereof; or if renewed within six months from the 
 day of the last renewal including the day of such date and not 
 afterwards. 
 
576 
 
 JUDICATDEE 
 
 This writ was issued by the plaintiff who resides at 
 and (if residence over three miles from the clerk's office) whose 
 "address for service" is at 
 
 Or, This writ was issued by of 
 
 advocate for the plaintiff whose "address for service" (if the 
 advocate's office is over three miles from the clerk's office) is at 
 
 EOKM B. 
 
 (Bule 355.) 
 
 Writ of Exeguticsn'. 
 
 In the Supreme Court of the ISTorth-West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant. 
 
 VICTORIA, (or name of the reigning Bovereigrh- as the case 
 may he) by the Grace of GOD of the United Kingdom of 
 Great Britain and Ireland, QUEEN" (or as the case may 
 he), Defender of the Faith, etc., etc., etc. 
 To the Sheriff of the Judicial District : 
 
 You are commanded that of the goods (or lands as the case 
 may he) of in the judicial 
 
 district, you cause to be made dollars and 
 
 cents which lately 
 
 by the judgment (or order as the case may he) of the said court 
 recovered against him , and 
 
 that you have the said money and in what manner you shall 
 have executed this writ make appear to the said court at 
 , immediately aft^ the execution thereof 
 before the said court at together with this 
 
 writ. 
 
 Issued at this day 
 
 of A.D. 1 
 
 I.J., 
 (L.S.) Clerk of the Court. 
 
 CO. 21. 
 
JUDICATURE 577 
 
 FORM C. 
 
 (Rule SSi.) 
 
 Garnishee Summons. 
 
 In the Supreme Court of the ITorth-West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant, 
 and . 
 of 
 
 Garnishee. 
 To the above named Garnishee: 
 
 You are hereby notified that a suit has been entered in this 
 court in which the plaintiff claims of the defendant the sum of 
 
 as shown by his 
 statement of claim filed in court a copy of which is hereto 
 annexed (or You are hereby notified that the plaintiff has 
 recovered a judgment in this court against the defendant for 
 
 ) 
 and it is alleged on affidavit filed that you are indebted to the 
 said defendant. 
 
 And you are required within twenty days from the service 
 hereof to notify the clerle by statement in writing whether or 
 not there is any debt due or accruing due from you to the) 
 defendant (or judgment debtor) and, if so, what debt and why 
 you should not pay the same into court to the extent of the 
 plaintiff's claim and costs. 
 
 Issued at this day 
 
 of A.D. 1 
 
 I.J., 
 CLg) Clerh of the Court. 
 
 (To be indorsed same as a Writ of Summons.) 
 
 C. O. 21; 1901, c. 10, s. 12 and 1902, c. 5, s. 4. 
 
578 JUDICATUEE 
 
 "FOEM D. 
 
 {Rule J^n.) 
 
 Weit of Attachment. 
 
 In the Supreme Court of the ISTorth-West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant. 
 
 VICTORIA, {or the name of the reigning Sovereign as the 
 case may he) by the Grace of GOD of the United King- 
 dom of Great Britain and Ireland, QUEEI^ {or as the 
 case may he), Defender of the Faith, etc., etc., etc. 
 
 To the Sheriff of the Judicial District: 
 
 You are commanded to attach, seize and safely keep all the 
 personal estate, credits and effects together with all evidences 
 of title, debts, books and book accounts or other documents^ 
 vouchers or papers belonging thereto or otherwise of the above 
 named defendant to secure and satisfy the plaintiff the sum 
 of with his costs of action and to satisfy the debt 
 
 and demand of such other creditors of the said defendant as 
 shall prosecute their claims to judgment and lodge executions 
 with you the said sheriff within the time allowed by The 
 Creditors' Relief Ordinance to entitle them to share in the 
 distribution of the proceeds. 
 
 And we command you the said sheriff that so soon as you 
 shall have executed this writ you do return the same with an 
 affidavit of service and a certificate of your action thereunder. 
 
 Issued at this day 
 
 of A.D. 1 
 
 IJ., 
 (L.S.) Cleric of the Court. 
 
 C. 0. 21. 
 
JUDICATUKl! ' 579 
 
 FOKM E. 
 
 {Rule U26.) 
 
 Writ op Replevin. 
 
 In the Supreme Court of the North-West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant. 
 
 VICTORIA, {or the name of the reigning Sovereign as the 
 case may be) by the Grace of GOD of the United King- 
 dom of Great Britain and Ireland, QUEEN {or as the 
 case may he), Defender of the Eaith, etc., etc., etc. 
 
 To the Sheriff of the Judicial District: 
 
 You are hereby commanded without delay to cause to be 
 perty following that is to say : 
 
 which the said alleges to be of the 
 
 hath taken and unjustly detained {or unjustly detains as the 
 case may he) as it is alleged, in order that the plaintiff may 
 have his just remedy in that behalf. 
 
 Issued at this day 
 
 of A.D. 1 
 
 G.E., 
 
 ( jL, g ) Clerk of the Court. 
 
 C. O. 21. 
 value of dollars and which the defendant 
 
 EORM F. 
 
 {Rule m.) 
 
 Bond foe Replevin. 
 
 Know all men by these presents that we, A.B., of 
 E. F., of ^""^ 
 
 O.H., of 
 
 sheriff of the Judicial District m the snm 
 
 replevied to the plaintiff his goods, chattels and personal pro- 
 of dollars of lawful money to be paid to 
 are jointlv and severally held and firmly bound to the 
 
580 
 
 JL'DICATDKE 
 
 the said sheriff, his successor in office or feither of their assigns 
 for which payment well and truly to be made we bind our- 
 selves and each and every of us in the whole, our and every of 
 our heirs, executors and administrators firmly by these pre- 
 sents. Sealed with our seals, dated this day of one 
 thousand , 
 
 Whereas the said A.B. has obtained a y^i'it of replevin against 
 CD. to obtain possession of certain cattle (or goods) to wit: 
 
 which the said A.B. asserts to be his 
 property : 
 
 'Now the condition of this obligation is such that if the said 
 A.B. shall prosecute his suit in which the said writ is issued 
 with effect and without delay or if suit is carried on and 
 continued beiween the said A.B. and CD. touching the pro- 
 perty of the said cattle (or goods) and the court shall adjudge 
 that the said cattle (or goods) be restored to the said CD. with 
 damages for detaining the same and during such detention 
 then if the said A.B. shall comply with such adjudication and 
 pay and satisfy any judgment that may be obtained against 
 him this bond shall be void. 
 
 Signed, sealed and delivered in the 1 A.B., [l.s.] 
 
 presence of |- E.F., [x.s.] 
 
 J CH.. [L.S.] 
 
 (When the plaintiff' himself does not join in the bond the 
 form must he altered to conform to the facts.) CL O. 21. 
 
 POEM F (1). 
 Bond to Ketain Possession or Peopeety. 
 
 Know all men by these presents that we, CD. (defendant) 
 of ' E.F. of 
 
 and G.H. of are jointly and severally 
 
 held and firmly bound to the sheriff 
 
 of the Judicial District in the 
 
 sum of dollars of lawful money to be paid 
 
 to the said sheriff, his successor in office, or either, of their 
 assigns, for which payment well and truly to be made we bind 
 ourselves, and each and every of iis in the whole, our and every 
 of our heirs, executors and administrators, firmly by these 
 presents. 
 
 Sealed with our seals, dated this day 
 
 of one thousand nine hundred and 
 
 Whereas the said CD. claims to retain certain cattle (or 
 goods) to wit: , to recover possession of 
 
JUDICATUEK 581 
 
 wLich A.B. has obtained a writ of replevin. 
 
 JSTow the condition of this obligation is such that if the 
 court shall adjudge that the said cattle (or goods) shall be 
 restored to the said A.B., with or without damages for detain- 
 ii;g the same, then if the said CD. shall restore the said cattle 
 (or goods) and pay and satisfy any judgment that may be 
 recovered against him this obligation shall be void, but other- 
 wise shall remain in force." 
 
 Signed, sealed and delivered "j C.D. [l.s.J 
 
 in the presence of [ E.F. [l.s.] 
 
 i G.H. [L.S.] 
 
 (Where the defendant himself does not join in the bond the 
 
 form must be altered to conform to the fact.) 1901, c. 10, s. 13. 
 
 FORM G. 
 
 (Eule JflO.) 
 
 OpaCriNATiiVG Summons. 
 
 In the Supreme Court of the ISTorth-AVest Territories. 
 Judicial District of 
 
 i^Here insert style of cause or matter.) 
 
 Let all parties concerned attend at judge's chambers at 
 in on the 
 
 <]ay of on the hearing of an application on the part of 
 
 that (Here set out the object of the application). 
 If you do not attend either in person or by your advocate at 
 the time and place above mentioned such order will be made in 
 vour absence as may seem just and expedient. 
 
 K.L., 
 
 J.S.C. 
 This summons was taken oiit by 
 advocate for the applicant. 
 
 Tariff of Witnesses', Jueoks' and Inteepketees' Fees. 
 
 (Bide 531.) 
 
 Witnesses and jurors may be allowed the following fees: 
 
 For every day necessarily absent from residence, in 
 going to, staying at and returning froni trial or 
 other proceeding 
 
 When residence is within two miles of place 
 
 of trial .$ 1 00 
 
 When over two miles 2 00 
 
582 JUDICATUKJS 
 
 J' or every mile necessarily travelled by other means 
 
 than railway $ 10 
 
 When railway used, actual fare paid. 
 
 Professional men, when acting professionally in addi- 
 tion to mileage as other witnesses, per day 5 00 
 
 Intebpeetees. 
 
 Interpreters may v^hen used be allowed the same mile- 
 age as witnesses and for each day actually 
 
 engaged as interpreters 2 00 
 
 JSTo. 6 of 1893. 
 
 FOEM H. 
 
 (Bule 605.) 
 Small Debt Summons A. 
 
 In the Supreme Court of the ISTorth-West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant. 
 To CD., the above named defendant : 
 
 The plaintiff demands of you $ , as shown by his 
 
 claim hereto attached or indorsed hereon. 
 
 You are notiiied that this summons is returnable on the 
 day after the day of the service thereof upon 
 you. If you dispute the claim or any part thereof you are to 
 leave with the clerk of this court at in 
 
 said Judicial District within days after the said 
 
 service upon you the dispute note hereto attached or one to the 
 like effect otherwise after such return day has passed the 
 clerk may sign judgment against you by default 
 foi the plaintiff's claim and costs but in case you give or send 
 by mail or otherwise said dispute note to the said 
 clerk together with the sum of $ for his fees and he 
 
 receives the same within the said time the cause will be tried 
 
JUDICATUKE ^gg 
 
 at a sittings of this court and you will receive due notice of the 
 time and place of such trial by registered letter sent prepaid 
 to the address given by you in said dispute note. 
 Dated the day of 1 
 
 By the Court, 
 
 I.J., 
 
 Clerk. 
 
 FORM j; 
 
 (Rule 605.) 
 
 Small Debt Summons B. 
 
 In the Supreme Court of the North- West Territories. 
 
 Judicial District of 
 Between 
 
 of 
 
 Plaintiff, 
 and 
 of 
 
 Defendant. 
 To CD., the above named defendant: 
 
 Take notice that the plaintiff claims from you $ as 
 
 shoMTtt by his claim hereto attached or indorsed hereon. 
 
 If you dispute the same or any part thereof you are to leave 
 with the clerk of this court at m said 
 
 Judicial District within days after the service hereof 
 
 upon you the dispute note hereto attached or one to the like 
 effect. In case you give or send by mail or otherwise the said 
 dippute note to the said clerk together with the 
 
 •sum of $ for his fees and he receives the same 
 
 within the said time the cause will be tried at a sittings of this 
 court and you will receive due notice of the time and place of 
 such trial by registered letter sent prepaid to the address given 
 by you in such dispute note. 
 
 If no such dispute note is filed the plaintiff's cause of action 
 shall be deemed to be adpiitted and the amount th^ plaintiff is 
 «ntitled to recover in respect thereof will be ascertained in such 
 manner as a judge shall direct. 
 
 Dated the^ clay of 1 
 
 By the Court, 
 
 I.J., 
 
 Clerk . 
 
584 
 
 JUDICATUEE 
 
 FOEM K. 
 
 {Rule 606.) 
 
 Small Debt — Affidavit of Sekvice. 
 
 In the Supreme Court of the Xorth-West Territories, 
 
 Judicial District of 
 Between 
 
 A.B., 
 
 Plaintiff, 
 and 
 
 CD., 
 
 Defendant. 
 I, of " (occupatio7i) 
 
 make oath and say: 
 
 1. That I did on the day 
 of 1 , personally serve O.D., the above named 
 defendant with a true copy of the summons herein hereimto 
 annexed by delivering the said copy to and leaving the same 
 ■with the said defendant at 
 
 2. That at the time of such service there was attached to 
 the said copy of summons so served a true copy of the particu- 
 lars of claim attached to or indorsed upon the said annexed 
 summons. 
 
 S. That at the time of such service there was also attached 
 to the said copy of summons a blank form entitled in this cause 
 of which the form marked "L" is a true copy. 
 
 ^. That to effect such service I necessarily travelled 
 miles. (Jurat.) 
 
 FOKM L. 
 
 (Eule 611.) 
 
 Small Debt — Dispute ISTote. 
 
 In the Supreme Court of the ]Srorth-"\Vest Territories. 
 
 Judicial District of 
 Between 
 
 A.B., 
 
 Plaintiff, 
 and 
 
 Defendant. 
 Take notice that I dispute the plaintiff's claim on the follow- 
 ing grounds : 
 
.rUDICATUKE 585 
 
 {Here state briefly the grounds of defence in such manner 
 that the particular nature of the defence may readily he ascer- 
 tained.) 
 
 My post office address is : 
 
 CD., 
 
 ^•B. — This note must be sent by mail or otherwise to the 
 
 clerk of the Supreme Couii; at {address 
 
 to he filled in hy clerk) within days from service. 
 
 SiiALL Debt Tariff. 
 
 {Rules 618 and 619.) 
 
 Clerk's Fees. 
 
 The following fees and no others shall be paid to clerks of 
 the court for the several services under the Small Debt pro- 
 cedure herein provided for: 
 
 cts. 
 Eeceiving claim, entering in procedure book and issuing 
 
 summons 75 
 
 Garnishee summons or writ of attachment, including 
 
 examining affidavits 50 
 
 Every original subpoena 50 
 
 Every copy of summons, garnishee or subpoena 10 
 
 Entering dispute note, or appearance by garnishee. ... 25 
 
 On payment of money into court without dispute note. . 25 
 
 Every notice of trial 20 
 
 Hearing fee in contested cases 50 
 
 Every chamber summons or judge's order, including 
 
 entering 25 
 
 Every commission to examine witnesses or exempiilicaiioii 
 
 of judgment 50 
 
 Every appointment ., 10 
 
 Every search 10 
 
 Entering every judgment by default including search for 
 
 dispute and taxation of costs and necessary filings. . 50 
 Entering every judgment after trial or order for judg- 
 ment 50 
 
 Filing every exhibit at trial (no other filings to be 
 
 allowed 1'^ 
 
 Every reference to the clerk, per hour actually engaged . 75 
 
 Every certificate :• • ^5 
 
 Every writ of execution • 50 
 
 Every renewal thereof 25 
 
 Copies of documents, per folio 10 
 
 Necessary postages. 
 
586 judicature. 
 
 Sheriff's Fees. 
 
 The following fees and no others shall be allowed to sheriffs, 
 deputy sheriffs and bailiffs for services under the Small Debt 
 procedure ; 
 
 Service of summons or other process including affidavit 
 
 of service, oath and return $ .50 
 
 Every seizure 50 
 
 Schedule of goods seized, including copy for person 
 
 whose goods seized T5 
 
 When over 500 words, per 100 over 500 10 
 
 Every mile necessarily travelled * * * to serve summons 
 or process, or in going to effect seizure under an 
 attachment or under execution where money made or 
 settlement effected after levy, provided that there 
 shall be only one allowance of mileage fees in and 
 about a seizure and the sale consequent thereon .... 10 
 
 Every bond including affidavits 1 00 
 
 ]S! ctice of sale 30 
 
 Each copy not exceeding five including posting up. . . . 10 
 
 Notice of postponement including copies 25 
 
 All necessary disbursements for removal and care of 
 
 property seized 
 
 Eor poundage on executions, five per cent., but not upon 
 any sum greater than called for by the writ under 
 
 which the officer acts 
 
 Receiving, entering and returning every writ of execu- 
 tion 25 
 
 Witness Fees. 
 
 In cases under Small Debt Procedure : 
 
 Attendance, per day $1 00 
 
 Mileage, each way 10 
 
 Where railway can conveniently be used witnesses shall only 
 be allowed such sum as would be sufficient to pay railway fare 
 in coming to and returning from place of trial in no case to 
 exceed mileage at above rate. 
 
 Intekpeeteks. 
 
 In cases under Small Debt Procedure : • 
 
 Per day employed $2 00 
 
juDic.vruEE K87 
 
 JUDICATURE. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 21 of "The Consoli-'^"^'*-^ 
 dated; Ordinances 1898, intituled "An Ordinance 
 respecting the Administration of Civil Justice." 
 
 [Assented to April 29, 1899.] 29 April. 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. Chapter 21 of The Consolidated Ordinances 1898 is 
 amended by adding to section 17 thereof the following sub- 
 section; ******** 
 
 JUDICATURE. 
 
 AMENDMENT. 
 
 An Ordinance to further amend Chapter 21 of Thewoo,^.b 
 Consolidated Ordinances 1898, intituled " An 
 Ordinance respecting the A dministration of Civil 
 Justice." 
 
 [Assented to May 4 1900.'] " May, 19-0 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. Each clerk of the court and sheriff may appoint a deputy ^(P|'g°'yt'"|,"' 
 at the place at which he resides and keeps his ofBce, who (in oierk or sheriff 
 the absence of such clerk or sheriff) shall have and exercise all 
 the powers of such clerk or sheriff respectively. 
 
 JUDICATURE. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 21 of The ConsoM-'^^^^^^-^-- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Administration of Civil Justice." 
 
 [Assented to November 21, 1903.] ?i not. 1903 
 
 THE Lieutenant Governor by and with the advice^ and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
588 
 
 Sectioa 51 
 
 N.W.T. Act 
 
 repealed I'epealed 
 
 JUEIES 
 
 1. Section 51 of The NortliAYest Territcnes Act is herebj 
 
 3. The Judicatare Ordinance is hereby amended by adding 
 after section 7 the following section : 
 
 CO. 1898, c. 28 
 
 Persons 
 qualified 
 as jurors 
 
 Persons 
 exempt 
 
 Service once 
 in two years 
 
 JURIES. 
 
 An Ordinance respecting Juries. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. Subject to the exemptions hereinafter mentioned all male 
 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. C 0. 28, s. 1. 
 
 3. The following persons are exempt from serving as jurors : 
 
 (a) Ministers of religion; 
 
 (&) ilembers of the Legislative Assembly and officers 
 thereof ; 
 
 (c) ilembers oJ the iSTorth-'West Mounted Police; 
 
 {d) Practising advocates; 
 
 (e) Medical practitioners; 
 
 (/) All salaried officials of the Dominion and ISTorth-West 
 Governments ; 
 
 (gr) Licensed ferrymen and school teachers while so 
 employed ; 
 
 {h) All persons employed in the running of railway 
 trains ; 
 
 (i) Telegraph operators while so employed; 
 
 (i) Postmasters. C. O. 28, s. 2. 
 
 3. ]^o 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 men- 
 tioned. C. O. 28 s. 3. 
 
JUKiEs 589 
 
 •4. The sheriff of each judicial district whenever required so sheriff to 
 to do by a judge of the supreme court shall furnish the clerk ofperwns 
 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. C. O. 28, s. 4. 
 
 5. "Whenever an order has been made for the trial by jury of when trial by 
 issues of fact in any civil cause the clerk shall make out f rom iSTo ''^ 
 the last revised 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 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 qualified ])cr- -^^^^^ pnmher 
 sons to serve as jurors within the distance aforesaid is less than jJIJ^^jJ^^"' 
 twenty-four the names of any other qualified persons residing increase 
 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 
 list from which the panel to form the jury in the case is to be 
 struck as hereinafter provided. C. O. 28, s. 5. 
 
 6. The iudee shall thereupon appoint a day and an hour at striking parei 
 
 •I o '-'■!■ " . -, J. Notice to 
 
 his chambers for striking the panel, one day s notice whereot parties 
 shall be given by the clerk to the parties interested. C. 0. 
 28, s. 6. 
 
 7. Each party to the suit attending the striking of the panel f^s^l°i^ 
 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 
 tAvelve which shall constitute the panel to be summoned. C. 0. 
 2S, s. 7. 
 
 8. Whenever a jury is required for the trial of any person jur^.iistin 
 charged with a criminal offence the clerk on receivmg notice matters 
 from the judge of the fact shall prepare a special list and pro- 
 duce it before the judge in chambers as required m civil 
 matters. C. O. 28, s. 8. 
 
590 
 
 JUEIES. 
 
 ^*°^^ 9- On the production of such special list the clerk in the 
 
 presence of the judge shall strike off from siich special list by 
 ballot the names singly until the number be reduced to eighteen 
 which number shall form the jury panel for the trial. C. 0. 
 28, s. 9. 
 
 i'reoept 
 to issue 
 
 Summoning 
 of jury 
 
 10. As soon as the panel is formed in the manner herein- 
 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 
 Ordinance directed to and commanding the sheriff to summon 
 the persons whose names comprise the panel. C. O. 28, s. 10. 
 
 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 gro^vn up member of his 
 household, a reasonable time before the date of the trial, a 
 written or printed summons in form B in the schedule to this 
 Ordinance. C. 0. 28, s. 11. 
 
 Return of 
 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 
 
 0. 0. 28, s. 12. 
 
 a return showing his action thereon 
 
 obeT summons ^^' Every person summoned to serve as a juror who fails to 
 obey the summons served on him or to answer to his name when 
 
 Penalty 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. C. O. 28, s. 13. 
 
 Enforcement 
 of penalty 
 
 14. All fines for nonattendance of jurors shall if not paid 
 forthwith be levied together with the sheriff's costs and expenses 
 as authorised 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 imiDrisoned for 
 a term not exceeding thirty days, CO. 28, s. 14. 
 
 Names of 
 persons 
 
 15. The name of every person included in the precept to the 
 ^e^rate*ca?ds sheriff and summoned by him as hereinbefore provided with his 
 residence and occupation shall by the sheriff be written dis- 
 tinctly 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. 28, s. 15. 
 
JURIES . ^Q1 
 
 16. When the case in which the precept has issued is brought selection 
 en to be tried the clerlv 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 
 rix jurors are drawn who after all just causes for challenging 
 allowed appear as fair and indifferent and who shall be the jury 
 iD try the issues set for trial by jury iti the case. C. O. 28, 
 s. 16. 
 
 17. When upon the application of either party to a civil when special 
 
 , 1 • T 1 1 . . -, ■ T ^ jury requ'red 
 
 cause tne judge orders the matters m 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 intel- 
 ligence are considered by the judge qualified to try the issues 
 and the panel shall be struck from such list and jurors sum- 
 moned as hereinbefore provided in the case of a common jury. 
 C. 0.28, s. 17. 
 
 18. The party who shall apply for a special jury shall not fpe^^faijiiry 
 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. C. 0. 28, s. 18. , 
 
 19. There shall be payable to the sheriff upon the certificate sheriff's 
 of a jude-e 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. C. O. 28, s. 19. 
 
 30. This Ordinance shall come into force and take effect commence- 
 immediately from and after the repeal of sections 71 and 88 of ordinance 
 The North-West Territories Act. C. O. 28, s. 20. 
 
 SCHEDULE. 
 FOEM A. 
 
 Peecept. 
 
 In the Supreme Court of the ^^orth-West Territories, 
 Judicial District of 
 YICTOEIA bv the Grace of GOD of the United Kingdom of 
 Great Britain and Ireland, QUEEX, Defender of the 
 - Faith, etc.. etc. 
 
692 
 
 JUEIES 
 
 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 hanfl and the seal of the said court at 
 in the said Territories this day 
 
 of A.D. 1 
 
 Cleric. 
 
 Schedule Refeeeed to in the Annexed Peecept ix the 
 Cause of against 
 
 Name of juror 
 
 Residence When and where served 
 
 FOmi B. 
 ISToeth-West Teeeitoeies. 
 
 SuiMirOXS FOE JUEOES. 
 
 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 / SJieriif. 
 
HOTEL KEEPERS TiOS 
 
 JUSTICES OF PEACE. 
 
 /S'ee. Magisteates. 
 
 KEEPERS OF HOTELS AND BOARDING 
 
 HOUSES. 
 
 An Ordinance respecting Hotel and Boarding fs^Si^f 
 House Keepers. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SI-IOET TITLE. 
 
 1. This Ordinance may be cited as "The HctelJceepers' ^^'°''t "i'« 
 ■Ordinance." C. O. 56, s. 1. 
 
 LIEN OF HOTEL OK BOAKDING HOUSE KEEPEE. 
 
 2. Any hotel, boarding; or lodging; house keeper may seize piK^tot 
 
 ^.. ° . . ic detention and 
 
 ^nd detain m his hotel, house, or on his premises, and before sale of goods 
 
 "^ or loflfiTfir 
 
 the same shall have been removed therefrom, the trunks and indebted for 
 
 1 • • - 1 1 • J" ooard, etc. 
 
 personal property of any person who is maebted to him for 
 board and lodging and shall be responsible for the safe keeping 
 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 lod.o'er, so 
 seized, on posting and keeping posted during the period of rne 
 week on the outside of the door of 'such hotel, boarding or 
 lodging house a notice of such intended sale, stating the name 
 of the '^uppt, boarder or lodger, the amount of his indebtedness, 
 a description of the bagsraa-e or other property 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 
 keener m-nv apply the proceeds of such sale in payment of the 
 amount due to him as aforesaid and the costs of such adver- 
 tisins aud sale : and he shall pay over the surplus if any to of'sfi^pius" 
 ■the P'^rs'^n entitled thereto on application being made by him 
 therefor ; and in case amilication therefor be not forthwith 
 made be 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 kent the same shall form part of the general revenue 
 fund of the Territories. C. O. 56, s. 2. 
 
594 HOTEL KEEPEES 
 
 uquOT^ ^°^ ^' ^ ° totel, boarding or lodging house keeper shall ha^ e a 
 
 right to detain the trunks or personal property, of any one, or 
 to have a lien thereon, for wines or spirituous or fermerited 
 liquors supplied to him or to any one else by his order C. 0. 
 56, s. 3. 
 
 LIABILITY OE HOTEL KEEPEK. 
 
 Limitation ot 4. Xo hotel keeper shall after the coining into force of this 
 hoteikeeperin Ordinance be liable to make good to any guest of such hotel 
 keeper any loss or injury to goods or property brought to his 
 hrtel (not being a horse or other live animal or any gear apper- 
 taining 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. C. O. 56, s. 4. 
 
 Refusal of 5. If any hotel keeper shall refuse to receive for safe cus- 
 
 hotelkeeper to.i ij. ..i i xti- i. 
 
 receive Roods tody as before mentioned any goods or property oi nis guest, or 
 custody if any such guest shall through any default of the hotel keeper 
 
 be imable to deposit such goods or property as aforesaid, the 
 hotel keeper shall not be entitled to the benefit of this Ordin- 
 ance in respect of such goods or property. 0. 0. 56, s. 5. 
 
 ORDINANCE TO BE POSTED. 
 
 This ^- Every hotel keeper shall cause to be kept conspicuously 
 
 to''be"posted posted in the office and public rooms in his hotel a copy of this 
 
 in hotels 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 posted as aforesaid. 0. 0. 56, s. 6. 
 
LEGAL PltOFESSIO:^' 595 
 
 LAND. 
 
 Bee APPENDIX OF DOMINION STATUTES. 
 CONFIRMATION OF TAX SALE8. 
 EXPEOPEIATION. 
 LANDLORD AND TENANT. 
 LIENS ON LAND FOE TAXES. 
 LIMITATION OF ACTIONS. 
 REAL PROPERTY. 
 RELIGIOUS CONGREGATIONS. 
 TAX SALES OF LAND. 
 TAXES A LIEN. 
 TENANCY IN COMMON. 
 
 LANDLORD AND TENANT. 
 
 See DISTRESS for rent. 
 
 EXTRAJUDICIAL SEIZURES. 
 JUDICATURE (OVERHOLDING TENANT.) 
 
 LAND TITLES. 
 
 See APPENDIX OF DOMINION STATUTES. 
 
 LAW SOCIETY. 
 
 See LEGAL PROFESSION. 
 
 LEGAL PROFESSION. 
 
 Principal Ordinance revised CO. i8g8, c, 5/, amended 
 
 Amending Ordijiance iSgg^ c. 8. 
 
 Amending Ordinance ^9^3) sess. 2, c. 14. 
 
 Amending Ordinance ^904-^ ^' ■#• 
 
 An Ordinance respectine the Leg'al Profession and o.o. isos.c. si 
 
 ^, -r o • ^ r ^u T? -i. • 15 March 1899 
 
 the Law bociety or the ierntories. 
 
 THE 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 Legal Prof ession short title 
 Ordinance." C. O. 51, s. 1. 
 
 INCORPORATION OF LAW SOCIETY. 
 
 2. "The Law Society of the North-West Territories" shall incorporation 
 continue to be incorporated under that name and style and by 
 
 that name shall have perpetual succession and may sue and be 
 
596 
 
 LEGAL PEOFESSION 
 
 sued in any court and have and use a common seal and be cap- 
 able by law to make and receive all deeds, conveyances, assign- 
 ments and contracts necessary to carry into effect the provisions 
 of this Ordinance and to promote the objects and designs of 
 the said corporation. C. 0. 51, = ^. 
 
 s. -z. 
 
 MEMBEKSHIP. 
 
 Members 3. 'jhe foUoAving persons shall compose and be the members 
 
 of the said corporation that is to say : All persons who on the 
 fifteenth day of January, 1899, were enrolled as advocates of 
 the Territories under any Ordinance in that behalf and all 
 others who have since that date or who shall hereafter become 
 entitled to practise as such advocates. C. O. 51, s. 3. 
 
 ROLL OF ADVOCATES. 
 
 Roll of 
 advocates 
 
 •4. The roll of advocates under the Ordinances resj)ecting 
 the legal profession in force prior to the fifteenth day of 
 January, 1899, with the addition thereto of the names of such 
 persons who have since or who may hereafter become members 
 of the society shall constitute the roll of membership of the 
 society and such roll shall be kept in the custody of the secre- 
 tarv. C. 0. 51, s. 4. 
 
 ADMISSION OF ADVOCATES. 
 
 Persons 
 entitled to 
 practise and 
 be enrolled 
 
 5. In addition to the persons already enrolled as advocates 
 as aforesaid the following persons and no others shall be 
 admitted to act as advocates in the Territories and to practise 
 at the bar in the supreme or any other court of civil jurisdic- 
 tion in the Territories or to advise or do or perform any work 
 or service for fee or reward in matters pertaining to the law 
 or sue out any writ or ]irocess or commence, carry on, solicit or 
 defend any action or proceeding in any such court: 
 
 1. Any British subject of the age of twenty-one ye'ars who,, 
 having been entered and admitted as a student of law in the 
 law society of the Territories has been standing on the books 
 therertf for five consecutive years or for three consecutive 
 years if a graduate in arts or law of a recognised university in 
 the United Kingdom or in Canada or a graduate of the Eoyal 
 Military College of Canada, has conformed himself to the rules 
 of the said society and been enrolled as a member thereof : 
 
 Provided always that any student of law or clerk under 
 articles under any Ordinance respecting the legal profession 
 whose articles were duly entered into prior to the nineteenth 
 
LEOAL PKOFESSIO 597 
 
 day of September, 1898, shall on application be entered and 
 admitted to the law society of the Territories as a student of 
 law under articles and upon completing the term of his service 
 as prescribed by, the Ordinance under which he was articled 
 and otherwise conforming to the rules of the law society shall 
 be admitted to practise as an advocate: 
 
 Provided further that the law society shall not require any 
 such student or clerk mentioned in the next preceding proviso 
 to pass any further examination or produce any evidence of 
 further educational attainment or pay any greater fees than he 
 would have been reqiiired to pass, produce or pay under Ordin- 
 ance Xo. 9 of 1895; 
 
 2. Any person who has been duly called to the bar of Eng- 
 land, Scotland, Ireland or any of the provinces of Canada or 
 who has been admitted to practise as an attorney, advocate or 
 solicitor in any of her Majesty's superior courts of law therein 
 who produces sufficient evidence of such call or admission and 
 testimonials of good character and of good standing in the law 
 society of the country or province of which he is a barrister, 
 attorney, advocate or solictior to the satisfaction of the 
 benchers of the law society of the Territories and who having 
 complied with such rules as the law society of the Territories 
 or the benchers thereof may make imder the provisions of this 
 Ordinance has been enrolled as a member of the said law 
 society of the Territories: 
 
 Provided that if an advocate of the Territories on applying 
 for call or admission as a barrister, solicitor, advocate or attor- 
 ney in England, Scotland, Ireland or any such province would 
 ^r might be required to pass any examination before such call 
 or admission it shall be competent for the law society of the 
 Territories or the benchers thereof to impose a like requirement 
 on the application of any person from such country or province 
 for admission as an advocate of tTie Territories : 
 
 Provided further that if an advocate of the Territories on 
 applying for call or admission as in the preceding proviso 
 mentioned would be required to reside in or serve under articles 
 in any such country or province for any certain period before 
 call or admission the law society of the Territories may require 
 prior residence or service in the Territories for the like period 
 on the part of any person from such country or province apply- 
 ing for admission as an advocate. C. 0- 51, s. 5; 1899, c. 8, 
 ss. 1 and 2 ; 1904, c. 4, s. 1. 
 
 ADV0CATE''S OATH. 
 
 6. Every persom before being admitted as an advocate shall Advocate's 
 make and subscribe the oath or affirmation following: 
 
598 
 
 LEGAL PEOFESSION 
 
 I, A.B., do solemnly swear (or affirm) that I will well and 
 truly and honestly demean myself as an advocate in the North- 
 West Territories according to the best of my knowledge, skill 
 and ability. So help me God. C. 0. 51, s. 6. 
 
 VISITORS OF SOCIETY. 
 
 Visitors 
 
 7. The judges of the supreme court of the North-West 
 Territories shall be visitors of the society. C. O. 51, s. 7. 
 
 BEWCHEES. 
 
 enohers g^ rpj^^ ^^^^ society shall be governed by the benchers thereof 
 
 who (exclusive of ex officio members) shall consist of nine of 
 the members of the society at least one of whom shall be chosen 
 from the eligible persons resident in each judicial district of 
 the Territories. C. O. 51, s. 8. 
 
 Bx officio 
 benchers 
 
 9. The Attorney General of Canada for the time being, the 
 Attorney General of the Territories for the time being and all 
 advocates of the Territories who have at any time held the 
 office of attorney general of the Territories and any retired 
 judge of the supreme court shall respectively ex officio be 
 benchers of the society. C. O. 51, s. 9. 
 
 Benchers to 
 hold ofiioe for 
 three years 
 
 10. The elected henchers shall hold office for three years 
 from the first day of January following their election or until 
 their successors are appointed. '1900, c. 14, s. 1. 
 
 Election to be 
 on first 
 Monday of 
 November 
 
 11. Elections of henchers shall he held on the first Monday 
 of Novemher in the year 1909 and on the first Monday of 
 Novemher every third year thereafter. 1900, c. 14,' s. 2. 
 
 Qualification 
 of voters 
 
 13. Each duly enrolled advocate of the Territories resident 
 therein and not otherwise ineligible may at an election of 
 benchers vote for nine persons one of whom at least shall be 
 chosen from the members in each judicial district respectively, 
 C. 0. 51, s.- 12. 
 
 List of voters 
 to be 
 published 
 
 13. At least six weeks prior to the holding of the election 
 the secretary shall make out a list of the advocates who are 
 entitled to vote at such election and a copy of such list shall be 
 transmitted by post by the secretary to each clerk and deputy 
 clerk of the supreme court and such clerk or deputy clerk 
 shall forthwith on the receipt thereof post such list in a con- 
 spicuous place in his office. C. O. 51, &. 13. 
 
LEGAL PEOFESSION 599 
 
 14. In case any advocate complains to the secretary at least '^i'':'"^«tion 
 one month before the election, of the improper omission or" 
 insertion of any name on the list it shall be the duty of the 
 secretary forthwith to examine into the complaint and rectify 
 such error if any there be ; and in case any person is dissatis- 
 fied with the decision of the secretary he may within one week 
 thereafter appeal to a judge of the supreme court who shall 
 summarily try and decide the. questions involved and the list 
 shall remain or be altered in accordance with the decision of 
 the judge. C. O. 51, s. 14. 
 
 lo. ISTo person whose name is not inserted in the said lisf^otersumst 
 shall be entitled to vote at such election. C. 0. 51, s. 15. 
 
 16. In the event of any elector placing more than nine Void votes 
 names on his voting paper it shall not be counted. C. O. 51, 
 s. 16. 
 
 I'''- ISTo person shall be eligible as a bencher at any election Qualification 
 who is not an advocate and qualified to vote at such election."' ^^'^^^^^ 
 C. O. 51, s. 17. 
 
 18. At all elections retiring benchers shall be eligible for Retiring 
 re-election. C. O. 51, s. 18. eligible 
 
 19. No person shall be entitled to vote unless all his fees voter must 
 to the society have been paid. C. O. 51, s. 19. . '^"^^^^ 
 
 20. The votes at each election shall be given by closed Manner of 
 voting papers in form A in the scehdule to this Ordinance (or 
 
 to the like effect) being mailed by registered post to the secre- 
 tary or delivered to him at his office so as to be in his hands on 
 the day of election before the hour prescribed for opening the 
 voting papers. C. O. 51, s. 20. 
 
 21. The said voting papers shall at the hour of eleven Counting 
 o'clock in the forenoon on the day of election be opened by 
 
 the secretary in the presence of any of the persons entitled to 
 vote who may attend'; and the secretary shall then scrutinise 
 and count the votes and keep a record thereof. C. O. 51, s. 21. 
 
 22. The following members shall be declared by the secre- Persons to be 
 
 a '' declared 
 
 tary to be elected benchers : elected 
 
 1. The member receiving the highest number of the votes 
 cast for the members residing in the judicial district wherein 
 he resides. 
 
600 
 
 LEGAL PEOFESSIOX 
 
 2. Such of the persons, not included in the above, receiving 
 the highest number of the total votes cast at the election as 
 may be necessary to complete the number of benchers to be 
 elected. C. O. 51, s. 22. 
 
 Equality 
 of votes 
 
 33. In case of an equality of votes between two or more 
 persons which leaves the election of one or more of such 
 benchers undecided then the secretary shall forthwith put into 
 a ballot box a number of papers equal to the number of the 
 candidates who have an equality of votes, the said papers each 
 having the name of a candidate written thereon being one 
 paper for each candidate. The papers shall be so folded that 
 the name thereon shall be inside and not distinguishable with- 
 out the papers being opened. The papers shall be mixed 
 together in the box and the secretary shall draw by chance from 
 such ballot box in presence of such persona as may be present 
 one or more of such papers sufficient to make up the required 
 number and the persons whose names are upon such papers so 
 drawn shall be such benchers. C. O. 51, s. 23. 
 
 Notice of 
 election 
 
 Rules for 
 elections 
 
 24. The secretary shall forthwith after the election notify 
 the benchers elect of their election and cause the names to be 
 published in the gazette. C. 0. 51, s. 24.- 
 
 35. The benchers may make such regulations as they con- 
 sider expedient not contrary to the provisions of this Ordinance 
 for regulating the procedure as to election of benchers. C. 
 O. 51, s. 25. 
 
 Voting papers 
 to be preserved 
 
 Disputed 
 elections 
 
 36. The voting papers belonging to any election shall not 
 be destroyed until after all petitions in respect to such election 
 have been decided but the same shall together with all other 
 papers in conection with the election be retained by the secre- 
 tary. C. 0. 51, s. 26. 
 
 37. In the event of any dispute as to the election of benchers 
 the same may be decided in a summary way by any judge of 
 the supreme court upon petition presented within ten days 
 from the declaration of the result. The decision of the judge 
 shall be final and the costs of the petition shall be in his discre- 
 tion. The judge shall in and about such petition have the like 
 powers as in an ordinary cause in the supreme court. C. 0. 
 51, s. 27. 
 
 False voting 38. N"o person shall sign the name of any other person to 
 any voting paper under this Ordinance or alter or add to or 
 
LEGAL PKOFESSIO:^! 601 
 
 falsify or fill up any blank in any voting paper signed by 
 another person or deliver or cause to be delivered to the secre- 
 tary any such false voting paper or any voting paper which 
 has been added to or falsified or in which any blank has been 
 filled up after the same was signed. C. O. 51, s. 28. 
 
 39. In the event of there being no secretary (for the time abse^iei°o/'"^ 
 being) of the law society at the time at which any election ^'"^''^'^^'■y 
 under this Ordinance is to be held or in the event of such secre- 
 tary being unable from illness or other unavoidable cause to 
 act at such election then and in such case the president for the 
 time being of the law society and if there be no president then 
 the attorney general of the Territories shall appoint under his 
 hand some other person to act as such secretary and such person 
 so appointed shall perform all duties of such secretary 
 prescribed by this Ordinance. C. O. 51, s. 29. 
 
 30. In case of failure in any instance to elect the requisite J^^'bench^pg, 
 number of benchers according to the provisions of this Ordin- 
 ance or in case of any vacancy caused by the death or resigna- 
 tion of any bencher or by any other cause the remaining or 
 continuing benchers may appoint to the vacant place or places 
 
 any person or persons duly qualified under the provisions of 
 this Ordinance to be elected bencher or benchers and the person 
 or persons so appointed shall hold office for the residue of the 
 period for which the other benchers have been elected : , 
 
 Provided that any such vacancy shall be filled from among 
 the persons eligible resident in the judicial district in which 
 the bencher whose place has become vacant resided. C. 0. 51, 
 s. 30. 
 
 OFFICEKS OF SOCIETY. 
 
 31. The officers of the society shall consist of a president, officers oif 
 
 ^ society 
 
 vice president, secretary and treasurer. C. O. 51, s. 31. 
 
 BEN-CIIEKS'' POWEES. 
 
 33. The benchers may from time to time make rules and Rules and 
 
 , , bylaws 
 
 bylaws : 
 
 1. For the government of the said society and other purposes 
 connected therewith : 
 
 2. For regulating and prescribing the qualifications, manner 
 of study and examinations of students of law and the require- 
 ments preliminary to their being admitted as advocates and for 
 regulating the admission and enrolment of advocates ; 
 
602 
 
 LEGAL PEOFESSION 
 
 3. For fixing the fees payable to the society for admission 
 and enrolment of students of law and advocates respectively : 
 
 Provided that the fee for admission and enrolment as an 
 advocate payable! by any student at law in the Territories shall 
 not exceed $100 ; 
 
 4. For fixing the fees payable annually by each advocate 
 and for other fees incidental to the society ; 
 
 5. For the striking off the roll and suspension from prac- 
 tice of any advocate for nonpayment of fees due to the society 
 and for the reinstatement of such advocate i^pon such terms as 
 the benchers may see fit ; 
 
 6. For the reporting of legal decisions. C. 0. 51, s. '6-Z. 
 
 FUNDS OF SOCIETY. 
 
 Fees, etc. 33. AH fees, dues and subscriptions payable under the pro- 
 
 visions of this Ordinance shall be the property of the society 
 and shall be paid to the treasurer of the society. C. 0. 51, 
 s. 33. 
 
 Custody 
 ©(funds 
 
 34. The funds of the society shall be deposited by the treas- 
 urer to the credit of the society in a chartered bank and shall 
 be v;ithdrawn only by cheque signed by the treasurer and 
 countersigned by the president of the society or (in his absence 
 from the Territories) by one of the benchers. C. 0. 51, s. 34. 
 
 Expenditure 
 of society 
 
 oil. The fxmds of the society shall be disbursed and appro- 
 pi-iated under the direction of the benchers in payment of the 
 necessary expenses of the society. C. 0. 51, s. 35. 
 
 Purchase 
 of libraries 
 
 Borrowing 
 powers 
 
 36. Subject to the approval of the visitors of the society the 
 benchers may expend such portion of the funds of the society 
 as are not required for the ordinary purposes thereof in the 
 establishment of or addition to law libraries for the general 
 use of the members at such points in the Territories as they 
 may deem proper. 
 
 (2) The benchers may also pass iylaws from time to time 
 providing for the hoiroiring of money at a rate of interest ndt 
 exceeding six per cent, per annum for the purpose of the estab- 
 lishment of or addition to law libraries for the general use of 
 the members at such points in the Territories as tliey may deem 
 proper; and for the issuing of debentures (with coupons 
 attached for the instalments payable thereunder) for the 
 amount proposed to be borrowed with interest as aforesaid: 
 
LEGAL PROFESSION 603 
 
 Provided that the amounts borrowed under the provisions of 
 this subsection shall at no time exceed in the aggregate the sum 
 of $15,000 cDnd tho/t the sime. shall he made repayable in con- 
 secutive annual instalments, either in such manner that arn 
 equal amount of the principal together with the total intterest on 
 )the principal c-r balance of principal remaining due shall be 
 payable in each year for the period during which the debenture 
 is to run or in such manner that the aggregate- amount payable 
 for principal and interest in any year shall be equal (as nearly 
 as may be) to what is payable for principal and interest during 
 each of th e othe^jears of such period : 
 
 And provided That the period during which the debenture is 
 to run shall not exceed twenty years from the duie of the deben- 
 ture. 
 
 (3) No bylaw passed under the provisions of the next pre- 
 ceding subsection shall be valid unless and until it shall have 
 been assented to in writing by a majority of the visitors of the 
 society for the time being; and such- assent shall he conclusive 
 evidence that all the formalities necessary to the passing of 
 such bylaw have been complied luithj and that the loan pro- 
 posed to be made under the authority thereof is one which the 
 society may lawfully mahe. 
 
 (4) Every debenture issued under the foregoing provisions 
 shall constitute a specific charge upon all the law libraries 
 owned by the society at the time of the issue thereof or there- 
 after acquired and upon the gross annual income of the society 
 received from members of the society for annual certificates. 
 
 (5) Such debentures shall be under the common seal of the 
 society and shall he signed by the president or vice president 
 and the treasurer of the society. 
 
 (6) No purchaser of any such debentures shall be bound to 
 inquire as to the application of the money borrowed thereon. 
 
 (7) Any municipality may invest by the purchase of .any of 
 such debentures any part of the moneys held by it to the credit 
 of a sinking fund account which it can laiufully invest by the 
 purchase of Dominion Government securities, school or muni- 
 cipal debentures ; and any trustee, executor or administrator 
 may invest by the purchase of any such debentures any part of 
 the moneys in his hands luhich he can otherwise lawfully invest. 
 C. 0. 51, s. 36 and 1901, c. 18, s. 1. 
 
 DISCIPLISTAEY. 
 
 37. AH advocates shall be officers of the supreme and other Advocates 
 
 . . ^ officers of 
 
 civil courts of the Territories ; and the supreme court and any court 
 
604 
 
 LEGAL PKOFESSION 
 
 Assisting 
 unauthorised 
 , persons 
 to practise 
 
 Nonresident 
 iiol 1,0 practit 
 in name of 
 resident 
 advocate 
 
 judge thereof shall possess and may exercise the same powers 
 and jurisdiction over and in respect of such advocates as at the 
 time of the passing hereof is possessed by the supreme court of 
 judicature in England over and in respect of solicitors of the 
 said last mentioned court. C. O. 51, s. 3/. 
 
 38. No advocate shall wilfully and knowingly act as the 
 professional agent of any person not duly enrolled and qualified 
 to act as an advocate or suffer his name to be used in any such 
 agency on account of or for the profit of an unqualified person 
 or send any process to such person or do any oth^v act to enable 
 such person to practise in any respect as an acfvocate, knowing 
 him not to be duly qualified. C. 0. 51, s. 38. 
 
 g 38a. No advocate not being a resident of the Territories 
 shall ask for, demand, receive or take directly or indirectly any 
 moneys by way of advocates' fees, counsel fees, solicitors' fees, 
 notarial fees, conveyancers' fees, agency fees, division of fees, 
 commission, previous or subsequent allowance or deduction or 
 otherwise for any work done or services rendered by or in the 
 name of any advocate resident in the Territories; and for the 
 purposes of this section the act of any partner or employee of 
 any advocate not being a resident of the Territories shall be 
 deemed to be the act of such advocate. 1904, c. 4, s. 2. 
 
 Suspension 
 and dis- 
 qualification 
 of advocates 
 
 39. If upon application at the instance of the benchers or 
 any person concerned and supported by affidavit made to a 
 judge it shall prima facie appear that an advocate has been 
 guilty of professional miscondtict or of conduct unbe(Coming 
 an advocate or for default by him in payment of moneys 
 received by him as an advocate or has been guilty of such mis- 
 conduct as would in England be sufficient to bring a solicitor 
 under the punitive powers of the supreme court of judicature 
 or has been guilty of any breach of the provisions of this Ordin- 
 ance or of any rule or bylaw passed under the provisions hereof 
 the judge shall by summons call upon such advocate to answer 
 the facts and itpon the return of the summons hear the com- 
 plainant and advocate and any evidence adduced by them; and 
 if the judge finds the complaint well foimded he may direct 
 that such advocate be suspended and disqualified from practis- 
 ing as such until the end of the then next sittings of the court 
 en banc; and in the event of making such order shall report the 
 evidence and proceedings on such application and his judg- 
 ment thereon to the court en banc at such sittings and the court 
 en banc shall thereupon consider such evidence and proceedings 
 and may hear the parties or their counsel in the same manner 
 
LEGAL PEOFESSION 605 
 
 as if s\ich application had originally been made to the court en ' 
 banc and may order that the name of such advocate be struck 
 off the roll of advocates or may suspend such advocate from 
 practising for such period as may be considered proper': 
 
 Provided that the judge instead of directing the suspension 
 and disqualification to practise of such advocate as aforesaid 
 may refer the matter to be dealt with by the court en banc at 
 its next sitting. C. O. 51, s. 39. 
 
 40. In case either a report or reference is made to the court Notice of 
 
 i . proceedings 
 
 en banc under the preceding section or in case an application ^|'J.'^4\es 
 is made to the court en banc to strike an advocate off the roll or 
 to suspend him from practising, such court or a judge (before 
 such report, reference or application to strike off is heard or 
 dealt with) may order that notice of the proceedings be given 
 by the applicant to the secretary of the society and to such 
 other person or persons as the court or j udge may think proper ; 
 and the person or persons so notified may appear in person or 
 by advocate on such application. C. 0. 51, s. 40. 
 
 41. Whenever any advocate is struck off the roll of advo- ^"po^slon 
 cates or suspended from practising the registrar of the supreme J^J^'^'oU '"^ 
 court or the clerk of the court (if the suspension is by a single 
 judge) shall certify the same under his hand and the seal of the 
 
 court to the secretary of the society who shall file such certifi- 
 cate and shall make a note opposite the name of such person on 
 the said roll of his having been struck off the sauie or Suspended 
 (as the ease may be) and in case of susjiension of the time of 
 such suspension. C. O. 51, s. 41. 
 
 41a. Anv advocate who has been convicted of a felony may Advocates 
 
 ^ 7 7 !■ I- convicted 
 
 be struck off the roll of advocates or suspended from practice oi teiony 
 by resolution of the benchers. 1904, c. 4, s. 3. 
 
 43. Upon an advocate being struck off the roll as aforesaid Eff«°t of^„_ 
 all his rights and privileges as an advocate shall cease and etc 
 determine or in case he is suspended he shall during the period 
 of his suspension possess no rights or privileges as an advocate 
 and notice of his being struck off the roll or suspended shall 
 forthwith be given by the secretary to the judges of the 
 supreme court. C^ O. 51, s. 42. 
 
 43. The supreme court en banc may on application made Reinstatement 
 for that purpose and when in the opinion of such court the 
 subsequent conduct of the advocate and the facts warrant it 
 order the name of any advocate struck off the roll to be restored 
 
606 LEGAL PEOFESSIOX 
 
 thereto upon such terms as to the payment of money or other- 
 wise as the court may direct; and in such case the registrar- 
 shall certify the same under his hand and the seal of the court 
 to the secretary of the society who shall file such certificate and 
 make a note opposite the name of such person on the said roll 
 of his having been restored thereto. 
 
 SpUcatfonfor (^) ^^otice of fcuch application shall be given to the secre- 
 
 reinstatement ^g^j,y ^f ^^le society and such Other person or persons as the 
 
 court or a judge on ex parte application may direct and the- 
 
 persons so notified may in person or by advocate appear and 
 
 oppose or consent to such application: 
 
 Provided that before being entitled to be restored to the roll 
 hereunder such person whose name is sought to be restored shall 
 pay all arrears of fees due by him to the society including the 
 fees for the period which has elapsed since he was struck off 
 the roll. C. 0. 51, s. 43. , 
 
 student 44. Whenever a person being a student serving imder 
 
 improper articles shall be found by the benchers after due inquiry to 
 have been either before or after the coming into force of this 
 Ordinance guilty of professional misconduct or conduct unbe- 
 coming a student of law or of having contravened any of the 
 provisions either of this Ordinance or of any amending Ordin- 
 ance it shall be lawful for the benchers to strike the name of 
 such student from the books of the society ; but any decision of 
 the benchers to strike off the name of any student shall be sub- 
 ject to appeal to a judge of the supreme court. C. 0. 51, s. 44, 
 and 1899, c. 8, s. 3. 
 
 Unauthorised 45. jj^ (>^gg ^-^j person (imlcss himself a plaintiH or defen- 
 practising dant in the proceeding) commences, prosecutes or defends in 
 his own name or that of any other person any action or pro- 
 ceeding in any court of civil jurisdiction in the Territories or 
 acts as counsel or advocate in any such action or proceeding 
 without being enrolled as aforesaid he shall be incapable of 
 recovering any fee, reward or disbursement on account thereof ; 
 and such person shall be deemed guilty of a contempt of the 
 court in which such proceeding has been commenced, carried 
 on or defended and punished accordingly and the party offend- 
 ing may be proceeded against for such contempt before thq 
 supreme court en banc or any judge thereof sitting in cham- 
 bers. C. 0. 51, s. 45. 
 
 Institution of 46. The bcnchers may institute or authorise the institution 
 by°benoher8 of any proceedings under this Ordinance for any breach of its 
 * provisions. C. O. 51, s. 46. 
 
LEGAL PEOFESSION 
 
 DELH^EKY AXD TAXATION OF BILLS OF COSTS. 
 
 607 
 
 47. No advocate nor anv executor, admini&tiaior or assignee Delivery of 
 
 , in" • ■ • -J. advocate's bill 
 
 01 any advocate snali commence or maintain any action or suit before action 
 for the recovery of any fees, charges or disbursements for any 
 business done by an advocate as such until the expiration of 
 one month after such advocate, his executor, administrator or 
 assignee shall have delivered unto the party to be charged 
 therewith or sent by the post or left for him at his house, office 
 of business or last known place of abode, a bill of such fees, 
 charges and disbursements, which bill shall either be sub- 
 scribed with the proper hand of such advocate or of his execu- 
 tor, administrator or assignee (or in case of a partnership by 
 one of the partners either with his own name or with the name 
 or style of such partnership) or be inclosed in or accompanied 
 by a letter subscribed in like manner referring to such bill. 
 C. O. 51, s. 47. 
 
 48. Upon the application of the party chargeable by such ^/ff f^jjl,""^ 
 bill within such month the supreme court or a judge thereof °"«'"™'''' 
 shall (without money being brought into court) refer the bill 
 
 and the demand thereon to be taxed by the proper officer of the 
 court for the judicial district in which any of the business 
 charged for in the bill was done and the court or judge making 
 such reference shall restrain the bringing any action for such 
 demand pending the reference. C. 0. 51, s. -18. 
 
 49. In case no application is made within such month then Taxation 
 
 ^ ^ ^ after month 
 
 the court or judge upon the application of either party may 
 order a reference with such directions and conditions as he 
 may deem proper ; and may upon such terms as may be 
 thought just restrain any action for such demand pending the 
 reference. C. O. 51, s. 49. 
 
 50. Xo such reference shall be directed upon application Taxation 
 
 '• . after one year 
 
 made by the party chargeable with such bill alter a judgment or aiter^^ 
 has been obtained or after twelve months from the time such 
 bill was delivered, sent or left as aforesaid except under special 
 circumstances to be proved to the satisfaction of the court or 
 judge to whom the application for the reference is made. C. 
 O. 51, s. 50. 
 
 51. In case either party to such reference having due notice ^^.|'t'J^^' 
 refuses or neglects to attend the taxation the officer to whom 
 
 the reference is made may tax the bill ex parte; and in case the 
 reference is made upon the application of either party and the 
 
608 
 
 LEGAL PEOFESSION 
 
 Order for 
 reference 
 
 party chargeable with the bill attends the taxation the costs of 
 the reference shall, except as hereinafter provided for, be paid 
 according to the event of the taxation, that is to say, if a sixth 
 part is taxed off the costs shall be paid by the party by whom 
 or on whose behalf such bill was delivered and if less than a 
 sixth part is taxed off then by the party chargeable with such 
 bill if he applied for or attended the taxation. C. 0. 51, s. 51. 
 
 53. Every order for such reference shall diiect the officer to 
 whom the reference is made to tax the costs of the reference 
 and to certify what upon the reference he finds to be due to or 
 from either party in respect of such bill and of the costs of the 
 reference if payable. C. O. 51, s. 52. 
 
 fircumdtances ^^' ^uch officer may certify specially any circumstances 
 relating to the bill or taxation and the court or judge may 
 thereupon make such order as may be deemed right respecting 
 the payment of the costs of taxation. C. O. 51, s. 53. 
 
 Costs 54. j^ (.^se the reference is made when the same is not) 
 
 authorised except under special circumstances as hereinbefore 
 provided the court or judge in making the same may give any 
 special directions relative to the costs of the reference. C. 0. 
 51, s. 54. 
 
 Delivery of 
 bill and 
 documents 
 
 Proof of 
 delivery 
 of bill 
 
 55. ^Yhere no bill has been delivered, sent or left as afore- 
 said and where the bill if delivered, sent or left might have 
 been referred as aforesaid the supreme court or a judge thereof 
 may order the delivery of a bill and may also order the delivery 
 up of deeds or papers in the possession, custody or power of the 
 advocate, his assignee or representatives in the same manner 
 as has heretofore been done in cases where any such business 
 had been transacted in the said court. C. O. 51, s. 55. 
 
 56. In proving a compliance with this Ordinance ic shall 
 not be necessary in the first instance to prove the contents of 
 the bill delivered, sent or left but it shall be sufficient to prove 
 that a bill of fees, charges or disbursements subscribed in the 
 manner aforesaid or inclosed in or accompanied by such letter 
 as aforesaid was delivered, sent or left in manner aforesaid; 
 but the other party may show that the bill so delivered, sent or 
 left was not such a bill as constituted a io7ia fide compliance 
 with this Ordinance'. C. O. 51, s. 56. , 
 
 immedinte 57. A judge of the Supreme court on proof to his satisfac- 
 
 srtvocate's tion that there is probable cause for believing that the party 
 
 chargeable is about to quit the Territories may authorise an 
 
LEGAL PEOFESSION 609" 
 
 advocate to. commence an action for the recovery of his fees, 
 charges or disbursements against the party chargeable there- 
 with although one month has not expired since the delivery of a 
 bill as aforesaid. C. O. 51, s. 57. 
 
 58. "Where any person not being chargeable as the principal Taxation on 
 party is liable to pav or has paid anv bill either to the advocate, of person not 
 
 , . " ' principal 
 
 his assignee or representative or to the principal party charge- 
 able therewith, the nerson so paying, his assignee or represen- 
 tative may make the like application for a reference thereof to 
 taxation as the party chargeable therewith might himself have 
 made and in like maimer; and the same proceedings shall be 
 had thereupon as if the application had been made by the party 
 so chargeable. C. O. 51, s. 58. 
 
 59. In case such , application is made when under the V^'^^'^^r^amsteiDces 
 visions hereinbefore contained a reference is not authorised to 
 
 be made except under special circumstances the court or judge 
 to whom the application is made may take into consideration 
 any additional special circumstances applicable to the person 
 making it although such circumstances might not be applicable 
 to the party chargeable with the bill if he was the party making 
 the applicati^m. C. O. 51, s. 59. 
 
 60. For the purpose of such reference upon the application ^^^^^'^^ 
 of the person not being the party chargeable or of a party inter- 
 ested as aforesaid the court or judge may order the advocate, 
 
 his assignee or representative to deliver to the party making 
 the application a copy of the bill on payment of the costs of the 
 copy. C. O. 51, s. 60. 
 
 61. Xo bill previously taxed shall be again referred unless Relaxation 
 imder the special circumstances of the case the court or judge 
 
 to whom application is made thinks fit to direct a relaxation 
 thereof. C. O. 51, s. 61. 
 
 63. The payment of any such bill as aforesaid shall in no Taxation after 
 case preclude %he court or judge to whom application is 
 made from referring such bill for taxation if the application is 
 made within twelve months after payment and if special cir- 
 cumstances in the case in the opinion of the court or judge , 
 appear to require the same, upon such terms and subject to 
 such directions as to the court or judge seem right. 0. 0. 51, 
 s. 62. 
 
 63. All applications made to refer any bill to be taxed or styieofj^^ 
 for the delivery of a bill or for the delivering up of deeds. 
 
610 LEGAL PEOFESSIOX 
 
 documents and papers shall be made "In the matter of (such 
 advocate) ;" and upon the taxation of any such bill the certifi- 
 cate of the officer by Avhom the bill is taxed shall unless set 
 aside or altered by order of a judge or by decree or order of 
 court be final and conclusive as to the amount thereof ; and pay- 
 paymei"^ ment of the amount certified to be due and directed to be paid 
 may be enforced according to the practice of the said court. 
 C. 0. 51, s. 63. 
 
 SCHEDULE. 
 
 FORM A. 
 
 Voting Papee. 
 
 law society of the xoeth-west teeeitoeies. 
 
 Election of benchers, 1 
 I, of in the 
 
 North-West Territories, advocate, do hereby declare: 
 
 1. That the signature hereto is my proper handY7riting ; 
 
 2. That I now reside at ; 
 
 3. That I vote for the following persons as benchers of the 
 Law Society: 
 
 A.B., of the 
 
 C.D.^ of the 
 
 E.F., of the 
 
 G.H.J of the 
 
 J .K., of the 
 
 L.M., of the 
 N.O.J . of the 
 
 P.Q., of the 
 
 B.S., of the 
 
 4. That I have signed no other voting paper at this election ; 
 
 5. That this voting paper was executed on the day of the 
 date thereof. 
 
 Witness my hand this day of A.D. 
 
 C. 0. 51. 
 
LEGAL PEOFESSIO^T 611 
 
 LEGAL PROFESSION 
 
 AMEXDiXENT. 
 
 An Ordinance to amend Chapter 1:1 of The Consoli-if^ «•?,•„,„„ 
 
 1 . -t /^ f __,,-^,v-' 29 April 1899 
 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Legal Profession and the Law 
 Society of the Territories." 
 
 [Assenled to April 29, 1899.] 
 
 rriHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. 3. and 3. * * * * » * * * .^ .v. 
 
 4. The benchers of the society may grant to any person 'benchers may 
 (possesed of educational qualifications equal to those required as studenL in 
 
 J. T _e T ■ T ^T^ • ■ certain cases 
 
 01 a student 01 law m the 1 erritories on his enrolment as such) 
 who has been actually engaged in the study of law * * * 
 in any part of her Majesty's dominions, a status as a student 
 of law in the Territories but not greater than his status in the 
 coimtry in which he had previously been a student of law and 
 on such conditions as to undergoing examinations as the 
 benchers may in each case decide. 1899, c. 8, s. 4, amended 
 by 1904, c. 4, s. 5. 
 
 5. Any person who wilfully or falsely pretends or holds Falsely 
 himself out to be an advocate of the Territories duly enrolled as advocate 
 aforesaid, or takes, assumes or uses any name, title, addition 
 
 or description other than such as he actually possesses and is 
 legally entitled to, or implying or calculated to lead people to 
 infer that he is an advocate so duly enrolled, or that he is 
 recognised by law as an advocate or lawyer qualified and 
 entitled to practise or do business as such within the Terri- 
 tories, or in any way publishes or advertises himself as such, 
 shall be guilty of an offence and on summary conviction thereof 
 shall be liable to a penalty not exceeding $100. 1899, c. 8, s. 5. 
 
 6. In any prosecution under the said Ordinance or any onns of 
 amending Ordinance the burden of proof as to enrolment and prosecutions 
 qualification under the said Ordinance shall be upon the person 
 accused. 1899, c. 8, s. 6. 
 
 7. All penalties imposed and recovered under the said DisrosiUon 
 Ordinance or any amending Ordinance shall belong to the law 
 society and form part of the funds thereof. 1899, c. 8, s. 7. 
 
612 
 
 LEGAL PROFESSION 
 
 LEGAL PROFESSION. 
 
 AJIEXDirENT. 
 
 IfNov'iMs'^An Ordinance to amend Chapter 51 of The Consoli- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Legal Profession and the Law 
 Society of the Territories." 
 
 [AssenfecZ to November 21, 1903.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 Admission of 1. The Law Socicty may make rules and regulations for the 
 
 advocates in.. '/■ iii ■ ^ 
 
 special cases admission as advocates oi persons other than those mentioned 
 in section 5 of The Legal Profession Ordinance provid(ed that 
 no such person shall be admitted unless he is a British subject 
 and has been admitted to practice as a legal practitioner in 
 some province, state or country and has passed such examina- 
 tion, if any, and served such time, if any, and paid such fees as 
 the Law Society may prescribe. 
 
 LEGAL PROFESSION. 
 
 AilEXDMEXT. 
 
 1904 c. 4 
 8 Oct, 1904 
 
 An Ordinance to amend Chapter 51 of The Consoli- 
 dated Ordinances iSqS, intituled "An Ordinance 
 respecting- the Legal Profession and the Law 
 Society of the Territories.'' 
 
 \_Assented to October 8, 190Jt.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 Subsection 1 
 flection 5 
 amended 
 
 1. Subsection 1 of section 5 of The Legal Profession Ordin- 
 ance is hereby amended by striking out both provisos thereto : 
 
 Provided that this section shall not take effect until the first 
 day of July, 1906. 
 
 3. and 3. 
 
 4. Wherever in the said Ordinance the word "province'' 
 
 "Province" 
 
 Includes i 
 
 "Yukon" occurs, it shall be taken to include the Yukon Territory. 
 
 5. 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
LEGISLATIVE ASSEMBLY (513 
 
 LEGISLATURE. 
 
 See COTs^TEOVEETED ELECTIOTfS: 
 ELECTIONS. 
 LEGISLATIVE ASSEMBLY. 
 
 LEGISLATIVE ASSEMBLY. 
 
 Principal Ordinance revised CO. iSgS, c. ^.amended. 
 Amending Ordinance ^903, sess. 2, c. 2. 
 
 An Ordinance respecting the Legislative Assembly of fs^iSW 
 the Territories. 
 
 rriHE Lieutenant Governor by and with the advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 LEGISLATUEE. 
 
 1.* * * * * * * * * 
 
 QUOKUM. 
 
 3. The quorum required for the transaction of business in Quorum 
 the Legislative Assembly shall be ten, of whom the speaker may 
 be one. C. O. 2, s. 2. 
 
 SPEAKEE AXn DEPUTY SPEAKER, 
 
 3. The Legislative Assembly may elect a deputy sueaKer ; Deputy 
 
 o J J i, J L 1 speaker 
 
 and whenever the speaker from illness or other cause finds it 
 necessary to leave the chair during any part of the sitting of ^"y®^^*""^ ' 
 the House on any day he may call upon the deputy speaker (or 
 in his absence upon any member of the House) to take the chair 
 and act as speaker during the remainder of such day unless the 
 speaker himself resumes the chair before the close of such sit- 
 ting of that day ; and the deputy speaker or member so called 
 upon shall take the chair and act as speaker av;cordingly ; and 
 any Ordinance passed and every order made and thing done by 
 the said Legislative Assembly Avhile such deputy speaker or 
 member is acting as speaker as aforesaid shall be valid and 
 effectual to all intent^ and purposes as if done while the speaker 
 himself was presiding in the chair. C. O. 2, s. 3. 
 
 4. Whenever the House is informed by the clerk at the table Absence 
 of the unavoidable absence of the speaker, the deputy speaker 
 
 (if present) shall take the chair and shall perform the duties 
 
614 
 
 LEGISLATIVE ASSEMBLY 
 
 and exercise the authority of speaker in relation to all the pro- 
 ceedings of the House until the meeting of the House on the 
 next sitting day and so on from day to day on the like informa- 
 tion being given to the House until the House otherwise orders. 
 C. 0. 2, s. 4. 
 
 Absence of 
 speaker and 
 deputy 
 
 speaker 
 
 Actfl done In 
 absence of 
 speaker 
 
 Votes on 
 questions in 
 Assembly 
 
 5. Whenever the House is informed by the clerk at the 
 table of the unavoidable absence of both the speaker and the 
 deputy speaker, it shall be lawful for the said Assembly to 
 elect a member to take the chair and act as speaker for that 
 day. C. 0. 2, s. 6. 
 
 6. Every Ordinance passed and every order made and thing 
 done by the said Assembly while such deputy speaker or mem- 
 ber is acting or presiding as speaker as aforesaid shall be as 
 valid and effectual to all intents and purposes as if done while 
 the speaker himself was presiding in the chair. C. O. 2, s. 6. 
 
 7. Questions arising in the Legislative Assembly shall be 
 decided by a majority of voices other than that of the speaker 
 or acting speaker; and when the voices are equal (but not 
 otherwise) the speaker or acting speaker shall have a vote. C. 
 
 0. 2, s. 7. 
 
 Speaker's 
 allowance 
 
 8.1 An allowance of $500 shall be payable to the speaker of 
 the Legislative Assembly for each session of the Legislature, 
 C. 0. 2, s. 8. 
 
 VACATING OF SEATS. 
 
 Resignation 
 of members 
 
 In House 
 
 To speaker 
 
 To two 
 members 
 
 9. Any member of the Legislative Assembly may vacate his 
 seat therein in the manner herein provided : 
 
 1. He may openly in his place in the Legislative Assembly 
 declare his w'ish to vacate his seat as a member; and in such 
 case the clerk of the Legislative Assembly shall record the 
 same in the journals and the seat of such member shall be 
 forthwith vacated ; or 
 
 2. He may deliver to the speaker a statement in writing 
 under his hand and attested by two witnesses declaring his 
 resignation of such seat ; upon a receipt whereof by the speaker 
 (whether during a session of the Assembly or not) the seat of 
 
 'such member shall become vacant. C. 0. 2, s. 9. 
 
 10. If any member of the Legislative Assembly wishes to 
 resign his seat (whether during or before any session or in the 
 interval between two sessions of the Assembly) and there be 
 
LEGISLATIVE ASSEMBLY 615 
 
 then no speaker or such member be the speaker he may address 
 and cause to be delivered to any two members of the Legis- 
 lative Assembly a statement in writing under his hand attested 
 by two witnesses declaring his resignation of such seat; and 
 upon the receipt thereof by such two members the seat shall 
 become vacant. C. O. 2, s. 10. 
 
 11. The speaker or such two members as the case may be issue of writ 
 
 • - 111 • . . -,■,-,„ to fill vacancy 
 
 upon receiving such declaration or resignation shall lortuwith 
 address his or their warrant under his or their hand and seal 
 or hands and seals to the clerk of the Executive Council for the 
 issue of a new writ for the election of a member m the place of 
 the member so notifying his intention to resign and such writ 
 shall issue accordingly. Cl O. 2. s. 11. 
 
 13. Upon any vacancy in the representation ux any electoral X?;™"fv7 
 district created by death or in any way other than by resigna- resignation 
 tion any two members of the Legislative Assembly may give 
 notice of the vacancy to the clerk of the Executive Council and 
 require the issue of a writ to fill the same : 
 
 Provided that in case such vacancy shall occur subsequently 
 to a general election and before the first meeting of the Legis- 
 lative Assembly thereafter such notice and requisition to the 
 clerk of the Executive Council may be given by two members 
 elect of the said Legislative Assembly of whose election the 
 said clerk as such shall have had due notice ; and such notice 
 and every such notice and requisition given under this section 
 shall be submitted forthwith after its receipt by the said clerk 
 to the Lieutenant Governor; and upon its return by him to 
 the said clerk indorsed as approved the necessary proceeding 
 shall be taken in pursuance thereof as in the case of a warrant 
 imder the next preceding section. C. 0. 2, s. 12. 
 
 13. 'No member elect to the Legislative Assembly shall be Resignation 
 
 !• 1 • /-> !• not allowed 
 
 permitted to resign under the provisions of this Ordinance so p^JJ.^J^k 
 long as any proceedings are pending under any of the provi- proceedings 
 sions of The Territories Elections Ordinance nor until he has 
 been finally declared elected. C. 0. 2, s. 13. 
 
 14. The resignation of a member shall in no way affect the ^«t^iK°^*|^°JJ 
 conduct or result of any proceedings taken under the provisions proceedings 
 of any Ordinance of the Territories respecting controverted 
 elections. ■ C. O. 2, s. 14. 
 
 14a. No person who having been a memier of the Legisla- 
 tive Assembly, has resigned his seat therein, shall ivithin such 
 
616 
 
 LEGIST.ATIVE ASSEilBLY 
 
 No person portion cf the term for which he was elected as shall at the 
 resigning sea ^^^^ ^^ ^^^^ resignation remain unexpired he appointed to, 
 to office^ hold or enjoy any offite, commission or employment under the 
 Government of the Territories to luhich any salary or remuner- 
 ation is attached. 1899, c. 2, s. 1. 
 
 INDEMNITY TO MEMBEES. 
 
 Member's 
 indemnity 
 
 15. In each session of the Legislative Assembly there shall 
 be allowed and payable to each member attending such session 
 an allowance of $500 and no more: 
 
 Provided always a deduction at the rate of $10 per day shall 
 be made from the said sessional allowance for every day on 
 -which the member does not attend a sitting of the House or of 
 some committee thereof provided the House sits on such day; 
 but each day during the session (after the first and before the 
 last day on which the member attends as aforesaid) on which 
 there has been no sitting of the House in consequence of its 
 having adjourned over such day or on which the member was 
 prevented by sickness from attending,- any such sitting as afore- 
 said shall be reckoned as a day of attendance at such session. 
 C. O. 2, s. 15. 
 
 How paid jg^ rpjjg g^j^ compensation may be paid from time to time 
 
 as the member becomes entitled to it to the extent of $10 for 
 each day's attendance as aforesaid, but the remainder shall be 
 retained by the Territorial treasurer until the close of the ses- 
 sion when the final payment shall- be made. C. 0. 2, s. 16. 
 
 Member for 
 only part 
 of session 
 
 17. If any member be elected and take his seat in the 
 Assembly after the commencement of the session or if during 
 the session any member cease to be a member, he shall be 
 entitled to the regular sessional allowance subject to a deduction 
 of $10 per day for each day of the session before taking his 
 seat or after he ceased to' be a member or both as the case may 
 be. C. 0..2, s. 17. 
 
 Jxpenses"^ ^^' There shall he allowed to each memher five cents for 
 
 each mile of the distance hetireen the nearest railiray station to 
 the place of residence of such memher and the place at which 
 the session is held rechoninr/ such distance going and coming 
 according to the shorted railivay route together with' his actual 
 travelling expenses hetween his place of residence and such 
 railway station when such distance is greater than five miles. 
 1903, Sess. 1, c. 4, s. 1. 
 
LEGIST.ATiyE ASSEMBLY 617 
 
 19. The sum due to every member at the close of a session declaration of 
 
 ■' amount due 
 
 shall be calculated and paid to him on his making and siffning forindemnitr 
 
 '^ ■ o o o and expenses 
 
 before the clerk of the Legislative Assembly or a justice of the 
 peace a solemn declaration to be kept by the Territorial trea- 
 surer showing: 
 
 (a) The number of days on which he has attended the 
 session ; 
 
 (b) The number of days (if any) for which a deduction 
 from the amount of his sessional allowance has to be 
 made under any preceding section of this Ordinance ; 
 and 
 
 (c) The amount of his actual travelling expenses as deter- 
 mined and certified by the speaker. C. O. 2, s. 19. 
 
 EXAMINATION OF A WITNESS. 
 
 20. The Legislative Assembly may at all times command Attendance 
 
 11 T ii-ij 11 ir" "' witnesses 
 
 and compel the attendance before the Assembly or before any 
 committee thereof of such persons and the production of such 
 papers and things as the Assembly or committee may deem 
 necessary for any of its proceedings or deliberations. C. 0. 
 2, s. 20. 
 
 21. Whenever the Legislative Assembly reqiiires the atten- speaker's 
 
 " ^ ./I warrant or 
 
 dance of any person before the said Assembly or before a com- subpoena 
 mittee thereof, the speaker may issue his warrant or subpoena 
 directed to the person named in the order of the Legislative 
 Assembly requiring the attendance of such person before the 
 Legislative Assembly or a committee thereof and the production 
 of such papers and things as may be ordered. C. 0. 2, s. 21. 
 
 OATHS TO WITNESSES. 
 
 22. Any standing or select committee of the Legislative ^^'^amination 
 Assembly may require the facts, matters and things relating to 
 
 the subject of inquiry to be verified or otherwise ascertained by 
 the oral examination of witnesses and may examine such wit- 
 nesses upon oath and for that purpose the chairman or any 
 other member of the committee may administer to any witness 
 an oath or affirmation in form A or form B of schedule 2 
 appended to this Ordinance. 0. O. 2, s. 22. 
 
 SCHEDULE 1. 
 
GIS 
 
 LEGISLATIVE ASSEMBLY 
 
 SCHEDULE 2. 
 
 FOKM A. 
 
 The evidence you shall give on this examination shall be the 
 truth, the whole truth and nothing but the truth. So help you 
 God. 
 
 EOKM B. 
 
 You do solemnly, sincerely and truly afSrm and declare that 
 the evidence you shall give on this examination shall be the 
 truth, the whole truth and nothing but the truth. C, 0. 2. 
 
 LEGISLATIVE ASSEMBLY. 
 
 1903 eess. 2, o. 2 All 
 21 Nov. 1903 
 
 AMENDMENT 
 
 Ordinance to amend Chapter 2 of The Consoli- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Legislative Assembly of the 
 Territories." 
 
 [Assented to November 21, 190S.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 !• Sections Y, 8, 9, 11 and 13 of chapter 19 of the Statutes 
 of Canada of 1888 and section 18 of chapter 17 of the Statutes 
 
 Ss. 7, 8, 9, 11 
 
 and 12 o. 19 
 
 Statules of 
 Canada 1888 
 
 statutes°of'' ^' '^" 1894 as that section is enacted by section 9 of chapter 28 of 
 1894 repealed ^-jje Statutes of 1S9Y are hereby repealed. 1903, Sess. 2, c. 2, 
 s. 1. 
 
 S. 2. 0. 2 
 Ordinance of 
 1902 repealed 
 
 2. Section 2 of chapter 2 of the Ordinances of 1902 as 
 amended by section 2 of chapter -i of the Ordinances of 1903 
 (first session) is hereby repealed. 1903, Sess. 2, c. 2, s. 2. 
 
 Section 7 
 confirmed 
 
 3.1 Section 7 of A71 Ordinance respecting the Legislative 
 Assembly cf the Territories is hereby confirmed. 1903, Sess. 
 2, c. 2, s. 3. 
 
 Who may vote 
 for members 
 of Assembly 
 
 4. The persons entitled to vote at an election for the Legis- 
 lative Assembly shall be the male British subjects by birth or 
 naturalisation (other than unenfranchised Indians) who have 
 attained the full age of twenty-one years, who have resided in 
 
LEGISLATIVE ASSEMBLY 619 
 
 the Territories for at least twelve months and in the electoral 
 district for at least the three months respectively immediately 
 preceding the time of voting. 1903, Sess. 2, c. 'l, s. -l. 
 
 5. Any male British subject by birth or nattiralisation shall f^^eiSn'*' 
 be eligible for nomination and election. 1903, Sess. 2, c. 2, 
 
 s. 5. 
 
 6. Members of the Leg&lative Assembly shall take and sub- uken'by ^ 
 scribe before the Lieutenant GoVernor or before such person as ™®™^®" 
 is designated Ly the Lieutenant Governor in Council the fol- 
 lowing oath of allegiance : 
 
 "I, A.B., do swear that I will be faithful and bear true 
 allegiance to his Majesty, his heirs and successors." 1903, 
 'Sess. 2, c. 2, s. 6. 
 
 7. The Legislative Assembly on it-s first assembling after a ^f'^^l^^^ 
 general election shall proceed with all practicable speed to elect 
 
 one of its members to be speaker. 
 
 (2) In case of a vacancy happening in the oifice of speaker Jfnce°oT'" 
 by death, resignation or otherwise the Legislative Assembly speaker 
 shall proceed with all practicable speed to elect another of its 
 members to be speaker. 
 
 (3) The speaker shall preside at all meetings of the Legis- Speaker to 
 lative Assembly. 1903, Sess. 2, c. 2, s. Y. 
 
 8. ISTo person except the persons hereinafter mentioned who ^^[1?"^ „ 
 shall hold any office or place of profit under the Government or 5^0^'^^°^^^^ 
 who shall be in any manner employed in the public service of 
 
 the Territories for salary, wages, fees or emolument shall sit or 
 vote in the Legislative Assembly ; and the election of any such 
 person to be a member of the Legislative Assembly shall be null 
 and void but nothing in this section shall be construed to apply 
 to the speaker or deputy speaker of the Legislative Assembly. 
 1903, Sess. 2, c. 2, s. 8. 
 
 9. ISTotwithstanding the provisions hereinbefore contained it Membera of 
 
 ° -"^ ,. . ,■ Executive 
 
 shall be lawful for the Lieutenant Governor from time to time Council 
 
 -,-, J- -i ■ holding office 
 
 to.appoint any number of oificers who shall be capable ot "'^^g ^f^^^j^g^iiflgd 
 elected members of the Legislative Assembly and of sitting and 
 voting therein: 
 
 Provided always that such officers shall be members of the 
 Executive Council. 1903, Sess. 2, c. 2, s. 9. 
 
 10. Until such appointments as aforesaid have been made Certain 
 
 ,,,. , „ J. -i.j! officers 
 
 the persons for the time being holding the offices ot president of quaiifled 
 
620 
 
 LEGISLATIVE ASSEMBLY 
 
 the council, attorney general, Territorial treasurer, Territorial 
 secretary, commissioner of education, commissioner of public 
 works and the commissioner of agriculture shall be capable of 
 sitting and voting in the Legislative Assembly. 1903, Sess. 2, 
 c. 2, s. 10. 
 
 Seat not to be 
 vacated by 
 ministers 
 changing 
 offlce 
 
 11. Where a person has been elected a member of the Legis- 
 lative Assembly since his appointment as an officer capable of 
 being elected a member of the Legislative AssemDly the subse- 
 quent acceptance by him from the Crown of an appointment as 
 any such officer in lieu of and in immediate succession the one 
 office to the other shall not vacate his seat. 1903, Sess. 2, c. 2, 
 s. 11. 
 
 Pereons 
 interested in 
 contract with 
 Government 
 not to be 
 member 
 
 13. 'So person who shall either directly or indirectly be con-- 
 cerned or interested in any bargain or contract entered into by 
 or on behalf of the Government or who shall participate or 
 claim to be entitled to participate either directly or indirectly 
 in ,the profit thereof or in any benefit or emolument arising 
 from the same shall sit or vote in the Legislative Assembly and 
 the election of any such person to be a member of the Legisla- 
 tive Assembly shall be absolutely null and void. 1903, Sess. 2, 
 c. 2, s. 12. 
 
 Member 13. If any member of the Legislative Assembly shall either 
 
 becoming .,.,, ., .,. 
 
 interested in directlv or mdirectlv become concerned or interested m any 
 
 contractor / -^ iini-ciz-i 
 
 accepting bargain or contract entered into by or on behalf of the (jovern- 
 
 offlce of ° . . 1 . T -11 
 
 emolument to ment or shall participate or claim to be entitled to participate 
 
 vacate seat ti • t i-i n ^ i- • 
 
 whether directly or indirectly m the profit thereof or m any 
 benefit or emolument arising from the same or shall accept any 
 office or place of emolument under the Government or shall in 
 any character or capacity for or in expectation of any fee, gain 
 or reward perform any duty, transact any business or do any- 
 thing whatsoever for or on behalf of the Government his seat 
 shall thereupon be vacant. 1903, Sess. 3, c. 2, o. 13. 
 
 Certain 
 
 contracts 
 
 excepted 
 
 14. ISTothing hereinbefore contained shall apply to any bar- 
 gain or contract entered into by or with any company where 
 such bargain or contract shall be entered into for the general 
 benefit of such company or to any lease, sale or purchase of any 
 land or to any agreement for any such lease, sale or purchase 
 of any building or land or for the loan of money or to any 
 
 security for the payment of money only. 
 
 s. 14. 
 
 1903, Sess. 2, c. 2, 
 
 Penalties 15. ^jjy person who shall wilfully offend against any of the 
 
 provisions vhereof shall forfeit and pay for every such offence 
 
LIMITATIOX OF ACTIONS 621 
 
 the sum of rat less than $100 and not more than $500 on con- 
 viction thereof in a summary way before two justices of the 
 peace. 1903, Sess. 2, c. 2, s. 15. 
 
 LIENS. 
 
 See KEEPERS OF HOTELS AND BOARDING HOUSES. 
 LIEN NOTES. 
 
 LIENS ON LAND FOR TAXES. 
 mechanics" LIENS. 
 
 threshers' liens. 
 LIENS ON LAND FOR TAXES. 
 
 See IRRIGATION. 
 
 LOCAL IMPROVEMENT. 
 VILLAGES. 
 
 LIMITATION OF ACTIONS. 
 
 An Ordinance respecting Limitation of Actions inp.o isos csi 
 
 ■ri • r^ lo March, 1899 
 
 Certain Cases. 
 
 rriHE Lieutenant Governor by and with the advice and 
 -■- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1- All actions for recovery of merchants' accounts, bills, Actions on 
 notes and all actions of debt grounded upon any lending or contracts 
 other contract without specialty shall be commenced within six 
 yeais after the cause of such action arose. C. 0. 31, s. 1. 
 
 3. The provisions of The Real Property Limitation -A-ct The^Reai 
 187 Jf., being chapter 57 of the Statutes of the Imperial Parlia- ^^ff^'-°V' 
 ment, passed in the thirty-seventh and thirty-eighth years of '"'o^oe 
 her ]\Iajesty's reign, are hereby declared to be in force and to 
 have been in force in the Territories since the passing thereof. 
 C. O. 31, s. 2. 
 
 3.) No right to the access and use of light or any other ease- Title by 
 ment, right in grcss or profit a prendre shall he acquired by any etc. 
 person by prescription and no such right shall be deemed to 
 have been so acquired prior io the coming into force of this 
 Ordinance. 1903, Sess. 2, c. 7, s. 1. 
 
622 
 
 LIQUOR LICEXSE 
 
 LIQUOR LICENSE. 
 
 Principal Ordinance revised 
 Aniendmerif .... .... 
 
 Amendment .... ... 
 
 Amednment .... . . . . 
 
 CO. i8q8, c. 8, passed 
 jgoo, K. 32 
 igoi, c. jj 
 igoj, sess. 1, c. 26 
 
 fsMS'isgl An Ordinance respecting the Sale of Intoxicating 
 Liquors and the Issue of Licenses Therefor. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SnOET TITLE. 
 
 Short title j^_ TWx?, Ordinance may be cited as "J'/^e Liquor License 
 
 Ordinance." C. 0. 89, s. 1. 
 
 INTEEPKETATIOIf. 
 
 n erpre a ion g^ j^ .^.j^^^ Ordinance and in the schedules thereto the words 
 and expressions following shall, imless such interpretation be 
 repugnant to the subject or inconsistent with the context, be 
 construed as follows : 
 
 "Board" 
 
 'District" 
 
 'Hou.'^e- 
 holder" 
 
 "Dwelling 
 house" 
 
 ''Justice" 
 
 "Hotel 
 license" 
 
 "Licensee" 
 
 1. "Board" means the board of licence commissioners ; 
 
 2. "District" means a licence district- 
 
 3. "Householder" means: 
 
 (a) The owner or owners of any house or place of busi- 
 ness not actually occupied by any other person under 
 lease for a year or any longer term ; 
 
 (h) The tenant or tenants in actual occupation of any 
 house or place of business under a lease for a year or 
 any longer term. Husband and wife living together 
 shall not be considered as separate householders but 
 the husband shall be deemed the householder ; 
 
 4. "Dwelling house" means an actual separate dwelling with 
 a separate door for ingress and egress; 
 
 5. "Justice" means a justice of the peace; 
 
 6., "Hotel licence" means and includes every licence granted 
 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. "Licencee" means a person holding a licence under this 
 Ordinance ; 
 
LIQUOR LICENSE 62,3 
 
 8. "Person" includes every member of a firm and the ser- "Person" 
 vant, ofSce holder, agent of a company, association or body of 
 persons Avhether incorporated or not ; 
 
 9. "Licensed premises" means the premises in respect of pJ^J^^£||'' 
 which a licence 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 spiri- "LiqScrs" 
 tuous and malt liquors and all combinations of liquors and 
 drinkable liquors which are intoxicating ; 
 
 11. "Public bar" or "bar" means and includes any room, ;;p^W'<= bar- 
 passage or lobby in any licensed premises into which the public 
 
 may enter and purchase liquors ; 
 
 12. "Inspector" means a licence inspector appointed by the "inspector" 
 Jjieidenant Governor in Council under the provisions of this 
 Ordinance J 
 
 13. "Sale by retail" means the sale of a quantity, not to "Sa'.e by 
 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 Terri- 
 tories ; 
 
 15. "Judge" means a judge of the supreme court usually "Judge" 
 exercising jurisdiction in the judicial district in which thei 
 licence district (or the greater portion thereof) is situate. C. 
 
 0. 89, s. 2; amend, by 1900, c. 32, s. 2. 
 
 EXCEPTIONS FEOM APPLICATION OF OEDINANCE. 
 
 Application of 
 
 3. Xothing in this Ordinance shall apply : uSted"'^ 
 
 1. To manufacturers of native wine from fruits grown and Manufao- 
 produced in Canada and who sell such wines in quantities of natirl wine 
 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 licence as auctioneer selling Auctioner^^^ 
 
 liquor at public auction : of^nsoivent *" 
 
 Provided that the liquor being sold forms part of an insol- debtor's estate 
 vent debtor's estate and is named in the inventory thereof and 
 offered for sale under instructions from the creditor or credi- 
 tors 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 licence ; 
 
624 
 
 LIQUOR LICEXSE 
 
 Sale of beer 
 in N.W.M.P. 
 canteens 
 
 Judicial sales 
 
 Bona fide 
 transfer 
 witli license 
 
 Within 
 60 days after 
 expiration of 
 licence 
 
 Death of 
 licensee 
 
 Mess of 
 militia 
 
 3. To the sale of beer in any canteen of the Xorth-West 
 Mounted Police established under proper authority ; such sale 
 to be restricted to members of the "Xorth-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, hy a licencee of his stocTc of liquors in 
 conjunction with a sale and transfer of his interest under the 
 licence; 
 
 6. To a bona fide sale to a licencee or licencees by a person 
 who has been 'the holder of a licence at any time within sixty 
 days after his licence has ceased to be in force; 
 
 7. To a bona fide sale to a licencee hy the personal represen- 
 tative of a deceased licencee at any time ivithin 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 mem- 
 bers of the militia cf Canada. C. O. 89, s. 3 ; amend, by 1901, 
 c. 55, s. 1, and 1904, c. 14, s. 1. 
 
 LICENCE DISTEICTS. 
 
 License 
 districts 
 
 4. The Lieutenant Governor in Council shall establish dis- 
 tricts for the purposes of this Ordinance to be called licence 
 districts and may from time to time alter and redefine the 
 same; and the licence districts when so established and when 
 altered shall be announced by proclamation in The North-}Yest 
 Territories Gazette. C. 0. 89, s. 4. 
 
 LICEN-CE COinilSSIOK'EES. 
 
 Board of 5. There shall be a board of licence commissioners to be 
 
 I1C6TISG 
 
 commissioners composed of three persons to be appointed from time to time 
 by the Lieutenant Governor in Council for each licence district 
 and each of them shall cease to hold oflice on the thirtv-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 may be reappointed and the said otlice 
 shall be honorary and without any remuneration except that 
 such commissioners may be allowed for their travelling and 
 other expenses while attending meetings of the board the sum 
 of $5 per day and their actual railway fare or expenses for 
 horse hire and each of such boards may elect one of their num- 
 ber to act as chairman and one to act as secretarv. 
 
LIQUOR LICEXSE 625 
 
 (2) Every commissioner shall forthwith after his appoint- <^ith ot 
 ment and before performing any of the duties of his office take commissioners 
 and subscribe the following oath or affirmation: 
 
 I (name in full) do hereby solemnly swear (or affirm) that 
 I will faithfully perform my duty as a licence commissioner for 
 licence district number . So help me God. 
 
 Sworn (or affirmed) before me, A.B., at 
 in the Xorth-West Territories this 
 day of ■ " A.D. 1 
 
 J.P., or etc., etc. 
 
 [In the case of an affirmation the words "So' help me God" 
 shall he omitted.'] 
 
 (3) The said oath or affirmation shall be forthwith returned 
 by the commissioner to the attorney general. C. 0. 89, s. 5, 
 amend, by 1900, c. 32, s. 1. 
 
 LICENCE INSPECTOES. 
 ^, * * * ****** 
 
 "• • The Lieutenant Governor in Council may appoint one or Appointment 
 
 T . . ,, -,. T • f 1 m • "' license 
 
 more licence inspectors lor any licence district or tor the lerri- inspectors 
 tones and shall fix their salaries or fees and prescribe their 
 duties. C. O. 89, s. T. 
 
 8. It shall be the duty of every inspector from time to time inspectors to 
 
 ^ . . . visit licensed 
 
 when directed by the attorney general to visit and inspect evety gj^"®? Y*^®" 
 licensed place within the district and to report forthwith to 
 him every case of infraction of the provisions of this Ordin- 
 ance ; 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. C. O. 89, 
 s. 8 ; amend, by 1900, c. 32, s. 1. 
 
 9^ * * * * * * * * * 
 
 10. In case any person gives to the inspector information inspector 
 justifying the prosecution of any person for qifences against j^';fc™.ation^^ 
 this Ordinance it shall be the duty of the inspector to lay the 
 information in his own name and prosecute. C. O. 89, s. 10. 
 
 11. The council of any city, toivn or rural municipality orinc<^voxa.teA^^ 
 the ratepayers cf any village at the annual meeting or at any maTs^^voint 
 special meeting called for that purpose may appoint an inspec- 
 
62C 
 
 LIQUOE LICENSE 
 
 tor or inspectors of licences who shall have all the powers con- 
 ferred hy 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 muni- 
 cipality or village one-half of any fine recovered through such 
 conviction. 1900, c. 32, s. 5. 
 
 LICENCES. 
 
 Form of 
 license 
 
 Wholesale 
 license 
 
 Wholesale 
 license limited 
 
 13. Licences shall be either : 
 (a) "Hotel" or 
 (&) "Wholesale." 
 
 (2) Licences shall be signed by the attorney general and 
 shall be in form F appended hereto. 
 
 (3) Under a -wholesale licence the licences may sell and dis- 
 pose of liquors in the warehouse, store, shop or place dehned 
 in the licence in quantities of not less than one-half gallon in 
 each cask or vessel and in case of such selling by wholesale as 
 in respect of bottled ale, beer, porter, wine or uuner fermented 
 or spirituous liquors each such sale shall be in quantities not 
 less than one reputed quart bottle or two reputed pint bottles 
 and liquors thus sold shall not be consumed in or upon the house 
 and premises in respect of which the licence is granted : 
 
 Provided that in case of any conviction against a wholesale 
 licencee for allowing liquors to be consumed in or upon such 
 house or premises such licencee shall absolutely forfeit his 
 licence or licences and no new licence shall thereafter be 
 granted to such licencee in the licence district in which such 
 licensed premises are situate : 
 
 Provided further that in incorporated cities and towns no 
 business other than a liquor business and the sale of cigars and 
 tobacco shall be carried on upon the premises covered by such 
 wholesale licence. C. 0. 89, s. 12 and 1900, c. 32, s. 1. 
 
 License may 
 issue in 
 name of 
 
 13. Licences may be issued in the name of a copartnership 
 Copartnership when two or more persons are carrying on business in the same 
 name but a separate licence shall be required in every separate 
 place of business of such firm. 
 
 (2) A licence granted to any firm or partnership shall with- 
 out 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 part- 
 nership. 
 
 Dissolution 
 of partnership 
 
LIQUOR LICENSE 627 
 
 (3) Each member of a licensed partnership shall be liable to Bach member 
 the penalties imposed against licencees for breach of the provi- "' '*™ '"''"* 
 sions of this Ordinance. 
 
 (4) For the purposes of the consequences cf any conwciio?! Effect o( con- 
 
 j ±1 ■ /-> J ■ ■ I ■ ■ , viction against 
 
 under this Urdinance a conviction against any person who is a jpember of 
 member of a licensed partnership whether made while he is a 
 member of such partnership or prior thereto shall have the awme 
 ■effect as if such conviction had been against each member cf the 
 said partnership. 
 
 (5) No licence shall be granted in the name of one mem&er No licence to 
 ■only of a partnership and any licence so granted shall be void. &™ ^'^° 
 C. O. 89, s. 13 ; amend, by 1903, Sess. 1, c. 26, s. 1. 
 
 14. Any incorporated company may become a licencee orincorporated 
 licencees in any district under the provisions of this Ordinance herame'' '°^'' 
 and in such cases all acts required under the provisons of this ""^"^'''' 
 Ordinance to be done by any person as licencee whether prior 
 
 to or after the granting of a licence may be done in the name officer or 
 of the company by the officer or agent of the said company in 
 charge of the particular premises for which the licence is to be 
 or shall have been granted, who personally shall be liable as 
 lieencee as well as said company in respect of the offences and 
 penalties under this Ordinance. 0. O. 89, s. 14, amend. 1900, 
 c. 32, s. 6. 
 
 15. * -^ ***** * 
 
 16. Any keeper of a dining hall situated within fifty feet Jj'oens^a'^*" 
 of the lines of railway may pbtain a dining hall licence for the 'orbeei- 
 sale of beer only and shall pay therefor the sum of $100 to the 
 Territorial treasurer ; such licences shall expire on the thirtieth 
 
 day of June in, each year : 
 
 Provided that where any such licence is granted the premises 
 being within the limits of an incorporated city or town the( 
 licencee may by bylaw be required to pay to such incorporated 
 city or town such a sum not exceeding $100 as it may deter- 
 mine. C. O. 89, s. 16. 
 
 1'7. Any railway company may obtain a special licence from special license 
 the attorney general to sell wine, ale, beer and spirits on any company 
 dining car attached to a train upon the line of their railway 
 and shall pay therefor the sum of $100 to the Territorial trea- 
 surer; such licences shall expire on the thirtieth day of June 
 in each year. 
 
628 LIQUOR LICENSE 
 
 (2) The general provisions of this Ordinance as to applica- 
 tions for licences and the proceedings thereon shall not apply 
 in the case of applications for licence under this or the preced- 
 ing section. C. 0. 89, s. 17. 
 
 hotenS'ses ^^- I^ any incorporated city containing a population of 
 three thousand or over, additional hotel licences may be issued 
 to two restaurants and in any incorporated city containing a 
 population of two thousand or over, an additional hotel licence 
 may be granted to one restaurant and the board may dispense 
 with hotel qualifications for that purpose but the restaurants so 
 licensed shall be subject to the other provisions contained in 
 this Ordinance regarding hotel licences and the iiolders of such 
 licences shall be subject to the provisions herein contained 
 concerning hotel licences : 
 
 Provided that no licences shall be issued to restaurants where 
 the municipal council has notified the board protesting against 
 the issue of such licences. 
 
 of^rafe^^'yers ^^) ^'^ ®^^^ licence shall be granted until the premises have 
 been inspected and found to contain a suitable dining room, 
 kitchen and necessary appliances, and until a certificate has 
 been filed with the inspector signed by ten resident ratepayers 
 assessed on the last assessment roll for $1,200 or upwards cer- 
 tifying that in their opinion said restaurant is desirable for the 
 purpose of providing meals for the public, and the inspector 
 shall see that meals are furnished for the public during the 
 existence of said licence. C. O. 89, s. 18. 
 
 aiicenle'on'iy ^^' S^-^l^Ject to the provisions of this Ordinance as to 
 named'therein removals and the transfer of licences every licence for the sale 
 of liquors shall be held to be a licence 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 busi- 
 ness there carried on. C. O. 89, s. 19. 
 
 pe'S"""'^ ^^" ^° licence shall be granted to any person declared in 
 ineligible pursuance of this Ordinance to be a disqualified person during 
 the continuance of such disqualification ; any licence issued to 
 a person so disqualified shall be void. C. O. 89, s. 20. 
 
 orT,^plclo?"" ^1- No licence shall be granted under the provisions of this 
 license "*"'*'" Ordinance to or for the benefit of any person who is a licence 
 
 commissioner or licence inspector and any licence so issued 
 
 shall be void. C. O. 89, s. 21. 
 
LIQUOR LICEI^SB 629 
 
 33. ISTo licence shall be issued imder the provisions of this Premises 
 
 I. . . . . owned by 
 
 Ordinance for premises within any district of which a member or^^'loto"*"^ 
 of the board or the inspector of such district is the owner. C. not licensed 
 O. 89, s. 22. 
 
 33.. No licence shall he qranted to any married woman who No license to 
 
 _ ^ ^_ ^ , married 
 
 is not a licencee at the time of the coming into force of this women 
 Ordinance. 1903, Sess. 1, c. 26, s. 3. 
 
 34. Every licensed hotel shall contain in addition to what ^s ^"^ation"™' 
 required for the use of the licencee, his family and servants ihv, 
 number of hedrooms following, that is to say: 
 
 (a) In cities and towns at least twenty; 
 
 (h) In villages at least ten ; 
 
 and in every case a suitable complement of bedding and furni- 
 ture. 
 
 (2) Every licensed hotel shall have two public sitting rooms 
 separate and distinct from the bar room. 
 
 (3) The foregoing subsections shall not apply in the case of 
 hotels for which a licence is in force or recommended by the 
 board of licence commissioners at the passing of this Ordinance 
 until the first day of July, 1905, the provisions of the first and 
 second subsections of the said repealed section £Jf. remaining in 
 force in respect of such hotels until the said first day of July, 
 1905. 
 
 (i) Every licensed hotel shall be provided with suitable and 
 sufficient appointments and appliances for serving meals daily 
 to travellers. 
 
 (5) Every licensed 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 Tcept clean. 
 
 (7) The nonobservance of any of the provisions of this sec- 
 tion shall be deemed to be a violation by the licencee of such 
 provisions. 
 
 (8) Every licensed hotel shall be provided with suitable fire 
 escapes to be approved by the inspector and in places having a 
 fire brigade by the chief of such brigade. 1901, c. 31, s. 4 and 
 1904, c. 14, s. 2. 
 
630 
 
 LIQUOK LICENSE 
 
 Licenses 
 how issued 
 
 Meetings 
 of board 
 
 APPLICATION FOE LICENCE'. 
 
 35. Every licence shall be issued upon the recommendation 
 of the board except as herein provided. C. O. 89, s. 25. 
 
 26. The board shall sit during the month of May in each 
 year at such place and at such date as may be arranged and 
 notified to them by the attorney general to receive and dispose 
 of applications for licence and to hear and decide protests. 0. 
 0. 89, s. 26, and 1900, c. 32, s. 1. 
 
 Board may 
 
 adjourn 
 
 meeting 
 
 Board may 
 adjourn 
 meeting if 
 quorum not 
 present 
 
 Application 
 for licenses 
 
 27,. At such meeting the board may adjourn the hearing of 
 any application or any protest to any other place and time if 
 they see fit and as far as possible protests shall be tried in the 
 locality in whLca application for licence is made. 
 
 1^2) The boat- 1 may be called together at any time by the 
 a:forney gemral and the board may meet at any time of their 
 o^vn motion. 
 
 (3) If from any cause a majority of the board fails to be 
 present on the day fixed for the meeting or at any adjournment 
 of a meeting the said meeting or adjourned meeting shall stand 
 adjourned from day to day until a quorum shall be present to 
 hold such meeting. C. 0. 89, s. 27 and 1900, c. 32, ss. 1 and 7. 
 
 28. Every application for a licence shall be by petition (in 
 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 of the same it shall be the duty of the Territorial 
 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 licence in an incorporated city 
 or town. C. b. 89, s. 28 and 1900, c. 32, s. 1. 
 
 Advertiss- 
 raent of 
 applications 
 
 29. As soon as possible after the first day of April the attor- 
 ney general shall advertise by one insertion in a newspaper in 
 each locality for which applications (accompanied by said 
 receipt and recommendation (where required) have been 
 received by him or as near such locality as possible, a list of all 
 such applications received for such locality showing the name 
 of each applicant, description of licence applied for and the 
 place described with sufficient certainty together with a notice 
 
LIQUOE LICENSE 631 
 
 of the time and place of the meeting of the board to be held to 
 consider such applications; at least twenty-four days shall 
 intervene between the publication of the advertisement and the 
 date of such meeting; and a notice containing similar infor- 
 mation 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 licensed premises to be posted up in the post office ; 
 and the attorney general shall also send to an inspector a list of 
 all 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. C. 0. 89, s. 29 and 1900, 
 c. 32, s. 1. 
 
 30. The attorney general shall attach all the papers relating Paper? to 
 
 . . be s6ntj to 
 
 to each application together and transmit them together with a district 
 statement shewing 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 pngfj™ °''^" '° 
 in the hands either o^ the attorney general or district inspector inspection 
 shall be open to the inspection of the public. C. 0. 89, s. 30 
 and 1900, c. 32, s, 1. 
 
 31. After the meeting of the board the inspector shall return "papers 
 return the said papers to the attorney general with a certificate inspector 
 signed by at least the majority of the commissioners present at^VtmcTte ^ 
 the meeting showing whether the licence is recommended or not 
 
 and if not recommended stating the reasons. C. O. 89, s. 31 
 and 1900, c. 32, s. 1. 
 
 33. Upon receipt of the papers and certificates the o.'ttorney f^^^^^^^^ ^^ 
 general shall notify each successful applicant that he is required 1°^^^^^^^,^ 
 to send to the Territorial treasurer on or before the fifteenth ^■PP'i<"^"t 
 day of June : 
 
 (a) Where the premises to be licensed are within an Certificate 
 incorporated city or town which has provided by treasurer 
 bylaw for the payment of a municipal licence fee 
 under subsection 2 of section 46 hereof, a certificate 
 which shall be furnished free of charge from the 
 municipal clerk or treasurer of the payment of sucn 
 fee; 
 (&) The amount of the Territorial licence fee together Lic^ensetee^ 
 with five per cent, thereof in addition as a prosecu- Uon fund 
 tion fund. 
 
632 
 
 LIQUOE LIC'EXSE 
 
 Licenses 
 to be sent 
 
 (2) Upon receipt of said moneys and certificate (where 
 required) the Territorial treasurer shall sign a receipt in 
 duplicate 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 licence in form F appended hereto. C. 0. 89, 
 s. 32 and 1900, c. 32, s. 1. 
 
 fmher'times ^^' ^^7 persou desiring to obtain a licence at any other 
 time than as above provided may send to the Territorial trea- 
 surer his application and $10 as above provided ; the attorney 
 general upon receipt of the application and the Territorial 
 treasurer's receipt shall calculate the expense of calling the 
 board together, c/ inspection of the premises and of advertising 
 and shall notify the applicant that his application will not be 
 considered until the amount so estimated for the expense of 
 calling the board together, of inspection of the premises and of 
 advertising has been received by the Territorial treasurer;' 
 upon receipt of such amount by the Territorial treasurer the 
 attorney general shall arrange for the advertising of the appli- 
 cation, the inspection of the premises and the calling together 
 of the board at aF- early a day as possible to deal with the 
 application — provided that in case more than one application 
 is made at the same time to the same board the expense shall be 
 divided pro rata among the applicants but no licence shall be 
 granted to any person under the provisions of this section whose 
 application for a licence under section 28 hereof has been 
 rejected. C, 0. 89, s. 33, 1900, c. 32, s. 1 and 1901, c. 33, s. 3. 
 
 Application 
 for renewal 
 of license for 
 same 
 premises 
 
 34.. Any existing licencee may apply for the renewal of his 
 licence for the same premises for another term in which ease 
 the recommendation in form E shall not be required unless 
 since obtaining such recommendation he has been convicted of 
 an ofFence under this Ordinance. C. 0. 89, s. 34. 
 
 Fees 
 
 paid into 
 general 
 revenue fund 
 
 35. All licence moneys and fees payable under this Ordin- 
 ance shall be paid to the Territorial treastirer and shall go to 
 the general revenue fund. 
 
 (2) The amc-unt estimated by the attorney general for 
 expenses as provided in section 33 hereof when received shall 
 he deposited and retained in, a tru^t account until the actual 
 expenses incurred are ascertained tvhen the amount of such 
 actual expanses thall he paid to the persons entitled and the 
 balance if any shall be refunded to the applicant : 
 
 Provided that if the amount of the actual expenses when 
 ascertained should prove to be greater than the amount paid by 
 
LIQUOR LICENSE 633 
 
 the applicant for expenses as estimated the difference shall he 
 paid by the applicant to the Territorial treasurer forthwith 
 upon demand; and in the event of failure on the part of the 
 ■.applicant to pay the same within fifteen days after such 
 demand the same may he recovered as a deht at the suit of the 
 attorney general; and the licence if any of the applicant may 
 he suspended hy the attorney general until such payment is 
 made and in the meantime the actual expenses unprovided for 
 shall he paid out of the general revenue fund. C. O. 89, &. 35 
 and 1901, c. 33, s. 4. 
 
 36. Any seven or more out of the twenty householders Protests 
 residing nearest to the premises for which a licence is required 
 may by petition in form G appended to this Ordinance object 
 to the granting of such licence and the objections which may be 
 taken to the granting of a licence may be one or more of the 
 following : 
 
 (a) That the applicant is of bad fame and character or of ^*'^^*™« 
 drunken habits or has previously forfeited licence ; or 
 
 (h) That the premises in question are out of repair or P/emises out 
 
 , , . -11 of repair 
 
 have not the accommodation required by law or 
 reasonable accommodation if the premises be not sub- 
 ject 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 licence be 
 granted or for other valid reasons which may be 
 shown. 
 
 (2) The petition shall be transmitted to the Territorial Petition to 
 
 . . . I . , , . ^e sent to 
 
 treasurer accompanied with $10 m time for its receipt by him Territorial 
 
 . . J, , 1 -, treasurer 
 
 not 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 peti- 
 tion to the attorney general who forthwith shall transmit it to 
 the inspector for production at the said sitting of the board. 
 
 (3) The said sum of $10 shall be held in trust and in case protest fee 
 the protest is successful shall be returned to the person whose 
 
 name is first upon the petition. In case the protest is not sue- ^^oS ui'^ 
 "cessful the said sum of $10 shall be paid into the general 
 revenue fund. 
 
634 
 
 LIQUOE LICENSE 
 
 c™tsot (4) jj^i; any meeting of the hoard at which an adjournment 
 
 in order to consider any protest is asked hy or on behalf of any 
 persons protesting the board before fixing the day and place for 
 the hearing of such protest shall require the party ashing for 
 such adjournment to deposit with the board a sum of money 
 sufficient to cover the costs of such adjourned hearing and 
 iinless 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 unsuc- 
 cessful the costs 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. 
 
 (6) Such petition must be signed within the period of sixty 
 ^rior'to^recefp\ days immediately prior to the day it is so received by the trea- 
 surer and the justice or commissioner before whom the same is 
 signed shall certify the date upon which each person signs such 
 petition. C. 0. 89, s. 36 ; 1900, c. 32, s. 1 and 1904, c. 14, s. 3. 
 
 Writ I en 
 decision 
 
 Petition to 
 be signed 
 
 Whpre recom- 
 mendation 
 not required 
 
 Recommen- 
 dation to he 
 signed within 
 . 60 days prior 
 to receipt 
 
 Time for 
 application 
 
 37. A licence shall not be granted to any person to sell 
 intoxicating 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) After the first day of July, 1903, no application for a 
 new licence and after the fi-rst day of July, 190 J/., no application 
 for a renewal licence shall be entertained in respect of any 
 hotel or wholesale premises not situate in some city, town or 
 village, or some place containing not less than fifteen dwelling 
 houses within an area not greater than 1,280 acres. C. 0. 89, 
 s. 37, and 1903, Sess. 1, c. 26, s. 5. 
 
 ?at'ion'™Ttate ^^' Every recommendation and protest (forms B and G) 
 distances having reference to the granting of a licence shall have in addi- 
 tion 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. C. O. 89, s. 38. 
 
 Spliicaiions ^^' Every application for a licence and all protests if any 
 and protests against evcry such application shall be heard and determined 
 by the board in a summary manner. 
 
LIQUOR LICEIS'SE 635 
 
 (2) Every such hearing of an application or protest shall be^P^" to public 
 open to the public and every applicant for a licence shall attend 
 personally at such hearing unless hindered by sickness or 
 infirmity 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 summary con- 
 victions and orders and any one member of the board may 
 administer such oath. 
 
 (3) Every such hearing may at the discretion of the board -A-'^Jo^rnment 
 be adjourned from time to time. 
 
 (4) At all hearings under this Ordinance the individuals Powers 
 composing the board shall have the same powers as justices of 
 
 the peace. C. O. 89, s. 39. 
 
 40. On every application for a licence except for a whole- inspector's 
 
 '^ _ ^^ ^ ^ ^ ^ reports on 
 
 sale licence the inspector shall report in writing to the board ('5?^^^'^^°"^ 
 and such report shall contain : iicenges 
 
 1. A description of the house, premises and furniture ; 
 
 2. If the application be by a person who held a licence 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 licence ; 
 
 3. A statement of the number, position and distance from 
 the house in respect of which a licence 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 licence 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 licensed ; and 
 if not the owner of the premises whether he has a lease of such 
 premises for the term of the currency of the licence applied for; 
 
 7. A statement whether the persons signing the recommenda- 
 tion (form B) are in the opinion of the inspector ten out of the 
 twenty householders nearest to the building in which the busi- 
 ness proposed to be licensed is to be carried on. C. 0. 89, s., 
 40 and 1901, c. 33, s. 5. 
 
 41. In every application for a wholesale licence the inspector inspector's 
 shall report to the board in writing and such report shall ^ppucatlon 
 
 for wholesale 
 contain : licenses 
 
636 
 
 LIQUOE LICENSE 
 
 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 licence in ihei 
 same district during the preceding year a statement as to the 
 manner in which the business was conducted during the exist- 
 ence of the previous licence ; 
 
 3. A statement showing : 
 
 (a) Whether the applicant is or is not a fit and proper 
 person to have a licence and is known to be of good 
 character and repute ; 
 
 (b) 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) Whether 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. C. 0. 89, s. 41. 
 
 oibo^rd" • 4^- The report of the inspector shall be for the information 
 of the board who shall nevertheless exercise their own discre- 
 tion on each application. C. O. 89, s. 42. 
 
 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 
 inspector 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. 
 
 Persons 
 signing 
 protest may 
 be lieard 
 
 (3) Any person who is qualified to protest and has signed 
 a formal protest in form G hereto appended against the grant- 
 ing of a licence may be heard in relation thereto in person or 
 by attorney or agent. 
 
 (4) The council of any municipality may authorise any 
 be represented person to appear in a similar manner on behalf of the rate- 
 payers of such municipality as to the granting of a licence and 
 such person so authorised shall have a right to be heard before 
 the board against the granting of such licence. 
 
 Municipal 
 council may 
 
LIQUOK LICEIsSE 637 
 
 I 
 
 (5) No objection in respect of the character of any appli-,^,^^g'^^9y°f^ 
 cant shall be entertained nnless three days' written notice has ^" character 
 been given to the applicant and no protest need be noticed if 
 
 not made in accordance with this Ordinance. 
 
 (6) !No obiection from an inspector shall be entertained objection 
 
 ^ ^ *• ... . from inspector 
 
 unless the nature of the obiection shall have been stated in the to be stated 
 
 •' in report 
 
 report furnished to the board. ' 
 
 (7) [NTotwithstanding anything in this Ordinance contained J^'J^^^'^JJ^^y ^^ 
 the board may of its own motion whether a protest has been '>■"? o^'JeoUon 
 filed or not take notice of any matter or thing which in their 
 opinion would be an objection to the granting of a licence. In to'be notmed 
 any such case the board shall notify the applicant and shall 
 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 
 opportunity of answering the same. 
 
 (8) \Yhere the applicant for a hotel licence resides m a inspectors 
 
 I, , -,. . ii- report maybe 
 
 remote part of the district or when for any other reason the dispensed 
 board sees fit they may dispense with the report of the 
 inspector and act upon such information as may satisfy them in 
 the premises. C. 0. 89, s. 43. 
 
 44. The decision of the board when once announced bv the P®'''5''JP °? 
 
 • ^ board nnal 
 
 chairman shall not be questioned or reconsidered: provided 
 nevertheless that in cases where the person or persons affected f/heiring *°'' 
 by such decision petition the board and allege facts and grounds 
 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. When 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. C. O. 89, s. 4-i. 
 
 45. If an applicant for a licence has at any time teen Appiujant 
 refused a licence on the ground that he is not a fit person to f°l;'J'^^^^^ 
 hold a licence no application by such applicant if opposed shall ^t person 
 be entertained by any board within a period of two years of the 
 
 last of such refusals. C. O. 89, s. 45. 
 
 LICENCE FEES. 
 
 46. Every person to whom a licence to sell intoxicating License fee 
 liquor shall hereafter be granted shall before receiving such 
 licence be required to pay as a fee for such licence in addition 
 
G38 
 
 LIQtrOR LICENSE 
 
 Fee to city 
 or town 
 under bylaw 
 
 Bylaws to be 
 sent to chief 
 inspector 
 
 Duration of 
 
 Proportionate 
 part of annual 
 license fees 
 
 Village 
 license fee 
 
 to any fee required to be paid to the incorporated city or town 
 in which such licence has been or is required to be granted, the 
 following duties that is to say : 
 
 1. For each hotel licence, the sum of $200 ; 
 
 2. For each wholesale licence, the sum of $200 : 
 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 licence. 
 
 (2) Incorporated cities or towns that have appointed an 
 inspector or inspectors under the provisions of section 11 of 
 this Ordinance may by bylaw require each licencee to pay 
 towards their mimicipal revenue such sums as they may deter- 
 mine not exceeding the amount of the Territorial duty payable 
 on such licence and the attorney general shall in no case issue 
 a licence until he has received a certificate from the treasurer 
 or clerk of said municipality showing the amount of such fees 
 and that such sum has been paid; such bylaw and every sub- 
 stituted and amended bylaw shall be promptly certified and 
 forwarded to the attorney general and such bylaw shall con- 
 tinue in force until amended, altered or repealed, without being 
 re-enacted each year. 
 
 (3) In all cases where licences are taken out for a portion 
 only of the year the amount payable to the Territorial trea- 
 surer and to the incorporated city or town for licence 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 cf this Ordinance may hy resolution 
 passed alt the annual meeting or any special meeting called for 
 that purpose require each licencee to pay to the overseer for 
 the use of the village a licence fee not exceeding fifty dollars 
 which fee shall he paid and a receipt given therefor and the 
 same forwarded to the attorney general hefore the licence is 
 issued hy him hut until the attorney geyieral has heen furnished 
 with a certified copy of the resolution appointing a licence 
 inspector and the resolution fixing a licence fee such last men- 
 tioned resolution shall not be deemed to he effective. C. 0. 89, 
 s. 46 ; 1900, c. 32, ss. 1 and S, and 1903, Sess. 1, c- 26, s. 6. 
 
 SECTJEITT. 
 
 Bonds by 
 licensees 
 
 47. Before any licence is issued the person applying for the 
 same shall enter into a bond to his Majesty in the sum of $500 
 with two good and sufiicient sureties to be approved by the 
 board, justifying by affidavit, in the sum of $250 each, condi- 
 
LIQUOE LICENSE 639 
 
 tioned 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 attor- 
 ney 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. C. O. 89, s. 47, and 1901, c. 33, s. 6. 
 
 CANCELLATION OF LICENCES. 
 
 48. The board shall at any time cancel any licence upon Cinceiiation 
 
 *^ •■ ^ ^ or licenses 
 
 proof that the conditions necessary to the granting of such 
 licence do not exist and also in case it is shown that the licencee 
 is not keeping his premises in accordance with the provisions of 
 this Ordinance and any rules and regulations made thereunder. 
 0. O. 89, s. 48. 
 
 49. The attorney general may subject to the approval of the cancellation 
 Lieutenant Governor in Council at any time upon application by attorney 
 by a licencee cancel a licence and allow a rebate to such licencee 
 
 of a portion of the moneys paid for licence both to the muni- 
 cipality and to the Territorial treasurer. 
 
 (2) A licence may be cancelled under this section on account 
 of the destruction of the premises or for any reason satisfactory 
 to such attorn'ey general. 
 
 (3) In case such rebate is allowed it -shall be the duty of the Rebate 
 municipality and the Territorial treasurer to refund to such 
 licencee such amount so allowed. C. O. 89, s. 49, and 1900, c. 
 
 32, s. 1. 
 
 TEANSEEE OE LICENCES. 
 
 50. The rights and liabilities of a licencee shall enure to i^^e Lji^en^se^^ 
 legal representative of a deceased licencee and to the transferee f^^^y^^f^^^ 
 of the business of a licencee for a period of sixty days after t^e^^^^Hf^^f^^ 
 death or transfer; and during such period such legal represen- 
 tative or transferee shall for the purposes of this Ordinance be 
 considered a licencee; 
 
 (2) At the expiration of the said period of sixty days the 
 licence shall ipso facto become forfeited and be absolutely null 
 and void unless such legal representative or transferee shall 
 prwr thereto have obtained the written consent of the attorney 
 general to the continuance of the business or to the transfer of 
 the licence : 
 
 Provided thai 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. 
 
640 
 
 LIQUOK MCENSE 
 
 (3) Upon such written consent heing given the legal repre- 
 sentative or transferee as the case may be shall have the same 
 rights and he subject to the same liabilities as if the licerice had 
 been originally granted to him and shall for the purpose of this 
 Ordinance be deemed a licencee. 1901, c. 33, s. 7. 
 
 legaiirejeoted ' ^^' Where a licencee has been, legally ejected from any 
 licensed premises the board may, notwithstanding the nonpro- 
 duction of the licence, on the application in writing of the 
 OAvner of the premises and the proposed new tenant, if thej^ 
 
 Special license Cannot produce the licence, grant a special licence to such new 
 tenant in such form as they shall think applicable, such special 
 licence to be signed by the attorney general; provided always 
 that the board shall be satisfied that actual value has been 
 received from said owner by said licencee. C. 0. 89, s. 51, 
 and 1900, c. 32, s. 1. 
 
 to new tfenant 
 
 Balance 
 of term 
 
 Proviso 
 
 Desertion 
 of premiaes 
 
 Vacancy 
 
 52. The board may by order authorise any person they may 
 think entitled to the benefit of any licence to carry on the busi- 
 ness in the licensed premises for the remainder of the term for 
 which the licence was granted in the same manner as if such 
 licence had been formally transferred to such person (provided 
 proof of value received be given as provided in the next pre- 
 ceding section ) in the following cases : 
 
 1. Whenever any person to whom a licence has been granted 
 deserts the licensed premises or refuses or neglects to transfer 
 the licence when justly reqiiired so to do ; or 
 
 2. If during the ciirrency of any such licence the holder 
 thereof ceases to occupy the premises in respect whereof the 
 licence is held or his tenancy of such premises is determined 
 by effluxion of time or by notice to quit or hj any other process 
 whatsoever. C. 0. 89, s. 52. 
 
 After dis- 
 qualification 
 treating 
 matter as in 
 case of 
 transfer 
 
 53. Where any licensed person is convicted of any offence 
 and in consequence either becomes personally disqualified or 
 has his licence forfeited the board upon application by or on 
 behalf of the owner of the premises in respect of which the 
 licence 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 
 authorise an agent to carry on the business specified in the 
 licence relating to such premises until the end of the period 
 for which such licence was granted, in the same manner as 
 if such licence had been formally transferred to such agent: 
 
IJQUOE LICENSE 641 
 
 Provided ahvays such owner shall pay as fee for the balance Proviso 
 of the term of the licence unexpired a proportionate part of the 
 amount required for one year. C. O. 89, s. 53. 
 
 54. In case of the marriage of any -woman being a licencee^jJ^^'Seof 
 the licence held by her shall confer on her husband the same'ioensee 
 privileges and shall impose on him the same duties, obligations 
 
 and liabilities as if such licence had been granted to him 
 originally : 
 
 Provided that the attorney general on application of the hus- Proviso 
 band of any such licencee, if satisfied that no objection can be 
 made to the character of the husband and that he has not for- 
 feited a licence within the next preceding three years, may 
 confirm to him his wife's licence for the remainder of the term 
 of the duration thereof of which confirmation a certificate 
 signed by the attorney general shall be conclusive evidence. C. 
 O. 89, s. 54, and 1900, c. 32, ss. 1 and 10. 
 
 REMOVAL OE LICEXCEES. 
 
 55. The attorney general may, after order allowing the sameRemovai to 
 by the board, indorse on any hotel or wholesale licence, permis- 
 sion to the holder thereof to remove from the house to which 
 
 his said licence applies, to another house to be described in the 
 indorsement to be made by the said attorney general on the said 
 licence; provided always that the house to which the licencee 
 proposes to remove has all the accommodation required by law 
 and subject to the requirements in the case of an original appli- 
 cation for the same kind of a licence. 
 
 (2) Such permission when the approval of the said aiiornewEffectof such 
 
 -, . . ^ , -IT in 1 • 1111 , permission 
 
 general is indorsed on said licence shall authorise the jholder of 
 the said licence to sell liquors in the house mentioned in the 
 indorsement during the unexpired portion of the term for which 
 the said licence was granted in the same manner and upon the 
 same terms and conditions as he might do in the premises to 
 which the licence originally applied; any bond or security 
 which such holder of a licence may have given for any purpose 
 in relation to such licence shall apply to the house or place to 
 ■which removal is authorised; but such permission shall not 
 entitle him to sell at any other than such one place. C. 0. 89, 
 's. 55, and 1900, c. 32, s.'l. 
 
 56. In all cases provided for in sections 50 to 55 liereof, Application 
 both inclusive, of transfer, removal or change in a licence appli- or removal 
 cation shall be made in the same manner as if for an original 
 application for a licence; the amount of money to be sent with 
 
('.4:2 
 
 LIQUOE LICENSE 
 
 Proviso 
 
 suid application shall be the sum of $10 ; the attorney general 
 upon receiving the application from the Territorial treasurer 
 shall proceed as in cases where persons apply at other than the 
 regular time for licences and the same additional fees must be 
 paid: 
 
 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 aiDplication may be granted 
 upon the authority oj: the attorney general alone. C. 0. 89. s. 
 5G, and 1900, c. ;]2, s. 1. 
 
 LICENCES IMPEOPEELY OBTAINED. 
 
 Powers of 
 judge where 
 license 
 imoroperly 
 obtained 
 
 57. If within sixty days from the granting of a licence or a 
 transfer of a licence any person deposits with the clerk of the 
 supreme court for the judicial district wherein the licensed 
 premised are situated $10 as security for costs together with a 
 complaint (verified by affidavit) that the said licence or trans- 
 fer has been obtained by fraud or in violation of any of the 
 provisions respecting licences, ou application the judge may by 
 means of an originating summons investigate and summarily 
 hear and dispose of the complaint and may direct the cancella- 
 tion of the licence or dismiss the complaint and award costs in 
 the same way as costs are awarded in proceedings in the 
 sup'reme court. C. O. 89, s. 57. 
 
 EECORDS AND,EEPOET OF ATTORNEY GENERAL. 
 
 License 
 register 
 
 58. The attorney general shall keep a register to be Jcnown 
 as the register of licences in ivhich shall he 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 ivhich 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 j 
 
 (5) All licences granted with the names of the licencees 
 and of the sureties recjuired to be furnished j 
 
 (c)-All forfeitures of licences, disciualification of licen- 
 cees and convictions against licencees. 
 
 1900, c. 32, 
 
 11. 
 
LIQUOR LICENSE 643 
 
 59. The attorney general shall report .annually to the Le^s- Report to 
 lative Assembly within the first fifteen days of the session^^"^"^^^^ 
 thereof furnishing: 
 
 (a) A statement of the number and description of 
 licences and the names cf applicants to whom licences 
 were granted during the year; 
 
 (b) The names of applicants to whom licences were not 
 granted; 
 
 (c) Any other particulars required to be entered in the 
 register of licences; 
 
 (d) A list of prosecutions for infraction of this Ordin- 
 a^nce and the result of the same; 
 
 (e) Any general remarks which he may deem necessary 
 concerning the ivorking of the liquor license law. 
 1900, c. 32, s. 12. 
 
 REGULATIONS. PEOHIBITIONS AXW PENALTIES. 
 
 60. AH licences shall be constantly and conspicuously ^^"l^^^^'^^j 
 exposed in the warehouses and shops, in the bar rooms of hotels 
 or other places of public entertainment to which the licences 
 respectively relate, under a penalty of $5 for every day's wilful 
 or negligent omission so to expose them, and in default of pay- 
 ment one week's imprisonment for every day of such omission. 
 C. 0. 89, s. 60. 
 
 61 .( Every person keeping a licensed hotel or wholesale Pin-card 
 
 . . • -i. over door 
 
 liquor store shall during the continuance in lorce of such 
 licence 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 liquors." 
 
 (2) Every holder of a hotel licence shall also keep exhibited^°^^l\°l ^^^^ 
 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 required 
 "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 lueek from the hour of 11.30 o'clock p.m. to 
 "the hour of 6 o'clock a.m. of the following day." C. 0. 89, 
 s. 61, and 1901, c. 33, s. 8. 
 
 63. E"o payment of wages to any workman or other person P^y™ent of 
 shall be made on any licensed premises except by the licencee licensed 
 to his ordinary servants or employees ; any such payment made 
 
644 
 
 LIQUOE LICENSE 
 
 in contravention of this section shall not operate to discharge 
 the debt of the employer in respect of such wages to such work- 
 man or other person. C. 0. 89, s. 62. 
 
 ne aroniy g<j_ -^^^ more than one bar shall be kept m any house or 
 premises licensed under this Ordinance. C. O. 89, s. 63. 
 
 Hours for 
 sale of liquor 
 
 Exception 
 
 Proviso 
 
 No sale during 
 election or 
 during tinjes 
 
 should be 
 closed 
 
 64. In all places where intoxicating liquors 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 Sat- 
 urday night till seven of the clock on Monday morning there- 
 after, nor from or after the hour of half -past eleven 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 
 liquors 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 licence is issued 
 be kept open from or after the hour of seven o'clock on Satur- 
 day night until seven o'clock on JMonday morning thereafter 
 and from eight o'clock at night until seven o'clock in the morn- 
 ing 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 licensed niedical practitioner or 
 by a licensed druggist or by a justice of the peace is fiirnished 
 the licencee or his agent ; nor shall any liquor whether sold or 
 not be permitted or allowed to be drunk 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 Sundays to the 
 .'guppts honn fide residing or boarding; in such hors°s between tbe 
 hours of one and three and five and seven iii the afternoori 
 respectivelv to be drunk at their meals at the table ; but this 
 provision shall not permit the furnishini; of liquor at the bar 
 or place where liquor is usually sold in such houses. 
 
 (2) jSTo sale or other disno&al of liquor shall take place in 
 any licensed place within the limits of a nolling subdivison on 
 any -polling day for the election of a member of the Legislative 
 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 
 
LIQUOK LICEJfSE 645 
 
 during any time when by law in force in the Territories or by 
 bylaw 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 Persons found 
 
 ^ -^ ^ -^ in bar rooms 
 
 liquors are usually sold upon licensed premises at any time j^" prohibited 
 between the hoiirs of seven of the clock on Saturday night and 
 seven of the clock on the j\[onday morning thereafter or 
 between the hours of half-past eleven of the clock at night and 
 six of the clock the following morning on the other nights of the 
 week shall be liable on summary conviction thereof to a fine of Penalty 
 $10 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 baq* 
 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 o^" b* cfo °eT '° 
 room in which liquors are usually sold in a licensed hotel shall p"o^"fne^ 
 be kept open at any time during the hours when the sale ori^ou^s 
 other disposal of liquors is prohibited and the 'presence in th& 
 
 bar room of any person not a memler of the licencee's family 
 or a regular employee of the licencee shall he prima facie evi- 
 dence of the heeping open of such har room. 
 
 (5) Any contravention of the provisions of this section by ^y "^™Int"°" 
 a servant, agent or employee of a licencee shall be presumed to 
 
 be the act of such licencee. 
 
 (6) The sale or other disposal of liquor hy a licencee at anyS^^M.^^ . 
 bona fide banquet or supper Veing held in his licensed premises 
 
 to any person in actual attendance at such banquet or supper 
 at any time before one o'cloclc a.m. shall not be deemed to be a 
 violation of the provisions of this section provided the said 
 licencee has obtained 'the written permission of a licence com- 
 missioner for the licence district in which his licensed premises 
 are situate for such sale or other disposal. C. 0. 89, s. 64, and 
 1903, Siess. 1, c. 26, ss. 7, 8 and 9. 
 
 65. There shall be no connection between the bar room and Bar^ro^om^_ 
 other portion of the premises in any licensed hotel by means of ^jth^oa^r 
 windows, wickets, elevators, chutes, openings of any kind or Ucensed^ 
 sliding, folding or other kind of doors except doors opening, 
 directly out of and on the same side of the bar room iuio the 
 same public hall or office of the licensed premises and a door or 
 trap leading from behind the bar into the cellar. 0. O. 89, s. 
 65, and 1901, c. 33, s. 10. 
 
646 
 
 LIQUOE LICENSE 
 
 View into bar 
 room not to be 
 obstructed 
 
 66. In any licensed hotel full view of the interior of the 
 bar room shall not during prohibited hours be obstructed by 
 means of screens, shades, blinds or frosted, ground or coloured 
 windows. C. 0. 89, s. 66. 
 
 Billiard 
 rooms, etc. 
 
 67. No billiard, pool or other tables shall be permitted in 
 the bar room of any licensed hotel ; no liquor shall be sold or 
 supplied in any room in any licensed premises set apart or used 
 for such games. 
 
 (2) No musical instruments, dancing or other form of 
 attraction shall be permitted in such har room. C. O. 89, s. 
 67, and 1903, Sess. 1, c. 26, s. 10. 
 
 Conditions 
 
 regarding 
 
 premises 
 
 68. ISTo licence shall be granted in respect of any premisea 
 in which the provisions of section 65 hereof have not been com- 
 plied with. C. 0. 89, s. 68. 
 
 Refusal to 
 supply meals, 
 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 guilty of an offence and 
 on summary conviction thereof be liable to a penalty of $20 
 and in default of payment one month's imprisonment. C. 0. 
 89, s. 69. 
 
 70. 
 
 If any hotel keeper licensed under this Ordinance 
 I'eceives in payment or as a pledge for any liquor supplied in or 
 
 for liquor 
 
 Penalty for 
 
 receiving 
 
 pledge or 
 
 payment other J. , . ,. , . , . 
 
 than money irom uis licensed premises anything except current money or 
 the debtor's own cheque on a bank or banker he shall be guilty 
 of an offence and on summary conviction thereof be liable 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 
 to be supplied and the amount of any payment so made in 
 advance may be recovered notwithstanding that any liquor may 
 have been supplied subsequently to such payment. C. 0. 89, 
 R. 70. 
 
 Payment tor 
 liquor to be 
 supplied 
 
 Bartering or 
 receiving 
 pawn for 
 liquor 
 
 71. Any licencee who riurcbases from any other person any- 
 tbinfr either bv way of sale or barter directly or indirectly the 
 consideration for which in whole or in part is an;^ ""ntoxicating 
 liquor or the price thereof or receives from an^- person any 
 goods in Dawn for liquor shall be guilty of an offence and on 
 summary conviction thereof shall be liable to a penalty of $20 
 and in default of payment forthwith after conviction to impri- 
 
LIQUOE LICENSE 047 
 
 sornnent 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 f'™™o 
 shall apply to transactions between parties holding respectively 
 \\holesale and retail licences under the provisions of this 
 Ordinance. C. O. 89, s. 71. 
 
 I'S. Any licencee who permits gambling, drunkenness, or rti''™d'''f ' 
 any violent, quarrelsome, riotous or disorderly conduct to take ''"ohilfif- f"- 
 place on his premises, or sells or delivers any intoxicating 
 liquor to any drunken person, or permits and suifers any 
 drunlien person to consume any intoxicating liquor on his 
 premises, or permits or suffers persons of notoriously bad char- 
 acter to assemble or meet on his premises shall (in addition to 
 any other punishment provided by law) be giiilty of an offence 
 and on summary conviction thereof be liable to a penalty of 
 n^t less than $25 nor more than $50, and in default of payment 
 forthwith after conviction to not less than one nor more than 
 two months' imprisonment. C. O. 89, s. 72. 
 
 73. Every description of gaming, playing at cards, dice or Games ot 
 any game of chance, with betting or with a view to determine as prohibited " 
 to who shall pay for any liquor consumed or to be consumed, is 
 hereby strictly forbidden and prohibited in any licensed pre- 
 mises in the Territories, and any proprietor, owner or licencee 
 of any such place allowing any description of gaming as afore- 
 said therein, and any person found in any such place engaged 
 in any description of gaming as aforesaid, shall be guilty of an 
 offeiice and on summary conviction thereof be liable to a fine 
 of not less th-^n $20 nor more than $50 for every such offence, 
 and in case of default of payment forthwith after conviction 
 to be imprison".^ for a term not less than one month nor more 
 than two months. 
 
 (2) Any proprietor, o^\^ler or licencee of any such place Arrest on view 
 allowing any description of gaming as aforesaid thereon and 
 
 any person in any such place engao-ed in any description of 
 gaming as aforesaid shall be liable to be arrested 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 in any licensed premises shall be prima facie 
 evidence of an infraction of the provisions of this section. 0. 
 0. 89, s. 73, and 1901, c. 33, s. 10. 
 
648 
 
 LIQUOK LICENSE 
 
 Penalty for 
 harbimring 
 constable 
 
 74. Any licencee who knowingly harbours or knowingly 
 suffers to remain on his premises any constable during any part 
 of the time for such constable to bs on duty (unless for the 
 purpose of keeping or restoring order or in the execution bi his 
 duty) or supplies any liquor by way of gift or sale to any con- 
 stable on duty unless by authority of some superior oiEcer 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 $25 nor more than $50 and 
 in default of payment forthwith after conviction to not less 
 thau one nor more than two months' imprisonment. C. 0. 89, 
 s. 74. 
 
 Intoxicated 
 
 Eersons may 
 e refused 
 admittance 
 or expelled 
 
 Penalty 
 
 75. Any licencee may refuse to admit to the premises La 
 respect of which his licence 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 disoraerl^ 
 and any person whose presence on his premises would subject 
 the licencee to a penalty under this Ordinance ; and any such 
 person who upon being requested in pursuance of this section 
 by such licencee 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 pen- 
 alty of $5 and in default of payment forthwith after conviction 
 to one week's imprisonment ; and all constables are required on 
 demand of such licencee, his agent or servant to expel or assist 
 in expelling every such person from such premises and may use 
 such force as may be necessary for that purpose. 0. 0. 89, 
 s. 75. 
 
 Communica- 
 tion between 
 licensed 
 ppemip**8 and 
 unlicensed 
 premises used 
 for public 
 entertainment 
 prohibited 
 
 Penalty for 
 
 76. Every person who makes or uses or allows to be made 
 or used any internal communication between any licensed pre- 
 mises and any unlicensed premises which are used for public 
 entertainment or resort or as a refreshment house shall be 
 guilty of an offence and on summary conviction thereof be 
 liable to a penalty of $50 for every day during which such 
 communication remains open and in default of payment forth- 
 with after conviction for every day as aforesaid to one month's 
 imprisonment. 0. O. 89, s. 76. 
 
 .Liquor 
 supplied to 
 minors 
 prohibited 
 
 Penalty for 
 
 77. Any licencee who allows to be supplied in his licensed 
 premises by purchase or otherwise any description whatever of 
 liquor to any person under the age of eighteen years, of either 
 sex, shall as well as the person who actually gives or sunplies 
 the liquor be guilty of an offence and on summary conviction 
 thereof be liable to pay a penalty of $25 for a first offence and 
 
LIQUOR LICENSE 649 
 
 in default of payment forthwith after conviction to one month's 
 imprisonment ; and for a second like offence to a penalty of $50 
 with absolute forfeiture of licence and in default of payment 
 forthwith after conviction to two months' imprisonment and 
 absolute forfeiture of licence. 
 
 (2) Any hotel licencee who Icnowingly allows any male Females 
 under the age of eighteen years or any female to dispose of any ^^""""'"^ ''''"°'' 
 form of intoxicants on the premises for which such licence is 
 granted shall be liable to all the penalties provided for in this 
 section, provided that this shall not apply to female licencees or Proviso 
 the wife of a licencee. C. O. 89, s. 77. 
 
 78. No person shall recover or be allowed to set off any charge for 
 charge for intoxicating liquors in any quaiatity less than one auantity"iess 
 half gallon delivered at one and the same time ; and specialties, gallon cannot 
 bills, notes, agreements or accounts stated, given or made in 
 
 whole or in part for or to secure any such charge shall be void ; 
 
 but nothing herein contained shall extend to any charge made 
 
 by an hotel licencee against any boarder or traveller ; it shall Exception 
 
 not be necessary for any person taking advantage of this section 
 
 to plead the same specially but he may raise the objection at 
 
 any stage of the case. 
 
 (2) j^o person resident within one mile of such hotel or, 
 licensed premises shall be considered a traveller within the 
 meaning of this section. C. 0. 89, s. 78, and 1903, Sess. 1, c. 
 26, s. 11. 
 
 79. Whenever in any hotel or other house or place where Suicide or 
 
 • ,••-!■ !• 1 ■ ^ 1111 in accidental 
 
 intoxicating liquors ot anv kind are sold, whether legally or death while 
 
 ■11 11 1 i" 1 f ■ • • 1- intoxicated, 
 
 illegally, any person has drunk to excess ot intoxicating liquor person 
 of any kind therein furnished to him and while in a state of iiquor liable 
 
 • c 1 ■ 1 1 ■ 1 1 1 to action 
 
 intoxication from siich drinking has come to his death by 
 suicide or drowning or perishing from cold or other accident 
 occasioned by such intoxication the person whether the keeper 
 or employee of such hotel, house or other place who delivered 
 to such person the liquor whereby such intoxication was caused 
 shall be liable to an action as for personal wrong at the suit of 
 the legal representatives of the deceased person if such action 
 be brought within three months after such decease but noti 
 otherwise; and by such action may recover such sums not less 
 than $100 nor more than $1,000 as may therein be assessed by 
 the court or judge or jury as damages ; the keeper of such hotel' 
 or other house or place and also any other person or persons! 
 who for him or in his employ delivered to such person the 
 liquor whereby such intoxication was caused shall b; jo'ntly 
 
650 
 
 I,IQUOE LICENSE 
 
 and severally liable to an action as for personal wrong at the 
 suit of the legal representatives of the deceased person if such 
 action be brought within three months after such decease but 
 not othprwise and such legal representatives may bring either a 
 joint and several action against them or a several action against 
 any or either of them and by such action or actions may recover 
 such sums not less than $100 nor more than $1,000 in the 
 aggregate of any such actions as may therein De assessed as 
 damages; and in the event of final judgment being recovered 
 against any liceucee in any action under this section the licence 
 of such licencee shall thereupon be forfeited and thereafter be 
 null and void. C. O. 89, s. 79. 
 
 Liquor §0. Any person on summary conviction of any of the fol- 
 
 whoiislie"' lowing offences shall be liable to a penalty of $50 and in default 
 
 licensee, 
 
 liquor sold 
 
 to illicit dealer ^^ gj^^ 
 
 of payment forthwith after conviction to two months' imprison- 
 
 Evidence in 
 proceeding 
 
 Sale without 
 
 license 
 
 prohibited 
 
 2. Any person who sells liquor by wholesale to any person 
 who he knows or has reason to believe is selling liquor without 
 a licence; 
 
 3. Any licencee licensed to sell liquors not to be consumed 
 on the premises who takes or carries or employs or suffers any 
 other person to take or carry any liquor out" of or from the 
 premises of such licencee for the purpose of being sold on his 
 account or for his benefit or profit and of being consumed in 
 any other house or in any tent, shed or other building of any 
 kind whatever belonging to such licencee or hired, used or 
 occupied by him. 
 
 (2) In any proceeding under this section it shall not be 
 necessary to prove that the premises or place or places to which 
 such liquor is taken to be drunk belonged to, were hired, used 
 or occupied by the seller if proof be given to the satisfaction of 
 the court hearing the case that such liquor was taken to be 
 consumed thereon or therein with intent to evade the conditions 
 of his licence. C. 0. 89, s. 80, and 1901, c. 33, s. 11. 
 
 81. ISTo person shall sell by wholesale or by retail or shall 
 keep or have in any house or other place whatsoever any liquor 
 for the purpose of selling, bartering or trading therein without 
 having first obtained a licence authorising him so to do ; and 
 any sale or other disposal of liquor by any association, body of 
 persons or club not incorporated by special Ordinance of the 
 Territories or by the servant or agent thereof to the members 
 thereof or to any other person without such licence shall be a 
 violation of section 85 of this Ordinance: 
 
LIQUOR LICENSE 651 
 
 Provided that the provisions of this section shall not prevent ^1°^'^^° , 
 
 , . 1 ■ T T • Chemists and 
 
 any chemist or druggist duly registered as such from keeping, ^g'Sff^^'^ "^^^ 
 having and, subject to the further provisions of this section '""''''^'"^'i 
 
 . ^ ' purposes 
 
 selling liquors for strictly medicinal or mechanical purposes; 
 but no such sale for medicinal purposes shall be made in pack- 
 ages of more than six ounces at any one time except under 
 certificate from a registered medical practitioner ; and it shall 
 be the duty of every such chemist or druggist to record in a 
 be ok to be open to the inspection of the board or inspectors 
 every sale or other disposal by him of liquor ; and such record 
 shall show as to every such sale or disposal the time when, the 
 person to whom and the quantity in which such liquor is sold 
 and the certificate of the medical practitioner, if any; and in 
 default of sale or disposal being so placed on record every such 
 sale or disposal shall prima facie be held to be in contravention 
 of the provisions contained in this section: 
 
 Provided that any wholesale druggist may without licence Proviso 
 sell any alcohol wood spirit : 
 
 Provided further that any wholesale druggist may without 
 licence sell to any legally qualified druggist or physician any 
 kind of alcohol not exceeding ten gallons and any kind of wine ■ 
 or brandy not exceeding five gallons at any ,one time : 
 
 Provided further that any qualified druggist may sell to any 
 person any combination of alcohol with any drug made accord- 
 ing to any formula of the British or United States pharma- 
 copoeia : 
 
 Provided always that no person authorised to sell liquors as 
 provided by this section shall allow any liquors sold by him or 
 on his premises to be consumed within his shop or the premises 
 of which such shop forms part. 
 
 (2) Any chemist or druggist who colourably for medicinal Penalty for 
 purposes sells liquor to be consumed by any person as a beverage Ordinance 
 shall on summary conviction thereof be liable to a penalty of 
 $50 and in default of payment forthwith after conviction to 
 one month's imprisonment. C. 0. 89, s. 81. 
 
 83. Violation of any cf the provisions of siibsections (i)^ Penalty for 
 {2) and (J/.) of section 61^ hereof shall he an offence for ivhich aecnon 6i 
 the person violating shall he liahle on summanj conviction: 
 
 For the first offence to a penalty of not less than $50 nor 
 more than $100 and in default of payment forthiuith 
 after conviction to not less than two months' nor more 
 than four months' imprisonment; 
 
 For the second or any suhsequent offence to a penalty of 
 not less than $100 nor more than $200 ivith ahsolute 
 
652 
 
 LIQUOK LICENSE 
 
 forfeiture of licence and in, default of payment forth- 
 with after conviction to not less than four months' nor 
 more than six m,onths' imprisonment with absolute for- 
 feiture of licence or to imprisonment for not less than 
 one month nor more than six months with absolute for- 
 feiture of licence or to both fine and imprisonment with 
 absolute forfeiture of licence. 1903, Sess. 1, c. 20, 
 s. 12. 
 
 Penalty for 
 
 medical 
 
 practitioner 
 
 evading 
 
 Ordinance 
 
 83. Any medical practitioner who colourably for medical 
 purposes gives a certificate or requisition without which liquor 
 could not lawfully be obtained in quantities of more than six 
 ounces, to enable or for the purpose of enabling any person to 
 obtain liquor to drink as a beverage 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 conviction to 
 one month's imprisonment. C. 0. 89, s. 83. 
 
 Allowing 
 liquor to be 
 consumed on 
 premises not 
 licensed 
 therefor 
 
 84. Any person not licensed to sell liquor to be drunk on 
 the premises who allows or permits liquor purchased from him 
 to be drunk on the licensed premises shall be guilty of an offence 
 and on summary conviction thereof (unless it is made to 
 appear to the justice before whom the offence is charged that 
 such drinking was without his privity or consent) shall be 
 liable on summary conviction to a penalty of not less than $50 
 nor more ihcCn $100 with absolute forfeiture of licence; and in 
 default of payment forthivith after conviction to not less than 
 two months' nor more than four months' imprisonment with 
 absolute forfeiture of licence. 
 
 (2) For the purpose of this section the expression "pre- 
 mises where the same is sold" shall include any premises 
 adjoining or nedr the premises where the liquor is sold if 
 belonging to the seller of the liquor or under his control or' 
 used by his permission. 
 
 (3) Any purchaser of liquors in a house or premises to 
 which a wholesale licence applies who drinks or causes any one 
 to drink or allows liquor to be drimk in the premises where the 
 same has been purchased shall be liable to the penalty and, 
 punishment set forth in this section. C. 0. 89, s. 84:, and 
 1901, c. 33, s. 13. 
 
 felling uq°OT ^^' ^'^2/ persou u'ho sclls or barters liquor of any hind with- 
 Ucense' "^ ^^® licence therefor by law required shall be guilty of an 
 
 offence and on summary conviction thereof shall be liable: 
 
LIQL'OU LIGE.NSI-: 653 
 
 For the first offence to a penalty of not less than $50 nor 
 more tha>n $250 and in default of payment forthwith 
 after conviction to not less than two months' nor more 
 than six months' imprisonment; 
 
 For a second offence to a penalty of not less than ^200 nor 
 more than $500 and in defaidt of payment forthwith 
 after conviction to not less than three months' nor more 
 than tivelve' months' imprisonment or to imprisonment 
 for not less than three months nor more than twelve 
 months, or to hoth fine and imprisonment j 
 
 For a third or subsequent offence to a penalty of not less 
 thran $500 nor more than $1,000 and in aefaidt of pay- 
 ment forthivith after conviction to not less than nine 
 months' nor more than two years' imprisonment and to 
 imprisonment for not less than six months nor more 
 than tivo years. 1903, Sess. 1, c. 26, s. 13. 
 
 86. Every person who by falsely representing himself to be False 
 
 ' a lodger or traveller biiys or obtains or attempts to buy or obtain Uquor 
 obtain at any premises any liqixor during the period .when such 
 premises are required to be closed as to the sale thereof in pur- 
 suance of this Ordinance shall be guilty of an offence and on 
 summary conviction thereof shall be liable to a penalty of $20 
 and in default of payment forthwith after conviction to one 
 month's imprisonment. C. 0. 89, s. 86. 
 
 87. No inspector * * * shall either directly inspector 
 
 '^ . "^ shall not 
 
 or indirectly receive, take or have any money whatso" receive bribe 
 ever for any licence, report, matter or thing connected with or 
 relating to any grant of any licence or receive, take or have 
 any note, security or promise for the payment of any ?uch. 
 money or any part thereof from any person or persons what- 
 soever ; 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 con- 
 viction thereof be liable to a penalty of $200 and in default of pgn^^uy 
 payment forthwith after conviction to imprisonment for t' ree 
 months. C. O. 89, s. 87, and 1900, c. 32, s. 1.1. 
 
 88. Any commissioner, inspector, officer or other person penalty for 
 
 , . . !• .T ■ r\ T 1 •! c-iusinsj illegal 
 
 who contrary to the provisions of this Ordinance knowingly issue of license 
 issues or causes or procures to be issued any liouor licence or a 
 certifict-^ therefor sha^l be guilty of an offence and on sum- 
 mary conviction thereof be liable to a penaltv of $250 and m 
 default of payment forthwith after conviction to imprisonment 
 for six months. C. O. 89, s. 88. 
 
654 
 
 LIQTJOK I^ICEXSE 
 
 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- 
 j>ound 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 dismissed 
 for want of prosecution or otherwise shall be guilty of an 
 offence and on summary conviction thereof be liable to incur a 
 penalty of $100 and in default of payment forthwith after 
 conviction to imprisonment for two months. G. 0. 89, s. 89. 
 
 Penalty for 
 being party to 
 eomposition 
 
 90. Every person who is concerned in or is a party to the 
 compromise, composition or settlement mentioned in the next 
 jneceding section shall be guilty of an offence and on summary 
 conviction thereof be liable to a penalty of $50 and in default 
 cf payment forthwith after conviction to one month's impri- 
 sonment. C. 0. 89, s. 90. 
 
 Penalty for 
 assisting to 
 avoid arrest 
 
 91. Any one knowing or having reason to believe that an 
 order to commit to gaol has been issued against any person 
 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. C. 0. 89, s. 91. 
 
 Convictions 
 operating as 
 forfeiture 
 
 93. Every second conviction for any offence against the 
 provisions of sections 77 and 80 hereof, and every conviction 
 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 licence of the offender 
 when not otherwise provided. C. 0. 89„ s. 92. 
 
 Penalty for 
 offences not 
 specially 
 provided for 
 
 93. Every person who shall violate any of the provisions of 
 this Ordinance for which violation no penalty is herein speci- 
 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 $100 and in default of payment forthwith after 
 conviction to imprisonment for not less than one month nor 
 more than four months. 
 
' LIQUOE LICENSE 655 
 
 (2) The licence of any licencee 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 there- 
 after be null and void. C. O. 89, s. 93. 
 
 94. Any contravention of any of the provisions of this ^°^*r^^ ^^ 
 Ordintince by any servant, agent or employee of a licencee shall b'^'^m'*°o''ee 
 be presumed to be the act of such licencee but except in the case °* licensee 
 of prosecutions under section 64 hereof such presumption may 
 
 be rebutted by proof of explicit instructions to the contrary by 
 such licencee, and any such servant, agent or employee contra- 
 vening any of the provisions of this Ordinance and disobeying 
 any such explicit instructions shall be liable on summary con- 
 viction to imprisonment for not less than ten days or more than 
 three months without the option of a fine. C. 0. 89, s. 94. 
 
 95. Except as provided in the preceding section the occu- Oocupant of 
 pant of any house, shop, room or other place m which any sale, Habie 
 barter or trafiic of liquors, or any matter, act or thing in con- 
 travention 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 tiling to he 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 suf- 
 fered 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. 
 C. O. 89, s. 95, and 1901, c. 33, s. 14. 
 
 96. Every licencee failing to post up a synopsis of this vaiiure^to ^.^ 
 Ordinance on being requested to do so' by the inspector shall be of ordinance 
 guilty of an offence and on summary conviction thereof be 
 
 liable to forfeit $25 ; such synopsis shall be printed in such 
 languages as the board may direct. C. O. 89, s. 96. 
 
 POWBES OF INSPECTOES AND OFFICEES. 
 
 97. Any police officer, policeman or constable or inspector officers may 
 of licences shall for the purpose of preventing or detecting^ the sear^ch^^ 
 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 
 
656 
 
 LIQUOE LICENSE 
 
 Penalty tor 
 refusing 
 admittance 
 to officers 
 
 and every part of any hotel or other place wherein refreshments 
 or liquors are sold or reputed to be sold whether under licence 
 or not or where he believes that liquors are leept for sale con- 
 trary 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 premises or any 
 part thereof or 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, 
 constable or inspector or any such searches as aforesaid shall 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. C. 0. 89, s. 97; 
 1900, c. 32, s. 14, and 1901, c. 33, s. 15. 
 
 Search 
 warrant 
 
 98. Any justice if satisfied by information on the oath of 
 any police officer, policeman, constable or inspector that there 
 is reasonable ground for belief that any spirituous or fermented 
 liquor is being kept for sale or disposal contrary to the provi- 
 sions of this Ordinance in any unlicensed house or place within 
 his jurisdiction may in his discretion grarft 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 connected 
 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 ^aid 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 provi- 
 sions of section 81 of this Ordinance and may be arrested by 
 such officer or person having the warrant for search as aforesaid 
 and any person so arrested shall be liable to be charged and 
 dealt with as provided under this Ordinance and may be fined 
 or imprisoned therefor as provided in section 93 of this 
 Ordinance. 
 
LIQUOR LICENSE 657 
 
 (2) When any inspector, policeman, constable or officer in ^^^^'f H™^nd^ 
 making or attempting to make any search under or in pursu- ^'^^'"^^gggg]^ 
 ancer 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 occupant 
 of such house or place or any other person for keeping liquor 
 for sale in such hoxise or place withoiit licence the justicq 
 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 forthwith 
 transmitted to the Territorial treasurer to form part of the 
 general reveniie fund. C. O. 89, s. 98. 
 
 99. Police officers, policemen and constables shall have ^ uU Aijtiujrity o^f^ 
 authority to enforce any of the provisions of this Ordinance, p"}!"*™^" 
 
 C. 0. 89, S. 99. constables 
 
 PEOSECUTIOSrs. 
 
 100. Prosecutions for offences created by this Ordinance Time for 
 
 '' • • j: prosecutions 
 
 shall be instituted within six months after the commission oi 
 the alleged- offence. 0. O. 89, s. 100. 
 
 101. The description of any offence under this Ordinance DescripUon 
 in 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 the N«Bativmg 
 
 information ; but if it be so specified or negatived no proof in 
 
 relation to the matter so specified or negatived shall be required 
 
 on the part of the informant or complainant. .0. O. 89, s. 101. 
 
 103. Several charges of contravention of this Ordinance several^ 
 corammitted by the same person may be included in one and the «barge^<i^in one 
 same information or complaint ; provided that such information 
 and complaint and the summons issued thereon contains speci- 
 fically the time and place of each contravention. C. 0. 89, s. 
 102. 
 
 103. In describing the offences respecting the sale or other De|«f™";e 
 disposal of liquor or the keeping or the consumption of liquor informations, 
 in anv information, summons, conviction, warrant or proceed- 
 
658 
 
 LIQUOB LICENSE 
 
 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 quantity is 
 essential, and then it shall be svifficient to allege the sale or dis- 
 posal of more or less than such quantity as the case may require. 
 C. O. 89, s. 103. 
 
 Forma 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 accordance 
 with Part LVIII of The Criminal Code 1892. CO. 89, s. lOi. 
 
 Proceedings 
 
 where 
 
 previous 
 
 conviction 
 
 charged 
 
 Charge for 
 eubaequent 
 offence to be 
 tried first 
 
 Proof of 
 previous 
 conviction 
 
 Subsequent 
 conviction 
 if former 
 quashed may 
 be amended 
 
 lOJ}. The proceedings upon informations for an offence 
 against any of the provisions of this Ordinance, in a case where 
 a previous conviction is charged, shall be as follows : 
 
 1. The justice shall in the first instance inquire concerning 
 such subsequent offence only, and if the accused be found 
 guilty thereof he shall then and not before be asked whether he 
 was so previously convicted as alleged in the information 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 he proved prima facie liy 
 the production of a certificate purporting to he 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; 
 
 3. In the event of any conviction for any second or subse- 
 quent offence becoming void or defective after the making 
 thereof by reason 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 summons 
 if such person fails to appear, or on his ai)pearancr^. amend such 
 second or subsequent conviction and ailjudge such penalty or 
 
LIQUOE LICENSE 659 
 
 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 ; 
 
 4. In case any person who has been convicted of a contra- Convictions 
 vention of any provision of any of the sections of this Ordin- 
 ance 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 imder different sections. C. O. 89, s. 105, and 1903, 
 Sess. 1, c. 26, s. 14. 
 
 106. Convictions for several offences may be made under conviction for 
 this Ordinance although such offences may have been com- offencea 
 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 days and after 
 information laid for a first offence. C. 0. 89, s. 106. 
 
 107. ISTo member of the board of licence commissioners or commissioner 
 
 ,,,. ,. .. im -ITT orinspector 
 
 inspector of licences who is a justice shall try and adjudicate not to act as 
 upon any complaint for an infraction of any of the provisions 
 of this Ordinance committed within the Territorial limits for 
 
 which he is a commissioner' or inspector. C. 0. 89, s. 107. 
 
 108. Whenever a licencee is convicted of any offence against Record of 
 the provisions of this Ordinance a record thereof shall be be indorsed 
 indorsed on the licence of the person convicted and the follow- 
 ing provisions shall have effect, that is to say : 
 
 1. The justice before whom any licensed person is accused of™ggn"°° 
 shall require such person to produce and deliver to him the 
 licence under which such person carries on business and the 
 summons shall state that such production will be required ; and 
 refusal or neglect iy the licencee to produce such licence when 
 
 so required shall lie treated as 'a refusal by a witness to produce 
 a document irhen required so to do and punished accordingly ; 
 
 2. If such person is convicted the justice convicting shall indorsment 
 cause the short particulars of such conviction and the penalty 
 imposed to be indorsed on his licence before it is returned to 
 
 the offender ; and such record shall be prima fa'cie evidence of 
 such conviction where such is subsequently required ; 
 
 3. The attorney general shall enter the particulars respecting f^^rj^^^:^ 
 ■such conviction or such of them as the case may require in the 
 
660 
 
 LIQUOE LICENSE 
 
 Where effect 
 is forfeiture 
 Attorney 
 General to 
 be notified 
 
 register of licences kept by him under this Ordinance and all 
 justices shall notify the attorney general in writing of any 
 convictions they have made ; 
 
 4. Where the conviction of any such person has the effect of 
 causing the forfeiture of the licence or of disqualifying any 
 person for the purposes of this Ordinance the licence shall be 
 forwarded by the justice with notice of such forfeiture or dis- 
 qualification to the attorney general. C. 0. 89, s. 108, and 
 1900, c. 32, ss. 1 and 15. 
 
 Certificate 
 of conviction 
 
 109. The justice on any conviction of a licencee for an. 
 offence against this Ordinance shall send forthwith to the. 
 attorney general a certificate of such conviction. C. 0. 89, s. 
 109. 
 
 tojultiir'"'^ 110. For the additional duties imposed by the two next 
 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 chief inspector the sum of fifty cents ; 
 
 2. For recording the conviction on the licence the sum of 
 fifty cents. C. O. 89, s. 110. 
 
 Third convic- 
 tion forfeits 
 license and 
 disqualifies 
 
 111. When not otherwise provided a third conviction of a 
 licencee for any violation or contravention of the provisions of 
 this Ordinance shall ipso facto operate as a forfeiture of his 
 licence and disqualify the person convicted from obtaining a 
 licence for three years thereafter: C. O. 89, s. 111. 
 
 EVIDENCE^ ETC. 
 
 Certificate of 
 
 Attorney 
 
 General 
 
 Proof of 
 regulations 
 
 113. In any prosecution or proceeding under this Ordin- 
 ance in which proof is required respecting any licence or inter- 
 diction * * a- certificate purporting to be under the hand 
 oc the atto7-ney general shall be prima facie proof of the exist- 
 ence of such licence or interdiction * * and of the iden- 
 tity of the person to whom the licence 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 sig-na- 
 ture. C. 0. 89, s. 112 ; 1900, c. 32, s. 1, and 1904, c. 14, s. 4. 
 
 113. Any regulation made by the board shall be sufficiently 
 authenticated by being signed by them and a copy of such 
 
LIQUOK LICENSE 661 
 
 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. C. O. 89, s. 113. 
 
 114. Any house, shop, room or other place in which it is Appliances 
 
 J 1 , . , ■■• of liquor trade 
 
 proved tnat tnere exists a bar, counter, beer pumps, kegs, jars, e^dence 
 decanters, tumblers, glasses or any other appliances or prepara- 
 tions 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 defendant 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. C. O. 89, s. 114. 
 
 115. In proving the sale or disposal, gratuitous or other- "'-"of of 
 
 ° 2 J^ ' *= cnntraveiition 
 
 Wise, or consumption oi liquor, lor the purposes of any pro- 
 ceeding relative to any offence imder'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 ease is or are satisfied that a transaction in thai 
 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 which a licence 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. C. 0. 89, s. 115. 
 
 116. In any prosecution under this Ordinance for the sale Precise 
 cr other disposal of liquor without the licence required by lawiiquor 
 it shall not be necessary that any witness should depose directly 
 
 to the precise description of the liquor sold or bartered or the 
 precise consideration therefor. C. 0. 89. s. 116. 
 
 117. The fact of any person not being a licencee keeing upwhat prima 
 
 ... , T 1 • , 1 • facie evidence 
 
 any sign, writing, painting or other mark m or near tonisofsaie 
 house or premises or having such house fitted up with a bar or 
 
662 
 
 LIQDOE LICENSE 
 
 other place containing bottles or casks displayed so as to induce" 
 a reasonable belief that such house or premises is or are licensed 
 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 reasonably 
 required for the persons residing therein shall be deemed 
 prima facie evidence of the unlawful sale of liquor by such 
 person. C. 0. 89. s. 117. 
 
 Proof of 
 licenses 
 
 118. The production of a licence 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 author- 
 ised ; and in all cases the signature to and upon any instrument 
 purporting to be a valid licence shall prima facie be taken to 
 be genuine. C. 0. 89, s. 118. 
 
 COSTS TO INSPECTOES. 
 
 Costs allowed 
 inspector 
 attendinsT 
 court as 
 prosecutor 
 or witness 
 
 119. In any prosecution under this Ordinance if an inspec- 
 tor attends the court as prosecutor or witness it shall be lawful 
 for the justice trying the case to order the defendant in case of 
 a conviction to pay to the inspector the following costs : 
 
 (a) In case he travels by railway or stage the fares actu- 
 ally to be paid by him ; 
 
 (&) If he travels by a 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, $3 per day actually 
 occupied in going to, attending at and returning from 
 the trial; 
 
 (e) In cases of adjournment at the instance of the defen- 
 dant 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. 
 
 (4) In cases of prosecution by inspectors when no conviction 
 is procured, upon the written certificate of the justice trying 
 
LIQUOR LICENSE 663 
 
 a case that there were reasonable grounds for the prosecution 
 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 a salary in lieu of all other charges and 
 expenses. C. O. 89, s. 119 and 1901, c. 33, s. 16. 
 
 IXTEEDICTIOX. 
 
 120. When complaint has been made to a justice that any interdiction 
 •person by excessive drinking of liquor misspends, wastes, orintemperanoe 
 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 LVIII of The 
 Criminal Code 1892 against such person and on hnding the 
 complaint well founded shall by order in form J appended 
 Jbereto, forbid every licensed person in the Territories to sell 
 ihim liquor for the space of two years. C. 0. 89, s. 120 and 
 1900, c. 32, s. 16. 
 
 131. Immediately after granting the order provided for iuNotice of 
 the next preceding section the justice making the same shalltobe give" 
 transmit it together with the complaint and any evidence taken 
 thereon before him to the attorney general who thereupon shall 
 transmit by registered post or deliver a notice in form K 
 appended hereto to all licencees whose premises are in the 
 locality where such interdicted person lives. 
 
 (2) Whenever the sale of liquor to any such drunkard shall Penalty (or 
 have been so prohibited any person with a knowledge of such liquor to 
 
 ^ "^ '- interdicted 
 
 prohibition who gives, sells, pu.rchases or procures any liquor person 
 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 $50 nor more 
 than $200 and, in default of payment forthwith after convic- 
 tion, to not less than two months' nor more than twelve months' 
 imprisonment and if a licencee his licence shall be forfeited. 
 C. O. 89, s. 121 and 1900, c. 32, ss. 1 and 17. 
 
 133. The following person, viz. : Certain 
 
 " persons may 
 
 (a) Any husband or wife whose wife or husband has con-spcetortogive 
 
 ^ ' ■' ..... ..■■. ititerrilctlon 
 
 tracted the habit of drinking intoxicating liquors to notice 
 excess ; 
 
664 LIQUOK LICENSE 
 
 (h) The person himself or the father, mother, brother, 
 sister, curator, guardian or employer of any person 
 who has contracted the habit of drinking intoxicating 
 liquors to excess ; 
 
 (c) The manager or person in charge oi an asylum or , 
 hospital or other charitable institution in which any 
 person who has contracted the habit of drinking in- 
 toxicating liquors to excess resides or is kept; 
 
 (d) The curator or committee of any lunatic; or 
 
 (e) 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 hy him to all licencees 
 whose premises are in the locality where such drunkard or 
 lunatic resides not to sell, give or deliver or suffer to he 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 
 forward to the person interdicted a notice in form M in 
 schedule 1 of this Ordinance and shall at the same time forward 
 to the attorney ge^ieral a duplicate of such last named notice. 
 
 of^kiTeJ^dicted (^) ^^ ^^^ prosecution or proceedings imder this and the 
 Pf.'f™° as next preceding sections no interdicted person required to be 
 examined a- a witness shall be excused from being so examined 
 pr from answering any question put to him touching the sale 
 or delivery to him of any liquor on the groimd that his eviaence 
 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 disclosure 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 pimishments 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 
 witness vmder the provisions of section 123 hereof in respect of 
 
LIQUOll LICENSE 665 
 
 any matter regarding which he has been so examined shall be 
 stayed iipon the production and proof of such certificate if the 
 said certificate states that such witness made a true' disclosure 
 in respect to all things as to which he was examined. 
 
 (3) Whenever the sale of liquor to any such drunkard shall Penalty for 
 have been so prohibited any person with a knowledge of suchl'quorto 
 prohibition who gives, sells, purchases or procures to, for or on person 
 ^behalf of such prohibited person or for his or her use any liquor 
 during the period of such prohibition shall be guilty of an 
 ofl^ence and upon summary conviction thereof be liable to incur 
 for every such offence a penalty not less than $50 nor more than 
 $200 and in default of payment forthwith after conviction to 
 not less than two months' nor more than twelve months' 
 imprisonment and if a licencee his licence shall be forfeited. C. 
 0. 89, s. 122 ; 1900, c. 32, s. 19 ; 1901, c. 33, s. lY, and 1904,^ 
 c. 11, s. 5. , 
 
 133. Any person to whom the sale of liquor has been pro- interdicted 
 hibited under this Ordinance who either directly or indirectly obtaining 
 
 . 1 . liquor 
 
 in any way procures or permits the sale, disposal, gift or deli- 
 very to him by any person of any intoxicating liquor shall be 
 liable on summary conviction thereof to a fine of not more thanP^"'^'''^ 
 $50 and in default of payment forthwith after conviction to 
 imprisonment for not more than one month ; in any prosecution 
 under this section if intoxication on the part of the defendant 
 be proved he shall be held to have been guilty of an offence and 
 in any such case it shall not be necessary in any proceedings to 
 fiate the n.vne of the person from whom the liquor has been 
 procured or hy whom the sale, disposal, gift or delivery of 
 liquor has been made. C. Q. 89, s. 123. 
 
 OPTION" GLAUSES. 
 
 134. ISTo licence shall be granted by the board for the sale Local option 
 of liquors within the limits of a licence district when it shall 
 
 have -been made to appear to the board in manner hereinafter 
 provided that a majority of three-fifths of the duly qualified 
 electors therein, who have voted at a poll taken as hereinafter Vote 
 S]:iecified, have declared themselves to be in favour of a prohibi- 
 tion of the sale of intoxicating liquors in their district and 
 against the issue of licences therefor. 
 
 (2) When a requisition is presented, accompanied by the sumProceedinga 
 of $100 to defray the expenses of the poll hereinafter specified by member 
 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 ■'• 
 
6G6 
 
 LIQUOE LICENSE 
 
 Preparation 
 
 of voters' list 
 
 Returning 
 officer 
 
 When poll 
 to be tiil^en 
 
 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 assembly), requiring a 
 vote to be taken as to whether or not such licence 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 
 scrutinise the names of the electors attached to such requisition, 
 and being satisfied that the names so attached are those of duly 
 qualified electors within the district, and after the person or 
 persons who have witnessed the signatures to the said requisi- 
 tic>n 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 ; 
 
 (&) 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 ascertain 
 whether or not sitch licences shall be granted ; and the member 
 of the board to whom the requisition has been presented shall 
 by an order inserted in any newspaper published in the district, 
 or if there be no newspaper published in such district, in the 
 newspaper whose place of publication is nearest to the said 
 district: 
 
 Firstly, appoint one of the inspectors for the district or 
 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 sufficient 
 in the opinion of the returning officer to record a full vote of 
 the electors of the district; the returning officer shall there- 
 upon give public notice of the taking of such poll in all the 
 newspapers if any published within the district, the publica- 
 tion to be continued in at least one niimber of each of such 
 papers each week for three successive weeks and also by posting 
 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 IS^ovember next ensuing on such day as shall be most con- 
 venient and not less than four weeks anc^ not more than seven 
 weeks from the date of the first publication of such notice, the 
 said poll to be taken between the hours of nine a.m. and five 
 p.m. of the day so appointed. 
 
LIQUOK LICENSJi 667 
 
 (3) For the purpose of taking the poll the returning officer Powers of 
 shall have all the powers for the preservation of the peace officer 
 which are by law vested in the returning officer at any election 
 
 of a member of the House of Commons of Canada and shall 
 have all the powers of appointing and swearing constables. 
 
 (4) The returning officer shall appoint a deputy returning ^ep"ty- 
 officer for each polling division comprised in the licence dis- officer and 
 trict and shall furnish each deputy returning officer with all 
 
 the necessary apparatus 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 form mutatis mutandis prescribed in schedule 
 Q of the Act of the Parliament of Canada which may be cited 
 ias The Dominion Elections Act, before the nearest resident 
 justice or commissioner for taking affidavits and shall be sub- 
 ject 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 Deputy 
 elector if required either one or both of the following oaths: officer may 
 
 administer 
 oath 
 
 No. 1. 
 
 You do swear that you are a male British subject; that you Form of oath 
 have attained the full age of twenty-one years; that you are 
 not an unenfranchised Indian; and that you have resided in 
 the ISTorth-West Territories for at least the twelve months and 
 in this licence district for at least the three months respec- 
 tively immediately preceding this . date. So help you God. 
 
 No. 2. 
 
 You do swear that you have not received any money or other Form of oath 
 reward nor have jovl 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. 
 
 (6) When any person presents himself for the purpose of Proceedings 
 voting the deputy returning officer shall cause the full name, oath taken 
 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 ; 
 
668 
 
 LIQUOE LICENSE 
 
 Manner of 
 conducting 
 poll 
 
 Proceedings 
 at close of poll 
 
 Examining 
 ballot papers 
 
 Noting 
 objections 
 
 Numbering 
 objections 
 
 "Written 
 statemeiit 
 of number 
 of votes 
 
 Certificate of 
 deputy 
 returning 
 • officer 
 
 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 to vote 
 and the words "Eefused 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 
 manner provided by The Canada Temperance Act and the 
 several clauses thereof under the headings "The Poll," "Secre- 
 tary,'^ "Penalties," "Preservation of Peace," "General Provi- 
 sions," "Prevention of Corrupt Practices," and "Penalties and 
 Punishments Generally," shall be read and construed as a part 
 of this Ordinance except where the same may be inconsistent 
 with any of the provisions herein contained. 
 
 (8) Immediately after the close of the poll the deputy 
 returning oiScer 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 
 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 
 to any ballot paper found in the ballot box and decide on any 
 c[aestion arising out of the objection; 
 
 o. Number such objection and place a corresponding num- 
 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 
 rejected and make a written statement of the number of votes 
 given for or against the granting of licences 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 authorised to be present as may desire to sign. 
 the same; 
 
 5. The deputy returning oificer shall then certify under his 
 own hand in full words on the voters' list the total number of, 
 persons who have voted at the polling place at, which he is 
 appointed and make up into separate packets : 
 
 (a) The statement of votes given for or against the 
 granting of licences respectively and of the rejected 
 ballot papers; 
 
LIQUOK LICENSE C69 
 
 (b) 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 ; 
 
 (d) The rejected ballot papers ; 
 
 (e) The declined and cancelled ballot papers; 
 
 (f) The voters' list; 
 
 which packets closed up and sealed with his own seal and with 
 the seal of any persons present desiring to affix their seals 
 thereto and marked on the outside with a memorandum de&ig- 
 natiup, their respective contents shall by the deputy returning 
 officer be transmitted forthwith to the returning officer. 
 
 (9) At the time and place iixed for declaring the result of Declaration 
 
 ^ , '^ ° . . of result o( 
 
 the poll the returning officer shall open the packets containing pou 
 the statement of votes given for or against the granting of 
 licences respectively and there publicly declare the result. 
 
 (10) As soon as possible after the result has been announced Ballot boxes, 
 the ballot boxes, packets and returns shall be deposited in the disposition of 
 office of the board. 
 
 (11) Objections to any act or proceeding unaer this section Objections to 
 
 1 T- •• Tfii- T rr' I'll proceedings 
 
 must be made m writing and hied m the office oi the board 
 within eight days after the ballot boxes, packets and returns 
 are deposited in the said office ; such objections shall be consid- 
 ered 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 licences 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. 
 
 (12) ITothing in this section shall be construed as permit- Defect ot form 
 
 , '^ , , or irregulanty 
 
 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 execution of the same. 
 
 (13) The decision of the three-fifths of the electors against when decision 
 
 ,, -T . , .... . shall come 
 
 "the granting of licetices as declared at the poll shall come into into force 
 force in the then ensuing licence year beginning on the first 
 •day of July and such prohibition shall continue in full force 
 
670 
 
 LIQUOR LICENSE 
 
 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 appeal. 
 
 (14) In case of any such vote being taken as provided iioi 
 this section then no new vote other than that provided for in 
 this section shall be taken for a period of three years thereafter. 
 
 (15) The expenses for the. taking of such vote over and 
 ourofgenprai above the sum of $100 provided to be paid under this section 
 
 revenue fund ••- j- ± 
 
 shall be defrayed out of the general revenue fund of the Terri- 
 tories, such expenses to be certifid to by the board for the dis- 
 trict 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. 
 C. O. 89. s. 124. 
 
 When new 
 vote can be 
 taken 
 
 Expenses to 
 be defrayed 
 
 PARTIAL REPEAL OF THE NORTH-WEST TERRITORIES ACT. 
 
 Sections 92 to 
 inOof N.W.T. 
 Act repealed 
 
 Exception 
 
 Proclamation 
 to bring into 
 effect 
 
 prohibitory 
 clauses of 
 N.W.T. Act 
 
 135. Sections 92 to 100 both inclusive of The NorihAYest 
 Territortes Act, chapter 50 of The Revised Statues of Canada 
 together with all amendments thereto in so far as they apply to 
 the Territories comprising the several electoral divisions men- 
 tioned in the schedule to chapter 22 of the Act of the Parlia- 
 ment of Canada 54-55 Victoria intituled An Act to amend the 
 Acts respecting the North-West Territories are hereby repealed 
 except as to all that portion of Alberta north of a line drawn 
 as follows: Commencing at the point of intersection of the 
 western boimdary of Alberta by the line between townships 
 numbered iifty-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 survey ; 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 foi'ce and effect: 
 
 Provided thai the Lirjifcnaiif Governor may hy proclamation 
 declare the provisions of the said sections 92 to 100 to he in 
 force from a day to he mentioned in said proclamation in any 
 part of that portion of the Territories specified in this section 
 and thereupon the provisions of the said sections 92 to 100 shall 
 he deemed to he re-enacted from the day so mentioned in respect 
 of that part of the Territories specified in the said proclama- 
 tion. C. 0. 89, s. 125 and 1903, Sess. 1, c. 26, s. 15 
 
LIQUOR LICENSE G71 
 
 MEMBERS OP ASSEMBLY. 
 
 136. ISTo member of the Legislative Assembly except he be t^^^fs^arive' 
 a licencee shall be a party to any bond to be given imder this Assembly 
 Ordinance nor shall he be a party to any petition imder thia 
 Ordinance. C. O. 89, s. 126. 
 
 SCHEDULE 1. 
 FORM A. 
 
 (Section 28.) 
 
 To the Licence Commissioners: 
 
 The petition of the undersigned hmnbly sheweth : 
 
 That your petitioner makes application for a renewal of {!) 
 a (2) licence to sell intoxicating liquors 
 
 in the building occupied by your petitioner at 
 in the electoral district of > , and 
 
 described as (3) 
 
 Your petitioner hath deposited with the proper officer the 
 sum of $10 the fee payable for such application and produces 
 herewith receipt for same. 
 
 (4) [Your petitioner produces also the recommendation of 
 at least ten out of the twenty nearest householders to the said 
 
 also his own affidavit and the affidavit 
 of two respectable neighbours to prove his qualification to 
 obtain a licence.] 
 
 And your petitioner prays that a licence may be granted 
 him accordingly. 
 
 (1) // a first application strike out the words in italics] 
 
 (2) Insert description of licence as hotel or wholesale; 
 
 ( 3 ) Here give full description of premises: 
 
 (4) The words in hraclcets to he left out ivhere form B not 
 required. C. O. 89. 
 
673 LIQUOK LICENSE 
 
 FOEM B. 
 
 {Sections 28, 29, Sk, S7, 38, 40.) 
 
 We the undersigned hereby severally declare that 
 is personally known to us, that we are at least ten of the twenty 
 householders nearest in a direct line to the 
 wherein the applicant intends to sell intoxicating liquors as 
 specified in his petition ; that we have read or heard read to us 
 the whole of this recommendation before signing it; and we 
 recommend the applicant as a fit and proper person to obtain 
 a licence to sell intoxicating liqiiors in the 
 
 to be occupied by the said applicant at 
 in the electoral district of and we 
 
 consider it for the convenience of the public that a liceuiO® 
 should be granted to the said applicant. 
 
 Name 
 
 Date of 
 signature 
 
 Distance in yards in a direct 
 
 line from the proposed 
 licensed premises 
 
 I, the undersigned do certify that 
 
 all the persons whose names are appended to the withiii 
 recommendation are personally known to me and have signed 
 the same in my presence and the date upon which each person 
 sigTied the said recommendation is directly set opposite the 
 name of each person respectively. 
 
 Dated at in the District of 
 
 this day of A.D. 1 
 
 A.B., 
 J. P., or Commr., etc. 
 C. 0. 89. 
 
 FOEM C. 
 
 {8ectio7i 28.) 
 
 I, applicant for a licence to sell intoxi- 
 
 cating liquors, make oath and say : 
 
 That I am of the full age of twenty-one years. 
 
LIQUOR LICENSE 673 
 
 That I have never been convicted of any criminal offence 
 subject to imprisonment for five years or upwards. 
 Sworn before me at 
 in the district of 
 this day of 1 
 
 A.B., 
 A Justice of the Peace or A Commissioner, etc. 
 
 C. 0. 89. 
 
 FOEif D. 
 
 (Section 28.) 
 
 We, and , do severally make 
 
 oath and say: 
 
 That we are neighbours of , applicant 
 
 for a licence 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 auy criminal ofFence 
 subject to imprisonment for five years or upwards to our knowl- 
 edge; 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 
 
 • 
 
 dav of 
 
 1 
 A.B., 
 
 
 
 A Justice of the Peace or A Commissioner, etc. 
 
 
 C. 0. 89. 
 
 
 FORM E. 
 
 
 {Section Jf7 
 
 •) 
 
 FoEM OF Bond by Applicant eoe an Hotel or Whole- 
 sale Licence. 
 
 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 
 
674 LIQTJOE LICENSE 
 
 said in the sum of five hundred dollars of good and 
 
 lawful money of Canada the said m 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. 
 
 Whereas the above bounden is about to 
 
 obtain a licence 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 
 licence for the sale of liquor and does, performs and observes 
 all the requirements thereof and conforms to all rules and regu- 
 lations that are or may be established by competent authority 
 in such behalf; then this obligation 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.] 
 [I..S.] 
 
 C. 0. 89 and 1901, c. 33, s. 18. 
 
 FORM E 1. 
 
 (Section 47.) 
 
 Affidavit of Su'bety. 
 
 We, of the and of the 
 
 the securities in the ivithin bond named do severally make oath 
 and say as follows : 
 
 (1) /, the said , for myself say that I am a 
 householder residing at and that I am wc-rth 
 property situate in the North-West Territories to the amount 
 of two hundred and fifty dollars over and above the exemptions 
 allc'ived by law and ivhat will pay my just debts. 
 
 (2) And I, the said , for myself say that I am a 
 householder residing at ^nd that I am 
 
LIQUOE LICENSE 675 
 
 worth property^ situate in the North-West Territories, to the 
 amount of two hundred and fifty dollars over and ah&ve the 
 exemptions allowed hy law and what will pay my just debts. 
 
 The ahove named and were severally sworn 
 
 before me at this day of 190 
 
 A.B., 
 A Justice of the Peace or Commissioner, etc. 
 
 1904, c. 14, s. 6. 
 
 FOKM F. 
 
 {Sections 12 and 32.) 
 
 LiCEXCE. 
 
 Whereas of in the 
 
 district of has made application for a 
 
 licence to sell intoxicating liquors and it having 
 
 been made to appear to the board of licence 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 
 imtil midnight on the 
 
 Dated this 
 
 ; day of 
 day of 
 
 1 . 
 
 1 
 
 day of 
 
 1 
 CD. 
 
 • 
 
 Atto, 
 
 rney General. 
 
 0. 0. 89 and 1900, 
 
 c. 32, s. 
 
 1. 
 
 FOKM G. 
 
 
 ( 
 
 {Sections 36, 38 and 1^S.) 
 
 To the Licence Commissioners : 
 
 We the undersigned do hereby protest against the granting 
 of a licence to sell intoxicating liquors as a 
 to for the following reasons : {Here set forth 
 
 reasons) . 
 
676 
 
 LIQUOB LICEXSE 
 
 Name 
 
 Distance in yards in a direct line 
 
 from the proposed licensed 
 
 premises 
 
 Date of 
 signing 
 
 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 licence 
 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 Xorth-'\\'est Ten-;vories 
 
 this day of , A.D. 1 
 
 A.B., 
 iV Justice of the Peace or A Commissioner, etc. 
 
 C. 0. 89. 
 
 FORM H. 
 
 (Section 98.) 
 
 FoE^i OF Declaeation of Forfeituee and cf Oedee to 
 Desteoy Liquoe Seized. 
 
 // in conviction, after adjudging penalty or Imprisonment, 
 vroceed thus: 
 
 And I declare the said liquor and vessels in which the same 
 is kept to wit: two barrels containing beer, three jars con- 
 taining whiskey, two bottles containing gin, four kegs con- 
 taining 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. 
 
 C. O. 89 and 1901, e. :3;3. s. 18 and 1904. c. 14, s. 7. 
 
LIQUOK LIOEI^rSE ' ' 
 
 rOEM I. 
 
 If by separate or subsequent order : 
 
 Canada, n 
 
 North- West Territories, l 
 Towit: 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 
 
 at the of in the said ISTorth-West Terri- 
 
 tories, duly convicted X.Y. of having unlawfully kept liquor 
 without a licence, do hereby declare the said liquor and vessels 
 in v?hich 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.J 
 C. O. 89 and 1901, c. 33, s. 18 and 1904, c. 14, s. 7. 
 
 rOKM J. . ) 
 
 (Section 120.) 
 
 Canada ) ^® ^* remembered that on the 
 
 I day of 
 
 North- West Territories, j A D 1 
 
 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 one year from the date 
 hereof no licencee 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. 
 
 C. O. 89.. 
 
CrS i.ujijoit j.ice:vse 
 
 FOIiM K. 
 
 (Section 121.) 
 
 XOTICE OF IjS^TEKDICTION. 
 
 Regina. 1 
 
 A.B., of in the Xorth-West Territories. 
 
 Sir, — 
 
 In pursuance of The Liquor License Ordinance you are 
 hereby notified that CD., of in the District 
 
 of labourer {or as the case may be) is inter- 
 
 dicted from the use of intoxicating liquors, on order made by 
 G.H., a justice of the peace in and for the Sorth-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 proLibited 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 nvelve months' imprisonment, and 
 if you are a licincee, forfeiture of licence. 
 
 Your obedient servant, 
 
 E.F., 
 Attorney General. 
 C. 0. 89 and 1900, c. 32, ss. 1 and 20. 
 
 ^ FOE^I L. 
 
 {Section 122.) 
 
 JSToTiCE OF Inteediction. 
 
 Take notice that under the provisions of section 122 of The 
 Liquor License Ordinance 1 have been required by 
 {here state name and authority of person luho 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 {heir insert name and description of person) any 
 
LIQUOE LICENSE 6Y^ 
 
 intoxicating liquor under a penalty of two hundred dollars and 
 absolute forfeiture of your licence. 
 
 Dated this day of A.!). 1 
 
 E.F., 
 
 Inspector. 
 C. O. S9 and 1900, c. 32, s. 1 and 1904, c. 14, s. 8." 
 
 FOKM M. 
 
 {Section 122.) 
 
 JSToTiCE 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 interdic- 
 tion is made) T 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 observe this interdiction will 
 render you liable to a penalty of $50. 
 
 Dated at this day of 19 
 
 A.B. 
 
 Inspector. 
 1904, c. 14. s. 9. 
 
 SCHEDULE 2. 
 EoEMS FOE Desoeibing Offences. 
 
 1. Neglecting to Tceep licence expo'sed. 
 
 That X. Y., having a licence for sale by wholesale (or an 
 hotel licence) on unlawfully 
 
 or wilfully {or negligently) omitted to expose the said licence 
 in his warehouse {or in the bar room of his hotel as the case 
 may be). 
 
 2. Sale without licence. 
 
 That Z. 7., on the clay of 
 
 in the year of our Lord one thousand 
 
 at in t^e 
 
 "of unlawfully did sell liquor without the 
 
 licence therefor by law required.- 
 
'680 ..' LIQUOE LICENSE 
 
 -■;. Keeping liquor withc-ut licence. 
 
 That A'. Y. on at 
 
 nnlawfully did keep liquor for the purpose of sale, barter and 
 traffic therein without the licence therefor by law required. 
 
 4. Sale of liquor on licensed premises during prohibited 
 hours. 
 
 That A'. F., 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 The Liquor License 
 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. AUoivincj liquor to he drunk on licensed premises during 
 prohibited hours. 
 
 That X. Y., on at in 
 
 his jjremises, 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 than one quart under wholesale licence. 
 That X. Y., having a wholesale licence 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). 
 
 1. Alloifing liquor to he consumed upon wholesale premises. 
 
 That X. Y., having a wholesale licence on 
 at unlawfully did allow liquor sold by him 
 
 (cr in his possession) and for the sale of which a licence is 
 required, 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 
 pnirehaser 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 liquor 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 Ordin- 
 ance. 
 
LIQUOE LICENSE 681 
 
 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.J 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. Compromising 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 
 attempt 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 stop- 
 ping or of having the complaint made in respect thereof dis- 
 missed, as the case may be). 
 
 12. Being concerned in compromising a prosecution. 
 
 That X.J'.,, 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.J 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 of 
 his duty (or did obstruct or attempt to obstruct J^. F. an officer 
 making searches in the said premises and in the premises con- 
 nected with such place). 
 
 14. Officer refusing to prosecute. 
 
 That X.Y., being a police officer (or constable or inspector of 
 licences) in and for the knowing that 
 
 O.P. had on at committed an offence 
 
 against a provision of The Liquor License Ordinance, unlaw- 
 fuUy and wilfully did and still does neglect to prosecute the 
 said O.P. for his said offence. 
 
682 LIQUOE LICEISrSE 
 
 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 licence 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 hona 
 fide guest, lodger or traveller. 
 
 lY. Allowing internal communication hetiveen licensed and 
 unlicensed premises. 
 
 That X. Y.,. at on 
 
 unlawfully did sanction (or allow) to be made or used an 
 internal communication between his licensed premises and 
 unlicensed premises which are used for ptiblic entertainments 
 and resort (or as a refreshment house). 
 
 18. Obtaining liquor hy false representations. 
 That X.Y., 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 X.Y., by excessive drinking of liquor misspends, wastes 
 (or lessens if the fact he so) his estate (or greatly injures his 
 health or endangers or interrupts the peace and happiness of 
 his family). C. O. 89. 
 
 FORM M. 
 
 FoEM OF Information- Laid or Complaint Made as the 
 
 Case may be. 
 
 Canada, 1 The information of A.B., of the 
 
 ISTorth-West Territories, r of in 
 
 To wit: ithe of laid 
 
 (or complaint made as the case may he) upon oath (or affirma- 
 
LIQUOR LICENSE 683 
 
 tion) before me CD., one oijiis 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 liquor without the licence therefor by law required ( or 
 as the case may he). 
 
 Laid, sworn, (or affirmed) and 
 r-igned belore me the day and 
 year, and at the place first 
 above mentioned. 
 
 CD., 
 
 'T.P. ] A.B. 
 
 C. 0. 89 and 1901, c. 33, s. 18. 
 
 FORM 1^. 
 
 FoEM OF Information- foe Second^ Third or Fourth 
 Offence. 
 
 Canada, | The information of A.B., .of 
 
 l^orth-West Territories. I etc., laid upon oath (or affir- 
 
 To wit: j mation) 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 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 
 'lav of 1 , at the of 
 
 in the of unlawfully sold 
 
 liquor without the licence therefor required by law (or as the 
 case may he) ; 
 
084 UQUOIJ I-ICENSK 
 
 And further that the said X.Y. was previously, to wit: on 
 the day of 
 
 A.D. 1 , at the of ' 
 
 in the of , before, 
 
 etc.,, {as in precedinj paragraph) again daly convicted of 
 having on the day of 
 
 A.D. 1 , at the of in 
 
 the of , having a 
 
 wholesale licence, unlawfully allowed 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 day of A.D. 1 , 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 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 afiirmed) and' 
 signed before me the day and 
 year, and at the place first 
 almve mentioned. 
 
 CD.. 
 J.P. 
 
 A.B. 
 C. 0. 89 and 1901, c. 33, s. 18. 
 
 FOEM O. 
 
 SuMMoxs TO Witness. 
 
 Canada, 1 
 
 North- West Territories, j 
 
 To wit: J 
 
 To J.K., of the of in 
 
 the of 
 
LIQUOE LICEHSE 685 
 
 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 X. Y. , being a druggist, on the day 
 
 of A.i). 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 appeat to me that 
 you are likely to give material evidence on behalf of the prosecu- 
 tion 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 Avhat you know concerning 
 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 A'. I'., and all 
 other books and papers, accounts, deeds and other documents 
 in your possession, custody or control relating tn any matter 
 connected with the said prosecution). Herein fail not. 
 
 Given under my hand and seal this day 
 
 of A.f). 1 at the of in 
 
 the of 
 
 CD., [l.s.J 
 J.P. 
 C. O. 80 and 1901, c." r,3, s. 18. 
 
 FORM P. 
 
 Form of Coxvictiox foe Fiest Offence. 
 
 Canada, ] 
 
 ISTorth-AYest Territories. - 
 
 To wit: J 
 
 Be it remembered that on the tlay 
 
 of A.D. one thousand 
 
 at the of ^^ 
 
 ^}jg of '^■^- i*^ convicted 
 
 before me, E.F., one of his ^lajesty's justices of the peace in 
 and for the Xorth-West Territories, for that he, the said A.I .. 
 on the day of A.D. one 
 
 thousand ■ ^* ^^« 
 
686 LIQUOE LICENSE. 
 
 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 
 Ordinance for the sale of the same without any requisition for 
 medicinal purposes as required by the said Ordinance being 
 produced by the vendee or his agent {or as the case may he), 
 A.B. 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 smns 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 he 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 hetween the asteris'ks* 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 several 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 
 J.P. 
 C. 0. 89 and 1901, c. 33, s. 18. 
 
 FOEM Q. 
 
 Form of CoirviCTioisr eoe a Third Offence. 
 
 1 
 
 Canada, 
 
 North- West Territories. 
 
 To wit : 
 
 Be it remembered that on the day of 
 
 in the year of our Lord one thousand 
 at of in the X. Y. is 
 
■LIQUOK LICENSE GSl 
 
 convicted before the tindersigned C.B., one of Ms Majesty's 
 justices of the peace in and for the said Territories for that he 
 the said X.Y. on the day of 
 
 A.D. one thousand at 
 
 in the said (^as the case may he) having 
 
 violated a provision of The Liquor License Ordinance unlaw- 
 fully 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 he) ; 
 
 And it appearing to me that the said X.Y. was previously, to 
 w it : on the day of A.D. 1 , 
 
 at the of before, etc., 
 
 duly convicted of having on the day of 
 
 A.D. 1 , at the of unlawfully sold liquor 
 
 without the licence therefor by law required {or as the case 
 may he) ; 
 
 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 ahove) 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 he) ; 
 
 I adjudged the offence of the said X.Y., hereinbefore firstly 
 mentioned, to be the 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 may he). 
 
 Given under my hand and seal the day and year first above 
 mentioned, at in the 
 
 of 
 
 CD., [l.s.J 
 J.P. 
 C. O. 89jind]901, c. 33, s. 18. 
 
688 LIQUOE LICENSE 
 
 rOKM K. 
 
 WaERANT of CoMitlTilENT FOR FlEST Ol'TENCE WHERE A 
 
 Penalty is liiPOSED. 
 
 Canada, ] 
 
 North- West Territories. I * 
 
 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 AM', late of the of 
 
 in the said was on this day convicted before 
 
 the imdersigned CD., one of Tiis Majesty's justices of the 
 peace in and for the ISTorth-West Territories, for that he, the 
 said X.Y., on at unlawfully did 
 
 sell liquor without the licence therefor by law required {state 
 ofl'ence as in the conviction) (A.B. being the informant) and it 
 .was thereby adjudged that the said X.Y. for his said otfence 
 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 ;- 
 
 ^Vnd 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 ; 
 
 [If a distress warrant issued and was returned no goods or 
 not sufficient goods, say : 
 
 And whereas afterwards 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 X.Y. ; 
 
 And whereas it appears to me as well by the return of the 
 said warrant of distress by the constable who had the execution 
 of the same or otherwise that the said constable has made dili- 
 gent search for the goods and chattels of the said X.I', but that 
 no sufficient distress whereon to levy the said sums could be 
 found.] 
 
LIQUOE LICEKSE C89 
 
 [Or where the issuing of a distress warrant would he 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 coinmand 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 
 
 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 war- 
 rant. 
 
 (riven under my hand and seal this day of 
 
 A.T). 1 , at 
 
 CD., [L.S.] 
 J.P. 
 
 C. O. 89 and 1901, c. 33, s. 18. 
 
 LIQUOR LICENCE. 
 
 AilENDMEXT. 
 
 An Ordinance to amend Chapter 89 of The Consoli- 1900, c 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Sale of Intoxicating Liquors and 
 the Issue of Licences therefor." 
 
 [Assented to May h 1900.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of -the.. Legislative Assembly of the Territories 
 enacts as follows : 
 
 3-2 
 4 May, 190" 
 
'690 
 
 LIQUOE LICENSE 
 
 Attorney 
 
 General 
 
 substituted 
 
 fof chief 
 
 license 
 
 inspector 
 
 1. The Liquor Licence, Ordinance is hereby amended by 
 slriking out the words "chief inspector" and "chief licence 
 inspector" where they occur therein and substituting therefor 
 the words "attorney general." 1900, c. 32, s. 1. 
 
 3. to 21. 
 
 Affidavits 
 of merits 
 on appeal 
 
 33. ISTo appeal shall lie from a conviction lor any violation 
 or contravention of any of the provisions of this Ordinance 
 unless the party appealing 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 
 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, servant or employee of the accused or any other person 
 with his knowledge or consent ; which affidavit shall be trans- 
 mitted with the conviction to the court to which the appeal is 
 
 (2) Any justice making a conviction for any violation or 
 contravention of any of the provisions of the said Ordinance 
 shall not transmit the conviction to the court to which an appeal 
 is given unless and 'until the affidavit required hy this section 
 has been made and deposited icith him j and unless such affidavit 
 shall be made and deposited with such justice within the time 
 limited -hy this section any notice of appeal or other proceed- 
 ings 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. 
 
 (3) Upon notice being given of appeal from a conviction for 
 an infraction of the said Ordinance a consequence of ivhich 
 conviction is a forfeiture of the license of the person convicted 
 and upon the affidavit required by this section being made and 
 deposited as provided the attorney general may apply to the 
 court to ivhich such appeal is made to expedite the hearing of 
 the said appeal and to fix a 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 and 1901, c. 33, s. 21. 
 
 mSon°' ^^- ^0 ^^it °^ certiorari sha,ll issue for the purpose of 
 
 certiorari quashing any conviction for any violation or contravention of 
 
 any of the provisions of this Ordinance unless the party 
 
LIQUOR LICENSE g9]_ 
 
 applying therefor shall produce to the judge to whom the 
 application is made an affidavit that he did not by hmself or by 
 his agent, servant or employee or any other person with his 
 knowledge or consent commit the offence charged in the infor- 
 mation; 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. 1900, c. 
 •32, s. 23. 
 
 LIQUOR LICENCE. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 89 of The Consoli- 12 June, 1901 
 dated Ordinances i8g8, intituled "An Ordinance 
 respecting the Sale of Intoxicating Liquors and 
 the Issue of Licences therefor." 
 
 [.Assented to June 12, 1901.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. to 17. * * * * * * * 
 
 18. The forms in the schedules to the said Ordinance are |^,JJ,™|p3 
 hereby amended by substituting for the words "her Majesty" 
 where they occur therein the words "his Majesty" and for the 
 words "Queen Victoria, Her Heirs and Successors" where they 
 occur therein the words "King Edward the Seventh, His Heirs 
 
 and Successors." 1901, c. 33, s. 18. 
 
 19. The attorney general may grant licences to commercial ^ra^euer"^^ 
 travellers and agents empowering them to take orders in the''''®°*® 
 Territories for liquor to be imported into the Territories to fill 
 
 ■juch orders. 
 
 (2) Such licence 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 Territries t^ all 
 such specific orders. 
 
 * 
 
 (3) Such licence 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 
 
G92 
 
 LIQUOE LICENSE 
 
 Quantities 
 that may be 
 sold 
 
 without having obtained the licence in this section mentioned 
 shall be liable to the penalty prescribed by section 85 of the 
 said Ordinance. 1901, c. 33, s. 19. 
 
 30. The licence granted under the next preceding section 
 shall authorise the sale of liquor only in quantities of not less 
 than five gallons in each cask or vessel at any one time or where 
 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. 
 
 (2) The provisions of the said Ordinance as to applications 
 for licences and the proceedings tbereunder shall not apply to 
 licences granted under either of the two next preceding 
 sections. 
 
 (3) Such licence shall expire on the thirtieth day of June 
 in each year and the fee payable therefor- shall be $210. 
 1901, c. 33, s. 20 and 1903, Sess. 1, c. 26, s. 16. 
 
 31. 
 
 nanc?and ^^^ ^^^^ Ordinance and chapter 32 of the Ordinances of 
 
 mo^toform"^ ^^00 shall Lc read with and form part of The Liquor Licence 
 
 partofLiquor Ordinance. 
 
 JLicense 
 Ordinance 
 
 1901. c. 
 
 •>■> 
 
 LIQUOR LICENCE. 
 
 ASIENDMEXT. 
 
 lo^juTe^woV" An Ordinance further to amend Chapter 8q of The 
 Consolidated Ordinances 1898, intituled "An 
 Ordinance respecting the Sale of Intoxicating 
 Liquors and the Issue of Licences therefor." 
 
 ^Assented to June 19, 1903.] 
 
 npi-IE Lieutenant Gnvprnov by and with the , advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. to 16. " * * * * - * 
 
 Brewers and 
 
 distillers 
 
 licenses 
 
 17. Sections 81 and S,") of the said Ordinance shall not pre- 
 vent any In'cwer, distiller or other person duly licensed l)y the 
 Government of Canada for the manufacture of spirituous, 
 fermented or other liquors from keeping or selling in such 
 
LIVERY STABLE KEEPEUS 09o 
 
 quantities as are hereby authorised any liquor man\if aetured 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 authorised to be manu- 
 factured under such licence 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 applied for and 
 obtained a licence to sell by wholesale in the qiiantities here- 
 inafter specified. 
 
 (2) The licences granted imder this section shall authorise Quantities 
 
 ^ . . . . . tnatmay 
 
 the sale of liquor in quantities of not less than three gallons m be sold 
 each cask or vessel at any time or Avhere 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 applications for 
 licences and the proceedings thereon shall not apply to licences 
 gi-anted under this section. 
 
 (4) Such licence shall expire on the thirtieth day of Jtme in 
 each year and the fee payable therefor shall be $210 or a pro- 
 portionate part thereof. 1903, Sess. 1, c. 26, s. 17. 
 
 18. In any prosecution for the violation of any of the pro- Amendment^^ 
 visions 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 therein 
 any other offence against the provisions of said Ordinance, but 
 if it appears that the person charged has been materially misled 
 by such variance he shall be granted an adjournment of the 
 hearing if he applies therefor. 1903, Sess. 1. c. 26, s. IS. 
 
 LITERARY INSTITUTES. 
 
 See MECHAXics' axd literaey institutes. 
 
 LIVERY STABLE KEEPERS. 
 
 An Ordinance respecting" Keepers of Livery, Boarding c.o^^»8o.^w 
 and Sale Stables. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
694 LIVEEY STABLE KEEPERS 
 
 SHORT TITLE. 
 Short title 
 
 1. This Ordinance may be cited as "The Livery Stable 
 Keepers' Ordinance." C. 0. 5Y, s. 1. 
 
 INTEEPEETATION. 
 
 Interpretation 3. In ttis Ordinance unless the context otherwise requires : 
 
 "Livery 1. The expression "livery stable keeper" means and includes 
 
 any person who for a money consideration or the equivalent 
 thereof carries on the business of letting or hiring out carriages, 
 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 ; 
 
 "Boarding 2. The expression "boarding stable keeper" means and 
 
 stable keeper" . ic -i- 
 
 includes any person who, tor a money consideration or its 
 equivalent, stables, boards or cares for any animal; 
 
 sfahf^k " ^' '^^® expression "sales stable keeper" means and includes 
 any person who stables, boards or cares for any animal other 
 than his own, with the intention of selling 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. C. 
 O. 57, s. 2. 
 
 lie:s' of a stable keeper, en^foeceme^s-t. 
 
 animal" ^" ^'^^^'J livcry Stable, boarding stable or sales stable keeper 
 
 and effects shall have a lien on the animals and effects hereinafter men- 
 tioned for the value or price of any food, care, attendance or 
 accommodation furnished for any such animal or effects and in 
 Pe'enMon^for addition to all other remedies provided by law may detain in 
 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 animal. C. 0. 57, s. 3. 
 
 anfmaisand 4. Every livery stable, boarding stable or sales stable keeper 
 
 detained who has exercised the right of detention by this Ordinance 
 
 provided shall be obliged to keep in his possession and be 
 
 responsible for the proper care of any animal or effects detained 
 
 by him for the full period of such detention unless they shall 
 
 saieb sooner be released; and if the owner does not reclaim the 
 
 public auction 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 
 
LIVEEY STABLE KEEPEKS 695 
 
 ^ame to be sold by public auction on giving two weeks' notice 
 -of sale by advertisement iu 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 ^otiee of sale 
 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 ; 
 
 (5) The amoimt of indebtedness and charges for deten- 
 tion; 
 
 (c) A description of the animals and effects; and 
 
 (d) The name of the seller. C. O. 57, s. -i. 
 
 5. The proceeds derived from such sale shall be applied : Application 
 
 ^ -*• or proceeds 
 
 (a) In paying the expenses incurred by such detention," 
 advertising and sale ; 
 
 (6) 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. C. O. 57, 
 
 s. 5. 
 
 6. In case such owner does not apply for the same within s^''^"'^? °.* 
 one month from the dav of such sale then siich surplus shall be not claimed 
 
 1 rri " . . -^ . . to be handed 
 
 handed over to the Territorial treasurer to be kept by him in a to Territorial 
 
 . , . . . treasurer 
 
 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 
 ^he Territories. C. O. 57, s.'g. 
 
 OEDIJ^^AKCE TO BE POSTED. 
 
 "y- It shall be the diity of every livery stable, boarding stable Copy of 
 
 •' . . 1 Ordinance 
 
 ■and sales stable keeper to have a copy of this Ordinance hungi-o be posted 
 ■or posted in a conspicuous place in every such stable and in 
 default of compliance with thi^ section he shall not be entitled 
 'to the benefit of this Ordinance. C. O. 57, s. 7. 
 
 PEEIODICAL CLEANSING OF STABLE. 
 
 8. Every livery stable, boarding stable and sales stablel ^^^^^® ^^J"® 
 keeper in the Territories shall in each and every year in the SilfSte^d "^ 
 months of April and October thoroughly cleanse all the stalls, ^^^^^ ^^^''^ 
 managers and feed boxes in such stable by thoroughly washing 
 
696 , LOCAL IJIPEOVEMENTS 
 
 the same with soap and hot water and immediately afterwards 
 thoroughly applying to every part of the same a solution of 
 bichloride of mercury 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 $10 and to a fine of not more than $25 for every subse- 
 quent offence. C. 0. 57, s. 8. 
 
 LOCAL IMPROVEMENTS. 
 
 21 Nov^.^i903 ^* All Ordinance respecting Local Improvement Districts. 
 
 [Assented to November 21, 1903.~\ 
 
 rr\KE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 
 enacts as follows : 
 
 SIIOET TITLK. 
 
 Short title j_ rj,^^^ Ordinance may be cited as "The Local Improvement 
 
 Commence- Ordinance" and shall commence and take effect on and from 
 the first day of January, 1904. 1903, Sess. 2, c. 21, s. 1. 
 
 INTEEPKETATTOX. 
 
 3. In this Ordinance unless the context otherwise requires: 
 
 1. "Commissioner" means commissioner of public works; 
 
 2. "Department" means the department of public works for 
 tie Territories ; 
 
 3. "Local imiDrovement branch" means the local improve- 
 ment branch of the department ; 
 
 4. "Clerk of the local improveiTient branch" means the clerk 
 in charge of that branch of the department ; 
 
 5. "District" means a district constituted imder the provi- 
 sions of this Ordinance; 
 
 6. "Division" means a division of a district; 
 
 Y. "Large district" means any large local improvement dis- 
 trict constituted under the provisions of this Ordinance ; 
 
LOCAL IMPEOVEMENTS GU7 
 
 8. "Outlying area" means any portion of the Territories no 
 part of which is within a municipality, village or district; 
 
 9. "Council" means a council of a district; 
 
 10. "Coimcillor'' means a member of any district council 
 and includes the chairman of the council ; 
 
 11. "Secretary" means the secretary of a council and 
 includes any person for the time being appointed by such 
 council to perform the duties of secretary, treasurer or secre- 
 tary treasurer ; 
 
 12. "Elector" means a person qualified to vote at any elec- 
 tion under this Ordinance ; 
 
 13. "Owner" includes any person who has any right, title 
 or estate whatsoever or any interest other than that of a mere 
 occupant in any land ; 
 
 14-. "Occupant" includes the inhabitant occupier of any land 
 or if there be no inhabitant occupier the person entitled to the 
 possession thereof and the leaseholder or holder under agree- 
 ment for lease and holder under agreement for sale rnd my' 
 person having or enjoying in any way or for any purpose what^ 
 soever the use of land; 
 
 15. "Ratepayer" means any owner or occupant over eighteen 
 years of age of land in any district ; 
 
 16. "Resident" means any owner or occupant of land over, 
 eighteen years of age residing in any area proposed to be 
 organised or established as a district; 
 
 17. "Taxable person" means any person who may bs taxed 
 in respect of ownership or occupancy of any land ; 
 
 18. "Land," "lands" or "real property" includes lands, tene- 
 ments and hereditaments and any estate or interest therein; 
 
 19. "Public notice" or "published" means a notice published 
 in some newspaper issued in or near the area within which 
 notice is to be given or by written or printed placards contain- 
 ing the notice affixed to public places within the area : In cases 
 where notice is required to be given of any document or its 
 contents 'it shall be sufficient if the notice sets forth the object, 
 purport or general effect of the document ; 
 
 20. "Prescribed" means prescribed under or by this Ordin- 
 ance or by any regulation or resolution made under its 
 authority ; 
 
 21. "Gazetted" means published in the official gazette; 
 
 22. "Person" includes corporations, joint stock companies 
 and partnerships; 
 
G98 LOCAL IMPKOVEMENTS 
 
 23. "Year" means the calendar year. 190;i, Sess. 2, c. 24^ 
 s. 2. 
 
 CONSTITUTION OF DISTEIGTS. 
 
 of districts 3. The Lieutenant Governor in Council may by order : 
 
 1. Constitute a district which shall comprise an area of not 
 less than 108 nor more than 216 square miles and contain a. 
 resident population in the proportion of one resident to each 
 two square miles; 
 
 2. Describe the boundaries thereof and assign a name and 
 number thereto in accordance with the provisions of this Ordin- 
 ance ; * 
 
 3. Determine of how many members the council thereof 
 shall consist ; 
 
 4. Sever any portion of a district from such district and con- 
 stitute the same a separate district or annex the same to any 
 other district with which the same forms one continuous area 
 and from time to time make any apportionment of property 
 rights and liabilities and give any directions as to any matters 
 and things that may be necessary ; 
 
 5. Annex to any district an outlying area forming one 
 continuous area with such district ; 
 
 6. Subdivide or resubdivide any district; 
 
 7. Alter the boundaries of or abolish the divisions of any 
 district ; 
 
 8. Alter and adjvist the boundaries of coterminous districts 
 and determine any questions arising out of such alterations or 
 adjustment ; 
 
 9. Constitute any area within a district a village tinder the 
 provisions of The Village Ordinance ; 
 
 10. Settle and adjust any rights, liabilities or matters which 
 in consequence of the exercise of any of the foregoing powers 
 require to be adjusted. 1903, Sess. 2, c. 24. s. 3. 
 
 Conditions for 4, The Lieutenant Governor in Council may constitute any 
 
 constitution ..,., . -^ ^ 
 
 of districts distvict ivhich sfiall compnse an area of not less than 108 nor 
 more than 216 square miles and contain a resident population 
 in the proportion of one resident to each three square miles on 
 receipt of a petition as hereinafter provided 1904, c. 8, s. 2. 
 
 Requisites 5. Every petition for the constitution of a district shall be in 
 
 of petition , ,. -t i i xi • • 
 
 the form prescribed by the commissioner and signed by at least 
 twenty-five residents each of whom is the owner or occupant of 
 ratable land therein. 1903, Sess. 2, c. 24, s. 5. 
 
LOCAL IMI'EOVEMENTS 699 
 
 6. Every signature to any petition shall be verified by the ^[^y,^,';|\I^^°" °^ 
 solemn declaration of some person signing such petition. 1903, 
 Sess. 2, c. 24, s. 6. 
 
 T. Every petition shall be accompanied bv the solemn opoiaration 
 
 .J" "^ to Hccoinpaiiy 
 
 declaration oi a resident m the district showing approximately petition 
 the number of residents in such district. 190:5, Sess. 2, c. 24. 
 s. 7. 
 
 8. If within one month after the receipt of the petition no Order to be 
 
 ii' • 1 n 1 1 • 1 • made, if no 
 
 suMicient cause shall be shown against the exercise oi any such oUjecUon 
 power as aforesaid the Lieutenant Governor in Council may 
 exercise such power. 1903, Sess. 2, c. 24, s. 8. 
 
 9. Any error made in any order under this part of this Rectification 
 Ordinance may be rectified by the Lieutenant Governor in in order 
 Council by any subsequent order. 1903, Sess. 2, c. 24, s. 9. 
 
 10. s\o order purporting to be made under this Ordinance Order not 
 shall be deemed invalid on account of any failure of any of the irregularity 
 conditi-ons or any noncompliance with any of the matters 
 required by this Ordinance as preliminary to such order and 
 
 no misnomer, inaccurate description or omission in any such 
 order shall in anywise suspend or impair the operation of this 
 Ordinance with respect to the matter or thing so misnamed, 
 niifidescribed or omitted. 1903, Sess. 2, c. 24, s. 10. 
 
 DISTPaCT COUl^CILS. 
 
 11. Every district shall be governed by a council composed council for 
 of not more than six and not less than three members, one of 
 
 whom shall be elected from each of the divisions of the district 
 which may be made by the Lieutenant Governor, in Council.. 
 1903, Sess. 2, c. 24, s. 11. 
 
 QUALIFICATION OF MEMBER OF COUNCIL. 
 
 12. Every person of the age of hventy-om years who is the '^^'^1^^^^^!°^^, 
 oivner or occupant of ratable land ivithin the division and is not 
 
 under any of the disabilities hereinafter specified shall he quali- 
 fied to be elected and to act as a member of the council of the 
 district. In case any councillor elected is not a resident of the 
 district he shall not be entitled to mileage in attendance at 
 meetings of the council for any distance travelled by him beyond 
 the limits of the district. 1904, c. 8, s. 3. 
 
700 
 
 LOCAL IMPEOVEMENTS 
 
 Disqualifica- 
 tion 
 
 How office 
 vacated 
 
 13. !No person who: 
 
 1. Is concerned or particiiiates in the profit of any contract 
 with the council ; or 
 
 2, Has been convibted of any criminal offence subject to 
 imprisonment for three years or more ; or 
 
 ?>. Is undergoing a sentence of imprisonment; 
 
 shall be capable of being or continuing a member of council: 
 
 Provided that nothing herein shall disqualify any person 
 from being or continuing a councillor solely because he is con- 
 cerned or participates in a transaction with the council in 
 respect of : 
 
 1. A lease, sale or purchase of lands; or 
 
 2. An agreement for such lease, sale or purchase; or 
 
 .'!. An agreement for the loan of money or any security 
 for the payment of money ; or 
 
 4. A contract entered into by an incorporated company] 
 
 for the general benefit of such company; or 
 
 5. A. contract for the publication of any advertisement or 
 
 advertisements in a public newspaper. 1903, Sess. 
 2, c. 24, s. 13. 
 
 14. The office of a member or chairman shall be vacated: 
 
 1. If he is or has become disqualified or has ceased to be 
 qualified under the provisions of this Ordinance ; or 
 
 2. If he has been absent from three or more consecutive 
 meetings of the council ; or 
 
 3. If he is ousted from office by order of a judge of thes 
 supreme court. 1903, Sess. 2, c. 24, s. 14. 
 
 EETIltEMEiXTS OR VACANCIES. 
 
 Resignation 
 of member 
 
 15. Any member or chairman may resign his office by 
 writing under his hand addressed to the secretary of the council 
 and such resignation shall be complete from the time when it is 
 received by the secretary. 1903, Sess. 2, c. 24, s. 18. 
 
 Lieutenant 15a. 'Whenever the residents of ani/ dirision of a district 
 
 may appoint constituted undev this Ordinance neglect or refuse to elect a 
 
 councillor the Lieutenant Governor in Council may appoint 
 
 some one to act as councillor in such, division. 1904, c. 8, s. 4. 
 
 Lieutenant 156. The Lieutenant Governor ii. Council ma>i appoin'^ a't 
 
 Gov6rnor . ... 
 
 may appoint oMcial Councillor to conduct the affairs of one or more divisions 
 
 official " III. 
 councillor 
 
LOCAL IMPEOVEMEXTS YOl 
 
 of a district and such official councillor s\all hive within the, 
 division or divisions for ivhlch he is appointed all the pcHvers 
 and autlioritk's of a councillor conferred hy this Ordinance and 
 In all proceedings of any council meeting shall have one vote for 
 each division represented hy him and the Lieutenant Governor 
 in Council shall male such order as he may see fit for the 
 remuneration of such official councillor ly the council out of^ 
 Ute funds of the division or dlvlslojis represented hy him and 
 upon the appointment of any such official councillor any coun- 
 cillor ivho may have heen previously elected shall cease to hold 
 office as such. In case tlie official councillor is appointed for all 
 the divisions of a district he shall have all the powers granted 
 to a council under this Ordinance. 1904-, c. 8, s. 4. 
 
 OUSTER OF OFFICE. 
 
 1(5. At any time within one month of the election of inyRpmovaihy 
 person as chairman or member of a council upon affidavit"'''*'"" "'•''"*''''' 
 showing that anv such person has been elected unduly or con- 
 trary to this Ordinance or that any such person has been 
 elected to or holds or exercises any such office being incapable 
 under the provisions hereof of holding or continuing to hold 
 the same and upon payment into court of the sum of $25 as 
 security for costs to abide the event of the application it 
 shall be lawful for a judge of the supreme court to grant 
 a summons calling upon such person to show cause why 
 he should not be ousted of the office; and where upon the 
 return of the summons it shall appear to the judge upon 
 affidavit or oral evidence that such person was elected 
 unduly or contrary to this Ordinance or was at the time 
 of his election or while holding or exercising such office incap- 
 able under the provisions hereof to hold the same the judge may 
 adjudge such person to be ousted of the sanie and sucli person 
 shall be ousted of the same accordingly or the judge may dis- 
 charge the summons and in either case with or without costs. 
 1903, Sess. 2, c. 24, s. 16. 
 
 lY. Xo proceedings of the council or of any committee of Disquaiiflca- 
 
 ^ * ... tioii of 
 
 the council or of anv person acting as chairman or member of "'ember not 
 
 ' ■ 1 11 1 • T 1 1 1 to invalidate 
 
 the council or of a committee shall be invalidated by reason of proceedings 
 any defect in the appointment or election or of any disqualifica- 
 tion of any such person. 1903, Sess. 2, c. 24, s. 17. 
 
 ELEGTOES AND ELECTIONS. 
 
 18. At any election all persons who are owners or occupants Quaimoation 
 
 ■' ^ .11 -^ or elector 
 
 of ratable land in the division shall be entitled to vote. 1903, 
 Sess. 2, c. 24, s. 18. 
 
(02 
 
 LOCAL IMPEOVEMENTS 
 
 ELECTION OE COUNCIL. 
 
 Eirst election 
 
 Notice of 
 -election 
 
 19. The first council in every district shall be elected Et a 
 time to be appointed by the commissioner who shall appoint the 
 necessary returning officers. 
 
 (2) The commissioner shall cause the prescribed notice to 
 be given of the time and places at which the election so 
 appointed is to be held. 1903, Sess. 2, c. 2i, s. 19. 
 
 Poll 
 
 30. At the time and place mentioned in the notice referred 
 to in the next preceding section the returning of&cr shall pro- 
 ceed to the election and shall open a poll which shall remainl 
 open for two hours. 1903, Sess. 2, c. 24, s. 20. 
 
 Declaration 
 to be signed 
 
 31. Every elector of the division may vote for as many per- 
 sons as are required to be elected but prior to the voting shall 
 sign a declaration before the returning officer in form A in the 
 schedule to this Ordinance and record his vote as provided in 
 such form. 1903, Sess. 2, c. 2J-, s. 21. 
 
 Penalty for 
 
 false 
 
 •declaration 
 
 33. Any person signing such declaration and casting his 
 vote as an elector at such election who is not entitled to vote 
 shall be guilty of an offence and liable on summary conviction 
 to a penalty not exceeding $50 and costs. 1903, Sess. 2, c. 24:, 
 s. 22. 
 
 Vote of 
 
 returning 
 
 ■officer 
 
 33. 
 
 The returning officer if he is an elector of the division 
 
 may vote at the election and in case of a tie shall whether an 
 elector or not give the casting vote. 1903, Sess. 2, c. 24, s. 23. 
 
 Election to 
 ■fill vacancy 
 
 34. On the occurrence of any vacancy in a district council 
 an election to fill such vacancy shall be held forthwith and such 
 election shall be held in the same manner as is provided in this 
 Ordinance for the elections. 1903, Sess. 2, c. 24, s. 24. 
 
 Returning 35. After the first election hereinbefore provided the council 
 
 first elections of every district shall hare power t& appoint returning officers 
 for the elections of councillors for the various divisions in each 
 district. The annual election shall lie held on the second Mon- 
 day in January and in case no returning officers were named at 
 the last meeting of the council or that the officers named hy the 
 council refuse or neglect to act the secretary treasurer shall have 
 power to mahe such further appointments as may he necessary. 
 1904, c. 8, s. 5. 
 
LOCAL IMPllOVEMENTS 703- 
 
 35a. The returning officer for each division shall hy notice ^,"*''^^^^°^ 
 in form C in the schedule to this Ordinance posted up in /ive, "leetinB 
 conspicuous places ivithin such division and at least six days' 
 previous to such meeting call a meeting of the electors within, 
 the same for the second Monday in January for the purpose of 
 electing one cr more councillors to serve for the ensuing year. 
 1904, c. 8. s. 5. 
 
 356. The secretary treasurer may act as returning officer forf^^^^^^°^ 
 one of the divisions of a district and the council may pay out of°^'''"^ 
 the funds of the district $5 for each returning officer 
 reciuired. 1904, c. 8, s. 5. 
 
 35c. Each returning officer shall report forthwith io the sec- of"coiScil'"^ 
 retary treasurer the name of the councillor elected for his 
 division and the secretary treasurer shall hy written notice to 
 each councillor elected call the first meeting of the council not 
 later than the first day of February following. 1904, c. 8, s. 5. 
 
 36. JSTo person who acts as returning officer at an election Returning; 
 shall be a candidate at such election. eiigMe"" 
 
 (2) In the event of any person who has been appointed 
 returning officer being absent, refusing to act or desiring to be 
 a candidate the electors present may elect another person to act 
 as returning oflScer by show of hands. 1903, Sess. 2, c. 24, 
 s. 26. 
 
 DECLAKATIONS OF ELECTIONS. 
 
 3T. Every person elected to the office of councillor shallDeciaration 
 accept such office by making and subscribing the declaration in 
 form B in the schedule hereto within ten days after notice of 
 his election has been served on him personally or left at hisl 
 usual place of abode and in default thereof shall be liable to a 
 fine of $25 upon summary conviction before a justice of the 
 peace. 1903, Sess. 2, c. 24, s. 27. 
 
 » 
 
 NOITACCEPTANCE OE OFFICE. 
 
 38. If any person elected as chairman or councillor ref usesvacancy on. 
 or fails to accept such office as aforesaid the same shall there-ance 
 upon be deemed vacant and shall be filled up by a fresh electicii 
 
 as in the case of a vacancy. 1903, Sess. 2, c. 24, s. 28. 
 
 PKOCEEDIXGS AXD POWBES OF COUK"CILS. 
 
 39. The council of every newly constituted district shall D^ieoJ first 
 hold its first meeting within the second weak aftsr bsin^,' eles.ed. ™'^'* "'^ 
 1908, Sess. 2, c. 24, s. 29. 
 
704 
 
 LOCAL IMPEOVEMEKTS 
 
 Chairman to 
 be elected 
 
 Meetings 
 
 30. At the first meeting of the council or at some adjourn- 
 ment thereof the members present shall elect one of the members 
 to be chairman of the council. If the chairman resigns his 
 office as chairman or member or his office becomes vacated the 
 coimcil shall elect a member to be chairman in his stead. 1903, 
 Sess. 2, c. 24, s. 30. 
 
 31. Every council shall meet at si^ch times as are appointed 
 by resolution and shall meet at least twice in every year and 
 every meeting shall be open to the public. 1903, Sess. 2, c. 24. 
 s. 31. • 
 
 Record o( 
 proceedings 
 
 Chairman to 33. The chairman shall preside at everv meeting at which 
 
 preside ^ J- ' . 
 
 liC: is present and in the absence of the chairman from any 
 meeting another member shall be elected chairman at and for 
 such meeting. 1903, Sess. 2, c. 24, s. 32. 
 
 33. 'I'he council shall cause a record to be kept of all the 
 proceedings of the council, with the names of the councillors 
 who attend at each meeting, and of the names of all councillors 
 voting upon any question, in books to be provided for the pur- 
 pose which shall be kept by the secretary tinder the superin- 
 tendence of the council and every such record shall be signed 
 by the chairman at the next succeeding meeting after being 
 approved by the council. 1903, .Sess- 2, c. 24, s. 33. 
 
 Majority o£ 34. ]^o business shall, be transacted at any meetina; of the 
 
 council to be , . . i/ o 
 
 present council u.nless a majority of the whole number of the members 
 
 for the time being are present. 1903, Sess. 2, c. 24, s. 34. 
 
 Majority to 
 decide 
 
 35. AH questions shall be decided by a majority and by 
 open voting. 1903, Sess. 2, c. 24, s. 35. 
 
 Vote of 
 chairman 
 
 36. Upon every question the chairman shall have a vote and 
 if the members are equally divided the question shall be decided 
 in the negative : 
 
 Provided that if at any election of a chairman of a council 
 or of any meeting there be an equality of votes it shall be 
 decided by lot which of the councillors having an eqiial number 
 of votes shall be chairman. 1903. Sess. 2, c. 24, s. 36. 
 
 Power to 
 adjourn 
 
 37. The members present at any meeting may from time to 
 time adjourn the meeting. 1903, Sess. 2, c. 24, s. 37. 
 
 Enforcement 
 of Noxious 
 Weeds 
 Ordinance 
 
 38. The council of every district may appoint some person 
 to enforce the provisions of The Noxious Weeds Ordinance 
 within the district who for such purpose shall have all the 
 powers of an inspector under the said Ordinance. 1903, Sess. 
 2, c. 24, s. 38. 
 
39. 
 
 LOCAL, IMPEOVEMEl^TS 703 
 
 SPECIAL IIEETLNGS OF COUNCILS. 
 
 The council may at any time hold a special meetins; Special 
 
 called in pursuance either of a resolution of the council or of a"""' '"^^ 
 requisition delivered to the secretary and signed by the chair- 
 man or any two councillors, specifying the time and place at 
 which such meeting is to be held and the business to be 
 brought before the same.- 1903, Sess. 2, c. 2-1, s. 39. 
 
 40. jSTotice'in writing of the time and pl-ace of such meeting Notice of 
 and of such business shall be given by the secretary to everyjmleUiigs 
 member of the council except the members requisitioning for 
 
 the same three clear days before the day appointed for such 
 meeting. 1903, Sess. 2, c. 24, s. 40. 
 
 JOINT ACTION BY SEVERAL COUNCILS. 
 
 41. Councils may unite with other councils in the execu- Joint action 
 tion and maintenance of any works or the performance of any 
 matter or thing deemed by all the councils concerned to be of 
 benefit to their respective districts and may agree as to the 
 
 joint control or management of any thing that concerns in any 
 way such respective districts or as to the control or management 
 by one or more of siich councils of any such thing. 1903, Sess. 
 2, c. 24, s. 41. 
 
 COMMITTEES. 
 
 43. The council may from time to time appoint standing or Committees 
 
 ■^ '- '- r-T."' council 
 
 special committees consisting of one or more members of the 
 council and may relegate to such committees any matters for 
 consideration or inquiry or management or regulation, and may 
 delegate to any such committee any of the powers and duties by 
 the Ordinance conferred and imposed upon the council except 
 the powers to borrow money, make a bylaw or execute a con- 
 tract. 
 
 (2) Every committee to whom any powers are delegated, as 
 aforesaid may exercise or perform the same in like manner and 
 with the same effect as the council. - 
 
 (3) Every such committee shall be subject in all things to 
 the council and shall carry out all directions general or special 
 of the council given in relation to such committee or its affairs. 
 1903, Sess. 2, c. 24. s. 42, 
 
 . 43. The council may from time to time discharge, alter, Disdiarge ot 
 ■ continue or reconstitute any committee appointed by it. 1903, ''■°'"°" 
 Sess. 2, c. 24, s. 43. ' • 
 
706 LOCAL IMPKOVKMENTS 
 
 Proceedings 44. No proceeding of the council or of any committee shall 
 for vacancy be invalidated or be illegal by reason only of there being any 
 in council ^^^^^^^ -^^ ^j^^ number of councillors at the time of such pro- 
 ceedings. 1903, Sess. 2, c. 24, s. 44. 
 
 EULES OK PEOCEDUKE. 
 
 Resolutions 45. The council of every municipality may subject to the 
 procedure provisions of this Ordinance make or pass resolutions : 
 
 1. Kegulating the proceedings of the council and of com- 
 mittees and the conduct of the meetings thereof ; 
 
 2. Kegulating the adjournment of meetings; 
 
 3. Directing notices of meetings to be given and prescribing 
 the form, mode and time of service thereof ; 
 
 4. Regulating debates ; 
 
 5. Prescribing the manner and conditions of revoking or 
 altering resolutions ; 
 
 6. Providing for the custody of doctiments and records ; 
 
 7. Prescribing the duties of officers and servants ; 
 
 8. Prescribing the form and manner of keeping minutes ; 
 
 9. Concerning anything incidental to any matter in this sec- 
 tion referred to ; 
 
 10. Regulating the rate of pay for all worTc done hy day 
 labour in the district such rate of pay to ^ he for a day of ten 
 hours and nci to exceed the rate of ivages current in the vicinity 
 and in no case .without the consent of the commissioner to 
 exceed $2.00 per day for labour and $4-00 for man and team. 
 This rate of wages need not apply to men e^iguged as foremen, 
 inspectors or in the construction of bridges or culverts. 
 
 11. Remitting ten per cent, of the current year's taxes to 
 any ratepayer who pays li is taxes in full on or before July first. 
 1903, Sess. 2, c. 24, s. 45, and 1904, c. 8, s. 6. 
 
 Payment of ^^' Every council may pass a resolution for paying the 
 councillors members thereof a sum not exceeding $2 for every day and ten 
 cents for every mile respectively necessarily occupied or 
 travelled in going to, remaining at and, returning from not 
 more than six meetings of the council in any year. 1903, Sess. 
 2, c. 24, s. 46. 
 
 OFEICEES. 
 
 . 47. The council mav bv resolution from time to time 
 
 Appointment • ' 
 
 of officers appoint and may remove or reappoint fit persons to be secretary 
 
LOCAL IMPEOVEMENTS TOT 
 
 treasurer and all such other officers and , servants as it thinks 
 necessary and may pay such persons such salaries and allow- 
 ances as it thinks fit and the secretary treasurer shall furnish^ 
 such iond as the council may require. 1903, Sess. 2, c. 24, s. 
 4T and 1904, c. 8, s. 7. 
 
 48. ISTo councillor shall be capable of holding a"tiy such office councillors 
 
 , „ -^ , . , ° "^ . not to be 
 
 except that o± secretary treasurer unless without remuneration, paid officers 
 1903, Sess. 2, c. 24, s. 48. 
 
 ASSESSMENT OF THE DISTKIOT. 
 
 49. The- council may cause to be levied in each year for the Assessment 
 
 „ , , . . , , ,1 1 of the dlfetrict 
 
 general purposes of the district a tax not less than one and one- 
 quarter cents and not more than five cents per acre upon. every 
 owner or occupant in the district for all land owned or occupied 
 by him : 
 
 Provided that any person whose assessment would be less 
 than fifty cents shall be assessed fifty cents. 1903, Sess. 2, c. 
 24, s. 49. 
 
 50. The rate per acre of the said tax shall be. fixed by a Rate to be 
 
 ^ tixed by 
 
 .resolution of the council. 1903, Sess. 2, c. 24, s. 50. resolution 
 
 51. The council shall make or cause to be made an assess- Assessment 
 ment roll in which shall be set out the following information : 
 
 (a) Each lot or parcel of land owned or occupied within 
 the district and the number of acres it contains ; 
 
 (b) The name and address of the person assessed on 
 accoxmt of each such lot or parcel of land ; 
 
 (c) The amount of such assessment. 
 
 (2) The assessment roll shall be kept at the office or resi- 
 dence of the secretary and may be inspected at any reasonable 
 time by any ratepayer. 1903, Sess. 2, c. 24, s. 51. 
 
 53. If the name of the owner of any lot or parcel of land in Owner not 
 the district is not known and cannot after reasonable inquiry 
 be ascertained the same shall be deemed to be duly assessed if 
 entered on the roll with a note that the owner is unknown. 
 1903, S'ess. 2, c. 24. s. 52. 
 
 53. Tf fluv land for which someone should have been correction of 
 
 "" -^^ "-"-J '-"•"■^ errors m roll 
 
 assessed has been omitted from the assessment roll or any error 
 made in the particulars contained therein the council shall on 
 the discovery of the omission or error if within two months 
 
708 
 
 LOCAL IMPBOVEMENTS 
 
 from the posting of the roll as herein provided cause the neces- 
 sary additions and alterations to the roll to be made to assess 
 the owner or occupant of the land so omitted or correct the 
 other error. 1903, Sess. 2, c. 24. s. 53. 
 
 Notice of 
 af^aessiiient 
 
 54. The secretary shall complete the assessment roll not 
 later than Mc^y fifteenth in each year and shall forthwith mail 
 to each ratepayer ivhose name and address appear on the assess- 
 ment roll a notice of his assessment which shall include any 
 arrears of taxes accruing on his lands since the constitution, of 
 the district and the entry of the date of the mailing of such 
 notice together with the initials of the secretary on the assess- 
 ment 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. 1904, c. 8, s. 8. 
 
 Apppal from 
 assessment 
 
 Distress for 
 taxes 
 
 55. Any person who feels himself aggrieved by the tax 
 assessed may within fifteen days after the mailing of such 
 notice appeal from sitch assessment by delivering notice of such 
 appeal in writing to the justice of the peace nearest the resi- 
 dence of the secreta,rv ; and such justice shall thereupon notify 
 the secretary and appellant of the time and place when such 
 appeal will be heard; and the findint^- of the justice xipon such • 
 appeal shall be final. 1903, Sess. 2, c. 24, s. 55. 
 
 56. In- case any person neglects to pay his taxes for two 
 months after the mailing of the notice' to him as herein pro- 
 vided the secretary may by himself or his agent levy the same 
 vpith costs by distress of the goods and chattels of the person 
 who ought to pay the same or of any goods or chattels in his 
 possession wherever the same may be found in the district or 
 of any goods or chattels found on the land the property of or 
 in possession of any other occupant thereof and may impound 
 the same on the premises where distrained ; and no claim of 
 property, lien or privilege shall be available to prevent the sale 
 or the payment of the taxes and costs out of the proceeds of sale 
 thereof. 1903, Sess. 2, c. 24, s. 56. 
 
 Taxes a lien ^'^■' 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 incumbrance thereon. 
 1903, Sess. 2, c. 24, s. 57. 
 
 Suit for taxes 
 
 58. Any taxes or arrears of taxes due to a district may be 
 r'^covered liy suit in the name of the district as a debt due to 
 the district ; in which case the assessment roll shall be prima 
 facie evidence of the debt. 1903, Sess. 2, c. 24, s. 58. 
 
LOCAL IMPEOVEMENTS 709 
 
 59. The secretary shall enter all amounts paid him for taxes Taxes paid to 
 
 1 ■ • 1 1 11 , I- 1 T^^ entered on 
 
 on the original assessment roll opposite the lot or parcel ol landron 
 for which sach payment is made ; and shall issue an official 
 receipt for all such payments in form to be prescribed by thei 
 commissioner. 190b, tSess. 2, c. 24, s. 59. 
 
 60. The council may enter into auj' contract for any of the contract by 
 purposes of this Ordinance. 1903, Sess. 2, c. 21, s. GO. 
 
 61. If such contract is for the execution of any work it shall Conditions 
 
 •J* 1 1 1 1 IP relating to 
 
 s;peciiy the work to be done and the materials to as furnished, contracts 
 the price to be paid for the same, the time or times within 
 which the work is to be completed and the penalties to be suf~ 
 fered in case of nonperformance thereof. 1903, Sess. 2, c. 24, 
 s. 61. 
 
 62. The council shall have full power and authority to Construction 
 erect, construct and maintain within the district any publici partly wUhont 
 works which in the opinion of the council may be necessary 
 whether such works are to be or have been constructed wholly 
 
 within the district or form part of works constructed or to be 
 constructed in one or more districts. 1903, Sess. 2, c. 24, s. 62. 
 
 63. The Lieutenant Governor in Council may from time to con tro^ of ^^ 
 time place under the temporary or permanent management and constructed 
 control of a council any public works, buildings, erections, 
 machines, implements, wells, reservoirs or other things which 
 
 have been commenced, constructed, purchased or provided for 
 out of any moneys appropriated by the Legislative Assembly 
 or belonging to any large local improvement district erected 
 under the provisions of any Ordinance of the Territories. 
 1903, Sess. 2, c. 24, s. 63. 
 
 64. ISTothing iii this Ordinance shall be deemed to entitle the council not 
 
 . , , . , . -, authorised to 
 
 council to interfere with any public works carried on or interfere with 
 
 > T 1 L ^ £ Ml. government 
 
 executed by the Government or under the control oi tne works 
 Government without the consent in writing of the commis- 
 sioner of public works. 1903, Sess. 2, c. 24, s. 64. 
 
 65. The council shall cause at least one-half of the amount ApporUon- 
 estimated to be expended in the district in each year for general expenditure 
 purposes to be apportioned amona: the divisions thereof in divisions 
 nronortion to the amount of ratable property therein respec- 
 tively as shown in the assessment roll and the amount so 
 flnportioned to each division shall be expended in works in such 
 division : 
 
YlO LOCAL IMPEOVEMENTS 
 
 Provided that the council by resolution unanimously adopted 
 at a meeting of the whole council may decide that the 'amount 
 to be apportioned as aforesaid may be reduced to an amount 
 not less than one-quarter of the said district estimate. 1903, 
 Sess. 2, c. 24, s. 65. 
 
 ACCOUSTTS. 
 
 acc°irant' ^^- The council shall cause books to be kept and regular 
 
 to ekept accounts to be entered therein of all sums of money received 
 and paid otherwise than in respect of loans on account of every 
 district and of the several purposes for which such sums of 
 money have been received and paid and shall cause the/ 
 accounts of each district to be balanced yearly. 1903, Sess. 2,, 
 c. 24, s. 66. 
 
 recefpLs^anrt' ®^' ^he council shall also cause to be prepared a statement 
 expenditure qj. summary showing the financial position of the district at the 
 
 end of December in each year showing the amount received 
 
 from each source of ordinary income and the various matters! 
 
 and things on which such accounts have been expended. 1903^ 
 
 Sess. 2, c. 24, s. 67. 
 
 Borrowing 68. The couucil may in anticipation of the collection and 
 
 power •' J^ 
 
 payment of the general taxes payable in any year from time tO' 
 time borrow moneys on the credit of the district rates to an 
 amount not exceeding one-half of the total estimated revenues, 
 of the district for the year. 1903, Sess. 2, c. 24, s. 68. 
 
 AUDIT OF THE BOOKS OF THE DISTRICT. 
 
 audited°each ^^' ^he books of cvery district shall be audited each and 
 year every year by an ofiicial auditor appointed under the provisions 
 
 of any Ordinance or by a competent person to be named for the 
 
 purpose by the cormnissioner. 
 
 (2) The fee to be paid from the district funds for such 
 audit shall be fixed from time to time by the commissioner. 
 1903, Sess. 2, c. 24, s. 69. 
 
 LAEGE LOCAL IMPEOVEMEXT DISTRICTS. 
 
 jErectionof TO. The Lieutenant Governor in Council may by order- 
 
 aige IS TIC ^Q^-^jg q£ which shall be published in the official gazette organise- 
 and constitute as a large local improvement district any portion 
 of the Territories not already contained in a municipality, 
 district or village ; and may designate such large district by a; 
 distinctive name and number. 1903, Sess. 2, c. 24, s. 70. 
 
LOCAL IMPROVEMENTS ' 111 
 
 71. The assessment of lands made as hereinafter pi^o^ided ^ssesmoen t ^ 
 in a large district now or hereinafter organised and constituted department 
 tinder the provisions of this or any previous Ordinance shall 
 be made in the local improvement branch; and all notices of 
 such assessment shall be issiied from that branch. 1903, Sess. 
 2, c. 24, s. 72. 
 
 73. In large districts the rate of assessment shall be one ^I'^'i^egs"* 
 one-quarter cents per acre : 
 
 Provided that in any large district if the commissioner is 
 satisfied that the. said rate of assessment would raise a sum 
 greater than would be necessary to effect the improvements 
 required in such district the rate of assessment may be reduced 
 to such less amount per acre as the commissioner may deter- 
 mine: 
 
 Provided further that any person whose assessment would 
 be less than fifty cents shall be assessed fifty cents. 1903,' Sess. 
 2, c. 24, s. 72. 
 
 73. As soon as possible after the beginning of each year or ^^j^®^'''"®"'^ 
 after the organisation of a large district an assessment roll 
 
 shall be prepared for each large district upon which shall be 
 entered as accurately as may be the following information: 
 
 (a) Each lot or parcel of land owned or occupied within 
 the district and the number of acres it contains ; 
 
 (&) The name and post office address of the person 
 assessed as owner or occupant of each lot or parcel ; 
 
 (c) The amount of assessment ; , ' 
 
 (d) The amount of previous assessments which have not 
 been paid. 1903, Sess. 2, c. 24, s. 73. 
 
 74. If after reasonable inquiry the name or address of the Aasessment 
 
 . .... , i-i' owner or 
 
 owner or occupant of any lot or parcel of land m a large dis- address is 
 trict cannot be ascertained the same shall be deemed to be duly 
 assessed if entered on the roll as "owner unknown" or "address 
 unknown" as the case may be. 1903, Sess. 2, c. 24, s. 74. 
 
 75. Upon the completion of the assessment roll it shall be NpHce^of^j. 
 signed by the clerk of the local improvement branch ; and a 
 notice shall then be sent by ordinary mail to each person whose 
 
 name appears upon the roll stating the land in respect of which 
 such person is assessed, the amount of such assessment and 
 requesting payment of same ;'and the entry upon the assessment 
 roll of the date of mailing of such notice together with the 
 
712 
 
 LOCAL lilPEOVEMENTS 
 
 initials of the clerk mailing the same shall be prima facie 
 evidence that the notice was duly mailed on that day. 1903, 
 
 Sess. 2, c. 24, s. 75. 
 
 Correction of 
 errors in roll 
 
 . 76. If any property in a large district in respect of which 
 any person should have been assessed has been omitted from 
 the assessment roll or been entered on the roll in the name of 
 the wrong person or with an incorrect acreage the necessary^ 
 addition or alteration to correct the error may be made at anyj 
 time in the year in which such assessment is made such addi- 
 tion or alteration being initialed by the clerk of the local 
 improvement branch and a notice of assessment in accordance 
 with such addition or alteration shall forthwith be sent to the 
 owner of the property affected. 1903, Sess. 2, c. 24, s. 76. 
 
 Taxes a lien 77. The taxes accruing upon or in respect of any land in a 
 
 and payable o i. i i m i • i T 
 
 in cash large district shall be paid m cash and shall be a special lien 
 
 upon such land having priority over any claim, lien, privilege 
 or incumbrance thereon. 1903, Sess. 2, c. 24, s. 77. 
 
 Distress 
 for taxes 
 
 78. In case any ratepayer neglects or, refuses to pay his' 
 taxes in a large district for two months after the mailing of the 
 notice as provided by section 75 of this Ordinance the commis- 
 sioner may by his agent levy the same with costs by distress of 
 the goods and chattels of the person who ought to pay the same 
 or of any goods and chattels in his possession wherever the 
 same may be found in the large district or of any goods or 
 chattels found on the premises the property of or in the posses- 
 sion of any other occupant of the premises and may impound 
 the same on the premises where distrained ; and no claim of 
 propei-ty, lien or privilege shall be available to prevent the same 
 or payment of the taxes and costs out of proceeds of the sale 
 thereof. 1903, Sess. 2, c. 24, s. 78. 
 
 Moneys how 
 expended 
 
 79. The taxes collected in any large district shall be 
 deposited in a chartered bank to the credit of a district's trust 
 account; and shall be expended under the direction of the 
 commissioner in making such improvements as may from time 
 to time be required in the district. 
 
 (2) The details of tlje expenditure in any large district shall 
 be published in the public accounts annually submitted to the 
 Legislative Assembly. 1903, Sess. 2, c. 24, s. 79. 
 
 Accounts, etc., 80. All accoiints and contracts for work in large districts 
 
 '°''^'"''^^'^'^' shall be in duplicate and shall loe audited by the Territorial 
 
 auditor and properly certified by him before being paid. 1903, 
 
 Sess. 2, c. 24, s. 80. 
 
LOCAL IMPROVEMENTS 713 
 
 81. Should it at any time be deemed expedient to disor- Disorgania- 
 
 1 111' c 1 ation or 
 
 ganise or aiter the boundaries .of any large district or to with- alteration of 
 
 , J. I/O boundaries 
 
 draw any area therefrom or to amalgamate any two or more 
 districts which have been organised such disorganisation, 
 alteration, withdrawal or amalgamation may be effected upon 
 recommendation of the commissioner by order of the Lieu- 
 tenant Governor in Council. 1903, Sess. 2, c. 24, s. 81. 
 
 EETUEXS TO COMitlSSIOXEE. 
 
 83. The secretary of every district shall between the first Annual return 
 and fifteenth day of December iii each and every year make out taxes, work 
 
 done etc. 
 
 a statement in writing on forms supplied by the commissioner 
 ■ containing the information required by the clauses of the 
 second subsection of this section ; he shall allow any ratepayer 
 to inspect the statement and to make a copy of or extracts 
 therefrom on any day except Sunday or statutory holidays from 
 the said fifteenth day of December until the twenty-fourth of 
 the same month between the hours of ten o'clock in the morning 
 and four o'clock in the afternoon ; and he shall then send such 
 statement audited" and certified by the auditor and duly 
 verified by his statutory declaration not later than the first 
 mail after the twenty-fifth day of December to the commis- 
 sioner. 
 
 (2) The said statement shall contain the following informa- 
 tion : 
 
 (a) 'The names and post office addresses of all ratepayers 
 together with a description of the lands for which 
 they are assessed and the amount of such assessment ; 
 
 (6) The amount of taxes paid by each ratepayer for the 
 current year and the amount of arrears of taxes if 
 any unpaid by such ratepayer ; 
 
 (c) The amount of arrears of taxes paid during the year 
 with the names of the parties paying them and the 
 lands and year in respect of which they are paid ; 
 
 (d) Details of any revenue other than taxes received by 
 the district; 
 
 (e) Details of the manner in which all moneys belonging 
 to the district have been expended during the year ; 
 
 (f) Any additional information which the commissioner 
 inay consider necessary regarding the operations or 
 standing of the district. 1903, Sess. 2, c. 2i, s. 82. 
 
714 LOCAL IMPEOVEMENTS 
 
 Return of 83. The Secretary of every district shall within the first 
 
 arrears tor -^ . "^ •£ j U 
 
 taxes fifteen days of January in each year make a return veritied by 
 
 his solemn declaration to the commissioner in such form as 
 may by the commissioner be from time to time prescribed 
 showing all lands in the district upon which taxes have not 
 been paid together with the years for which such taxes are due. 
 
 (2) A like return shall be made by the clerk in charge of - 
 the local improvement branch of the department for each large 
 district. 
 
 (3) 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. 1903, Sess. 2, 
 c. 24, s. 83. 
 
 Application 84. Qn application by the attorney general of the Terri- 
 
 to judge for . ^^ -, i ■ i i i • x • j jr ii, 
 
 confirmation tories or some advocate authorised by nim to a ]uage oi tne 
 " supreme court in chambers such judge may appoint a time and 
 place for the holding of a court for confirmation of the return 
 mentioned in the preceding section, notice oi 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 commissioner. 
 
 Notice to be (2) A notice of the time and place fixed for confirmation of 
 
 given ^ ■' '^ . ■ , 
 
 such return shall be sent by registered mail at least sixty days 
 prior to the time so fixed to each person who appears by the 
 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 of return; and the entry 
 against such lands of the date of mailing such notice together 
 with the initials of the clerk of the local improviement branch 
 of the department shall without proof of .the appointment or 
 signature of the said clerk be prima facie evidence that the 
 required notice has been mailed. 1903, Sess. 2, c. 24. s. 84. 
 
 ^yjudg?'"°° ^^' -^t t^^ *i™® ^^^ place so appointed the judge shall hear 
 the application and also any objecting parties and the evidence 
 adduced before him; and thereupon adjudge and determine 
 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 gen- 
 eral ; and shall also confirm the return as to those parcels on 
 v^rhich any taxes are determined to be in arrears for over two 
 
LOCAI. IMPROVEMENTS 715 
 
 years .naming the amounts severally and adding thereto a 
 reasonable amount for the expense of advertising together with 
 such sum as he may iix for costs of the application; and thef 
 «ffect of such adjudication shall be to vest in the Crown for the 
 public use of the Territories the said lands 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 commissioner of the amounts named including 
 ■expenses as aforesaid together with a redemption fee of five 
 -cents for each and every acre in the parcel so redeemed and any 
 subsequent taxes paid by the commissioner; but no such 
 Tedemption fee shall be less than $2. 
 
 (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 withini 
 which the same are imposed. 
 
 (3) In the event of any person successfully opposing con- 
 firmation 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 commissioner. 
 
 (4) A copy of such adjudication certified by the commis- Copy to be 
 sioner shall be forwarded to the registrar of land titles of the registrar 
 land registration district in which the lands named in -the 
 adjudication or any of them are situated; and such copy shall 
 
 be notice to the public of the facts contained therein. 1903,, 
 Sess. 2, c. 24, s. 85. 
 
 86. If any person interested in any parcel of land contained coat when 
 in the return presented to the judge for confirmation as pro- after 
 
 r , . 1 , 1, application 
 
 vided by section 85 of this Ordmance pays the taxes upon sucJi to judge 
 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 pay the sum of $1 
 for each quarter section or portion thereof in lieu of the costs of 
 application to the judge and advertising and postage in connec- 
 tion with such proceedings ; and any sums so paid shall form 
 part of the general revenue. 1903, Sess. 2, c. 24, s. 86. 
 
 87. At any time after the expiration of the year last named order^^esting 
 on ex parte application by the attorney general or some advo- 
 cate authorised by him and production of the last named 
 adjudication together with a certificate of the commissioner 
 showing that the land has not been redeemed the judge by 
 
 order in chambers may direct that the title to such of the land 
 named in the adjudication as has not ■ been redeemed by the 
 -owner be absolutely vested iu his Majesty freed from all liens, 
 mortgages and incumbrances of whatever nature and kind the 
 mme may be. 1903, Sess. 2, c. 24, s. 87. 
 
716 LOCAL IMPKOVEMENTS 
 
 Payment of 88. So sooh as the return of the secretary of any district 
 commissioner has been confirmed the commissioner shall pay to the secretary 
 the amount of taxes adjudged in arrears on each parcel of land 
 deducting therefrom any charges he may have been required to 
 pay; and thereafter while owned by his Majesty the said land 
 shall be assessed in the name of the commissioner who shall pay 
 taxes as if the land were assessed to an ordinary individual. 
 1903, Sess. 2, c. 24, s. 88. 
 
 EXEMPTIOJSrS. 
 
 Exemptions 89. In any district or large district the property exempt 
 from taxation under the provisions of this Ordinance shall be : 
 
 1. All land held by or in trust for the use of any tribe of 
 Indians ; 
 
 2. The land to the extent of two acres held by or for the use 
 of any public or separate school; 
 
 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 pur- 
 poses ; 
 
 4. The land in use as a public cemetery not exceeding 
 twenty-five acres ; 
 
 5. The land used as a right of way for any irrigation canal 
 or ditch. 1903, Sess. 2, c. 24, s. 89. 
 
 Anthentica- 90. Everv Order, notice or other such document requiring- 
 
 tion of orders, -^ ' . • n n i 
 
 etc. authentication by the council may imless otherwise provided be 
 
 signed by the chairman and secretary. 1903, Sess. 2, c. 24, 
 s. 90. 
 
 Lfeut'limn't'' °' ^^' '^^'^ Lieutenant Governor in Council may from time to 
 Governor time make such regulations not inconsistent with this Ordin- 
 ance as he deems necessary for the following purposes, or any 
 of them, that is to say : 
 
 1. Prescribing the duties and functions of all ofiicers and 
 other persons appointed or employed under this Ordinance ; 
 
 2. Prescribing the form of returns to be made, the particu- 
 lars to be set forth therein and the persous by whom and the 
 time when or within ^vhich such returns shall be made, and 
 other documents referred to in this Ordinance or necessary in 
 order to give effect thereto ; 
 
 3. Providing where there is no pi'ovision in this Ordinance 
 or no sufEicieut provision in respect to any matter or thing 
 necessary to give effect to this Ordinance in what manner and 
 form the deficiency shall be supplied ; 
 
LOCAL IMPEOVEMENTS 717 
 
 i. For any purpose, whether general or to meet particittar 
 •cases that may be desirable in order to carry ont the object and 
 purposes of this Ordinance or to give effect to anything for 
 which regulations are contemplated or required by this Ordin- 
 ance. 1903, Sess. 2, c. 21, s. 91. 
 
 93. The Lieutenant Governor in Council shall settle, adiust,fPi'-iementof 
 
 ' •> ' differences by 
 
 and decide any question arising between any councils with ^'^^^ten^^^nt 
 regard to any rights, powers' or duties conferred by this' Ordin- 
 ance. 1903, Sess. 2, c. 24, s. 92. 
 
 93. If anything to be done by or under this Ordinance at or p^^tention of 
 
 . . ° '' ' time by order 
 
 withm a fixed time cannot be or is not so done the Lieutenant "* Lieutenant 
 
 . . Governor 
 
 Governor m Council may by order froni time ,to time appoint 
 a further or other time for ^loing the same whether the time ' 
 within which the same ought to have been done has or has not 
 expired. 
 
 (2) Anything done vidthin the time prescribed by such 
 Order in Council shall be as valid as if it had been done 
 within the time fixed by or under this Ordinance. 1903, Sess. 
 2, c. 24, s. 93. 
 
 94. The commissioner may make such orders as he mayorrierby 
 think fit for the adjustment of the assets of small and large fo;radjustDfient 
 local improvement districts affected by this Ordinance and of 
 
 any district or large district affected by any action under this 
 Ordinance. 1903, Sess. 2,.c. 24, s. 94. 
 
 95. Ali small and large local improvement districts existing Existing 
 
 at the coming into force of this Ordinance are hereby disor- d:sjrganised 
 ganised, provided however that such districts shall be deemed 
 to continue to exist so far as may be necessary for the enforce- 
 ment of the payment of taxes due and for any action that may 
 be required to be taken with reference thereto. 1903, Sess. 2, 
 c. 24, s. 95. 
 
 96. After the coming into force of this Ordinance inline- Property of ^^^_ 
 diately upon' completion of the returns which he is required tomentdistrk!| 
 make by the provisions of the Ordinance hereby repealed the over todistrict 
 overseer of every local improvement district hereby disorganised 
 
 shall forthwith deliver to the secretary, if any, of the district, 
 if any, within which is comprised the area of such disorganised 
 local improvement district and if there be no such secretary 
 then to the commissioner or to such person as he may name all 
 documents, books, money and other property of such, disorgan- 
 ised local improvement district and such property shall be 
 
718 
 
 LOCAL IMPEOVEMENTS 
 
 Penalty 
 
 disposed of as the commissioner may direct; and any overseer 
 neglecting or refusing to so hand over on demand therefor all 
 documents, boohs, moneys and other properties of the district in 
 Ms possession in addition to any civil liability which he may 
 thereby incur shall be guilty of an offence and liable on sum- 
 mary conviction thereof to a penality not exceeding $50. 
 1903, Sess. 2, c. 24, s. 96 and 1904, c. 8, s. 9. 
 
 SocretaT*y 
 neglecting to 
 discharge 
 duties 
 
 Penalty 
 
 96a. Any secretary of a district who neglects to discharge 
 the duties of his office or who neglects or refuses to render true 
 and correct returns when required to do so under the, provisions 
 of any Ordinance of the North-West Territories or who refuses, 
 or neglects to hand over to his successor on demand therefor all 
 moneys, boohs, papers and other property of the district in his 
 possession in addition to any civil liability which he may 
 thereby incur shall be guilty of An offence and liable on sum- 
 mary conviction thereof to a penality not exceeding $50. 
 1904, c. 8, s. 10. 
 
 Repeal 97. Chapter 27 of the Ordinances of 1901 is hereby 
 
 repealed. 1903, Sess. 2, c. 24. s. 97. 
 
 SCHEDULE. 
 
 FOEIM A. 
 
 Division ISTo. District ISTo. 
 
 The undersigned severally declare each for himself that he is 
 a ratepayer in the above named division over eighteen years of 
 age and votes in respect of the land set opposite his name hereto 
 and that he votes for the person whose name is set opposite his 
 name hereto. 
 
 A.B., 
 
 Returning Officer. 
 
LOCAL IMP'KOVEMENTS 719 
 
 rOKM B. 
 
 . f- 
 
 I hereby declare that I accept 
 
 the office of councillor for District No. to which I was 
 
 elected on the day of j.y, 
 
 and promise to perf othi the duties of such office to the best of 
 my ability. 
 
 Witness my hand this day of 
 
 19 
 
 Signed in the presence of 
 
 1903, Sess. 2. c. 24. 
 
 EORM 0. 
 
 Notice. 
 
 {GivS full description of the area included in division.) 
 
 Public notice is hereby given that a meeting of the electors 
 of the division aforesaid will be held at 
 
 {description of place) on 'Monday the day of January, 
 
 19 at 10 a.m., when a poll shall be opened for the election 
 
 of a councillor for said division for the ciirrent year. 
 
 Returning Officer. 
 
 1904, c. 8. 
 
 FOEM D. 
 
 The jSToeth-West Teeeitoeies of Canada. 
 
 LOCAL IMPEOVEMENT OEDISTANCE. 
 
 District 
 
 jSTotice oe Assessment. 
 M 
 
 Take notice that you have been assessed under the provisions 
 of The Local Improvement Ordinance for the tmdermentioned 
 
720 
 
 LOCAL IMPEOVEMEIS'TS 
 
 lands in the above district and that taxes. are now due and pay- 
 able to the imdersigTied as follows : 
 
 quarter of Section in Township Range west 
 of the Meridian. 
 
 Taxes for year 190 on acres at per acre — $ 
 
 Arrears of taxes for years $ 
 
 Total amount of taxes due $ 
 
 Dated at this day of 19 . 
 
 Secy. Treas. District. 
 P.O 
 
 In case a rebate is granted as provided in section 11 subsec- 
 tion 45 the notice should be amended accordingly. 
 
 1904. c. 8. 
 
LOCAL IMPEOVEMEN-TS 
 
 '21 
 
 o 
 
 CD 
 
 s 
 
 CD 
 > 
 O 
 
 o 
 
 0J3 
 
 o S 
 
 
 
 
 PJB/ATOJ 1 
 
 
 
 paUJHD 8JB SJBajJB 
 
 
 
 HDIllM -lOJ SJBajt 
 
 
 
 S^-g'S 1 
 
 U 
 
 
 Arrea 
 of tax 
 carrie 
 
 forwa 
 
 
 
 6^ 
 
 
 •ojs[ ^diaos^ 
 
 
 
 _jj 
 
 
 
 §2 
 
 o rt 
 
 O 
 
 
 
 
 So. 
 
 
 
 < 
 
 
 
 ■q.uam 
 
 
 
 -ssassB }o aopou 
 
 
 
 Suiireui JO a^jBQ 
 
 
 
 V 
 
 
 
 
 
 
 13 'o 
 
 +3 03 
 
 
 
 
 
 
 
 
 ^1 
 
 69- 
 
 
 
 
 anp ajB sjbgjjb 
 
 
 
 HoiHAi. joj sj-eaj^ 
 
 
 
 
 " . 
 
 
 
 
 <"S 
 
 &5 
 
 
 ount 
 
 axes 
 
 or 
 
 rent 
 
 ear 
 
 y / • 
 
 
 
 
 <! o -u 
 
 
 
 
 
 ^uamssassB jo si^b^j 
 
 
 
 ^uBdnooo JO jauMO 
 
 
 
 Jg 
 
 
 
 <u 
 
 
 
 
 
 
 
 
 
 
 
 
 < 
 
 
 
 O 
 
 
 
 Ph 
 
 
 
 c 
 
 
 
 g 
 
 
 
 St3 
 
 
 
 ftS 
 
 
 
 
 
 
 
 
 
 
 
 
 V m 
 
 
 
 S « ..i- 
 
 
 
 
 
 
 iz; 
 
 
 
 ■ss 
 
 
 
 
 
 
 
 
 
 Z« 
 
 
 
 
 S 
 
 
 
 
 
 
 D 
 
 « 
 
 
 
 1 
 
 
 
 
 Eg 
 
 
 
 
 -< 
 
 s 
 
 m 
 
 
 
 
 
 
 z 
 
 
 • 
 
722 
 
 LORDS DAY PKOFANATION 
 
 LORD'S DAY PROFANATION. 
 
 fsMareMseS A" Ordinance to Prevent the Profanation of the 
 
 Lord's Day. 
 
 THE Lieutenant Governor by and with the advice andj 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Prohibition of 
 business and 
 labour on 
 Sunday 
 
 Exceptions 
 
 1. ISTo merchant, tradesman, artificer, mechanic, workman,, 
 labourer or other person whatsoever shall on the Lord's day 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, business or 
 trade. of his ordinary calling; travelling or conveying travellers 
 or her Majesty's mails, selling drugs and medicines and other 
 works of necessity and works of charity only excepted.. C. 0. 
 91, s. 1. 
 
 Games and 
 amusements 
 •prohibited 
 
 3. InTo person on that day shall play at billiards or pool in 
 any public room or run races on horseback or in vehicles of any 
 sort or discharge fire arms or engage in any game or games in 
 any piiblic place or engage in hunting or in the 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. C. O. 91, s. 2. 
 
 Contracts 
 made on 
 Sunday to 
 be void 
 
 3. All sales and purchases and all contracts and agreements 
 for sale or purchase of any real or personal property whatso- 
 ever made by any person or persons on the Lord's day shall be 
 utterly null and void. C. 0. 91, s. 3. 
 
 Penalty 4. Any person violating any of the provisions of this Ordin- 
 
 ance shall be guilty of an offence and upon smnmary conviction 
 thereof be liable to a fine not exceeding $100 and costs of pro.- 
 secution. CO. 91, s. 4. 
 
 CO. 1898 c. 32 
 15 March 1889 
 
 MAGISTRATES. 
 
 An Ordinance Respecting Justices of the Peace. 
 
 Principal Ordinance revised C. O. iSg8, c. J2j amended. 
 Amending Ordinance 190J, Sess. 2, c. 10. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
MAGISTRATES 
 
 Sl-IOKT TITLE. 
 
 1. This Ordinance may be cited as "27ie Magistrates Ordin-shott title 
 ance." C. O. 32, s. 1. 
 
 JUSTICES OF THE PEACE. 
 
 3. The Lieutenant Governor may appoint justices of the Appointment 
 peace for the Territories -who shall have jurisdiction as such ° "'"^ '°^' 
 throughout the same. C. O. 32, s. 3. 
 
 ^b"- 
 
 3. Whenever a new commission of the peace shall be issued Commission 
 all and such like former commissions shall become absolutely 
 revoked and cancelled; and nothing in this Ordinance con- 
 tained shall prevent the reappointment of any justice of the 
 peace named in such former commission if the Lieutenant 
 Governor shall think fit. C. O. 32, s. 3. 
 
 4. IsTo person who is not a British subject by birth or natur- Alien not to^ 
 isa 
 
 s. 4. 
 
 alisation shall be appointed as a justice of the peace. C. 0. 32, 
 
 5. When not otherwise specially provided for by law no advo- No practising 
 cate shall be appointed or act as a justice of the peace during beiustice 
 the time he continues tp practise as such. 
 
 (2) The provisions of this section shall not apply to any proviso 
 advocate appointed as a police magistrate. CO. 32, s. 5, 
 amend by 1903, Sess. 2, c. 10, s. 1. 
 
 OATHS OF JUSTICES. 
 
 6. Every justice of the peace before he is gazetted as such o«j{'J'^°^„^ 
 and takes upon himself to act as a justice of the peace shall take allegiance 
 and subscribe the oath of allegiance and the following oath 
 before any person authorised to administer oaths and declara- 
 tions in the Territories, that is to say : 
 
 I A.B, of in the district of Form of oath 
 
 {as the case may he) do swear that I will well and truly serve 
 our Sovereign Lady Queen Victoria in the office of justice of 
 the peace and that I will do right to all manner of people after 
 the laws and usages of these Territories without fear or favour, 
 affection or ill will. So help me God. -C. O. 32, s. 6. 
 
 7. Every oath of office or allegiance taken by a justice of the Eecor.i of oath 
 peace shall forthwith after the same is taken be transmitted or 
 delivered by the justice of the peace- to the clerk of the executive 
 
 council and shall be filed in his office. C. 0. '6-^, s. 1. 
 
724 MAGISTKATES 
 
 PEOCEDDIJE. 
 
 Part Lvm of 8. Except it is otherwise specially provided all the provisions. 
 
 The Criminal „ ^ „^^^ „ , . . , ,-. , • , i- r^ t i 
 
 Code to apply of part LVIII of the Act ol the Parliament of Canada knowia 
 
 to proceedings ^: „..,,, ,,. ti i 
 
 as The Criminal Code 1892 and the Acts already passed or 
 which may be hereafter passed amending the same shall apply 
 to all proceedings before justices of the peace imder or by 
 virtue of any Ordinance of the Territories or municipal bylaws 
 and to appeals from convictions or orders made therein. C. 0. 
 32, s. 8 and 1900, e. 8, s. 2. 
 
 g^ * * * * * * -;«■ -:;■ *■ 
 
 rP.IOKITr OF JUETSDICTIOjr. 
 
 juris/iictioB in 10. Jurisdiction in any particular case shall exclusively 
 attach in the first justice of the peace or where more than one 
 justice is required the first justices to the required number duly 
 authorised who has or have possession and cognisance of the 
 fact: 
 
 Proviso Provided that at the request of any such justice or at the 
 
 unanimous request of any such justices where more than one- 
 justice is required any other justice or justices may take part- 
 in any case. 
 
 o"on«OT'°" (^) ^'^ery complaint and information shall be heard, tried,. 
 
 more justices cletermined and adjudged by one justice or two or more justices- 
 as directed by the Ordinance or law upon which the complaint 
 or information is framed or by any other Ordinance or law in 
 vhat behalf. 
 
 (3) If there is no such direction in any Ordinance or law 
 then the complaint or information may be heard, tried, deter- 
 mined and adjudged by any one justice. 
 
 - (4) Any one justice may receive the ijjiformation.- or com- 
 plaint and grant a summons or warrant thereon and issue his 
 summons or warrant to compel the attendance of anv witnesses 
 for either party and do all other a<3ts and matters necessary 
 preliminary to the hearing even if bv the Ordinance in that 
 behalf it is provided that the information or complaint shall be 
 heard and determined by two or more jiistices. 
 
 (51 After a case has been heard and determined one jiistice- 
 may issue all warrants of distress or commitment thereon. 
 
 (6) It shall not be necessary for the justice who acts before 
 or after the hearing to lie the justice or one of the justices ' by 
 whom the case is to be or was heard and determined. 
 
MAGISTRATES Y25 
 
 (7) If it is required by any Ordinance or law that an infor- 
 mation or complaint shall be heard and determined by two or 
 more justices or that a conviction or order shall be made by two 
 ■or more justices, such justices shall be present and act together 
 during the whole of the hearing and determination of the case. 
 C. O. 32, s. 10. 
 
 EETUENS. 
 
 11. Every justice of the peace who receives the amount of ^ansmfsSons 
 any fine, penalty, forfeiture or other sum of money which is 
 payable to the Government of the Territories shall forthwith 
 after he has received the. same transmit the amount to the 
 attorney general with a statement as in form A in the schedule 
 to this Ordinance. 
 
 (2) Every justice of the peace by or before whom, whether 
 alone or with one or more other justice or justices, any matter 
 of any nature whatsoever is commenced, tried, heard, revised 
 or adjudicated upon shall in the months of January and July 
 in each year and before the fifteenth day thereof make a return 
 in writing signed by him to the attorney general shewing the 
 result, disposition of or action taken upon or in regard ti any 
 such matter so dealt with theretofore which has not been 
 included in some previous return made by such justice to the 
 attorney general. 
 
 (3) Such return shall be in form B in the schedule to this 
 Ordinance and shall truly set forth the information indicated 
 as required by the headings to the different columns in said 
 form. 
 
 (4) In case no proceedings whatever have been had or taken 
 before any justice, he shall make a return so stating. C. O. 32, 
 s. 11. 
 
 13. Any justice or justices of the peace whose duty it is to Procedure 
 
 t^** •' . ^ f, J, . • r, ^° enforce 
 
 make returns or transmit fines, penalties, forfeitures or other returns 
 moneys as aforesaid who refuses or neglects to make such 
 returns or transmit such amounts in the manner and at the 
 time above provided may be required by a written notice from 
 the attorney general (which notice may be forwarded to the 
 usual or last known post office address of the said justice or 
 justices by post prepaid and registered or delivered to the said 
 justice or justices in person) requiring such justice or justices 
 forthwith to make such returns or transmit such amounts as 
 aforesaid ; and after the .expiration of thirty days from the 
 nesting or delivery of such notice should the said justice or 
 justices still refuse or neglect to make such returns or transmit 
 
■726 MAGISTEATES 
 
 such amounts as aforesaid then the attorney general shall report 
 ■such refusal, neglect or omission to the Territorial secretary 
 who shall caiise the names of the justice or justices so making 
 ■default to be published in the official gazette of the Territories' 
 •during two successive issues thereof with a notice stating that 
 in default of the justice or justices therein named making such 
 Teturns or transmissions within thirty days from the first publi- 
 cation of such notice the name of such justice or justices so 
 making default shall be erased from the commission of the 
 peace ; and the Territorial secretary shall on the expiration of 
 thirty days from the date of the first publication in The North- 
 West Territories Gazette erase from the commission of the 
 peace the name of every justice of the peace still in default and 
 upon such erasure such justice or justices of the peace shall be 
 and become deprived of all power and authority and jurisdic- 
 tion as justice of the peace and shall not thereafter be eligible 
 for reappointment. C. O. 32, s. 12. 
 
 Negiectto 13. The penalties in this Ordinance provided for omission 
 
 Penalties to make returns shall be in addition to all other fines, penalties 
 
 or punishment provided therefor by any other Ordinance or law 
 
 in force in the Territories. C. 0. 32, s. 13. 
 
 return 
 
 maSng/aise ^^' ^"^ °^®® ^^^ justice Or justices before whom any such 
 conviction takes place or who receives or receive any such 
 money neglects or refuses, neglect or refuse to make such return 
 thereof or in case any such justice or justices wilfully makes or 
 make a false, partial or incorrect return every such justice so 
 neglecting or refusing or wilfully making such false, partial or 
 incorrect return shall forfeit and pay the sum of $100 together 
 with full costs of suit to be recovered by the attorney general 
 on behalf of her Majesty before the supreme court of the 
 Territories as a debt, the same when recovered to form part of 
 the general revenue fund of the Territories. C. 0. 32, s. 14. 
 
 SCHEDULE. 
 
 FOEM A. 
 
 1 
 
 The Attorney General, 
 Kegina, iST.W.T. 
 
 SlE, 
 
 I enclose herewith the sum of $ " being the amount of 
 
 the penalty collected on the day of 1 
 
MAGISTRATES 
 
 727 
 
 from of 
 
 at on the 
 
 on conviction for 
 to the provisions of section 
 
 imposed by 
 day of 
 
 of 
 
 contrary 
 
 Tour obedient servant, 
 
 J.P. 
 
 rOKM B. 
 
 Ketuex by Justice or the Peace. 
 
 I, the undersigned one of her Majesty's Justices of the Peace 
 in and for the ISTorth-West Territories do certify the following 
 to be a true and correct return of all proceedings heretofore had 
 in which I took part as such justice and not included in some 
 previous return made by me to the attorney general of the 
 Territories. 
 
 c S o 
 
 OtSTJ 
 
 •Sue 
 
 *" S-i 
 
 ° o 
 
 ? <i> 51 
 
 cS S c3 
 
 <! o p. 
 
 ■gg" 
 
 Q^ 
 
 a K 
 .as 
 
 to m 
 
 000 
 
 < o 
 
 flj QJ w 
 
 Woo 
 
 Remarks, giving 
 
 subsequent 
 
 action, if any 
 
 Dated at 
 
 J.P. 
 
728 
 
 MAGISTEATES 
 
 MAGISTRATES. 
 
 AMEH'DMEN'T. 
 
 21 Nov": ma '"An Ordinance to amend Chapter 32 of The Consoli- 
 dated Ordinances 1898, intituled "An Offdinance 
 respecting Justice^ of the Peace.'' 
 
 [Assented to November 21, 1903.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 
 enacts as follows : 
 
 Subsection 2 
 of SPcMon 5 
 amended 
 
 Police 
 magistrates 
 
 Section 61 
 N.W.T. Act 
 repealed 
 
 1. Subsection 2 of Section 5 of The Magistrates Ordinance 
 is hereby amended by striking out the words "under any A'ct of 
 the Parliament of Canada" where they occur therein. 1903, 
 Sess. 2, e. 10, s. 1. 
 
 !3. The Lieiitenant Governor in Council may appoint police 
 magistrates in the Territories and such police magistrates shall 
 have all the powers and authorities now or hereafter vested in 
 two justices .of the peace under any law in Canada and shall 
 exercise jurisdiction in and for such territory as is defined by 
 the Order in Council appointing them or by any Order in 
 Council amending the same. 
 
 (2) ISTo person shall be appointed a police magistrate unless 
 he has been admitted and has practised as an advocate, barrister 
 or solicitor in the Territories or in one of the provinces of 
 Canada for a period of not less than three years. 
 
 (3) Every police magistrate and every justice of the peace 
 whether heretofore or hereafter appointed shall hold office 
 during the pleasure of the Lieutenant Governor in Council and 
 his appointment may at any time be revoked. 
 
 (4) Notwithstanding the resigiiation or revocation of the 
 appointment of any police magistrate or justice of the peace he 
 shall remain liable to transmit all fines and make all returns 
 that he was liable to transmit or make at the time of such resis;- 
 nation or revocation and shall be subject to all penalties for 
 failure to transmit such fines or make such returns as if he had 
 continued such police magistrate or justice of the peace. 1903, 
 Sess. 2, c. 10, s. 2. 
 
 3. Section 64 of The NoHh-West Territories Act as enacted 
 and amended by section 7 of chaioter IT of the Statutes of 
 Canada of 1894 and sections 11, 12 and 13 of chapter 28 q:^ the 
 Statutes of Canada of 1897 are hereby repealed. 1903, Sess. 
 2, c. 10, s. 3. 
 
y 
 
 MARKING AND INSPECTION OF STOCK. 
 
 See BEANDS. 
 
 MARRIAGE. 
 
 Principal Ordinance revised CO. i8gS c. 46 am'd. 
 
 Amendment ' igoi c. ly 
 
 Further amendment igoj sess. 1, i, ri 
 
 An Ordinance respecting Marriages. fsMarchiEg" 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 Sl-IOET TITLE. 
 
 1- This Ordinance may be cited) as "The Marriage Orc?m- short title 
 ance." C. O. 46, s. 1. 
 
 SOLEMNISATION" OF MAEllIAGE. 
 
 3. The ministers and clergymen of every church or religious '^1'° ""»■? 
 denomination duly ordained or appointed accordins; to the rites marriage • 
 
 , ^ ^ ... cereijiony 
 
 and ceremonies of the churches, denominations or religious 
 bodies to which they respectively belong and commissioners and 
 staff officers of the Salvation Army may by virtue of such ordi- 
 nation or appointment' and according to the rites and usages of 
 such churches, denominations or religious bodies respectively 
 and commissioners appointed for that purpose by the Lieu- 
 tenant Governor in Council may solemnise or perform the 
 ceremony of marriage between any two persons not under a 
 legal disqualification or disability to contract such marriage. 
 C. O. 46, s. 2. 
 
 3. Except as hereinafter provided no marriage commissioner Marriage 
 shall solemnise marriage unless the parties to the intended mar- to be 
 riage produce to him the licence provided for by this Or din- without 
 ance; and no minister or clerg,yman or other person authorised banns 
 to perform the ceremony or marriage shall solemnise marriage 
 unless the parties to the intended marriage produce to him such 
 licence or unless the intention of the two persons to intermarry 
 has been proclaimed by publication of banns at least thrice 
 openly on two successive Sundavs in some public relio;ious 
 assembly. 0. O. 46, s. 3 and 1901, c. 17, s. 1. 
 
730 
 
 MABEIAGE 
 
 Witnesses 
 
 Begistration 
 
 4. All marriages shall be solemnised in the presence of two or 
 more credible witnesses besides the minister^ clergyman, mar- 
 riage commissioner or other person performing the ceremony ; 
 and every person solemnising a marriage shall register the same 
 according to the provisions of The Vital Statistics Ordinance. 
 C. O. 46, s. 4. 
 
 agai'nst°p°er8on ^' ^0 pcrson duly authorised who solemnises a marriage in 
 marriage™^ Conformity with the provisions of section 2 of this Ordinance 
 shall be subject to any action or liability for damages or other- 
 wise by reason of there having been any legal impediment to 
 the marriage unless at the time when he performed the cere- 
 mony he was aware of the impediment. C. O. 46, s. 5. 
 
 » 
 
 ISSUE OF MAEEIAGE LICENCES. 
 
 Issue of 
 licenses 
 
 6. Marriage licences shall be in form A in the schedule to 
 this Ordinance and shall be supplied from the department of 
 the Territorial secretary and shall be issued to persons requiring 
 the same by such persons aS the Lieutenant Governor in Council 
 
 may name for that purpose, 
 c. 11, s. 3. 
 
 C. 0. 46, s. 6 and 1903, Sess. 1, 
 
 Signature of 
 licenses 
 
 7. Such licences shall be signed by the Territori-al secretary 
 and shall be and remain valid notwithstanding that the Terri- 
 torial secretary has ceased to hold office before the time of the 
 issue of the licence. C. O. 46, s. 7 and 1903, S'ess. 1, c. 11, 
 s. 4. 
 
 Signature by 
 issuer 
 
 8. Every issuer of marriage licences shall sign each licence 
 as the same is issued by him. C. O. 46, s. 8. 
 
 AfTidavit prior 
 to grant 
 of license 
 
 9- Before a licence is granted by any issuer one of the parties 
 to the intended marriage shall personally make an affidavit 
 before him 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 licences : 
 
 Provided always that the reason that neither party can so 
 attend shall be set forth in such affidavit as a justificaition for 
 the issuer granting licence without a personal application by 
 one of said parties. C. O. 46, s. 9. 
 
 ■her 10. In case the issuer has knowledge or reason to suspect 
 
 quired that any of the statements in the affidavit of any applicant for 
 
MAEEIAGE ^g-g 
 
 a marriage licence are not correct the said issuer shall require' 
 further evidence to his satisfaction before issuing the licence ; 
 and a copy of all such affidavits and evidence shall be placed on 
 file in his office. C. O. 46, s. 10. 
 
 The father, if living, of any person under twenty-one ^°"ria'e'of 
 
 11, 
 
 years of age (not being a widower or widow) or if the father is "^^^oiT 
 dead then the mother of the minor or if both parents are dead 
 then the lawfully appointed guardian or the acknowledged 
 guardian who may have brought up or for three years imme- 
 diately preceding the intended marriage supported or protected 
 the minor shall have atithority to give consent to such marriage. 
 
 (2) Any female over the age of eighteen years who is livinq Consent au- 
 
 , J. 7 , ,. ,., _.' pensed with 
 
 apart from her parents or guardians and earning her own live- 
 lihood may he excused from ohtaining the consent of such 
 parent or guardian and a statement of the facts' constituting 
 such excuse shall he set forth in the affidaiJit required by section 
 9 hereof. C. O. 46, s. 11 and 1903, Sess. 1, c. 11, s. 1. 
 
 13. Every issuer of marriage licences shall on the fifteenth ^g"„j^^g''|fj 
 day of January, April, July and October in each year make a licenses issuedi 
 sworn return to the Territorial secretary of all licences 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 licences in the 
 custody of the issuer and shall be made in the form' prescribed 
 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. C. O. 
 46, s. 12 and 1903, Sess. 1, c. 11, s. 3. 
 
 13. Every issuer of marriage licences shall whenever called ^,^^^™^'' 
 upon by the Territorial secretary make a sworn return of all licenses 
 licences at any time supplied to him and shall return all unis- 
 sued licences if so required. C. O. 46, s. 13 and 1903, Sess. 1, 
 
 c. 11, s. 3. ■ ■ 
 
 14. There shall be payable to every issuer of marriage Fees for 
 licences on the issue of .each licence 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. 0. 46, s. 14. 
 
732 MAEEIAGE 
 
 iYs'Ji'y^of'"''^^'* ^^' -^^y person unlawfully issuing a marriage licence sup- 
 
 soiemnlsaHon P^^^^ ^^^^ t^® department of the Territorial Secretary, any 
 
 of marriage issuer of marriage licences granting a licence without first 
 
 having obtained the affidavit required by this Ordinance, and 
 
 Penalty ^^^j pg^son solcmnising a marriage contrary to the provisions 
 
 of this Ordinance shall, on summary conviction thereof before 
 
 two justices of the peace, for every such contravendon forfeit 
 
 and pay a fine not exceeding $100 and costs of prosecution. 
 
 C. 0. 46, s. 15 and 1903, Sess. 1, c. 11, s. 3. 
 
 SCHEDULE. 
 FORM A. 
 CA^^ADA. } 
 
 aSToETH-WEST TeEKITOEIES. 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 solemnised the said A.B. (or CD.) has made oath that he 
 (or she) believes that there is no affinity, consanguinity or aiiy 
 other lawful cause or legal impediment to bar or hinder the 
 solemnisation of the said marriage. 
 
 And these are therefore to certify that the requirements in 
 this, respect -of the Ordinance respecting marriages have been 
 complied with. 
 
 Given under my hand at Eegina in the XorthAYest Terri- 
 tories this . day of 
 A.D. 1 . 
 
 Territorial Secretary. 
 Issued at in the Xorth-We^t Territories 
 
 this day of A.D. 1 . 
 
 Issuer. 
 
 EOEM B. 
 
 I A.B. Bachelor (or as the case may he) 
 
 or 
 CD. Spinster (or as the case may he) 
 
 make oath and say as follows : 
 
 1. I and CD., of Spinster (or as the case may 
 
 he), or A.B., of Bachelor (or as the case may he) 
 
 are desirous of entering into the contract of marriage and of 
 haviifg our marriage duly solemnised at 
 
MAEEIAGE 733 
 
 2. According to the best of my knowledge and belief there is 
 no aiEnity, consanguinity or any other lawful cause or legal 
 impediment to bar or hinder the solemnisation of the said mar- 
 riage. 
 
 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 tiventy-one 
 years add) 
 
 E.F. of is the person ^vhose 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.II. 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 .'i.B.) 
 having no lawfully appointed or acknowledged guardian there 
 is no person who has authority to give consent to the said mar- 
 riage. 
 
 o 
 
 {In case both the parties are minors and there is no person 
 whose consent is required by law add a similar statement con- 
 cerning the other party according to the facts.) 
 
 {Signed) A.B. {or CD.) 
 
 Sworn before me at \ 
 
 in the jSTorth-West Territories I 
 
 this day of A.D. \ « 
 
 I 
 
 {Signed) I.J. ) 
 
 MARRIAGE. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 46 of Tlie Consoli-igoicn 
 dated Ordinances i8g8 intituled "An Ordinance^'' 
 respecting Marriages.'' 
 
 {Assented'to-June 12, 1901.] 
 
 m 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows 
 
734 MAEEIAGE 
 
 Amended ^' Section 3 of The Marriage Ordinance is hereby amended- 
 
 by adding at the beginning thereof the words "Except as here- 
 inafter provided." 
 
 notioeto™*^^ ^' I^- the event of any parties objecting to or not being 
 commiseioner (jgsirous of adopting marriage by a clergyman or minister of 
 any religious denomination then and in that case notice in 
 writing in form G of the schedule hereto must be given by one 
 of the parties to the marriage commissioner where such parties 
 propose to marry at least fourteen clear days immediately pre- 
 ceding the day of the intended marriage and a declaration of 
 nondisqualification in form D of the schedule hereto miist be 
 made and signed by each of the parties so proposing to marry ; 
 and forthwith upon receipt of such notice and declaration the 
 same shall be entered upon a book to be kept for that purpose 
 by the marriage commisssioner in his office which shall be 
 open to the inspection of the public. 1901, c. 17, s. 2. 
 
 sione™'^' 3. Upon the due compliance of the parties with the provi- 
 
 certiflcate sions of the last preceding section the marriage commissioner 
 
 shall if required give a certificate of such compliance in form E 
 
 of the schedule hereto. 1901, c. 17, s. 3. 
 
 Marriage by 4. After the expiration of the said period of fourteen days 
 
 commissioner ^ ^ ' ^ _ "^ 
 
 marriage may be contracted in the office of and solemnised by 
 the said marriage commissioner according to the form and in 
 the manner hereinafter mentioned but not otherwise: 
 
 (o) Provided that the marriage shall be contracted with 
 open doors in the presence of two or more credible 
 witnesses besides the marriage commissioner; 
 
 (6) Provided further that in the presence of such mar- 
 riage commissioner and witnesses each of the parties 
 shall declare: "I do solemnly declare that I know 
 "npt 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 per- 
 "sons here present to witness that I, A.B., do take 
 "thee, CD., to be my lawftil wedded wife (or hus- 
 "band) ;" 
 
 (c) Provided also that there be no lawful impediment to 
 the lawful marriage of such parties. 1901, c. 17, 
 s. 4. 
 
 Quakersor 5. Nothing in this Ordinance shall be construed as in any 
 
 wav preventing the people called Quakers or Doukhobortsi 
 from celebrating marriage (where either or both the parties 
 
MAEEIAGK 735 
 
 shall be of the people called Quakers or Doukhobortsi respec- 
 tively) 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 religion or creed shall not less 
 than eight days before such marriage is solemnised 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 
 so contracted 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 solemnised; and such registrar ^hall deal 
 with the said notice and declaration in the manner in which it 
 is provided by The Vital Statistics Ordinance that such regis- 
 trar shall deal with the forms containing the original entries of 
 marriages reported to him during the month then current. 
 1901, c. 17, s. 5. _ 
 
 6. Every marriage heretofore solemnised between persons Marriages 
 not under legal disqualification to contract such marriage shall sotpmnised 
 be deemed a valid marriage so far as respects the civil rights of 
 the Worth- West Territories of the parties or their issue and in 
 respect of all matters within the jurisdiction of the Lea:islative 
 Assembly of the North- West Territories notwithstanding that 
 the person who solemnised such marriage was not duly author- 
 ised to solemnise marriage and notwithstanding any irregu- 
 larity or insufficiency in the publication of banns or in the 
 issue of licence or notwithstanding the entire absence of either: 
 
 Provided that the parties after such solemnisation lived 
 tnEjethcr and cohabited as husband and wife. 1901, c. 17, s. 6. 
 
 7. This Ordinance shall come into force and effect on the commence 
 first day of September, 1901. 
 
 meat, 
 
736 
 
 JIAEEIAGE 
 
 SCHEDULE. 
 
 FOKM C. 
 
 ]S''OTICE OF MaEEIAGE. 
 
 To 
 
 of 
 
 Marriage Commissioner. 
 
 I herebj' give you notice that a marriage is intended to be 
 had on the day of 190 
 
 between me and the other party described and named hereia. 
 
 Name 
 
 Condition 
 
 Rank or Profession 
 
 Age 
 
 Dwelling 
 place 
 
 Witness mv hand this 
 
 day of 
 
 19 
 (Signed) A.B. 
 
 1901 c. 1'; 
 
 FOKM D. 
 
 DeCLAEATIO]^ of jSToNDISQUxiLIFICATIOX; 
 
 "We severally do solemnly declare that we know of no lawful 
 impediment of kindred or alliance or other lawful hindrance 
 why we may not be joined in matrimony. 
 
 of 
 of 
 
 19 
 
 1901, 0. 17. 
 
MAEEIAGi; 
 
 737 
 
 FOEM E. 
 
 Maeeiage Commissioner's Ceetificate. 
 
 I, , marriage commissioner in the 
 
 North-West Territories, do hereby certify that on the 
 
 day of 190 notice "was duly entered 
 
 in the marriage notice book kept 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 
 
 190 
 190 
 
 "Witness my hand at 
 day of 
 
 this 
 
 lt> 
 
 Marriage Commissioner. 
 
 1901, c. 17. 
 
 FORM F. 
 
 Declaeation of Maeeiage. 
 
 We, the persons herf^iuafler 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 alliance or other lawful hindranc t 
 why we A.B. and CD may not be joined in matrimony. 
 
Y38 
 
 MAEEIAGE 
 
 BEIDEGEOOM. 
 
 Name in full. 
 
 
 Age. 
 
 
 Place of residence 
 (Nearest Post Office. ) 
 
 > 
 
 Place of birth. 
 
 
 Bachelor or 
 widower. 
 
 
 Profession or 
 occupation. 
 
 
 Names of parents. 
 
 J Father 
 1 Mother 
 
 • 
 
 BEIDE. 
 
 Name in full. 
 
 
 Age. 
 
 
 Place of residence 
 
 before marriage. 
 
 {Nearest Post Office.) 
 
 
 Place of birth. 
 
 
 Spinster or widow. 
 
 
 Names of parents. 
 
 j Father 
 1 Mother 
 
 Name of owner or 
 occupant of house 
 in which marriage 
 
 took place, and 
 nearest Post Office. 
 
 Names and' 
 residences of two 
 
 witnesses. 
 
 of 
 of 
 
 In the presence of us 
 
 A.B. 
 CD. 
 
 E.F. 
 G.H. 
 
MAEEIAGE 739 
 
 I certify the foregoing to be true and correct to the best of 
 my knowledge and belief. 
 
 Given under my hand at this day 
 
 of " 190 . 
 
 I.J., 
 
 Marriage Commissioner. 
 1901, c. 17. 
 
 MARRIAGE. 
 
 AMENDMENT. 
 
 An Ordinance further to amend Chapter 46 of The isns seas ic.u 
 Consolidated Ordinances 1898 intituled '< An'"'"''""'"' 
 Ordinance respecting Marriages." 
 
 \_Assented to April 25, WOS.} 
 
 THE Lieutenant Governor by and with the advice andi 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. and 3. * * * * * * * * • 
 
 3. The said Ordinance and the forms in the schedule thereto Territorial 
 are hereby amended by striking out the words "attorney gen- st1tutedf2)rAt- 
 eral" where they occur therein and substituting therefor the °™^^ enerai 
 words "Territorial secretary." 
 
 4. AH marriage licences heretofore signed by the attorney Licenses sign- 
 general shall be and remain valid notwithstanding that the General to™^^ 
 harae may not be issued until after the coming into force of this ''®™^'" ™ ^ 
 Ordinance. 
 
 MARRIAGE REGISTRATION. 
 
 See VITAL STATISTICS. 
 
uo 
 
 MASTERS AND SEliVAKTE 
 
 MARRIED WOMEN'S PERSONAL 
 PROPERTY. 
 
 foMafchiVg' A^ Ordinance respecting the Personal Property of 
 
 Married Women. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 Personal 
 property of 
 married 
 Avomen 
 
 1. A married woman shall in respect of personal property be 
 imder no 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. C. 0. 47, s. 1. 
 
 1904 0. 5 
 8 Oct. 1901 
 
 Contracta 
 of hiring 
 
 Misconduct 
 of servant 
 
 Penalty 
 
 MASTERS AND SERVANTS. 
 
 An Ordinance respecting Masters and Servants. 
 
 \_Assented to October 8, J 90^.]' 
 
 ^r^LEE Lieutenant Governor by and with the advice and 
 J_ consent of . the Legislative Assenjbly of the Territories 
 enacts as follows : 
 
 1. Every contract or hire of personal service shall be subject 
 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, 
 journeyman, apprentice, servant, labourer or otherwise howso- 
 ever, 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 viola- 
 tion 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 
 thereof forthwith shall be imprisoned for any period not 
 exceeding one month unless the fine imposed and co^ts together 
 with the costs of commitment and conveying such convicted 
 person to the place of imprisonment be sooner paid. 1904, c. 3, 
 s. 2. 
 
MASTEltS AND SEEVAIN'TS '^j.J 
 
 ^* -^iiy justice upon oath of any employee, servant or Proceedings 
 . labourer complaining against his master or employer concern- mento? wages 
 ing any nonpayment of wages (not exceeding two months 
 wages the same having been first demanded) illusage or impro- 
 per dismissal 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 ser- 
 vice 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 Six weeks 
 servant or labourer has been improperly dismissed from the aiiowe™'''' 
 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 two months wages as aforesaid) direct such master or 
 employer to pay stich 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. 
 
 (3) If upon the inquiry by the justice it is made to appear b°e'm''[o''^™ 
 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 counter- 
 claim the justice shall not further inquire into the matter 
 but shall forthwith transmit the information and other papers Papers to be 
 
 , , , - n 1 J- J.1 tiansmitted to 
 
 connected therewith to the clerk or deputy clerk oi the supreme clerk ot court 
 court in whose district or subjudicial district respectively the 
 matter arose. 
 
 (4) The clerk or deputy clerk upon receipt of the said infer- cierk shall 
 mation and papers shall immediately enter the complaint as an complaint as 
 action under order 47 of the rules of court and the infor- 
 mation 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. 
 
74:2 
 
 MECHANICS INSTITUTES 
 
 Procedure 
 on trial 
 
 Judgment 
 
 Limit of time 
 for instituting 
 proceedings 
 
 Ordinance 
 applies to 
 contracts 
 made outside 
 Territories 
 
 Civil remedy 
 preserved 
 
 "Master" or 
 "employer" 
 
 Repeal 
 
 (5) The clerk or 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. 
 
 (6) In the event of the jiidgment 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 
 complaint was laid. 1904, c. 3, s. 3. 
 
 4. Proceedings may be taken under this Ordinance within 
 three months 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. 
 
 5. The provisions of this Ordinance shall be held to apply 
 in the Territories to contracts and agreements made at any 
 place outside the same. 1904, c. 3, s. 5. 
 
 6. ISTothing in this Ordinance shall in any wise curtail, 
 abridge or defeat any civil or other remedy for the recovery of 
 wages or damages which employers or masters may have 
 against servants or employees 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 this 
 Ordinance shall include a corporation as well as an individual 
 or partnership. 1904, c. 3, s. 7. 
 
 8. Chapter 50 of The Consolidated Ordinances 1898 and all 
 amendments thereto are hereby repealed. 1904, c. 3, s. 8. 
 
 MECHANICS' AND LITERARY 
 INSTITUTES. 
 
 fsMarchml -^^ Ordinance respecting Mechanics' and Literary 
 
 Institutes. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SIIOET TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "The Mechcmics' and 
 Literary Institutes Ordinance." C. O. 67, s. 1. 
 
MECHANICS INSTITUTES 74b 
 
 ORGANISATION AND OBJECTS OF INSTITUTES. 
 
 3. A mechanics' and literary institute shall be held to have OTganifation 
 been organised under the provisions of this Ordinanse when- 
 ever' thirty persons resident in any town or village incor- 
 porated or otherwise or in any township or two townships 
 contiguous in either of which there is not already organised an 
 institute under this Ordinance have signed a declaration setting 
 out the amounts subscribed by each and naming the place where 
 the institute purposes to carry on its objects and forwarded the 
 same to the Territorial secretary with an accompanying certi- 
 ficate signed by one of the subscribers and verified before any 
 person authorised to administer oaths or affidavits to be used in 
 the supreme court of the Territories, such declaration and cer- 
 tificate to be in form A in the schedule hereto. C. 0. 6Y, s. 2. 
 
 3. Upon the Lieutenant Governor in Council approving the J/|^^j.°" °' 
 ■organisation of the proposed institute the party making the 
 certificate accompanying the same or in his absence any one 
 appointed by the Territorial secretary shall call a meeting for 
 
 the election of the various ofiicers by public notice specifying 
 the time and place of meeting published for two weeks in the 
 nearest newspaper or posted in five conspicuous public places 
 In the town, village or township as the case may be at least 
 fifteen days before the time fixed for holding such meeting. 
 Such meeting shall be held in the town, village or township or 
 one of the townships where the institute intends prosecuting 
 the objects for which the same has been organised. 
 
 (2) The officers to be elected at such meeting shall be a 
 president, vice president, secretary treasurer, auditor and not 
 less than five directors and the persons entitled to vote, at such 
 meeting shall be members. C. O. 67, s. 3. 
 
 4. Any person may become a member of a mechanics' and Annual 
 
 ■^ ^ '' T • r\ T 1 ■ euDscnption 
 
 literary institute organised under this Ordinance by paying to 
 the treasurer thereof yearly the sum of $1 which shall be held 
 to be due on the first day of each calendar year. C. O. 67. s. 4. 
 
 5. The objects of institutes organised under this Ordinance Purpose 
 :shall be to encourage mechanics, manufactures and arts gener- 
 ally: 
 
 (a) By having evening cla=s?s organised for the impart- 
 ing of practical instruction to its pupils ; 
 
 (&) By establishing a library of books on^one or more of 
 the following subjects, viz: mechanics, manufactures, 
 
744 
 
 MECHAXICS I^'HTITUTJiS 
 
 Annual 
 meeting 
 
 agriculture, horticulture, philosophy, science, the fine 
 and decorative arts, history, travels, poetry, biog- 
 raphy and fiction ; 
 
 (c) Establishing a reading room. C. O. 67, s. 5. 
 
 6. The annual meeting of every institute shall be held in 
 the month of October in each year on the call of the president 
 who shall give eight days notice thereof by circular addressed 
 and posted prepaid to each member of the institute or by public 
 notice published in the nearest newspaper or by posting it in 
 five conspicuous places as provided in section 3. hereof when 
 there shall be elected a president, vice president, a secretary 
 treasurer and not less than five directors and an auditor. 
 
 (2) If the president refuses or omits to call such meeting as 
 herein provided the same may be called by the vice president 
 or any three members for any time during the month of 
 N'ovember. C. O. 67, s. 6. 
 
 Voting, etc. 7, j^Q person shall vote or take part in any annual or other 
 meeting of any institute who has not at the time of such 
 meeting paid up all subscriptions due by him to the said insti- 
 tute, b. O. 07, s. 7. 
 
 Meeting of 8. A meeting; of the officers shall be called by written notice 
 
 offir.ers ° . ... 
 
 How called delivered or mailed to each officer given by authority of the 
 president or in his absence the vice president or at the request 
 of any three officers at least five days before the day appointed 
 and at any such meeting four shall be a quorum. C. 0. 67, s. 8. 
 
 Annual report 9, The officers of an institute shall present at the annual 
 meeting a report of their proceedings diiring the year in which 
 shall be stated : 
 
 (a) The names of the members of the institute; 
 
 (&) The ajmount paid by each set opposite his name; 
 
 (c) The classes organised ; 
 
 (d) A list of books purchased; 
 
 (e) A list of newspapers and periodicals on file; together 
 with, 
 
 (f ) Such remarks on the progress of the organisation and 
 use to which it has been put as the directors are 
 enabled to offer. C. 0. 67, s. 9. 
 
 Financial 10. There shall also be presented at the annual meetino- a 
 
 statement to ., . x j! j.i • , •> ■• . 
 
 be audited detailed statement ot the receipts and disbursements of the 
 
:mechanics' institutes Y45 
 
 institute during the year which said statement shall be audited 
 by the auditor in that behalf before being submitted to the 
 said meeting. C. O. 67, s. 10. 
 
 11. The said report and statement if approved by the Certifled^oopy 
 meeting shall be entered in the journals of the institute kept ^|p°^j'j,'° *>« 
 for such purpose and signed by the president or vice president JecrefaJy'^ 
 as being a correct entry and a true copy thereof certified by the 
 president and secretary for the time being shall be forwarded 
 to the Territorial secretary within one month from the date of 
 such meeting. C. O. 67. s. 11. 
 
 13. The officers shall give such information as in their Officers 
 
 Tiim'-i f • .to give 
 
 power lies that the 1 erritorial secretary may from time to time information 
 require touching the interest and condition of 'the objects of 
 the organisation in their locality. C. 0. 67, s. 12. 
 
 13. The funds of the institute however derived may l^e ^jP^Jj^^'^^tion 
 expended for any object not inconsistent with those authorised 
 
 by this Ordinance ; provided that not more than one-quarter of 
 the amount received shall be expended for the purpose of a 
 reading room. 0. O. 67, s. 13. 
 
 14, Each institute formed under this Ordinance shall be a institute to be 
 corporation with a corporate seal under the name of "The 
 Mechanics' and Literary Institute of 
 
 (inserting the distinguishing name of the institute) and shall Powers 
 have power to acquire, hold, sell, mortgage, lease or otherwise 
 dispose of or incumber the real estate and other properties real 
 and personal. C. 0. 67, s. 11. 
 
 SCHEDULE. 
 
 FORM A. 
 
 We, the undersigned, respectively residing in the (to^vn, 
 village, township or townships, and if the latter give the range) 
 of in the district of agree 
 
 10 form ourselves into an institute under the provisions of The 
 Mechanics and Literary Institutes Ordinance, under the .lame 
 of "The Mechanics' and Literary Institute of 
 and we respectively promise to pay to the treasurer of tisc said 
 institute annually as long as we continue members thereof, the 
 sums set opposite our respective names and conform our- 
 
746 
 
 MECHANICS LIENS 
 
 selves to the bylaws and regulations of the said institute and 
 we hereby state that we purpose carrying on tlie objects of our 
 organisation at the town (or village) of 
 
 (or on the quarter of Section Township 
 
 Eange West Meridian). 
 
 I • of one of the 
 
 subscribers to the above declaration hereby certify that the sum 
 of at least one dollar has been paid by each of the above sub- 
 scribers as his first annual subscription to the proposed 
 mechanics' and literary institute of ; and that I 
 
 held on behalf of the said proposed institute the several 
 amounts so paid. 
 
 (Subscriber's signature.) 
 
 1, the above named do solemnly declare 
 
 that the facts set forth by me in the foregoing certificate signed 
 by me are true ; and I make this solemn declaration conscien- 
 tiously believing it to be true and knowing that it is of the 
 same force and effect as if made under oath and by virtue of 
 The Canada Evidence Act 1893. 
 Declared before me at 
 
 this day of }- (Subscriber's signature.) 
 
 (Signature of officer receiving declaration.) 
 
 C. O. 67. 
 
 MECHANICS'/ LIENS. 
 
 Principal Ordinance C. O. i8g8 c. efg . 
 
 Amending Ordinance 1903, sess. 2, c. 18. 
 
 CO. 1898 c. 69 An Ordinance respecting' Liens in favour of Mechanics 
 
 16 Masch 1899 1.1 
 
 and others. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
MECHANICS LIENS 747 
 
 SHOKT TITLE. 
 
 1. This Ordinance may be cited as ''The Mechanics' Lien short title 
 'Ordinance." C. O. 59, si 1. 
 
 INTEEPKETATIOX. 
 
 2. In this Ordinance: interpretation 
 
 1. The expression "contractor" means a person contracting "Contractor" 
 with or employed directly by the owner for the doing of work 
 
 or placing or furnishing of machinery or materials for any of 
 the purposes mentioned in this Ordinance ; 
 
 2. The expression "subcontractor" means a person not con- ggnt^'actor' 
 tracting with or employed directly by the o^vner for the 
 purposes aforesaid but contracting with or employed , by the 
 contractor or under him by another subcontractor ; 
 
 3. The expression "owner" shall extend to and include a "Owner" 
 person having any estate or interest in the lands upon or in 
 respect of which the work is done or materials or machinery 
 
 are placed or furnished at whose request and upon whose credit 
 or on whose behalf or consent or for whose direct benefit any 
 such work is done or materials or machinery placed or fur- 
 nished, and all persons claiming under him whose rights are 
 acquired after the work in respect of which the lien is claimed 
 is commenced or the materials or. machinery furnished have 
 been commenced to be furnished ; 
 
 4. The expression "labourer" shall extend to and include Labourer 
 every mechanic, artisan, machinist, minen, builder or other per- 
 son doing labour for wages. C. 0. 59, s. 2 and 1903, Sess. 2, 
 
 c. 18, s. 1. 
 
 LIBM" FOE WOKK ON MATERIALS. 
 
 3. ISTo agreement shall be held to deprive any one otherwise Agr^eement 
 entitled to a lien under this Ordinance and not a party to the 
 agreement of the benefit of the lien but the lien shall attach Third party's 
 notwithstanding such agreement. C. O- 59, s. 3. 
 
 4. Unless he signs an express agreement to the contrary Nature of lien 
 every mechanic machinist, builder, miner, labourer, contrac- 
 tor, or other person doing work upon or furnishing materials 
 
 to be used in the construction, alteration or repair of any 
 building or erection, or erecting, furnishing or placing 
 machinery of any kind in, upon or in connection with any 
 
748 
 
 MECI-IAIilCS LIENS 
 
 building, erection or mine, shall, by virtue of being so employed 
 or furnishing, have a lien for the price of the vpork, machinery 
 or materials, upon the building erection or mine, and the lands 
 occupied thereby or enjoyed therewith, limited in amount to 
 the sum justly due to the person entitled to the lien. C. 0. 59, 
 s. 4. 
 
 Where estate 
 charged is 
 leasehold 
 
 Prior 
 
 mortgage 
 
 P^pefty^pon 5. The Hen shall attach upon the estate and interest of the 
 
 shall attach owner, as deiined by this Ordinance, in the building, erection 
 
 or mine in respect of which the work is done or the materials 
 
 or machinery placed or furnished and the land occupied 
 
 thereby or enjoyed therewith. 
 
 (2) In cases where the estate or interest charged by the lien 
 is leasehold the land itself may also with the consent of the 
 owner thereof be subject to said lien provided such consent is 
 testified by the signature of such owner upon the claim of lien 
 at the time of registering thereof and duly verified. 
 
 (3) In case the land upon or in respect of which any work 
 as aforesaid is executed or labour performed or upon which 
 materials or machinery are placed is incumbered by a prior 
 mortgage or other charge and the selling value of the land is 
 increased by the construction, alteration or materials or 
 machinery, the lien under this Ordinance shall be entitled to 
 rank upon the increased value in priority to the mortgage or 
 other charge. C. 0. 59, s. 5. 
 
 6. Without prejudice to any lien which he may have under 
 the preceding sections every mechanic, labourer or other person 
 who performs labour for wages upon the construction, altera- 
 tion or repairs of any building or erection or in erecting or 
 placing machinery of any kind in, upon or in connection with 
 any building, erection or mine shall to the extent of the interest 
 of the owner have upon the building, erection or mine and the 
 land occupied thereby or enjoyed therewith a lien for such 
 wages, not exceeding the wages of thirty days or a balance 
 equal to his wages for thirty days. 
 
 (2) The lien for wages given by this section shall attach 
 when the labour is in respect of a building, erection or mine on 
 property belonging to the wife of the person at whose instance 
 the work is done, upon the estate or interest of the wife in such 
 property as well as upon that of her husband. C. 0. 59, s. 6. 
 
 ?etoinSo% of '''•In all cases the owner shall in the absence of a stipulation 
 contract price to the Contrary be entitled to retain for a period of thirtv days 
 
 alter the completion of the contract ten per centum of the price 
 
 to be paid to the contractor. C. O. 59, s. 7. 
 
 Claim for 
 wages 
 
mechanics' liens 749 
 
 8. In case the lien is claimed by a stibcontractor the amount ^^"^1,'^'™'"^ 
 which may be claimed in respect thereof shall be limited to the contractor 
 amount payable to the contractor or subcontractor (as the case 
 
 may be) for -whom the work has been done or the materials or 
 machinery have been furnished or placed. C.-O. 51), s. 8. 
 
 9. All payments up to ninety per centum of the price to be made in |ood 
 paid for the work, machinery or materials as defined by section notice of uen 
 4 of this Ordinance, made in good faith by the owner to the 
 contractor or by the contractor to the subcontractor or by one 
 subcontractor to another subcontractor before notice in writing 
 
 by the person claiming the lien has been given to such owner, 
 contractor or subcontractor (as the case may be) of the claim of 
 siich person, shall operate as a discharge pro tanto of the lien 
 created by this Ordinance, but this section shall not apply to 
 any payment made for the purpose of defeating or impairing a 
 claim to a lien existing or arising under this Ordinance. 
 
 (2) A lien shall in addition to all other rights or remedies 
 given by this Ordinance also operate as a charge to the extent 
 of ten per centum of the price to be paid by the owner for the 
 work, machinery or materials, as defined by section 4 of this 
 Ordinance, up to ten days after the completion of the work or 
 of the delivery of the materials in respect of which such lien 
 exists and no longer unless notice in writing be given as herein 
 provided. 
 
 (3) A lien for wages for thirty days or for a balance equal 
 to the wages for thirty days shall to the extent of the said ten 
 per cent, of the price to be paid to the contractor have priority 
 over all other liens under this Ordinance and over any claim 
 by the owner against the contractor for or in consequence of the 
 failure of the latter to complete his contract. CO. 59, s. 9. 
 [Vide subsection (3) of section 2 of 1903, Sess. 2, c. IS,' 
 post p. 759.] 
 
 10. Save as herein provided the lien shall not attach so asLien^noUo 
 to make the owner liable to a greater sum than the sum payable Uawuty of 
 by the owner to the contractor. C. O. 59, s. 10. 
 
 11. All persons furnishing material to or doing labour f or Persons^^^.^^ 
 the person having a lien under this Ordinance in respect of the a|--^ the^ 
 subject of such lien, who notify the owner of the premises 
 
 sought to be affected thereby, within thirty days after such 
 material is furnished or labour performed of an unpaid account 
 or demand against fiuch lienholder for such material or labour 
 shall be entitled, subject to the provisions of sections 6 and J 
 of this Ordinance, to a charge therefor pro rata upon any 
 
r50 
 
 MECHANICS LIENS 
 
 T)isputes to be 
 •settled by 
 .action or 
 arbitration 
 
 amount payable by such owner under said lien; and if the 
 owner thereupon pays the amount of such charge to the person 
 furnishing material and doing labour as aforesaid such pay- 
 ment shall be deemed a satisfaction pro tanto of such lien. C. 
 0. 59, s. 11. 
 
 13. In case of 'a dispute as to the validity or amount of an 
 unpaid account or demand of which notice is given to the owner 
 under the preceding section the same shall be first determined 
 by action in the supreme court in that behalf or by arbitration_ 
 in manner mentioned in section 14 of thii Ordinance at the 
 option of the person having the unpaid account or demand 
 against th^ lienholder ; and pending the proceedings to deter- 
 mine the dispute so much of the amount of the lien as is m 
 question therein may be withheld from the person claiming the 
 lien. C. 0. 59, s. 12. 
 
 Failure to pay 13. j^ case' the person primarily liable to the person giving 
 such notice as mentioned in section 11 of this Ordinance fails 
 TO pay the amount awarded within ten days after the award is 
 made or judgment given the owner, contractor or subcontractor 
 may pay the same out of any moneys due by him to the person 
 primarily liable as aforesaid, on account of the work done or 
 materials or machinery furnished or placed in respect of which 
 the debt arose ; and such payment if made after an award or 
 judgment or if made without any arbitration or suit having 
 been previously had or dispute existing then if the debt in fact 
 existed and to the extent thereof shall operate as a discharge 
 pro ianto of the moneys so due as aforesaid to the person 
 primarily liable. C. O. 59, s. 13. 
 
 Arbitration 
 of sub- 
 contractor's 
 claim 
 
 14. In' case a claim is iliade by a subcontractor in respect of 
 a lien on which he is entitled and a dispute arises as to the 
 amount due or payable in respect thereof the same shall be 
 settled by arbitration. 
 
 (2) One arbitrator shall be appointed by the person making 
 the claim, one by the person by whom he was employed and the 
 third arbitrator by the two so chosen. 
 
 (3) The decision of the arbitrators or a majority of them 
 shall be final and conclusive; 
 
 (4) In case either of the parties interested in any such dis- 
 pute refuses or neglects within three days after notice in 
 writing requiring him to do so, to appoint an arbitrator or if 
 the arbitrators appointed fail to agree upon a third the appoint- 
 ment may be made by a judge of the supreme court. C. O. 59 
 s. 14. 
 
mechanics' liens Hf-. 
 
 15. During the continuance of a lien no portion of the Material 
 property or machinery affected thereby shall be removed to the uf^n'olt'o^ 
 prejudice of the hen ; and any attempt at such removal may be '"'"°''' ' 
 
 EEGISTEATION OF LIEN. 
 
 _ 16. A claim of lien applicable to the case may be deposited Registration 
 m the land titles office of the land registration district in which °*"'" 
 the land is situated and shall state: 
 
 (a) The name and residenc3 oE ths claimant and of the 
 owner of the property to be charged and of the person 
 for whom and upon whose credit the work is done or 
 materials or machinery furnished and the time or 
 period within which the same was or was to be done 
 or furnished ; 
 
 (h) The work done or material or machinery furnished; 
 
 (c) The sum claimed as due or to become due; 
 
 (d) The description of the property to be charged; 
 
 (e) The date of expiring of the period of credit agreed to 
 by the lienholder for payment for his work, materials 
 or machinery where credit has been given. 
 
 (2) Such claim shall be verified by the affidavit of the 
 claimant or his agent. C. O. 59, s. 16. 
 
 17. A claim for wages may include the claims of any num- claim for 
 ber of mechanics, labourers or other persons aforesaid who may Uniting 
 choose to unite them, in such case each claimant shall verify 
 
 his claim by his affidavit but need not repeat ths. facts set out 
 in the claim and an affidavit substantially in accordance with 
 form D in the schedule to this Ordinance shall be sufficient. 
 C. O. 59, s. 17. 
 
 18. The registrar upon payment of the proper fee shall f '^'™s to be 
 enter and register the claim as an incumbrance against the land incumbrance 
 or the estate or interest in land therein described as provided in 
 
 The Land Titles Act ISQJ/.. The said claim of lien may be 
 described as a mechanics' lien. CO. 59, s. 18. 
 
 19. Where a claim is so deposited the person entitled to the ^-^ien holder 
 
 ^ ^ a purchaser 
 
 lien shall be deemed a purchaser p?'o tanto. C. 0. 59, s. 19. vrotanta 
 
752 
 
 MECHANICS LIENS 
 
 Time for 
 registration 
 
 Time for 
 registration 
 
 30. Where the lien is for wages under sections 6 or 9 of thij 
 Ordinance the claims may be registered : 
 
 (a) At any time within thirty days after the la3t day's 
 labour for which the wages are payable ; or 
 
 (6) At any time within thirty days after the completion 
 of the construction, alteration or repair of the build- 
 ing or erection or after the erecting or placing of the 
 machinery in or towards which respectively the 
 labour was performed and the wages earned bat so 
 that the whole period shall not exceed sixty days from 
 the last day's labour aforesaid. 
 
 (2) Such lien shall not be entitled to the benefit of the pro- 
 visions of sections G and 9 of this Ordinance after the said 
 respective periods unless the same is duly registered before the 
 expiration of the said periods so limited. 
 
 (3) Such lien shall have the same priority for all purposes 
 
 CO. 59, s. 20. 
 
 afte 
 
 as before registration. 
 
 31. In either cases the claim of lien may be deposited before 
 or during the progress of the work or within thirty days from 
 the completion thereof or from the supplying o; placing the 
 machinery. C. 0. 59, s. 21. 
 
 PEOCEEDINGS TO REALISE LIEIv^. 
 
 Actions to 
 enforce 
 registered 
 lien 
 Time for 
 
 33. Every lien which has not been duly deposited under the 
 provisions of this Ordinance shall absolutely cease to exist on 
 the expiration of the time hereinbefore limited for the registra- 
 tion thereof unless in the meantime proceedings are instituted 
 to realise the claim under the provisions of this Ordinance and 
 a certificate thereof (which may be granted by the court in 
 which or judge before whom the proceedings are instituted) is 
 duly filed in the land titles office of the land registration 
 district wherein the property in respetft of which the lien is 
 claimed is situated. C. 0. 59, s. 22. 
 
 Action to 
 enforce 
 registered 
 lien 
 Time for 
 
 33. Every lien which has been duly deposited under the 
 provisions of this Ordinance shall absolutely cease to exist after 
 the expiration of ninety days after the work has been com- 
 pleted or materials or machinery furnished or wages earned or 
 the expiry of the period of credit where such period is men- 
 tioned in the claim of lien filed imless in the meantime 
 proceedings are instituted to realise the claim under the 
 provisions of this Ordinance and a certificate thereof (which 
 may be granted by the court in which or judge before whom 
 
MECIiAISTICs' LIENS 753 
 
 the proceedings are instituted) is duly registered in the land 
 titles office of the land registration district wherein the prop- 
 erty in respect of which the lien is claimed is situate. CO. 
 59, s. 23. 
 
 24. If there is no period of credit or if the date of expiry Time lor 
 of the period of credit is not stated in the claim so filed the lien period o"° 
 
 u«n J. • , ,1 •. n. , ^ credit or none 
 
 sJiali cease to exist upon the expiration of ninety days after the stated 
 work has been completed or materials or machinery furnished 
 unless in the meantime proceedings shall have been instituted 
 pursuant to section 23 of this Ordinance. CO. 59, s. 24. 
 
 35. In all cases the lien may be realised in the supreme "en 
 court in the judicial district in which the land charged i-s situ- Supreme 
 
 i 1 T 1 I- Court 
 
 ated according to the ordinary procedure of that court. C. O. 
 59, s. 25. 
 
 36. Any nmnber of lienholders may ioin in one action and ?''.'"^**°'?®'"^ 
 
 •^ t/ J joining m 
 
 any action brought by a lienholder shall be taken to be brought ^^1°^^^ 
 on behalf of all the lienholders of the same class who shall have e"U['ne 
 
 to class 
 
 registered their liens before or within thirty days after the 
 commencement of the action or who shall within the said thirty 
 days file in the projDer office of the court from which the writ 
 ipsued a statement of their respective claims intituled in or 
 referring to the said action. 
 
 (2) In the event of the death of the plaintiff or his refusal Death of 
 
 - ' ^ plaintiff or 
 
 or neglect to iirciceed any other lienholder of the same class who refusal to 
 
 o -c _ ■J _ _ proceed 
 
 has registered his claim or filed his statement in the manner 
 and within the time above limited for that purpose may be 
 allowed to prosecute .and continue the action on such terms as 
 may be considered just and reasonable by the court or judge. 
 
 (3) In case of a sale of the estate and interest charged with IfJ^^'l^'^*"'! 
 the lien the court or judge may direct the sale to take place at 
 
 any time after one month from the recovery of judgment and 
 it shall not be necessary to delay the sale for a longer period 
 than is requisite to give reasonable notice thereof. 
 
 (4) The said court or judge may also direct the sale of any Machinery 
 machinery and authorise its removal. 
 
 (5) When judgment is given in favour of a lien the court or Costs 
 judge may add to the judgment the costs of and incidental to 
 registering the lien as well as the costs of the action. 
 
 (6) Where there are several liens imder this Ordinance class to rank 
 against the same property each class of the lienholders shall, 
 subject to the provisions of sections 5, 9 and 11 of this Ordin- 
 ance, rank pari passu for their several amounts against the 
 
754 
 
 MECHANICS LIENS 
 
 RemoTing 
 liea oil terms 
 
 Annulling 
 registration 
 
 Summarv 
 hearing and 
 determination 
 
 said property and the proceeds of any sale shall, subject as 
 aforesaid, be distributed amongst such lienholders pro rata 
 according to their several classes and rights and they shall 
 respectively be entitled to execution for any balance due to 
 them respectively after said distribution. 
 
 (7) Upon application the court or judge may receive 
 security or payment into court in lieu of the amount of the 
 claim and may thereupon vacate the registry of the lien. 
 
 (8) The court or judge may annul the said registry upon 
 any other ground. 
 
 (9) In any of the cases mentioned in subsections (7) and 
 (8) the court or judge may proceed to hear and determine the 
 matter of the said lien and make such order as seems just, and 
 in case the person claiming to be entitled to such lien has 
 wrongfully refused to sign a discharge thereof or without just 
 cause claims a larger sum than is found by such court or judge 
 to be due the court or judge may order and adjudge him to pay 
 the costs to the other party. C. 0. 59, s. 26. 
 
 Death of 
 holder 
 
 Assignment 
 of lien 
 
 DEATH OF LIENHOLDEK. ASSIGNMENT OF LIEN. 
 
 37. In the event of the death of a lienholder his right of 
 lien shall pass to his personal representatives and the right of 
 a lienholder may be assigned by any instrument in writing. C. 
 O. 59. s. 27. 
 
 DISCHARGE OF LIEN. 
 
 Discharge 
 of lieu 
 
 38. A lien may be discharged by a receipt signed by the- 
 claimant or his agent duly authorised in writing acknowledg- 
 ing payment and verified by affidavit and filed, such receipt 
 shall be numbered and entered by the registrar like other in- 
 struments but need not be copied in any book; the fees shall 
 be the same as for registering a claim of lien. C. O. 69. s. 28. 
 
 Discharge 
 to be at 
 contractor's 
 cost 
 
 39. When there is a contract for the prosecution of the 
 work as hereinbefore mentioned the registration of all dis- 
 charges of liens shall be at the cost of the contractor unless a 
 court or judge otherwise orders. C. O. 59, s. 29. 
 
 EXECUTION AGAINST PEESON SUPPLYING MATEEIAL. 
 
 Materials 
 exempt from 
 execution 
 
 30. Where any mechanic, artisan, machinist, builder, 
 miner, contractor or any other person has furnished or pro- 
 cured materials for use in the construction, alteration or repair 
 of any building, erection or mine at the request of and for 
 some other person, such materials shall not be subject to execu- 
 
MECHANICS LIENS 755 
 
 tion or other process to enforce any debt (other than for the 
 purchase thereof) due by the person furnishing or procuring 
 such materials, and whether the same have or not been in 
 whole or in part worked into or made part of such building or 
 •erection. C. O. 59. s. 30. 
 
 LIENS ON CHATTELS. 
 
 31. Every mechanic or other person who has bestowed Liens for 
 
 , .,, , . '■ improvement 
 
 money or skill and materials tipon any chattel or thing m the of oiiatteis 
 
 , . , . . t Enforcing 
 
 alteration and improvement of its properties or for the purpose 
 ■of imparting an additional value to it so as thereby to be 
 entitled to a lien upon such chattel or thing for the amount or 
 value of the money or skill and materials bestowed, shall, while 
 such lien exists but not afterwards in case the amount to which 
 he is entitled remains unpaid for three months after the same 
 ■ought to have been paid, have the right in addition to all other 
 remedies provided by law to sell the chattel or thing in respect 
 •of which the lien exists on giving one month's notice by adver- 
 tisement in a newspaper published in the locality in which the 
 work was done or in case there is no newspaper published in 
 such locality or within ten miles of the place where the work 
 was done, then by posting up not less than five notices in the 
 most public places within the locality for one month, stating 
 the name of the person indebted, the amount of the debt, a 
 description of the chattel or thing to be sold, the time and 
 place of sale, and the name of the auctioneer, and leaving a 
 like notice in writing at the residence or last known place of 
 residence if any of the owner as the case may be or by mailing 
 the same to him by registered letter if his address be known. 
 
 (a) Such mechanic or other person shall apply the proceeds 
 of the sale in payment of the amount due to him and the costs 
 of advertising and sale and shall upon application pay over 
 any surplus to the person entitled thereto. CO. 59, s. 31. 
 
 EOEMS. 
 
 33. The forms in the schedule hereto shall be deemed suf- Forms 
 iicient for the purposes specified in such schedule. CO. 59, 
 s. 32. 
 
 SCHEDULE. 
 
 FOKM A. 
 
 Claim of Lien. 
 
 A. B., {name of claimant) of {here state residence of claim- 
 ant), {if so, as assignee of state name and residence of original 
 
756 
 
 MECHANICS LIEXS 
 
 lienholder) claims a lien under 2'he Mechanics' Lien Ordin- 
 ance upon the estate of (here state the name and residence of 
 the owner of the land upon which the lien is claimed) in the 
 undermentioned land in respect of the following work (or 
 materials) 'that is to say: {here give a short description of the 
 work done or materials furnished and for which the lien is 
 claimed) which work was (or is to be) done ( or materials 
 furnished) for (here state the name and residence of the person 
 upon ivhose credit the work is done or materials furnished) on 
 or before the day of 
 
 The following is the description of the work done (or mater- 
 ial or machinery furnished, as the case may he) . 
 
 (State the work done or material or machinery furnished.) 
 
 The amount claimed as due (or to become due) is the sum 
 of $ 
 
 The following is the description of the land to be charged: 
 (here set out a concise description of the land to he charged 
 sufficient for the purpose of registration) . 
 
 When credit has heen given, insert : The said work was done 
 (or materials were furnished) and the period of credit agreed 
 to expired (or will expire) on the day of 1 
 
 Dated at this day 
 
 of A. i). 1 
 
 (Signature of claimant.) 
 
 C. 0. 59. 
 
 FORM B. 
 
 Claim of Lien foe Wages. 
 
 A.B. (name of claimant) of (here state residence of 
 claimant) (if so, as assignee of state name and residence of 
 original lienholder) claims a lien under The Mechanics' Lien 
 Ordinance, upon the estate of (here state the name and resi- 
 dence of the owner of the land upon which the lien is claimed) 
 in the undermentioned land in respect of days' 
 
 work performed thereon while in the employment of (here 
 state the name and residence of the person upon whose credit 
 the work was done) on or before the day of 
 
 The amount claimed as due is the sum of $ 
 
 The following is the description of the land to be charged : 
 (here set out a concise description of the land to he charged 
 safficient for the purpose of registration). 
 
 Dated at this day 
 
 of A.D. 1 . 
 
 (Signature of Claimants) 
 
 C. O. 59. 
 
MECIIAXICS' LIENS 757 
 
 FOEM C. 
 Claim of Lien fok Wages when several Claimants. 
 
 The following persons claim a lien under The Mechanics' 
 Lien Ordinance upon the land of (here state the name and 
 residence of the owner of the land) in respect of wages for 
 labour performed thereon while in employment of {here state 
 name and residence or names and residences of employers of 
 the several persons claiming the lien). 
 
 A.B., of {residence) $ for days' wages. 
 
 CD., of $ for days' wages. 
 
 E.F., of $ for days' wages.* 
 
 The following is the description of the land to be charged : 
 {here set out a concise description of the land to he charged 
 sufficient for the purpose of registration). 
 
 Dated at the day 
 
 of A.D. 1 
 
 {Signatures of the several claimants.) 
 
 *l_If any of the above named claimants are assignees of the 
 original lienholder that fact must he stated and the name and 
 residence of the original lienholder stated.] CO. 59. 
 
 FOKM D. 
 
 Affidavit Vekifying Claim. 
 
 I A.B., named in the above (or annexed) claim do 
 make oath that the said claim is true {or the said claim so far 
 as it relates to me is true). 
 
 Or, 
 
 We, A.B and CD. named in the above {or annexed) claim, 
 do make oath and each for himself saith that the said c^aim, 
 so far as it relates to him, is true. 
 
 {Where affidavit is made hy agent cr assignee, a clause must 
 he added to the following effect: I have full knowledge of the 
 facts set fortJi in the above or annexed claim.) 
 Sworn before me at 1 
 
 in the North- West Territories, [ 
 
 this day I 
 
 of A.D. 1 ) 
 
 Or, 
 
758 MECHAK-ICS' LIENS 
 
 The said A.B. and CD. were 
 severally sworn before me at 
 in the JSTorth-West Ter- 
 ritories, this day of A.D. 1 
 Or, 
 The said E.F. was .sworn before 
 me at in the l^orth- 
 
 West Territories, this 
 day of A.D. 1 
 
 C. 0. 59. 
 
 MECHANICS' LIENS. 
 
 AMENDMENT. 
 
 903^1^38.^2^0. 18 An Ordinance to amend Chapter 59 of The Consoli- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting Liens in favour of Mechanics and 
 
 others." 
 
 [Assented to November 21, 1903.} 
 
 THE Lieutenant Governor by and with the advice and . 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SmenXl -"■• Scction 2 of The Mechanics' Lien Ordinance is hereby 
 
 amended by adding thereto the following paragraph : 
 
 ******** 
 
 1903, Sess. 2, c. 18, s. 1. 
 
 Receipted pay 3. No Contractor or subcontractor shall be entitled to demand 
 
 Tolls to be , f. -, -, 
 
 !po8 ert on or receive any payment m respect of any contract where the 
 contract price exceeds five hundred dollars until he or some 
 person in charge of the works or improvements shall post upon 
 the works or improvements a copy of the receipted pay roll 
 from the hour of twelve noon to the hour of one p.m. on the 
 first legal day after payday and shall have delivered to the 
 owner or other person acting on his behalf the original pay roll 
 ' containing the names of all labourers who have done work for 
 
 him upon such works or improvements with a receipt in full 
 from each of the said labourers with the amounts which were 
 due and had been paid to each of them set opposite their respec- 
 tive names which pay roll may be in the form in the schedule 
 hereto and no payment made by the owner without 'the delivery 
 of such pay roll shall be valid for the purpose of defeating or 
 
mechanics' LIEJs-S 
 
 diminishing any lien upon such property, estate or interest in 
 lavour of any such labourer. No assignment by the contractor 
 or any subcontractor of any moneys due in respect to the con- 
 tract shall be valid as against any lien given by the said Ordin- 
 ance. As to all liens except that of the contractor the whole 
 contract price shall be payable in money and shall not be 
 diminished by any prior or subsequent indebtedness, set off or 
 counter claim in favour of the owner against the contractor. 
 
 (2) A substantial compliance only with this section shall be 
 required and no lien shall be invalidated by reason of failure 
 to comply with any of the requisites thereof unless in the 
 opinion of the court or judge adjudicating upon the lien under 
 the said Ordinance the owner, contractor, subcontractor, mort- 
 gagee or other person is prejudiced thereby and then only to 
 the extent to which he is prejudiced and the court or judge may 
 allow the affidavit and statement of claim to be amended 
 accordingly. 
 
 (3) Section 9 of the said Ordinance is to be read subject to 
 the provisions of this section. 1903, &ess. 2, c. 18, s. 2. 
 
 3. This Ordinance shall come into force on the first day of 
 March, 1904. 1903, Sess. 2, e. 18, s. 3. 
 
 759 
 
 SCHEDULE. 
 
 Pay Eoll. 
 
 
 Descrip- 
 tion. 
 
 From 5th Januany, 1903, 
 
 to 10th January, 1903, 
 
 (inclusive). 
 
 S ft 
 < 
 
 Date 
 of 
 
 pay- 
 ment 
 
 Received 
 
 payment 
 
 in full i 
 
 
 Number 
 
 of days 
 
 employed 
 
 Rate 
 day 
 
 Total 
 
 amount 
 
 earned 
 
 $21.00 
 
 R. Roe. 
 
 
 Six days 
 
 $3.50 
 
 $21.00 
 
 12th 
 Jan. 
 1903 
 
 R. Roe. 
 
 
 
 
 I hereby certify that the above statement is correct to the 
 best of my knowledge and belief and is made by me on account 
 of (my contract to, or employment by, as the case may be),. 
 (here insert brief description of the worh) for (owner's name} 
 up to the day of , 190 
 
 (Signed), 
 , Contractor. 
 
 Dated day of 190 
 
 1903, Sess. 2. c. 18. 
 
reo 
 
 MEDICAL TEOFESSION 
 
 MEDICAL PROFESSION. 
 
 CO. 1898 c. Wl 
 15 March 1899 
 
 Principal Ordinance revised 
 Amending Ordinance 
 Amejiding Ordinance 
 
 CO. iSgS, I. 52. 
 jgoj, sess. I, t. 12. 
 rgoj, sess. 2, c. 14. 
 
 An Ordinance respecting the Medical Profession. 
 
 THE 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 Medical Profession 
 
 Ordinance." C. O. 52 s. 1. 
 
 COLLEGE OF PHYSICIANS AND SUEGEONS. 
 
 '•The College 2. The College of Physicians and Surgeons of the North- 
 
 of Physicians .„ „•• • i ^ ni • c r\ t 
 
 and Surgeons Wcst lemtories as constituted under and by virtue oi Urdm- 
 ance Xo. 5 of 1888 and amending Ordinances and as existing 
 at the time of the coming into force of this Ordinance is hereby 
 continued and the members of the said college and all persons 
 hereafter registered members of the said college under the 
 provisions of this Ordinance shall be a body corporate under 
 the name of "The College of Physicians and Surgeons of the 
 North- West Territories" and shall have perpetual succession 
 as hereinafter provided and a common seal with power to 
 acquire, hold and dispose of chattel property and real estate 
 for the purposes of this Ordinance and to sue and be sued. 
 C. O. 52 s. 2. 
 
 COUNCIL OF COLLEGE^ ELECTION OF MEMBEES. 
 
 The council 
 
 3. There shall be a council of the said college of physicians 
 and surgeons of the North- West Territories to be appointed 
 in the manner hereinafter provided for and hereinafter refer- 
 red to as the council. C. O. 52. s. 3. 
 
 Voters for 
 council 
 
 4. The persons entitled to vote at elections of members of 
 the council shall be persons registered as medical practitioners 
 in pursuance of this Ordinance. C. O. 52, s. 4. 
 
 Members 
 of council 
 
 5. No person shall be eligible to be elected a member of the 
 council unless he be registered in pursuance of this Ordinance. 
 C. O. 52. s. 5. 
 
MEDICAL PROFESSION fJQ^ 
 
 6. The number of persons to be elected as members forming Five members 
 the said council shall be five and the mode of election shall be Election 
 
 by voting papers as hereinafter mentioned. C. O. 52, s. 6. 
 
 7. The charge and conduct of the elections for members of J^'ections 
 the council shall be under the management of the registrar ^f ''"""°""''" 
 the council and such elections shall be held at such time and 
 
 place as may be determined by the council. C. O. 52, s. Y. 
 
 8. Every person entitled to vote may vote for five persons. Votes 
 C. O. 52, s. 8. 
 
 9- Such votes shall be given by closed voting papers to be Method 
 m-ailed to each registered practitioner by the registrar at least "* '"""^ 
 one month prior to the day of the election, in the form A in the 
 schedule to this Ordinance or to the like effect signed by the 
 voter and delivered to such registrar on any of the twenty days 
 preceding the day of election. Any voting papers delivered to 
 the registrar by post during the respective times aforesaid shall 
 be deemed delivered to him. 0. O. 52, s. 9. 
 
 10. The council shall appoint two persons who together with scrutineers 
 the registrar shall act as scrutineers at the election. On the day 
 succeeding the day of election the voting papers shall be opened 
 by the registrar in the presence of the other scrutineers who Count of votes 
 shall scrutinise and count the votes and keep a record thereof in 
 a proper book to be provided by the said council. 0. O. 52, 
 s. 10. 
 
 11- The five persons who have the highest number of votes nembers 
 shall be the members of the council for the four years following Term 
 the date of such election and until their successors are 
 appointed. C. O. 52, s. 11. > 
 
 13. Any person entitled to vote at any election shall be Voters ma^ 
 
 . , , , , . » , . be at count 
 
 entitled to be present at the opening of the voting papers at 
 such election. C. O. 52, s. 12. 
 
 13. In case of an equality of votes between two or moreEquaiity 
 
 . - , , 1 ' " votes 
 
 persons which leaves the election of one or more of the members 
 of the council undecided the scrutineers shall forthwith put 
 into a ballot box a number of papers with the names of the can- 
 didates having such equality of votes written thereon one for 
 each candidate and the registrar in the presence of the scru- 
 tineers shall draw by chance from such ballot box one or more 
 of such ballot papers sufficient to make up the required number 
 and the persons whose names are upon such papers so drawn 
 shall be members of such council. C. O. 52, s. 13. 
 
762 
 
 MEDICAL PEOFESSION 
 
 Fees to be paid 
 
 KligibilitF 
 
 Votes for 
 ineligible 
 person 
 
 14. JSTo person shall be entitled to vote at such election unless 
 all his fees to the college shall have been paid. No person shall 
 be eligible for election unless qualified to vote at such election 
 and any votes cast for any person who is ineligible to be elected 
 a member shall be null and void and the election shall be 
 declared as if such votes had not been cast. C. O. 52, s. 14, 
 and 1903, Sess. 1, c. 12, s. 1. 
 
 Voting for 
 more than fire 
 
 15. In the event of any person placing more than five names 
 on his voting paper the first five shall be taken, but o.f such five 
 names only those shall be counted that are the names of persons 
 vho are eligible for electio7i under section llf. of this Ordinance. 
 C. O. 52, s. 15, and 1903, Sess. 1, c. 12, s. 2. 
 
 List of 
 practitioners 
 entitled 
 to vote 
 
 Objections 
 thereto 
 
 Appeal 
 to judge 
 
 Proceedings 
 •on appeal 
 
 16. The registrar shall one month prior to the day on which 
 the election is to be held make out an alphabetical list or register 
 of the medical practitioners who are entitled to vote at the elec- 
 tion then about to be held and such register may then be exam- 
 ined at all reasonable times. In cd:se any medical practitioner 
 entitled to vote complains to the registrar in writing of the 
 improper admission or insertion of any name in >the said list it 
 shall be the duty of the registrar forthwith to examine into the 
 complaint and rectify such error if any there be, and in case 
 any person is dissatisfied with the decision of the registrar he 
 may appeal to a judge of the supreme court provided that such 
 appeal be lodged with the judge at least ten days before the 
 day on which the election is to be held ; and such judge shall 
 hear and decide the appeal in a summary way and he may if 
 he deem it necessary direct that such notice of the time and 
 place for hearing the appeal as he may prescribe shall be given 
 to such person as he may specify ; and if it is necessary to hear 
 e\idence in such appeal it may be given viva voce under oath 
 or by affidavit as the judge directs; and the decision of such 
 judge shall be final and the list shall remain or be altered in 
 accordance with such decision. CO. 52, s. 16. 
 
 Voters' list 
 ■conclusive 
 
 17. The list or register so made out shall be held to be the 
 register of persons entitled to vote at the next election and no 
 person shall be entitled to vote whose name is not upon such 
 register. C. O. 52, s. 17. 
 
 ireguiatrons 1^* The members of the council may make such regulations 
 
 as they consider expedient not contrary to the provisions of this 
 Ordinance for regulating the procedure and in respect of such 
 elections. C. O. 52, s. 18. 
 
MEDICAL PEOFESSIOIS' Ygg 
 
 19. The voting papers belonging to any election shall not be Preservation 
 destroyed until after all petitions in respect to such election papers'"" 
 have been decided but the same together with all other papers 
 in connection with the election shall be retained by the regis- 
 trar. CO. 52, s. 19. 
 
 30. JSTo petition against the return of any member shall be f ''^{^'^"t'J.etu 
 entertained unless such petition be filed with the registrar of »' member''"' 
 the council within sixty days after the election and shall con- . 
 
 tain a statement of the grounds on which such election is 
 disputed and unless a copy of such petition is served upon the 
 member whose election is disputed within sixty days of .the 
 date of election C. O. 52, s. 20. 
 
 31. In case of any doubt or dispute as to the legality of the Election 
 election of any member of the council it shall be lawful for the di's'iuted"'' 
 council to hold an inquiry and decide who is the legally elected ^"'"'''^ 
 member of the council ; and the person whom they decide to 
 
 have been elected shall be and be deemed to be the member 
 legally elected ; and if the election is found to be illegal the 
 council shall have power to order a new election. CO. 52, 
 s: 21. 
 
 i 
 33. In the case of the failure in any instance to elect the Vacancies^ 
 requisite number of duly qualified members of the council or how supplied, 
 in the case of any vacancy caused by the death or resignation 
 of any member of the council or by any other cause then it shall 
 be the duty of the remaining members to supply the deficiency 
 by appointing to such vacant place or places as the same may 
 occur any person or persons duly qualified according to the- 
 provisions of this Ordinance to be elected as a member or mem- 
 bers of the council. C O. 52, s. 22. 
 
 PRESIDENT AND OFFICEKS. MEETINGS OF COUNCIL. 
 
 33. The council shall annually appoint a president, vice officer* 
 president, registrar, treasurer and such other ofiicers as may 
 from time to time be necessary for the working of this Ordin- 
 ance who shall hold office during the pleasure of the coimcil; saierie. 
 ard the said council shall have power to fix by bylaw or jees 
 from time to time the salaries or fees to be paid to such ofiicers 
 
 and to the board of examiners hereinafter mentioned. C O. 
 52, s. 23. 
 
 34. The council shall appoint annually from among its ^^^^^^r^e. 
 members an executive committee to take cognizance of and 
 
 action upon all such matters as may be delegated to it by the 
 
764 
 
 MEDICAL PEOFESSION 
 
 Meetings 
 of council 
 Regulations 
 
 council or as may require immediate interference or attention 
 between the adjournment of the council and its next meeting ; 
 and all such acts shall be valid only till the next ensuing 
 meeting of the council ; but the committee shall have no power 
 to alter, repeal or suspend any bylaw of the council. C. O. 52, 
 s. 24. 
 
 35. The council may make such rules and regulations as to 
 the times and places of the future meetings of the council and 
 the mode of summoning the same as to the council seems expe- 
 dient, which rules and regulations shall remain in force until 
 altered at any subsequent meeting and in the absence of any 
 rule or regulation as to summoning meetings of the council it 
 shall be lawful for the president thereof or in the event of his 
 absence or death, for the registrar to summon the same at such 
 time and place as to him seems fit by circular letter to be mailed 
 to each member. 
 
 (2) In the event of the absence of the president from any 
 meeting the ^'ice president or in his absence some other 
 member to be chosen from among the members present shall 
 act as president. 
 
 (.3) All acts of the council shall be decided by the majority 
 of the members present not being less than three in number. 
 
 (4) At all meetings the president for the time being shall 
 have a casting pote. C. O. 52, s. 25. 
 
 Fees and 
 •expenses of 
 members of 
 council 
 
 26. There shall be paid to members of the council such fees 
 for attendance and such reasonable travelling expenses as may 
 from time to time be fixed by bylaw passed by the said counfcil. 
 C. 0. 52, s. 26. 
 
 EEGISTEATIOIT. 
 
 5iahflld°^ 37. The council shall cause to be kept by the registrar a 
 
 persons hook or register in which shall be entered the name of every 
 
 person registered according to the provisions of this Ordnance 
 and from time to time the names of all persons who have coin- 
 plied with the enactments hereinafter contained and with the 
 rules and regulations made or to be made by the council 
 respecting the qualifications to be required from practitioners 
 of medicine or surgery in the Territories and those persons only 
 whose names are inscribed in the book or register above men- 
 tioned shall be deemed to be qualified and licensed to practise 
 medicine or surgery in the said Territories except as herein- 
 after provided and such book or register shall at all times be 
 open and subject to inspection by any person. C. O. 52, s. 27. 
 
MEDICAL PKOFESSIOX 765 
 
 38. It shall be the duty of the registrar to keep his register Registrar's 
 correct in accordance with the provisions of this Ordinance and 
 the rules, orders and regulations of the council and he shall 
 from time to time make the necessary alterations in the 
 addresses or qualifications of the persons registered under this 
 Ordinance and the said registrar shall perform such other 
 duties as may be imposed upon him by the council. C. O. 52, 
 s. 28. 
 
 39. The council shall admit upon the register : fnuuedto 
 
 y \ , . .. . admission 
 
 {a) Any person possessing a diploma from any college m to practise 
 Great Britain and Ireland (having power to grant such 
 diploma) entitling him to practise medicine or surgery and who 
 shall produce such diploma and furnish satisfactory evidence of 
 identification; 
 
 (&) Any member of any incorporated college of physicians 
 and surgeons of any province of the Dominion of Canada exer- 
 cising powers similar to those conferred by this Ordinance upon 
 the college of physicians and surgeons of the ISTorth-West Terri- 
 tories; ********* * *< * * 
 
 (c) Any person who shall produce from any college or school 
 of medicine and surgery recognised by the council of the college 
 of physicians and surgeons of the North-West Territories a 
 certificate or certificates that he has taken a four years' course 
 of lectures and a diploma of qualification from such recognised 
 college or school : 
 
 Provided that the applicant shall furnish to the council satis- 
 factory evidence of identification and pass before the members 
 thereof or such examiners as may be appointed for the purpose 
 a satisfactory examination touching his fitness and_capacity to 
 practise as a physician and surgeon and provided that every 
 applicant for such examination shall pay to the registrar of the 
 college of physicians and surgeons of the N'orth-West Terri- 
 tories the sum of $50 towards defraying the expenses of the 
 examining board. CO. 52, s. 29, and 1900, c. 15, ss. 1, 2. 
 
 30. Homoeonathic physicians may be registered under this Homceopathio 
 Ordinance on complying with the terms mentioned m section 
 
 29 hereof. C. O. 52, s. 30. 
 
 31. The council may by bylaw delegate to the registr ar Admission _^ 
 power to admit to practise and to register any person having 
 
 the necessary qualifications entitling him to be registered by 
 such council. 0. O. 52, s. 31. 
 
i<oG MEDICAL PEOFESSIO f 
 
 Erasure from 33. The council may at any time direct ;he. name of any 
 person improperly registered to be erased from the register and 
 such name shall be erased by the registrar. C. O. 52, s. 32. 
 
 f 
 
 FEES. 
 
 Registration 33. 'jj^g fgg fgj. registration under any section of this Ordin- 
 ance shall be $50. C. 0. 52, s. 33. 
 
 membership ^'^' Each member shall pay to the registrar or to any person. 
 
 '*® deputed by the registrar to receive it, such annual fee as may 
 
 be determined by bylaw of the council not exceeding $2 towards 
 the general expenses of the college which last mentioned fee 
 shall be payable on the first day of January in each year ; and 
 such fee shall be deemed to be a debt due by each member of 
 the college and shall be recoverable with the costs of suit in the- 
 name of the college of physicians and surgeons of the North- 
 West Territories: 
 
 Provided that the council«may in any case in which it deems 
 expedient remit any annual fees due to the college by any 
 member who is or has been resident out of the Territories, 
 during the period in respect of which such fees became due. 
 C. 0. 62, s. 34, and 1903, Sess. 1, c. 12, s. 3. 
 
 GENERAL POWERS OF COUNCIL. 
 
 Council to 35. The council shall from time to time as occasion may 
 
 I*6(irul(lt6 
 
 register and require make orders, regulations or bylaws for regulating the 
 
 examinations . ti-z-^t iinr • 
 
 register to be kept under this Ordinance and shall from time 
 to time make rules and regulations for the guidance of the 
 examiners and may prescribe the subjects and modes of exami- 
 nation and generally make all such rules and regulations in 
 respect of examinations not contrary to the provisions of this 
 Ordinance as the council may deem expedient and necessary. 
 C. O. 52, s. 35. 
 
 General rules 36. The council may from time to time make, alter of 
 amend and repeal rules and regulations for the well being and 
 discipline of the council, the conduct of its affairs and the pro- 
 motion of medical and surgical knowledge and the disposition 
 of the funds of the council, provided such rules and regulatons 
 be not repugnant to the provisions of this Ordinance. C. 0. 
 52, s. 36. 
 
 CENTRAL EXAMINING BOARD. 
 
 Central 37. The council shall have power to establish conjointly 
 
 board with the council or councils of any college or colleges of 
 
MEDICAL PKOFESSION ^07 
 
 physicians and surgeons incorporated under any act of the 
 legislature of any province of Canada and possessing powers 
 similar to those conferred on the college of physicians and 
 surgeons of the Xorth-West Territories a central examining 
 board and to delegate to such board all powers possessed by 
 the said council respecting the examination of candidates for 
 admission to practise medicine and surgery : 
 
 Provided that such power shall not be exercised unless the 
 persons passing any examination of such central examining 
 board shall on complying with the laws and rules of the respec- 
 tive councils in other respects be entitled to registration as 
 legally qualified medical practitioners in the provinces whose 
 councils may have conjointly with the said council established 
 such central examining board : 
 
 Provided that any examinations conducted by such central 
 examining board shall be held in at least one place' within the 
 Territories simultaneously with such examinations held in any 
 province. C. O. 52, s. 37. 
 
 DISCIPLINARY. 
 
 38. If any registered medical practitioner shall be convicted Misoondnot o 
 of any indictable oifence or shall after due inquiry be judged prloutioner . 
 by the council to have been guilty of infamous conduct in any 
 professional respect such council may if it sees fi't direct the 
 registrar to erase the name of such practitioner from the 
 register and the name of such person shall be erased by the 
 registrar from the register. C. 0. 52, s. 38. 
 
 39. The council may and upon the application of any three inquiry 
 registered medical practitioners shall cause inquiry to be made 
 
 into the case of a person alleged to be liable to have his name 
 erased under the preceding section and on proof of such con- 
 viction or infamous or unprofessional conduct shall cause the 
 name of such person to be erased from the register : 
 
 Provided that the name of a person shall not be erased under 
 this or the last preceding section on account of his adopting 
 or refraining from adopting the practise of any particular 
 theory of medicine or surgery nor on account of a conviction 
 for a political offence out of her Majesty's dominion nor on 
 account of a conviction for an offence which though within the 
 provisions of the last preceding section ought not in the opinion 
 of the council or the committee hereinafter named either from 
 the trivial nature of the offence or from the circumstances 
 under which it was committed, to disqualify a person from 
 practising medicine or surgery. C. O. 52, s. 39. 
 
768 
 
 MEDICAL PKOFESSIOX 
 
 CoBts 
 
 40. The council may order to be paid out of the funds at 
 their disposal such costs as may to them seem just to any per- 
 son against whom any complaint has been made which when 
 finally determined is found to have been frivolous and vexa- 
 tious. C. O. 52, s. 40. 
 
 Restoration 
 of name 
 
 41. Where the council direct the erasure from the register 
 of the name of any person or of any other entry the name of 
 that person or that entry shall not be again entered on the 
 register except by the direction of the council or by the order of 
 a judge of the supreme court. C. O. 52, s. 41. 
 
 43. If the council think fit in any case they may direct the 
 registrar to restore to the register any name or entry erased 
 therefrom either without fee or on payment of such fee, not 
 exceeding the registration fee, as the council may fix and the 
 registrar shall restore the same accordingly. C. O. 52, s. 42. 
 
 Committee 
 of inquiry 
 
 43. The council shall for the purpose of exercising in any 
 case the powers of erasing from and restoring to the register 
 the name of any person or any entry, ascertain the facts of 
 such case by a committee of their own body not exceeding five 
 in number of whom the quorum shall be three ; and a written 
 report of the committee may be acted upon as to the facts 
 therein stated for the purpose of the exercise of the said 
 powers by the council. 0. O. 52, s. 43. 
 
 44. The council shall from time to time appoint and shall 
 always maintain a committee for the purposes prescribed in 
 the last preceding section and subject to the provisions of this 
 Ordinance may from time to time determine the constitution 
 and the nimiber and tenure of office of the members of such 
 committee. C. 0. 52, s.'44. 
 
 Legal 
 
 assistance 
 
 Counsel 
 
 Place of 
 inquiry 
 
 45. The committee appointed under the preceding section 
 may for the purpose of the execution of their duties xinder this 
 Ordinance employ at the expense of the council such legal or 
 other assistance as the committee may think necessary or 
 proper and the person whose conduct is the subject of inquiry 
 shall also have the right to be represented by counsel : 
 
 Provided that all meetings of any such committee when held 
 for taking evidence or otherwise ascertaining the facts shall be 
 held within the judicial district or subjudicial district where 
 the member complained of resides or the alleged offence was 
 committed unless he shall consent to have the inquiry held 
 elsewhere. 0. 0. 52, s. 45. 
 
MEDICAL PROFESSIOX Yg9 
 
 46. At least two weeks before the first meeting of the com- Notice of 
 mittee to be held for taking the evidence or otherwise ascer- '"''""^^ " 
 taining the facts a notice shall be served upon the person whose 
 conduct is the subject of inquiry ; and such notice shall embody 
 
 a copy of the charges made against him or a Statement of the 
 
 subject matter of the inquiry and shall also specify the time 
 
 and place of such meeting. The testimony of witnesses shall 
 
 be taken under oath which the chairman or acting chairman of Testimony of 
 
 the committee is hereby authorised to administer and there 
 
 shall be full right to cross examine all witnesses called and to 
 
 adduce evidence in defence and reply. C. O. 52, s. 46. 
 
 47. For the purpose of procuring the attendance and subpoena 
 evidence of a witness before the committee a judge of the 
 supreme court may on application of any party to the inquiry 
 order the issue by a clerk of the supreme court or a deputy clerk 
 
 of a writ of subpoena ad testificandum or a writ of subpoena 
 duces tecum. The rules of evidence on such inquiry and the Rules of 
 proceedings dnd penalties in the case of disobedience to anyi 
 such writ shall be the same as obtain in civil cases in the said 
 court. C. O. 52, s. 47. 
 
 48. In the event of the nonattendance of the person whose Non- 
 conduct is the subject of such inquiry the committee may upon of accusert 
 proof of personal service of the notice aforesaid in accordance 
 
 with the provisions of this Ordinance, which proof of service 
 may be by statutory declaration, proceed with the subject 
 matter of the inquiry in his absence and make their report of 
 the facts without further notice to such person. C. 0. 52, s. 
 i8. 
 
 49. Any person whose name has been ordered to be erased Appeal to 
 from the register may appeal from the decision of the council 
 
 to a judge of the supreme court at any time within six months 
 from the date of the order for such erasure ; and such judge 
 may upon the hearing of such appeal make such order, as to the 
 restoration of the name so erased or confirming such erasure 
 or for further inquiries by the committee or council into the 
 facts of the case and as to costs as shall be just. C. 0. 52, s. 
 49. 
 
 50. The appeal may be by summons for the council of the Proc.dure 
 said college to show cause, served upon the registrar and shall 
 
 be founded upon a copy of the proceedings before the com- 
 mittee, the evidence taken, the committee's report and the order 
 of the council in the matter certified by the registrar ; and the 
 registrar shall upon the request of any person desiring i6 
 appeal furnish to any such person a certified copy of all pro'- 
 
770 
 
 MEDICAL PEOFESSION 
 
 ceedings, reports, orders and papers upon which the committee 
 or council have acted in making the report or order complained 
 of. C. O. 52, s. 50. 
 
 EIGHTS OF EEGISTEEED PEACTITIONEES. 
 
 Rights of 
 
 persons 
 
 registered 
 
 51. Every person registered under the provisions of this 
 Ordinance shall be entitled to practise medicine and surgery- 
 including midwifery, or any one of them, in the Territories and 
 to demand and recover in any court in the said Territories, with 
 full costs of suit^ reasonable charges for professional aid, advice 
 and visits and the cost of any medicine or surgical appliances 
 rendered or supplied by him to his patients. C. 0. 52, s. 51. 
 
 Limitation 
 of action 
 
 53. 'No duly registered member of the college of physicians 
 and surgeons of the jSTorth-West Territories shall be liable to 
 any action for negligence or malpractice by reason of profes- 
 sional services requested or rendered unless such action be com- 
 menced within one year from the date when, in the matter 
 complained of, such professional services terminated. C. 0. 
 52. s. 52. 
 
 Unregistered 
 person cannot 
 recover 
 charges 
 
 53. !N"o person shall be entitled to recover any charge in any 
 court of law for any medical or surgical advice or for atteftdl- 
 ance or for the performance of any operation or for any 
 medicine which he may have prescribed unless he is registered 
 under this Ordinance. C. 0. 52, s. 53. 
 
 Unregistered 
 persons not to 
 be appointed 
 to office 
 
 54. ISTo person shall be appointed as medical officer, physi- 
 cian or surgeon in any branch of the public service of the 
 Territories or in any hospital or other charitable institution 
 not supported wholly by voluntary contributions unless he is 
 registered under ^he provisions of this Ordinance. C. O. 52. 
 s. 54. 
 
 Certificates 
 to be by 
 registered 
 persons 
 
 55. No certificate required by any Ordinance in force or 
 that may hereafter be passed, from any physician or surgeon 
 or medical practitioner shall be valid unless the person signing 
 the same is registered under this Ordinance. C. O. 52, s. 65. 
 
 INTEEPEETATION. 
 
 Interpretation 56. The words "legally qualified medical pi actitioner" or 
 "duly qualified medical practitioner" or any other words 
 implying legal recognition of any person as a medical practi- 
 tioner or member of the medical profession when used in any 
 
MEDICAL PEOFESSION 771 
 
 Ordinance or law shall in so far as such Ordinance or law 
 applies to the Territories be consitrued to mean a person regis- 
 tered under this Ordinance. 0. O. 52, s. 56. 
 
 PUBLICATION OF MEDICAL EEGISTEK. 
 
 57. "The 'reffistrar shall from time to time and at least Register of 
 annually under direction of the council cause to be printed Publication 
 
 1 1 T 1 -1 ■ ,.1 • 1 , 1 • 1 audeffectof 
 
 and published a correct register of the names m alphabetical 
 order according to the surnames with the respective residences 
 in form B in the schedule to this Ordinance or to the like effect 
 together with the medical titles, diplomas and qualifications 
 conferred by any college or body, of all persons appearing on 
 the register as existing on the day of publication and such 
 register shall be called the ISToifth-West Territories' Medical 
 Register and a copy of the register for the time being pur- 
 porting to be so printed and published as aforesaid shall be 
 prima facie evidence in all Territorial courts and before all 
 justices of the peace and ,all others that the persons therein 
 specified are registered according to the provisions of this 
 Ordinance; and subject to the provisions of subsection 2 of this 
 section the absence of the name of any person from such copy 
 shall be prima facie evidence that such person is not registered 
 according to the provisions of this Ordinance. 
 
 (2) In the case of any person whose name does not appear 
 in such copy a certified copy, under the hand of the registrar, 
 of the entry of the name of such person on the register shall be 
 evidence that such person is registered under this Ordinance. 
 C. O. 52, s. 57. 
 
 EVIDENCE OF EEGISTEATION. 
 
 58. In all cases where proof of registration under thisBv^encerf 
 Ordinance is required to be made the production of a printed or 
 
 other copy of the register or of any extract therefrom certified 
 by the registrar shall be sufiicient evidence of registration in 
 lieu of the production of the original register ; and any certi- 
 ficate purporting to be signed by any person in his capacity of 
 registrar of the council under this Ordinance shall be prima 
 facie evidence that such person is such registrar without any 
 proof of his signature or of his being in fact such registrar. 
 C. O. 52, s. 58. 
 
 OFFENCES AND PENALTIES. PEOSECUTIONS. 
 
 59. Any person entitled to be registered under this Ordin- Practitioners 
 ance but who neglects or omits to be so registered shall not be register 
 entitled to any of the rights or privileges conferred by registra- 
 
I il 
 
 MEDICAL PitOKESfelON 
 
 tion so long as such neglect or omission continues and he shall 
 be liable to all the penalties imposed by this Ordinance or any- 
 other Ordinance in force against unqualified or unregistered 
 practitioners. C. 0. 52, s. 59. 
 
 Unregistered 
 persons 
 practising 
 for rewaad 
 
 SO. No unregistered person shall practise medicine or sur- 
 gery for hire or hope of reward ; and if any person not regis- 
 tered pursuant to this Ordinance for hire, gain or hope of 
 reward practises or professes to practise medicine or surgeryj 
 he shall be guilty of an oif ence and upon summary conviction^ 
 thereof be liable to a penalty not exceeding $100. C. 0. 52, 
 s. 60. 
 
 Pretending to 
 he a physician, 
 etc. 
 
 61. Any person who wilfully or falsely pretends to be a 
 physician, doctor of medicine, surgeon or general practitioner 
 or assumes any title, addition or description other than he 
 actually possesses and is legally entitled to under this Ordin- 
 ance shall be liable on conviction thereof before a justice of 
 the peace to a penalty not exceeding $50 nor less than $10. 
 C. 0. 52, s. 61. 
 
 Aflsuiriing 
 false title 
 
 63. Any person not registered pursuant to this Ordinance 
 who takes or uses any name, title, addition or description 
 implying or calculated to lead people to infer that he is regis- 
 tered under this Ordinance or that he is recognised by law as a 
 physician, surgeon or a licentiate in medicine or surgery shall 
 be liable upon summary conviction to pay any penalty not 
 exceeding $100 nor less than $25. C. O. 52, s. 62. 
 
 Prosecutions 
 Penalty 
 
 63. Any prosecutions under this Ordinance may be brought 
 or heard before a justice of the peace. In case the penalty and 
 cost awarded are not upon conviction forthwith paid the justice 
 may commit the offender to the common gaol there to be impri- 
 soned for any term not exceeding one month unless the penalty 
 and costs are sooner paid. C. O. 52, s. 63. 
 
 Onus of proof 64. In any prosecution under this Ordinance the burden of 
 proof of registration shall be upon the person charged. C. O. 
 
 52. 
 
 64. 
 
 Limitation of 
 prosecutions 
 
 65. Everv prosecution under this Ordinance shall be com^ 
 menced within six months from the date of the alleged offence. 
 
 0. O. 52, s. 65. 
 
 CouncUniay g(j, rpj^p council bv an order signed by the president having 
 proceedings ^^^^ gg^j q£ ^^^ council appended thereto may stay proceedings 
 
 in any prosecutions under this Ordinance where it is deemed 
 
 expedient. C. 0. 52, s. 66. 
 
MELiIt'AL PKOFESSIOX 
 
 7Y3 
 
 67. AH fines and penalties imposed under any of the provi- ^fP^P^'^^g*''''"" 
 sions of this Ordinance and all moneys to be received or levied 
 thereunder shall after the receipt thereof by the person author- 
 ised to receive the same be forthwith paid by such person to 
 
 C. O. 52, s. 67. 
 
 the t'reasurer for the uses of the college. 
 
 EETUENS. 
 
 68. The registrar whenever required by the Lieutenant nily^Se'""^™ 
 Governor shall transmit to the Territorial secretary a return °'^"'"''°' 
 certified under oath setting forth all such information and par- 
 ticulars relating to the college as may from time to time be 
 required. C. O. 52, s. 68. 
 
 SCHEDULE. 
 
 FOKM A. 
 
 The Medical PEOFESSioisr Okdinance, A.D. 1 
 
 Voting Paper foe Annual Election. 
 
 I, John James Brown, a registered medical practitioner, vote 
 for the five persons hereinafter named to form the members of 
 the Medical Council of the Xorth-West Territories : 
 
 1. George Courtney, Banff. 
 
 2. William -Tenner, Calgary. 
 ". Thomas Morgan, Kegina. 
 •i. John Mitchell, Moose Jaw. 
 5. Francis Jones, Qu'Appelle. 
 
 And I declare that I am entitled to vote at this election and 
 ■am not in default in payment of my fees to the council. 
 Dated, April, 1 
 
 John James Brown. 
 
 Witness : 
 
 Horace Young. 
 
 FOEM B. 
 
 NAME. 
 
 A. 
 C. 
 E. 
 G. 
 
 B. 
 D. 
 F. 
 H. 
 
 RESIDENCE. 
 
 QUALIFICATION. 
 
 Banff 
 
 Calgary. . . 
 Begina. . . . 
 Qu'Appelle . 
 
 M.A., M.D., Toronto IJniversity. 
 ^l.T)., Glasgow, Scotland. 
 L.S.A.. London, England. 
 M.D., Xew York, IT.S. 
 
 0. O. 52. 
 
774 MEDICAL PKOFESSION 
 
 MEDICAL PROFESSION. 
 
 AMENDMENT. 
 
 T903,eesa 1 12 An Ordinance to amend Chapter 52 of The Consoli- 
 
 19 June, 1903 - r ^ 
 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting the Medical Profession.'' 
 
 [Assented to June 19, 190S.'] 
 
 THE Lieutenant Governor by and witli the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. 3. and 3. * * * * * * * * * * * 
 
 Dominion 4. Whenever there is established tinder the Act of the Par- 
 
 registration to 
 
 be accepted Hament of Canada known as The Canada Medical Act 1902 or 
 
 for Territorial 
 
 registration any Act in amendment thereof a register for Canada of medi- 
 cal practitioners under the control of the medical council 
 appointed or elected pursuant to the provisions of the aforesaid 
 Act or Acts then notwithstanding anything in this Ordinance 
 contained any person duly registered in the said medical 
 register for Canada as a medical and surgical practitioner 
 shall be deemed qualified and entitled to be registered in the 
 medical register of the Worth- West Territories as a duly quali- 
 fied medical and surgical practitioner and such person and no 
 other shall be registered and such registration shall be made 
 upon production of a certificate under the hand of the registrar 
 of the said medical council for Canada certifying that such 
 person is duly registered in the said medical register for 
 Canada, and upon satisfactory proof of the identity of suchi 
 person : 
 
 Provided that such person may be required to pay such 
 fee for such registration in the Territories as the medical 
 council for the Territories may impose in that behalf and pro- 
 vided that the provisions of this section shall not apply to or 
 afl^ect any person duly registered under the said Ordinance at 
 the time The Canada Medical Act 1902 becomes operative. 
 1903, Sess. 1, c. 12, s. 4. 
 
jiuxiciPAL 775 
 
 MEDICAL PROFESSION. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter 52 of The Consoli-Jf3'^^^-2->^- 
 dated Ordinances 1898, intituled "An Ordinance 21 Nov., 1903 
 respecting the Medical Profession.'' 
 
 lAssented to November 21, 1903.1 
 
 THE Lieutenant Governor, by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. Any applicanit for registration under section 29 of Thef^^^^]^ 
 Medical Profession Ordinance whose application is refused ^egllfir" 
 may apply to a judge of the supreme court for an originating 
 summons directed to the council to show cause why he should 
 not be registered and upon the return of such summons the 
 judge may make an order ^oniirming the refusal of the council 
 or directing the council to register the applicant and may 
 make such order as to costs as to him shall seem just. 1903, 
 Sess. 2, c. 15, s. 1. 
 
 MERCANTILE AGENTS. 
 
 See FACTORS and agents. 
 
 MINES AND MINING COMPANIES. 
 
 See COAL MINES EEGULATIONS. 
 COMPANIES. 
 
 MINORS, USE OF TOBACCO. 
 
 See USE OP tobacco by minoks. 
 MORTGAGES OF PERSONAL PROPERTY. 
 
 See CHATTEL mortgages. 
 
 MUNICIPAL. 
 
 Principal Ordinance C. O. i8g8, c. 70 
 
 Amending- Ordinance l8gq. c, 75 
 
 Municipal Grants pr patriotic purposes igoo, c. 24. 
 Municipal Amendment Ordinance 
 
 {erection of villages into towns) igoi, c. 2j. 
 
 Amending Principal Ordinance igoj, c. 18. 
 Amending, {as to erection of towns in rural 
 
 municipalities) I903< ^^^^- ^' <^- ^^■ 
 Amending{as to bylaws for contracting dehts) igo^, c. 6. 
 
 An Ordinance respecting Municipalities. J^.S^^^^s^/c!™* 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
:ml'xicipal 
 
 SHORT TITLE. 
 
 Short title 
 
 1. This 
 Ordinance.' 
 
 Ordinance may 
 C. 0. 70, s. 1, 
 
 be cited as "The Municipal 
 
 INTEEPEETATIOX. 
 
 Interpretation 
 clauses 
 
 "Munici- 
 pality" 
 
 "Council" 
 
 "Mayor" 
 "Reeve" 
 
 "Land," etc. 
 
 "Personal 
 
 estate," etc. 
 
 "Elector" 
 
 "Owner" 
 "Proprietor" 
 
 "Householder', 
 
 "Occupant" 
 
 3. Unless otherwise declared or indicated by the context, 
 whenever any of the following expressions occur in this Ordin- 
 ance the meanings hereinafter expressed shall attach to the 
 same, namely : 
 
 1. "Municipality" means any locality the inhabitants of 
 which are incorporated a rural municipality or town ; 
 
 2. "Council" means the municipal council; 
 
 3. "Mayor" means the head of the council of a town muni- 
 cipality and "reeve" means the head of the council of a rural 
 municipality or the person filling for the time being the posi- 
 tion of mayor or reeve; 
 
 4. "Land," "real property" and "real estate" respectively 
 shall include all buildings or other things erected upon or 
 affixed to the land and all machinery or other things so fixed to 
 any buildings as to form in law part of the realty and all 
 mines, minerals, quarries, fossils in and under the same except 
 mines belonging to her Majesty ; 
 
 5. "Personal estate" and "personal property" include all 
 goods, chattels, shares in incorporated companies, interest on 
 mortgages, dividends from bank stock, income and all other 
 property except land and real estate and real property as above 
 defined and except property herein expressly exempted ; 
 
 6. "Elector" means any person entitled for the time being 
 to vote at any municipal election or in respect of any bylaw in 
 the municipality or polling subdivision as the case may be; 
 
 7. "O^raer" or "proprietor" means any person who has the 
 ownership or use of any taxable property or has an agreement 
 for purchase of the same ; 
 
 8. "Householder" means the occupier of a house but shall 
 not mean or include any person who is a mere lodger or boarder 
 in a house ; 
 
 9. "Occupant" means a person who possesses, holds or occu- 
 pies any land imder any title whatsoever or even without title 
 or is occupying lands of the crown under any style of location, 
 agreement or tenure whatever ; 
 
MUNICIPAL fjhn 
 
 10. "Lot" means one of the subdivisions into which a piece 'Lot- 
 or parcel of land has been divided into smaller parcels for pur- 
 poses of sale, including the buildings and other improvements 
 thereon ; 
 
 11. "Eevised assessment roll" means the assessment roll as "Revised 
 finally passed by the court of revision and certified by the ?aT'™'°' 
 clerk, notwithstanding that an appeal to a judge in respect 
 thereof may be pending and after the decision of any such 
 appeal the said expression shall mean the said roll with any 
 amendments made thereto by the judge ; 
 
 12. "Taxable person" means: "Taxable 
 (a) Any person receiving an annual income or the owner 
 
 of any personal property not exempted from taxa- 
 
 person" 
 
 tion : 
 
 (&) The owner of lands not exempt from taxation where 
 the same are occupied by the owner or unoccupied, 
 otherwise the occupant; 
 
 13. "Judge" means a judge of the supreme court of the J"dg «•■ 
 North-West Territories ; 
 
 14. "Highway," "road" or "bridge" means a public high- ;;HiKhway" 
 way, road or bridge respectively ; ''Bridge" 
 
 15. "Drainage" shall be held to include and to have always 'Drainage- 
 included sewerage and sewage; 
 
 16. "Resident" shall mean a person residing within the "Resident" 
 limits of the municipality. C. 0. 70, s. 2. 
 
 Part I. 
 
 Municipal Organisation, 
 
 THE BODY COEPOEATE. 
 
 3. Every municipality in the ISTorth-West Territories is General rights 
 hereby declared a body corporate and subject to all the liabili- °'^i'K.''ti°"s oi 
 
 •^ . . . , . ^ municipalities 
 
 ties of a corporation with full power to acquire, hold and 
 aliena'te both real and personal estate for all municipal pur- 
 poses and by the same name they and their successors shall 
 have perpetual succession and shall have power to sue and be 
 liable to be sued, implead and be impleaded, answer and be 
 answered unto, in all courts and in all actions, causes and suits 
 at law and in equity whatsoever; and they shall have a com- 
 mon seal with power to alter and modify the same at their 
 pleasure; and they shall be in law capable of receiving by 
 donation, acquiring, holding, disposing of and conveying any 
 
178 MU2fICIPAL 
 
 property real or movable for the use of said municipality and 
 of becoming parties to any contracts or agreements in the man- 
 agement of the affairs of the said municipality. C. 0. 70, s. 3. 
 
 Existing 4. The head and members of the council and the officers, 
 
 council, - _ _ ' 
 
 cratinue^d"" ^ylaws, coutracts, property, assets and liabilities of every 
 hereunder municipal Corporation when this Ordinance takes effect shall 
 be deemed the head and members of the council and all bylaws, 
 contracts, property, assets and liabilities of such council or 
 municipal corporation shall be subject to the provisions of this 
 Ordinance. C. 0. 70, s. 4. 
 
 Towri 
 munici] 
 
 paiities ^" ^^ ^^^ case of towns the name of the body corporate shall 
 be "The Town of (naming the same)." C. O. 70, s. 5. 
 
 municipalities ^' ^^ ^^^ ^^^^ °-^ rural municipalities the name of the body 
 corporate shall be "The municipality of (namhvg the same)." 
 C. 0. 70, s. 6. 
 
 Town councils 7. 'pjjg council of every town shall consist of the mayor, 
 who shall be the head 'thereof, and six councillors. C. 0. 70, 
 s. 7. 
 
 municipal ^" The couucil of every rural municipality shall consist of 
 
 councils ^ reeve and four councillors. 
 
 (2) Should for any reason any municipality be or become 
 insufficiently represented as required respectively by this Ordin- 
 ance the Lieutenant Governor in Council may make such 
 appointments for office as shall fill the requirements of sections 
 7 and 8 of this Ordinance. 0. 0. 70, s. 8. 
 
 ELECTIONS. 
 
 of"mayors!™^ ^" '^^^ persons eligible for election as mayors, reeves and 
 councillors Councillors shall be natural born or naturalised subjects of her 
 Majesty and males of the full age of twenty-one years able to 
 read and write, not subject to any disqualification under this 
 Ordinance and qualified as follows : 
 
 (a) In towns, being resident within the municipality or 
 within two miles of the limits of the municipality, the owner 
 at the time of the election of freehold, leasehold or partly free- 
 hold and partly leasehold real estate rated in their own names 
 on the last revised assessment roll of the municipality to at 
 least the value following, over and above all charges, liens and 
 incumbrances affecting the same: freehold $500, leasehold 
 $1,500. 
 
MUNICIPAL 
 
 779 
 
 (b) In rural municipalities, being resident within the 
 municipality and the owner at the time of the election of real 
 estate of not less than $400 within the municipality rated in 
 their own names on the last revised assessment roll of the 
 municipality. 
 
 (2) In the case of an election held before the preparation 
 and revision of an assessment roll the provisions of this section 
 requiring the candidates for election to be rated on the assess- 
 ment roll shall not apply. C. O. 70, s. 9, and 1903, Sess. 1, 
 c. 19, s. 1. 
 
 10. jSTo judge of any court of civil jurisdiction, no gaoler Persons 
 
 or keeper of any house of correction^ no ***** * fo^'^counoiiiors 
 constable in any town, no assessor, secretary treasurer or other 
 paid official of the municipality, no bailiff, no inspector of 
 licenses, no person having by himself or his partner an interest 
 in any contract with or on behalf of the corporation or being 
 indebted to the municipality, and no surety for an officer or an 
 employee of the municipality, and no person who shall have 
 been convicted of treason or an offence punishable with death 
 or imprisonment for more than five years in any court of law 
 within her Majesty's dominions, shall be qualified to be a 
 member of the council of any municipality. 
 
 (2) ISTo person shall be held to be disqualified from being Shareholders 
 elected a member of the council of any municipality by reason disqualified 
 of his being a shareholder in any incorporated company having 
 dealings or contracts with the council of such municipality or 
 by having a lease of twenty-one years or upwards of any prop- 
 erty from the municipality; but no such leaseholder shall 
 vote in the council on any question affecting any lease from 
 the municipality and no such shareholder on any question 
 affecting the company. C. O. 70, s. 10, and 1900, c. 23, s. 1. 
 
 11. The secretary treasurer shall on or before the first day voters' list 
 of September in each year prepare a voters' list which shall be 
 
 an alphabetical list of electors and which shall comprise the 
 names of those persons duly qualified to vote at municipal 
 elections in the municipality and shall post the same in a con- 
 spicuous place in his office ; such list shall contain opposite the 
 name of each elector a short description of the real property in 
 respect of which he is entitled to vote or if on personalty or 
 income the words "personalty" or "income" as the case may be. 
 C. O. 70, s. 11. 
 
 13. Any person who has been resident in the municipality ^^^PP^^^f^t^'^S 
 in the then current year prior to the first day of July and who on voters' list 
 
780 MUNICIPAL 
 
 is otherwise duly qualified whose name does not appear on the 
 voters' list or who is not assessed on the roll high enough to 
 be qualified as a voter or whose name is put down in error or 
 whose name has been omitted from the last revised assessment 
 roll (provided that the taxes are first paid on the property or, 
 income in respect of which he claims a vote) may either by 
 himself or agent apply to have the list amended upon giving to 
 the clerk a notice in the following form : 
 To the secretary treasurer of the municipality of 
 
 Take notice that I intend applying to- the council to have 
 my name added to the voters' list (or corrected as the case may 
 le) for the following reasons {here state the grounds according 
 to the facts) : 
 
 {Signature of applicant) 
 
 Applicant. 
 
 (Name of applicant). 
 
 Applicant hy his agent. 
 {Signature of agent.) 
 
 C. 0. 70, s. 12. 
 
 Oi 
 
 Names to be 
 taken off list 
 
 13. If any person qualified as a voter on income has left 
 the municipality or if a person has disposed of the property 
 for which he was qualified as a voter under this Ordinance 
 before the first day of October in the then current year or if 
 any person's name is wrongfully put down he shall be deemed 
 disqualified as a voter and any person duly qualified may apply 
 to the council to have the name of the party so or otherwise 
 disqualified struck off the voters' list and the name of the 
 proper party if any substituted therefor by notice to the secre- 
 tary trea'surer of his intention of applying to the council for 
 that purpose as provided in the preceding section. C, O. 70, 
 s. 13. 
 
 Notice 14. ISTotices served upon the secretary treasurer under the 
 
 two preceding sections shall be served in each year on or before 
 the first day of ISTovember. C. 0, 70, s. 14. 
 
 List for court 
 of revision 
 
 15. On or before 'the fifth day of ISTovember the secretary 
 treasurer shall make a list of all applicants for amendments to 
 the voters' list, stating the names and grounds of each of such 
 applications and shall post the same in a conspicuous place in 
 his office and shall immediately thereafter notify the parties 
 interested of the time and place fixed by the council for hearing 
 such applications. C. 0. 70, s. 15. 
 
MUNICIPAL /jTgj. 
 
 16. On or before the fifteenth day of November in each n^^te of 
 year the council of each municipality shall meet as a final court '""""°" 
 of revision on the voters' list and shall hear and determine all 
 applications of which notice has been given to the secretary 
 treasurer as hereinbefore provided and thereupon amend the 
 voters' list in all cases provided for by sections 12 and 13 
 hereof as may be deemed fit and right and the list so amended 
 shall be the voters' list of the municipality for the year next 
 ensuing. C. O. 70, s. 16. 
 
 17. The council sitting as a final court of revision on theCoH'-tof 
 voters' list as aforesaid shall have all the powers and privileges '^'''^'^"'"' 
 conferred by this Ordinance upon the court of revision for the 
 municipality sitting upon the assessment roll, as to the attend- 
 ance of witnesses and the imposition and recovery of penalties 
 
 and as to procedure. C. O. 70, s. 17. 
 
 18. The council shall at least one week prior to the last Annual 
 Monday in November, by bylaw appoint a returning officer for"*""""" 
 the municipality, define the districts or subdivisions within the 
 municipality (if such are deemed necessary) and the place or 
 places where the votes are to be polled, and appoint a deputy 
 returning officer for each of the said places where such votes 
 
 are to be polled. 
 
 (2) The persons qualified to vote shall be the men, unmar- Qualification 
 ried women and widows over twenty-one years of age who are ° 
 assessed upon the last revised assessment roll of the munici- 
 pality for income or personal property for $200 or upwards or 
 who are named upon the said assessment roll as either occu- 
 pants or owners of real property held in their own right or (in 
 the case of married men) held by their wives for $200 or 
 upwards and whose names appear in the voters' list founded 
 upon such roll : 
 
 Provided always that a municipality may, by bylaw, declare Proviso as to 
 that no person shall be entitled to vote who has not on or before of taxes 
 a day to be named therein paid all taxes due by him to such 
 municipality either for the current year or all arrears of taxes 
 or both. C. O. 70, s. 18. 
 
 19. In the municipalities which have passed a bylaw under p^f an iter's 
 the provisions of the proviso to 'the next preceding section on 
 or before the day of nomination of candidates the secretary 
 treasurer shall prepare and verify on oath a correct alpha- 
 betical list of names of all persons who have not complied 
 with the terms of any such bylaw, such list to be called the 
 "defaulter's list." 
 
T82 
 
 MUNICIPAL 
 
 (2) Any person named in such defaulter's list may vote if 
 at the time of tendering his vote he produces and leaves with 
 the officer holding such election a certificate from the secretary 
 treasurer of the municipality showing that the taxes (in 
 respect of which default has been made) have been paid ; and 
 such officer shall file such certificate, receive the vote and note 
 the same on the defaulter's list. 0. O. 70, s. 19. 
 
 Oath of 
 election 
 officers 
 
 30. Every returning officer, deputy returiiing officer, poll 
 clerk, candidate or agent authorised to be present at any polling 
 jplace shall, before exercising any of the functions of such 
 returning officer, deputy returning officer, poll clerk, candidate 
 or agent at any polling place, take and subscribe before a jus- 
 tice of the peace or the clerk of the municipality an oath in 
 form as follows : 
 
 I, A.B., do swear that I will not at any time disclose to any 
 one the name of any person who has voted at the election to be 
 held in the municipality of on the day 
 
 of A.D. 1 ; and that I will not unlawfully attempt 
 
 to ascertain the candidate or candidates for whom an elector 
 .has voted ; and will not in any way aid in the unlawful dis- 
 covery of the same ; and that I will keep secret all knowledge 
 which may come to me of the person for whom an elector has 
 voted. So help me God. C. 0. YO, s. 20. 
 
 Election 
 notice 
 
 31. The returning officer shall, by notice in form A in the 
 schedule to this Ordinance, posted up in ten conspicuous places 
 within the municipality and at least six days previous to such 
 meeting, call a meeting of the electors within the same on the 
 first Monday in December for the purpose of nominating can- 
 didates for the offices of mayor or reeve and as many councillors 
 as may be required for the term commencing on the first day 
 of January next ensuing. C. O. 70, s. 21. 
 
 Nomination 
 proceedings 
 
 33. At the time and place named in the notice the returning 
 officer shall declare the meeting open for the purpose of 
 receiving nominations and any person whose name appears on 
 the last revised assessment roll may propose or second the 
 nomination of any duly qualified persons to serve as mayor, 
 reeve or councillor ; and the meeting shall remain open until 
 noon when if the number of * * * persons nominated 
 to serve as mayor, reeve or councillors for the municipality 
 does not exceed the requisite number the returning officer shall 
 declare the persons so nominated duly elected, as hereafter 
 provided : 
 
MUNICIPAL 733 
 
 1. As mayor or reeve for the ensuing year, the candidate Term o( 
 duly nominated for 'that office; 
 
 2. As councillors, at the first election the three candidates in 
 town municipalities and the two candidates in rural munici- 
 palities who shall have been first nominated shall be declared 
 elected for the two years next ensuing and the three candidates 
 in town municipalities and the two candidates in rural muni- 
 cipalities who shall have been next nominated shall be declared 
 elected for the next ensuing year and at each election there- 
 after councillors shall be elected for a term of two years : 
 
 Provided always that every nomination for mayor, reeve or written 
 councillor shall be accompanied by a written consent from the"""^^"' 
 person named in each nomination to accept the office if elected. 
 C. O. 70, s. 22, and 1902, c. 9, s. 1. 
 
 23. In the event of more than the required number of * *po1i 
 persons being nominated for the municipality the returning 
 officer shall declare that a poll will be held in such munici- 
 pality and name the time (which shall be the same day of 
 the week as the nomination in the next following week), the 
 place and the deputy returning officer or deputy returning 
 officers, as the case may be, appointed to hold the same and the 
 time and place where the result of such poll shall be declared. 
 
 C. O. 70, s. 23, and 1902, c. 9, s. 2. 
 
 24. Whenever a poll has to be taken the returning officer Election 
 
 1 T c 1 • • notices 
 
 shall Without any unreasonable delay after the nomination 
 cause to be posted up in at least ten conspicuous places within 
 the municipality a notice in form B in the schedule to this 
 Ordinance. C. O. 70, s. 24. 
 
 25. An y candidate nominated may withdraw at any t™eCandidate^a^^^ 
 after nomination and before the close of the poll on polling 
 
 day by filing with the returning officer or deputy returning 
 officer a declaration in writing to that effect signed by himself 
 in the presence of the returning officer or deputy returning 
 officer, a justice of the peace or a notary public and any votes 
 cast for any such candidate shall be null and void. C. 0. 70, 
 s. 25. 
 
 26. The poll shall be kept open from nine o'clock ( standard Hojjrs^of 
 time) in the forenoon until five o'clock (standard time) in the 
 afternoon of the same day. C. O. 70, s. 26. 
 
 27. Any person producing to the deputy returning officer atAgent^of^ 
 any time a written authority to represent a candidate as agent 
 
 at a polling place shall be recosmised as such by the deputy 
 returning officer. C. O. 70, s. 27. 
 
7Si 
 
 MUNICIPAL 
 
 Direction 
 for voting 
 
 Penalty for 
 voting twice 
 
 Evidence of 
 voting 
 
 38. Every elector who is entitled to a vote in more than one 
 polling subdivision shall vote for mayor in tovms and for reeve 
 in rural municipalities at the polling place or polling subdi- 
 vision in which he is resident if qualified to vote therein ; or 
 when he is a nonresident or is not entitled to vote in the polling 
 subdivision where he resides then where he first votes and there 
 only. 
 
 (2) An.y person who votes for mayor or reeve after having 
 already voted for mayor or reeve at some other polling place at 
 that election shall incur a penalty of $50 to be recovered with 
 full costs of suit by any person who will sue for the same in 
 any court having jurisdiction where the offence was com- 
 mitted and any person against whom judgment was rendered, 
 shall be ineligible either as a candidate or elector at the nexl; 
 annual elections. 
 
 (3) The receipt by any voter of a ballot paper within the 
 polling booth shall be prima facie evidence that he has there 
 and then voted. C. O. 70, s. 28. 
 
 Oaths 
 
 39. At the request of any candidate or his agent or of any 
 elector the following oath shall be administered to any person 
 tendering his vote at such election : 
 
 You do solemnly swear that you are the person named or 
 purporting to be named by the name of on 
 
 the voters' list now shown to you; that you have not before 
 voted at this election ; and that you have not received or been 
 promised any consideration whatsoever for voting at this elec- 
 tion and (if the municipality has passed a bylaw requiring all 
 persons to liave paid their taxes to entitle them to vote) that 
 you have paid all taxes in arrear due by you to the munici- 
 pality of ; that you are of the full age of twenty- 
 one years; {if a woman that you are unmarried or a widow). 
 C. O. 70, s. 29. 
 
 Poll clerk 
 Powers and 
 duties 
 
 30. Every deputy returning officer may by writing under 
 his hand appoint a poll clerk who in the absence of such deputy 
 returning officer or on his failure or inability to fulfil the 
 duties required of him by this Ordinance shall have all the 
 powers of such deputy returning officer. C. 0. 70, s. 30. 
 
 Ballot 31. The votes at all elections shall be given by ballot in 
 
 manner hereinafter set forth. 0. 0. 70, 's. 31. 
 
 Form of ballot 33. Every ballot paper shall contain the names of the candi- 
 dates alphabetically arrana;ed and all ballot papers shall be in 
 form C in the schedule to this Ordinance. C. O. 70, s. 32. 
 
iiu^'iciPAL 785 
 
 33. The returning officer shall procure or cause to be pro-R.o. shall 
 cured as many ballot boxes as there are polling subdivisions mlZToles'""" 
 the municipality and cause to be printed a sutticient number 
 
 of ballot papers for the purposes of the election. C. O TO, 
 s. 33. 
 
 34. The returning officer shall at least two days before Delivery of 
 polling day deliver one of the ballot boxes to each deputy^ ''''"°"""''' 
 returning officer. C. O. 70, s. 34. 
 
 35. The returning officer shall before the poll is opened Ballots to be 
 cause to be delivered to every deputy returning officer the ballot ''^"''"'"^ 
 papers, materials for marking the ballot papers and a suffi- 
 cient number of printed directions for voting in form D in the 
 schedule to this Ordinance. C. O. 70, s. 35. 
 
 ■'! 
 
 36. The secretary treasurer of the municipality shall supplyvoters liat 
 to each deputy returning officer before the opening of the poll 
 
 a voters' list in form E in the schedule to this Ordinance, con- 
 taining the names of all the electors at that polling subdivision 
 and a copy of the defaulters' list if any as provided in section 
 19 of this Ordinance. C. O. 70, s. 36. 
 
 37. Every deputy returning officer shall provide a compart-poiung booth 
 ment at the polling place to which he is appointed where the 
 
 voters can mark their ballots screened from observation, and 
 may appoint a constable to maintain order at the polling place. 
 C. O. 70, s. 37. 
 
 38. Every deputy returning officer shall immediately beforeproceedingKat 
 the commencement of the poll open the ballot box and call such°^®"^"^° "" 
 persons as may be present to witness that it is empty ; he shall 
 
 then lock and properly seal the same to prevent its being 
 opened without breakina: the seal and then place the box in 
 view for the recent! on of the ballots and the seal shall not be^ 
 broken nor the box unlocked during the time appointed for 
 taking the poll C. O. 70, s. 38. 
 
 39. Proceedings at the poll shall be as follows: Conflnct 
 
 1. On a person presenting himself for the purpose of voting use of voters' 
 the deputy returning officer shall ascertain that the name of 
 
 such person is entered or purports to be entered upon the 
 voters' list of his polling division ; 
 
 2. If such person takes the oath or affirmation prescribed E^|t;-yi7taken 
 by this Ordinance the deputy returning officer shall cause to 
 
 be entered opposite the name of such person in the proper 
 column of the voters' list "sworn" or "affirmed," according to 
 the fact ; 
 
786 
 
 MUNICIPAL 
 
 Entry when 
 oath is 
 not taken 
 
 Consequence 
 of refusal of 
 oath 
 
 Entry when 
 oath is 
 objected to 
 
 Ballot paper 
 to be given 
 to voter 
 
 Explanations 
 may be made 
 
 Voters' list 
 to be marked 
 
 Only one voter 
 to vote at a 
 time 
 
 Method of 
 voting 
 
 Voter to he 
 alone when 
 marking ballot 
 
 3. When such person as aforesaid has been required to take 
 the oath or aifirmation prescribed by this Ordinance and 
 refuses to take the same the deputy returning officer shall cause 
 to be entered in the proper column of the voters' list opposite 
 the name of such person the words "refused to be sworn" or 
 "refused to affirm," according to the fact; 
 
 4. ISTo person who has refused to take the oath or affirmation 
 prescribed by this Ordinance when requested so to do shall 
 receive a ballot paper or be admitted to vote ; 
 
 5. When the vote is objected to the deputy returning officer 
 shall cause to be entered in the proper column of the voters' 
 list opposite the voter's name the words "objected to" and shall 
 add thereto the name of the candidate by whom or on behalf of 
 whom the objection is made ; 
 
 6. After the proper entries respecting a person claiming to- 
 vote have been made in the voters' list in the manner prescribed 
 the deputy returning officer shall stamp or sign bis initials 
 upon the back of the ballot paper and shall deliver the same to- 
 such person ; 
 
 7. The deputy returning officer may and upon request shall 
 either personally or through his poll clerk explain to the voter^ 
 as concisely as possible, the mode of voting ; 
 
 8. The deputy returning officer shall cause to be placed in 
 the proper column of the voters' list a mark opposite the name 
 of every voter receiving a ballot paper ; 
 
 9. Only one person claiming to be entitled to vote shall be 
 allowed at a time in the apartment where the election is held ; 
 
 10. Each person receiving a ballot paper shall forthwith 
 proceed to the compartment provided for marking ballots and 
 shall mark his ballot paper by placing a cross opposite th& 
 name of the candidate or candidates for whom he desires tO' 
 vote; he shall then fold the ballot paper so as to conceal the 
 names of the candidates and the marks on the face of the paper 
 but so as to expose the initials of the deputy returning officer 
 and on leaving the compartment shall forthwith and without, 
 exposing the face of the ballot paper to any one or in any 
 manner making known to any person for or against whom he- 
 has voted deliver the same to the deputy returning officer who- 
 shall without unfolding it verify his initials and at once deposit 
 it in the ballot box in the presence of all other persons entitled 
 to be and then present in the polling place ; 
 
 11. While any voter is in the compartment for the purpose- 
 of marking his ballot paper no other person shall be allowed 
 in the same compartment or be in any position from which he 
 can see the manner in which such voter marks his ballot paper 
 except as hereinafter provided ; 
 
MUNICIPAL . 787 
 
 12. In case any elector states he is unable to mark his ballot ^hfere voter 
 
 , 13 unable to 
 
 paper : mark hia ballot 
 
 (a) The deputy returning officer shall in the presence of 
 the candidates or their agents present, if required by 
 any candidate or agent, administer an oath to such 
 elector that he is unable to mark his ballot paper and 
 shall then cause the vote of such elector to be marked 
 as he directs and shall then place the same in the 
 ballot box; and 
 
 (h) The deputy returning officer shall state in the voters' 
 list opposite the name of such elector in the column 
 for remarks the fact that the ballot paper was marked 
 by him at the request of the voter and why ; 
 
 13. Any elector who has spoiled his ballot paper in markine "^here ballot 
 
 JT ii-ic r r ~o paper is 
 
 it and discovers the fact before it has been placed in the ballot spoiled 
 box may on returning the same to the deputy returning officer 
 and proving the fact to him obtain another ballot paper and 
 the deputy returning officer shall mark upon the face of the 
 ballot paper so returned the word "cancelled" and all ballot 
 papers so marked shall be preserved by the deputy returning 
 officer and by him returned to the returning officer in the 
 manner hereinafter povided ; 
 
 14. Any person who has received a ballot paper and who Persons 
 
 ,-,. ., ,. declining 
 
 leaves the polling place Avithout delivering the same to the' ^° ^ote 
 deputy returning officer in the manner provided or if, afterj 
 receiving the same^ refuses to vote shall forfeit his right to^ 
 vote at the election then pending and the deputy returningi 
 officer then shall make an entry in the voters' list opposite the 
 name of such person in the column for remarks, that such 
 person received the ballot paper and did not return the same or 
 that the person returned the ballot paper and declined to vote, 
 in which latter case the deputy returning officer shall mark 
 upon the face of the ballot paper the word "declined," and all 
 ballot papers so marked shall be preserved by the deputy 
 returning officer and by him returned to the returning officer 
 in the manner hereinafter provided ; 
 
 15. Any deputy returning officer, candidate, agent or V^^^ f^'^^Zl^tn 
 clerk who belongs to a polling division other than the one in ;{5^f^ij;,°"^£f„ 
 which he is performing the duties of such, may vote at the ^^"If^^fJ 
 polling station where he is so engaged provided he produces a 
 certificate from the secretary treasurer of the municipality that 
 
 he is a qualified voter within the same, and the deputy return- 
 ing officer shall attach such certificate to the voters' list. C. O. 
 70, s. 39. 
 
iOO MUXICIPAL 
 
 Close oi poll 40. Imriiediately after the close of the poll the deputyj 
 returning officer shall in the presence of the poll clerk, if there 
 be one, and such of the candidates with their agents (o'f whom 
 there shall not be more than two for any candidate) as may be 
 present, open the ballot box and proceed as follows : 
 
 1. He shall examine the ballot papers and reject all those on 
 the back of which his initials are not found or on which more 
 votes are given than the elector is entitled to give or on which 
 anything appears by which the voter can be identified and any 
 ballot paper on which votes are given for a greater number of 
 candidates for any office than the voter is entitled to vote for 
 shall be void as regards all candidates for the said office ; 
 
 2. Take a note of any objection made by any candidate or 
 his agent 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- 
 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 votes given for each candidate from the ballot 
 papers not rejected and make a written statement of the 
 number of votes given to each candidate 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 authorised 
 to be present as may desire to sign the same ; 
 
 5. The deputy returning officer shall then certify under his 
 own hand in full words on the voters' list the total number of 
 persons who have voted at the polling place at which he is 
 appointed and make up into separate packets : 
 
 (a) The statement of votes given for each candidate and 
 of the rejected ballot papers; 
 
 (&) The used ballot papers which have not been objected 
 to but which have been counted ; 
 
 (c) The ballot papers which have been objected to but 
 which have been counted ; 
 
 (d) The rejected ballot papers; 
 
 (e) The declined and cancelled ballot papers ; 
 
 (f) The voters' list and, if any, the defaulters' list; 
 
 which packets, closed up and sealed with his own seal and with 
 the seals of any persons present desiring to affi;x their seals 
 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 ; 
 
MUNICIPAL Y89 
 
 6. Before returning the said voters list to the returning 
 officer the deputy returning officer shall make and subscribe 
 before such returning, officer or a justice of the peace or the 
 poll clerk an affidavit in the form following this subsection; 
 which affidavit shall thereafter be annexed to the voters' list 
 and such voters' list and declaration may be inspected at any 
 time in the presence of the returning officer by any elector of 
 the municipality : 
 
 I, CD., the undersigned, deputy returning officer for ward 
 (or polling subdivision) No. of the town (or rural muni- 
 
 cipality as the case may he) of do s>vear {or if he is 
 
 a person permitted hy law to ajjvrm do affirm) that to the best 
 of my knowledge the voters' list used in and for the said ward 
 {or polling subdivision) No. of the said town {or rural 
 
 municipality as the case may he) of was so used in the 
 
 manner prescribed by law and that the entries required by law 
 to be made therein were correctly made. 
 Sworn {or affirmed) before me 
 
 at , this day 
 
 of , A.D. 1 
 
 X.Y.. 
 
 Justice of the Peace. 
 Or 
 
 O.D., 
 
 Deputy Returning 
 Officer. 
 
 Returning officer of the to^vn {or rural municipality as the case 
 may be) of 
 
 7. Every deputy returning officer upon being requested to 
 do so shall give to the persons authorised to attend at his polling 
 place a certificate showing the total number of votes cast at his 
 polling place for each candidate and the number of rejected 
 ballot papers. C. 0. 70, s. 40, and 1902, c. 9, s. 3. 
 
 41. At the time and place fixed for declaring the result of Final coum, 
 the election the returning officer shall open the packet con^ tiecUration 
 taining the statement of the number of votes given for each 
 candidate and shall publicly declare elected the candidate or 
 candidates as hereinafter provided and shall deliver or forward 
 to each candidate a certificate of his election showing the total 
 number of votes cast for each candidate and those declared 
 elected by him : 
 
 1. As mayor or reeve for the ensuing year, the candidate 
 receiving the highest number of votes ; 
 
 2. As councillors, at the first election the three candidates in 
 town municipalities and the two candidates in rural munici- 
 palities who have received the highest number of votes shall be 
 (declared elected for the two years next ensuing and the three 
 
790 
 
 MUNICIPAL 
 
 candidates in town municipalities and tlie two candidates in 
 rural municipalities who have received the next highest num- 
 ber of votes shall be declared elected for the next ensuing year 
 and at each election thereafter the councillors receiving the 
 highest number of votes shall be declared elected for a term of 
 two years'. 
 
 (2) In case it appear? that two or more of the candidates 
 have an equal number of votes the returning officer shall at the 
 time he declares the result of the poll give a vote for 6ne or 
 more of such candidates so as to decide the election and except 
 in such case the returning officer shall not vote. C. O. 70, s. 
 41. 
 
 isposal of 
 'ballot boxes 
 
 43. After the election the ballot boxes, packets and returns 
 shall be transmitted to the secretary treasurer of the munici- 
 pality and the secretary treasurer shall be responsible for their 
 safe keeping and for their delivery when required. C. O. 70, 
 s. 42. 
 
 Destruction of 
 ^ballots 
 
 43. The secretary treasurer of the municipality having 
 retained for three months all ballot and other papers trans- 
 mitted to him as aforesaid shall then destroy the same unless 
 otherwise ordered by the supreme court or a judge thereof. C. 
 0. 70, s. 43. 
 
 Returning 
 ■officer 
 
 44. The secretary treasurer of the municipality shall unless 
 otherwise directed by bylaw of the council, be returning officer 
 of the municipality ; and any returning officer may exercise and 
 perform the powers and duties of a deputy returning officer at 
 any one polling place in the municipality to be selected by 
 such returning officer or as directed by the council. C. O. 70, 
 s. 44. 
 
 Ballots may 
 not be 
 inspected 
 
 45. 'No person shall be allowed to inspect any ballot papers 
 or other documents or papers other than the voters' list used at 
 an election, in the hands of the secretary treasurer, except 
 under the order of the court or judge as aforesaid which order 
 shall state the time and place for inspecting such papers and 
 name the persons to be present thereat. C. 0. 70, s. 45. 
 
 xpenses ^g_ ^^j reasonable expenses incurred at any election under 
 
 this Ordinance shall be paid by the municipality upon produc- 
 tion of accounts verij&ed as the council of said municipality 
 may direct. 0. O. 70, s. 46. 
 
MUNICIPAL 791 
 
 ELECTION OF SCHOOL TRUSTEES. 
 
 47. 48. 49. 50. 51. 52. 53.* ******* 
 
 COEKUPT PBACTICES. 
 
 54. The following persons shall be deemed guilty of bribery c-orrupt 
 and shall be punished accordingly : 
 
 1. Every person who directly or indirectly by himself or by 
 any other person in his behalf gives, lends, or agrees to give or 
 lend or offers or promises money or valuable consideration or 
 gives or procures or agrees to give or procure or offers or pro- 
 mises any office, place or employment to or for any voter or to 
 or for any person on behalf of any voter or to or for any person 
 in order to induce any voter to vote or refrain from voting at a 
 municipal election or upon a bylaw for raising money or 
 creating a debt upon a municipality or part of a municipality 
 for any purpose whatever or who corruptly does any such act 
 as aforesaid on account of such voter having voted or refrained 
 from voting at such election or upon such bylaw ; 
 
 2. Every person who directly or indirectly by himself or by Corrupt 
 
 ^ ^ ^ '^ practices 
 
 any other person in his behaK makes any gift, loan, offer, pro- 
 mise or agreement as aforesaid to or for any person in order 
 to induce such person to procure or endeavour to procure the 
 return of any person to serve in any municipal council or to 
 procure the passing of any bylaw as aforesaid or the vote of 
 any voter at a municipal election or for such bylaw ; 
 
 3. Every person who by reason of any such gift, loan, offer, 
 promise, procurement or agreement, procures or engages, pro- 
 mises or endeavours to procure the return of any person in the 
 municipal election or to procure the passing of any bylaw as 
 aforesaid or the vote of any voter at a municipal election or 
 for such bylaw ; 
 
 4. Every person who advances or pays or causes to be paid 
 money to or for the use of any person with the intent that such 
 money or any part thereof shall be expended in bribery at a 
 municipal election or at any voting upon a bylaw as aforesaid 
 or who knowingly pays or causes to be paid any money to any 
 person in discharge or repayment of any money wholly or in 
 part expended in bribery at such election or at the voting on 
 such bylaw ; 
 
 5. Every voter who before or during a municipal election or 
 the voting on such bylaw directly or indirectly by himself or 
 any other person in his behalf receives, agrees or contracts for 
 any money, gift, loan or valuable consideration, office, place or 
 
i'J2 MUXICIPAL 
 
 employment for himself or for any other person for voting or 
 agreeing to vote or refraining or agreeing to refrain from 
 voting at such election or upon such bylaw ; 
 
 6. Every person who after such election or the voting upon 
 an> such bylaw directly or indirectly by himself or any other 
 person on his behalf receives any money or valuable considera- 
 tion on account of any person having voted or refrained from 
 voting or having induced any other person to vote or refrain 
 from voting at any such election or upon any such bylaw ; 
 
 7. Every person who hires horses, teams, carriages or other 
 vehicles for the purpose of conveying electors to or from the 
 polls and every person who receives pay for the use of any 
 horse, teams, carriages or vehicles for the purpose of conveying 
 any electors to or from any polls as aforesaid ; 
 
 8. Every person who directly or indirectly by himself or by 
 any other person on his behalf makes use of or threatens to 
 make use of any force, violence or restraint or inflicts or 
 threatens the infliction by himself or by or through any other 
 person of any injury, damage or loss or in any manner prac- 
 tises intimidation upon or against any person in order to induce 
 or compel such person to vote or refrain from voting or on, 
 account of such person having voted or refrained from voting 
 at any election or who in any way prevents or otherwise inter- 
 feres with the free exercise of the franchise of any voter shall 
 be deemed to be guilty of undue influence and be subject to the 
 penalty hereinafter mentioned. C. 0. 70, s. 54. 
 
 Lawful 
 expenses 
 
 55. The actual personal expenses of a candidate, his 
 expenses for actual professional services performed and bona 
 fide payments for the fair cost of printing and "advertising shall 
 be held to be the expenses lawfully incurred and the payment 
 thereof shall not be a contravention of this Ordinance. C. 0. 
 70, s. 55. 
 
 CONTROVEETED ELECTIOXS. 
 
 proceedinKf ^^- ^ within six wecks after the election or one month 
 after the acceptance of office by the person elected a relator 
 shows by affidavit to any such judge reasonable grounds for 
 supposing that the election was not legal or was not conducted 
 according to law or that the person elected thereat was not duly 
 elected or was guilty of bribery or undue influence and if the 
 relator either deposits with the clerk of the court $200 or enters 
 into a bond in the sum of $200 with two sureties, to be allowed 
 as sufficient by the juds^e upon affidavit of justification, in the 
 sum of $100 each, conditioned to prosecute the writ with effect 
 or to pay the party against whom the same is brought any costs 
 
MUKICIPAL 'j-gg 
 
 M-hich may be adjudged to him against the relator, the judge 
 shall direct a writ of summons in the nature of a quo warranto 
 to be issued to try the matters complained of. C. O. 70, s. 56. 
 
 57. In case the relator alleges that he himself or some other investisation 
 person has been duly elected the writ shall be to try the vali- reiafo""" '"' 
 dity both of the election complained of and the alleged election 
 of the relator or other person. (.'. 0. 70, s. .5 
 
 •J I . 
 
 58. In case the grounds of objection apply equally to two or writ may 
 more persons elected the relator may proceed by one writ ei^.HJns of 
 against such persons. C. O. 70, s. 5S. two persons 
 
 59. When more writs than one are brought to try the vali- Judgment on 
 dity of an election or the validity of the election of more than writs'"'"""' 
 one person the judge may give one judgment upon all or a 
 separate judgment upon each or more of them as he thinks fit. 
 
 C. O. 70, s. 59. 
 
 60. The writs shall be issued by the clerk of the supreme la.ue and 
 court and shall be returnable before the judge m chambers at ™''"™ "' ^"' 
 a place named in the writ upon the eighth day after service 
 computed exclusively of the day of service or upon any later 
 
 day named in the writ. C. 0. 70', s. 60. 
 
 61. The writ shall be served personally imless the party tc Personal 
 be served keeps out of the way to avoid personal service in " 
 which case the judge upon being satisfied thereof by affidavit 
 
 or otherwise may make an order for such substitutional service 
 as he thinks fit. C. O. 70, s. 61. 
 
 62. The judge before whom the writ is made returnable or Returning 
 is returned may if he thinks proper order the issue of a writ of depaty°may 
 summons at any stage of the proceedings to make the returning ^'^^^'^ ^ 
 officer or any deputy returning officer a party thereto. C. O. 
 
 70, s. 62. 
 
 63. The judge before Avhom the writ is returned may allow intervention 
 any person entitled to be a relator to intervene and prosecute 
 
 and may grant a reasonable time for the purpose and any 
 intervening party shall be liable or entitled to costs like any 
 other party to the proceedings. C. 0. 70, s. 63. 
 
 64. The judge shall in a summary manner upon statement powers of 
 qnd answer without formal pleadings hear and determine the ■"" ^' 
 validity of the election and may by order cause the assessment 
 
794 
 
 MUNICIPAL 
 
 rolls, tax roll, voters' list and any other records of the election 
 to be brought before him and may inquire into the facts on 
 afiSdavit or by oral testimony. C. O. 70, s. 64. 
 
 Disgualifica- 
 tlon of 
 candidate 
 
 65. Any candidate elected at any municipal election who 
 shall be found guilty of any act of bribery or using undue 
 influence shall forfeit his seat and shall be rendered ineligible 
 as a candidate at any municipal election for two years there- 
 after. C. O. 70, s. 65. 
 
 Penalty gg, ^jjy person who is adjudged guilty of bribery shall 
 
 incur a penalty of $25 and shall be disqualified from voting at 
 any municipal election or upon a bylaw for the next suc- 
 ceeding two years. C. 0. 70, s. 66. 
 
 pelmiir^"* ^^* T^6 penalties imposed by the preceding section shall be 
 recoverable with full costs of suit by any person who sues for 
 the same in the supreme court in the judicial district in which 
 the offence was committed; and any person against whom 
 judgment is rendered shall be ineligible either as a candidate 
 or a municipal voter until the amount which he has been con- 
 demned to pay is fully paid and satisfied. C. 0. 70, s. 67. 
 
 Report of 
 judge 
 
 68. It shall be the duty of the judge who finds any cajidi- 
 date g^^ilty of a contravention of section 54 of this Ordinance 
 or who condemns any person to pay any sum for any offence 
 against the said section to report the same forthwith to the 
 secretary treasurer of the municipality wherein the offence has 
 been committed. 0. O. 70, s. 68. 
 
 List of 
 
 persons 
 
 disqualified 
 
 69. The secretary treasurer of every municipality shall duly 
 enter in a book to be kept for that purpose the names of all 
 persons within his municipality who have been adjudged 
 guilty of any offence as aforesaid and of which he has been 
 notified as aforesaid. C. 0. 70, s. 69. 
 
 Witness fees 
 
 TO. Any witness shall be bound to attend before the judge 
 of the supreme court before whom the complaint is made upon 
 being served with the order of the judge directing his attend- 
 ance or his attendance with documents and! upon payment of 
 the same fees as are paid in civil cases for his attendance or 
 his attendance with documents in the same manner as if he 
 had been directed by a writ of subpoena or a subpoena duces 
 tecum so to attend and he may be punished for contempt and 
 shall be liable to all the penalties for such nonattendance in^ 
 the same manner as if he had been served with a writ of 
 subpoena or a writ of subpoena duces tecum. 0. 0. 70, s. 70. 
 
MUNICIPAL 795, 
 
 71. All proceedings other than application in the nature of Limitation of 
 
 , . ^ ^ time for 
 
 a quo warranto against any person for any violation of section proceedings 
 54 of this Ordinance shall be commenced, within thirty days 
 after the municipal election at which the oifence is said to have 
 been committed or within thirty days after the day of 
 voting upon a bylaw as aforesaid. C. O. 70, s. 71. 
 
 "72. In case the validity of the election of mayor, reeve orTriaiin 
 
 .-.^ . J 7 chambers 
 
 councillor is contested the same may be tried by a judge in 
 chambers and any candidate at the election or any elector of Relator 
 the municipality may be the relator for the purpose. C. O. 70, 
 
 s. 72. 
 
 « 3. In case the election complained of is adjudged invalid l^^w election 
 the judge shall forthwith by writ cause the person found not invalid 
 to have been duly elected to be removed and in case the judge 
 determines that any other person was duly elected the judge 
 shall forthwith order a writ to issue causing such other person 
 to be admitted and in case the judge determines that no other 
 person was duly elected instead of the person removed the 
 judge shall by the writ cause a new election to be held. 0. 0. 
 70, s. 73. 
 
 74. In case the election of all the members of a council be writ directed 
 adjudged invalid the writ for their removal and for the election 
 
 of new members in their place or for the admission of others 
 adjudged legally elected and an e^C'tion to fill up the remaining 
 seats in the council shall be directed to the sheriff of the judi- 
 cial district in which the election took place and the sheriff 
 shall have all the powers for causing the election to be held fifeTS" °' 
 which a municipal council has in order to supply vacancies 
 therein. C. O. 70, s. 74. 
 
 75. Any person whose election is complained of may unless nisciaimer 
 such election is complained of on the ground of corrupt prac- 
 tices on the part of such person, within one week after service 
 
 on him of the writ transmit postpaid through the post office 
 directed to the clerk of the judicial district who issued the vn-it 
 or may cause to be delivered to such clerk, a disclaimer signed 
 by him to the effect following : 
 
 I, A.B., upon whom a writ of summons in the nature of a 
 
 quo luarranto has been served for the purpose of contesting my 
 
 right to the office of councillor for the municipality of 
 
 do hereby disclaim the said office and all 
 
 defence of any right I may have to the same. 
 
 Dated day of 
 
 (Signature) A.B. 
 
 C. 0. 70, s. 75- 
 
796 
 
 JIUXICIPAL 
 
 Indorsement 76. Such disclaimer or the envelope containing the same 
 shall be indorsed on the outside thereof with the word "dis- 
 claimer" and be registered at the post office where mailed. C. 
 O. 70, s. 76. 
 
 ' Service o( 
 diflclaimer 
 
 77. Where there has been a contested election the person, 
 elected may at any time after the election and before his elec- 
 tion is complained of deliver to the secretary treasurer of the 
 municipality a disclaimer signed by him as follows : 
 
 I, A.B., do hereby disclaim all rights to the ofBce of coun- 
 cillor for the municipality of , and all defence 
 of any right that I may have to the same. C. O. 70, s. 77. 
 
 Effect of 
 disclaimer 
 
 78. "Where a disclaimer has been ma,de in accordance with 
 the preceding sections it shall operate as a resignation and the 
 candidate having the next highest number of votes shall then 
 become the councillor or other officer as the case may be. C. 0. 
 
 70, s. 78. 
 
 Notification 
 to council 
 
 79. The secretary treasurer of the council shall forthwith 
 commuiiicate the same to the council. C. O. 70, s. 79. 
 
 *-'°^''^ 80. 'No costs shall be awarded against any person duly 
 
 disclaiming unless the judge is satisfied that such party con- 
 sented to his nomination as a candidate or accepted the office 
 in which case the costs shall be in the discretion of the judge. 
 In all cases not otherwise provided for costs shall be in the dis- 
 cretion of the judge. C. 0. 70, s. 80. 
 
 Decision final 81. The dccision of the judge shall be final and he shall 
 
 immediately after his judgment return the writ and judgment 
 with all things had before him touching the same, except such 
 as he may otherwise order, into the court from which the writ 
 ofjudgment'' issued, there to remain of record as a judgment of the said 
 court and he shall as occasion requires enforce such judgment 
 by writ in the nature of a writ or peremptory mandamus and 
 by writs of execution for the costs awarded. C. 0. 70, s. 81. 
 
 Riiles of 
 court 
 
 Forms and 
 ■costs 
 
 83. The judges of the supreme coiirt sitting en banc or a 
 majority of them may by rules settle the forms of the writs of 
 execution, certiorari, mandamus and execution imder this 
 Ordinance and may regulate the practice respecting the suing 
 out, service and execution of such writs and the punishment for 
 disobeying the same or any other writ or order of the court or 
 judge and respecting the practice generally in hearing and 
 determinina; the validity of such elections or appointments and 
 provide a tarifE of costs thereon and may from time to time 
 
MUXICIPAL 797 
 
 rescind, alter or add to such rules, but all existing rules shall 
 remain in force until rescinded or altered as aforesaid. C. O. 
 70, s. 82. 
 
 Part II. 
 
 Councils. 
 
 DUTIES AND POWEES. 
 
 83. The first meeting of the council elected shall be held on First meeting 
 the first Monday in January in each year except when such 
 Monday is a public holiday in which case the meeting shall 
 
 take place on the next subsequent day not a public holiday and 
 
 the council of the previous year shall hold office up to the first 
 
 meeting of the new council notwithstanding the fiscal year 
 
 expires on the thirty-first day of December in each year and in 
 
 case of neglect or refusal of the electors in a municipality to council to hold 
 
 elect a council as hereinbefore provided until a new council is suoceesora , 
 
 appointed under the provisions of this Ordinance. C. 0. 70, 
 
 s. 83. 
 
 84. A majority of the council shall be a quorum at any Quorum 
 meeting but when the council consists of only five members the 
 concurrent votes of at least three shall be necessary to carry 
 
 any resolution or other measure. C. O. 70, s. 84. 
 
 8.5. Everv munieipalitv shall have iurisdiction over all Jurisdiction 
 
 • -^ ■ *' over highways 
 
 highways within the same and the Lieutenant Governor in bridges and 
 
 . ....... . streatna 
 
 Council may give a municipality jurisdiction over any high- 
 way, bridge or stream dividing municipalities or adjacent 
 thereto when not dividing municipalities and may determine 
 what portion of highway, bridge or stream dividing munici- 
 palities shall be within the jurisdiction of each. C. 0. 70, s. 
 85. 
 
 86. Whenever a municipality acquires by purchase, dona- cemeteries 
 tion or otherwise any plot of land for cemetery purposes out- 
 side of the limits of the municipality the provisions of The 
 Cemetery Ordinance shall apply muiatis mutandis to the said 
 municipality and the council may pass bylaws for raising 
 money for improving, caring for and beautifying such land. 
 C. O. 70, s. 86. 
 
798 
 
 MUNICIPAL 
 
 tcfbe'kepri'n''^ ^^' Every municipality shall keep in repair all sidewalks 
 repair Crossings, sewers, culverts and approaches, grades and" other 
 
 works made or done by its council and on default so to keep in 
 repair shall be responsible for all damages sustained by any 
 person by reason of such default but the action must be 
 brought within six months after the damages have been sus- 
 tained. C. 0. 70, s. 87. 
 
 fe?rie8°and ^^* Municipalities may control and license ferries and 
 
 bridgea bridges erected or authorised by them within their jurisdiction 
 
 for 
 
 and pass bylaws allowing the collection of tolls thereon 
 periods not exceeding five years. C. 0. 70, s. 88. 
 
 b^^a^'fo? ^^* -E^sry council may make regulations and bylaws not 
 
 of'^ro'ceedings P^'o^ided for by this Ordinace and not contrary to law for gov- 
 erning its proceedings, calling meetings, the conduct of its 
 members, appointing committees, and generally such regula- 
 tions as the good of the municipality may require and may 
 repeal, alter and amend its own bylaws except where bylaws 
 are made for the purpose of raising money, levying assessments 
 or striking rates. C. O. 70, s. 89. 
 
 Councillors 
 ii^demnity 
 
 Number of 
 meetings 
 
 90. Every council may pass a bylaw for paying the mem- 
 bers thereof, which shall in no case exceed the sum of $3.00 
 per day and ten cents for every mile necessarily travelled 
 coming to and returning from the business of the council : 
 
 Provided that the number of days for which each councillor 
 shall be paid during the year for which he is elected shall not 
 exceed 15. 0. 0. 70, s. 90, and 1902, c. 9, s. 4. 
 
 Duration of 91. All municipal officers shall hold office until removed by 
 
 office Ot '- , . , . . . /-( /-v f.n 
 
 employees the council, or as expressed m their appointments. U. O. lO, 
 s. 91. 
 
 No 
 
 appointment 
 by tender 
 
 93. ISTo municipal council shall make any appointment to 
 office or arrangement for the discharge of the duties thereof by 
 tender or to applicants at. the lowest remuneration. C. O. 70, 
 
 s. 92. 
 
 Duties of 
 
 officers 
 
 Security 
 
 93. The municipal council in addition to defining the duties 
 of its officers shall exact security from the secretary treasurer 
 and such other officers as they may determine for the faithful 
 performance of their duties and it shall be the duty of every 
 council at its first meeting or within a reasonable time there- 
 after to examine and renew the securities given by its officers. 
 C. 0. 70, s. 93. 
 
MUA'ICIPAL 799 
 
 94. Municipal officers shall be liable for their acts and for uaMities 
 
 T . . , . or officers 
 
 damage arising from their refusal or neglect to discharge their 
 duties to the municipality in addition to penalties imposed for 
 violation of any of the provisions of this Ordinance. 0. 0. 70, 
 s. 94. 
 
 BYLAWS. 
 
 95. The council of every municipality may pass bylaws for : Bylaws 
 
 1. The raising of its revenue by assessment on real and per- Raising 
 
 ° -^ '^ revenue 
 
 sonal property and income ; authorising the chairman and the 
 treasurer to borrow from any person or bank or corporation, 
 such sum of money as may be required to meet the expenditure 
 of the municipality until such time as the taxes levied therein 
 «an be collected ; .but such sum of money so borrowed shall not 
 «xceed the estimated revenue of the municipality of the then 
 current year and the collection and expenditure of the same; 
 
 2. The prevention of cruelty to animals not being incon-PreTention 
 sistent with any Statute or Ordinance in that behalf ; 
 
 3. Granting aid to agricultural societies or to hoards of trade Agricultural 
 
 , T • , T T . ■ .-,. 7 societies 
 
 or incorporated mechanics and literary institutes within the 
 Tnunicipalityj 
 
 4. The prevention or removal of abuses prejudicial to ^gri-'of'^buses"' 
 culture not otherwise provided for by law ; 
 
 5. The relief of the poor; Poor relief 
 
 6. Appointing policemen, watchmen and patrols and regu- PoUoe 
 lating and defining their duties and their remuneration ; 
 
 7.' Providing for the health of the municipality and against Public health 
 the spreading of contagious or infectious diseases ; 
 
 8. Appointing and defining duties of a board of liealth,Hf^a^th officers 
 health officers and scavengers ; 
 
 9. Providing for planting and protecting trees on highways Planting trees 
 and other puhlic places; 
 
 10. Taking the census of the municipality ; 
 
 11. Appointing such officials under such names as the App^n ting 
 council may deem necessary for the carrying out of the work 
 
 of the corporation, defining their duties and providing for 
 their remuneration; 
 
 12. Entering upon and taking and using and acquiring so Expropriating 
 much real property as may be required for highways, roads, 
 
 streets, bridges, alleys and byways in the municipality without 
 the consent of the owners of such real property and without the 
 consent of the owners taking and acquiring for the purpose of 
 preventing the operation of any and all such coal mines and 
 coal pits within, upon or under any portion of the limits of the 
 
800 
 
 JIUXICII'AL 
 
 Public works 
 
 Public 
 buildings 
 
 Public 
 markets 
 
 Selling 
 on streets 
 
 Public scales 
 
 Parks 
 Public wells 
 
 Regulating 
 
 public 
 
 buildings 
 
 Drainage 
 
 Sidewalks 
 
 municipality (being a town) as in the opinion of the municipal 
 council injuriously affect or endanger property within the 
 limits of the municipality making due compensation therefor 
 to the parties entitled thereto ; and such compensation may be 
 determined by arbitration under the provisions of this Ordin- 
 ance where a mutual agreement is not possible ; 
 
 13. Laying out, constructing, repairing and maintaining 
 highways) roads, streets, bridges, alleys and byways ; 
 
 14. The erection of halls, lockups, weigh houses, markets 
 and such buildings as may be beneficial to the municipality 
 and to expropriate lands therefor; 
 
 15. The establishment and regulation of public markets and 
 imposition of penalties for light weights, short measurement 
 and of any breach of contract in public markets and restraining 
 or preventing selling on the streets ; 
 
 16. Establishing municipal scales for weighing or mea- 
 suring and compelling the weighing or measuring thereon or 
 thereby of any thing sold by weight or measurement in the 
 public market and establishing or regulating the fees to be paid 
 for weighing or measuring on such scales and compelling 
 dealers in coal to weigh upon such scales all coal sold by them 
 if requested to do so by the purchaser ; 
 
 17. Purchasing, controlling, erecting or establishing parks; 
 
 18. Making and regulating the use of pxiblic wells, cisterns 
 and reservoirs ; 
 
 19. Regulating the size and number and construction of 
 doors in churches, theatres and halls or other places of pniblic 
 worship, public meetings or places of amusement and the street 
 gates leading thereto and also the size and structure of stairs 
 and stair railings in all such buildings and the strength of 
 beams and joists and their supports ; and also providing for and 
 regulating the size and number of fire escapes for buildings 
 more than two storeys in height; 
 
 20. Controlling and constructing sewers, drains and ditches 
 and regulating and preventing the obstruction of the same; 
 building and repairing sidewalks, preventing the leading, 
 riding or driving of cattle or horses thereon or the 
 riding on bicycles or tricycles thereon and compelling persons 
 to remove and clear away all snow, ice and dirt and other 
 obstructions from the sidewalks adjoining the premises owned 
 or occupied by them ; and also to provide for the cleaning of 
 sidewalks adjoining vacant property of nonresidents and the 
 property of any other persons who for twenty-four hours 
 neglect to clean the same and in case of nonpayment of the 
 
MUNICIPAL 801 
 
 expenses thereof by the owner or occupant, charging the same 
 against the property as a special assessment to be recovered in 
 like manner with the other taxes ; 
 
 21. Authorising any corporate gas or water or gas and water '-;^y'"e down 
 company to lay down pipes or conduits for the conveyance of 
 
 gas or water or both under streets, squares and other public 
 places subject to such regulations as the council may make; 
 
 22. Contracting subject to ratification hy the ratepayers'^^*'<'^^^"PP^y 
 as provided in Part V of this Ordinance in the case of^"^ ,. 
 bytaws for creating debts with any water works or water 
 company for a supply of Avater within the municipality for 
 
 fire purposes and other publi6 uses for hydrants or otherwise 
 as may be deemed advisable and for the renting of any such 
 hydrants for any number of years not in the first instance 
 exceeding twenty and renewing any such contract from time to 
 time for such period not exceeding ten years as such council 
 may desire and every such council shall also have power to 
 purchase hydrants necessary for any of the purposes or uses 
 aforesaid and also to erect the same ; and purchasing or renting 
 for a term of years or otherwise fire apparatus of any kind and 
 fire appliances and appurtenances belonging thereto respec- 
 tively; 
 
 23. Compelling the removal of dirt, filth, dust or rubbish, off ^(''^^fs'^^^^g 
 " the highways, streets, lanes, alleys or byways by the party 
 
 depositing the same or by the owner or occupant before whose 
 property it is or in default removing the same at his expense : 
 compelling the removal of anything deemed dangerous to the 
 lives of the inhabitants; preventing and regulating the con- 
 struction of privy vaults and water closets and providing for 
 keeping the same in a proper state of cleanliness and repair; 
 preventing or regulating the erection or continuance of slaugh- 
 ter houses, gas- works, tanneries, distilleries or other manufac- 
 tories or trades which may prove to be nuisances ; and prevent- 
 ing and abating nuisances generally ; 
 
 24. Preventing the incumbering of streets or other public Pf^^v-enUng^ 
 places by vehicles, agricultural implements, lumber and other of streets 
 articles ; 
 
 25. Kegulating the rate or pace of riding or driving within ReguMng 
 the municipality or any part thereof ; streets 
 
 26 Eegulating the keeping and transporting of gunpowder gtorage of 
 
 ., , T J. • 1„ . gunpowder 
 
 and other combustible or dangerous materials , etc. 
 
 27. Preventing the defacing of private or other property ^J^lf^^f^^^, 
 
 . ,, ,. of buildings 
 
 printed or other notices ; 
 
 28. Kegulating the rate or pace of riding or driving on Regulating 
 bridges; ^"''^^^ 
 
802 
 
 MUNICIPAL 
 
 Licensing 
 gaming tables 
 
 Licensing 
 showe, etc. 
 
 Licensing 
 places of 
 amusement 
 
 Licensing 
 hawkers 
 
 Licensing 
 business, etc. 
 
 Licensing 
 porters, etc. 
 
 29. Licensing, regulating and governing all persons who 
 keep or have in their possession or on their premises any 
 billiard, pool or bagatelle table in a place of public entertain- 
 ment whether such table be used or not and for fixing the 
 sum to be paid for a license for each such table and the time 
 such license shall be in full force ; 
 
 30. Preventing or regulating and licensing exhibitors of wax 
 works, menageries, circuses, shows, theatres, caravans and for 
 requiring the payment of license fees for authorising the same 
 not exceeding $500 per day and for imposing fines on persons 
 for infringing such bylaws to the amount of $50 over and 
 above the amount of the license fee, and such fine and costs 
 and fee niay be levied by sale of the goods of the showman 
 or the goods belonging to or used in connection with the show 
 or exhibition whether owned by the showman or not and in 
 addition the offender may be imprisoned for six months ; 
 
 31. Preventing or regulating and licensing exhibitions held 
 or kept for hire or profit, halls, opera houses, bowling alleys 
 and other places of amusement ; 
 
 32. Licensing, regulating and governing hawkers, pedlers or 
 petty chapmen and other persons carrying on petty trades or 
 who go from place to place or to other riien's houses on foot or 
 with any animal bearing or drawing any goods, wares or mer- 
 chandise for sale or for fixing the sum to be paid for a license 
 for exercising such calling within the municipality and the 
 time it shall be in force ; 
 
 33. Controlling, regulating and licensing livery, feed and 
 sale stables, telegraph and telephone companies, telegraph and 
 telephone offices, insurance companies, offices and agents, real 
 estate dealers and agents, intelligence offices or employment 
 offices or agents, butcher shops or stalls, skating, roller or curl- 
 ing rinks, and all other business industries or callings carried 
 on or to be carried on within the municipality or commercial 
 travellers or other persons selling goods, wares, merchandise or 
 other effects of anv kind whatsoever or offering the same for 
 sale by sample cards, specimens or otherwise, for or. on account 
 of anvmerchant. manufacturer or other -norson selling' directly 
 to the consumer, not bavins? his r»rin>^iral place of business in 
 the municipality, and collecting license for the same; 
 
 34. Licensing porters, water dealers, milk dealers or carriers 
 or common carriers, draymen, hackmen, omnibus drivers and 
 ,oTides and regulating the same; 
 
 (a) And for fixing the sum to be paid for license for exer- 
 cising; any or all such callings within the municipality 
 and the time the license shall be in force ; 
 
MUNICIPAL , 803 
 
 (b) The power hereinbefore contained to license and 
 regulate porters, Avater dealers, carriers, draymen, 
 hackmen, omnibuses and guides shall extend to and 
 include all those who carry on business as such partly 
 within and partly without the municipality or who 
 carry or convey goods or persons from any place out- 
 side the municipality to any place wi'thin the same 
 or from within such municipality to any placd 
 beyond the limits thereof ; 
 
 35. Restraining and regulating the running at large of dogs Jo^gs'^'^'"'"^ 
 and imposing a tax on the owners, possessors or harbourers of 
 dogs and killing dogs running at large ; 
 
 86. Regulating the assize of bread and preventing the use of il^stfM^of "^ 
 deleterious materials in making bread and providing for the ""^"^^ 
 seizure and forfeiture of bread made contrary thereto ; 
 
 37. Allowing a rebate on all taxes paid before a time to be J^xanrnf 
 named in the bylaw ; such rebate shall not exceed ten per cent. 
 
 and the time fixed by the bylaw shall not be less than thirtyi 
 days from the passage of the bylaw ; 
 
 38. Exemption from taxation for the then current year; fro^SxaUon 
 
 39. Exemption from taxation for a longer period than one 
 year subject to ratification as hereinafter provided; 
 
 40. Malcing loans or granting bonuses to manufactories Ro-^^sing^^^^^^ 
 mills, railways or any works of a public nature subject to rati- 
 fication by the ratepayers as hereinafter provided ; 
 
 41. Building, owning or operating grist mills elevators and PSr^e! 
 manufacturing establishments, subscribing for stock therein 
 subject to ratification as hereinafter provided; 
 
 42. Establishing a fire department, appointing the officers J^™ j.,^^,,^ 
 thereof, regulating and providing their remuneration and pre- 
 scribing their duties ; 
 
 43. Providing protection from fire by the purchase of protection 
 engines and equipment ; 
 
 44. Compelling the.inhabitants to assist and aid in the aH°™?ance1n 
 extinguishment of fires ; pulling down and razing buildings in ^?|fVlling' 
 the vicinity of fires for the purpose of preventing the spread- "uUdings 
 ing of the same ; 
 
 45. Regulating fire districts ; *^-« '^'^'"'''^ 
 
 46. Regulating the erection and repair of buildings and ^^^^^ 
 preventing the erection of wooden buildings or additions there- w^ooae,,^^_ ^^^_ 
 to and wooden fences in specified parts of the municipality and 
 prohibiting the erection or placing of buildings other than 
 
 with main walls of brick, iron, concrete or stone and roofing 
 
804 MUNICIPAL 
 
 Chimneys of incombustible material within defined areas of the munici- 
 pality and regulating the construction of chimneys as to dimen- 
 sions and otherwise and enforcing the proper cleaning of the 
 iWopei"' ^^™® ^^^ authorising the pulling down or removal at the 
 buildings expense of the owner thereof of any building or erection which 
 may be constructed or placed in contravention of any bylaw j 
 
 o/flre.?'^'°° 47. Generally establishing such measures as the safety and 
 
 welfare of the municipality may require for the prevention 
 and extinguishment of fires ; 
 
 ar°reare°"'^'"*^ 48. Compromising upon such terms as may be agreed upon 
 of taxes fQj, ^}jg payment of arrears of taxes; 
 
 noxiouf weeds '^^^ Compelling the destruction of noxious weeds and plants 
 by the owner or occupant of the premises upon Avhich the same 
 may be grown or standing or in default destroying or removing 
 the same and charging the expenses so incurred as taxes 
 against sUch premises for the current year ; 
 
 nuisance* ° 50. The purchase or otherwise acquiring and holding any 
 
 ^™"" lands situated outside the limits of the municipality which 
 
 may be required for a nuisance ground for the purpose of dis- 
 posing of the sewage and other refuse of such municipality ; 
 
 m°unTc'i"airtV^ 51. Generally to make and establish all such bylaws for the 
 government and good order of the municipality and the sup- 
 pression of vice and immorality, protection of property and the 
 promotion of health not inconsistent with the law ; 
 
 sii)kTngfund°^ ^^' I^'^estiug any part of the moneys held by them to the 
 credit of a sinking fund account (which cannot be immediately 
 applied towards paying the debt by reason of no part thereof 
 being yet payable) from time to time in Dominion Government 
 securities, school or municipal debentures of any school or 
 municipality in the North- West Territories provided that such 
 debentures mature before the date on which the debt for which 
 the said sinking fund exists is due and payable ; 
 
 firea°ms ^^' PfoTiHHing the discharge of firearms or other explo- 
 
 sives in the municipality or in any part of the municipality 
 com,prised in any registered townsite. , 
 
 chfidren'being ^^- ^u presentation of a duly certified petition represent- 
 at nightfall ^^S onc-half of the resident ratepayers of any municipality or 
 portion of a municipality regulating the time after which 
 children shall not be in the streets within the limits represented 
 by the said petitioners at nightfall without proper guard- 
 ianship and the age or -apparent age of boys and girls respec- 
 tively under which they shall be required to be in their homes 
 at the hour appointed and such municipal council shall in each 
 case cause a bell or bells to be rung at or near the time 
 appointed as a warning to be called a "curfew bell" after which 
 
MUNICIPAL 805 
 
 the children so required to be in their homes or off the streets 
 shall not be upon the public streets except under proper control 
 or guardianship or for some unavoidable cause ; and for provid- 
 ing a penalty for any child so found in the public streets 
 contrary to the above regulations and the parent or guardian 
 of any child who after being duly warned in writing permits 
 his child to be on the public streets contrary to said regula- 
 tions ; 
 
 55. The erection, maintenance and regulation of hospital sHospitaU 
 or granting aid to same ; 
 
 56. Preventing the putting of anything prejudicial to healtli Preventing 
 in any stream or any body of water within the municipality or water supply 
 from which water is supplied for any purpose ; 
 
 57. Preventing the burial of the dead within the munici- R^g'^ja^JI^I^^ 
 pality ; 
 
 58. Building, erecting or buying or leasing, controlling ^i^d otter'wks 
 operating telephone plant, electric light and power plant, gas 
 
 and waterworks plant or purchasing stock in any incorporated 
 company carrying on or formed for the purpose of carrying on 
 any of the said businesses subject to the ratification of the 
 ratepayers ; 
 
 (a) For all purposes connected with the carrying on of 
 any of the above works the municipality is hereby 
 authorised t|o purchase any lands either within or 
 without the municipality and to enter into any con- 
 tract necessary for the proper "carrying on of said 
 businesses and generally to conduct said works and 
 businesses arising in connection therewith either by 
 the council or by commissioners or agents appointed 
 for 'the purpose, as fully and freely and with all the 
 powers and rights they would have if specially incor- 
 porated for the purpose of carrying on said business ; 
 
 (b) In case the municipality engage in any of the busi- 
 nesses heretofore referred to the council shall have 
 power to appoint by bylaw commissioners for the 
 purpose of carrying on such businesses or any of 
 them and all necessary contracts in connection there- 
 with may be done and performed in the name of 't(he 
 said commissioners who shall be called "electric light 
 commissioners," "^telephone commissioners" or as the 
 case may be and by that name shall have all the 
 powers for properly carrying on the business which 
 are herein granted to the municipality ; 
 
ROG 
 
 Licensing 
 pawnshops 
 
 Licensing 
 
 scavengers, 
 
 etc. 
 
 Jlcniova.] of 
 obstructions 
 
 Regulating 
 railways 
 
 Rognlating 
 railway train 
 
 Procedure 
 
 MUNIOtPAL 
 
 59. Licensing and regulating pawnshops, junk stores or 
 shops and second hand stores or shops and fixing the amount to 
 be paid for license for the same and the time such license shall 
 be in force ; 
 
 60. Eegulating and licensing scavengers and billposters and 
 preventing the pulling down or defacing of signboards or 
 written or printed notices lawfully affixed ; 
 
 61. Directing the removal of doorsteps, porches, railings or 
 other erections or obstructions projecting into or over any side- 
 walk, street or other public place at the expense of the pro- 
 prietor of the property connected with which such projections 
 are found and assessing said expense if not paid against said 
 lot or property ; 
 
 62. Sanctioning and permitting the track of any railroad, 
 street railway qt tramway to be laid in, on or along any street 
 or avenue of the municipality and to provide compensation for 
 any damage that may be done to the property on said streets 
 or avenues ; the amount of said damage if any to be settled in 
 the manner provided herein in regard to tjhe expropriation of 
 landj and to regulate the use of locomotive engines and pi 
 steam or other motor power on any or every portion of any 
 railroad within the municipality and to provide and regulate 
 the speed of cars upon any and every part of any railroad 
 within the municipality and to impose a penalty not exceeding 
 $500 for any breach of such bylaw; 
 
 63. Subject to the provisions of any Act of the Parliament 
 of Canada respecting railways, regulating the rate of speed of 
 railway trains and engines along or across any of the streets or 
 avenues of the municipality and preventing the obstructing of 
 any streets or avenues by leaving, keeping or allowing to stand 
 thereon any engine, train, car or cars or truck for a longer 
 
 ■ period than five minutes at a tim-e and preventing the loading 
 or unloading of any car or truck along side or from any street 
 crossing or sidewalk in the municipality and blowing of 
 whistles or ringing of bells while the engine is going along or 
 across any street or avenue except under conditions mentioned 
 in such bylaw and imposing a penalty for breach of such bylaw 
 not exceeding $500 ; 
 
 (a) In any proceedings taken for infraction of bylaws 
 passed under the two preceding subsections service of 
 necessary documents upon any resident employee of 
 ^the railroad shall be good service upon the owners of 
 the railroad and both the owners of the railroad and 
 the persons in charge of the engine, car, truck or 
 train shall be liable for the penalty provided in the 
 bylaw and proceedings may be taken against either 
 or both ; 
 
MUNICIPAL 807 
 
 64. Eegulating the sale of any articles used for food or Reguiatins; 
 
 1 . 1 T . ,7 . . . „ sale of food 
 
 drink and providing for inspection of same and for seizure and 
 forfeiture of articles offered or exposed for sale contrary 
 thereto ; 
 
 65. Authorising the mayor and secretary treasurer to sign light w^witer 
 any contract with any person or corporation to supply light or 
 
 water for the use of the corporation for any period not exceed- 
 ing five years ; 
 
 66. Appointing street and building inspectors and providing Removal 
 their duties and for providing for the summary removal of any buildings 
 pole or wire or other obstruction from the street or for the 
 pulling down or removal or closing to the use of the public of 
 
 any building or other erection within the municipality which 
 shall be deemed dangerous by such inspectors ; 
 
 67. Constructing through, over and above lands lying Drainage 
 beyond or outside of the limits of the municipality such drains 
 
 and sewers as may be deemed expedient to secure the proper 
 drainage of said municipality and the disposal of the sewage 
 thereof ; 
 
 68. Naming or numbering the streets or avenues and ^^™j"^ 
 changing the name and numbers of any of them of streets and 
 avenues now existing or hereafter laid out within the munici- 
 pality; 
 
 69. Authorising the building of fire walls and granting Fire waiia 
 bonuses for the same; 
 
 70. Acquiring any estate in landed property within or withr l^^^l^'p'^Jt?, 
 out the tovra. for obtaining gravel or for an industrial farm or |^^™^^°etc, 
 for a public park, garden or walk or for a place for exhibitidns 
 
 and for the disposal thereof when no longer required for the 
 purpose or when the council of the town may deem' it advisable 
 to dispose of the same; and for accepting and taking charge of 
 landed property within or without the town dedicated for a 
 public park, garden or walk for the use of the inhabitants of 
 the town; 
 
 71. The erection of buildings and fences for the purpose of Sinls.eto. 
 the farm, garden, walk or place for exhibitions as the council 
 
 deems necessary ; 
 
 72. The management of the farm, park,, garden, walk or ManaRement 
 place for exhibitions and buildings ; 
 
 73. Upon a petition of at least three-fourths in number of JXinfures to 
 the resident ratepayers entitled to vote on bylaws requiring the aid railways 
 assent of the electors and subject to ratification by a vote of 
 
 the electors as in the case of such bylaw, to subscribe for any 
 number of shares in the capital stock of any incorporated rail- 
 
808 
 
 MUNICIPAL 
 
 Closing 
 of shops 
 
 Restraining 
 running at 
 large of 
 animals 
 
 way or street railway in the construction or maintenance or 
 operation of which in, through or near the municipality, the 
 municipality is in the opinion of the municipal council intpr- 
 ested; and for issuing for the purpose debentures payable at 
 such times and for such sums respectively not less than $20 
 and bearing interest as the municipal council thinks meet,' 
 being not more than eigh't per cent. ; 
 
 74. The enforcement of closing at any specified hour of all 
 wholesale and retail shops, stores or other places where any 
 mercantile business is carried on, provided the council is 
 requested to do so by a petition signed by three-quarters of the 
 ratepayers of the municipality who are engaged in any such 
 ,line of business ; 
 
 75. Restraining and regulating the running at large or tres- 
 passing of any animals and for providing for distraining and 
 impounding them and for determining the compensation to be 
 allowed for carrying out the provisions of such bylaw and for 
 services rendered in respect to and sustenance supplied for 
 animals distrained or impounded; for appointing pound 
 keepers and providing sufficient yards, buildings and enclosures 
 for the saft, keeping of such animals as it may be the duty of 
 the pound keeper to impound; for appraising the damages to 
 be paid by the owners of animals impounded for trespassing 
 and (subject to the provisions hereinafter referred to) for( 
 providing for the sale of animals impounded in case they are 
 not claimed within a reasonable t^me or in case the damages, 
 costs and expenses are not paid : 
 
 Provided that in addition to any provision that may be con- 
 tained in any bylaw passed hy the council of any rural munici- 
 pality under this subsection the provisions of sections 26, 27, 
 28, 29 and 30 of The Pound District Ordinance or any provi- 
 sions that may be substituted therefor or enacted in amendment 
 thereof shall apply to and be observed in the case of any pro- 
 ceedings under such bylaw : 
 
 Provided hoivever that the sale of any impounded animal as 
 provided for in section 28 of The Pound District Ordinance 
 may he held at such place in the municipality as may be desig- 
 nated hy hylaiv; 
 
 76. Disposing of or devoting to some other municipal pur- 
 pose in luhole or in part any property acquired hy the munici- 
 pality fcr a specific purpose when such property is in the 
 opinion of the council no longer required or not required for the 
 time being for the purpose for which it luas originally acquired 
 or to which it lias been subsequently devoted; 
 
 Restricting 77. For defining localities or districts within the munici- 
 
 stabie pality within the limits of which no livery, boarding or feed 
 
 Disposition of 
 not required 
 property 
 
MUNICIPAL 809 
 
 stable shall thereafter he established. C. 0. YO, s. 95 ; 1900, c. 
 23, s. 2 ; 1901, c. 23, ss. 2 and 3 ; 1903, Sess. 1, c. 19, s. 2, and 
 1903, Sess. 2^ c. 22, s. 1. 
 
 96. In all cases in which in this Ordinance it is provided j^°^'j^p<'g''°.'^^°' 
 that the council may license any business, building, calling, 
 
 trade or occupation, or the keeper of any articles or animals for 
 use or hire, the council shall also have full power and authority 
 by bylaw to provide regulations in connection therewith and 
 governing the conduct of same and providing the manner of 
 collecting of such licenses and providing penalties for not 
 having such license and for breach of conditions on which such 
 licenses are issued and also for fixing fees to be charged for 
 such licenses and regulating the prices' or fees to be charged by 
 the holders of such licenses and providing for the collection or 
 payment of the same and generally for the protection of those 
 persons holding licenses. C. 0. 70, s. 96. 
 
 97. The imposing or collecting of license fees shall not in Liability for 
 
 r . a o (,„flj license 
 
 any case be held to prevent the assessing of property used by fees and taxes , 
 license holders in the same manner as other property and col- 
 lection of taxes thereon. C. 0. 70, s. 97. 
 
 98. Whe'n any municipal council has any authority to direct Mayjnforce^ 
 by bylaw or otherwise that any matter or thing shall be done oi defaulter 
 by any person or corporation such council may also by the 
 
 . same or ancther bylaw direct that in default of its being done 
 by the person or corporation such matter or thing shall be done 
 at the expense of the person or corporation in default and the 
 municipality may recover the expense thereof with costs by 
 action in any court of competent jurisdiction. 0. 0. 70, s. 98. 
 
 99. Every bylaw under this Ordinance shall be under the Paf^^ng 
 seal of the municipality and shall be signed by the chairman or trocedure 
 the person presiding at the meeting at which the bylaw is 
 finally passed and by the secretary treasurer of 'the munici- 
 pality ; and every such bylaw shall have three distinct and 
 separate readings before the same shall be finally passed but) 
 
 not more than two readings shall be had at any one meeting 
 except by the unanimous vote of the council present. C. 0. 70, 
 s. 99. 
 
 100. A copy of any bylaw written or printed without Prorfof 
 erasure or interlineation and under the seal of the municipality 
 certified to be a true copy by the secretary treasurer thereof 
 
 and by any member of the council shall be authentic and 
 
810 
 
 MUNICIPAL 
 
 received as prima facie evidence of the due execution and con- 
 tents thereof without further proof in any court of jusitice. 0. 
 0. 70, s. 100. 
 
 ap^iiclik.nto'' 101' In case no application to quash a bylaw is made.. 
 
 luash within two months next after the final passing thereof the. 
 
 bylaw shall notwithstanding any want of substance or form 
 either in the bylaw itself or in the time or manner of passing 
 the same be a valid bylaw. C. 0. 70, s. 101. 
 
 MAYOE OE EEEVE. 
 
 Duties of 
 mayor or 
 reeve 
 
 103. The mayor or reeve shall preside at all meetings of 
 the council, preserve order and enforce the rules of the council ; 
 sign jointly with the secretary treasurer all cheques ordered to 
 be issued by the council ; be vigilant and active at all times in 
 causing the bylaws of the municipality 'to be put in force and 
 duly executed ; inspect and report to the council on the conduct 
 of the officers of the municipality; cause as far as may be in 
 his power all negligence, carelessness or violation of duty to 
 be prosecuted and punished; communicate from time to time 
 to the council any information and make such recommendation 
 as will tend to the improvement of the- finances, health, secu- 
 rity and comfort of the municipality. C. 0. 70, s. 102. 
 
 Special 
 meetings 
 of council 
 
 Ratepayers' 
 meetings 
 
 103. The mayor or reeve shall call special meetings of the 
 council whenever requested so to do by a majority of the same 
 in writing and all the members thereof shall be duly notified 
 of the time and place of holding the same at least two day^ 
 previous to the holding thereof ; and he shall by public notice, 
 over his signature, conspicuously posted in at least ten places 
 (in the municipality call a public meeting of the ratepayers of 
 the municipality for the discussion of municipal affairs and 
 such meeting shall be held within the two weeks preceding the 
 date fixed for holding the annual election of councillors. C. 0. 
 70, s. 103. 
 
 Mayor or 
 reeve may 
 vote 
 
 Equality 
 o( votes 
 
 104. The mayor or reeve at any meeting of the council may 
 vote with the other members of the council on all questions; 
 and any question on which there is an equality of votes shall 
 be deemed "to be negatived. C. 0. 70, s. 104. 
 
 Absence of 
 
 mayor 
 
 Substitute 
 
 105. In the event of the absence of the mayor or reeve from 
 any meeting the council shall elect another from amongst them- 
 selves who shall have all the powers of the mayor or reeve at 
 such meeting. 0. O. 70, s. 105. 
 
MUNICIPAL g^l 
 
 VACANCY IN COUNCIL. LEAVE OF ABSENCE. 
 
 106. In case of the resignation, death or removal of any vacancy 
 member of a council or in the event of a vacancy occurring in ^''"'''*''"°" 
 the council from any cause whatsoever the council at its next 
 meeting shall order an election and the member so elected shall 
 
 hold office for the unexpired period of the member whose place 
 he was elected to fill. C. 0. 70, s. 106. 
 
 107. In the event of any member of a council refusine or Leave of 
 
 -, . ^ '^ o absence 
 
 neglecting to attend the meetings of the council for 'three 
 months his seat shall be declared vacant unless he shall have 
 received permission to absent himself from the council by a 
 majority vote of the same at a regular meeting of the council, 
 ,which permission shall in no case be for a longer period than 
 six months. C. O. 70, s. 107. 
 
 THE SBOBETAEY TEEASUBE:{. 
 
 108. The council shall by bylaw * * * appoint aAppointment 
 secretary treasurer who shall hold office during the pleasure of treasure r*"^^ 
 the council and the secretary treasurer may also he appointed 
 assessor. C. O. 70, s. 108 ; 1900, c. 23, s. 3, and 1902, c. 9, s. 6. 
 
 109. The secretary treasurer shall within one month a/^er secretary 
 entering on his duties furnish to the municipality security in furnish'bond 
 a penal sum to be named by the council for the true and faith- 
 ful performance of all the duties required of him by this Ordin- 
 ance and the said security shall be the guarantee bond of a 
 guarantee company authorised to do business in Canada. 0. 
 
 O. 70, s. 109, and 1901, c. 23, s. 4. 
 
 110. The secretary 'treasurer shall attend all meetings of Duties as 
 the council, truly record all resolutions, decisions and other 
 proceedings of the council and if required by the council shall 
 record the name of every member voting and whether aye or 
 
 nay on any question coming before the council ; he shall keep 
 the books, records and accounts of the council and shall pre- 
 serve and file all accounts acted upon by the council and shall 
 keep the original or certified copies of all bylaws of the council. 
 C. O. 70, s. 110. 
 
 111. The secretary treasurer shall collect and receive all JJ^^^^^^.^^ 
 moneys belonging or accruing to the municipality from what- 
 ever source and shall deposit the same to the credit of the muni- 
 cipality in any chartered bank designated by resolution of the 
 council. He shall conjointly with the mayor or reeve sign all 
 
812 MUNICIPAL 
 
 cheques on such bank ordered to be issued by the said council : 
 Provided that in case there is no branch of any chartered 
 bank situated within the municipality the council may direct 
 that any funds to the credit of the general fund of the munici- 
 pality may be cleposited to the credit of the municipality in 
 any private bank doing business! therein. C. 0. 70, s. 111. 
 
 AUDITOR. 
 
 beauSte""' 113. ISTo one shall be appointed as auditor vs^ho is or who 
 during the preceding year was a member of the council or 
 officer of the municipality or who had during such preceding 
 year either directly or indirectly a share or interest in any 
 contratit with or on behalf of the municipality except as 
 auditor. C. 0. 70, s. 112. 
 
 auditor"' 113. The auditor shall examine and report upon all" 
 
 accounts affecting the municipality or relating 'to any matter 
 under its control or within its jurisdiction for the year ending 
 on the thirty-first day of December preceding his appointment 
 and during the year for which he was appointed he shall at the 
 request of the council report from time to time on matters that 
 may be referred to him. C. 0. 70, s. 113. 
 
 prepare ''^°'" HI- The auditor shall prepare an abstract of the receipts, 
 statement expenditures, assets and liabilities of the municipality and also 
 a detailed statement of the said particulars in form as the 
 council may direct and shall make a special report of any 
 expenditure made contrary to law and shall deliver one copy of 
 such report to the mayor or reeve and one to the secretary 
 treasurer of the municipality and thereafter any inhabitant or 
 ratepayer of the municipality may inspect the said report and 
 may by himself or agent at his own expense take a copy thereof 
 or extract therefrom. 
 
 (2) The auditor shall forthwith transmit a copy of such 
 report 'to the Territorial treasurer. C. 0. 70, s. 114, and 1899, 
 c. 15, s. 1. 
 
 be'puMished' 115. The council of every municipality shall not later than 
 the fifteenth day of February in each year cause to be pub- 
 lished within the municipality a detailed copy of the auditor's 
 report required by section 113 hereof. C. 0. 70, s. 115. 
 
 account of 116- The council of every municipality shall provide for 
 
 treasurer *^^ audit of the accounts of the secretary treasurer at least 
 
 once in every three months during the current year and the 
 
MUNICIPAL 813 
 
 Lieutenant G-overnor in Council may on petition of one-fourth 
 of the number of the ratepayers of any municipality as shown 
 by the last revised assessment roll appoint anyone 'to make a 
 special audit of the accounts of any municipality ; the expenses 
 of such special audit shall be paid out of the general fund of 
 the municipality. C. O. 70, s. 116. 
 
 Part II!. 
 
 Assessment and Collection of Taxes. 
 
 PKOPEETY LIABLE TO TAXATION. 
 
 117. All municipal, local or direct taxes or rates shall Sf equitable 
 where no other express provision has been made in this respect 
 
 be levied equally upon the whole ratable property, real and 
 personal, and income, of the municipality according to the 
 assessed value of such property and income and not on any one 
 or more kinds of property in particular or in different propor- 
 tions. C. O. 70, s. 117. 
 
 118. All land and personal property and income in the jj^'^^we^ 
 Territories shall where no other express provision has been 
 made in this respect be liable to taxation subject to the exemp- 
 tions hereinafter mentioned. 
 
 (2) No person deriving an income from any source whatso- income 
 ever not declared exempt by this Ordinance shall be assessed 
 for a less sum as the amount of his net personal property than'i 
 the amount of such income during the year then last past in\ 
 excess of 'the amount of any exemption under this Ordinance 
 and such last year's income in excess of such exemption, if any,^ 
 shall he held to be his net personal property unless he has other 
 personal property liable to assessment in- which case such excess 
 and other personal property shall be added t&gether and consti- 
 tute his personal property liable to assessment. C. 0. 70, s. 
 118, and 1903, Sess. 1, c. 19, s. 3. 
 
 119. The real estate and personal property of all railway Railway 
 companies liable to assessment is to be considered as the pro- p^p^'''^ 
 party of ratepayers within the municipality. 0. 0. 70, s. 119. 
 
 130. Crown lands occupied whether under right of pur- crown lands 
 chase or homestead or preemption entry and unpatented lands 
 
814 MUNICIPAL 
 
 vested in or held by her Majesty which may be hereafter or 
 may have been heretofore sold or agreed to be sold to any 
 person or corporation or which may be located as a free grant 
 homestead or preemption shall be liable to taxation from the 
 date of such homestead or preemption entry, location, sale or 
 grant ; and all such lands shall be liable to taxation thencefor- 
 ward under this Ordinance in the same way as other land 
 whether any license of occupation, certificate of sale or receipt 
 for money paid on such sale has or has not been or is or is not 
 issued and in case of sale or agreement of sale by the Crovm 
 whether any payment has or has not been or is or is not made 
 thereon and whether any part of the purchase money is or is 
 not overdue ; but such taxation shall not in any way affect the 
 right of her Majesty in such lands. C. O. YO, s. 120. 
 
 EXEMPTIONS. 
 
 Exemptions 131. The following shall be exempted from taxation: 
 
 1. All property held hy his Majesty or for the public use of 
 the T(rritoriesj 
 
 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 other- 
 wise than in an official capacity such occupant or person inter- 
 ested shall ie assessed in respect thereof hut the property itself 
 shall not he liable beyond the interest of the person a<ssessed; 
 
 4. The lands, not exceeding one-half acre and the buildings 
 thereon of all public schools, universities, collegiate institutes 
 or incorporated seminaries being public property, so long as 
 such property is actually used or held for educational purposes ; 
 
 5. All property belonging to the municipality when held or 
 occupied or in the use of the corporation and the personal 
 property belonging to the same ; 
 
 C. Gaols, court houses and the necessary land attached 
 thereto ; 
 
 7. The books of every public library ; 
 
 8. The income of a farmer derived from his farm and the 
 income of merchants, mechanics and other persons derived 
 from capital liable to taxation ; 
 
 9. Household effects of every kind (except, in unlicensed 
 hotels and restaurants) , books and wearing apparel in use ; 
 
 10. The increase in the value of any land by reason of the 
 annual cultivation thereof, together with the growing crops ; 
 
MUNICIPAL 815 
 
 11. All works constructed, operated and used in connection 
 with irrigation ditches as well as the ditches themsolves oper- 
 ated under and subject to the provisions of The Norih-\\ est 
 Irrigation Act 1898: 
 
 Provided however that should any such works be not oper- 
 ated during any one year then said works and ditches shall 
 not be exempt from taxation during the year ; 
 
 ]^2. * * ■» * * -X- * * ^ -x- .V. -x- ^ 
 
 13. The annual income of any person derived from his per- 
 sonal earnings provided the same does not exceed $1,000 ; 
 
 14. Eental or other income derived from real estate except 
 interest on mortgages ; 
 
 15. A building used for church purposes and not used for 
 any other purpose for hire or reward and the lot or lota 
 whereon it stands not exceeding one-half acre except such part 
 as may have any other buildings thereon ; 
 
 16. Grain; 
 
 17. Buildings used hy any institution mentioned in the 
 schedule to The Hospitals Ordinance or added thereto wider 
 section 9 thereof for hospital purposes and not for any other 
 purpose for hire or reward and the lot or lots whereon ihcy 
 stand not exceeding two acres, except such part as may have 
 any other huildings thereon. 0. 0. 70, s. 121 ; 1899, c. 15, s. 
 1; 1900, c. 23. s. 4; 1903, Sess. 1, c. 18. s. 1. 
 
 133. The assessor or assessors shall prepare an assessment Duties of 
 roll after revision by the assessment committee as in form E in ^^^"^^"■'^ 
 the schedule to this Ordinance setting down in each column as 
 accurately as may be after diligent inquiry the information 
 called for by the heading thereof. C. 0. 70, s. 122. 
 
 ASSESSMENT. 
 
 133. The council of every municipality shall appoint the Assessment 
 
 ■^ committee 
 
 mayor or reeve, secretary treasurer and assessor or any two 
 others with the assessor who shall on completion of the asses- 
 sor's roll and before assessment notices are sent out check over 
 the assessment roll and make such corrections as the majority 
 of the committee may decide. 0. O. 70, s. 123. 
 
 134. Every assessor shall before delivery of his roll to the Assessor to 
 
 •J . . , . 1 T i Till notify parties 
 
 secretary treasurer of the municipality deliver to each taxabi assessed 
 person if residing in the municipality a notice setting forth 
 the sum at which his real and personal property and taxable 
 income is assessed or if such taxable person is not residiuij,' in 
 
the municipality shall mail said notice by registered letter 
 direct to such taxable person to the post office named in such 
 roll and shall enter on the roll opposite the name of such per- 
 son the date of such delivery or mailing and such entry shall 
 be deemed prima facie evidence of such delivery : 
 
 Provided that in rural municipalities the assessor shall 
 deliver such notice at the time of the assessment and if any cor- 
 rections or alterations are made by the assessment committee 
 che assessor shall deliver or send by registered letter a new 
 assessment notice showing the corrections or alterations so 
 made. C. 0. 70. s, 124. 
 
 assessment'* 135. The personal property of a partnership shall be 
 assessed against the firm at the usual place of business of the 
 partnership and a partner in his individual capacity shall not 
 be assessable for his share of any personal property of the 
 partnership which has already been assessed against the firm. 
 
 (2) If a partnership has more than one place of business 
 each branch shall be assessed as far as may be in the locality 
 where it is situate for that portion of the personal property of 
 the partnership which belongs to that particular branch. C. 0. 
 70, s. 125. 
 
 beS"™ '" 126. It shall be the duty of every person assessable for real 
 assessor ^^^ personal property or income in every mimicipality to give 
 
 all information to the assessor and he may deliver to the 
 assessor a statement in writing setting forth the particulars of 
 the propci ly for which he should be assessed but no such state- 
 ment shall bind the assessor or excuse him from making due 
 inquiry as to its correctness. C. O. 70, s. 126. 
 
 groTrid, farms. 13'''' In asscssing vacant ground or ground used as a farm, 
 gardens, etc. garden or nursery and not in immediate demand for building 
 purposes in towns the value of each parcel of vacant ground 
 shall be that at which sales of it can be reasonably expected 
 during the current year; the assessor shall value it as if held 
 for farming or gardening purposes with such percentage added 
 as the situation of the land may reasonably call for and such 
 vacant land whether surveyed into lots or not if unsold as 
 such may be entered on the assessment roll as so much of the 
 original lot or section as the case may be and where ground is 
 not held for purposes of sale biit hona fide inclosed and used in 
 connection with a residence or building as a paddock, garden, 
 park or lawn it shall be assessed at a sum which at six per 
 centum would yield a sum equal to the annual rental which in 
 the jvidgment of the assessor it is reasonably worth reference 
 being always had to its position and local advantages. 
 
MUNICIPAL 817 
 
 (2) Except in the case of mineral lands hereafter provided '^'"■"^ values 
 for land shall be estimated at its relative value as compared 
 
 with the balance of the land in the municipality : 
 
 Provided that no lands shall in a rural municipality be 
 assessed at a less valuation than $2 per acre. 
 
 (3) In estimating the value of mineral lands said lands and Mineral lands 
 the buildings thereon shall be valued and estimated at the 
 
 value of other lands in the neighbourhood for agricultural 
 purposes. 
 
 (4) In assessing stock in trade the assessor shall assess a stock in trade 
 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. 0. O. YO. s. 127. 
 
 138. Each assessor shall make and complete and deliver Date of 
 
 , ..,.. , completion of 
 
 his roll to the secretary treasurer of the municipality m cacn asaessment 
 year on or before the first day of May or such prior day as the 
 council may prescribe by bylaw with his affidavit thereto or 
 indorsed thereon made before a justice of the peace in the fol- 
 lowing form: 
 
 I, , do swear that I have in the within {or 
 
 annexed) assesmeut roll * * * assessed the municipality 
 of (or part as tJie case may be 
 
 vaming the part) according to law to the best of my skill and 
 ability, and without favour. 
 Sworn before me at 
 
 this day of A.D. 
 
 1 ' ; 
 
 J.P. 
 
 C. O. 70, s. 128, and 1901, c. 23, s. 5. 
 
 1 
 
 139. The council of any rural municipality may by resolu- ^^i^ntipauties 
 tion decide that an assessment may be used to strike rates ^g's'l^g^gnta 
 therefrom for three years consecutively and no longer : 
 
 Provided that in each year when a new assessment roll shall appeals 
 not be ordered the council shall by notice published in at least 
 one issue each week for three consecutive weeks of any news- 
 paper published within the municipality or if there be none 
 published therein any newspaper published nearest to the 
 municipality 'fix a date when the council shall sit as a court of 
 revision to hear appeals, to add to, strike off or alter the , 
 assessment roll of the last preceding year and such_ appeals 
 shall be lodged with the secretary treasurer of the said muni- 
 cipality within twenty-five days from' 'the date of the said 
 
 Assessor. 
 
S18 
 
 MUNICIPAL 
 
 notice and the proceedings for the trial of such appeals shall 
 be those hereinafter provided in section 135 of this Ordinance. 
 0. 0. 70, s. 129. 
 
 COURT OF EBVISION. 
 
 130. The mayor or reeve and council shall be the court of 
 revision of all municipalities and a majority thereof shall be a 
 quorum for the transaction of business. 0. O. 70, s. 130. 
 
 131. The secretary treasurer of the municipality shall be 
 the clerk of the court of revision and shall record all the pro- 
 ceedings thereof. 0. 0. 70, s. 131. 
 
 May adjourn 133. The court may meet and adjourn from time to time 
 and may be summoned to meet at any time by the mayor or 
 
 Completion of reeve of the municipality and all the duties of the court of 
 revision shall be completed before the first day of July in each 
 year. C. 0. 70, s. 132. 
 
 Court o( 
 rerieion 
 Quorum 
 
 Clerk of 
 
 dutiesi 
 
 Evidence 
 on oath 
 
 Nature of 
 complaints 
 to be tried 
 
 Proceedings 
 
 Notice of 
 appeal 
 
 133. All evidence before the court of revision shall be taken 
 on oath and any member shall be competent to administer the 
 oath to any person giving evidence before the court and the 
 clerk of the court may when required issue a summons to any 
 witness to attend such court and if any person so summoned as 
 a witness fails without good and sufficient reason to attend 
 (having been tendered compensation for his time at the rate of 
 $1 per day and mileage at the rate of ten cents per mile where 
 a railway is not available, or actual railway fare) he shall on 
 summary conviction thereof incur a penalty not exceeding 
 $50. C. 0. 70, s. 133. 
 
 134. The court shall try all complaints m regard to persons 
 wrongfully placed upon the roll or omitted therefrom or 
 as&essed too high or too low or in regard to any property of any 
 person which has been misdescribed or omitted from the roll or 
 in regard to any assessment which has not been performed in 
 accordance with the provisions and requirements of this 
 Ordinance as the case may be. C. 0. 70, s. 134. 
 
 135. The proceedings for the trial of complaints shall be as 
 follows : 
 
 1. Any person assessed within the mvinicipality who con- 
 siders himself aggrieved for any or all of the causes hereinafter 
 referred to may within twenty-one days after the time fixed, 
 for the return of the roll give notice in writing to the secretary 
 treasurer of the municipality that he considers himself so 
 aggrieved naming the complaints and the grounds of appeal 
 and upon what property ; 
 
MUNICIPAL 819 
 
 2. If any ratepayer within the municipality thiuics that any Appeal as to 
 person has been assessed too high or two low or has been wrong- 
 fully inserted in or omitted from the assessment roll or that the 
 property of any person hag been misdescribed or omitted from 
 
 the roll or that the assessment has not been performed in 
 accordance with the provisions and requirements of this Ordin- 
 ance the secretary treasurer shall on his request in writing 
 give notice to such person and the assessor of the time when 
 the matter will be tried by the court and the matter shall be 
 decided in the same manner as complaints by a person 
 assessed ; 
 
 3. The clerk of the court shall post up in some convenient List of appeals 
 place within the municipality a list of all complaints by per- keanng to be 
 sons on their own behalf against the assessor's return and of all 
 complaints on account of assessment or want of assessment of 
 
 other persons stating the names both of the complainant and of 
 
 the party complained against with a concise description of the Noaiteration 
 
 -, . , , 1 . , ,. , unless on 
 
 matter complained of together with an announcement of the complaint 
 time when the court will be held to hear the complaints; and 
 no alteration shall be made in the roll unless under a com- 
 plaint formally made according to the above provisions ; 
 
 4. If at any time before the first day of December it shall Omissions 
 
 111 .- 11 discovered 
 
 be discovered that the property or income of any taxable per- subsequently 
 son or part thereof has been omitted from the roll the secretary^ 
 treasurer shall notify such taxable person if he resides or has 
 a place of business within the municipality that at a meeting^ 
 of the council to be held at least six days after such notice an 
 application will be made to the said council to assess such 
 taxable property for such sum as may be deemed right and) 
 that such taxable person is required to attend such meeting to 
 show cause why the said taxable property should not be 
 assessed and as to the amount the same should be assessed for ; 
 
 5. If such taxable person does not reside or have a place of service ot 
 business in the municipality then such notice shall be posted " 
 
 by registered letter to the post office address of such person; 
 fifteen days before such meeting of the council ; 
 
 6. After such notices have been served or posted as afore- Assessment 
 said and after the expiration of the time mentioned therein or peJ^"^*^ 
 if fuch taxable person be not known then without any notice 
 
 the council may assess such taxable property and direct the 
 secretary treasurer to enter the same upon the proper tax roll 
 as they shall direct and the name of such taxable person if) 
 known : 
 
 Provided always that the provisions of sections 136, 13Y and 
 138 hereof as to appeal shall apply to any such assessment; 
 
820 
 
 MUNICIPAL 
 
 Entry on 
 tax roll 
 
 List of 
 complaints 
 for assessor 
 
 Notice to 
 parties in 
 appeal 
 
 Appearance 
 in person or 
 by agent 
 
 Hearing and 
 determinatioi: 
 
 Ex parte 
 proceeding 
 
 7. Immediately after such assessment shall be made as 
 aforesaid the secretary treasurer shall place the same on the tax 
 roll at the end thereof and shall rate the same of the same ratio 
 as the rest of the said roll and thereafter the same shall be col- 
 lectable in the same manner as the rest of the taxes ; 
 
 8. The secretary treasurer shall cause to be left at the resi- 
 dence of each assessor or addressed to each said assessor by 
 registered letter to his post office address a list of all com- 
 plaints respecting his roll; 
 
 9. The secretary treasurer shall also prepare a notice in the 
 form following for each person with respect to whom a com- 
 plaint has been made : 
 
 Take notice that you are required to attend the court of 
 revision for the municipality of at on 
 
 the day of in the matter of 
 
 the following appeal : appellant. That you are 
 
 assessed too high {or too low or not a hona fide resident or as 
 the case may he.) 
 
 {Signature) Secretary treasurer. 
 
 and every such notice shall be posted by a registered letter to 
 the post office address of such person as entered on the assessi 
 ment roll fifteen days before the sitting of the court unless 
 such person has a place of business within the municipality in 
 which case the secretary treasurer shall cause the said notice 
 to be served at such place of business at least six days before 
 the sitting of the said court ; 
 
 10. Persons complained against may appear before the court 
 in person or by agent ; 
 
 11. The court after hearing the complainant and the party 
 complained against and any evidence adduced, as well as the 
 assessor, shall determine the matter and confirm or amend thej 
 roll accordingly; 
 
 12. If either party fails to appear either in person or by 
 agent the council may proceed ex parte. C. O. 70, s. 135. 
 
 Revised roll 
 final subject 
 to appeal 
 
 136. The roll as finally passed by the court and certified by 
 the secretary treasurer as passed shall except in so far as thei 
 same may be further amended on appeal to a judge 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 notice required by subsections 4 
 and 5 of the foregoing section of this Ordinance or the omis- 
 sion to deliver or transmit such notice. C. 0. 70, s. 136. 
 
MUNICIPAL 821 
 
 APPEAL FKOM TIIJ3- COUET OF EBVISION. 
 
 137. An appeal to a judge sljall lie not only against the Appeals 
 decision of the court of revision on an appeal but also against! ° " ''^ 
 the omission, neglect or refusal of the said court to hear or 
 decide an appeal. C. O. 70, s. 137. 
 
 138. In all cases of appeals under the provisions of .the pre-^PP«*i. 
 
 -,. . . ^ ^ proceedings 
 
 ceding section the proceedings shall be as follows : 
 
 1. The person appealing shall in person or by agent servcj Notice of 
 upon the secretary treasurer of the municipality within eight,'^'"'** 
 days after the decision of the court of revision a written noticer 
 
 of his intention to appeal to a judge ; 
 
 2. The secretary treasurer shall immediately after the time f^asurCT to 
 limited for filing notice of appeals forward a list of the same not'fyJ"'^ge 
 to the judge usually exercising jurisdiction in the judicial dis- 
 trict of which such municipality forms a part or if such muni- 
 cipality forms part of more than one judicial district then to 
 
 the judge whose official .residence is nearest the municipality 
 and such judge shall fix a day for the hearing of such appeal; 
 
 3. The secretary treasurer shall thereupon give notice to all Notice to 
 
 ■^ _ . . parties 
 
 the parties appealed against in the same manner as is provided 
 for giving notice on a complaint to the court of revision but in 
 the event of failure by the secretary treasurer to have the 
 required service in any appeal made or to have the same madei 
 in proper time the judge may direct .service to be made for 
 some subsequent day upon which he may sit ; 
 
 4. The secretary treasurer of the municipality shall cause a ^"^^^^ jj^ j,,, 
 conspicuous notice to be posted up in his office or the place posted 
 where the council of the municipality holds its sittings contain- 
 ing the names of all the appellants and parties appealed against 
 
 with a brief statement of the ground or cause of appeal 
 together with the time and place at which a court will be held; 
 to hear appeals; 
 
 5. The secretary treasurer of the municipality shall be the cierk of cour 
 clerk of such court; 
 
 6. At the court so holden the judge shall hear th« appeals Hearing^and^ 
 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 ; 
 
 7. At the court to be holden by the judge to hear the appeals Production 
 hereinbefore provided for the person having charge of the ™e^dment 
 assessment roll passed by the court of revision shall appear and 
 produce such roll and all papers and writings in his custody 
 
822 
 
 MUNICIPAL 
 
 Judge's 
 powers 
 
 Title of 
 proceedings 
 
 Cost of 
 proceedings 
 
 Taxation 
 
 Decision final 
 
 connected with the matter of appeal and such roll shall be 
 altered and amended according- to the decision of the judge, if 
 then given, who shall write hjs initials opposite any part of the 
 said roll in which any mistake, error or omission is corrected 
 or supplied and if the decision iS not then given the secretary 
 treasurer of the municipality shall when the same is given 
 forthwith alter and amend the roll according to the same 
 and shjiU write his name opposite every such alteration or 
 correction ; 
 
 8. In all such proceedings the judge shall possess all such 
 powers for compelling the attendance of and for the examining 
 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 supreme court ; 
 
 9. All process or other proceedings in, about or by way of 
 appeal may be entitled as follows : 
 
 In the matter of appeal from the court of revision of th^ 
 municipality of 
 
 A.B., 
 
 Appellant, 
 and 
 
 CD., 
 
 Eespondent ; 
 
 10. The costs of any proceeding before the judge as afore- 
 said shall be paid by or apportioned between the parties in 
 such manner as the judge thinks proper ; and where costs ares 
 ordered to be paid by any party the same shall be enforced by. 
 execution to be issued as the judge may direct from the 
 supreme 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 court for such costs ; and in case where execution issues the 
 costs thereof as in the like court and of enforcing the same may 
 tdso be collected thereunder; 
 
 12. The decision and judgment of the judge shall be final 
 and conclusive in every case adjudicated upon and can only be 
 appealed from by a imanimous vote of the council. C O YO 
 s. 138. ■ ■ > 
 
 SINGLE TAX. 
 
 Single tax 
 
 139. The council of a municipality may by bylaw authorise 
 the levying and collecting of a rate or rates of so much on the 
 
MUNICIPAL 823 
 
 dollar based upon the actual value of all lands (without 
 improvements) in the municipality as the council deems suffi- 
 cient for the current year to raise the sum required in their 
 estimates but in no case shall the rate imposed exceed four, 
 cents on the dollar of the assessment in any one year including, 
 general, school, special and debenture rates. 0. 0. 70, s. 139. 
 
 140. The adoption of the preceding section by any muni- Optional 
 cipality shall be optional, -which must be decided by a two- 
 thirds majority of the members of the council ; or upon receipt 
 
 of a petition signed by one-half of the resident ratepayers of 
 the municipality the council shall adopt and carry into effect 
 the provisions of the preceding section. C. O. 70, s. 140. 
 
 141. This system of assesment shall become permanent ^^'""y"?"^ 
 after a petition signed by one-half of the resident ratepayers 
 
 has been presented for two years in succession. On a petition 
 signed by one-half of the resident ratepayers the trustees shall 
 direct the assessor to revert to the former system of taxation. 
 C. O. 70, s. 141. 
 
 ESTIMATES. 
 
 143. The council of every municipality shall every year EBtimates 
 on or before the fifteenth day of July make estimates of all 
 sums which may be required for the lawful purposes of the 
 municipality for the year or that part thereof for which sums 
 are required to be levied making due allowance for the cost of 
 collection and abatement, and losses which may occur in the col- 
 lection of the taxes on the lands of nonresidents. C. 0. 70, s. 
 142. 
 
 BATES. 
 
 143. The council of the municipality shall pass a bylaw Rates 
 authorising the levying and collecting of a rate or rates of so 
 much in the dollar of the assessed value of the property therein 
 
 as the council deems sufficient to, raise the sum required in 
 such estimates including improvement tax, general fund, local 
 fund and school rates together with interest on the debt and' 
 sinking fund and shall not exceed two and a half cen'ts on the 
 dollar except as provided for in section 139 hereof. C. 0. 70, 
 s. 143. 
 
 144. The secretary treasurer shall on or before the first dayTaxroii 
 of September in each year prepare a tax roll containing 
 columns for all information required by this Ordinance to be 
 entered therein in which he shall set down in full the name of ' 
 every person assessed, his post office address and the assessed 
 
824 
 
 MUNICIPAL 
 
 Taxes due 
 1st January 
 
 Tax notice 
 
 Seizure may 
 be made 
 
 value of his real and personal property and taxable income as 
 ascertained from the assessment roll as finally revised ; he shall, 
 calculate and set down opposite each such entry in column^ 
 headed "General fund," "Debenture fund," "School fund," 
 "Statute labour fund" as the case may be, the sum for which 
 such person or property is chargeable on account of each rate 
 and under the column , headed "Arrears of taxes" the sum 
 which may appear on the books of the municipality as arrears 
 on such parcel of land at that date ; and in the column headed 
 "Total" the total amount of taxes for which each parcel of 
 land is liable. C. O. 70, s. 144. 
 
 145. All taxes shall be considered to be due on the first day 
 of January of the year in which the same are levied. C. 0. 
 70, s. 145. 
 
 146. The secretary treasurer shall on or before the first day 
 of October in each year, transmit by mail a notice containing 
 a statement and demand of taxes to each person whose name 
 appears on said roll or to the agent of such person whose 
 address has been transmitted to him and such statement andi 
 demand shall state the time such taxes are required to be paid 
 and dates on which any reductions and penalties authorised by 
 the council shall be allowed or charged as the case may be ; 
 and the secretary treasurer shall enter the date of mailing 
 such notice in said tax roll opposite the name of the persont 
 taxed and such entry shall be prima facie evidence of the mail- 
 ing of such notice and demand. C. O. 70, s. 146. 
 
 147. In case any person neglects to pay his taxes for thirty 
 days after such demand as aforesaid the secretary treasurer 
 may by himself or his agent levy the same with costs by dis- 
 tress of the goods and chattels of the person who ought to pay 
 the same or of any goods or chattels in his possession wherever 
 the same may be found within the municipality or of any 
 goods or chattels found on the premises the property of or in 
 the possession of any other occupant of the premises and may 
 impound the same on the premises where distrained and no 
 claim of property, lien or privilege shall be available to pre- 
 vent the sale or the payment of the taxes and costs out of the 
 proceeds of sale thereof ; but any such distraint shall be made 
 on or before the 30th day of December in each year. 0. O. 70, 
 147. 
 
 148. In case any person neglects or refuses to pay any 
 
 ■ income tax when demanded by the secretary treasurer the 
 
 secretary treasurer shall then demand from the employer or 
 
MUNICIPAL 825 
 
 employers of the person so neglecting or refusing the amount 
 due for such income tax and the person paying the same shall 
 deduct the amount so paid from the salary or wages due the 
 person so neglecting or refusing and the said employer or 
 employers are hereby rendered liable for the amount or 
 amounts demanded by the secretary treasurer if they fail to 
 deduct the same from the salary or wages due to the person 
 employed. C. O. 70, s. 148. 
 
 149. The secretary treasurer shall by advertisement over Notice of sale 
 his hand posted up at three public places within the munici- 
 
 jjality within which the sale of goods and chattels distrained is 
 to be made give at least six days public notice of the time and 
 place of such sale and of the land on which the same was dis- 
 trained; and at the time named in the notice the secretary 
 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 including costs and charges allowed by this 
 Ordinance. C. O. 70, s. 149. 
 
 150. If the property distrained has been sold for more than Disposal 
 the amount of taxes and costs and if no claim for the surplus 
 
 has been made by any other person on the ground that the prop; 
 erty sold belonged to him or that he was entitled by lien or, 
 right to the surplus such surplus shall be returned to the person 
 in whose possession the said property was when the distress 
 was made or if such claim be made by the person for whose 
 taxes the property was distrained and the claim is admitted 
 the surplus shall be paid to the claimant. C. O. 70, s. 150. 
 
 151. If the claim is contested such surplus money shall be Jy^^^f^"* 
 paid into the general fund of the municipality and shall bej ™rph,8^heid 
 retained until the respective rights of the parties have beem 
 determined by action at law or by arbitration as provided in 
 
 this Ordinance. C. O. 70, s. 151. 
 
 153. Taxes may be recovered with interest and costs as aiTaxes^^ 
 debt due to the municipality in which case the production of as a debt 
 a copy of so much of the tax roll as relates to the taxes payable 
 by such person purporting to be certified as a true copy by the 
 secretary treasurer of the municipality shall be prima facie Evidence 
 evidence of the debt. C. O. 70, s. 152. 
 
 153. The costs chargeable for distress and sale shall be a^ costs allowed 
 follows : 
 
826 MUNICIPAL 
 
 Mileage going to and returning from place of seizure 
 
 each mile necessarily travelled $0 10 
 
 Seizure 1 00 
 
 Taking care of property, the sum actually disbursed not 
 exceeding $1.60 per day 
 
 Notices of sale and posting up 1 00 
 
 For selling, 5 per cent, of the amount realised not i 
 
 exceeding the amount of the taxes. C. O. 70, s. 153. 
 
 statement of 154. On or before the tenth day of January in each year 
 
 1iclX6S collected -1 • 1 I 
 
 and in arrear the secretary treasurer shall make a return showing the total 
 
 amount of taxes collected on the tax roll of the preceding year 
 
 specifying the separate amounts that should be credited to the 
 
 different funds for which a rate had been ordered to be struck 
 
 by the council also an abstract of the tax roll shj.vin^^- the 
 
 names and addresses of all persons whose taxes have not been 
 
 paid and the total amount due for each parcel of land assessed 
 
 to each such delinquent and he shall submit such return to the 
 
 council at its first meeting thereafter and shall verify such 
 
 return by the following declaration: 
 
 Declaration I^ ^ Secretary treasurer of the municipality 
 
 treasurer of do Solemnly declare as follows : 
 
 1st. That the return herewith submitted contains a true 
 statement of the taxes collected by me on the tax roll of the 
 year; 
 
 2nd. That I have deposited the sums so collected in the 
 bank as directed by resolution of the council ; 
 3rd. That I have made diligent inquiry and have been 
 unable to discover within the limits of' the municipality suffi- 
 cient goods or chattels belonging to or in the possession of the 
 persons charged with or liable to pay any sums that appear in 
 the list of unpaid taxes herewith submitted whereon I could 
 levy any part of the taxes due. 
 
 And I make this solemn declaration conscientiously believ- 
 ing it to be true and knowing that it is of the same force and 
 effect as if made under oath and by virtue of The Canada Evi- 
 dence Act 1893. 
 
 Declared before me at the day 
 
 of I.e. O. YO, s. 154. 
 
 tobe^pioTide'd 155- The coimcil of every municipality shall provide a 
 book suitably ruled to be called the tax register in which shall 
 be kept a list of all lands in arrears for taxes and the amount 
 of such arrears and an official receipt book from which the 
 secretary treasurer shall issue a receipt for every sum of money 
 
MUNICIPAL 
 
 827 
 
 received by iiim on account of arrears of taxes and the secre- 
 tary treasurer shall note on the stub of each receipt the name 
 o± the person making payment, the amount paid and date of 
 payment. C. O. 70, s. 155. 
 
 156. As soon as possible after the first day of January in f "«*« "f 
 each year the secretary treasurer shall add any unpaid taxes '*''*' 
 (not including any arrears that may have been included in the 
 
 total) that may appear on the tax roll of the preceding year 
 against any piece of land to the arrears of taxes already 
 charged in the tax register and also six per centum on the whole 
 amount then due : 
 
 Provided that in case any land shall have been advertised Proviso 
 for sale but for any reason has not been sold the proportionate 
 cost of advertising authorised by section 183 of this Ordinance 
 shall be included as part of the arrears chargeable to such land. 
 C. 0. 70, s. 156. 
 
 157. The secretary treasurer shall not be required to keep Arrears to be 
 a separate account of the several distinct rates M^hich may be one "um "' 
 charged on lands but all arrears from whatever arising shall 
 
 be taken together and form one charge on the land. C. O. 70, 
 s. 157. 
 
 158. The secretary treasurer of any municipality shall not Payment of 
 receive any part of the arrears charged against any parcel of amount'or'* 
 land less than the taxes for one year thereon with accrued 
 interest but if satisfactory proof is adduced to the secretary 
 treasurer that any parcel of land on which taxes are due has 
 
 been subdivided he may receive the proportionate amount of 
 tax chargeable upon any of the subdivisions and leave the other 
 subdivision or subdivisions chargeable with "the remainder; 
 and the secretary treasurer may in his books divide any piece 
 or parcel of land which has been returned to him in arrears of 
 taxes into as many parts as the necessities of the case may 
 .equire. C. O. 70, s. 158. 
 
 159. In case the secretary treasurer fails or omits to collect Substitute 
 the taxes or any portion thereof by the day appointed the appointed 
 council of the municipality may by resolution authorise some treasurer 
 other person in his stead to continue the levy and collection of 
 
 the unpaid taxes in the manner and with the powers provided 
 by law for the general levy and collection of taxes. C. 0. 70, 
 s. 159. 
 
 160. The secretary treasurer shall in addition to the salary secretary 
 allowed him by the council be entitled to receive a commission commissibn 
 
828 
 
 MUNICIPAL 
 
 Books 
 Manner of 
 keeping 
 
 of 21/^ per cent, on all moneys paid him on account of arrears 
 of taxes that have not been paid before the return under section 
 154 hereof for the year in which they became due has been 
 made which shall be collected from the party paying the 
 arrears of taxes at the time; and the said commission shall 
 not apply or be chargeable where lands may be advertised for 
 sale or sold by him for arrears of taxes. C. O. 70, s. 160. 
 
 I 
 
 i 
 
 161. The secretary treasurer shall keep regular books of 
 accounts in such manner as may be directed from time to time 
 by the council and shall show faithfully all moneys received 
 and how expended having each item posted in the ledger to the 
 separate accounts of receipt and expenditure as agreed upon 
 by the council in making their estimates for the year or as 
 directed by the council and he shall exact and retain vouchers 
 for all moneys paid and he shall prepare and submit to the 
 council at least once in every month a correct statement of thci 
 moneys received and for what paid out and the balance at the, 
 credit of the municipality. C. 0. 70, s. 161. 
 
 trTasurCTshaii 1^^* The Secretary treasurer shall at least once in each 
 depositux^e*^ month apportion all taxes collected by him whether received, 
 from the tax roll of the current year or the tax register ; and 
 he shall credit each account in his book with the respective 
 amount collected and forthwith deposit the total amount col- 
 lected as required by section 111 of this Ordinance. C. O. YO, 
 s. 162. 
 
 freMurer to 163. The Secretary treasurer shall on demand give to the 
 of areears™^"*^ ^^^®'- ^^ ^^^ ^^^'^ charged with arrears of taxes a written 
 statement of the arrears at that date certified under his hand 
 and he may charge twenty cents for the search on each separate 
 lot or parcel not exceeding four and for every additional ten 
 lots or parcels a fee of twenty cents. C. O. YO, s. 163. 
 
 Disposal of 
 sinliing fund 
 
 Diversion 
 from proper 
 account 
 
 164. It shall be the duty of the secretary treasurer to see 
 that moneys collected under bylaw for the purpose of payment 
 of interest on debentures issued by the municipality or pro- 
 viding for a sinking fund for the same are properly applied. 
 
 (2) In the event of the council of any municipality divert- 
 ing any of said moneys for such current or other expenditures 
 ^ave as aforesaid the members who vote for the diverting of - 
 such moneys shall be personally liable for the amount so 
 diverted and said amount may be recovered in any court of 
 competent jurisdiction ; and the members who may have voted 
 for the same shall be disqualified for holding any mimicipal 
 ofiice for the period of two years. C. O. YO, s. 164. 
 
MUNICIPAL 829 
 
 POLL TAX. 
 
 165. Except members of her Maiesty's naval or military P"" tax 
 
 j; j; n , , . , «'> Exceptions 
 
 torce on ±uli pay or on actual service or of the North-West 
 Mounted Police force or of a fire company duly organised by 
 bylaw of the municipality every male inhabitant of a town 
 municipality of the age of twenty-one years and upwards who 
 has resided in the said town for a period of two months or 
 more and has not been assessed on the assessment roll of the 
 municipality shall be taxed at $2 yearly. 
 
 (2) Persons residing within two miles of a town munici^ 
 pality who have a place of business therein and whose names 
 are not on the assessment roll or who receive employment and 
 are paid wages or salary therein are hereby liable to pay poll 
 uax subject to the provisions of this Ordinance. C. 0. 70, a 
 165. 
 
 166. Any person liable to pay taxes imposed by the next CoiiecUon o( 
 preceding section shall pay the same to a collector appointed 
 
 by bylaw of the council of the municipality to collect the same, 
 within three days after the demand thereof by the said col- 
 lector ; and in case of neglect or refusal to pay the same within 
 such time the said collector may levy the same by distress and 
 sale of the goods and chattels of the defaulter with costs of the 
 distress and sale: 
 
 Provided that in case any person neglects or refuses to pay Demand from 
 the poll tax when demanded by the collector the collector shall 
 then demand from the employer or employers of the person so 
 neglecting or refusing, the amount due for such poll tax and 
 the person paying the same shall deduct the same so paid from 
 the salary or wages due to the person so neglecting or refusing 
 and the said employer or employers are hereby rendered liable 
 for the amount or amounts demanded by the collector if they 
 fail to deduct the same from the salary or wages due to the 
 person employed. C. O. 70, s. 166. 
 
 SCHOOL TAXES. 
 
 167. The trustees of any school district, any portion of collection of 
 
 - . T 1 J 4? +1, school rate 
 
 which is situated within a municipality, may demand ot ttie 
 council of the municipality that the amount for which the 
 school district or the part thereof situated within the munlci- 
 oalitv is liable for school purposes shall be imposed and coV 
 lected by the municipality and the land and other property of 
 persons liable for such amounts shall be assessed and the same 
 shall be collected as other rates by the municipality. 0. O. 70, 
 s. 167. 
 
830 
 
 MUNICIPAL 
 
 Deficiency in 168. If the amount collected falls short of the sum required 
 the council may direct the deficiency to be made up from any 
 fund belonging to the municipality except sinking funds to 
 retire debentures. 0. 0. 70, s. 168. 
 
 How supplied 169. jf ^Yieve be no unappropriated funds the deficiency 
 may be deducted from the sums estimated as required or from 
 any one or more of them but not from the estimates supplied 
 by the school trustees. 0. O. TO, s. 169. 
 
 Surplus ITO. Should the amount collected exceed the estimates the 
 
 sum in excess shall be paid over to the treasurer of the school 
 board. C. O. 70, s. 170. 
 
 Surplus of 
 special tax 
 
 171. In cases where the amount collected has been on 
 account of some special purpose and is not required for such 
 purpose it shall also form part of the general fund of thfe muni- 
 cipality. C. 0. 70, s. 171. 
 
 EGAD OVBESBERS AND STATUTE LABOUR. 
 
 Road 
 overseer's 
 
 lisla 
 
 173. In the event of the municipal council failing to collect 
 a statute labour tax as hereinafter provided the secretary 
 treasurer of every rural municipality shall within one week 
 after the final revision of the assessment roll deliver to the 
 road overseer or road overseers appointed by the council a list 
 of all parties assessed and liable for statute labour within their 
 respective divisions and the amount of statiite labour for which 
 each of such parties is liable. C. 0. 70, s. 172. 
 
 Duties of road 
 overseer 
 
 173. It shall be the duty of the road overseer so soon there- 
 after as convenient after having received from the secretary 
 treasurer of the municipality a list of parties liable for the 
 performance of statute labour to notify and require them 
 respectively to meet him at a certain time and place to perform 
 the labour imposed upon them by the council but no person 
 shall be compelled to do statute labour further than four miles 
 from his home. C. 0. 70, s. 173. 
 
 Labour, how 
 performed 
 
 174. AH statute labour imposed by this Ordinance shall be 
 performed under the direction of the road overseer who shall 
 be liable to the council for the due performance of the same 
 and shall report to the council any refusal or neglect of parties 
 assessed to perform the labour imposed upon them. 0. O. 70, 
 s. 174. 
 
MUNICIPAL 831 
 
 175. All statute labour to be done xinder this Ordinance Labour, where 
 shall be performed on the public roads of the municipality or "'^'^ ™'"'^ 
 
 on the bridges, drains or ditches therein to benefit and improve 
 the same or as may be determined by the council. G. O. 70, s. 
 175. 
 
 176. Every person assessed upon the assessment roll of a Amount due 
 rural municipality shall be liable to perform two days' statute person 
 labour for each quarter section of land for which he is assessed 
 
 and in any portion of a rural municipality divided into lots 
 every person assessed shall, if his property be assessed at not 
 more than $300, be liable to perform one day's statute labour 
 and for every $500 or part thereof in excess of said sum, an 
 additional day's statute labour and every male inhabitant of a 
 rural municipality of the age of tvpenty-one years or upwards 
 and under the age of sixty years whose name is not on the last 
 revised assessment roll shall be liable to one day's statute Proviso 
 labour, provided that he shall have resided in such munici- 
 pality for not less than two months. C. O. 70, s. 176. 
 
 177. Every person liable to statute labour as hereinbefore Labour 
 provided who refuses or neglects to perform the statute labour commuted 
 for which he is liable when ordered to do so by the overseer collectable as 
 shall be deemed to have commuted the same at the rate of 
 
 $1.25 per day and the amount of the commutation shall be a 
 charge and shall be collectable against real property, goods and 
 chattels as other rates. C. O. 70, s. 177. 
 
 178. The council of any rural municipality may by tylaw Couj^cii^ may 
 commute the statute labour of any person or persons resident for a term 
 within the municipality with regard to any certain specified 
 property for a term of years in consideration of statute labour 
 
 to be performed in any one year. 0. O. 70, s. 178. 
 
 179. Any person liable to pay any sum for statute labour Penalty for 
 
 ■^ r 1 ./ .V nonpaymentor 
 
 commuted as aforesaid shall pay the same to the collector commutation 
 appointed to collect the same withm seven days alter the 
 demand thereof by the said collector and, in case of neglect or 
 refusal to pay the same, the collector may levy the same by 
 distress and sale of the goods and chattels of the defaulter, wi'th 
 costs of the distress and sale, and if no sufficient distress can 
 be found then upon summary conviction before a justice of the 
 peace of his refusal or neglect to pay the said sum and of there 
 being no sufficient distress and in default of payment at such 
 time as the convicting justice may order, such defaulter shall 
 be committed to the lock up house of the municipality or to the 
 nearest common gaol and be there put to hard labour for any 
 
832 
 
 MUNICIPAL 
 
 May 
 
 substitute 
 money tax 
 
 time not exceeding ten days unless such penalty and costs and 
 the costs of the warrant of committment and of conveying the 
 said person to gaol be sooner paid. C. 0. 70, s. 179. 
 
 180. Any municipality may by bylaw provide that instead 
 of statute labour as herein provided a special tax to be called 
 the statute labour tax may be collected not exceeding $1.25 
 per day for each day for which any person is liable under 
 section 176 of this Ordinance. C. 0. 70. s. 180. 
 
 Persons liable 
 must notify 
 overseer of 
 intention to 
 commute 
 
 181. Every other person liable for the performance of 
 statute labour under this Ordinance shall within fourteen days 
 after the final revision of the assessment roll notify the secre- 
 tary treasurer of the municipality in writing of his intention 
 to commute the same by the payment as hereinbefore provided 
 or failing so to do he shall be bound to perform the amount of 
 statute labour imposed upon him as the road overseer may 
 direct but he shall not be compelled to go further from his 
 home than four miles to do said labour. C. O. 70, s. 181. 
 
 Part IV. 
 
 Sale of Land for Taxes. 
 
 ADVERTISEMENT AND SALE. 
 
 LiRt of lands 
 in arrear 
 Warrant for 
 sale of 
 
 Co^ts to be 
 added and 
 notice 
 published 
 
 183. Whenever any portion of taxes on any land has been 
 due for two years the secretary treasurer shall submit to the 
 mayor or reeve as the case may be a list of all the lands in his 
 books on which taxes are so due mth the amount of arrears 
 against each lot set opposite to the same and the mayor or reeve 
 shall authenticate such list by affixing thereto the seal of the 
 corporation and his signature and shall return such list to the 
 secretary treasurer with a warrant thereto annexed under his 
 hand and the seal of the mimicipality commanding him to levy 
 upon the land for the arrears due thereon with costs and the 
 said secretary treasurer is hereby authorised to sell the same. 
 C, 0. 70, s. 182. 
 
 183. The secretary treasurer shall prepare a copy of the list 
 of lands to be sold as authorised by this Ordinance and shall 
 include therein in a separate column a statement of the pro- 
 portion of costs chargeable on each lot for advertising and the 
 
MUNICIPAL 
 
 833 
 
 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 municipality and, if there is no newspaper published 
 therein, then m the newspaper published nearest to the muni- 
 cipality; and for the next following five consecutive weekly 
 issues of said newspaper preceding the day of sale therein 
 named shall publish a notice therein in form following : 
 
 Sale of lands in the {fill in proper title) for arrears of taxes. 
 _ Notice is hereby given that certain lands in the {fill m proper 
 title) will be offered for sale for arrears of taxes {stating the 
 day, time and place ivhere and when the said lands are to he 
 sold and the dates of the issues of said newspaper in which p, 
 full list of said lands may he found). 
 
 and shall also publish a similar notice in The North-West Ter- 
 ritories Gazette during the said nine weeks. C. 0. 70, s. 183. 
 
 184. The advertisement shall contain a notification that Advertise- 
 unless the arrears of taxes and costs are sooner paid the secre-™''"^'™"'^''^' 
 tary treasurer will proceed to sell the lands for taxes on the 
 
 day and at the place mentioned in the advertisement. C. O. ' 
 
 70, s. 184. 
 
 185. Every such notice shall specify the place, day and Advertise- 
 hour at which the sale shall commence and each lot or parcel ™*'"'' °°"'^"" 
 of land shall be designated therein by a reasonable descrip- 
 tion for registration purposes. C. O. 70, s. 185. 
 
 186. All the lots liable for sale in the municipality shall be Lands on.itted 
 included in the same statement and notice but any neglect or later 
 omission to include any lands liable for sale in said list shall 
 
 not be held to invalidate the sale or prevent the sale of such 
 omitted land on any future occasion for all arrears of taxes 
 that may be due thereon. C. O. 70, s. 186. 
 
 187. The day of sale shall not be more than forty days Date of sale 
 after the last publication as hereinbefore provided and the sale 
 
 shall take place at such place in the municipality as the council 
 shall from time to time by resolution appoint and, in the 
 absence of such appointment, at such place in the municipality 
 as the secretary treasurer in his said notice shall name. C. 0. 
 70, s. 187. 
 
 188. The secretary treasurer may adiourn the sale from Saie may be 
 
 .111 1 IT , 1 n adjourned 
 
 time to time provided always that no such adjournment shall 
 be for a period exceeding fifteen days. C. O. 70, s. 188. 
 
834 
 
 MUliriCtfAL 
 
 Proceedings 
 at sale 
 
 189. At the place, day and hour appointed for the sale of 
 lands (if the taxes thereon including costs and charges have not 
 previously been paid) the secretary treasurer shall oflFer the 
 lands for sale by public auction and in so doing shall make and 
 declare the amounts stated in the list as the taxes due with his 
 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 willing to take it at 
 the upset price, there being no higher bidder, but subject to 
 redemption as hereinafter provided for. 0. O. 70, s. 189. 
 
 Sale to 190. If no bidder appears for any land for the full amount 
 
 municipality ^-^ "^ 
 
 of arrears of taxes, costs and charges the secretary treasurer 
 shall there and then sell the same to the municipality at the 
 upset price. CO. 70, s. 190'. 
 
 Payment of 191. If the land sells for a greater sum than the taxes due 
 
 purchase . ° i i m i i. 
 
 money together with all charges thereon the purchaser shall only be 
 
 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- 
 tion of the said land shall have expired without the same 
 having been redeemed within the time limited and if the said 
 balance of purchase money shall not be so paid by the pur- 
 chaser, 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 conveyance thereof as well as to the amount paid 
 at the time of sale and such land shall thereupon cease to be 
 affected by said sale. C. O. 70, s. 191. 
 
 Purchaser 193. If the purchaser of any parcel of land fails imme- 
 
 failing to pay, f' '' ^ ,. • i 
 
 resale diately to pay the secretary treasurer on account of said pur- 
 
 chase the amount claimed for arrears of taxes and charges the 
 treasurer shall forthwith again put the property up for sale. 
 C. 0. 70, s. 192. 
 
 Certificate 
 to purchaser 
 
 193. The secretary treasurer after selling any land for 
 taxes shall give 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 secretary treasurer on his or their demand 
 within one month after the expiration of one year from the 
 date of the certificate if the land be not previously redeemed 
 and upon payment of the balance of the purchase money if any 
 remains unpaid and upon payment of $2 for said transfer. 
 C. 0. 70, s. 193. 
 
MUNICIPAL 835 
 
 194. The purchaser shall on receipt of the secretary treas- rights*"*'"'" 
 Tirer's certificate of sale become the owner of the land so far as 
 
 to have all necessary rights and powers for protecting the same 
 from spoliation and waste until the expiration of the term 
 during which the lands may be redeemed. 0. O. 70, s. 194. 
 
 195. A statement of the lands so sold for arrears of taxes List?''^"^ f 
 
 . , , sold to be kept 
 
 with the names of the respective purchasers, the date of sale, '°'' ^"^^p^""™ 
 
 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 secretary treasurer in duplicate 
 
 and one copy shall be kept by the secretary treasurer and the 
 
 other delivered to the mayor or reeve 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. 0. O. 
 
 70, s. 195. 
 
 KEDEMPTiOW. 
 
 196. The owner of any land which may hereafter be sold ^f^jan^l's'™ 
 for taxes or his heirs, executors, administrators or assigns or 
 
 any other person on his or their behalf but in his name only 
 may at any time within one year from the date of sale exclu- 
 sive of that date redeem the real estate sold by paying to the 
 secretary 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 cent, thereon and any 
 further sum which shall have been levied against said land and, 
 paid by the purchaser before date of redemption and the secre- 
 tary treasurer shall give the party paying such redemption 
 money a receipt stating the sum paid and the objects thereof 
 and such receipt shall be evidence of the redemption. 0. O. 
 70, s. 196. 
 
 197. For the purpose of this Ordinance the day of sale shall Date of 
 be the day on which the sale was advertised to take place with- 
 out reference to any adjournment or adjournments and all 
 certificates shall be dated as of that day. C. 0. 70, s. 197. 
 
 198. From the time of payment to the secretary treasurer purchaser's 
 
 ... • J 1, it, • riehts cease on 
 
 of the full amount of redemption money required by this redemption 
 Ordinance all rights and interests of the purchaser shall cease. 
 C. 0. 70, s. 198. 
 
 199. Whenever such redemption is effected by a person not R|<;«jjpt^>^^e"^ 
 specially authorised the secretary treasurer shall mention in t^ie g pS|or ^. 
 receipt given by him for the redemption money the name and 
 
s-id 
 
 MuNlClPAt 
 
 Notice to 
 purchiteer 
 
 designation of the person i)aying the same and the name of the 
 person on whose behalf the payment is made and every redemp- 
 tion receipt shall be made out in duplicate ; one copy shall be 
 given to the person paying the redemption money and one shall 
 remain on file in the office of the secretary treasurer. 0. 0. 
 70, s.. 199. 
 
 300. The secretary treasurer shall also immediately after 
 the redemption of any land give notice by registered letter to 
 the party appearing by his books to be the purchaser of the 
 same apprising him of the fact of such redemption and of the 
 amount of money paid in for such purpose. C. O. TO, s. 200. 
 
 TRANSFER ON NONBEDEMPTION. 
 
 On non- 
 redemption 
 transfer may 
 issue 
 
 201. If the land be not redeemed within the period allowed 
 by this Ordinance then on demand of the purchaser, his heirs 
 or assigns or other legal representatives at any time within one 
 month after the expiration of the time limited for the redemp- 
 tion upon payment of the balance of purchase money as afore- 
 said and of the further sum of $2 the secretary treasurer shall 
 prepare and execute and deliver to him or them a transfer of 
 the land sold provided that any land sold to the municipality 
 under the provisions of this Ordinance as hereinbefore pro- 
 vided shall be transferred to the municipality by the secretary 
 treasurer of the municipality immediately on the expiration of 
 the time allowed for the redemption without charge; such 
 transfer shall be in form Q given in the schedule to this Ordin- 
 ance or to the saniie effect and shall state the date and cause 
 of sale and the price and shall have the effect upo7i confirmation 
 of the sale hy a judge of vesting the land in the purchaser, his 
 heirs, assigns and other legal representatives in fee simple or 
 otherwise according to the nature of the estate sold and no such 
 transfer shall be invalid by reason of any error or miscalcula- 
 tion in the amount of taxes in arrear. C. O. 70, s. 201, and 
 1901, c. 23, s. 6. 
 
 Tax transfer 
 cancels all 
 prior claims 
 
 303. Such transfer shall not only vest in the purchaser all 
 rights of property which the original holder had therein, but 
 shall also purge and disencumber such land from all payments, 
 charges, liens, mortgages and incumbrances of whatever nature 
 and kind other than existing liens of the municipality or crown 
 and whenever lands are sold for arrears of "taxes and the secre- 
 tary treasurer shall have given a transfer thereof such transfer 
 shall notwithstanding any informality or defect in or pre- 
 ceding such sale be valid and binding to all intents and pur- 
 poses except as against the crown. 
 
MUNICIPAL g3'J' 
 
 (2) After the expiration of one year from the ddtte of any 
 such transfer the sale and transfer may he set aside only upon 
 its being shown either: 
 
 1. That there has been fraud or collusion; or 
 
 2. Tha,t all taxes have been paid; or 
 
 3. That the land was not liable 'to assessment. C. O. 70 s 
 202, and 1901, c. 23, s. 7. ' 
 
 303.^ When the title of any land sold for arrears of taxes is Title in Crown 
 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 recognise 
 or admit that any person possesses under any colour of right 
 whatever ; and the municipality in case of any sale for taxes 
 being declared invalid shall be liable only for the purchase invalid sales 
 money actually paid therefor to the secretary treasurer and mSp^ftUtT 
 legal interest thereon as for damages or otherwise. 0. O. 70, 
 s. 203. 
 
 TAX SALE FUND. 
 
 304. The secretary treasurer shall keep a separate account Tax sale fund 
 of all sums paid to him as a balance of purchase money on 
 lands sold for arrears of taxes and not redeemed and shall enter 
 in the book the amount received over the taxes and charges 
 from the purchaser of any lots sold by him against said lot 
 with date of sale and of receipt of balance and the aggregate 
 amount so received shall form a fund to be called the tax sales 
 fund and the secretary treasurer shall in the month of January 
 in each year and on request at any other time, furnish a state- 
 ment to the council giving the particulars respecting such fund 
 and whenever any portion of such fund shall have remained in 
 the hands of the secretary treasurer 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 claim or order for payment having 
 been served on him as hereinafter provided, said portion or 
 sum so remaining unclaimed shall have been forfeited and 
 thereafter be the absolute property of the municipality and the 
 said municipality shall for ever be discharged from any claim 
 on account thereof. 0. O. 70, s. 204. 
 
 305. Any person claiming to have been the owner, heir, surplus may 
 assignee or legal representative of the owner or otherwise 
 interested in any parcel of land sold for taxes and transferred 
 as aforesaid which shall have realised more than the amount 
 due for taxes and charges shall be entitled to claim and receive 
 'the said overplus or sum held to the credit of said parcel of 
 
838 
 
 MUNICIPAL 
 
 land in the tax sale fund or any portion thereof specified in 
 the order hereinafter mentioned provided that written notice is 
 served upon the secretary treasurer previous to the time limited 
 for forfeiture and upon producing and leaving with the secre- 
 tary treasurer within six months from the date of service of 
 such notice of claim an order signed by a judge reciting that it 
 had been proved to the satisfaction of said judge that the 
 claimant was at .the time of sale the lawful ovmer of the land 
 in respect to which claim is made or was or is the heir, execu- 
 tor, assignee or legal representative of the said o-\vner or other- 
 wise interested in the said land and requiring the municipality 
 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 said tax sale fund shall be kept by 
 the secretary treasurer and shall be the warrant and authority' 
 for making such payment. C. O. YO, s. 205. 
 
 Evidence 
 of right to 
 surplus 
 
 206. In seeking to obtain a judge's order any claimant upon 
 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 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 or 
 interest to the satisfaction of the judge, and the facts set forth 
 in the petition shall be verified by afiidavit so far as may be 
 necessary to satisfy the judge of the iona 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 munici- 
 pality or publish the same in any manner he may deerd proper 
 or substantiate his claim in any other manner and the judge 
 may in his discretion order said money to be paid into 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 served 
 tipon the secretary treasurer. C. 0. 70, s. 206. 
 
 Fee8payab!e 307. The Same fces shall be paid upou an application made 
 under the last preceding section as are payable in respect of 
 other applications in chambers for a judge's order in any suit 
 or procedure. C. 0. 70, s. 207. 
 
 CoRts how, 
 payabje 
 
 308. In any case where the judge deems it advisable to 
 order notice to be served upon the municipality he shall in the 
 final decision of the question if the claimant is successful order 
 the costs of the municipality to be paid out of the fund in ques- 
 tion and in case the claimant fails shall order execution to issue 
 against him from the said court, after 'taxation^ for the costs of 
 the municipality. C. 0. 70, s. 208, 
 
MUNICIPAL 839 
 
 309. The fact of claiming any surplus held to the credit of ^^^'■';*°' 
 any lots sold for taxes in the said tax sale fund shall be con- vaUdity of sale 
 sidered an admission of the validity of the sale of the lot in 
 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 said claim 
 shall have been made within the time otherwise limited for 
 taking any proceedings to invalidate any tax sale and said sale 
 shall thereafter be held to be in all respects valid and binding 
 as ngainst the claimant and those claiming by, through and 
 under him as aforesaid. C. O. 70, s. 209. 
 
 I 
 
 310. In case of any suit or proceeding to set aside or ques- Pendins.suit 
 tion a sale for arrears of taxes being commenced within two sai? ^°"'"^ 
 years and one month from the date of said sale, being the time oeLrL^ied" 
 within which only any such action can be brought or proceeding 
 
 taken for that purpose, the plaintiff shall within ten days after 
 commencing his action or proceeding cause the secretary treas- 
 urer to be notified in writing of the fact of his action or 
 proceeding having been commenced and the secretary treasurer 
 in such case shall not forfeit any surplus held by him to the 
 credit of the parcel of land in dispute but shall hold the same 
 subject to the order of any judge or court before whom the said 
 action or proceeding shall or may be tried and in case the plain- 
 tiff succeeds the judge or court shall order said surplus repaid 
 to defendant, the tax sale purchaser or his proper representa- 
 tives, and in case the plaintiff fails in such action or proceeding 
 to set aside such sale but proves to the satisfaction of the judge 
 or court that he was at the time of sale the lawful owner of said 
 land and the person entitled to the said surplus money accord- 
 ing to the true intent and meaning of this Ordinance then in 
 such case the judge or court shall order such surplus money 
 to be paid over to 'the plaintiff or his proper representatives 
 upon and after payment by said plaintiff of such costs of the 
 defendant as he may have been ordered to pay. 
 
 (2) The provisions of this and the next preceding section 
 are hereby declared applicable only to lands for which certifi- 
 cates of title have no't been granted. C. O. 70, s. 210. 
 
 TAX PALES. LIABILITY OF MUNICIPALITY. 
 
 311. In no case shall the municipality be liable for' damages Liability of 
 or costs in any suit brought to set aside a tax sale or be liable umUeT'' 
 for any damages cr costs arising therefrom in any way further 
 
 than, in case of sale held void by a competent court, refunding 
 to the purchaser the amount of money actually received with 
 legal interest. C. O. 70, s. 211. 
 
8 -to MUNICIPAL 
 
 PART V. 
 
 Bylaws for Creating Debts and Exempting from 
 
 Taxation. 
 
 INTEODUGTIOX AND FORM OF BYLAWS. 
 
 particuiarl'i'ea ^^^- ^^ ^^^^ ^^^ majority of the resident ratepayers of any 
 portion of a municipality divided into lots petition the council 
 thereof setting forth the desire of such resident ratepayers to 
 incur a debt or liability repayable in the iinancial year, the 
 council may by bylaw levy a special rate against all the prop- 
 erty wi'thin the area (which shall be described in the petition) 
 as set forth in such petition and. such rate shall be collectable 
 as all other rates assessable by the municipality. 0. O. 70, s. ' 
 212. 
 
 Bylaws tor 313. Everv municipality may subiect to the following pro- 
 
 creating debt _ •' r J J J ox 
 
 visions pass bylaws for contracting debts by borrowing money 
 or otherwise and for levying rates for the payment of such 
 debts on the ratable property of the municipality for any 
 purpose within the jurisdiction of the municipality or on roads 
 and bridges or waterworks outside the limits of the munici- 
 pality : 
 Limit Provided that no municipality shall have power to pass such 
 
 bylaws for contracting debts to a greater extent than ten per 
 cent, of the assessed value of the ratable property in the said 
 municipality. C. O. 70, s. 213, and 1904, c. 6, s.'l. 
 
 Must have 214. Bylaws for contracting debts or borrowing money 
 
 two-thirds of which do not provide for the payment of the deb'ts contracted 
 
 ratepayers ^ ^ ^ r tj 
 
 voting or money borrowed within the financial year shall before the 
 
 final passing thereof receive the assent of two-thirds of the 
 duly qualified ratepayers voting thereon in the manner herein- 
 after provided. C. 0. 70, s. 214. 
 
 rate''a"ers'(or ^^^' ~^o bylaw for making loans or granting bonuses to 
 of'^b°faw"°" manufactories, mills, railways or any works of a public nature 
 or guaranteeing the payment of debentures of companies to 
 assist them in the operation of elevators, for exemption from 
 taxation for a longer period than one year or for building, own- 
 ing or operating grist mills, elevators and manufacturing 
 establishments or subscribing for stock therein shall be 
 introduced or entertained by the council except on a petition of 
 
MUNICIPAL 841 
 
 one-half the resident ratepayers of the municipality; and all 
 such bylaws shall before the final passing thereof receive the 
 assent of two-thirds or more of the votes polled: 
 
 Provided however that upon the introduction of any such 
 bylaw no informality in the proceedings prior to such intro- 
 duction shall affect its validity. C. 0. 10, s. 215, and 1901, 
 c 23, s. 8. 
 
 ^16. If contracted for the purpose of subscribing for stock Term for 
 in a railway or street railway company or for granting a bonus '^^'"'''°^'^" 
 in aid of a railway or street railway or of any undertaking 
 for public lighting or draining or for supplying water to the 
 inhabitants for fire or domestic purposes or for the purpose of 
 constructing any public works the debt may be made payable 
 within any period not exceeding, in the case of railways, forty 
 years and in all other cases twenty years and no longer, from 
 the date upon which the bylaw takes effect. In case any 
 municipality shall already have been authorised by bylaw to 
 borrow money for any of the purposes aforesaid the munici- 
 pality may extend the time for the payment of the debentures 
 to be issued in pursuance of such bylaw over the period 
 authorised by this section although the same shall exceed the 
 period named in the bylaw and for this purpose the munici- 
 pality may reacquire any debentures already issued under any 
 such bylaw and issue debentures in their stead extending over 
 the longer period as aforesaid. C. O. 70, s. 216. 
 
 317. The bylaw shall recite: bvS'w'""^"' 
 
 (a) The amount of the debt which such new bylaw is 
 intended to create and in some brief and general 
 terms the object for which it is to be created; 
 (h) The number of years over which such indebtedness 
 is to be spread; 
 
 (c) The amount of the whole ratable property according 
 to the last revised assessment roll ; 
 
 (d) The total amount of the existing debt of the munici- 
 pality outside of the debt due for the current 
 expenses of the year; 
 
 (e) A day not more than three months from the day on 
 which the voting is to take place when the bylaw 
 shall take effect; 
 
 and the whole of the obligations to be issued for the debt 
 authorised shall be dated as of the day on which the bylaw 
 takes effect. C. O. 70, s. 217. 
 
842 
 
 MUNICIPAL 
 318. * * * * * * ****** 
 
 Voting oa 
 bylaws 
 
 Publication 
 of bylaw 
 
 VOTING ON BYLAWS. 
 
 319. In case a bylaw requires the assent of the electors of 
 the municipality before the passing thereof the following pro- 
 ceedings shall be taken for ascertaining such consent : 
 
 1. The council shall by the bylaw fix a day and hour for 
 taking the votes of the elec'tors and such places in the munici- 
 pality as the council shall in their discretion deem best and 
 shall name a returning officer and deputy returning officers to 
 take the votes at each place where the votes are 'to be taken 
 and the day so fixed for taking the votes shall not be less than 
 three nor more than four weeks after the first publication of 
 the proposed bylaw as hereinafter provided. C O. 70, s. 219. 
 
 330. The council shall before the voting thereon by the 
 ratepayers publish a copy of the bylaw in some public news- 
 paper published within the said municipality or, if there be no 
 such newspaper, in some public newspaper near the munici- 
 pality, which publication shall be continued in a;t Igast one 
 number weekly of such newspaper for two consecutive weeks ; 
 and shall also put up a copy of the bylaw at four or more of the 
 most public places of the municipality. C. 0. 70, s. 220. 
 
 331. Appended to each copy so published shall be a notice 
 signed by the secretary treasurer of the council stating that 
 such copy is a true copy of a proposed bylaw which will be 
 taken into consideration by the council after being voted on by 
 the electors and stating the date of the first publication and the 
 day, hour and place or places fixed for taking the votes of the 
 electors. C. 0. 70, s. 221. 
 
 Vote taken as 333. At such day and hour a poll shall be taken and all 
 
 council proceedings thereat and for the purposes thereof including a 
 
 recount shall be conducted in the same manner as nearly as 
 
 may be as at an election for mayor and councillors. C. O. 70, 
 
 s. 222. 
 
 Notice 
 appended to 
 bylaw 
 published 
 
 Form of 
 ballots 
 
 333. The ballot papers shall be printed with "for the 
 bylaw" and "against the bylaw" and shall be marked by the 
 voter with a cross on the right side thereof opposite the words 
 "for 'the bylaw" or "against the bylaw" as he may desire to 
 vote. 0. 0. 70, s. 223. 
 
 T^eand 334. The council shall i:!;i the bylaw fix the time and place 
 
 to be'stated"'* when and where the returning officer of the municipality shall 
 
 sum up the number of votes given for or against such bvlaw. 
 
 C. O. 70, s. 224. 
 
MUNICIPAL 843 
 
 ^35. On the application of any person interested in pro- Scrutineers 
 nioting or opposing the passage of the bylaw the mayor or 
 reeve shall authorise the attendance of one person on behalf of 
 the party applying at each polling place and at the final sum- 
 ming up of the votes. 0. 0. 70, s. 225. 
 
 336. Evei'y ratepayer being a man, unmarried woman or Persona 
 widow shall be entitled to vote on any bylaw requiring the vofe '*'° 
 assent of the electors, who at the time of tendering the vote is 
 
 of the full age of twenty-one years and is named on the last 
 voters^ list of the municipality and who has neither direc'tly or 
 indirectly received nor is in expectation of receiving any 
 reward or gift for the vote which he tenders and who is at the 
 time of the tender a freeholder in his own right or whose wife 
 is a freeholder of real property within such municipality and 
 is rated on the last revised assessment roll as such freeholder 
 for not less than $400. C. O. 70, s. 226. 
 
 337. Any rate|)ayer offering to vote on the bylaw may be oathg 
 required by the deputy returning officer or by any ratepayer 
 entitled to vote on 'the bylaw to make, before his vote is 
 recorded, the following oath or affirmation or any part thereof 
 
 or to the effect thereof : 
 
 You swear that you are of the f itU age of twenty-one years ; 
 that you are the person named as in the 
 
 voters' list; that you are a freeholder in your own right (or 
 your wife is a freeholder) of real property within the munici- 
 pality and rated on the last revised assessment roll as such 
 freeholder for not less than $400 ; that you have not voted 
 before on the bylaw now before "the electors ; that you have not 
 directly or indirectly received any reward or gift nor do you 
 expect to receive any for the vote which you tender; (In the 
 case of an unmarried woman or widoiu claiming to vote) that 
 you are unmarried (or a widow as the case may he). CO. 70, 
 s. 227. 
 
 338, The returning officer after he has received certified Declaration 
 returns from the deputy returning officers of the number of " "^^^ 
 votes given at each polling place shall at the time and place 
 appointed by the bylaw in the presence of the persons auth- 
 orised to attend, or such of them as may be present sum up from 
 such statements the number of votes for and against such bylaw 
 and shall then and there declare the result and forthwith cer- 
 tify to the council under his hand whether the majority of the 
 electors entitled to vote who have voted upon the bylaw 
 approved or disapproved of the same. C. 0. 70, s. 228, 
 
844 MUNICIPAL 
 
 Final passing 339, Eygj-y bylaw which IS Carried by the required majority 
 of the duly qualified electors who have voted thereon shall, 
 within two weeks thereafter, be passed by the council which 
 submitted the same. C. 0. 70, s. 229. 
 
 330. * * * * * 
 
 PART VI. 
 
 Local Improvements and Assessments, 
 
 Improvements ^^^' The term "local improvement" shall be taken to mean 
 the opening, widening, straightening, extending, grading, level- 
 ling, macadamising, laying, paving or planking on any street 
 or public lane, alley, way or place, sidewalk or bridge forming 
 part of a highway ; or the curbing, sodding or planting of any 
 street or public lane, alley, square or other public way or place ; 
 or the making, deepening, enlarging or prolonging of any com- 
 mon ditch, drain or sewer; or the reconstructing, but not the 
 mere repair and maintenance of any of the said works. C. 0. 
 70, s. 231. 
 
 frontage 333. The term "special frontage assessment" shall be taken 
 
 assessment ^o mean a rate charged according to the lineal measure along 
 the front of the several lands fronting on the street or place 
 whereon or wherein the improvement is to be made for the 
 purpose of paying for such local improvement which rate shall 
 be computed by dividing the total charge to be provided by 
 special frontage assessment on said lands by the number of 
 lineal feet frontage of such lands on the street or place whereon 
 or wherein the' local improvement is to be made. C. O. 70, s. 
 232. 
 
 Bylaw for 333. The municipal council of any town may pass bylaws : 
 
 1. For ascertaining and finally determining what portion if 
 any of the cost of any local improvement should be borne by 
 the municipality at large ; 
 
 2. For assessing by way of a special frontage assessment the 
 cost or a portion of the cost of any local improvement upon the 
 lands fronting upon the street or place wherein or whereon the 
 local improvement is to be made and for levying such cost or 
 portion thereof by a special rate upon such lands ; 
 
 3. For regulating the time or times and manner in which the 
 rates for such improvements are to be paid ; 
 
MUNICIPAL 845 
 
 4. For borrowing by way of temporary loan upon the credit 
 of the municipality at large any moneys required to meet the 
 cost of any local improvement provided that such temporary 
 loan shall mature within six months from the making thereof ; 
 and for borrowing by the issue of debentures upon the credit 
 of the municipality at large the moneys required to meet iha 
 cost of any local improvement or required to pay any tempor- 
 ary loan made for that purpose : 
 
 Provided that the amount of any such temporary loan or 
 loans by way of debentures shall not increase the general debt 
 of the municipality beyond the limits thereof fixed by any 
 Ordinance in that behalf ; and 
 
 Provided that such debentures shall mature within the pro- 
 bable life of the local improvement. C, 0. 70, s. 233. 
 
 334. No assessment or levy shall be made under any bylaw Two-tMrda 
 passed under clause 2 of section 233 of this Ordinance except coifceraed 
 upon petition to the council of at least two-thirds in number ""*''' '^'^*"^°" 
 of the persons registered or assessed as owners of the lands 
 fronting on the street or place whereon or wherein the improve- 
 ment is proposed to be made representing at least one-half of 
 the value of such land excluding improvements thereon. C. 
 O. 70, s. 234. 
 
 235. The request of the petition may be acceded to by the Council may 
 ■council either in respect of the whole or'of a part of the street wholly or 
 or place proposed to be improved : 
 
 Provided that part only of such street or place as described 
 in the petition shall not be improved unless the petition is 
 signed as is required by the last preceding section having 
 regard only to the lands fronting on such part of the street or 
 place. C. O. 70, s. 235. 
 
 i 
 
 336. After the council has resolved to grant the request oi Completion 
 
 1 /• • 1 ■ 1 11 1 otwork 
 
 any such petition in whole or m part as aforesaid it shall be 
 lawful for the said council in the same or the succeeding year 
 to carry on the proposed improvement or service to completion 
 before making the assessment therefor and such petition so 
 presented shall stand good as authority for undertaking any 
 such improvement and making such assessment or assessments 
 and passing all necessary bylaws whether the improvements 
 shall have been or shall be undertaken and completed by the 
 council to whom such petition is presented or by the council in 
 the succeeding year. C. O. 70, s. 236. 
 
 337. There shall be a right of appeal against every assess- AppeaHrom 
 ment and rating made under the authority of any bylaw passed '*''^"""^" 
 
S4G 
 
 MUNICIPAL 
 
 under the local improvement sections of this Ordinance to a 
 court of revision to be composed of the mayor and council of 
 the municipality and from such court of revision to a judge in 
 the same manner and by the same procedure as nearly as may 
 be as in case of an appeal from an ordinary assessment. C. 0. 
 70, s. 237. 
 
 Nolice of 
 proposed 
 frontage tax 
 
 338. S"otice of every proposed special frontage rate shall be 
 given by the assessor to the persons registered or assessed as 
 owners or addressed to the last post ofSce address of each such 
 owner known to the assessor of the municipality of every 
 parcel of land to be charged therewith by registered letter, and 
 according as to the improvement has actually been made or is 
 only contemplated, and the notice shall set forth : 
 
 (a) The probable lifetime of the proposed improvement 
 as being the period over which the cost will be 
 spread ; 
 
 (h) The probable or actual cost of the improvement; 
 
 (c) The portion if any of the cost to be borne by the 
 municipality at large ; 
 
 (d) The portion of the cost to be provided by special 
 frontage assessment; 
 
 (e) The frontage of 'the property upon which the special 
 frontage assessment is to be levied stated in lineal 
 feet; 
 
 (/) The rates of special frontage assessment per foot 
 frontage ; 
 
 (g) The amount chargeable to each lot or parcel of land 
 assessed according to the rate per foot frontage; 
 
 (h) The value of the land chargeable with the special 
 frontage rate exclusive of all improvements thereon ; 
 
 (i) The time fixed for the sittiiigs of the court of revision 
 for the hearing of appeals in respect of the assess- 
 ment and proposed special rate; such sittings 'to be 
 not earlier than fifteen days from the date of mailing 
 of the notices. C. O. 70, s. 23S. 
 
 Rpoord ot 
 
 mailing 
 
 notice 
 
 339. A memorandum by the assessor in any proper book or 
 roll kept for that purpose of the mailing of such notices and 
 of the date thereof sliall be prima facie evidence of the mailino- 
 of such notices in accordance with the last precedino- section 
 on the date mentioned in the memorandum. C. O. 70 s. 239. 
 
MUNICIPAL 847 
 
 340, 
 
 The decision of the court of revision or of the iudge if Decision ot 
 
 _ _ JO (^niirf-. nf 
 
 court of 
 
 there be an appeal from the court of revision shall be final and revision or 
 conclusive upon all matters respecting the assessment andflnai 
 special rate and the court of revision and the judge shall 
 respectively have power in the event of the assessment of any 
 party being decreased or increased on appeal to raise or lower 
 proportionately the assessment of the other parties assessed 
 without any further notice. C. O. 70, s. 240. 
 
 341. Every bylaw passed for borrowing money for local ^on^t^nts of 
 improvements shall recite : 
 
 (a) The amount of the debt which such bylaw is intended 
 to create and the object in general terms for which it 
 is to be created; 
 
 (b) The total amount required to be raised annually by 
 special rate for paying the debt and interest under 
 the bylaw ; 
 
 (c) The total value of the land exclusive of improvements 
 charged with the special asssessment and if any por- 
 tion of the debt is to be borne by the municipality at 
 large the value of the whole ratable property accord- 
 ing to the last revised assessment roll; 
 
 (d) The aimual special rate per foot frontage for the 
 paying of the interest and creating a yearly sinking 
 fund for the payment of the debt or portion thereof 
 not payable by the municipality at large as the case 
 may be or for discharging the instalments of such 
 principal and interest in case the debt is to be so pay- 
 able and if any portion of the debt is to be borne by 
 the municipality at large the annual special rate in 
 'the dollar for the payment of the portion of the debt 
 chargeable to the municipality at large or for dis- 
 charging the instalments of such principal and 
 interest as the case may be ; 
 
 (e) That the debt is contracted on the credit and security 
 of the municipality at large but as to so much as is 
 not to be paid by the municipality at large the muni- 
 cipality is to collect the same only by way of special 
 frontage tax as aforesaid. C. 0. 70, s. 241. 
 
 343. ISTo bylaw passed hereunder shall require the assent of f^f^^^"^"^ 
 the electors : 
 
 Provided however that if 'the council in any case of local 
 improvement provides that more than one-third of the total 
 cost of the improvements shall be paid by the municipality at 
 
8-tS 
 
 MUNICIPAL 
 
 large and such sum shall be greater than can be properly paid 
 out of the current revenue of the year during which the- 
 improvement is made then and in every such case the council 
 shall pass a separate bylaw for the portion of money to be 
 provided by the municipality at large and said bylaw shall 
 before being finally passed received the assent of the electors 
 in the manner hereinbefore provided. C. 0. 70, s. 242. 
 
 PART VII 
 
 EXECUTIONS AGAINST MUNICIPALITIES. 
 
 Procedure 
 on writs of 
 execution in 
 sheriiTa hands 
 
 Copy writ to 
 be delivered 
 secretary 
 treasurer 
 
 Demands for 
 payment 
 
 Execution rate 
 
 Sheriff's 
 precept to 
 secretary 
 treasurer 
 
 Levy nf 
 special rate 
 
 343. Any writ of execution against a municipality may be 
 indorsed with the direction to the sheriff of the judicial district 
 in which the municipality is, to levy the amount thereof by 
 rate and the proceedings thereon shall be as follows : 
 
 1. The sheriff shall deliver a copy of the writ and indorse- 
 ment to the secretary treasurer of the municipality with a 
 statement in writing of the amount required to satisfy such 
 execution including the amount of interest thereon and sheriff's 
 fees and demand the payment of the same ; 
 
 2. In case the amount demanded is not paid to the sheriff 
 within thirty days after such delivery the sheriff shall examine 
 the assessment roll of the municipality and shall in like manner 
 as rates are struck for general municipal purposes strike a rate 
 sufficient in the dollar to cover the amount claimed as aforesaid 
 with such addition to the same as the sheriff deems sufficient to 
 cover the interest, his own fees and the collector's percentage 
 up to the time when such rate will probably be available ; 
 
 3. The sheriff shall thereupon issue a precept or precepts 
 under his hand and seal of office directed to the secretary 
 treasurer of the municipality and shall annex thereto the roll 
 of such rate and shall by such precept after reciting the writ 
 and that the corporation had neglected to satisfy the same and 
 referring to the roll annexed to the precept command the secre- 
 tary treasurer to levy such rate at the time and in the manner 
 by law required in respect to the general annual rates ; 
 
 4. At the time for levying the annual rates next after the 
 receipt of such precept the secretary treasurer shall add a 
 column to the tax roll headed: "Execution rate in A.B. versus 
 
 the municipality of as the case may be" adding a similar 
 
 column if there are more executions than one and shall ins:^rt 
 
MUNICIPAL 84D 
 
 therein the amount by such precept or precepts to be levied 
 upon each person respectively ajid shall levy the amount of 
 such execution rate aforesaid and shall within the time that he 
 is required to make the returns of the general annual rate 
 return to the sheriff the precept or precepts with the amount 
 levied thereon deducting his percentage ; 
 
 5. The sheriff shall after satisfying the execution and all fees surplus 
 thereon return any surplus within ten days after receiving the 
 same to the secretary treasurer for the general purposes of the 
 municipality ; 
 
 6. In case the secretary treasurer of any municipality secretary 
 against which an execution has issued is not paid by percentage peroeotage 
 fixed by bylaw of the municipality he shall be paid for such 
 collections a sum not exceeding two and one-half per centum. 
 
 C. 0. 70, s. 243. 
 
 344. The secretary treasurer and assessor of the corpora- secretary 
 
 *^ ^ ^ ^^ ^ trea.surer and 
 
 tion shall for the purposes of carrying into effect or permitting a^essor 
 or assisting the sheriff to carry into effect the provisions of this court 
 Ordinance with respect to such execution be deemed to be 
 ofiicers of the court from which such writ issued and as such 
 may be proceeded against by attachment, mandamus or other- 
 wise to compel them to perform the duties hereby imposed on 
 them. 0. O. 70, s. 244. 
 
 EXPEOPKIATION OF LANDS. 
 
 345. The council of every municipality shall make to the J,''iS"''"°" 
 owners or occupiers of or other person interested in lands 
 
 entered upon, taken or used by the corporation in the exercise 
 of its powers due compensation for any damages (including 
 cost of fencing when required) necessarily resulting from the 
 exercise of such powers beyond any advantage which the 
 claimant may derive from the contemplated work and any 
 claim for such compensation if not mutually agreed upon shall 
 be determined by arbitration under this Ordinance. 0. O. 70, 
 s. 245. 
 
 346. In the case of real property which a council has corporations^ 
 authority under this Ordinance to enter upon, take or use with- etc., may act 
 out the owner's consent, corporatioris, tenants in tail or for life, 
 guardians, committees and trustees shsill on behalf of them- 
 selves, their successors and heirs respectively and on behalf of 
 
 those they represent whether infants unborn, lunatics, idiots, 
 married women or others have power to act as well in reference 
 to any arbitration, notice and action under this Ordinance as 
 
,s30 
 
 uunici^AX, 
 
 in contracting for and conveying to the council any such lands 
 or in agreeing as to the amount of damages arising ftom the 
 exercise by the council of any power in respect thereof. C. 0. 
 70, s. 246. 
 
 Appointment 
 of represen- 
 tative where 
 no person 
 to act 
 
 347. In case there be no such person who can so act in 
 respect of such lands or in case any person interested in respect 
 to any such lands is absent from the Territories or is unknown 
 or in case his residence is unknown or he himself cannot be 
 found a judge may on application of the council appoint a 
 person to act in -respect to the same for all or any of the said 
 purposes. C. 0. 70, s. 247. 
 
 Payment of 
 amount 
 awarded and 
 interest 
 
 248. In case any person acting as aforesaid has not the 
 absolute estate in the property the council shall pay to him 
 legal interest on the amount to be paid in respect of such 
 property and shall retain the principal to be paid to the person 
 entitled to it whenever he claims the same and executes a valid 
 acquittance therefor unless a judge in the meantime directs 
 the council to pay the same to any person or into court ; and 
 the council shall not be bound to see to the application of any 
 interest so paid or of any sum paid under the direction of such 
 court. C. 0. 70, s. 248. 
 
 suylctTo'^'*^'^ 349. All sums agreed upon or awarded in respect of such 
 
 islaud"^'''"'^ ^^^^ property shall be subject to the limitations and charges to 
 
 which the property was subject. C. O. 70, s. 249. 
 
 Council may 
 make tender 
 of damages 
 
 350. The council of any municipality in all cases where 
 claims for compensation or damages are piade against them 
 which under the provisions of this Ordinance are declared to 
 be the subject of arbitration in the event of the parties mot 
 being able to agree, may cause such amount to be tendered to 
 the person making such claim as they may consider proper 
 compensation for the damage sustained or lands taken and in 
 the event of the nonacceptance by the claimant or claimants 
 of the amount so tendered and the arbitration being proceeded 
 with and if an award is obtained for an amount not greater 
 than the amount so tendered 'the costs of the arbitration and 
 award shall unless othervidse directed by the arbitrator be 
 awarded to the corporation and set off against any amount 
 which shall have been-awarded against them. C. 0. 70, s. 250. 
 
 Dispiites to 351. In any case where a dispute arises between two muni- 
 
 arbitration cipali'ties or between a person and a municipality involving a 
 claim for the payment of money or damages or between two 
 or more parties for the surphis money in the hands of a muni- 
 
MUNICIPAL 851 
 
 cipality in cases where property distrained for the payment of 
 taxes has been sold for more than the amount of taxes and costs 
 either party to the dispute may require that the same be settled 
 by arbitration. C. O. 70, s. 251. 
 
 353. In cases where arbitration is authorised either party Appointment 
 may appoint an arbitrator and give notice thereof in writing °""'''"™*°''' 
 to the other party calling upon him to appoint an arbitrator on 
 his behalf and a notice to a municipality shall be given to the 
 mayor or reeve thereof. C. O. 70, s. 252. 
 
 353. The appointment of all arbitrators shall be in writing Appointment 
 imder the hands of the appointors or in case of a municipality by byiaw^*"^ 
 by a bylaw of the council and the two arbitrators appointed by 
 
 cr for the parties shall within seven days from the date of the 
 appointment of the last named arbitrator appoint in writing a 
 third. C. O. 70, s. 253. 
 
 354. "Where more than two parties are interested each of ?ach party 
 them shall appoint an arbitrator and if there be an even num- may appoint 
 ber of arbitrators the arbitrators so appointed shall appoint" 
 another arbitrator or in default at the expiration of twenty-one 
 
 days after the last of such arbitrators has been appointed the 
 Lieutenant Governor in Council may on application of any one 
 of the parties interested appoint such arbitrators. C. 0. 70, 
 s. 254. 
 
 355. In case of neglect or refusal of any party to appoint! Omission or 
 an arbitrator when notified to do so or in case of two parties appoint, ° 
 appointed and being unable to agree upon a third the Lieu- GoTerno" 
 tenant Governor in Council shall upon application of any one '"'^^ ^pp°'" 
 of the parties interested in such arbitration appoint a party or 
 parties to act for and on behalf pf the party so refusing or a 
 
 third arbitrator as the case may be. C. O. 70, s. 255. 
 
 356.. In case of an arbitration between a municipality and Appointment 
 the owners or occupiers of or other persons interested in real for , 
 
 , ^ , 1 1 .1 • ■ Ti • municipality 
 
 property entered upon, taken or used by the municipality m 
 
 the exercise of any of its powers or injuriously affected thereby 
 
 if after the passing of the bylaw any person interested in the After 
 
 property appoints and gives due notice to the mayor or reeve by adverse 
 
 of the municipality of his appointment of an arbitrator to 
 
 determine the compensation to which such person is entitled 
 
 the mayor or reeve shall if authorised by bylaw within seven 
 
 days appoint a second arbitrator and give notice thereof to the 
 
 other party and shall express clearly in the notice what powers 
 
 the council intends to exercise with respect to the property 
 
 describing it. C. O. 70, s. 256. 
 
852 
 
 MUSTICIPAL 
 
 Council may 
 
 name 
 
 arbitrator 
 
 Other party 
 tlien^to 
 appoint one 
 
 357. In such last mentioned arbitration if, after service 
 upon the owner or occupier of or person so interested in the 
 property of a certified copy of the bylaw, the owner or occupier 
 or person so interested omits for twenty-one days to name an 
 arbitrator and give notice thereof as aforesaid the council or 
 the mayor or reeve if authorised by bylaw may name an arbi- 
 trator on behalf of the council and give notice thereof to the 
 owner, occupier or a person so interested and the latter shall 
 within seven days thereafter name an arbitrator on his behalf. 
 C. 0. 70, s. 257. 
 
 StrStofs ^^^- Within ten days after the appointment of the third 
 
 arbitrator the arbitrators appointed shall meet to hear and 
 determine the matter referred to them. C. O. 70, s. 258. 
 
 made witMn 359. In any of the cases hereinbefore provided the arbitra- 
 a month ^Qj.g gj^ai^ make their award within one month after the 
 
 appointment of the third arbitrator. C. 0. 70, s. 259. 
 
 No municipal 
 officer can be 
 arbitrator 
 
 260. No member, officer or person in the employment of any 
 municipality interested in any arbitration shall be appointed 
 to act as such arbitrator. C. O. 70, s. 260. 
 
 *^''"' 361. Every arbitrator before proceeding to try the matter 
 
 of the arbitration shall take and subscribe the following oath 
 before any justice of the peace or notary public : 
 
 I, A.B., do swear that I will well and truly try the matters 
 referred to me by the parties and a true and impartial award 
 make in the premises according to the evidence to the best of 
 my skill and knowledge. So help me God. 0. O. 70, s. 261. 
 
 Evidence 
 on oath 
 
 363. AH evidence taken by any court of arbitration under 
 this Ordinance shall be taken on oath ; any arbitrator is hereby 
 empowered to administer the same. C. 0. 70, s. 262. 
 
 Award by 
 majority 
 
 363. A majority of the arbitrators so appointed shall make 
 the award and a copy thereof shall be furnished to each of the 
 parties interested in the matter referred to arbitration. C. 0. 
 70, s. 263. 
 
 Arbitrators' 
 fees 
 
 364. The arbitrators shall have power to award the pay- 
 ment of a fixed sum by any of the parties to the other for the 
 costs of the arbitration or of any portion thereof including fees 
 for their own services as follows: 
 
MUNICIPAL 853 
 
 For every meeting where the cause is not proceeded 
 with but an enlargement or postponement is made 
 at the request of any party, to each arbitrator not 
 exceeding $ 2 00 
 
 For every day's sitting to consist of not less than six 
 
 hours, to each arbitrator not exceeding 10 00 
 
 For every sitting not extending to six hours (fractional 
 parts of hours being excluded) where the arbitra- 
 tion is actually proceeded with, for each hour occu- 
 pied in such proceedings to each arbitrator not 
 exceeding 2 00 
 
 C. 0. 70, s. 264. 
 365. Full notes of the evidence taken by arbitrators under ^oten of 
 
 '' evidence, 
 
 this Ordinance shall be made and together with any documents Documents 
 submitted in proof of any allegations made on behalf of parties 
 interested shall be retained by the chairman of the arbitration 
 or until an order is issued by a judge to produce the same in 
 case of an appeal from the decision of the arbitrators. C. 0. 
 70, s. 265. 
 
 266. Every award under this Ordinance shall be in writing 4"l?rithig^* 
 and under the hands of all or a majority of the arbitrators and 
 
 shall be subject only to an appeal to the supreme court. C. O. Appeal 
 70, s. 266. 
 
 267. An award made by arbitrators under this Ordinance ^^J'^^^''^ °' 
 may be referred back by the supreme court for amendment or 
 
 for additional evidence or may be set aside on questions of law 
 but not on questions of fact. C. 0. 70, s. 267. 
 
 APPLICATIONS TO QUASH BYLAWS. 
 
 268. In case a resident of a municipality or any other per- gj'i^^^j^s^^^^^ 
 son interested in a bylaw, order or resolution of the council ^n^iij^^j^^^, 
 thereof applies to a judge and produces a certified copy of the 
 
 bylaw, order or resolution and shows by affidavit that the same 
 was received from the secretary treasurer and that the appli- 
 cant is resident or interested as aforesaid the judije after at 
 least ten days from service on the municipality of a rule to 
 show cause in this behalf may quash the bylaw, order or reso- 
 lution in whole or in part for illegality and according to the 
 result of the application award costs for or against the munici- 
 pality. C. 0. 70, s. 268. 
 
854 
 
 MUNICIPAL 
 
 Application 
 within 
 two months 
 
 369. No ajiplication to quash or annul any such bylaw, 
 order or resolution in whole or in part shall be entertamed by 
 any judge unless such application is made within two months 
 from the final passing of such bylaw, order or resolution. C. 
 O. 70, s. 269. 
 
 Passage 
 iJrocured by 
 corrupt 
 practices 
 
 370. Any bylaw the passage of which has been procured 
 throus^-h or by means of any corrupt practices as defined by 
 this Ordinance shall be liable to be quashed upon any applica- 
 tion to be made in conformity with the provisions hereinbefore 
 contained. C. O. 70, s. 270. 
 
 Judge may 
 order Inquiry 
 
 Proceedings 
 on inquiry 
 
 -Subsequent 
 proceedings 
 
 Costs 
 
 371. Before determining any application for the quashing 
 of a bylaw upon the ground that the passing of the same has 
 been procured by means of any corrupt practices as defined by 
 this Ordinance and if it is made to appear to a judge that 
 probable- grounds exist for a motion to quash such bylaw the 
 judge may thereupon make an order for an inquiry to be held 
 upon such notice to the parties affected as the judge may direct 
 concerning the said grounds, before himself or whom he may 
 appoint to conduct such inquiry, and require that upon such 
 inquiry all witnesses both against and in support of such bylaw 
 be orally examined and crossexamined upon oath ; and the said 
 judge upon the taking or return of said evidence as the case 
 may be may upon notice to such of the parties concerned as he 
 thinks proper proceed to hear and de'termine the question and 
 if the grounds therefor appear to him to be satisfactorily 
 established he may make an order f^r quashing said bylaw and 
 order the costs attending such proceedings to be paid by the 
 parties or any one of them who have supported said bylaw; 
 and if it appears that the application to quash said bylaw 
 ought to be dismissed the said judge may so order and in! 
 his discretion award costs to be paid by the persons applying 
 to quash said bylaw. C. 0. 70, s. 271. 
 
 Proceedings 
 on bylaw 
 stayed 
 
 373. After an order has been made by a judge directing an 
 inquiry and after a copy of such order has been left with the 
 secretary treasurer of the miunicipality of which the bylaw is 
 in question, all further proceedings upon the bylaw shall be 
 stayed until after the disposal of the application in respect of 
 which 'the inquiry has been directed ; lout if the matter is not 
 prosecuted to the satisfaction of the judge he may remove the 
 stay of proceedings. C. O. 70, s. 272. 
 
 an™notiTof 373. In casc a bylaw, order or resolution is illegal in whole 
 
 file' al bylaw °^ ^" P^^* ^^^ ^^ °^^^ anything has been done under it which 
 
 by reason of such illegality gives any person a right of action 
 
MUJTICIPAL 855 
 
 no such action shall be brought until one month has elapsed 
 after the bylaw, order or resolution has been quashed or 
 repealed nor until one month's notice in writing of the inten- 
 tion to bring action has been given to the municipality and 
 every such action shall be brought against the municipality 
 alone and not against any person acting imder the bylaw, order 
 or resolution. C. O. 70, s. 273. 
 
 274. In case the municipality tenders amends to the plain- Tender of 
 tiff or his advocate, if such tender is pleaded and (if traversed) 
 proved and if no more than the amount tendered is recovered 
 the plaintiff shall have no costs bvit costs shall be taxed to the 
 defendant and set off against the verdict and the balance due Costs 
 10 either party shall be recovered as in ordinary cases. C. 0. 
 70, s. 274. , I ; 
 
 375. !N"o bylaw shall be set aside for corrupt practices pro- setting aside 
 
 • Til T /• rt-11 1 J. *•"■ corrupt 
 
 vided the passage thereof was not effected by sucn corrupt practices 
 practices. C. O. 70, s. 275. 
 
 OATHS OF OFFICE AND QUALIFICATION. 
 
 376. Every person elected or appointed under this Ordin- declarations 
 ance to any office requiring a qualification of property shall °J,PfSjy„s 
 before he takes the oath of office or enters on his duties make 
 
 and subscribe an oath to the following effect : 
 
 I, do swear that I am a British subject;, 
 
 that I had at the time of my election or appointment to the 
 office of in the municipality of 
 
 (as the case may he) and still have in my own right such an 
 estate as does qualify me to act in the said office and that such 
 estate is {naming the nature of it) and is of the value of 
 
 dollars over and above all charges, liens and incum- 
 brances affecting the same. 
 
 [Signature.) ■^- -o. 
 
 C- 0. 70, s. 276. 
 
 377. Every member of the council, secretary treasurer, oath of office 
 assessor and constable shall before entering on the duties of 
 
 his office, make and subscribe an oath to the following effect : 
 
 I^ , do swear that I will truly, faithfully 
 
 and' impartially to the best of my knowledge and ability 
 execute the office of to which I have been elected or 
 
 appointed (as the case may be) in the municipality of 
 
 and that I have not received and will not receive any 
 payment or reward or promise of such for the exercise of any 
 
856 
 
 MUNICIPAL 
 
 Oath of 
 auditors 
 
 partiality or neglect or undue execution of the said office and 
 that I have not myself or on behalf of any other person either 
 directly or indirectly any interest in any contract with or on 
 behalf of the said municipality. 0. 0. 70, s. 277. 
 
 378. Every auditor before acting as such shall take the 
 following oath : 
 
 I, , having been appointed auditor for 
 
 the municipality of do swear that I will faith- 
 
 fully perform the duties of such office acQording to the best of 
 my judgment, and ability and that I had not either directly or 
 indirectly any share or interest whatever in any contract with, 
 by or on behalf of such municipality during the year preceding 
 my appointment (except as auditor, if such he the case) and 
 that I have no't any contract with the said municipality except 
 that of auditor for the present year. C. O. 70, s. 278. 
 
 Oath of office 
 ' how to be 
 taken 
 
 379. Every member of the council and the subordinate 
 officers of the municipality shall take the oaths of office and 
 qualification before some justice of the peace or notary public 
 not being a member of the council and the justice of the peace 
 or notary public shall give the necessary certificate of the same 
 having been duly made and subscribed. C. 0. 70, s. 279. 
 
 PENAL CLAUSES. 
 
 Penalties 
 
 380. If the secretary treasurer fails to furnish ballot boxes 
 in manner herein provided he shall incur a penalty of $100 for 
 every ballot box which he has failed to furnish in the manner 
 prescribed. C. 0. 70, s. 280. 
 
 381. Any person who: 
 
 (a) Without due authority supplies any ballot paper to 
 any person; or 
 
 (6) Fraudulently puts into the ballot box any paper other 
 than a ballot paper which he is authorised to put in ; 
 
 or 
 
 (c) Fraudulently takes out of the polling place any ballot 
 paper; or 
 
 (d) Without due authority destroys, takes, opens or 
 otherwise interferes with any ballot box or packet of 
 ballots then in use for the purpose- of the election ; 
 
 shall be guilty of an offence and on summary conviction thereof 
 be liable to a fine not exceeding $200 and costs of prosecution. 
 0. O. 70, s. 281. 
 
MUNICIPAL 857 
 
 383. Any deputy returning officer, poll clerk, candidate or elections''' 
 agent who interferes or attempts to interfere with any voter in 
 marking his .ballot or who marks or causes to be marked a ballot 
 paper so as to defeat the intentions of the voter or who at any 
 time communicates any information he may be possessed of as 
 to the candidate or candidates for whom any vote has been 
 given or who induces any person to display his ballo't paper so 
 as to make known to himself or to any other person the manner 
 in which he has voted or for or against whom he has marked 
 his ballot paper shall on conviction thereof in a summary way 
 before two justices of the peace be liable to a fine not exceeding 
 $400 and costs of prosecution or imprisonment not exceeding 
 one year or both. C. O. .70, s. 282. 
 
 383. If any officer of the municipality refuses or neglects Neglect- 
 to perform any duty required of him by this Ordinance he shall 
 on conviction thereof be fined in a sum not exceeding $100. 
 C. O. 70, s. 283. 
 
 284. Every fine and penalty imposed by or under the Penalties, 
 authority of this Ordinance may, unless where other provision recovered 
 is specially made therefor, be recovered and enforced with costs 
 of prosecution on summary conviction before any justice of the 
 peace for the North- West Territories notwithstanding such 
 justice may be a member of the council or a ratepayer in the 
 municipality interested in such prosecution ; and all such fines 
 and penalties when recovered shall form part of the general 
 fund of the municipality wherein the same is imposed. C. 0. 
 70, s. 284. 
 
 INFKACTION OF BYLAWS. PENALTIES. 
 
 385. The council of every municipality may pass bylaws ^/o\'!'^?ng 
 for inflicting reasonable fines and penalties not exceeding $100 ?|°^^^^^(.es 
 exclusive of costs for breach of any of the bylaws of the muni- 
 cipality and for inflicting reasonable punishment by imprison- 
 ment * * * either in the lockup house of the 
 municipality or in the nearest common gaol for any period not 
 exceeding thirty days in case of nonpayment of the flne and 
 costs inflicted for any such breach unless such fine and costs 
 including the costs of committal are sooner paid ; except for 
 breach of any bylaw or bylaws passed for the suppression of 
 houses of ill-fame for which the imprisonment may be for any 
 period not exceeding six months in case of 'the nonpayment of 
 the fines and costs unless such fines and costs includina: costs of 
 committal are sooner paid. C. O- 70, s. 285, and 1900, c. 23, 
 s. 5. 
 
858 MUNICIPAL 
 
 ACTIONS AGAINST MUNICIPALITIES; 
 
 ti^imt 386. In case an action is brought against a municipal cor^ 
 
 munioipaiities poration to recovcr damages sustained by reason of any 
 obstruction, excavation or opening in the public highway, 
 street or bridge placed, made, left or maintained by any cor- 
 pc ration or by any person other than a servant or agent of the 
 Remedy over mi^rlcipal Corporation the last mentioned corporation shall have 
 a remedy over against the other corporation or person for, and 
 may enforce payment accordingly of the damages and costs 
 v/i'th any which the plaintiff in the action may recover against 
 tee municipal corporation : 
 
 Piovided nevertheless that the municipal corporation shall 
 only be entitled to the said remedy over if the other corporation 
 or person shall be made a party to the action and if it shall be 
 established in the action as against the other corporation or 
 person that the damages were sustained by reason of an 
 obstruction, excavation or opening as aforesaid, placed, made, 
 left or maintained by the other corporation or person ; and the 
 municipal corporation may in such action have the other cor- 
 poration or person added as a party defendant or third party 
 for the purposes hereof, if the same is not already a defendant 
 in the action jointly with the municipal corporation, and the 
 other corporation or person may defend such action as well as 
 the plaintiff's claim as against the claim of the municipal cor- 
 poration to a remedy over ; and the court or judge upon the 
 trial of the action may order costs to be paid by or to any of 
 the parties thereto or in respect of any claim set up therein as 
 in other cases. C. 0; 70, s. 286. 
 
 387. The council of any municipality upon any claim being 
 made or action brought for damages for alleged negligence on 
 the part of the municipality may tender or pay into court, as 
 the case may be, such amount as they may consider proper 
 compensation for 'the damages sustained and in the event of 
 the nonacceptance by the claimant of such tender or the amount 
 paid into court and the action being proceeded with and a ver- 
 dict being obtained for no greater amount than the amount so 
 tendered or paid into court the cost of suits shall be awarded 
 to the defendants and set off against any verdict which shall 
 have been awarded against them. C. O. 70, s. 287. 
 
 Tender or 
 payment into 
 court 
 
MUNIOIPAIi 
 
 SCHEDULE. 
 
 EOKM A. 
 
 Notice for Nomination at Elections. 
 
 Notice. 
 
 Municipality of 
 
 Public notice is hereby given that a meeting of the electors 
 of the municipality aforesaid will be held at (description of 
 place) on (day of weeTc) the day of 1 , from 'ten 
 
 of the clock until noon of the said day for the purpose of nomi- 
 nating candidates for the oiSces of mayor (or reeve) 
 and councillors for the said municipality for the next ensuing 
 year. [ 
 
 Dated under my hand at this day of 
 
 1 . O.E., 
 
 Returning Officer. 
 
 ■ C. O. 70. 
 
 FOEM B. 
 
 Polling jSToticb at Elections. 
 Notice. 
 
 Municipality of 
 
 Public notice is hereby given to the electors of the munici- 
 pality aforesaid that a poll has been granted for the election 
 now pending for the said municipality and that such poll will 
 be open on (here insert same day of the weeh as for nomination 
 of the next following week) the day of 1 , 
 
 from the hour of nine of the clock in the morning till five of the 
 clock in the afternoon at (describe the polling station or as the 
 case may he) in each of the following polling divisions that is 
 to say : 
 
 For the polling division No. 1 (or other designation) con- 
 sisting of (or bounded as follows or otherwise describing it 
 clearly) sit (describing the polling station and so continuing for 
 all the other polling divisions and stations in the municipality) . 
 
 And that I will at (describe the place) on (day of the week), 
 the day of 1 , at o'clock 
 
 in the noon sum up the votes end declare the result of 
 
 the election. 
 
 Given under my hand at this day 
 
 of 1 . 
 
 G.H., 
 
 Returning Officer. 
 0. O. 70. 
 
 859 
 
860 
 
 MUNICIPAL 
 
 o 
 
 M 
 
 H 
 O 
 
 o 
 
 
 o 
 
 M 
 
 PM 
 
 M 
 
 ^^ 
 
 O 
 
 ■^ 
 
 —' 
 
 ^ 
 
 1 • 
 
 O 
 
 
 »1 
 
 «^ 
 
 ^ 
 
 o 
 
 M 
 
 =+~- 
 
 O 
 
 ^<^ 
 
 tH 
 
 ^^ 
 
 O 
 OS 
 
 ■-d 
 
 •4-1 
 O 
 
 l>^ 
 
 
 ID 
 
 O ■ ^ 
 
 3 s 
 
 w 
 
 o 
 
 M 
 O 
 
 M 
 
 o 
 
 o 
 
 M 
 O 
 
 Bull. 
 
 Jones. 
 
 Smith. 
 
 Adam. 
 
 Brown. 
 
 s 
 
 Campbell. 
 
 Hamilton. 
 
 Perley. 
 
 Richardson. 
 
 i-O 
 
 o 
 
 
 
 Swinford. 
 
 0. 0. YO. 
 
MUNICIPAL 861 
 
 FORM D. 
 
 Direction fok Guidance of Voters. 
 
 The voter will go into one of the apartments provided and 
 with a pencil make a cross opposite the name or names on the 
 right hand side of the ballot paper of the party or parties for 
 whom he wishes to vote, thus x 
 
 If the voter votes for more candidates than he is by law 
 entitled to vote for his ballot paper will be void unless he dis- 
 covers the fact before the same is deposited in the ballot box 
 when he can obtain a new one from the returning officer. 
 
 If the voter inadvertently spoils a ballot paper he can obtain 
 a new one on satisfying the returning officer of the fact. 
 
 If the voter places any mark on the ballot paper by which 
 he will be afterwards identified his ballot paper will be void. 
 
 The voter after he has made the cross X opposite the name 
 or the names of the party or parties for whom he wishes to vote 
 shall fold up his ballot paper so as to show the initials of the 
 deputy returning officer on the back thereof but so as to conceal 
 the manner in which he has voted and shall deliver the same 
 to the deputy returning officer and shall forthwith quit the 
 polling place. 0. O. 70. 
 
862 
 
 MUNICIPAL 
 
 FOKM E. 
 VoTBEs' List. 
 
 
 
 >, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .2 
 
 oS • 
 
 (U 
 
 
 
 
 
 
 
 J3 
 
 a< 
 
 
 
 
 
 
 II 
 
 -t 
 
 1 
 
 s 
 
 d 
 
 11^ 
 
 
 
 s; 
 
 
 
 _g.o 
 
 .2 " 
 
 J 
 
 o 
 a 
 
 g 
 o 
 
 lU 
 
 a 
 6 
 
 
 O 1) 
 
 E 
 
 C3 
 
 
 1 
 
 O 
 
 
 «w 
 
 « 
 
 
 
 :& 
 ^ 
 
 
 
 
 
 o 
 
 12; 
 
 o 
 
 
 
 
 
 
 O 
 
 J3 
 
 
 
 
 
 
 
 
 M 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 C. O. 70. 
 
Municipal 
 
 863 
 
 ■H-l 
 O 
 
 
 
 O 
 
 as 
 
 O 
 
 o 
 
 Ph 
 
 d 
 
 CD 
 
 •aoj^ou JO 3ui:;sod 
 ao XjaAi|ap jo'a:;Bg 
 
 • 
 
 ■uoi^BXB^ mojj ^duia 
 -xa X:^jadojd jo anjBAi 
 
 
 •tjuauissassB jo ^:^BQ | 
 
 •SSOQ 1 
 
 •sSojj 1 
 
 •sasjojj 1 
 
 •daaqs 1 
 
 •smso 1 
 
 •XlfuiBj UI jaqumu jb^jox 
 
 
 ■uoi3ijay; ) 
 
 •UOl^BA 
 
 -[^|no jgpiin aaqiun^ 
 
 ■passassB 
 sajoB JO jaquintvi 
 
 
 •uosjad ajqBXBq. jo aSy 
 
 
 •auiooui puB 
 
 iC^aadojd jBuosjad puB 
 
 [Baa JO ^uauissassB ib:)^ox 
 
 
 auiooul aiqBXBX | 
 
 •A^jadojd 
 jBuosiad JO an|BA qsBQ 
 
 
 •uoaaaqq. s^juaui 
 -aAOjduii JO aniBA ib^ox 
 
 
 uosaad 
 
 atqBXB:; aq^ jo 
 
 uiaaaq^ :jsaaa:).ui 
 
 aq^ ao X^aadoad [Baa 
 
 JO :}0i ao jaoaBd qoBa 
 
 JO an[BA qsBO [Bn^OB aqx 
 
 
 The description in 
 full and extent or 
 amount of property 
 against each taxable 
 person or any inter- 
 est which is liable to 
 assessment, showing 
 section, township 
 and range, or lot and 
 block, or other local 
 description. 
 
 ' 
 
 ■(auiODUi) -oui '(:iuBd 
 -nooo) -000 ' (^svuA.0) -mq 
 
 
 •HsajrmB asmo lso,4 1 
 
 rhe names in full if the 
 same can be ascertained, 
 of all taxable persons who 
 nave taxable property or in- 
 come within the Munici- 
 pality and the name of the 
 owner when the occupant 
 in not the owner. 
 
 <r 
 
 [ -^uauissassv J" "N 
 
 1 
 
 C. 0. YO. 
 
86i 
 
 MUNICIPAL 
 
 FOEM G. 
 
 Teansfeb of Land on Sale fok Taxes. 
 
 I, of the in 
 
 the North-West Territories, secretary treasurer of the muni- 
 cipality of by virtue of the authority vested 
 in me by The Municipal Ordinance to sell lands for arrears of 
 taxes 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 1 , for 
 arrears of taxes due on said land to the said municipality, 
 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 municipality this day of 1 
 
 Signed by the above named ] 
 
 in presence of j 
 
 Affidavit of witness to he indorsed on transfer. 
 
 CANADA j I 
 
 North- West Territories. [ of (residence) 
 
 To wit : I in the North- West Territories, 
 
 ( occupation) make oath and say : 
 
 1. I was personally present and did see 
 
 named in the within instrument who is personally 
 known to me to be the person named therein, he being the secre- 
 tary treasurer of the municipality of 
 
 duly sign and execute the within instrument for the purposes 
 named therein; 
 
 2. That the said instrument was executed at 
 
 in the 
 said Territories ; and that I am the subscribing witness thereto ; 
 
 3. That I personally know the said 
 
 and he is in my belief of the full age of 
 twenty-one years. 
 
 Sworn before me at '] 
 
 in the North- West Territories \ 
 this day of \ 
 
 C. O. 70. 
 
MUNICIPAL gg5 
 
 MUNICIPAL. 
 
 Amendment. 
 An Ordinance to amend Chapter 70 of The Consoli-jr.^i'^-, ,«ao 
 
 « ^ — -^ , , I ^tiDn A.pril loby 
 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting Municipalities." 
 
 [Assented to April 29, 1899.} 
 
 rriHE Lieutenant Governor by and with the advice and) 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. Section 114 of The Municipal Ordinance is herebySeotion lu 
 amended by adding thereto the following subsection : amcDded 
 
 (2) * * * * * * -X- * * * -X- -X- 
 
 3. Section 121 of the said Ordinance is hereby amended by 
 adding thereto the following clause : 
 
 j^Y. * * * * * -X- * * * * * * * 
 
 3. The council of a rural municipality any portion of which Taxation of 
 consists of a registered townsite may for the purpose of makingruraf "'" 
 improvements for the benefit of such townsite pass bylaws "or lociT'"'^ 
 within the powers of the municipality for contracting debts by '"'pi'"'^®™''"'^ 
 borrowing money or otherwise and providing for the payment 
 of such debts after.the financial year in which such bylaw is 
 passed but not more than twenty years after the bylaw takes 
 effect, by rates to be levied upon the ratable property within 
 such townsite (not theretofore exempted by the municipality 
 from general taxation) but such debts shall not exceed ten per 
 cent, of the assessed value of the ratable property within such 
 townsite less the amoimt of any existing indebtedness of the 
 municipality which according to the proportion which the 
 ratabje property in the townsite bears to the ratable property 
 in the municipality (both according to the last revised assess- 
 ment roll) would be leviable upon the ratable property in such 
 townsite. 1899, c. 15, s. 3. 
 
 4. Bylaws under the next preceding section shall before the ^y^a^* '" 
 final passing thereof receive the assent of two-thirds of the duly 
 qualified ratepayers voting thereon in the manner hereinafter 
 mentioned. 1899, c. 15, s. 4. 
 
860 
 
 MUNICIPAL 
 
 Con tenia of 
 bylaw 
 
 Date of etrcet 
 of bylaw 
 
 Date of 
 obligations 
 
 5. The bylaw shalj. recite : 
 
 1. The amount of the debt which the bylaw is intended 
 
 to create and, in general terms, the objects for which 
 it is to be created ; 
 
 2. The time or times for repayment (whether by instal- 
 
 ments or otherwise) ; 
 
 3. (a) The amount of the whole ratable property in the 
 
 municipality according to the last revised assessment 
 roll; 
 
 (5) The amount of the whole ratable property, according 
 to the last revised assessment roll, in the portion of 
 the municipality to be affected by such bylaw; 
 
 4. (a) The total amount of the existing debt of the muni- 
 
 cipality outside of the debt due for the current 
 expenses of the year ; 
 
 (h) The total amount of any existing debt payable by 
 rates limited to such townsite. 
 
 (2) The bylaw shall state a day not more than three months 
 from the day on which the voting is to take place when the 
 bylaw shall take effect, and the whole of the obligations to be 
 issued for the debt authorised shall be dated as of the day on 
 which the bylaw takes effect. 1899, c. 15, s. 5. 
 
 Provisions to 
 be followed 
 
 6. The provisions of sections 219, 220, 221, 222, 223, 224, 
 225, 227, 228, 229 and 230 of The Municipal Ordinance shall 
 apply to any such bylaw and to 'the voting thereon except that 
 for the purposes of such vote the word "municipality" shall be 
 deemed to be struck out of section 227 and the words "the por- 
 tion of the municipality of consisting of 
 (describing the portion in question)" substituted and the 
 figures "$400" shall be deemed to be struck out and "$100" 
 substituted. 1899, c. 15, s. 6. 
 
 Persons 
 entitled to 
 vote 
 
 7. There shall be entitled to vote on any such bylaw every 
 ratepayer being a man, unmarried woman or widow who at 
 the time of tendering the vote is of the full age of twenty-one 
 years and is named on the last voters' list of the municipality 
 and who has neither directly or indirectly received nor is in 
 expectation of receiving any reward or gift for the vote which 
 he tenders and who is at the time of the tender a freeholder in 
 his own right or whose wife is a freeholder of real property 
 within the portion of the municipality composing such town- 
 site and is rated on the last revised assessment roll as such free- 
 holder for not less than $100. 1899, c. 15, s. 7. 
 
MUNICIPAL 867 
 
 8.^ In the event of judgment being obtained against tbe SrumUed 
 municipality for the principal or interest due on any debenture 
 issued under any such bylaw and execution issued thereon, the 
 rate to be levied to pay such execution shall be limited to the 
 ratable property in such townsite. 1899, c. 15, s. 8. 
 
 9. No exemption from any rate for payment of such deben- Exemption 
 ture shall be granted for more than one year except by the vote '"^ s™"''='' 
 of the ratepayers in the portion of the municipality affected 
 thereby. 1899, c. 15, s. 9. 
 
 MUNICIPAL. 
 
 AMENDMENT. 
 
 An Ordinance to legalise certain Municipal Grants i9oo,c. 24 
 
 r T> i. • i.- T-) 4 May, 1900 
 
 for Patriotic Purposes. 
 
 lAsseided to May 4, 1900.^ 
 
 WHEREAS the councils of certain municipalities in the Preamble 
 Territories have at different times within the past year 
 made grants of money to or in aid or for the benefit of Cana- 
 dian troops departing for service in her Majesty's war in 
 South Africa or their families 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 : 
 
 !• All grants of money heretofore or hereafter made by the Certaiu 
 'council of any municipality in the Territories for any loyal grants 
 and patriotic purpose m 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. 1900, c. 24, s. 1. 
 
SOS 
 
 MUNICIPAL 
 
 MUNICIPAL. 
 
 AMENDMENT. 
 
 ifjunefiooi An Ordinance to amend Chapter 70 of The Consoli- 
 dated Ordinances 1898, intitutled "An Ordinance 
 respecting MuniciprJities.'' 
 
 [Assented to June 12, 1901.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. to 9" ********** * 
 
 repei'ied^^'' ^^' Section 230 of the said Ordinance is hereby repealed; 
 
 and no bylaw referred to in the said section heretofore passed 
 shall require the assent of the Lieutenant Grovernor in Council 
 if such assent has not already been given.. 1901, c. 23, s. 10. 
 
 ERECTION OF VILLAGES INTO TOWNS. 
 
 Census may 
 be taken 
 
 11. A census of any village may at any time be taken under 
 the authority of a resolution of the ratepayers passed at the 
 annual village meeting or at any other meeting of the rate- 
 payers specially called for that purpose. 1901, c. 23, s. 11. 
 
 Necessary 
 population 
 for incorpora- 
 tion .18 town 
 
 13. In case it appears by the census return taken under 
 such bylaw or any statute that a village contains over four 
 hundred inhabitants the village may be erected into a tovra. 
 municipality subject to the provisions hereinafter contained. 
 1901, c. 23, s. 12. 
 
 village''"" °^ ^^' ^0 village shall be erected into a town municipality 
 unless and until a resolution has been approved by two-thirds 
 of the ratepayers voting thereon at a meeting specially called 
 for the purpose. 
 
 (2) The said resolution shall state limits of the proposed 
 town which may include additional lands adjacent to the 
 village. 
 
 (3) The voting on the said resolution shall ie held in the 
 same manner as the voting for election of overseer. 1901, c. 23, 
 s. 13, and 1903, Sess. 1, c. 19, s. 9. 
 
MUNICIPAL 869 
 
 14. The overseer of the village shall upon the passing of bL^^Tted 
 such resolution post up a notice in five public places in the 
 village and insert the same in two consecutive issues of Ihe 
 ollicial gazette and in four consecutive weekly issues of a news- 
 paper published in or nearest to the village setting forth in the 
 notice the intention of the overseer to apply on behalf of ihe 
 village to the Lieutenant Governor for the erection of the 
 village into a town municipality and stating the limits intended 
 
 to be included therein. 1901, c. 23, s. 14. 
 
 15. At any time not less than one month nor more than two Prooiamaiion 
 months after the last publication of the said notice the overseer 's'iiiage into 
 may apply to the Lieutenant Governor for the erection of the 
 
 village into a town municipality and shall with the application 
 furnish satisfactory proof of the census, resolution and publi- 
 cation and posting of notice aforesaid and thereupon the Lieu- 
 tenant Governor may by proclamation erect the village into a 
 town municipality by a name to be given thereto in the pro- 
 clamation. 1901, «3. 23, s. 15. 
 
 • 
 
 16. The Lieutenant Goverjior.may include in the new towiiLancianot 
 any lands not included in the village but adjacent thereto andviUaBemay 
 within the limits mentioned in the aforesaid notice^ 1901, c. 
 
 23, s. 16. 
 
 17. From and after the erection of any village into a town Municipal 
 municipality as hereinbefore provided all of the provisions of apply 
 the said Ordinance applying to towa municipalities shall apply 
 thereto. 1901, c. 23, s. 17. 
 
 18. The Lieutenant Oovernor may in his procZamaiion First election 
 hereifihefoj-e mentioned appoint a returning officer to hold the 
 
 first election of mayor and councillors for the town munici- 
 pality. ' 
 - (2) The persons eligible for eleition as mayor and council- 
 lors shall he all male British subjects of the full age of twenty- 
 one years, able to read and write, resident within or within two 
 miles of the limits of the municipality, the owner at the time of 
 the election of freehold real estate within the municipality of 
 the value of at least $500, or leasehold real estate within the 
 vnmicipality of the value of at least $1,500 over and above all 
 charges, liens and incumbrances affecting the same. 
 
 (3) The persons qualified to nominate candidates for the 
 office of mayor or councillor^ shall be the persons qualified to 
 rrAe for such candidates. 
 
870 
 
 MUNICIPAL 
 
 (4) The' term of office of the mayor elected at the first elec- 
 tion shall if such election he prior to the first day of July he 
 till the end of ihe then calendar year and if such election he not 
 prior to the first day of July till the end of the then next ensu- 
 ing calendar year. 
 
 (5) The three candidates first nominated for councillors in 
 the event of there heing no poll or the three candidates receiving 
 the highest numher of vo't{es in the event of a poll heing held 
 shall he declared elected for ihe term ending at the end of the 
 calendar year next following or next hut one following the date 
 of the election according as such election is held prior or not 
 iprior to the firsi day of July and ihe remaining three candi- 
 dates elected shall he declared elected for the term ending with 
 the then calendar year or the then next following calendar year 
 according as such electio7i is held prior or not prior to the first 
 day of July. 
 
 (6) In the even\t of an election heing held after the first elec- 
 tion hut, hefore the preparation and revision of an assessment 
 roll the provisions of this Ordinance as to the first election 
 including the qualification of voters and candidates shall apply.' 
 1903, Sess. 2, c. 22, s. 2. (Ifot^ also sections 3 and 4 of same 
 Ordinance. ) 
 
 Qualification 
 of voters 
 
 19. The persons qualified to vote at the first election, of 
 mayor and councillors shall be all owners or occupants of land 
 within the limits of the town municipality of the full age of 
 twenty-one years who have owned or occupied such land for a 
 period of at least three months prior to such election but before 
 being allowed to vote each voter shall make and subscribe before 
 the returning officer a declaration in the form A in the schedule 
 hereto. 1901, c. 23. s. 19. 
 
 Peralty for 
 
 false 
 
 declaration 
 
 Returning 
 officer to be 
 secretary 
 treasurer 
 
 Overseer to 
 deliver 
 property to 
 secretary 
 treasurer 
 
 30. Any person signing a declaration mentioned in the next 
 preceding section containing a false statement shall be guilty 
 of an offence and liable on summary conviction to a fine not 
 exceeding $50 and costs. 1901, c. 23, s. 20. 
 
 31. The returning officer shall be the secretary treasurer for 
 the said town municipality and shall hold office until his suc- 
 cessor is appointed by the council. 1901, c. 23, s. 21. 
 
 33. All books, accounts, records, lists, vouchers, moneys and 
 all other property of the village together wi'th the auditor's 
 report required by The Village Ordinance shall forthwith on 
 demand of the secretary treasurer be delivered by the person 
 last holding office as overseer of the said village to the said 
 secretary treasurer who shall for the purpose of receiving the 
 
MUNICIPAL 871 
 
 said books, accounts, records, vouchers, moneys and other prop- 
 erty be deemed to be the successor in office of such overseer, 
 1901, c. 23, s. 22. 
 
 33. All provisions of The Villaqe Ordinance and amend- ^j^^itir^^^ „* 
 
 J- ^ provisions or 
 
 ments respecting the prevention of disease and fire, billiard and J^J,\?:e®j,^g ^^^ 
 dog licenses, licensing travelling showmen and entertainers, '^'^ ^y'*^"'^ 
 hawkers and pedlers and animals running at large and all 
 regulations made thereunder having force and effect in the 
 village at the date of its erection into the town municipality, 
 all provisions for the collection of such license fees and all 
 penalties for the infraction of any of the said provisions or 
 regulations shall continue in full force in the town municipality 
 as bylaws of the said town, municipality until amended or 
 repealed by bylaws passed by the council. 1901, c. 23, s. 23. 
 
 .34. All taxes due to the village shall on its erection into avuiagetaxea 
 town municipality be deemed to be arrears of taxes due to such to town 
 municipality and the provisions of the said Ordinance relating 
 to arrears of taxes and the collection thereof shall apply thereto. 
 1901, c. 23, s. 24. 
 
 35. All suits and rights of action by or against the village suits and 
 
 ° ■ . ■,. , . ■, rights oJ 
 
 shall after its erection into the town municipality be continued a^t^on and 
 or maintainable by or against the town municipality and alloontinucd 
 debts and liabilities of the village be assumed and paid by the 
 municipality. 1901, c. 23, s. 26. 
 
 36. The title to and all rights in respect of any real estate ™ej^0y ^j 
 or other property of the village shall be vested in the town v^iijaee to paPs 
 municipality upon the erection of the village into a town 
 municipality 1901, c. 23, s. 26. 
 
 37. This Ordinance shall be read with and form part of "rdmance to 
 The Municipal Ordinance and may be cited as The Mwiicipal^xm^imi 
 Amendment Ordinance 1901. 1901, c. 23, s. 27. short title 
 
 SCHEDULE. 
 FORM A. 
 
 I, A.B., hereby declare that I am of the full age of twenty- 
 one years and have owned or occupied land situate within the 
 limits of the town of for a period ot at least three 
 
 months immediately prior to the date of this election. 
 
 Toier. 
 Eeiurning Officer. 1901, c. 23. 
 
lS72 mumioipal 
 
 MUNICIPAL. 
 
 AMENDMENT. 
 
 ?5Aprii%3 An Ordinance to amend Chapter 70 of The Consoli- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting Municipalities." 
 
 [Assented to April 25, 1908.] 
 
 rPHE Lieutenant Governor by and with ilie advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1- Section 121 of The Municipal Ordinance is hereby 
 amended : 
 
 1. By repealing clause 1 thereof and substituting therefor 
 the following: 
 
 1 * -X- * *' -X- * ■ * * * * * * * 
 
 2. By repealing clause 3 thereof and substituting therefor 
 the following : 
 
 3 * ■;• * -X- * * * * -X- * * * * 
 
 3. By striking out the figures "600" where they occur in 
 clause 13 thereof and substituting therefor the figures "1000." 
 
 2. This Ordinance shall apply W assessments for the year 
 . 1903. 
 
 MUNICIPAL. 
 
 AMENDMENT. 
 
 1903, Sees. 2, An Ordinance to amend Chapter 70 of The Consoli- 
 
 c. 22, 21 Nov., ^ ' 
 
 ^^^ , dated Ordinances 1898, intituled "An Ordinance 
 
 respecting Municipalities." 
 
 [Assented 'tio November 21, 1903.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. and 3. ***** - * * - - - * * * 
 
MUNICIPAL 873 
 
 3. 
 
 All elections of mayor and councillors since the first day Kieciions 
 
 J. -[- -1 HAD • • under 0.23 of 
 
 01 January, 190d, in towns moprporated under the provisions i9oi conflrmed 
 of the said The Municipal Amendment Ordinance 1901 are 
 hereby confirmed and declared to be and to have been at their 
 date legal and valid and the terms of office of such mayor and 
 councillors are declared to be those fixed by this Ordinance for 
 first elections. 1903, Sess. 2, c. 22, s. 3. 
 
 4. Any municipality which has a municipal system of Supplying 
 waterworks shall have power and authority to supply with of municipal- 
 water any person or corporation outside the municipality and 
 
 may exercise all power necessary to the carrying out of any 
 agreement for any term not exceeding five years with such 
 person or corporation for the supply of water. 
 
 Subject however to the provision that where such water is 
 to be supplied in another municipality no pipes shall be carried 
 in, upon, through, over or under any highway or public street, 
 lane, road or passage within such other municipality without 
 the consent of the council of such municipality and subject to 
 the further provision that the right to supply water to such 
 person or corporation shall cease upon any municipality 
 theretofore or thereafter incorporated comprising the area 
 within which such water is supplied undertaking to supply 
 water to such person or corporation 1903, Sess. 2, c. 22, s. 4. 
 
 5. All bylaws heretofore passed and all agreements Bylaws for 
 heretofore made which would have been valid if passed after contimjed 
 the coming into force of this Ordinance under the- provisions 
 
 of the next preceding section are hereby ratified and confirmed. 
 1903, Sess. 2, c. 22, s. 5. 
 
 INCOEPOEATION OF TOWNS IN KUEAL MUNICIPALITIES. 
 
 6. The Lieutenant Governor in Council in case it is made to conditions for 
 appear that any area not exceeding 1,280 acres included within J," townsln"" 
 the limits of a rural municipality contains a population of municipality 
 more than four hundred persons may order a vote of the 
 ratepayers to be taken on the question of the constitution of 
 
 the said area as a town municipality and may by the said order 
 name a returning officer to take the said vote. 1903, Sess. 2, 
 22, s. 6. 
 
 7. Notice of the said order shall be given by the returning Notice to be 
 
 . • 1 J. L published 
 
 officer by publication in the same manner as is required to be 
 
874: 
 
 MUNICIPAL 
 
 Contents 
 of notice 
 
 given by section 14 of The Municipal Amendment Ordinance 
 1901 in the case of the proposed erection of a village into a 
 town municipality.' 1903, Sess. 2, o. 22, s. 7. 
 
 ^. The paid notice shall state : 
 
 (a) The area of the proposed town; 
 
 (&) The name approved by the Lieutenant Governor in 
 Council ; 
 
 (c) The date and place for taking the said vote. 1903, 
 Sess. 2, c. 22, s. 8. 
 
 Secretary 
 treasurer 
 to furnish 
 returning 
 ofBcer with 
 copy of 
 
 9. The secretary treasurer of the rural municipality shall 
 forthwith on demand by the returning officer furnish him with . 
 a certified copy of that portion of the last revised assessment 
 asseesmentroii roll of the Said municipality containing the names of the men, 
 married women and widows over twenty-one years of age who 
 are assessed upon the last revised assessment roll of the rural 
 municipality for income or personal property within the area 
 of the proposed town for $200 or upwards or who are named 
 upon the said assessment roll as either owners or occupants of 
 real property situate within the area of the proposed town 
 held in their own right or in the case of married men held by 
 their wives for $200 or upwards. 1903, Sess. 2, c. 22, s. 9. 
 
 Question to 
 he submitted 
 
 10. The question to be submitted at the said vote shall be 
 "For the incorporation" or "Against the incorporation" and 
 such question shall be determined by open voting. 1903, Sess. 
 2, c. 22, s. 10. 
 
 Qualification 11. The pcrsons qualified to vote upon such question shall 
 be the persons whose names appear upon the certified copy of 
 the assessment roll mentioned in section 9. 1903, Sess. 2, c. 
 
 22, 
 
 11. 
 
 offlcer"tl"^ 12. Upon the close of the poll the returning officer shall 
 
 certify result certify the rcsult of the poll to the Lieutenant Governor in 
 Council and shall forward with his certifica'te the certified 
 copy of the assessment roll. 1903, Sess. 2, c. 22, s. 12. 
 
 by't^o-tMr^ds ^^' ^^ two-thirds of the votes are in favour of the incorpora- 
 
 may\pe°"'" ^^^"^ '^^ ^^® town the Lieutenant Governor in Council may by 
 
 incorporated proclamation incorporate the town comprising the said area or 
 
 such less area as he may 'think fit. 1903, Sess. 2, e. 22, s. 13. 
 
 Municipal 
 ordinance 
 to apply 
 
 14. From and after the incorporation of the said town all 
 of the provisions of Tlie Municipal Ordinance applying to 
 town mimicipalities shall apply thereto, 1903, Sess. 2, c. 22, 
 s. 14. 
 
MUNICIPAL 875 
 
 15. The Lieutenant Governor may in his proclamation First election 
 hereinbefore mentioned appoint a returning officer to hold the 
 
 first election of mayor and councillors for the said town. 1903, 
 Sess. 2, c. 22, s. 15. 
 
 16. The persons eligible for election as mayor and council- ^"013'^^''°^" 
 lors at such first election shall be any male British subject of 
 
 the full age of twenty-one years, able to read and write, 
 resident within or within two miles of the limits of the town 
 the owner at the time of the election of freehold real estate 
 rated in their own names on the last revised assessment roll 
 mentioned in section 9 hereof of the value of at least $500 or 
 of leasehold real estate rated as aforesaid of the value of at 
 least $1,500 over and above all charges, liens and incum- 
 brances affecting the same. 1903, Sess. 2, c. 22, s. 16. 
 
 17. The persons qualified to nominate candidates for the ^jJl^in^lJ 
 office of mayor or councillors shall be the persons qualified to 
 
 vote for such candidates. 1903, Sess. 2, c. 22, s. 17. 
 
 18. The 'term of office of the mayor elected at the first dec- of^ayor"*''''^ 
 tion shall if such election be prior to the first day of July be 
 
 until the end of the then calendar year and if such election be 
 not prior to the first day of July then imtil the end of the then 
 next ensuing calendar year. 1903, Sess. 2, c. 22, s. 18. 
 
 19. The three candidates first nominated for councillors in Term ot ofBoe 
 
 ' T 1 .of douiicillors 
 
 the event of there being no poll or the three candidates receiv- 
 ing the highest number of ,yotes in the event of a poll being 
 held shall be declared elected for the term ending at the end of 
 the calendar year next following or next but one following the 
 date of the election according as such election is held prior or 
 not prior to the first day lof July and the remaining three can- 
 didates elected shall be declared elected for the term ending 
 with the then calendar year or the then next following 
 calendar year according as such election is held pr:or or not 
 prior to the firsfday of July. 1903, Sess. 2, c. 22, s. 19. 
 
 30. The persons qualified to vote at the first e'ect'on o^QuaUflcation 
 mayor and councillors shall be the persons mentioned in section 
 
 11 hereof. 1903, Sess. 2, c. 22, s. 20. 
 
 31. The returning officer shall be the secretary treasurer of Returni^nR^ 
 the said town and shall hold ioffice until his successor is secretary 
 appointed by 'the council, 1903, Sess. 2, c. 23, s, 21, 
 
876 
 
 Arrears of 
 taxes 
 
 Adjustment 
 of assets and 
 liabilities 
 
 MUNIOIPAL 
 
 22. All arrears of taxes upon persons or property within 
 the said town shall be payable to the town municipality and 
 may be collected in the same manner as if they had been taxes 
 imposed by the said town. 1903, Sess. 2, c. 22, s. 22. 
 
 I 
 I 
 
 33. The J;ieutenant Governor in Council may make such 
 •order as may seem fit for the adjustment of the assets and 
 liabilities between the said town and the rural municipalty. 
 1903, Sess. 2, c. 22,s. [23. 
 
 MUNICIPAL. 
 
 AMENDMENT. 
 
 1904, c. 6, 
 8 Oct., 1904 
 
 An Ordinance to amend Chapter 70 of The Con.soli- 
 dated Ordinances 1898, intituled "An Ordinance 
 respecting Municipalities." 
 
 [Assented to October 8, WOJt.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. and 3. *********** * 
 
 Bylaws tor 3. Auv bvlaw to be passed for contratcina a debt by bor- 
 
 contracting . . . , . » , ■■ ■ ^ 
 
 debts rowing money for any purpose may provide if the municipal 
 
 council sees fit: 
 
 (a) For the repayment of the principal of the debt and 
 interest in equal aggregate yearly sums during the 
 currency of the period within which the debt is to be 
 discharged or during the years in which principal is 
 payable; or 
 
 (6) For the repayment of the principal of such debt by 
 equal annual instalments of principal during the 
 years in which principal is payable ; and in such case 
 the municipal council shall issue one or more of the 
 debentures of the municipal corporation for the 
 amounts and payable at the times corresponding with 
 such instalments of principal; and each of such 
 debentures shall have coupons attached for payment 
 of the interest annually or semi-annually as the 
 bylaw may provide on the principal sum secured by 
 such debenture during the currency thereof. 1904, 
 c, 6, s, 3. 
 
MUTUAL FIKE INSUKANCE orjfr 
 
 4. The powers conferred by this Ordinance are not to be Powers 
 accounted as .diminishing the powers now possessed by any ^oSerred not 
 municipal corporation under any existing Ordinance. 1904/™'"''""^ 
 c. 6, s. 4. 
 
 5. Subject to the provisions of this Ordinance the Lieu- Powers of 
 lenant Governor in Council may from time to time by order inGoveraor" 
 council : '" •^""""'^ 
 
 1.. Sever any portion of the Territories forming part of a 
 municipality from such municipality; 
 
 2. Annex to any municipality any outlying area forming 
 one continuous area with such municipality ; 
 
 3. Settle and adjust any rights, liabilities or matters which 
 in consequence of the exercise of any of the foregoing powers 
 require to be adjusted. 
 
 (2) Every such order shall be published in the gazette and Publication 
 shall take effect according to its tenor. 
 
 (3) A municipality shall not be severed unless a petition of Severing area 
 the council of the municipalty and of a majorty of the resident annexing to 
 ratepayers of the portion proposed to be severed have been' 
 presented to the Lieutenant Governor in Council nor shall any 
 
 area be annexed to any municipality unless a petition of the 
 council of the mvmicipality and of a majority of the owners of 
 land in the area proposed to be annexed have been presented 
 to the Lieutenant Governor in Council. 1904, c. 6, s. 5. 
 
 MUTUAL FIRE INSURANCE. 
 
 An Ordinance respecting- Mutual Fire Insurance. 1903 sess 2, 
 
 r o c 21, 21 Nov., 
 
 1903 
 
 [Assented to November 21, 190S.'] 
 
 THE 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 Mutual Fire Insitr-short title 
 ance Ordinance." 1903, Sess. 2, c. 21, s. 1. 
 
 INTEEPEETATION. 
 
 2. Where the words following occur in this Ordinance they interpretation 
 shall be construed in the manner hereinafter mentioned unless 
 
 such construction be inconsistent with the context or subject 
 matter, viz. : 
 
S7S lEUTUAL FIEE IXSUKANCE 
 
 , ''Kegistrar" 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 organised in terms of this Ordinance 
 and empowered 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 con- 
 sideration 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. 1903, Sess. 2, c. 21, s. 2. 
 
 IJfCOK?OI!ATIO.V. 
 
 agreementto ^' Any thirty or more persons each having an insurable 
 
 form company ij^|^gj.gg|- jj^ property real or personal exposed to damage by fire 
 
 who may desire to form a mutual fire insurance compan^y 
 
 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 Ordin- 
 ance; 
 
 (&) The name of the company which shall contain the 
 words "mutual fire" and shall be subject to approval 
 by the registrar; 
 
 (c) The name of the city, town or other place in which 
 the principal office of the company is to be located ; 
 
 (rf) 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, tariff 
 and entrance fees to be determined by the provisional 
 directors of the company ; 
 
 (c) 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 ; 
 
:mtitual mke iksueance 879 
 
 (/) That the members are not individually I'iable for the 
 debts of the company beyond the amoimts 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 be accompanied 
 by an affidavit by the witness proving the signatures made 
 before some person authorised to take affidavits for use in the( 
 supreme court of the N"orth-West Territories. 
 
 (3) The total amount of insurance proposed to ba taken, 
 under such certificate shall be not less than thirty thousand 
 dollars. 1903, Sess. 2, c. 21, s. 3. 
 
 4. One duplicate of the said certificate shall be filed with incorporation 
 the 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 com- 
 mon seal. 1903, Sess. 2, c. 21, s. 4. 
 
 5. The registrar shall thereupon fix the date and place of First general 
 the first general meeting of the company and cause a notice to 
 
 be published in the next and one following issue of the official 
 gazette in the form following, viz. : 
 
 MUTUAL FIRE IXSUEAXGE OEDINAXGE. 
 
 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 limited. 
 
 The first general meeting of the company will be held iat 
 on the day of 190 , 
 
 at the hour of o'clock in 
 
 Begistrar. 
 
 19 . 1903, Sess. 2, c. 21, s. 5. 
 
 6. A copy of any certificate of incorporation filed in pursu- ceHifled^copr^ 
 ance of this Ordinance certified by the registrar or a copy of J^--p"-J^- 
 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. 1903, Sess. 2, c. 21, s. 6. 
 
880 
 
 MUTUAL FIEE INSUKANCE 
 
 Powers of 
 company 
 
 Forfeiture of 
 the corporate 
 powers 
 
 Directors may 
 
 exercise 
 
 powers 
 
 Provisional 
 directors 
 to appoint 
 officers 
 
 7. A mutual company so incorporated may sue or be sued 
 in any court under the icorporate name ; it may purchase, lease, 
 hold, sell, convey or mortgage any real or personal property 
 required for the business of the company or for the 'investment 
 of any reserve fund or other moneys belonging to the company ; 
 it may also invest funds belonging to the company on 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 remuneration and the 
 amount of the security to be required of them ; and it may 
 make bylaws not inconsistent with this Ordinance for thfl 
 management of its busness, the ,regulaton of the tariff of rates, 
 the levying of assessments and the terms and conditions of its 
 insurance policies. 1903, Sess. 2, c. 21, s. 7. 
 
 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 
 hundred 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. 1903, Sess. 2, c. 21, s. 8. 
 
 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. 
 1903, Sess. 2, c. 21, «. 9. 
 
 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 a treasurer and such other ofiicers as 
 may be required to hold office till after the first general 
 meeting of the company and shall also within such period 
 prepare ^ tariff of rates for pvemiimi 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 
 nnd shall also prepare such bylaws as they deem necessary to 
 regulate the business of the company or for any other purpose 
 to be suljmitted to the first general meeting of the company. 
 1903, Sess 2, c. 21, s. 10. 
 
MUTUAL FIRE INSUEANCE go-i 
 
 THE DIKECTOKS, TIIEIll ELECTIO^f AND POWERS. 
 
 11. The affairs of the company shall be managed by a boardfSora 
 of directors of not less than seven or more than fifteen members 
 the majority of whom shall be British subjects and all of whom 
 shall be members of the company and holders of insaranoe, 
 therein for at least one thousand dollars each. 1903, Sess. 2, 
 c. 21, s. 11. 
 
 13. At the first meeting of the company a board of directors First 
 shall be elected from amongst the subscribers • such board tqi'*"'*'''"'''' 
 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 thou-' 
 sand dollars. 1903, Sess. 2, c. 21,_s. 12. 
 
 13. The directors so elected shall hold ofiice and enjoy all|Termoi 
 the powers exercised by the directors elected as hereinafter- 
 provided until replaced or re-elected at the first annual meeting 
 
 of the company. 1903, Sess. 2, c. 21, s. 13. 
 
 14. In case an election of directors be not made on the dayj Failure of 
 on which it ought to have baen made the company shall notpropCTday 
 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 bylaw of 
 the company and in such case the directors shall continue to 
 hold office until their successors are elected. 1903, Sess, 2, 
 c. 21, s. 14. 
 
 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 compensations or allowances, take such secruity 
 from them as may be required for the faithful performance of 
 their respective duties and remove them ,and appoint others 
 instead. 1903, Sess. 2, c. 21, s. 15. 
 
 16. The said board may also adopt a tariff of rates for Tariff of rates 
 insurance and vary the same from time to time and determiuf^ 
 
 the sum to be insured on any property. 1903, Sess. 2, c. 21, 
 s. 16. 
 
 17. The board of directors may from itime to time makeRegniations 
 and prescribe such regulations or bylaws as to them may appear 
 
SSi) 
 
 MUTUAL ]?IEE INSURANCE 
 
 needful and proper respecting the funds and property of the 
 company, the duties of the officers, agents and assistants 
 thereof, 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 bylaws except in cases with 
 regard to which such regulations or bylaws 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 regula- 
 
 tions or bylaws shall not be repealed, 
 e. 17. 
 
 1903, Sess. 2, c. 21, 
 
 Bylaws to 
 
 require 
 
 confirmation 
 
 18. Every bylaw 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 bylaw to the same 
 or like effect shall have any force until confirmed at a general 
 meeting of the company. 1903, Sess. 2, c. 21, s. 18. 
 
 Board to 
 manage 
 property of 
 company 
 
 19. The board of directors shall superintend and have the 
 management of the funds and property of the company and of 
 all matters relating thereto not otherwise provided for. 1903, 
 Sess. 2, c. 21, s. 19. 
 
 Manager may 
 be a director 
 
 20. The 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 services in 
 such other form as the directors may determine. 1903, Sess. 
 2, c. 21, s. 20. 
 
 Paid ofHcers 
 not eligible 
 for directors 
 
 31. No paid officer or i5erson in the employment of the 
 company 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. 1903, Sess. 2, c. 21, 
 s. 21. 
 
 hiido'fflcefor ^^' ^^^ directors of the company shall hold office for a 
 one year period of One year but shall be eligible for re-election. 1903 
 Sess. 2, c. 21, s. 22. 
 
 quorum at an ^^- ^^ ^^^ ^^'^^^ 0^ ^ quorum not being present at the annual 
 fng^dirSra general meeting of the company the retiring directors shall 
 to hold office hold office until their successors are appointed and the board 
 
MUTUAL FIRE INSURANCE 88'') 
 
 shall convene another general meet'ing to be held within two 
 months of the date of the annual general meeting to transact 
 the business of the annual general meeting. 1903, Sess. 2, c. 
 21, s. 23. 
 
 34. In the event of a vacancy arising ou ttie board of J,^'"8«t^o^^J<' 
 directors through the death, insolvency, disqualification or »' board 
 resignation of any of the directors or through the absence from 
 
 three consecutive meet'ings of the board of any member with- 
 out 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 office until the next annual general meet- 
 ing of the company. 1903, Sess. 2, c. ,21, s. 2i. 
 
 35. The board may issue debentures, mortgages or promis-Borrowing 
 
 ,. „ 1 1 • powers of 
 
 sory notes m favoiir of any person, firm, company or banking board 
 institution 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 
 repayment as they may think proper ; and they may renew 
 such debentures, mortgages or promissory notes from time to 
 time if necessary within 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. 1903, Sess. 2, c. 21, s. 25. 
 
 36. The board shall not loan money to or borrow mone.y Lending 
 from any director of the company or enter into any contract director! ° ' 
 with any director other than the issue of a policy of insurance 
 
 in the ordinary course of business. 1903. Sess. 2, c. 21, s. 26. 
 
 37. The directors may be paid a reasonable allowance f or Directora^ 
 travelling expenses to attend meetings of the board or to attend ^nu^emji^g 
 
 to the business of the company. 1903, Sess. 2, c. 21, s. 27. 
 
 38. At any annual general meeting of the company it shall ^j;"„!J|;{ 
 
 be lawful to vote to the directors or any of them for the pre- ^„«|tw ^^^t 
 ceding year such sum or sums of money as may be deemed '° 'i'™<='°" 
 reasonable remuneration for their services. 1903, Sess. 2, c. 
 21, s. 28. 
 
 iMEMBEES. 
 
 39. The company through its board of directors may admit Admission ot 
 as a member thereof the owner of any pr.operty real or personal 
 
 by the issuance to such owner of a policy of mutual insurance 
 insuring such owner against loss in respect thereof as herein- 
 
884 
 
 MUTTTAL FIEE INS-UEANCE 
 
 after provided and every person so admitted shall be entitled 
 to like rights and be subjected to like liabilities as other mem- 
 bers of the company. 1903, Sess. 2, c. 21j s. 29. 
 
 Applicant not 
 a member 
 
 30. No applicant for insurance shall be deemed a member 
 of the company or be entitled to be elected as a director of the 
 company or be entitled to take part in any pf the company's 
 meetings until his policy of insurance has been issued to him. 
 1903, Sess. 2, c. 21, s. 80. 
 
 Member may 
 withdraw 
 with consent 
 of directors 
 
 31. Any member of a company may with consent of the 
 directors at any time withdraw therefrom upon such terms as 
 the directors may require in respect of his obligations to the 
 company. 1903, Sess. 2, c. 21, s. 31. 
 
 Limitation of 
 liability 
 
 33. No member of a company shall be liable in respect of 
 any loss or other claim or demand against the company othern 
 wise than upon and to the extent of the amount unpaid upon 
 his premium note or other undertaking. 1903, Sess. 2. c. 21, 
 s. 32. 
 
 MEETINGS OF THE COMPANY. 
 
 meating"^'^* 33. At the first general mfeeting of the company the mem- 
 bers 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 bylaws as shall be necessary in 
 the interests of the company and they may appoint auditors! 
 or other officers of the company. 1903, Sess. 2, c. 21, s. 33. 
 
 Annual 
 general 
 meetings 
 
 34. Meetings of the members of a mutual company shall be 
 held in every year within two nionths after the thirty-first day 
 of December at such time and place as may be prescribed by 
 the directors or by the bylaws of the company. At such 
 meeting in addition to the election of directors there shall bei 
 submitted and considered a report of the transactions ojf the 
 company for the preceding year together with a full statement 
 of its affairs exhibiliing in detail its receipts and expenditures 
 and its assets and liabilities and a report by the auditors of the 
 company thereon. , 1903, Sess. 2, c. 21, s. 34. 
 
 Special 
 meeting 
 
 35. A special meeting of the members shall be convened by 
 the directors at the written request of ten members of the com-' 
 pany and the directors may themselves convene such a meeting 
 when occasion requires ; notice in either case shall be given ir^ 
 the manner hereinafter provided. 1903, Sess. 2,,c. 21, s. 35. 
 
MUTUAL FIKE INSUKANCI; ggg 
 
 36. ISTotice of an annual or special meeting of the company Notices of 
 shall be published in one or more daily or weekly newspapers sp^aig^/uerai 
 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 last known postal address of the membera 
 at least fourteen days previous to the date of the meeting;. 
 1903, Sess. 2, c. 21, s. 36. 
 
 37. Each member of the company shall be entitled at all Votes at 
 meetings of the company to the number of the votes proper- ™^*'"'^^ 
 tioned to the amount by him insured according to the following 
 rates that is to say : For any sum under one thousand dollars, 
 
 one vote; from one thousand dollars to three thousand dollars, 
 two votes. 1903, Sess. 2, c. 21, s. 37. 
 
 QUORUM AT MEETINGS. 
 
 38. Fifteen members actually present shall form a quonmi Quorum at 
 
 J. n J." i- ,1 -. n -.. , ,, , general and 
 
 at all meetings oi the company and five directors shall be aboard 
 
 ,, , - . _. meetings 
 
 quorum at all board meetmgs. 1903, Sess. 2, c. 21, s. 38. 
 
 OFFICEES AND EECOEDS. 
 
 39. The treasurer, secretary or other officer having charge Treasurer to 
 
 .,. ■' o a give security 
 
 01 the funds of the company shall give security to the satisfac- 
 tion of the board of directors in an amount to be fixed by a 
 general meeting or by the directors but not to bs less thaji 
 $2,000 for the faithful discharge of his duties. 1903, Sess. 
 2, c. 21, s. 39. 
 
 40. Every mutual company shall keep full and distinct Fuh records of 
 records of all its business and transactions including registers done to be 
 of all policies issued and premium notes and cash payments 
 received in respect thereof; books of account showing all cash 
 transactions; minute books and letter books and such o^her 
 
 records as are usual and necessary to give a full and clear idea 
 of the operations of the company ; ^nd 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. 1903, 
 Sess, 2, c. 21, s. 40. 
 
 41. At the annual general meeting o' at a special meeting Auditors of 
 of which due notice has been given one or more auditors of the t°be,^^^^ 
 company may be appointed who shall make periodical or special 
 examination of the books of the company and r-eport to tbe 
 directors thereon and who shall receive such remuneration as 
 
 may be fixed by that or any other meeting of the directors of 
 the company, IppS, Sp§@, 3, c. 21, s. 41. 
 
886 
 
 MUTUAL FIKE INSURANCE 
 
 EETUENS. 
 
 to the 43. Within one month after the annual general meeting in 
 
 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 the real estate; 
 
 (6) 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 agents' 
 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 arrear thereon ; 
 
 (e) The amount of assessments on premium notes or 
 undertakings on hand ; 
 
 (f) The amount still payable upon premium notes or 
 undertakings on hand; 
 
 (g) Other amounts due to the company; 
 Secondly, the liabilities of the company specifying: 
 
 (a) The amount of losses due and yet unpaid; 
 
 (b) The amount of claims for losses resisted; 
 
 (c) The amount of losses incurred during the year 
 including those claimed but not adjusted ; 
 
 (d) The amount payable for money borrowed and secur- 
 ity given and interest payable ; 
 
 (e) The amount of all other existing claims against the 
 company ; 
 
 (/) 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 no'tes; 
 
 (b) Xte amount of premium notes or undertakings; 
 
 (c) The amount of interest received; 
 
 (d) The" amount of income from all other sources ; 
 
 It 
 Fourthly, the expenditure during the vear specifying : 
 
MUTUAL FIRE INSUKANCE 887 
 
 (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 statement 
 and the amount at which such prior accrued losses 
 were estimated in such preceding statement; 
 
 (6) 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 bylaws adopted ]oy the direc- 
 tors or by a general meeting during the preceding year ; 
 
 Sixthly, the names of the president, vice president, secretary 
 treasurer, directors and auditors of the company appointed for 
 the current year. 1903, Sess. 2, c. 21, s. 42. 
 
 43. Any company shall further when required make prompt special 
 and explicit answer in reply to any inquiries in relation to its ^^^^™^ 
 transactions which may be required by the Lieutenant Governor 
 
 in Coimcil ; 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 secre- 
 tary shall be subject respectively on summary conviction for 
 each offence to a fine or penalty of fifty dollars to ,be recovered 
 on behalf of his Majesty for the use of the Xorth-West Terri- 
 tories. 1903, Sess. 2, c. 21, s. 43. 
 
 INSURABLE PROPERTY. 
 
 44. A mutual company may insure the owners of dwelling subjects that 
 houses, household furniture, machinery, live stock, farm pro-™sured 
 duce, farm buildings and implements, churches, schools, 
 creameries, cheese factories, warehouses, stores and merchan- 
 dise, and other buildings and commodities situated in the 
 Territories against loss through damage of such subjects by fire 
 
 or lightning 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. 1903, Sess. 2, c. 
 21, s. 44. 
 
 45. Contracts of insurance by mutual companies shall not contracts of 
 
 T, .. TT ., insurance not 
 
 exceed the term of three years and unless a mutual company to exceed 
 has a reserve fund of at least two thousand dollars and pre- ^^^'^^^^^ ■ 
 mium notes and undertaking's to the amount of at least five 
 thousand dollars no single risks shall be undertaken and held 
 
MUTUAL riEE INSURANCE 
 
 am"uQT ^t ^^ ^^^ company alone for an amount larger than two thousand 
 risk dollars. The maximum amount of any single risk that can be 
 
 undertaken and held by a mutual company alone is three thou- 
 sand dollars. 1903, Sess. 2, c. 21, s. 45. 
 
 mutual 46. AH contracts of mutual insurance sealed with the seal 
 
 contracts 01 the Company, signed by the president or vice president and 
 countersigned by the secretary shall be binding on the com- 
 pany. 1903, Sess. 2, c. 21, s. 46. 
 
 be?e™ewX'' *'^- Any contract may be renewed at the discretion of the 
 
 receipt^"'*^ board of directors by renewal receipts instead of a new policy 
 
 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. 1903, Sess. 2, c. 21, s. 47. 
 
 rate'u) be" '^^' The minimum rate to be charged .or taken by any com- 
 
 " ^^^^ pany for insuring first class isolated nonhazardous property) 
 
 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. 1903, 
 Sess. 2, c. 21, s. 48. 
 
 49. The directors of a mutual company may make arrange- 
 ments with any mutual or stock company carrying on business 
 in the Dominion of Canada for reinsurance of risks under- 
 taken by the company on such terms and conditions as to 
 premiums and rates of losses as may be arranged. 1903, Sess. 
 2, c. 21, s. 49. 
 
 ^a'^lfeihiuon ^^' ^^ ^^^ policy be cancelled or avoided by the company 
 of policy ^jjg liability of the insured on his premium note or undertaking 
 shall cease from the date of such cancellation or avoidance on 
 account of any loss that may occur to the company thereafter 
 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 
 the company up to such period and a condition to this effect 
 shall be indorsed on the policy. 1903, Sess. 2, c. 21, s. 50. 
 
MUTUAL imiK INSUUAXCJi 889 
 
 51. If the company become entitled to avoid a poliay for Assignment 
 
 -1 . . .(,,..„ ^ "^ of property 
 
 alienation or partial alienation oi the insured property or of insured 
 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 policy 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 conditions to which the original party 
 insured was entitled and subject: 
 
 Provided however that in case where the assignee is a 
 mortgagee 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 ; bit in, such 
 cases the premium nOte or undertaking and liability of the 
 mortgagor in respect thereof shall continue and be in no wise 
 affected. 1903, Sess. 2, c. 21, s. 51. 
 
 52. The company may accept premium notes or the under- Copipany may 
 
 ^ ' "' '^ ^ , . accept pre- 
 
 taking of the insured for insurances and may issue policies mium note 
 thereon said notes or undertakings to be assessed for the 
 losses and expenses of the company in manner hereinafter 
 provided. 1903, Sess. 2, c. 21, s. 52. 
 
 PREMIUM NOTES AND ASSESSMENTS. 
 
 53. The directors may demand a part of the amount P'^rt payment 
 of premium note or undertaking at the time that applicationnotes 
 
 for insurance is made ; and such first payment may be in cash 
 or by promissory note and may be credited upon said premium 
 note or undertaking or against future assessments. 1903, 
 Sess. 2, c. 21, s. 63. 
 
 54. The directors may collect a portion of the premium in Pf^L^^''""'"' 
 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. 
 1903, Sess. 2, c. 21, s. 54. 
 
890 
 
 MUTUAL FIEE INSUBANCE 
 
 Assessments 
 on premium 
 notes 
 
 55. The directors may make assessments upon premium^ 
 notes before losses have happened or expenses have been 
 incurred and any surplus from such assessment shall become 
 part of the reserve fund. 1903, Sess. 2, c. 21, s. 55. 
 
 Manner of 
 assessment 
 
 56. AH premiiun notes or undertakings belonging to the 
 company shall be assesssed 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 arid 
 in respect for which they are liable 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 
 assessment shall become payable in thirty days after notice of 
 such assessment shall be mailed to such member or person whci 
 has given the premiiim note or undertaking directed to his 
 post office address as given in his original application or in 
 writing to the secretary of the company. 1903, S'ess. 2, c. 21, 
 s. 56. 
 
 Voidance of 
 policy on 
 default in 
 payment of 
 assessments 
 
 57. If the assessment on the premium note or undertaking 
 upon any policy be not paid within thirty days after the day 
 on which the said assessment shall have become due the policy 
 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 nonpajnnent : 
 
 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 assessment 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. 1903, Sess. 2, c. 21, 
 s. 57. ' r ■ 
 
 Notice of 
 assessment 
 
 58. A notice of assessment upon any premium note or 
 undertaking mailed as aforesaid shall be deemed sufficient if it 
 embody the number of the policy, the period over which the 
 assessment extends, the amount of the assessment, the time 
 when and the place where payable. 1903, Sess. 2, c. 21, s. 58. 
 
MUTUAL FIRE INSURANCE 891 
 
 59. The assessment upon premium notes or undertakings A'^sessmcn's 
 
 , ii 1 , . . , , o to be pi-o rata 
 
 Shall always be m proportion to the amount of said notes or 
 
 undertakings having regard to the branch or department to 
 
 which their policies respectively appertain. 1903, Sess. 2, 
 c. 21, s. 59. 
 
 60. If any member or other person who has given a Right of suit 
 premium note or undertaking shall for thirty days after notice paymeTt 
 of assessment shall have been mailed to him in manner afore- 
 said neglect or refuse to pay such assessment the company may 
 
 sue for and recover the same with costs of suit and such 
 proceeding shall not l:c a waiver of any forfeiture incurred by 
 such nonpajinent. 1903, Sess. 2, c. 21, s. 60. 
 
 ence 
 in suit 
 
 61. Whenever any assessment is made on any premium Kvidei 
 note or undertaking given to the company for any risk taken 
 by the company or as a consideration for any policy of insur- 
 ance issued or 'to be issued by the company and an action is 
 brought to recover such assessment the certificate of the secre- 
 tary of the company specifying such assessment and th0 
 amount due to the company on such note or undertaking by 
 means thereof shall be taken and received as prima facie evid- 
 ence thereof in any court in the ISTorth-West Territories. 
 1903, Sess. 2, c. 21, s. 61. 
 
 63. If there is a loss on property insured by the company ^°tetobe"' 
 the directors may retain the amount of 'the premium note^^'^'^^^j^^^ 
 given fdr insurance thereon until the time has expired f or ^° ™pj.^"i^"'^ 
 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 due under fixed payments. 1903, Sess. 2, c. 21, s. 
 62. 
 
 63. Forty days after the expiration of the term of insur- Note to be 
 
 J <! i ^. . . given np litter 
 
 ance the premium note given for the insurance policy shall term of ^ 
 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. 1903, 
 Sess. 2, c. 21, s. 63. 
 
 64. The company may form a reserve fund to consist of all Reserve fund 
 moneys which shall remain on hand at the end of each year' 
 
 after payment of the ordinary expenses and losses of the 
 company; 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 
 
.S!):i 
 
 MUTUAL FIEE INSURANCE 
 
 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 
 of 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 JSTorth-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. ^ 1903, Sess. 2, c. 21, s. 64. 
 
 Reser^'e f niirl 
 to be the 
 property of 
 company 
 
 (55. The reserve fund shall be the property of the company 
 as a whole and no member shall have any right to claim any 
 share or interest therein in respect of any payment contributed 
 by him towards it but in the event of the company being 
 wound up possessed of an existing reserve fund the then mem- 
 bers shall be entitled to divide the same among themselves pro 
 rata according to the amount of their premium notes with the 
 company. 1903, Sess. 2, c. 21, s. 65. 
 
 CASH PREMIUM INSURANCE. 
 
 Short term 
 poUcies may 
 be issnefl on 
 cash plan 
 
 66. A mutual company may effect policies of insurance on 
 the cash premium plan for periods not exceeding one year ami 
 the directors shall prepare a tariff of rates for such policies 
 but no single risk shall be undertaken of a larger amount than' 
 two thousand dollars. 1903, Sess. 2, c. 21, s. 66. 
 
 67. Policy holders under the cash plan shall not as such be 
 by'to'be"''""'^ ™^'^^^®^^ ^^ ^^^ company or have any liability for its debts or 
 
 Policy holders 
 under cash 
 
 members of 
 company 
 
 obligations. 1903, Sess. 2, c. 21, s. 67. 
 
 BEANCHES OE DEPAETMENTS. 
 
 Separate 
 branches 
 
 68. Any company may separate its business into branches 
 or departments with reference to the nature or classification 
 of risks or of the localities' in which insurances may be 
 effected. 1903, Sess. 2, c. 21, s. 68. 
 
 ke"pt"eparlt'e* ^^' The directors of every company so separating its busi- 
 ness 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. 1903, Sess. 2, c. 
 21, s. 69. 
 
MUTUAL FIEE INSUEANCE gOC 
 
 ■^O. All necessary expenses incurred in the conducting and ApporUon- 
 management of any such company shall be assessed upon and "ip" nsL 
 divided between the several branches in such proportion as the 
 directors may determine. 1903, Sess. 2, c. 21, s. 70. 
 
 MISCELLANEOUS. 
 
 •71. The provisions of The Fire Insurance Policy Oriin-^^j'? insurance 
 ance shall apply to all policies issued by a mutual company °pp}y'JS'if,^° 
 bu't it shall be optional with the directors to pay or allow claims ™|'|^^° 
 wtich are void under the 3rd, 4th or 8th of the statutory con- '° '"''' 
 ditions in said Ordinance and to waive the objections therein 
 mentioned. 1903, Sess. 2, c. 21, s. 71. 
 
 73. The company may hold such lands only as are requisite tohoid°and^J''' 
 for the accommodation of the company in the transaction of its 
 business or such lands as have been hona fide mortgaged to it 
 by way of security or conveyed to it in satisfaction of debts 
 contracted in the course of its dealings 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. 1903, 
 Sess. 2, c. 21, s. 72. 
 
 73. In the event of judgment being obtained against a Judgment 
 mutual company the issue of execution shall be stayed for sixty mutual 
 davs from the date of judgment. 1903, Sess. 2, c. 21, s. 73. t9 issue for 
 
 ■' ° J > ' sixty days 
 
 74. In the event of the corporate powers of the company winding up 
 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 receiver or receivers shall thereupon have the fiill 
 j)Ower and authority of directors in the matter. 1903, Sess. 
 2, c. 21, s. 74. 
 
 75. It shall be lawful for the receiver to use the reserve or Receiver to 
 guarantee funds if necessary to effect an equitable reinsurance reinsurance 
 of all risks held by the company whether held under the aTaii"abie "^^ 
 premium note plan or a short term policy on the cash plan. 
 
 1903, Sess. 2, c. 21, s. 75. 
 
 76. After winding up the affairs of the company the Receiver to 
 receiver shall file with the registrar a full statement of his 
 transactions and intromissions with copy of minutes of a gen- 
 eral meeting approving of his report and management. 1903, 
 
 Sess. 2, c. 21, s. 76. 
 
894 
 
 NOTAElES PUBLIC 
 
 CO. 1898, c. 2B 
 16March|,1899 
 
 NOTARIES PUBLIC. 
 
 An Ordinance respecting" Notaries Public, 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Appointments 1. 'pjjg Lieutenant Governor in Council may appoint by 
 commission under his hand and the seal of the Territories one 
 or more notaries public for the said Territories, provided that 
 no appointment shall be made of any person or persons who at 
 the time shall not be British subjects actually residing within 
 the said Territories. C. 0. 25, s. 1, and 1903, S'ess. 1, c. 10, 
 s. 1. 
 
 Powers 2, Every such notary shall have, use and exercise the power 
 
 of drawing, passing, keeping and issuing all deeds and con- 
 tracts, charter parties and other mercantile transactions in the 
 said Territories and also of attesting all commercial instru- 
 ments that may be brought before him for public protestation 
 and otherwise of acting as usual in the office of notary and may 
 demand, receive and have all the rights, profits and emolu- 
 ments rightfully appertaining and belonging to the said calling 
 of notary public during pleasure. C. O. 25, s. 2. 
 
 commission ^' ^0^ every commission issued under this Ordinance there 
 shall be payable the sum of $10 to the general revenue fund 
 of the Territories or such less sum as may he fixed iy the Lieu- 
 tenant Governor in Council. C. 0. 25, s. 3, and 1903, Sess. 1, 
 c. 10, s. 2. 
 
 ?ommi™io°n 4. Every commission issued under section 1 of this Ordin- 
 
 ance unless issued to an advocate of the North-West Terri- 
 tories and unless it is sooner revoked shall if the same has heen 
 issued lefore the passing of this Ordinance expire on the thirty- 
 first day of December, 1905', and shall if 'ike same is issued 
 after the passing of this Ordinance expire at the expiration of 
 two years from the thirty-first day of December of the year in 
 which it is issued. 1903, Sess. 1, c. 10, s. 3. 
 
 Daterfexpira- 5. j^^y notary puUic whosc Commission expires tinder the 
 
 beTtl'd'on ^°-ierms of the next preceding section shall write or stamp on 
 
 certificate ^yg^y affidavit, declaration or other certificate tcOcen or given 
 
 by him the date on which such commission expires. 
 
 (2) Any notary public failing to comply with the provisions 
 of this section shall be liable on summary conviction to a fine 
 not exceeding $10 and costs. 1903, Sess. 1, c. 10 s. 3. 
 
NOXIOUS WEEDS 89' 
 
 NOXIOUS WEEDS. 
 
 An Ordinance respecting Noxious Weeds. iw, soss. i, c. 
 
 19 June, 1903 
 
 [Assented to June 19, 1903.] 
 
 rpiIE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts- as follows : 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Noxious Weeds shoHuae 
 Ordinance." 1903, Sess. 1, c. 24, s. 1. ' 
 
 INTERPRETATION. 
 
 3. In this Ordinance unless the context otherwise requires : interpretation 
 . 1. The expression "noxious weeds" shall include tumbling 
 mustard, hares-ear mustard, common wild mustard, ball mus- 
 tard, tansy mustard, wormseed mustard, fajse flax, shepherd's 
 purse, stink weed, red root, Canada thistle, Eussian thistle, 
 ragweed, wild oats, Russian pig weed and blue burs; 
 
 2. The expression "department" means the department 
 of agriculture; 
 
 3. The expression "commissioner" means the commis- 
 sioner of agriculture ; 
 
 4. The expression "inspector" means an inspector appointed 
 u 11 e'er this Ordinance; 
 
 5. The expression "occupant" means a person occupying 
 or having the right | to occupy any land; 
 
 6. The expression "owner" includes every person who has 
 any estate or interest in land, or who has any right to be 
 vested with such an estate or interest. 1903, Sess. 1, c. 24, si 
 2 and 1904, c. 11, s. 1. 
 
 INSPECTORS AND OTHER OFEICERS. 
 
 3. The commissioner may from time to time appoint such Appointment 
 
 . ^ or inspectors 
 
 inspectors and other officers as may be required to carry out '^""^ officers 
 the provisions of this Ordinance, fix their remuneration and 
 define their duties. 1903, Sess. 1, c. 24, s. 3. 
 
 DUTY OF OWNER OR OCCUPANT OF LAND. 
 
 4. Every owner or occupant of land shall destroy all tobedestr^^'^d 
 noxious weeds thereon and if he makes default in so doing he 
 
896 NOXIOUS WEEDS 
 
 shall be guilty of an off'ence and on prosecution therefor by 
 an overseer of the local improvement district or by an 
 inspector or other officer under this Ordinance, shall oh sum- 
 mary conviction ther^eof be liable to a penalty not exceeding 
 $100 and costs. 
 
 (2) For the purpose of this Ordinance the owner, or occu- 
 pant of any land adjoining a public road shall be deemed to be 
 the owner or occupant of that portion of such road which lies 
 between the centre line thereof and the adjoining land of 
 which he is the owner or occupant. 1903, Sess. 1, c. 24, s. 4. • 
 
 DESTEUCTIOM" OF WEEDS. 
 
 CTopped'iands ^' -^7 iuspector finding noxious weeds growing in any 
 grain crop may notify the owner: 
 
 (a) To cut and burn or plough under such crop or any part 
 thereof within a stated time ; or 
 
 (h) To fence or bum the straw and screenings from such 
 crop within ten days after it is threshed. 1903, Sess. 1, c. 
 24, s. 5. 
 
 deatroy'weeds ^' -^^7 inspector finding noxious weeds growing on occupied 
 land shall notify the occupant thereof to destroy such weeds 
 within five days from the date of such notification. 1903, 
 Sess. 1, c. 24, s. 6. 
 
 dostroVweeds ''' ^^^7 inspector finding noxious weeds growing on unocr 
 cupied lands shall notify the owner by registered letter 
 addressed to his last known address, if any, to destroy such 
 weeds within five days from the date of such notice 1903, 
 
 Sess. 1, c. 24, s. 7. 
 
 Railway lands 8. ^j^y inspector finding noxious weeds growing on railway 
 right of way or any unoccupied lands owned by or forming 
 part of the land grant of any railway company shall notify 
 any section foreman or station agent of the railway company 
 by registered letter to destroy such weeds within five days from 
 the date of such notice. 1903, Sess. 1, c. 24, s. 8. 
 
 Mgition ^" ^^y inspector finding noxious weeds growing in or upon 
 
 company ^^j ^{iq}^ qj- i-ig}jt of way of any irrigation company shall 
 notify the manager, superintendent or ditch rider of such com- 
 pany by registered letter to destroy such weeds within five days 
 from the date of such notice. 1903, Sess. 1, c. 24, s. 9. ' 
 
 negieoung ^^' -^^J person to whom notice has been duly given under 
 
 wMda'"^"^ a-ny of the preceding sections who neglects to carry out the 
 
KOXIOUS WEEDS gcfj 
 
 directions contained therein shall be guilty of an offence and 
 on summary conviction thereof shall be liable to a penalty not 
 exceeding $100 and costs. 1903, Sess. 1, c. 24, s. 10. 
 
 11- In case noxious weeds are not cut down or otherwise procedure 
 destroyed on any land pursuant to any notice given by anlisrelaMcdor 
 inspector under this Ordinance or in case the name or addressg^,"en '' '''' 
 of the owner of such land is unknown, the said inspector or any 
 person or persons directed by him, may forthwith enter upon . 
 the land with the necessary teams and implements and destroy 
 such weeds in such manner as the inspector may see fit. 1903, 
 Sess. 1, c. 24, s. 11. 
 
 13- The amounts expended in the work performed under Recovery of 
 the next preceding section may be recovered from the owner orSruction 
 the occupant of the land by action in the name of the attorney 
 general or the inspector or by distress by the inspector or his 
 agent of any chattels on the land. 1903, Sess. 1, c. 24, s. 12. 
 
 13. Any such amount which has not been satisfied on orAmounta 
 before the first day of January next following its expenditure affl'^to'ioclii 
 shall be added to and form part of the local improvementa^eseSt"*^ 
 assessment of such lands in all respects as if it were an original 
 tax and it shall have the same effect on the land and may be 
 recovered in any of the modes available for the recovery of 
 such taxes and the amount so recovered shall be transmitted to 
 the Territorial treasurer and form part of the general revenue 
 fund of the Territories. 1903, Sess. 1, c. 24, s. 13. 
 
 14. Upon the secretary of a local improvement districtuverseer to 
 
 . . , • I* ,1 ■ • c , , 1 enter amount 
 
 receiving notice from the commissioner ol any amount to be against land 
 charged under the next preceding section against any parcel of 
 land in his district he shall enter the said amount against the 
 said land and until it is paid enter it in all returns to be made 
 by him in the same manner as unpaid local improvement 
 assessments. 1903, Sess. 1, c. 24, s. 14, and 1904, c. 11, s. 2. 
 
 15. A certificate purporting to be signed by the commis- certificate rf 
 sioner to the effect that an amount named therein has beentobeprim"" 
 expended during any year for the destruction of noxious weeds 
 
 upon any area of land described shall be prima facie evidence 
 that the amount named has been so expended. 1903, Sess. 1, 
 c. 24, s. 15. 
 
 SALE OE DISPOSAL OF GEAIW, ETC., COTTTAINTNG WEED SEED. 
 
 16. INTo person shall sell or dispose of, or offer for sale or saie. etc., of 
 disposal any grain, grass, clover or other seeds intended for the containing 
 purpose of seed in which there is seed of any noxious weed. "'^^ 
 1903, Sess. 1, c. 24, s. 16. 
 
898 
 
 NOXIOUS WEEDS 
 
 Sale, purchase 
 etc., of 
 cleanings, 
 containing 
 weed seed 
 
 m-i 'No person shall purchase or sell, barter or otherwise 
 dispose of or remove from any premises any bran, shorts, 
 chopped or crushed grain or cleanings containing seeds of 
 noxious weeds without first destroying the germinating quali- 
 ties of such seeds: 
 
 Provided that matter containing seeds of noxious weeds 
 may be removed from any grain elevator or warehouse for the 
 j'.nrpose of shee;^ feeding or for such other purposes as will 
 insure the complete destruction of the said) seeds, under the 
 authority of and subject to such regulations as may be pre- 
 scribed by the Lieutenant Governor in Council from time to 
 time which regulations shall be published in the official gazette. 
 J 903, Sess. 1, c. 24, s. 17. 
 
 levators etc. ^^' -^^ person shall place outside of any mill, elevator or 
 grain warehouse, except in a securely constructed building, 
 shed or covered bin, any matter containing the seeds of noxious 
 weeds without having first destroyed the germinating qualities 
 of such seeds. 1903, Sess. 1. c. 24, s. 18. , 
 
 THRESHING MACHINES TO BE CLEANED EEFOKE EEMOVAE. 
 
 Threshing 
 machines 
 
 19. Every person in possession or charge of any threshing 
 machine shall thoroughly clean out such machine immediately 
 after threshing at each place and before removing such machine 
 or any part thereof 'to another place, and shall display in a 
 prominent place upon his machine a card containing this pro- 
 vision, which will be furnished free upon application to the 
 department. 1903, Sess. 1, c. 24, s. 19. 
 
 PENALTIES. 
 
 Neglect of 
 duty by 
 inspector 
 
 30. Every inspector or other officer who neglects to perform 
 any duty placed upon him by this Ordinance shall in respect 
 of each instance of neglect be guilty of an offence and liable 
 on summary conviction thereof to a penalty not exceeding $25 
 and costs. 1903, Sess. 1, c. 24, s. 20. 
 
 Ordinance"' ^^' Violation of any provision of this Ordinance for which 
 no penalty is provided shall be an offence and the offender shall 
 on summary conviction be liable to a penalty not exceeding 
 $50 and costs. 1903, Sess. 1, c. 24, s. 21. 
 
 Bepeai 33. Chapter 22 of the Ordinances of 1899 and chapter 31 
 
 of the Ordinances of 1900 are hereby repealed. 1903, Sess. 1, 
 c. 24, s. 22. 
 
OFFICIAL AUDITOES 899 
 
 OBSERVANCE OF THE LORD'S DAY. 
 
 Bee lord's day profanation. 
 
 OFFICIAL AUDITORS. 
 
 An Ordinance respecting: Ofi&cial Auditors. mi, c. is. 
 
 -f^ ° 12 June, 1901 
 
 \_Assented 'h June 12, 1901.] 
 
 THE Lieutenant Governor by and 'vvith the advice and) 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 !• For the complete examination of the accounts of boards-^-PP"'"'"'^"'' 
 of school trustees, official trustees, village overseers, local 
 improvement district overseers, boards of trustees of irrigation 
 districts and such other accounts as the Lieutenant Governor 
 in Council or any member of the Executive Council is empow- 
 ered by any Ordinance to inquire into the Lieutenant Governor 
 in Council may appoint one or more official auditors. 1901, 
 c. 15, s. 1. 
 
 2. It shall be the duty of every official auditor to examine, ^"'^'"='' 
 check, audit and report upon all accounts which he is appointed 
 
 t) examine in the manner prescribed from time to time by the 
 Lieutenant Governor in Council. 1901, c.l5, s. 2^ 
 
 3. Unless it is otherwise provided by Ordinance the Lieu- Fees 
 tenant Governor in Council shall fix the fees payable to official 
 
 • auditors for any services performed by them. 1901. c. 15. 
 3. 
 
 OFFICIAL GUARDIANS, 
 
 See JTJDICATUEE. 
 
 ORDINANCES. 
 
 See oo]SrsoLiDATED okdin^nces 1898. 
 
 INTBBPKETATION. 
 
900 PAKTNEESHIPS 
 
 Partnerships. 
 
 Principal Ordinance (registration) CO. iSgS, t. ^5 
 
 Partnership Ordinance j8gg (to declare and amend 
 
 the law) i8gg, c. 7 
 
 iS March,' iTO A^ Ordinance Respecting Partnerships. 
 
 THE Lieutenant Governor by and with tlie advice and 
 consent of tlie Legislative Assembly of the Territories 
 enacts as follows: 
 
 EEGISTEATION OF GOPAETNEBSHIPS. 
 
 partnerships"' "'■■ ^^^ persons associated in partnership for trading, mann- 
 oeruin'cases f'lt'turing Or mining purposes in the Territories shall cause to 
 be filed in the office of the registration clerk of the registration 
 district for registration of chattel mortgages and other trans- 
 fers of personal property in the Territories in which they carry 
 on or intepd to carry on business a declaration in writing 
 signed by the several members of such partnership : 
 ^^ent '"^'''^"^'' Provided however that if any of the said members be absent 
 from the place where they carry on or intend to carry on busi- 
 ness at the time of making such declaration then such declara- 
 tion shall be signed by the members present, in their own names 
 and also for their absent comembers under their special 
 authority 'to that effect ; such special authority to be at the same 
 time filed with the said registration clerk and annexed to such 
 declaration. C. 0. 45, 
 
 "•& 
 
 dec"aratio'n ^* ^'^^^ declaration shall be in the form A in the schedule 
 
 to this Ordinance and shall contain the names, surnames, addi- 
 tions and residences of each and every partner or associate as 
 aforesaid and the name, style or firm under which they carry 
 on or intend to carry on such business and stating also the time 
 during which the partnership has existed and is lo exist also 
 declaring that the persons therein named are the only members 
 of such copartnership or association. V. O. 4;"), s. 2. 
 
 Time for filing 3. Such declaration shall be filed within six mouths next 
 after the formation of any such partnership and a similar 
 
 Changes in declaration shall in like manner be filed when and so often as 
 any change or alteration of partnership takes place in the mem- 
 bership of such partnership.or in the name, style or firm imder 
 which they intend to carry on business or in the place of resi- 
 dence of each member of said firm and every new declaration 
 shall state the altet?ition in the partnership. 0. 0. 45^ s. 3. 
 
PAET.NEKSIIJl'S 901 
 
 PERSON" USING TRADE NAME. KEGISTEATION. 
 
 4. Every person engaged in business for trading, manuf ac- individual 
 
 , • • • T T . . , . using trade 
 
 turmg or mining- purposes and who is not associated m part- name 
 nership with any other person or persons but who uses as his 
 business style some name or designation other than his own 
 name or who in such business uses his own name with the addi- 
 tion of "and company" or some other word or phrase indicating 
 a plurality of members in the firm shall cause to be filed as 
 aforesaid a declaration of the fact in writing signed by such 
 person. C. 0. 45, s. 4. 
 
 5. The declaration last aforesaid shall contain the name, P<™^°'' ?f 
 
 ' individual 
 
 surname, addition and residence of the person making the same declaration 
 and the name, style or firm under which he carries on or 
 intends to carry on business and shall also state that no other 
 person is associated with him in partnership and the same shall 
 be filed within six months of the time when such style is first 
 used. C. O. 45, s. 5. 
 
 REGISTRATION" BOOKS. 
 
 6. It shall be the duty of the registration clerk aforesaid to Registration 
 keep two alphabetical index books of all declarations of copart- 
 nership filed in his ofiice in pursuance of the provisions hereof. 
 
 C. O. 45, s. 6. 
 
 7. In one of such books, hereinafter called the "firm index "Firm index 
 book," the registration clerk shall enter in alphabetical order 
 
 the style of the respective firms in respect of which declarations 
 have been filed in his ofiice, and shall place opposite each entry 
 the names of the person or persons composing such firm and the 
 date of the receipt by him of the declaration in the manner 
 shown in form B in the schedule to this Ordinance. C. 0. 45, 
 s. 7. 
 
 8. In the second of such books, hereinafter called the "i^di- :;^MvKiuai 
 vidual index book," the said registration clerk shall enter in 
 alphabetical order the names of the respective members of each 
 
 of such firms and shall place opposite such entry the style -of 
 the firm of which such person is a member and the date of the 
 receipt of the declaration in 'the manner shown in form C in 
 the schedule to this Ordinance. C. 0. 45, s. 8. • 
 
 PENALTY FOR NONREGISTRATION. 
 
 9. Each and every member of any partnership or other per- FaUure to,^^ 
 sons required to register a declaration under the provisions of Ordinance 
 
902 PAETNEESHIPS 
 
 Penalty this Ordinance who fails to comply with the requirements 
 
 aforesaid shall forfeit the sum of one hundred dollars to be 
 recovered before any court of competent jurisdiction by any 
 person suing as well on his own behalf as pn behalf of her 
 Majesty; and half of such penalty shall belong to the general 
 revenue fimd of the Territories and the other half to the party 
 suing for the same unless the suit be brought as it may be by 
 the attorney general on behalf of her Majesty only, in which 
 case 'the whole of the penalty shall belong to the Territories 
 aforesaid. C. O. 45, s. 9. 
 
 EFFECT OF DEGLAEATION. 
 
 ?f dtdlrlwon* 1^' .The allegations made in the declaration aforesaid can- 
 not be controverted by any person who has signed the same nor 
 can they be controverted as against any party not being a 
 partner by a person who has not signed the same but who was 
 really a member of the partnership therein mentioned at the 
 time such declaration was made. C. 0. 45, s. 10. 
 
 H^^il'o'' °* 1^* Until a new declaration is made and filed by him or by 
 
 persons t/ »■' 
 
 declaration ^^^ copartners or any of them as aforesaid no such signer shall 
 
 declare does ^^ deemed to have ceased to be a partner; but nothing herein 
 
 ""onuiabiiity Contained shall exempt from liability any person who being a 
 
 partner fails to declare the same as already provided and such 
 
 person may notwithstanding such omission be sued jointly with 
 
 the partners mentioned in the declaration or they may be sued 
 
 alone and if judgment is recovered against them any other 
 
 partner or partners may be sued jointly or severally in an 
 
 action on the original cause of action upon which such judg- 
 
 Partners' ment was rendered nor shall anything in this Ordinance be 
 
 rig s m er ae gQ^gtj.^g(j ^0 affcct the rights of any partners with regard to 
 
 each other except that no such declaration as aforesaid shall be 
 
 controverted by any signer thereof. C. 0. 45, s. 11. 
 
 DECLARATION" OF DISSOLUTION. 
 
 Declaration 13. Upon the dissolution of any partnership any or all of 
 
 of dissolution , '■ , . . '' 
 
 the persons who compose such partnership may sign and file a 
 declaration certifying the dissolution of the partnership in the 
 form D in 'the schedule to this Ordinance. C. 0. 45, s. 12. 
 
 EEGISTKATION FEES. 
 
 Fees 13. The said registration clerk shall be entitled for filing a 
 
 declaration under this Ordinance to a fee of fifty cents and for 
 searches made in each of such books the following fees and no 
 more: 
 
PARTNERSHIPS 
 
 903 
 
 For searching in the firm index book, each firm $0 10 
 
 Tor searching in the individual index book, each name 10 
 
 For each certificate when required 25 
 
 C. O. 45, s. 13. 
 
 ^HEDULE. 
 FORM A. 
 
 Declaration of Copartnership. 
 
 ISTorth-West Territories^ 
 
 We, 
 
 of 
 
 m 
 
 (occupation) and of 
 
 (occupation) hereby certify: 
 
 1. That we have carried on and intend to carry on trade and 
 business as at in partnership under the 
 name and- firm of (or I or we) the undersigned 
 of in hereby certify that I (or we) 
 have carried on and intend to carry on trade and business as 
 
 at in partnership with 
 
 of and of (as the case may he). 
 
 2. That the said partnership has subsisted since the 
 day of one thousand 
 
 3. And that we (or I or we) and the said and 
 
 are and have been since the said day the only members of the 
 said partnership. 
 
 Witness our hands at this day of 
 
 one thousand 
 
 J'OIiM B. 
 Firm Index Book. 
 
 Style of firm. 
 
 John Smith & Co. . . 
 James Abbott & Son 
 'Bernard & Johnson. 
 
 Names of persons com- 
 posing the firm and their 
 residences. 
 
 John Smith, Moose Jaw. 
 Edward Ives, Regina . . . 
 James Abbott, Calgary. . 
 George Abbott, Calgary. 
 Arthur Bernard, Troy. . 
 Alexander Johnson, Troy 
 
 Date of filing 
 declaration. 
 
 15 Sept., 1889 
 10 Sept., 1889 
 1 March, 1889 
 
904 
 
 PAETNEESHIPS 
 
 FOEM C. 
 
 Individitai^ Index Book. 
 
 Xame of individual 
 
 Style of firm of 
 
 Date of filing 
 
 and residence. 
 
 which a member. 
 
 declaration. 
 
 Abbott, James, Calgary 
 
 James Abott & Son. 
 
 10 Sept., 1889 
 
 Abbott, George, do 
 
 do 
 
 do 
 
 Bernard, Arthur, Troy 
 
 Bernard & Johnson. 
 
 1 March, 1889 
 
 Johnson, Alex., Troy. . 
 
 Bernard & Johnson. 
 
 1 March, 1889 
 
 EORM D. 
 
 DECLAnATioN OF Dissolution of Paetneeship. 
 JSToeth-West Teeeitoeies, \ 
 
 P' 
 
 formerly a member of the firm of carrying on business 
 
 as at in the of 
 
 under the style of do hereby certify that the said 
 
 partnership was on the day of dissolved. 
 
 "Witness my hand at the day 
 
 of one thousand 
 
 A.B. 
 
 PARTNERSHIPS. 
 
 AMENDMENT. 
 
 29th'Aprii,i899 ^^ Ordinance to declare and amend the Law of 
 
 Partnership. 
 
 [Assented to April 29, 1899.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "Tlie Partnership Ordin- 
 
 anre 1899." 1899, c. 7, s. 1. 
 
PAETNEESHIPS 905 
 
 INTEEPEETATION. 
 
 3. In this Ordinance unless the context otherwise requires: interpretation 
 
 1. The expression "business" includes every trade, occupa-" Business" 
 tion or profession; 
 
 2. "Court" shall mean the supreme court of the North- j'Sge'i'n 
 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. 1899, c. 7, s. 2. 
 
 PAETNEESHIPS GENEEALLY. 
 
 Nature of Partnership. 
 
 3. Partnership is the relation which subsists between Partnership 
 
 T . . . , . .defined 
 
 persons carrying on a business m common with a view of 
 profit. 
 
 (2) The relation between members of any company or 
 association who constitute a body corporate under any law in 
 force in the Territories is not a partnership within the meaning 
 of this Ordinance. 1899, c. 1, s. 3. • 
 
 4. In determining whether a partnership does or does not Rules for 
 
 1 1 11 1 1 T 1 c m determining 
 
 exist, regard shall be had to the following rules : existence of 
 
 '" " partnership 
 
 1. Joint tenancy, tenancy in common, joint property, com- 
 mon property, or part ownership does not of itself create a 
 partnership as to anything so held or owned, whether the 
 tenants or o'wners do or do not share any profits made by 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 ; 
 
 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 a share, or of a payment 
 contingent on or varying with the profits of a 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 ; 
 
906 PABTXEESHifS 
 
 (b) A contract for the reniinieration 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 anniiity 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 liable as 
 such; 
 
 (d) The advance of money by way of loan to a person 
 engaged or about to 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 ayising from carrying 
 on the business, does not of itself make the lender a 
 partner with the person or persons carrying on the 
 business or liable as such, provided that the contract 
 is in writing, and a-igned 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. 1899, c. 7, s. 4. 
 
 In case of 5. In the event of any person to whom money has been 
 
 assignment c • • ^ 
 
 for benefit, of advanced by way of loan upon such a contract as is mentioned 
 
 creditors, etc., . i , V. ■ . /. i • • 
 
 postponement m the last forcgoing section, or of any buyer of a goodwill m 
 
 of rights of . , . ^ d J _o 
 
 person lending consideration of a share of the profits of the business, making 
 
 or selling in . r- i i r- !• i • t 
 
 consideration an assignment for the benefit of his creditors, enterina; into an 
 
 of share of ° i • t i i 
 
 proflts arrangement to pay his creditors less than one hundred cents 
 
 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. 1899, c. 7, s. 5. 
 
 Meaning rf 6. Persons Avho have entered into partnership with one 
 "Arm name" another are for the purposes of this Ordinance called collec- 
 tively a firm, and the name under which their business is 
 carried on is called the firm name. 1«99, c. Y, s. 6. 
 
I'ARTKERSIIIPS 907 
 
 Belaticms of partners to persons dealing with them. 
 
 7. Every partner is an agent of the firm and his other Power ot 
 
 „ . . . partner to 
 
 partners for the purpose of the business of the partnership ; bind the Arm 
 and the acts of every partner who tjces any act for carryng on 
 in the usual v^ay 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 
 or believe him to be a partner. 1899, c. 7, s. 7. 
 
 8. An act or instrument relating to the business of the firm Partners 
 
 - , . , „ . , bound by acts 
 
 and done or executed m the firm name or m any other manner o- behalf 
 showing an intention to bind the firm, by any person thereto 
 authorised, 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. 1899, c. 7, 
 s. 8. 
 
 9. Where one partner pledges the credit of the firm for ^ cr^ed'it^offlrm 
 purpose apparently not connected with the firm's ordinary for private 
 course of business, the firm is not bound unless he is in fact 
 specially authorised by the other partner or partners ; but this 
 
 section does not affect any personal liability incurred by an 
 individual partner. '1899, c. 7, s. 9. 
 
 10. If i't has been agreed between the partners that any Effect of 
 
 , , (• £ notice that 
 
 restriction shall be placed on the power ot any one or more ot firm win not 
 them to bind the firm, no act done in contravention of the acts of partner 
 agreement is binding on the firm with respect to persons having 
 notice of the agreement. 1899, c. 7, s. 10. 
 
 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 ■ 
 severally liable in a due course of administration for such 
 debts and obligations so far as they remain unsatisfied but sub- • 
 jcct to the prior payment of his separate debts. 1899, c. 7, s. 
 11. 
 
 13. Where by any wrongful act or omission of any partner Liability of 
 acting in the ordinary course of the business of the firm or with w'rongs 
 'the authority of his copartners loss or injury is caused to any 
 
008 
 
 tARtSEUSHIPS 
 
 Misappli- 
 cation of 
 money or 
 property 
 received for 
 or in custody 
 of firm 
 
 person not being a partner in the firm or any penalty is 
 incurred the firm is liable therefor to the same extent as the 
 partner so acting or omitting to act. 1899, c. 7, s. 12. 
 
 13. In the following cases, namely : 
 
 (a) Where one partner acting within the scope of his 
 apparent authority receives the money or property of 
 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. 
 
 1899, c. Y, s. 13. 
 
 wrongsfjoint ^^- Every partner is liable jointly with his copartners and 
 andisev'erai g^]gQ severally for everything for which the firm while he is a 
 
 partner therein becomes liable under either of the two last 
 
 preceding sections. 1899, c. Y, s. 14. 
 
 Improper 15. If a partner being a trustee improperly employs trust 
 
 employment '■ ° ,< i i • 
 
 of trust property in the business or on the account oi the partnership 
 
 property for 1 -t^ -' . i . , , ^ n i 
 
 partnersiiip no other partner is liable lor the trust property to the persons 
 
 purposes ^ . x j. ./ 
 
 beneficially interested therein: 
 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. ICothing in this section shall prevent trust money from 
 being followed and recovered from the firm if still in its pos- 
 session or under its control. 1899, c. 7, s. 15. 
 
 Persons liable 
 by "holding 
 
 16. Every one who by words spoken or written or by con- 
 duct represents himself or who knowingly suffers himself to 
 be 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 wfiether 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. 1899, c. 7, s. 16. 
 
neri 
 
 PAETKERSHIPS 909 
 
 IT. An admission or representation made by any partner Admissions 
 concerning the partnership affairs and in the ordinary course eentationa of 
 ot its business is evidence against the firm. 1899, c. 7, s. 17. 
 
 18. Xotice to any partner who habitually acts in the part- Notice to 
 iicrship business of any matter relating to partnership affairs to be notice 
 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. 
 1899, c. 7, s. 18. 
 
 19. A person who is admitted as a partner into an existing Liability of 
 
 r. -, 1 IT Til 1 Ti-ir^ incoming and 
 
 nrm does not thereby become liable to the creditors of the nrm outgoing 
 
 !■ 1 ■ 1 1 c 1 1 partners 
 
 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 
 liabilities 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. 1899, c. 7, s. 19. 
 
 30. A continuing; guaranty given either "to a firm or to a Revocation of 
 third person in respect of the transactions of a firm is in the guaranty by 
 
 ^ ^ iij-jJi change in firm 
 
 absence of agreement to the contrary revoked as to tuture 
 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. 1899, c. Y, s. 20. 
 
 Relations of Partners to one Anvther. 
 
 31. The mutual rights and duties of parties, whether ascer- variation by 
 tained by agreement or defined by this Ordinance may be ter"ms"of° 
 varied by the consent of all the partners and such consent may P'^'tnership 
 be either express or inferred from a course of dealing. 1899, 
 
 c. 7, s. 21. 
 
 33. All property and rights and interests in property part nf-rship 
 
 •'■ ^ , ■' -, ■ , ^ ■ ^ 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 purpose^ 
 of the partnership and in accordance with the partnership 
 agreement. 
 
910 
 
 PAETNEKSHIPS 
 
 (2) Provided that the legal estate or interest in any land 
 which belongs to the partnership shall devolve according to the 
 nature and tenure thereof and the general rules of law thereto 
 applicable but in trust so far as necessary for the persons bene- 
 ficially 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 u^ed in like manner the land or 
 estate so purchased belongs to them in the absence of an agree- 
 ment to the contrary, not as partners, but as co-owners for the 
 same respective estates and interests as are held by them in the 
 land or estate first mentioned at the date of 'the purchase. 1899, 
 c. 7, s. 22. 
 
 bo°ght'with ^^' Unless the contrary intention appears property bought 
 money"^"'''^ with money belonging to the firm is deemed to have been bousfht 
 on account of the firm. 1899, c. Y, s. 23. 
 
 paHner^MT ^^' Where land or any interest therein has become partner- 
 treat^ed as" ^^ ®^^P Property it shall unless the contrary intention appears be 
 estot"*' treated as between the partners (including the representatives 
 
 ot a deceased partner) as personal or movable and not real 
 
 estate. 1899, c. 7, s. 24. 
 
 Procedure 35. After the commencement of this Ordinance a writ of 
 
 against 
 
 partnorship oxccution shall not issue against any partnership property 
 a partners except on a iudffment against the firm. 
 
 ■ separate ^ j o o 
 
 (2) The court or a judge thereof may in chambers on appli- 
 cation by summons by any judgment creditor of a partner make 
 an order charging that partner's interest in the partnership 
 property and profits with payment of the amount of the judg- 
 ment 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 
 ilirected to purchase the same. 1899, c. 7, s. 25. 
 
PAETNEESHIPS 911 
 
 36. The interest of partners in the partnership property P''^®^ ^? '» , 
 
 ,.,.., ,,.. ^ c r r J interests and 
 
 and their rights and dnties m relation to the partnership shall duties of 
 
 ,,.- ^ ': partners 
 
 DP determined subject to any agreement express or implied object to 
 between the partners l)y the following rules: agreement 
 
 1. All the ]-)artners are entitled to share equally in the 
 capital and profits of the business and must contribute equally 
 towards the losses whether of capital or otherwise sustained 
 by the firm ; 
 
 2. The firm must indemnify every partner in respect of 
 payments made and personal liabilities incurred by hiiri : 
 
 (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 ; 
 
 o. A partner making for the purpose of the jiartnership 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; 
 
 4. A partner is not entitled before the ascertainment of pro- 
 fits to interest on the capital stibscribed by him ; 
 
 5. Every partner may take part in the management of the 
 partnership business; 
 
 6. ISTo 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. 1899, c. T, s. 26. 
 
 37. Xo majority of the partners can expel any partner Expulsion o( 
 unless a power to do so has been conferred by express agree- ^^^ ^^^ 
 ment between the partners. 1899, c. 7, s. 27. 
 
 38. Where no fixed term has been agreed upon for the Retirement 
 duration of the partnership or if a partnership is continued partnership 
 
 '- at will 
 
912 
 
 PAETNEESHIPS 
 
 Where 
 partnership 
 (or term 
 continued 
 over, 
 
 continuance 
 on old terras 
 presumed 
 
 after a fixed term has expired any partner may determine the 
 partnership at any time on giving notice of his intention so to 
 do to all the other partners. 
 
 (2) Where the partnership has originally been constituted 
 by deed a notice in writing signed by 'the partner giving it shall 
 be sufficient for this purpose. 1899, c. 7, s. 28. 
 
 39. Where 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. 1899, c. 7, s. 29. 
 
 Partners to 30. Partners are bound to render true accounts and full 
 
 render 
 
 accounts, etc. information of all things affecting the partnership to any 
 partner or his legal representatives. 1899, c. 7, s. 30. 
 
 biiu.°"o'/'' 31. Every partner must account to the firm for any benefit 
 
 partners for^ derived bv him without the consent of the other partners from 
 
 private profits -^ _ ^ ^ ^ 
 
 any transaction concerning the partnership or from any use by 
 him of the partnership property, name or business connection. 
 
 (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. 1899, c. 7, s. 31. 
 
 33. If a partner without the consent of the other partners 
 carries on any business of the same nature as and competing 
 Avith that of the firm he must account for and pay over to the 
 firm all profits made by him in that business. 1899, c. 7, 
 s. 32. 
 
 33. An assignment by any partner of his share in the part- 
 nership either absolute or by way of mortgage, incumbrance 
 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 part- 
 nership business or affairs or to require any accounts of the 
 partnership transactions or to inspect the partnership books, 
 but entitles' the assignee only to receive the share of profits to 
 which the assigning partner would otherwise be entitled and 
 the assignee must accept the account of profita agreed to by 
 the partners. 
 
 Partner 
 competing 
 with firm to 
 account, etc. 
 
 Rights of 
 assignee of 
 share in 
 partnership 
 
PAETNEESHIPS 913 
 
 (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 
 "incumbrancee." 1899, c. 7, s. 33. 
 
 Dissolution of Partnership and, its Consequences. 
 
 34. Subject to any agreement between the partners a part- dissolution 
 
 1 . . 1 . -. -. by expiraitioii 
 
 nership is dissolved: of notice 
 
 (a) If entered into for a fixed term by the expiration of 
 that term; 
 
 (h) If entered into for a single adventure or undertaking 
 by the termination of that adventure or under- 
 taking ; 
 
 (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 communica- 
 tion of the notice. 1899, c. 7, s. 34. 
 
 35. Subject to any agreement between the partners every Dissolution 
 partnership is dissolved as regards all the partners by the death assignment 
 of any partner or by his assignment ol nis property m trust charge 
 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. 1899, c. 7, s. 35. 
 
 36. A partnership is in 'every case dissolved by the l^^V-alll^ty°ot^^ 
 pening of any event which makes it unlawful for the business partnership 
 of the firm to be carried on or for the members of the firm to 
 
 carry it on in partnership. 1899, c. 7, s. 36. 
 
 37. On application by a partner the court may decree a gj^'°oSri°" ^^ 
 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 
 
!)U 
 
 PAETNEESHIPS 
 
 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 as by any other partner ; 
 
 (h) When a partner other than the partner suing becomes 
 in any other way permanently incapable of perform- 
 ing his part of the partnership contract; 
 
 (c) When 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) When a partner other than the partner suing wilfully 
 or persistently commits a breach of the partnership 
 agreement or otherwise so conducts himself in mat- 
 ters relating to the partnership business that it is not 
 reasonably practicable for the other partner or part- 
 ners to carry on the business in partnership with 
 him; 
 
 (e) When the business of the partnership can only be 
 carried on at a loss ; 
 
 (/) Whenever in any case circumstances have arisen 
 which in the opinion of the court, render it just and 
 equitable that the partnership be dissolved. 1899, 
 c. 7, s. 37. 
 
 •wBr-'onH*'' 38. Where a person deals with a firm after a change in its 
 
 flrm'afaTIi'sf Constitution he is entitled to_ treat all apparent members of the 
 
 members of ^^^ ^TTa as stiU being members of the firm until he has notice 
 
 ^■^"^ of the change. 
 
 (2) The filing of a declaration under section 12 of chapter 
 45 of The Consolidated Ordinances 1898 and the piTblication 
 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 da'te of filing such declaration and 
 publication. 
 
 (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 dealing with the firm to be a partner, 
 retires from the firm, is not liable for partnership debts con- 
 tracted after the date of the death, assignment or retirement 
 respectively. 1899, c. 7, s. 38. 
 
 ^^'^}'^^^L„u,c 39. On the dissolution of a partnership or retirement of a 
 dissoiuuon partner any partner may publicly give notice of the same and 
 
PAETNEESI-IIPS 915 
 
 Tiiay require the other partner or partners to concur for that 
 purpose in all necessary or proper acts if any which cannot be 
 done without his or 'their concurrence. 1899, c. 1, s. 39. 
 
 40. After the dissolution of a partnership the authority of Continuing 
 
 1 J. 1 T • T 1 n 11 1 authority of 
 
 each partner to bind the nrni and the other rights and obliga- partners for 
 
 J. 1 . ., ° , ° purposes of 
 
 tions 01 the partners continue notwithstanding the dissolution winding up 
 SI far as may be necessary to wind up the affairs of the partner- 
 ship and to complete transactions begun but unfinished at the 
 time of the dissolution, but not otherwise. 1899, c. Y, s. 40. 
 
 41. On the dissolution of a partnership every partner is Righis of 
 entitled as against the other partners in the firm and all per- to application 
 sons claiming through them in respect of their interests as'property^'^^ '^ 
 partners 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 
 iuay be due from them as partners to the firm; and for tha,t 
 purpose any partner or his representatives may on the termina- 
 tion of the partnership apply to the court to wind up the 
 business and affairs of the firm. 1899, c. 7, s. 41. 
 
 43. Where one partner has paid a premium to another on Appointment 
 
 /ii Ti 1-°^ premium 
 
 entering into a partnership for a fixed term and the partnership when 
 
 TTTi- , .. -, 1. 1 partnership 
 
 IS dissolved before the expiration of that term otherwise than prematurely 
 
 1 11 J. "dissolved 
 
 by the death of a partner the court may order the repayment 
 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; 
 unless 
 
 (a) The dissolution is in the judgment of the court wholly 
 or chiefly due to the misconduct of the partner who 
 paid the premium ; or 
 
 (h) The partnership has\been dissolved by an agreement 
 containing no provision for a return of any part of 
 the premium. 1899, c. 7, s. 42. 
 
 43. Where a partnership contract is rescinded on the ground ^^ft'li'errh'ip" 
 of the fraud or misrepresentation of one of the parties thereto S of m'i'J- 
 the party entitled to rescind is without prejudice to any other ^presentation 
 right entitled : 
 
 (a) To a lien on or righ't 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 
 
916 PAETNEESHIPS 
 
 (h) 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. 1899, c. 7, s. 43. 
 
 ou^ofng ^^- Where any member of a firm has died or otherwise 
 
 certain^cases ceased to be a partner and the surviving or continuing partners 
 ms^ertte™*^'^ carry on the business of 'the firm with its capital or assets with- 
 issoiution Q^^^ g^jjy ;gjjj^| 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 amount of his share of the partner- 
 ship 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 
 i-3 duly exercised, the estate of the deceased partner or the out- 
 going partner or his estate as the case may be is not entitled to 
 arv further or other share or profits ; but if any partner 
 assuming to act in exercise of the option does not in all material 
 respects comply with the terms thereof he is liable to account 
 imder the foregoing provisions of 'this section. 1899, c. 7, s. 
 44. 
 
 de^ceaaed ""^ 45. Subject to any agreement between the partner? the 
 to be'l'debt''^^ iiiioi^int due from surviving or continuing partners to an out- 
 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. 1899, c. Y, s. 
 45. 
 
 distribution of 46. In Settling accounts between the partners after a disso- 
 settien?ent"'^' lution of partnership the following rules shall subject to any 
 of accounts j,gj.eement be observed : 
 
 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 were entitled to share profits ; 
 
 2. The assets of the firm, including the sums if any con- 
 tributed by the partners to make up losses or deficiencies of 
 capital shall be applied in the following manner and order : 
 
PAETNEESHIPS 91? 
 
 (a) In paying the debts and liabilities of the firm to 
 persons who are not partners therein ; 
 
 (6) 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. 1899, c. T, s. 46. 
 
 LIMITED PAETNEESHIPS. 
 
 41. Limited partnerships for the trasanction of any mer- Limited 
 cantile, mechanical, manufacturing or other, business within may be formed 
 the Territories may be formed by two or more persons upon the 
 terms, with the rights and powers and subject to the conditions 
 and liabilities hereinafter mentioned. 1899, c. 7, s. 47. 
 
 48. Such partnerships may consist of one or more persons of whom 
 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. 1899, c. 7, s. 48. 
 
 49. General partners shall be jointly and severally respon- Liability of 
 sible as general partners are by law but a special partner shall special 
 not be liable for the debts of the partnership except in- respect 
 
 of the amounts by him contributed to the capital. 1899, c. 7, 
 s. 49. 
 
 50. The general partners only shall be authorised to ^^^^^^^^ ^^j 
 transact business and sign for the partnership and to bind the ^^^[^g"g*g^";'^f(,_ 
 same. 1899, c. 7, s. 50. 
 
 51. The persons desirous of forming such partnership shall ^Ig^^^^ed'^ '° 
 make and severally sign a certificate which shall contain : 
 
 1. The name or firm under which the partnership is to be contents of 
 conducted ; 
 
 2. The general nature of the business intended to be trans- 
 acted ; 
 
 3. The names of all the general and special partners inter- 
 ested therein distinguishing which are general and which are 
 special partners and their usual places of residence; 
 
91 S 
 
 PARTNEESITIPS 
 
 4. The amount of capital which each special partner has 
 contributed ; 
 
 5. The period at which the partnership is to commence and 
 the period at which it is to terminate. 1899, c. 7, s. 51. 
 
 Form of 
 
 52. The certificate shall be in the words or to the effect of 
 form A given in the schedule to this Ordinance and shall be 
 signed by the several persons forming the partnership before a 
 notary public who shall duly certify the same. 1899, c, 7, 
 
 s. 52. 
 
 b^flled'" ^^' "^^^ certificate so signed and certified shall when the 
 
 Ijrincipal 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 jn the office of such deputy clerk otherwise it 
 shall be filed in the office of the clerk of the said court for the 
 judicial district in which such principal place of business is or 
 is to be situate and the certificate shall be recorded by such 
 
 To herccorded deik or deputy clerk at full length in a book to be kept for 
 that purpose and open to public inspection. 1899, c. 7, s. 53. 
 
 Fees for filing 
 aiHl 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 ^Iso 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. 1899, c. 7, s. 54. 
 
 Partnerships 
 not formed 
 until 
 
 fftftificate 
 filed 
 
 55. 1^0 such partnership shall be deemed to have been 
 formed 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 ail the engagements thereof as general part- 
 1899, c. 7, s. 55. 
 
 ners. 
 
 Corti float es of 
 continuance 
 
 56. Every renewal or continuance of a limited partnership 
 beyond the time originally fixed for its duration shall be certi- 
 fied, filed and recorded in the manner herein required for its 
 cri^nnal formation; and every such partnership otherwise 
 }'cnewed or continued shall be deemed a general partnership, 
 1899, c. 7, s. 56. 
 
 What 53. Every alteration made in the names of the partners, in 
 
 alterations to /.it- • i • t i . n n 
 
 be deemed the nature of the business or m the capital or shares thereof 
 
 diasolulion .„,.,.. 
 
 or in any other matter specified m the original certificate shall 
 be deemed a dissolution of the partnership and every such 
 partnership in any manner carried on after any such alteration 
 
PAETNEBSIIIPS 919 
 
 has been made shall be deemed a general partnership unless 
 renewed as a special partnership according to the provisions of 
 the next preceding section. 1899, c. 1, s. 57. 
 
 58. The business of a limited partnership shall be conducted Firm name 
 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. 1899, c. 7, s. 58. 
 
 59. Actions in relation to the business of the partnership Liability of 
 may be brought and conducted by aril against the general |artners to 
 partners in the same manner as if there were no special 
 partner. 1899, c. 7, s. 59. 
 
 60. No part of the sum which a special partner has con- Restrictions 
 tributed to the capital shall be withdrawn by him or paid or special "^ 
 transferred to him in the shape of dividends, profits or other- ''^' ""^"^^ 
 wise at any time during the continuance of the partnership ; 
 
 but any partner may annually receive lawful interest on the 
 si-m so contributed by him if the payment of such interest does 
 nut reduce the original 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. 1899, c. 7, s. 60. 
 
 61 . If it appears that by the payment of interest or profits when special 
 to a special partner the original capital has been reduced the torefund'^ 
 partner receiving the same shall be bound to restore the amount 
 necessary to make good his share of the deficient capital with 
 interest. 1899, c. 7, s. 61. 
 
 63. A special partner may from time to time examine into Privileges ot 
 
 ,. T special 
 
 the state and progress of the partnersnip concerns and may partners 
 advise as t.) 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. 1899. 'c. 7, s. 62. 
 
 63. The general partners shall be liable to account to each General 
 other and to the special partners for their management of the to account 
 concern in like manner as other partners. 1809, c. 7, s. 63. 
 
 64. In case of the insolvencv of the partnership no special Creditors 
 partner shall under any circumstances be allowed to claim as special 
 creditor until the claims of all the other creditors of the part- 
 nership have been satisfied. 1899, c. 7, s. 64. 
 
920 
 
 tAETNEESHlPS 
 
 dissoluuon"'^^ ^^" -^° dissolution of a limited partnership by the acts of 
 ^t;'*°"' ""'■■"^ the parties shall take place previous to th^ time specified in 
 the certificate of its formation or in the certificate of its 
 renewal, until a notice of such dissolution has been filed in the 
 ofiice in which the original certificate was recorded and has 
 been published once in each week for three weeks in a news- 
 paper published in the district where the partnership has, its 
 principal place of business and for 'the same time in The North- 
 West Territories Gazette. 1899, c. 7, s. 65. 
 
 partnerships, ^^* The provisions of the sections of this Ordinance num- 
 tospfoM*'"'^'''' leered from 2 to 46 both inclusive shall as regards limited 
 provisions partnerships be subject to the special provisions herein con- 
 tained regarding such partnerships. 1899, c. 7, s. 66. 
 
 SUPPLEMENTAL. 
 
 rui™o/equity ^^ ' The rulcs of equity and of common law applicable to 
 (uidcoiimion partnership shall continue in force except so far as they are 
 
 inconsistent with th,e express provisions of this Ordinance. 
 
 1899, c. 1, s. 67. 
 
 mentof""* ^^' This Ordinance shall come into operation on the first 
 
 r inance ^-j..^ ^£ July One tbousaud eight hundred and ninety-nine. 
 1899, c. 7, s. 68. 
 
 SCHEDULE. 
 
 FOKM A. 
 
 Ceetificate of Paetnership. 
 
 We. the undersigned, do hereby certify that we have enterea 
 into copartnership under the style or firm of (B.D. & Go.) 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. 
 
yi-XAKMACEUTlUAL ASSOCIATION Dlil 
 
 The said partnership uoiinueuced on the day of 
 
 1 and terminates on the day of 
 
 1 
 Dated this day of A. D. 1 
 
 (Signed) A.B. 
 CD. 
 E.F. 
 G.H. 
 
 Signed in the presence of me, 1 
 
 L.M., I 
 Notary Puhlic. j 
 
 1899, c. 7. 
 
 PEDLERS. 
 
 See AUCTIOWEEES, HAWKEES ABTD PEDLERS. 
 
 PENALTIES. 
 
 See EEMissioN' of penalties. 
 
 PERSONAL PROPERTY. 
 
 See BILLS OF sale. 
 
 conditional sales of goods. 
 
 factors and agents. 
 
 ]\raeeied women^s personal property. 
 
 SiiLES OF GOODS. 
 
 PHARMACEUTICAL ASSOCIATION. 
 
 An Ordinance respecting Chemists and Druggists. fg^iaTOh "isgg 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHORT TITLE. 
 
 !• This Ordinance may be cited as "The Pharmaceutical short uae 
 Association Ordinance/' C. O. 54, s. 1. 
 
 THE PHARMACEUTICAL ASSOCIATION. 
 
 2. All persons now registered or deemed to be registered "The Phar- 
 
 . • /• y-v T • "\T rt-i J!^on^nn j_ maceutical 
 
 nnder the provisions oi Ordinance jNo. z2 oi 1091-9.! respect- Association 
 ing chemists and druggists and all persons hereafter registered continued ' 
 under the provisions of this Ordinance shall constitute the 
 corporation called "The Pharmaceutical Association of the 
 
922 
 
 tllAEMACEUTlCAL ASSOCIATION 
 
 ISTorth-West Territories," and the said association shall be 
 deemed a body politic and corporate with power to sue or be 
 sued and acquire, sell, transfer and deal with real and per- 
 sonal property. C. O. 54, s. 2. 
 
 MEETINGS OF ASSOCIATION. COUNCIL. 
 
 General 
 meetings 
 
 Council 
 
 Voting at 
 meetings 
 
 3. There shall be general meetings of the said association 
 held from time to time as hereinafter mentioned and there shall 
 also be a council to direct and manage the affairs of the said 
 corporation; and the said general meetings and the council 
 shall have the entire direction and management of the said 
 corporation in the manner and subject to the regulations here- 
 inafter mentioned ; and at all general meetings and meetings of 
 the council the majority of the members present and having a 
 right to vote thereat respectively shall decide upon the matters 
 propounded to such meetings — the person presiding in case of 
 an equality of votes to have the casting vote. C. O. 54,' s. 3. 
 
 Council, Ave 
 members 
 
 4. The council of the association shall be composed of not 
 more than seven members to be elected in accordance with the 
 provisions hereinafter contained. C. O. 54, s. 4, and 1902, c. 
 
 7; S. 1. 
 
 Duration of 
 office 
 
 Resignation 
 
 Meetings 
 of association 
 
 5. The members of such council shall be elected or appointed 
 as the case may be for the period of two years but any member 
 may resign his appointment at any time by letter addressed to 
 the president or to the registrar of the council ; and tipon the 
 death, resignation or removal of any member of the council it 
 shall be lawful for the council to elect and appoint some other 
 person being a member of the association to supply the vacancy 
 so made; and the person so appointed shall be taken in all 
 respects as regards his duration of office to represent the person 
 in whose stead he has been appointed. C. O. 54, s. 5. 
 
 6. The association may hold general meetings once in the 
 year and also such special meetings as the council may from 
 time to time think proper; the annual general meeting shall 
 be held on the third Tuesday in the month of June in each! 
 year or such other day near thereto as shall be determined bj? 
 the council ; and further upon the recommendation in writing 
 of six members of the association entitled to vote requesting 
 the council to convene a special general meeting of the associa- 
 tion for the purpose specified in the requisition ; such meeting 
 shall be convened by the president within such reasonable time 
 as the council shall see fit — they first giving such notice thereof 
 as may be required by the bylaws of the corporation and the 
 purpose for which the same is convened. C. 0. 54, s. 6. 
 
tHAKMACEUTlCAL ASSOCIATION 923 
 
 7. The persons qualified to vote at elections of members of Election of 
 tlie council shall be such persons as are at that time members of coiuicii 
 the association and the time, place and manner of such elections 
 
 shall be as laid down by the bylaws of the corporation subject 
 to the provisions of this Ordinance. C. O. 54, s. 7. 
 
 8. No person shall be eligible to be elected a member of the Unregistered 
 council unless he be registered in pursuance of this Ordinance, ineligible 
 C. O. 54, s. 8. 
 
 9. T-he charge and conduct of elections shall be under the Conduct of 
 management of the registrar of the council. C. 0. 54, s. 9. 
 
 10. Every person entitled to vote may vote for seven per- votes 
 sons. C. O. 54, s. 10, and 1902, c. 7, s. 2. 
 
 !!• Such votes shall be given by closed voting papers to be Method 
 
 ,.■,,. , . ° . '' , -, ^ -,° '■ . . J. of voting 
 
 obtained from the registrar prior to the day oi election m form- 
 A in schedule 1 hereto or to the like effect signed by the voter 
 and delivered to the registrar on any of the twenty days pre- 
 ceding the day of election. Any voting papers delivered to the 
 said registrar by post during the time aforesaid shall be deemed 
 delivered to him. C. O. 54, s. 11. 
 
 13. The seven persons who have the highest number of votes Persona 
 
 1 • elected 
 
 shall be the members of the council for the two years following Duration of 
 the date of such election and until their successors are 
 appointed. C. O. 54, s. 12,, and 1902, c. 7, s. S. 
 
 13. Any person entitled to vote at any election shall be. voters present 
 
 •^ ^ , I, K . , at count 
 
 entitled to be present at the opening of the voting papers at 
 such election. C. O. 54, s. 13. 
 
 14. In case of an equality of votes between two or more Equality of 
 persons which leaves the election of one or more of the members 
 
 of the council undecided, the registrar shall in the presence of 
 the scrutineers forthwith put into a box a number of papersv 
 with the names of the candidates having such equality of votes 
 written thereon one for each candidate and the registrar in the 
 presence of the scrutineers shall draw by chance from such 
 ballot box one or more of such ballot papers sufficient to make 
 up the required number and the persons whose. names are upon 
 such papers so drawn shall be such members. C. O. 54, s. 14. 
 
 OFFICERS. 
 
 15. The council of the said corporation for the time being be elected 
 shall at their first meeting after the election of the council elect 
 
'.)24 
 
 PI-lAKi\JACEUTlCAL ASSOCIATIOiN' 
 
 f fi>m among their members a president, a vice president and n 
 registrar and such officers as the council may consider neces- 
 sary. C. 0. 54, s. 15. 
 
 PEOPEETY OF ASSOGIATIOK". 
 
 Property of 
 association 
 
 Sale or 
 mortgage 
 
 16. The council of the association shall have the sole control 
 and management of the real and personal property of such, 
 association subject to the bylaws thereof : 
 
 Provided alwavs that no sale or mortgage of any such prop- 
 erty shall be made except with the approbation and concurrence 
 of a general meeting of the members of the said corporation 
 specially called for such purpose. C. 0. 54, s. 16. 
 
 BYLAWS, EULES AND EEGULAXIONS. 
 
 General rules 
 and bylaws ' 
 
 17. The council shall have power to fix such fees, make such 
 bylaws, rules and regulations not inconsistent with the 
 provisions of this Ordinance as they shall deem necessary for 
 the carrying out of the objects of the association and from time 
 to time may amend, revoke or substitute others in their stead ; 
 and such fees, bylaws, rules' and regulations may also be 
 amended, altered or repealed in whole or in part at any annual 
 general meeting of the association provided previous notice be 
 given of the intention so to do, such notice to be given in 
 accordance with the bylaws in force for ihe time being. C. 0. 
 5-1, s. 17, and 1902, c. 7, s. 4. _ 
 
 EEGISTEE. 
 
 Registry to 
 be kept 
 
 18. It shall be the duty of the registrar to make and keep a 
 correct register in accordance with the provisions hereof of all 
 persons who are registered under the provisions hereof and to 
 enter their qualifications opposite the names of all registered 
 persons who. shall have filed a statement of such and from time 
 to time make the necessary alterations in the address of persons 
 so registered. C. 0. 54, s. 18. 
 
 Persons 
 entitled to 
 admission 
 
 19. The registrar upon receipt of the requisite fees shall 
 admit upon the register of the Pharmaceutical Association of 
 the North- AVest Territories: 
 
 1. Any person possessing a diploma or certificate of admis- 
 sion to practise as a pharmaceutical chemist in any part of her 
 ]\[ajesty's dominions by any pharmaceutical association or col- 
 lege of pharmacy empowered by law to grant such diploma or 
 certificate : 
 
PHAEMACEUTICAL ASSOCIATION ' 925 
 
 2. Any person who shall on or before the thirty-first day of 
 Decemier, 1902, produce satisfactory evidence that he has been 
 engaged in ihe actual practise of the profession of chemist and 
 druggist, or dispensing chemist or apothecary, either as clerk 
 or manager, for at least four years prior to the twenty-fifth day 
 of January, 1892, and who was at that time a resident of the 
 Territories ; 
 
 3. Any person complying with section 22 of this Ordinance. 
 0. 0. 54, s. 19 and 1902, c. 7, s. 5. 
 
 30. jSTo names shall be entered in the register except author- §^{f^\'Jf® "' 
 ised to be registered nor except the registrar is satisfied by^'^™'^^'"" 
 proper evidence that the person claiming is entitled to be 
 registered and any appeal from the decision of the registrai" ^P^^ftf^/™" 
 may be decided by the coimcil of the association and any enti-y 
 
 which shall be proved to the satisfaction of the council to have enMe"'*"' 
 been fraudulently or incorrectly made may be amended or 
 erased in the register by order of such council. C. 0. 54, s. 20. 
 
 31. Upon any person being registered as aforesaid he shall ^e^g'gtJ.aUon"* 
 be entitled to receive a certificate in form B in schedule 1 
 
 hereto or to the like effect under the corporate seal of the asso- 
 ciation and signed by the registrar and shall be entitled to 
 receive a similar certificate annually upon payment of a fee to 
 be determined by the coimcil. 0. O. 54, s. 21. 
 
 EXAMINATION OF STUDENTS. 
 
 33. Every candidate for examination shall'produce evidence Examination 
 that he has served at least four years in a drug store and shall ° ®'" "" ^ 
 pass an examination which shall embrace chemistry, pharmacy, 
 botany, materia medica, reading and translating prescriptions 
 and practical dispensing; and after passing this examination 
 and producing the required certificates shall be registered a 
 pharmaceutical chemist. C. O. 54, s. 22. 
 
 33. The examination referred to shall take place and be Rules for 
 
 ,,,, ,, ,,. ,, .. examinations 
 
 regulatea by such rules, regulations or bylaws as may be in 
 force at the time such examination is held ; and all candidates 
 for the same shall pay such fees as may be imposed by any 
 such rule5, regulations or bylaws. 0. 0. 54, s. 23. 
 
 34. The council of the association shall have authority, not- Examinations 
 withstanding anything contained in this Ordinance to prescribe 
 
 the subjects upon which candidates for competency shall be 
 examined and to establish a scale of fees to be paid by persons Fees 
 applying for examination. C. O. 54. s. 24. 
 
926 
 
 PIIAEMACEDTICAL ASSOCIATION 
 
 SALE OF POISONS. 
 
 Olsons 35^ rpjjg several articles named or described in schedules 2 
 
 and 3 hereto shall be deemed to be poisonous within the meaning 
 of the provisions hereof and the council of the association may 
 from time to time by resolution declare that any other article 
 in such resolution named ought to be deemed a poison within 
 the meaning hereof; and thereupon the said association shall 
 submit the same to the approval of the Lieutenant Governor in 
 Council ; and if such approval shall be given then such resolu- 
 tion and approval shall be advertised in The North-West Terri- 
 tories Gazette and on the expiration of two months from such 
 advertisement the article named in the resolution shall be 
 deemed to be "poison" within the meaning hereof and the same 
 shall be subject to the provisions herein contained. C. 0. 54, 
 s. 25. 
 
 26. It shall be unlawful to sell any poison named is ih'- 
 first part of said schedule 2 either by wholesale or retail unless 
 the bottle, vessel, wrapper or cover in which such poison is con- 
 tained is distinctly labelled with the name of the article and the 
 word "poison" : and if sold by retail then also with the name 
 and address of the establishment in which such poison is sold : 
 and it shall be unlawful to sell any poison mentioned in the 
 first part of schedule 2 to any person unknown to the s'Mii^r 
 imless introduced by some person known to the seller ; and on 
 every sale of such article the person actually selling the same 
 shall before delivery make an entry in a book to be kept for 
 that purpose in form C in schedule 1 hereto stating the date of 
 such sale, tb" name and address of the ]5urchaser, the name and 
 quantity ot the article sold, the purpose for which it is stated 
 by the. purchaser to be required, and the name of the person, if 
 any who introduced him, to which entry the name of the person 
 shall be affixed. 
 
 (2) Any person selling the drugs mentioned in schedule 3 
 hereto shall also comply with the provisions of this section. C. 
 0. 54, s. 26. 
 
 EEGISTEKED PEACTITIONEES. EESTEICTIONS. PENALTIES. 
 
 reg^Stered ^'^ ' ^'^J P^rson registered and no other shall be entitled a 
 
 persons "pharmaceutical chemist" ; and no other person except a phar- 
 
 maceutical chemist as aforesaid, or his employee or employees 
 shall be authorised to compound prescriptions of legally author- 
 pafd '" ^^ ised or other medical practitioners or of other persons ; and no 
 person shall be entitled to take part in any of the proceedings 
 of the said associatioji who is in default in respect to any fee 
 payable by him by virtue hereof. C. 0. 54, s. 27. 
 
PIIARIIACEUTICAL ASSOCIATION 927 
 
 38. It shall be unlawful for any person to keep open shop Prohibitions 
 
 J. ,•!• T • 1. . f -, against non- 
 
 lor retailing, dispensing or componding poisons other than members 
 those contained in schedule 3 hereto, or to assume the title 
 "chemist and druggist" or "pharmaceutical chemist" or "drug- 
 gist" or "pharmacist" or "apothecary" or "dispensing chemist 
 (druggist)" in any part of the North-West Territories unless 
 such person shall be a member of the association hereby incor- 
 porated. C. O. 54, s. 28. 
 
 29. No person selling any article or articles in violation of No recovery 
 the provisions of this Ordinance shall recover any charges in where 
 respect thereof in any court of law or equity nor shall any violated 
 branch drug business be carried on by a pharmaceutical Branch 
 chemist unless he employs in it a duly registered pharmaceu- 
 tical chemist. C. O. 54, s. 29. 
 
 30. Any person transgressing any of the provisions herein Penalties 
 contained, or selling any poison in violation thereof, shall for 
 
 the first offence incur a penalty not exceeding $100 and costs 
 of prosecution ; and for each offence subsequent to such convic- 
 tion a penalty not exceeding $200 and costs of prosecution to 
 be recovered in a summary manner before any justice of the 
 peace. C. O. 54, s. 30. 
 
 31. In any prosecution hereunder it shall be incumbent on prosecutions 
 the defendant to prove that he is entitled to sell or keep open 
 
 shop for compounding medicines or retailing poisons and to 
 
 Jassume the title of chemist and druggist or other like title to 
 
 the like effect; and the production of a certificate purporting 
 
 to be under the hand of the registrar and under the seal of the Evidence 
 
 said association showing that he -is so entitled shall be prima 
 
 facie evidence that he is so entitled. 0. O. 54, s. 31. 
 
 REMOVAL I-EOM KEGISTEE. 
 
 33. Upon the resolution of the council of the' association Removai^from 
 being passed declaring that any person, in consequence of _ his j.n^'P^pe'" 
 conviction for any offence or offences against the provisions 
 hereof, is in the opinion of such council unfit to be on the 
 register the Lieutenant Governor mlay direct that the name of 
 such person shall be erased from such register and it shall be 
 the duty of the registrar to erase the same accordingly. 0. O. 
 54, s. 32. 
 
 ■EXCEPTIONS FROM OPERATION OF ORDINANCE. 
 
 33. Nothing herein contained shall extend to interfere ^^ithBxcepUons m 
 the privileges conferred upon physicians and surgeons by any Medicai^^^^^^ 
 Ordinance relating to the practise of medicine and surgery meta. 
 
928 
 
 PI-IAEMACEUTICAL ASSOCIATIONS 
 
 Sale to 
 ph78icians, 
 druggists or 
 veterinaries 
 
 Executors of 
 
 registered 
 
 chemist 
 
 General 
 return may 
 be required 
 
 the North-West Territories, and they may be registered agi 
 pharmaceutical chemists without undergoing examination upon 
 payment of the requisite fees and compliance with the rules of 
 the association J nor shall it prevent any person whatever from 
 selling good? of any kind to any person legally authorised to 
 carry on the business of an apothecary, chemist or druggist, or 
 the profession of a doctor of medicine, physician or surgeon, 
 nor to velerinary surgeons ; nor to prevent the members of such 
 profesBions supplying to their patients such medicine as they 
 may require: and upon the decease of any person legally 
 authorised r.nd actually carrying on the business of chemist 
 and druggist at the time of his death it shall be lawful for the 
 executors, administrators or trustee or trustees of the estate of 
 such persons to continue such business so long only as such 
 business shall be bona fide conducted by a pharmaceutical 
 chemist. C. 0. 54, s. 33. 
 
 EETUENS. 
 
 34. The registrar whenever required by the Lieutenant 
 Governor shall transmit to the Territorial secretary a return 
 certified imder oath setting forth all such information and par- 
 ticulars relating to the Pharmaceutical Association as ma^ 
 from time to time be required. C. 0. 54, s. 34. 
 
 SCHEDULE 1. 
 FORM A. 
 
 Xoetii-AYest Phaemaceutical Association. 
 
 Voting Paper for Annual Election, A. D. 19 
 
 I, a registered pharmaceutical chemist, 
 
 vote for the seven persons hereinafter named to form the mem- 
 bers of the council of the ISTorth-AVest Territories Pharmaceuf- 
 tical Association: 
 
 1. 
 
 3. 
 4. 
 
PHAEMACEUTICAL, ASSOCIATION 
 
 929 
 
 And I declare that I am entitled to vote at this election and 
 am not in default in payment of my fees to the council. 
 Dated the day of 190 
 
 Witness: • 1902, c. 7. 
 
 rOKM B. 
 
 Certificate of Eegisteation. 
 
 I hereby certify that C. D., being entitled to registration, by 
 having ^vas on the day 
 
 01 A.D. 1 , duly registered as a pharma- 
 
 ceutical chemist and is authorised to carry on the business of 
 chemist and druggist in the North-West Territories of Canada 
 
 from the 
 the 
 
 (Seal) 
 
 day of A.D. 1 , tb 
 
 day of A.D. 1 
 
 (Signed) E.F., 
 
 Registrar of the North-West Territories 
 Pharmaceutical Association. 
 
 C. O. 54. 
 
 FORM C. 
 
 Poison Sales Register. 
 
 Date 
 
 Name and 
 address of 
 purchaser 
 
 Name and 
 quantity of 
 poison sold 
 
 Purpose for 
 
 which poison 
 
 is required 
 
 Signature of 
 purchaser 
 
 Signature of 
 
 person 
 introducing: 
 purchaser 
 
 Sigrnature 
 of seller 
 
 0. O. 54. 
 
 SOHEDUDE 2. 
 List of Poisons. — Part 1st. 
 
 Aconite and its preparations. 
 
 Arsenic and its preparations. 
 
 Belladona and its preparations. 
 
 Cantharides. 
 
 Corrosive sublimate. 
 
 Cyanide of potassium and all metallic cyanides. 
 
930 
 
 puAParAcEL'TicAL Association 
 
 Ergot of Rye and its preparations. 
 
 Essential Oil of Almonds, unless deprived of prussic acid. 
 
 Euphorbinm. 
 
 Opium and its preparations. ' 
 
 Prussic acid. 
 
 Savin and its oil. 
 
 St. Ignatius bean. 
 
 Strychnine and all its preparations. 
 
 Tartar emetic. 
 
 Paet 2nd. 
 
 Acetate of lead. 
 
 Oxalic acid. 
 
 Calabar beans. 
 
 Carbolic acid. 
 
 Chloral hydrate. 
 
 Chloroform and ether. 
 
 Croton oil and seeds. 
 
 Elaterrium, Goulard's extract. 
 
 Hellebore. 
 
 Henbane and preparations. 
 
 Iodine. 
 
 Phosphorus. 
 
 Red and white precifiitate. 
 
 Verdigris. 
 
 Sulphate of zinc. 
 
 C. O. r,4. 
 SCHEDULE .3. 
 
 Tincture aconite in original packages. 
 
 Cantharides blister. 
 
 Laudanimi or paregoric in origiiial packages. 
 
 Strychnine in original packages. 
 
 Acetate of lead. 
 
 Carbolic acid. 
 
 Hellebore. 
 
 Paris green. 
 
 Red precipitate. 
 
 Sulphate of zinc. 
 
 C. O. 54. 
 
 PHYSICIANS AND^SURGEONS. 
 
 f^ee MEDICAL PBOFKRSIOX. 
 
 POLICE. 
 
 See CONSTABLES. 
 
POLLUTION OF RUNNING STREAMS qoi 
 
 POLICE MAGISTRATES. 
 
 See MAGISTRATES. 
 
 POLLUTION OF RUNNING STREAMS. 
 
 An Ordinance to Prevent the Pollution of Runninec o. i898.c.86 
 
 o , ° 15 March, 1899 
 
 btreams. 
 
 rriHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacls as follows: 
 
 1-- Any person who deposits or causes or allows to be Depositing 
 
 J •ill 1- 1 1 c • filth in 
 
 depositea along the banii ot any running stream m the Terri- streams 
 tories or who shall cast or throw into its Avaters 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 Penalty 
 offence and on summary conviction for each and every such 
 offence incur a penalty of not less than $5 together with the 
 costs of prosecution ; and on nonpayment of such penalty and 
 costs forthwith after conviction be imprisoned in the nearest 
 common gaol for a term not exceeding one month unless such 
 penalty and costs are sooner paid. C. 0. 86, s. 1. 
 
 3. The banks of all running streams within the Territories Banks of 
 shall for the purposes of this Ordinance include all lands ^ ''®''™* 
 within fifty feet of ordinary high water mark on either side 
 of such streams. 0. O. 86, s. 2. 
 
 3. This Ordinance shall not refer to the discharge of sewer sewage 
 waters from any pipe or drain leading from any d wiling 
 house, hotel or public institution. 0. 0. 86, s. 3. 
 
 POUND DISTRICTS. 
 
 An Ordinance respecting Pound Districts. c.o.i898 0.79 
 
 IT o 15 March, 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : , ,, 
 
932 
 
 POUND DISTEICTS 
 
 SHORT TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "The Pound District 
 Ordinance." C. 0. 79, s. 1. 
 
 INTEEPEETATION. 
 
 3. In this Ordinance unless the context otherwise requires : 
 "Department"! 1. The expression "department" means the department of 
 
 "Minieter" 
 
 "Animal" 
 
 "Estray" 
 
 agriculture ; 
 
 2. The expression "minister" means the member of the 
 executive council to whom is assigned from time to time the 
 duty of administering the department of agriculture; 
 
 3. The expression "animal" means any horse, mule, jack, 
 sheep, goat, neat cattle, swine or goose; 
 
 "Trespasser" 4. The expression "trespasser" means any animal which 
 breaks into any ground inclosed by a lawful fence; 
 
 5. The expression "estray" means any animal running at 
 large within the limits of any pound district in any period 
 during which animals running at large are by declaration 
 under this Ordinance to be counted estrays or any stallion of 
 the age of one year or upwards or any bull of the age of nine 
 months or upwards or any swine or goose of any age at any ^ 
 time running at large within the limits of any pound district ; 
 
 C. The expression "pound keeper" means the person for the 
 time being in the authorised charge of any pound; 
 
 7. The expression "lawful fence" means any fence declared 
 to be lawful by any Ordinance; 
 
 8. The expression "justice" means any justice of the peace ; 
 
 9. The expression "proprietor" means any holder or occupier 
 of land under whatever tenure or any superintendent, overseer, 
 servant or other persons acting for and on behalf of such 
 holder or occupier ; 
 
 "Pound 
 keeper" 
 
 "Lawful 
 fence" 
 
 "Justice" 
 "Proprietor" 
 
 "Owner" 
 
 "Captor" 
 
 "Distrainor" 
 
 "Running at 
 large" 
 
 10. The expression "oM-ner" means any person owning any 
 ainimal or any agent or overseer of any such owner; 
 
 11. The expression "captor" means any person seizing or 
 distraining any estray; 
 
 12. Th'. expression "distrainor" means any person seizing 
 or distraining any trespasser; 
 
 13. The expression "run at large" or "running at large" 
 means without being under control of the owner, either by 
 being securely tethered or in direct and continuous charo'e of 
 
POUND DISTRICTS 933 
 
 a herder or by confinement within "any building or other 
 inclos-ire or a fence whether the same be lawful or not; 
 
 14. The expression "pound district" means any district inaE°Scr 
 the Territories constituted under the provisions of this 
 Ordinance. C. O. 79, s. 2. 
 
 ORGANISATION OF POUND DISTRICTS. 
 
 3. The Lieutenant Governor in Council may by Order what districts 
 made public by notice in the oificial gazette constitute any part organised 
 
 of the Territories not within the limits of a municipality or a ° 
 village into a pound district. CO. 79, s. 3. 
 
 4. Before constituting any pound district a notice of inten- Notice to 
 
 ^ '' ■*- be given 
 
 tion to do so shall be published in the official gazette and 
 posted in at least one post office within such proposed pound 
 district or if there be no post office within such district then 
 in the post office nearest thereto at least thirty diays prior to 
 making such recommendation. 
 
 (2) Such notice shall be addressed to the postmaster at Hour 
 such post office inclosed in a- registered cover and all the 
 requirements of this Ordinance respecting the posting of 
 notices shall be held to be completed at the expiration of 
 twenty-four hours after the first mail carrying such notice is 
 scheduled to reach the post office to which the notice is 
 directed. 
 
 ■ (3) If at any time within thirty days after such notice is objections, 
 posted objection is made by a majority of the proprietors of made 
 land within such proposed district in form A in the schedule 
 hereto (the facts stated in sijch objection and the signatures 
 thereto being verified by statutory declaration) the proposed 
 district shall not be constituted; but if no such objection is 
 made within thirty days from the posting of the notice the 
 proposed district may be constituted as hereinbefore provided. 
 C. O. 79, s. 4. 
 
 5. The Lieutenant Governor in Council may by Order 
 made public by notice in the official gazette vary or alter the 
 boundaries of or add to or take from any pound district 
 existing hereunder or abolish or discontinue the same. C. O. 
 79, s. 5. 
 
 6. Until it has been otherwise declared or enacted by the 
 counteil of any municipality or by the voters of any village 
 the pound districts heretofore created under Ordinance No. 
 21 of 1897 which comprise any portion of such municipality 
 
9^-1 
 
 POUA'D DISTKICTS 
 
 or village shall be continued hereunder and the pound keepers 
 appointed therefor shall continue to act under and subject to 
 the provisions of this Ordinance. 0. 0. 79, s. 6. 
 
 OPEEATION OF OEDINANCE. 
 
 Estrays not 
 to run 
 at large 
 
 When bulls 
 are to be 
 estrays 
 
 Pound 
 districts in 
 towns and 
 villages 
 
 7. JSTo gnimal declared under the provisions of this Ordin- 
 ance to be estray in any pound district shall be permitted 
 to run at large therein and any such animal when not under 
 coiitrol of its owner shall be liable to be impounded. 
 
 (2) Fpon being satisfied as to the desire of a majority of 
 the proprietors of land in any poimd district constituted under 
 the provisions of this Ordinance the minister may by notice 
 published in the official gazette and in any other manner that 
 •may* seem to him necessary declare that any bull otherwise 
 l">rohibited from running at large shall be counted an estray Or 
 not an estray at any season of the year. 
 
 (3) On the application of the council of any municipality 
 or the overseer of any village on behalf of the residents of 
 such village within the limits of which municipality or village 
 a pound district has been constituted, the minister may declare 
 any animal to be an estray or not an estray at any season of 
 the year within the limits of such pound district. C. 0. 79, 
 s. Y. 
 
 Estrays may 
 be impounded 
 
 8. The proprietor of any land in any pound district may 
 capture any estray found within such pound district and drive 
 such estray to and deliver the same at the nearest accessible 
 pound in the said pound district whether the OAvner of such 
 estray be kno^vn to the captor or not and the said estray may 
 be dealt with in every way as a trespasser may be dealt with 
 under this Ordinance. C. 0. 79, s. S. 
 
 stallions and 
 hulls in pound 
 districts 
 
 9. ISTo procedure under The Eniire Animals Ordinance 
 shall be taken with respect to stallions or bulls running at large 
 in any pound district but (if captured) all such stallions or 
 bulls shall be forthwith driven to the nearest accessible pound 
 in such pound district there to be dealt with as trespassers may 
 be dealt with under this Ordinance. C. 0. 79, s. 9. 
 
 Trespassers 
 may be 
 impounded 
 
 10. The proprietor of any land surrounded by ,a lawful 
 fence, in a pound district, upon which land any animal is 
 found trespassing may seize and distrain the same and drive 
 the same to the nearest accessible pound in such pound district 
 and deliver such trespasser to the pound keeper to be 
 impounded and shall at the same time deliver a written state- 
 
POUND DISTRICTS 935 
 
 ment describing the aiiiiiial iinponiuled, the name of the 
 o-wner (if known), the place where snch animal was tres- 
 passing, the amount of damages claimed and of his reasonable 
 charges for dri-\-ing the trespasser to and delivering the same 
 to the pound keeper ; and the said pound ke('i)er shall impound 
 such trespasser under the provisions of this Ordinance and be 
 responsible for the feed and safe keeping thereof so long as 
 he is legally bound to hold the same ; and such pound keeper 
 is empowered to collect the amount of the damages caused by 
 and all charges for the keep and other incidental expenses 
 connected with such trespasser before delivering up the same 
 ■to the owner thereof. C. O. 19, s. 10. 
 
 11. Any person acting as inspector, constable or overseer 
 in any municipality or village or the appointee of any such 
 person may take any action or proceedings authorised by this 
 Ordinance on behalf of any proprietor as if by him directed 
 so, to do. C. O. 79, s. 11. 
 
 13. Any proprietor who shall impound any animal in Animal to be 
 any pound or place not authorised by this Ordinance shall be authori'sed 
 guilty of an offence and upon summary conviction thereof ''°"" 
 before a justice of the peace be liable to a penalty not 
 exceeding $20. 
 
 (2) Any such proprietor upon whose property any animal Temporary 
 is found trespassing may (if he knows its owner) temporarily ""^°"" 
 impound the same in any convenient place for a period not 
 exceeding three days and shall within twenty-four hours after 
 such impounding deliver to such owner a written memo- 
 randum in like manner as it is hereinbefore enacted shall be 
 delivered to a pound keeper with any trespasser impounded in 
 his pound ; and shall feed and maintain such animal while 
 so impounded; and may at the expiration of such time (if not 
 sooner duly released) deliver it to the keeper of the nearest 
 accessible pound ; and such proprietor may make a charge for 
 feeding and, maintaining such animal and for sending notice 
 not exceeding such as might by law be made by a pound 
 keeper but shall not be entitled to any compensation' for 
 damage except for such as was done before the temporary 
 impounding. C. O. 79, s. 12. 
 
 IS pas 
 is cumniitted 
 
 13. In every case where damage is done to the inclosed when trei 
 lands of any person in any pound district as the result of any j^^'^'/J^I^' 
 animal breaking through or over the fence or fences inclosing 
 the same such animal may be considered and treated as a 
 trespasser within the meaning of this Ordinance if that part 
 
936 
 
 POUXD DISTEICTS 
 
 of tlie fence broken through or over by such animal is a 
 lawful fence although other parts of the inclosing fence may 
 not be lawful; and any animal breaking through or over a 
 division fence in any pound district which its owner or person 
 having charge of such animal is bound to repair and keep up 
 shall be considered and treated as a trespasser within the 
 meaning of this Ordinance although the said fence may not 
 be a lawful fence. C. 0. 79, s. 13. 
 
 Lawful fences 
 in certain 
 cases 
 
 14. In every case in which more proprietors than one hold 
 lands inclosed by a common outward lawful fence such lands 
 shall for the purposes of this Ordinance be deemed as against 
 all persons outside such general fence to be lawfully fenced 
 but as against each other where no lawful fence stands 
 between them to be uninclosed lands. C. O. 79, s. 14. 
 
 S^CTsoMin^ 1^' The person in charge of any animal within a pound 
 animais°doing district shall be liable for any damage caused by such animal 
 damage ' ^jj^^gj. jjig charge as though such animal were his own prop- 
 erty; and the owner of any animal allowed to run at large in 
 any pound district contrary to the provisions of this Ordinance 
 shall be liable for any damage done by such animal although 
 the land whereon such damage was done was not inclosed by 
 a lawful fence. C. 0. 79, s. 15. 
 
 APPOINTMENT OF POUND KEEPE'S 
 
 keepers'tobe ^^' ^^ ^^7 pound district the, minister may appoint one or 
 nSnister*^ ^^ more pound keepers therefor and notice of every such appoint- 
 ment shall be published in the official gazette describing the 
 name and post office address of Such pound keeper and the 
 location of the pound: 
 
 Provided that all pounds established or pound keepers 
 appointed therefor at the time of the passing of this Ordin- 
 ance shall be deemed to be the pounds established and pound 
 keepers appointed under the provisions of this Ordinance and 
 subject to the provisions thereof C. 0. 79, s. 16. 
 
 Proviso 
 
 All apnoint- 
 ments to 
 terminate on 
 December 31 
 annilally 
 
 Hesignatioi) 
 of pound 
 keeper 
 
 IT. Every appointment of a pound keeper made under the 
 provisions of this Ordinance shall terminate on the thirty-first 
 clay of December in each year but all pound keepers so 
 appointed may at the expiry of each period of twelve months 
 be eligible for reappointment. 
 
 (2) Any pound keeper wishing to resig-n his appointment 
 may do so but no such resignation shall take effect until a, 
 siK ccssor to such pound keeper is appointed. C. 0. 79, s. 17. 
 
POUND DISTllICTS ' 937 
 
 18. Every notice of the appointment or removal of any ^^^^J,^^''''*'" "' 
 pcund keeper or the establishment or abolition of any pound 
 published in the official gazette of the Territories shall be 
 evidence that such pound keeper or pound has been legally 
 appointed, removed, established or abolished as in the said 
 
 notice is mentioned. C. 0. 79, s. IS. 
 
 DUTIES OF POUND KEEPBES. 
 
 19. Every pound keeper shall keep a pound book in a form Book to be 
 to be prescribed by the minister from time to time and shall po"nti keeper 
 make all entries therein as soon after the doing of the several 
 
 things required to be entered therein as possible and shall not 
 make any entry after any dispute as to the subject matter of 
 such entry shall have arisen; and the said pound book and a 
 copy of this Ordinance v^hich the pound keeper is hereby 
 required! to keep shall at all reasonable times be open to the 
 inspection of any justice or member of the ISTorth-West 
 Mounted Police force or any constable free of chaVge and of 
 any other person upon payment of the sum of ten cents; and 
 every such pound keeper shall grant extracts from his pound 
 book to any person requiring the same upon payment of 
 twenty-five cents for each extract not exceeding one hundred 
 words and the sum of ten cents for every subsequent number 
 of words not exceeding one hundred. 
 
 (2) Every pound keeper shall on his removal from office or ami handed 
 on the acceptance of his resignation deliver such pound book successor 
 to the person who may be appointed to receive it. C. O. 79, 
 s. 19. 
 
 30. Every pound keeper shall at his own cost keep the ^°^t"o1lan "* 
 poimd to which he is appointed clean and in good repair and 
 
 shall supply the animals impounded therein with sufficient and 
 wholesome food and water and the pound keeper may send 
 such animals out' of his pound at fit times and to fit places for 
 grazing or watering and every pound keeper shall be respon- 
 sible to the owner of any impounded animals for every loss or 
 damage occasioned by any act of himself or his agent. C. O. 
 79, s. 20. 
 
 31. Every pound keeper shall make such return to theRe^rnsto 
 minister relating to the impounding of animals in his pound as 
 
 may from time to time be required by the minister. 0. 0. 79, 
 
 s/21. 
 
'338 
 
 I'OLTJS'D DISTEICTS 
 
 PAYMENT OF CIIAEGES ON IMPOUNDED ANIMALS. 
 
 payabfe to ^ ^^' All charges payable in respect of any impounded animal 
 poun eeper g]j^]| j^g payable in the first instance to the pound keeper, who 
 shall hold the same subject to the provisions of this Ordinance 
 for the person entitled thereto. C. 0. 79, s. 22. 
 
 improper 33. JSTo charges or claim for damage done shall be payable 
 
 to or recoverable by any person in respect of the trespass of or 
 damage done by any. animal who shall impound or detain such 
 animal for upwards of three days in any place not being a 
 pound within the meaning of this Ordinance. C. 0. 79, s. 23. 
 
 Animals may 34. "Whenever any animal has been captured or distrained 
 
 be released '' ...,.^^,. 
 
 before hy any person under any of the provisions of this Ordinance 
 
 impounding j.', ,.■ t / -ci 
 
 for the purpose of impounding the same, if the owner of the 
 animal or some person on his behalf pay or tender to the person 
 seizing or having charge of such animal before the same has 
 been actually impounded the charges for which such animal 
 has then become liable under this Ordinance, the person having 
 charge of such animal shall forthwith deliver up the same to 
 the o\vner or the person tendering the said charges on his 
 behalf. C. O. 79, s. 24:. 
 
 todetatalar ^'^' -'^^''"'^■J pouiid keeper shall receive and detain in his 
 
 fm ™unded custody any animal lodged in his pound until the damages for 
 
 which such animal was impounded and all lawful fees and 
 
 cluivgos shall be paid or until he shall receive notice of the 
 
 decision of the justice as hereinafter provided. C. O. 79, s. 25. 
 
 NOTICE OF i:\Il'OlTNDING. 
 
 Notices to be 3G. Jf the owner of any impounded animal is known to 
 
 given by - ./ j. 
 
 pound keeper the poiuul keeper, the pound keeper shall forthwith deliver £, 
 or post to the address of such owner a notice in form B in the 
 schedule liereto. 
 
 (2) In case such owner is not known or such owner or 
 person notified shall not within three days after the posting or 
 delivery of such notice appear at the poimd and release the 
 animal so impounded by the payment of the la^vfnl fees, 
 mileage rates and claim for damages, the pound keeper shall 
 forward lo the department for insertion in two consecutive 
 issues of the official gazette a notice in form B in the schedule 
 hereto. 0. 0. 79, s. 26. 
 
 Copies of all 3'T. Every pound keeper shall without charge therefor in 
 posted^at" " addition to any copies of any notice which he may be required 
 
 pound 
 
POUND DISTiaCTS 939 
 
 imcler this Ordinance to post or deliver post ii copy of every 
 such notice in a conspicuous place at his pound and the Clearest 
 post^ office aud shall keep and nuiintaiu such notice at his pound 
 during the whole of such time such notice may refer to. C. 0. 
 79, s. 27, and 1900, c. 29, s. 1. 
 
 SAI.K OF IJIPOUiXDKl) AM.M.Vr.S. 
 
 38. When any animal shall not have been released from the when 
 pound within twenty days after the notice has been inserted ™™ai6 may 
 in the official gazette as in section 2() hereof mentioned the said 
 animal shall he sold by public auction after notice of such sale 
 
 shall have been posted for eight days in three conspicuous 
 places within the pound district fone of which shall be th(^ post 
 office nearest the jiound) ; and at sii(di sale the pound keeper 
 shall be the auctioneer and such sale shall bo licld at the pound 
 and shall commence at the hour of two o'clock in the afternoon po"!"! keeper 
 
 1 xi_ 11 1 11 ■ 1 ■ not to have 
 
 and tne pound keeper shall neither m person nor by his agent '"''^■'^^t in sale 
 purchase any animal at such sale or have any interest of any 
 kind in any animal so purchased. C. O, 79, s. 28. 
 
 39. If more than one animal is impn.mded on any distress When animals 
 and the owner thereof is known the pound keeper shall not™id"° 
 
 sell any more of such animals after he has realised from the 
 sales suificient 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 pom.d 
 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 a.umals 
 sold, the date of sale^ the amount realised and the disposition 
 thereof. C. O. 79, s. 29. 
 
 30. Ko pound keeper making a sale under the provisions of Pound keeper 
 any Ordinance shall be liable to a penalty for selling without "ielnBed as" 
 
 a license as an auctioneer. C. O. 79, s. 30. 
 
 PEOCEEDS OF SAI.E^ HOW DISPOSED OF. 
 
 31. The proceeds of the sale of any impounded animal sold °;^p°^2|,°^ 
 under the provisions of this Ordinance shall be applicable in o£ sale 
 payment : 
 
 (a) Of any costs and charges attending such sale; 
 (&) Of all sustenance fees; 
 
940 
 
 POUND UISTIilOTS 
 
 (c) To the iuipoiincler of such animal of the amount due 
 to him for mileage charges and for the damage done ; 
 
 and the residue if any shall be paid to the owner of such animal 
 or (if not claimed at the time of sale by any person entitled 
 thereto) to the minister. C. 0. 19, s. 31. 
 
 tonerrooeeds ^^' -^^^^ money 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 minister 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 revenue 
 fund. C. O. 19, s. 32. 
 
 COMPLAINTS OF OWNEE. 
 
 How 
 
 complaint 
 shall be 
 fornailated 
 
 JS'y^be^taken ^^' '^^® Owner of any impounded animal may give notice 
 by owner jjj -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 authorised 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. 
 
 (2) Such complaint may be upon one of the following 
 grounds : 
 
 (a) That the impounding was illegal; or 
 
 (h) That the damages claimed are excessive; or 
 
 (c) 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. 0. Y9, s. 33. 
 
 fomphSilf "^^^ Within ten days after giving the notice in the last pre- 
 
 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 authorised ' 
 under part LVIII of The Criminal Code 1892 for justices 
 making orders for the payment of money; and upon hearing 
 the complaint the justice may determine the matter of such 
 complaint ; and if the justice : 
 
 1. Adjudges that the animal impounded was illegally 
 impounded as claimed the justice shall order ulie said animal 
 (if not released) to be restored to the owner or (if released) 
 
roiTND DisTracTS 941 
 
 the money deposited with the pound keeper to he 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 law- 
 fully entitled to; or 
 
 2. Finds on a complaint laid as in clause (&) of suhsection 2 
 of the last preceding section the amount of damages the 
 impounder has sustained to be less than claimed then the 
 justice shall order the excess and the owner's costs of the pro- 
 ceedings to be paid to the owner byj 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 forth- 
 with 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 applied as directed 
 by this Ordinance; or 
 
 3. Adjudges that the animal impounded was legally 
 impounded or that the amount of the damage sustained was 
 not less than the amoimt claimed by the impounder then the 
 justice shall make an order for the payment forthwith of the 
 amount claimed and all pound and other authorised fees 
 together with the costs of the proceedings ; and in default of 
 such payment the animal impounded shall be sold and the pro- 
 ceeds applied as directed by this Ordinance ; or 
 
 4. Finds on complaint laid as in clause (c) of subsection 2 
 of the last preceding section that the animal was legally 
 impounded but 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 pro- 
 vided in such paragraph. C. O. Y9, s. 34. 
 
 35. Nothing in this Ordinance contained shall deprive the owner's 
 
 . . Tir* • T'l remedies 
 
 owner of any animal impounded of any action, remedy or right at common 
 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 aproYiso 
 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. C. O. 79, s. 35. 
 
042 POUXD DISTEICTS 
 
 be^ciSdby^ 36. ^^ofijing iierein contained shall prevent the owner of 
 2om°p"eti" t any lands trespassed upon or of any property destroyed from 
 "'""'' -waiving the rights created liy this Ordinance and bringing his 
 
 action in any competent conrt in consequence of any trespass. 
 
 C. 0. 79, s. 36. 
 
 OFFENCES AXD PENALTIES TIIEREFOU. 
 
 Penalties 
 pound keepers 
 
 arejiiabieto 3^^ If any ponnd keeper : 
 
 Impounding ^ Impounds or assists or incites or employs any person to 
 impound any animal in any district unless such animal was 
 an estray or was trespassing upon thepound keeper's own land 
 in tlie district surrounded Viy a lawful fence; 
 
 i^npoundel 2. Purchases in person or by his agent or has any interest of 
 
 animals ^^y j^-^^l -j^^ .^^^y animal sold by auction at a pound of which 
 
 he is at the time of such sale the pound keeper ; 
 
 SJtiforised ■"• Demands or receives any sum for pound notices, susten- 
 charges ^^^^^ ^^^^ p^j^p^, £pp^ ^j^^j charges not authorised by this 
 
 Ordinance ; 
 
 Not paying 4. Fails to uav over anv moiiev held bv him under the 
 
 over moneys 1 . . ^ ^ 
 
 provisions of this Ordinance for any person after payment ot 
 the same has been demanded by or on behalf of such person; 
 
 Negieciingto 5. Xeglccts to provide food and water for anv animal or 
 
 care tor '^ ^ . i -i • "^ i 1 
 
 impounded works or uses the same ni anv manner while so impounded: 
 Milking cows Provided that no pound keeper shall be liable for any penalty 
 
 for milking or allowing to be milked any cow while such cow 
 
 is impounded; 
 
 books""'''"^ ''• 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 ; 
 
 Impounding 7. Allows any animal infected with anv contagious or infec- 
 
 hBalthywuh . , • 1 • n . , . , , 
 
 diseased tious disease to hc m the same mclosnrc Avith anv impounded 
 
 aiiinial:j 
 
 animal not so affected; 
 ^l3!;.fi^^^J^.f^o '"^^ Fails to iiive anv notice reqnired Itv this Ordinance; 
 
 proper noi loc <.j t ± i / 
 
 Causing • 9. ISTeglects to do anything required by this Ordinance to 
 neglect be douc whercl)y damage is incurred by any person ; 
 
 he shall in addition to any civil liability which he may incur 
 by reason thereof be guilty of an offence and liable on summary 
 conviction to a penalty udt exceeding $100. C. O. 79, s. .37. 
 
 prooHhat ^8. "When any pound kee])er is charged with neglecting to 
 
 careTtor'*on pi'ovide sustenance for any animal impounded the burden of 
 
 pound keeper pi^iviiig that proper sustenaucc was provided for such animal 
 
 shall be on such pound keeper and when any pound keeper is 
 
POUND DISTRICTS 943 
 
 charged Avith 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. C. O. T9, s. 38. 
 
 39. 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 interfers with any ani-?^^^^'jj"^s^ 
 mal impounded or seized for the purpose of being impounded ; a"™^' 
 
 2. Destroys or injures or attempts to destroy or injure any DestrucMon 
 pound ; 
 
 3. niegally impounds any animal ; impounding 
 
 4. Leaves open any gate or lets down any bars or makes auauaing 
 
 n „ ■, ■ n • ■ ■ 1 J. animal to 
 
 gap m any fence for the purpose of permitting any aniinal to trespass 
 trespass or otherwise causes any animal to trespass. C. 0. 79, 
 s. 39. 
 
 PEES. 
 
 40. The following and no other shall be the fees authorised ,^'^^''°"^^'^ 
 by this Ordinance in connection with animals impounded 
 within any pound district: 
 
 1. To the proprietor of any land trespassed upon or other Expenses for 
 
 i^ i- ^ -*■ ^ ^ dnvmg animal 
 
 property injured by any animal or the proprietor capturing to pound 
 any estray for driving and delivering such animal to the pound 
 keeper his reasonable expenses; 
 
 2. To such proprietor for capturing and impounding any capturing 
 
 J^ r '^ " injjil, stallion or bull 
 
 stallion of the age of one year and upwards or any bull o± the 
 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 
 Avhen impounded; 
 
 4. To such proprietor for notifying the owner or for every Giving notice 
 day any animal is lawfully detained before being placed in t^r^J^^Y^g 
 pound such fees for making such notification and for the sus- 
 tenance of such animal as a pound keeper may be authorised 
 
 to charge for like services ; 
 
 5. To the pound keeper to provide for the care and susten- s^astenanoe ot 
 ance of each animal for each day such animal is nnpounded as animals 
 follows : 
 
 For each stallion or bull twenty-five cents ; 
 
 For each other horse, mide, jack, head of cattle or swmc 
 
 fifteen cents ; 
 For each sheep, goat or goose five cents ; 
 
944 
 
 POUND MSTBICTS 
 
 ?wner'° 6. To the pound keeper for notifying owner of animal 
 
 impounded ten cents; 
 
 d?pa?tment '''• To the pound keeper for forwarding notification to 
 
 department for insertion in the ofiicial gazette ten cents ; 
 
 8. To the pound keeper for posting notices of animals 
 inipounded each such notice to iiiclude all animals impounded 
 at one distress or seizure $1 and the actual cost of newspaper 
 advertising not to exceed $1 when incurred ; 
 Notices oi sale g_ r^^ ^j^g pound keeper for posting notices of sale each such 
 notice to include all animals impounded at one distress or 
 seizure $1 ; 
 
 10. To the pound keeper for each mile necessarily travelled 
 in the performance of his duty ten cents ; 
 
 11. To the pound keeper for selling impounded animals and 
 applying the proceeds as directed by this Ordinance $2.50 per 
 centum commission upon the amount realised on the sale. C. 
 O. 79, s. 40. 
 
 Notices posted 
 in district 
 
 Advertising 
 
 Mileage 
 
 Sale charges 
 
 SCHEDULE. 
 
 FORM A. 
 
 To the Lievitenant Governor in Council. 
 
 We, the tuidersig-ned, being proprietors of land as defined 
 by clause 9 of section 2 of The Pound District Ordinance in 
 (here describe the district proposed to be constituted as a 
 pound district) hereby record our objection to the provisions 
 of the said Ordinance being enforced within the said District: 
 
 NAME 
 
 LAND OWNED OR OCCUPIED. 
 
 Quarter 
 
 Section 
 
 Towns 'p 
 
 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 foreging statement of objection being holders or occu- 
 
POUND DISTEICTS 945 
 
 piers of land under whatever teniire, or superintendents, over- 
 seers or other duly authorised persons acting for or .on behalf 
 of such holders or occupiers is (here insert the total number 
 of proprietors in the proposed pound district as defined hy 
 clause 9 of section 2 of The Pound District Ordinance) ; 
 
 2. That I was personally present and did see each of the 
 (numier of persons signing the staiement) persons whose 
 names are subscribed thereto sign the said statement: 
 
 3. That each of the {number of persons signing the state- 
 ment) persons signing the statement is qualified to do so by 
 virtue of beiug the holder or occupier of land- under whatever 
 tenure, or a superintendent, overseer or other duly authorised 
 person acting for or on behalf of such holder or occupier of 
 land within the proposed pound district ; 
 
 4. That each person signing the said statement before so 
 doing was cognisant of the contents thereof. 
 
 And I make this solemn declaration conscientiously believing 
 it to be true and knowing that it is of the same force and effect 
 as if made under oath and by virtue of The Canada Evidence 
 Act 1'89S. 
 
 {Signature of person making declaration.) 
 
 Declared before me \ 
 at ( 
 
 this day 
 
 of 1 
 
 {Signature of person administering declaration). 
 
 CO. 79, Form A. 
 
 FOEM B. 
 
 To {na'me of oivner or Department of Agriculture as the case 
 may he.) 
 
 Notice is hereby given under section 26 of The Pound 
 District Ordinance that {description of animal impounded) 
 was impounded in the pound kept 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.) 
 
 0.0. Y9, Form B. 
 
946 
 
 PEAIKIE FIKES 
 
 PRAIRIE AND FOREST FIRES. 
 
 ^■mS,T899 An Ordinance for the Prevention of Prairie and 
 
 Forest Fires. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "The Prairie Fires 
 Ordinance." C. 0. 87, s. 1. 
 
 Causing 
 prairie fires 
 
 Penalty 
 
 I^EOVISIONS AGAINST KINDLING FIEES. 
 
 3. Any person who shall either directly or indirectly, per- 
 sonally or through any servant, employee or agent : 
 
 (a) Kindle a fire and let it run at large on any land not 
 his own property; 
 
 (5) 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 conviction 
 thereof be liable to a penalty of not less than $25 and not more 
 than $200 and in addition to such penalty shall be liable to 
 civil action for damages at the suit of any person whose prop- 
 erty has been injured or destroyed by any such fire. 
 
 (2) If a fire shall be caused by the escape of sparhs or any 
 oilier matter from any engine or other thing it shall be deemed 
 to have been lAndled by the person in charge or ivho should be 
 in charge of such engine or other tiling but such person or his 
 employer shall not he liable to the penalties imposed by this 
 section if in the case of stationary cngin.es the precautions 
 required by section 12 have been complied with and there has 
 been no negligence m any other respect or in the case of railway 
 or other locomotive engines such engine is equipped with a 
 suitable smohe stach netting and ash pan netting in good repair 
 and Icept closed and in proper place and in the case of railway 
 engines ivhere the line of railway passes through prairie 
 country there is maintained for a distance of at least three 
 miles coiMinuously in each direction from the point at which 
 the fire starts 07i each side of such line of railway and not less 
 than two hundred nor more than four Inmdred feet therefrom 
 
rnATRIE FIEES 947 
 
 a good and sufficient fireguard of ploughed hvn;l not less lliaii 
 sixteen, feet in 2vidth li-ejd free from weeds and other inftam- 
 mahle matter and the space heiiveen such fireguard and such 
 line of railway is kept hnrned or otherwise freed from the 
 danger of spreading fire and there has been no negligence in 
 any other respect. 
 
 (3) For the purpose of ploughing any fireguard as in the 
 next preceding subsection provided and of freeing from inflam- 
 mable matter the land between such fireguard and the line of 
 railway any railway company is hereby authorised to enter 
 upon any imcidtivated or unoccupied land ivithout hicurring 
 any liability therefor provided that no unnecessary damage 
 shall be done. C. O. 87, s. 2; 1903, Sess. 1, c. 25, s.l, and 
 1903, Sess. 2, c. 30, s. 1. 
 
 GAMP OK BRAA'DING FIEES. 
 
 3. Any person who kindles or is a party to kiiadlina; a fire can.p or 
 
 . . . . . , branding flres, 
 
 in the open air for camping or branding purposes and whoextinguiah- 
 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. G. 0. 87, s. 3. 
 
 CI.EAIilXG LAKD. 
 
 4. Xo person shall directly or indirectly, personally or by Fireguards in 
 
 -,,.,, "^ T T n s ' certain cases 
 
 any servant, agent or employee kmdle on any land a nre tor 
 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 fireguard not 
 less than twenty feet in width consisting of land covered with 
 snow or water or so worn, graded, ploughed, burned over cr 
 covered with water as to be free of inflammable 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 M-ith proper appliances for extinguish- 
 ing prairie fire. 
 
 (2) Any person contravening this section shall be guilty of 
 an offence and be liable on summary conviction thereof to a 
 penalty not exceeding $100. C. 0. 87, s. 4. 
 
 PIEES BY EAILWAY EMPLOYEES 
 
 5. ISTothing in this Ordinance shall prevent any railway RaOwa?^^ ^^^ 
 company or its employees from burning over the land held by employees 
 
 it under its right of way and the land adjoining the same to an 
 extent not exceeding three hundred feet in widtli on each side 
 of the centre line of the railway. 
 
948 
 
 PEAIEIE FIEES 
 
 (2) Every person causing, commencing or in charge of such 
 burning shall cause the same during the whole period of its 
 ccntinuance to be watched and guarded by at least four men 
 ])rovided 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 exceeding 
 $100. ^ 
 
 (3) This section shall not relieve any person from liability 
 under this Ordinance if any fire so started shall escape or run 
 at large. C. O. 87, s. 5. 
 
 SPEING BUENIXG. 
 
 Fires before 
 7 th May 
 
 6. ISTothing herein contained shall prevent any person from 
 kindling fire before the seventh 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 sur- 
 rounded 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 over or covered with water as to be 
 free from inflammable 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 extinguish- 
 ing prairie fire and should such fire be left without being 
 so guarded or be allowed to escape such person shall be guilty 
 of an offence and liable on summary conviction thereof to a 
 penalty not exceeding $100. C. O. 87, s. 6. 
 
 FIEES BY LOCAL IMPEOVEMENT OVEESEBES. 
 
 Overseers of 
 local 
 
 exception 
 
 7. Nothing in this Ordinance contained shall prevent the 
 dfsSTs™*"' overseer of any local improvement district from kindling a 
 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 section 
 6 hereof and such fire so kindled must during the whole period 
 of its burning be guarded by such number of men provided 
 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 required are not taken 
 or if such fire should escape and run at large such overseer 
 shall be deemed guilty of an offence and be liable on summary 
 conviction thereof to a penalty not exceeding $100. C. O. 87, 
 s. 7. 
 
ritAllllE FIBES 949 
 
 PEOSBCUTIONS. 
 
 8. It ^hall not be necessary that any prosecutor or com- Burden of 
 plainant shall in any information or complaint for an offence Negativing 
 under this Ordinance negative any exemption, exception, pro- """""^^'""^ 
 viso or condition herein contained or prove any such negative 
 
 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. C. O. 87, s. 8. 
 
 KIGIITS OF ACTION PEESEEVED. 
 
 9. Nothing in this Ordinance shall bar .or prevent any per- Rights 
 son from bringing any action against any person to which he P™^<'"'^<i 
 may otherwise be entitled. C. O. 87, s. 9. 
 
 EIEE QtTAEDIAlSrS. 
 
 10. The commissioner of agriculture may appoint fire Fire guardianH 
 guardians having the powers of constables to enforce the pro- 
 visions of this Ordinance and all justices of the peace, all 
 members of the North- West Mounted Police force and all over- 
 seers of local improvement districts shall be ex ofji'cio fire 
 guardians. C. O. 87, s. 10. 
 
 11. Any fire guardian may order any grownup male person Powers of 
 under sixty years of age (other than postmasters, railway ''^^"*'' "*" 
 station a_gents, 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- 
 mary conviction thereof to a penalty not exceeding $5. 0. 0. 
 87, s.,11. 
 
 TIIEESHTNG ENGINES. 
 
 13. The following provisions shall be observed in and about Management 
 
 , T , • /■ • 1 J! iV U • and operation 
 
 the management and operation of engines used for threshing of threshing 
 and other purposes hut shall not apply to railway locomotive ^"^mes 
 engines or engines enclosed in a suitahle huilding : 
 
 1. The engine shall not be placed for the purpose of working 
 so 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 ; 
 
950 PIlEFEEEXTiAI. ASSIGNMENTS 
 
 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 
 operation ; 
 
 6. 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 summary conviction thereof to a penalty not 
 exceeding $5. C. 0. 87, s. 12, and 1904, c. 13," s. 1. 
 
 PREFERENTIAL ASSIGNMENTS. 
 
 15 March, 1869 ^^ Ordinance, rcspectiug Preferential Assignments. 
 
 THE Lieutenant Governor by and "syith the advice art 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 and"*'"'""' ''■■ Every gift, nuiveyance, assignment or transfer^ delivery 
 
 l!™igninerfta o^'<?i' 01' payment of goods, chattels or effects or of bonds, bills, 
 notes, securities or of shares, dividends, premiums or bonus ia 
 any bank, company or corporation made by any person at any 
 time when he is in insolvent circumstances or is unable to pay 
 his debts in full or knows that lie is on the eve of insolvency 
 with intent to defeat or delay or prejudice his creditors or to 
 give to any one or more of them a preference over his other 
 creditors or over any one or more of them or which has such 
 effect shall as against them be utterly void. C. 0. 42, s. 1. 
 
 Pressure 2. Evory such gift, conveyance, assignment, transfer, 
 
 delivery over or ]>aynicnt whether made owing to pressure or 
 partly owing to pressure or not, which has the effect of 
 defeating, delaying or prejudicing creditors or giving one or 
 more of them a preference shall as against the other creditors 
 of such delitor be uticrly void. C. 0. 42, r. 2. 
 
 AssignmentB 3. ISTothing in this Ordinance shall apply to any deed of 
 
 for crertUors f^ • i n r- i j? ■ 
 
 a.\\'\ bona fide assignment made and executed bv a debtor for the purpose oi 
 
 transactions " . » . i i '-, • i i • i 
 
 paying and satisfying ratably and proportionately and without 
 
PBOTECTIOX 01<' AXIilALS 951 
 
 preference or priority all the creditors of such debtor their just 
 debts or any bona fide sale of goods or payment made in the 
 ordinary course of trade or calling to innocent purchasers or 
 parties. C. O. 41, s. 3. 
 
 PROTECTION OF ANIMALS FROM DOGS. 
 
 An Qi'dinance for the Protection of Sheep and other ^5^^^.fj;<jg^| 
 Animals from Dogs. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 !• Any person may kill any dog in the act of pursuing, when doRs 
 worrying or destroying cattle, horses, sheep, pigs or poultry"""' 
 elsewhere than rn the inclosed land occupied by the owner of 
 such dog. C. 0. 82, s. 1. 
 
 3. On complaint made on oath before a justice of the peace Proceedings 
 that any person owns or has in his possession a dog which has of vicious dog 
 M'ithin 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 (he 
 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 
 evidence" 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. C. 0. 82, s. 2. 
 
 3. ISTo order or conviction under this Ordinance shall bar Action for 
 any action by the owner or possessor as aforesaid for thci'avred 
 recovery of damages in respect of the subject matter for ^\■hich 
 
 such conviction is had. C. 0. 82, s. 3. 
 
 4. It shall not be necessary for the plaintiff in any action p,.„of „f 
 for injuries done by a dog as aforesaid to prove that the def en- ^j;°^^i<=''e<= °f 
 dant was aware of the propensity of the same to piirsua and unnecessary 
 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. 0. O. 82, s. 4. 
 
'J.Jli 
 
 PUBLIC HEALTH 
 
 PROTECTION OF GAME. 
 
 Bee GAME PBOTECTIOKT. 
 
 PUBLIC ACCOUNTS. 
 
 See TEEASUBY DEPAETMENT. 
 
 PUBLIC ADMINISTRATORS. 
 
 8ee JUDIOATUEE. 
 
 1802, c. i 
 
 19 April, 1902 
 
 Short title 
 
 PUBLIC HEALTH. 
 
 An Ordinance respecting Public Health. 
 
 \_Assented to April 19, 1902.'] 
 
 THE Lieutenant Governor by and with the advice andi 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The Public Health 
 Ordinance." 1902, c. 4, s. 1. 
 
 "Interpreta- 
 tion" 
 "House" 
 
 "ContagiouH 
 or infectious 
 disease" 
 
 "Infected" 
 
 "Minister" 
 
 INTEEPEETATION. 
 
 • In this Ordinance unless the context otherwise requires: 
 
 (a) The expression "house" means any place used as a 
 dwelling ; 
 
 (&) The expression "contagious or infectious disease" 
 includes small pox, chicken pox, scarlatina, measles, 
 German measles, diphtheria, Asiatic cholera and any 
 such other disease as may hereafter be declared con- 
 tagious or infectious by the Lieutenant Governor in. 
 Council ; 
 
 (c) The expression "infected" means that condition of a 
 person or thing which is the effect of exposure to any 
 contagious or infectioxis disease or contact with any- 
 thing which has been so exposed under such circum- 
 stances as make it possible that such disease may be 
 spread because of such exposure or contact ; 
 
 {d) The expression "minister" means the commissioner 
 of agriculture or such other member of the executive 
 council as the Lieutenant Governor may direct to 
 administer this Ordinance ; 
 
PUBLIC HEALTH 953 
 
 (e) The expression "medical practitioner" means any "Medical 
 
 T -,-, TO ^ T 1 ■ ■ practitioner' 
 
 legally qualmed medical practitioner. 1902, c. 4, 
 s. 2. 
 
 PEECAUTIONS AGAINST CONTAGION. 
 
 3. Any person who: 
 
 (a) Has become infected or who has control as parentjCwtam 
 guardian or master of anyone who has becomedeflned 
 infected ; or who has possession or control of anything 
 which has become infected and who does or causes or 
 permits to be done any act whereby any other person 
 is or may become exposed to infection or who refuses 
 or neglects to cause such disinfection of any such 
 person or thing as is herein prescribed ; or who 
 
 (h) Being occupant of any infected house causes or per- 
 mits to enter therein any person who is not a medical 
 practitioner or other necessary attendant on the sick 
 or a person acting under instructions from any health 
 officer ; or who, 
 
 (c) Not being an inmate of any infected house or a resi- 
 dent of any quarantined district or a medical prac- 
 titioner or other necessary attendant on the sick or a 
 person acting under instructions from any health 
 officer knowingly enters any infected house or 
 quarantined district; or who, 
 
 (d) Being a physician in attendance on any infected 
 person fails to take such precautions for the disinfec- 
 tion of his person and clothing or for the prevention 
 of infection as are prescribed in the schedule hereto ; 
 or .who, 
 
 (e) Being a nurse or other person charged with the care 
 or nursing of any infected person or of any person 
 ill of typhoid fever refuses or neglects to take such 
 measures respecting the disinfection and disposal of 
 the discharges from any such person as are described 
 in the schedule hereto ; or who 
 
 (/) Being ovmer or tenant of any infected house 
 either by himself or his agent knowingly offers for 
 sale or hire such house or any part thereof without 
 first causing it to be disinfected as prescribed in the 
 schedule hereto ; and for the purposes of this section 
 a house shall be deemed to be let for hire to any part 
 of which any person is admitted as a boarder or 
 lodger; or who, 
 
954 
 
 rUii:.l<J HEALTH 
 
 (y) Being the parent or guardian of any pupil in attend- 
 ance at any school who is residing in any house which 
 has become infected, or who has whooping cough, or 
 being the proprietor oi any house in which any such 
 pupil is boarded or. lodged and which has become 
 infected, thereafter allows such j)upil to attend any 
 school without first delivering to the teacher of such 
 school a medical practitioner's certificate certifying 
 that the disinfection prescribed in the schedule 
 hereto has been done under his direction both as to 
 the person and clothing of the pupil and as to the 
 house in which it resides or is boarded or lodged ; or 
 who, 
 
 (h) Having been exposed to the infection of Small pox 
 fails to remain in quarantine for a period of twenty 
 days after having been so exposed and to have his 
 person and clothing disinfected as prescribed in the 
 schedule to this Ordinance;, 
 
 shall be guilty of an offence and liable on svunmary conviction 
 thereof to a fine not exceeding $100 and costs of prosecution or 
 to imprisonment for a period not exceeding three months or to 
 both fine and imprisonment : 
 
 Provided that any inmate of any infected house may do 
 whatever may be necessary to procure medical or other aid m 
 any emergency: 
 
 Provided that any healthy adult imnate of any house 
 infected with measles, German measles, diphtheria or scarla- 
 tina may, under the direction of a medical practitioner be 
 disinfected as to his person and clothing as prescribed in the 
 schedule hereto and may thereupon be allowed to change his 
 place of abode: and 
 
 Provided that any healthy adult inmate of any house 
 infected with measles, German measles or chicken pox, not 
 being a school teacher, may when isolation of the case or cases 
 can be maintained in a separate rooin or rooms after disinfec- 
 tion under the direction of a medical 2:)raetitioner as prescribed 
 in the schedule hereto and with his permission be allowed to 
 come and go to his house and carry on his ordinary vocation: 
 
 Provided that any person who has been exposed to the infec- 
 tion of small pox \\'ho has been successfully vaccinated subse- 
 quent to such exposure or who holds a certificate of a medical 
 practitioner certifying that he has satisfied such medical 
 practitioner that he has been successfully vaccinated within a, 
 period of three years immediately prior to such exposure need 
 not remain in quarantine as provided in clause (h) of this 
 section. 
 
PUBLEC HEALTH 955 
 
 (2) The medical practitioner in attendance or any health infected per- 
 
 n-. T, ,^ . r, 90" <"■ thing lo 
 
 oincer may order the removal oi any infected person or thing to be isolated 
 •any hospital, pesthouse or any isolated building or tent pro- 
 vided for that purpose. 1902, c. 4, s. 3. 
 
 4. AVhenever auv contaiiious or infectious disease occurs inNoticepf dis- 
 
 ■^ ^ ease to be 
 
 any house the occupant shall forthwith affix and shall during affixed to 
 the whole period of infection keep affixed to the outside of 
 every outer door of such house a written notice of a size; not 
 less than four inches by six inches bearing the name of the 
 (]i'=!case with which such house is infected. 
 
 (2) Any person refusing or neglecting to comply with the 
 ])rovisions of this section shall be guilty of an offence and ' ' 
 
 liable on summary conviction thereof to a fine not exceeding 
 $50 and costs of prosecution. 1902, c. 4, s. 4. 
 
 5. ^Yllenever any medical practitioner is in attendance on a instructions 
 case of contagious or infectious disease in any house he shall practitioner 
 give the occupant or owner written notice that he must put up 
 
 a written notice on every outer door of his house and keep it 
 there until he is authorised to remove it by the medical prac- 
 titioner or health officer and a:lso shall give such occupant or 
 owmer as full written instructions as to the quarantine pre- 
 cautions to be taken in the case as he deems expedient. 
 
 (2) Any such occupant or owner refusing or neglecting to 
 comply with such notice or instructions shall be guilty of an 
 offence and liable on sumpaary conviction thereof to a fine not 
 exceeding $50 and costs of prosecution. 1902, c. 4, s. 5. 
 
 6. Any luedical' practitioner attending any persons ill of Medical 
 lyphoid fever not within the limits of any city or town shall tomspect"'' 
 inspect the premises where such person is so ill and if he w'hCTtffn- 
 should have reason to believe that the water supply thereof has rlsides'"^'"''"" 
 become contaminated by reason of any cesspool or privy pit 
 
 being adjacent thereto he shall notify the owner or occupant 
 of such premises to cause immediate removal of the contents 
 thereof and the subsequent disinfection and filling up with 
 eartli of such cesspool or privy pit. 
 
 (2) Any medical practitioner refusing or neglecting to com- penalty 
 ply with the provisions of this section shall be guilty of an 
 offence and liable on summary conviction to a penalty not 
 exceeding $50 and costs of prosecution. 
 
 (3) Any person refusing or neglecting to obey an order or p^.„^,jy ^^j, 
 notice given pursuant to the provisions of this section shall be^^^f^^^^^s.'" 
 guilty of an offence and liable on summary conviction thereof 
 
 to a penalty not exceeding $50 and costs of prosecution. 1902, 
 c. 4, s. 6. 
 
956 
 
 PUBLIC HEALTH 
 
 SAlSriTAEY INSPECTOES AND HEALTH OFFICEKS. 
 
 of'san'itary Pn- '^' The minister may at any time appoint a health officer oK 
 helSth'^offlcer Sanitary inspector to inspect and report on the sanitary condi- 
 tion of any premises not within the limits of any city or tovfn 
 or to investigate reported cases of contagious or infectious 
 diseases. 
 
 (2) It shall be the duty of such officer or inspector subject 
 to the instructions of the minister to prosecute any person 
 whom he may have reason to believe guilty of an offence under 
 any of the provisions of this Ordinance. 1902, c. 4, s. 7. 
 
 whe^epSbhc ^* -^^7 health officer or sanitary inspector may enter into 
 dangered ^^^ upon any premises and examine such premises; and if 
 upon such examination he finds that the premises are in a filthy 
 or unclean state or that any matter or thing is there which in 
 his opinion may endanger the public health he may order the 
 proprietor or occupant of the premises to cleanse and remove 
 forthwith what is found there; and in case the proprietor or 
 occupant of the premises neglect or refuse to obey his instruc- 
 tions such health officer or sanitary inspector may call to his 
 assistance any persons he may think fit and with such persons 
 may enter on the premises and cleanse the same and remove 
 therefrom and destroy what in his opinion it is necessary to 
 remove or destroy for the preservation of the public health. 
 
 SaS?f'°'°''* (2) Any action taken by a health officer or sanitary 
 inspector under the next preceding subsection shall be forth- 
 with reported fully to the minister. 
 
 Prosecution (3) Any proprietor or occupant neglecting or refusing to 
 obey orders obey any order given by any health officer or sanitary inspector 
 under the first subsection to this section shall be guilty of an 
 offence and liable on summary conviction to a fine not exceed- 
 ing $10 and costs of prosecution. 
 
 (4) In the case of any prosecution for neglect or refusal to 
 obey any order given by a health officer or sanitary inspector 
 under the provisions of the first subsection to this section the 
 justice of the peace who tries the case shall on conviction in 
 addition to any penalty which he may impose upon any such 
 proprietor or occupant for such neglect or refusal order that 
 the whole of the cost of doing, removing or destroying what- 
 ever is done, removed or destroyed i,n the interest of the public 
 safety shall be paid by the person so convicted to the health 
 officer or sanitary inspector. 1902, c. 4, s. 8. 
 
 Removal of 9. Whenever a disease of a malignant and fatal character is 
 
 certain discovered in any house and such house is situated in an 
 
 premise? 
 
PUBLIC HEALTH 957 
 
 unhealthy or crowded place or is in a filthy or neglected state 
 or is inhabited by too many persons the health officer having 
 jurisdiction in the place in which it is situate may compel the 
 inhabitants of such house to remove therefrom and may place 
 them in some more healthful situation under good shelter 
 imtil measures can be taken for the immediate cleansing, 
 ventilation, purification or disinfection of such house. 1902, 
 c. 4, s. 9. 
 
 QUARANTINE DISTKICTS. 
 
 10. The minister may declare any area or district in quar- o/quarantlne 
 antine because of the existence therein of any epidemic of'*'^'""' 
 contagious or infectious disease. 1902, c. 4, s. 10. 
 
 11- Where any quarantine district is established a health health officers 
 officer or sanitary inspector shall have power : dlatrfit*"""^ 
 
 (a) To prevent the departure or removal of persons or 
 conveyances from or into any such locality; 
 
 (l)) To detain persons or conveyances who or which have 
 been exposed to infection or contagion for inspection; 
 and may order the cleansing purifying and disinfecting 
 thereof and anything contained therein at the expense 
 of the owner, occupier or the person having the care 
 and control thereof and may order the detention for 
 this purpose of any steam boat, railway carriage or 
 car and any public conveyance and anything contained 
 therein and any person travelling thereby as long as 
 may be necessary to ensure that all danger of infection 
 is past. 1902, c. 4, s. 11. 
 
 CITIES AND TOWNS. 
 
 12. Every city or town shall appoint a health officer who city or town 
 
 •' •> IP • r- ■ •! to appoint 
 
 shall be a medical practitioner at the iirst meeting oi its council health officer 
 
 in each year and subject to the provisions of this Ordinance 
 
 may prescribe his powers, duties and remuneration and the 
 
 clerk of such council shall file a notice of such appointment 
 
 with the minister within fourteen days thereafter and if such 
 
 notice be not filed the minister may appoint any resident 
 
 medical practitioner of such city or town as health officer for 
 
 the year then current and fix his remuneration which shall be 
 
 recoverable as a debt due to the health officer so appointed 
 
 from the city or town. 1902, c. 4, s. 12. 
 
 13. Every health officer of a city or town shall before the Report to be 
 
 J •' .... made 
 
 third day of every month in each year report to the minister m 
 
958 PUBLIC HEALTH 
 
 such form as may be prescribed the number of cases of 
 c:))itagious or infectious disease, typhoid fever and tuberculosis 
 occurring within the limits of such city or town during the 
 then next preceding month. 1902, c. 4, s. 13. 
 
 TUBERCULOSIS. 
 
 »L.es of°' 14. Every medical practitioner shall on or before the third 
 
 iube.ciiio.sis ^1^^^^, ^j, jj^jj^^g^j.y^ April, July and October in each year report 
 
 to the minister in the form prescribed the number of cases of 
 tuberculosis which he has been called upon to attend during 
 ' the quarter last past. 
 
 (2) It shall be the duty of every practitioner when called 
 upon to attend a case of tuberculosis to furnish the patient 
 with a copy of the directions issued by the department for the 
 guidance of jDhthisical patients. 
 
 (3) It shall be the duty of such practitioner to furnish the 
 occupant or proprietor of the said house with a copy of the 
 directions issued by the dejjartment for the proper disinfec- 
 tion of premises that have been occupied by such cases and 
 when a medical practitioner is attending a patient subject to 
 tuberculosis and said patient dies or vacates the room he has 
 been occupying such medical practitioner shall give instruc- 
 tions to the occupant of the house for the proper disinfection 
 of the 2^ remises and the occupant shall follow such instruc- 
 tions. 1902, c. 4, s. 14. 
 
 MODE or BUEIAL IX CEETAIN CASES. 
 
 to burial 15- The body of any person who has died of scarlet fever, 
 
 diphtheria, small pox or Asiatic cholera shall be buried 
 privately under such precautions as to disinfection as are 
 prescribed in schedule 2 hereto. 1902, c. 4, s. 15. 
 
 EEPOETS OF MEDICAL PEACTITIO]N"EES. 
 
 ^e'^o'rt'tlf ^^' -l^^'^^y medical practitioner shall on or before the first 
 
 minister day of January, April, July and October in each year cause 
 a report to be mailed or delivered to the minister showing the 
 nundjer of cases of contagious or infectious diseases and of 
 typhoid fever not within the limits of any city or town which 
 he has been called to attend during the quarter last past and 
 such reports shall be in the form prescribed: 
 Proviso Provided that any cases occurring within the limits of any 
 
 city or town shall be reported by such medical practitioner 
 forthwith to the health officer of such city or town. 1902, c. 4, 
 s. 16. 
 
PtrBtic HEALTH 950 
 
 F.XPENDtTURK UXDUl! ORDI.X AA' (.' K. 
 
 l"?' Tbe Lieutenant Governor may order the payment of Payment of 
 any f,ee, allowance, or other renumeration for services rendered 
 or supplies furnished under the provisions of this Ordinance 
 out of the general reveunie fund. 11)02, c. 4, s. 17. 
 
 18. Where the necessitv and urgency for so doins: is estab- Payn'ent for 
 
 .,,.' ° . -J o necessary and 
 
 lished to the satisfaction of the minister by reason of the"''eent 
 
 '' expenditure 
 
 inability of any person or the friends of any person who may 
 be suffering from an infectious or contagious disease to 
 provide for such person the medical aid, accommodation and 
 such other services or articles necessary to mitigate or prevent 
 the spread of any such disease, the minister may in his discre- 
 tion authorise the health officer or any other person to provide 
 such medical aid, accommodation or other service or article as 
 may be required for such person and the cost of the same may 
 be defrayed by the Lieutenant Governor out of the general 
 revenue fund. 1902, c. 4, s. 18. 
 
 DISEASE OUTSIDE THE TEREITOBIES. 
 
 19- When any part of the Territories becomes exposed toJ^R^ss^f™™ 
 any contagious, infectious, or epidemic disease then existing affected_ma:^ 
 in any place outside the Territories, the Lieutenant Governor 
 iu Council may declare that such disease exists in such place 
 as aforesaid and prohibit all ingress to the Territories there- 
 from for a period to be named in such order. 1902, c. 4, s. 19. 
 
 ADDITIONAL REGULATIONS. 
 
 20. The Lieutenant Governor in Council mav make regula- Lieutenant 
 
 ■^ _ Governor in 
 
 tions respecting compulsory vaccination and for the prevention Council may 
 
 '- o c i/ _ 111- make regula- 
 
 of contagious and infectious diseases and tuberculosis nott'ona 
 inconsistent with any provisions of this Ordinance. 1902, c. 4, 
 s. 20. 
 
 FORMS. 
 
 31. It shall be the duty of the minister to prescribe suchjOTma^tobe 
 forms and regulations as may be necessary for the carrying 
 out of the provisions of this Ordinance. 1902, c. 4, s. 21. 
 
 EXFOROEllEXT OF OKDIXANOE. 
 
 33. For the effectual enforcement of the provisions of this Constables 
 Ordinance it shall be laM'ful for any health officer to call in 
 the aid of any policeman or constable and also to appoint 
 quarantine constables who shall possess the powers ordinarily 
 held by constables. 1902, c. 4, s. 22. 
 
960 PUBLIC HEALTH 
 
 offenders ^^' Upon the direction of any health officer or sanitary 
 
 inspector or on the information of any person or upon view of 
 any disobedience or violation of any of the provisions of this 
 Ordinance any peace officer or quarantine constable may arrest 
 the offender by the authority of this Ordinance and without 
 further warrant cause his person and clothing to be disinfected 
 if necessary and convey him before a justice of the peace to be 
 dealt with according to law. 1902, c. 4, s. 23. 
 
 PENAL CLAUSES. 
 
 destroyinl'^or ^^* -^.ny person defacing, destroying or removing any notice 
 
 notices"^ provided for by this Ordinance before the disinfection herein 
 
 provided for has been done shall be guilty of an offence and 
 
 liable on summary conviction thereof to a fine not exceeding 
 
 $25 and costs of proseciition. 1902, c. 4, s. 24. 
 
 negiecuo"^ ^^* Any person who neglects or refuses to obey any order 
 
 heafth'^fflcOT,' given to him by a health officer, medical practitioner or sani- 
 
 ^''''' tary inspector in pursuance of the provisions of this Ordinance 
 
 shall be guilty of an offence and on summary conviction thereof 
 
 be liable to a fine not exceeding $100 and costs of prosecution. 
 
 1902, c. 4, s. 25. 
 
 fs'auiung'^ 36. Whoever assaults, obstructs, molests or hinders any 
 
 offlce^**^'''' health officer, constable or other person in the execution of any 
 duty or exercise of any power conferred upon him by this 
 Ordinance shall be guilty of an offence and liable on summary 
 conviction thereof to a fine not exceeding $50 and costs of 
 prosecution. 1902, c. 4, s. 26. 
 
 offences not ^'^ ' -^^J person violating or neglecting or refusing to 
 videdTor '"^''' ol^serve any of the provisions of this Ordinance for which 
 violation or neglect or refusal no penalty is herein provided 
 shall be guilty of an offence and liable on summary conviction 
 to a fine not exceeding $50 and costs of prosecution. 1902, c. 
 4, s. 27. 
 
 Repeal gg. Chapter 19 of The Consolidated Ordinances 1898 is 
 
 hereby repealed. 1902, c. 4, s. 28. 
 
 PUBLIC INQUIRIES. 
 
 See INQUIRIES COjVCEENING public MATTERS. 
 
 PUBLIC INSTRUCTION. 
 
 See SCHOOLS. 
 
PUBLIC PRINTING 961 
 
 PUBLIC OFFICER'S SECURITY. 
 
 Bee SECUKiTY of public opficeks. 
 
 PUBLIC PRINTING. 
 
 An Ordinance respecting: Public Printing-. c.o. isos, cn 
 
 ■^ ° ° 15 March, 1899 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as foUovrs: 
 
 1- The Lieutenant Governor may appoint a governmcnt^^^^"^^^^ 
 printer for the Territories and may fix the salary and prescribe p""'^"" 
 the duties appertaining to the office. 0. 0. 11, s. 1 ; 1901, c. 5, 
 s. 1. 
 
 3. The Lieutenant Governor in Council may authorise the Publication of 
 
 ,,.. ,, ,, . . ; ic m-1 official gazette 
 
 publication not less than tvs'ice m each month oi an omcial 
 gazette to be called The North-West Territories Gazette for 
 the publication of proclamations, ofiicial and other notices and 
 of all such matters whatsoever as may be from time to time 
 required. C. O. 11, s. 2 ; 1901, c. 5, s. 2. 
 
 3. It shall be the duty of the government printer (subiect Printing and 
 
 . , -r . ^ • ^ -IN x publication of 
 
 to the direction of the Lieutenant Governor m Council) to Ordinances, 
 
 1T1T1 Gazette, etc. 
 
 print and publish or cause to be printed and published the 
 Ordinances of the Territories, The North-West Territories 
 Gazette and such documents and announcements as may from 
 time to time be required. C. O. 11, s. 3 ; 1901, c. 5, s. 1. 
 
 4. All advertisements, notices and documents whatever Publication of 
 
 ' T • 1 ■ A advertise- 
 
 relating to matters within the control of the Legislative Assem- ments, etc. 
 bly of the Territories and which by any law are required to be 
 published shall be published in the said official gazette unless 
 any other mode of publication is prescribed by law. C. O. 11, 
 s. 4. 
 
 5. The Lieutenant Governor in Council shall prescribe the g^^^f^^^,,, 
 conditions of the publication of the said Gazette; and shall and^c^harges.^^ 
 designate the public bodies, officers and persons to whom the ^X^^ipy„„ 
 said gazette shall be sent ; and shall make a tariff of charges to 
 
 be paid for the publication of notices, advertisements^ and 
 documents to be published in the said gazette and the price of 
 subscription to said gazette. C. 0. 11, s. 5. 
 
962 
 
 PUBLIC SEKVICE 
 
 Territorai (J. Tlie Territorial treasurer may advance from, time to 
 
 may make ad- ^j,^jg ^^^ qj- ^/^g qeneral revenue fund on the certificate of iha 
 
 vanc»s to gov- ' •' ' • i j- it 
 
 ernment government printer such sums as may he required for the pur- 
 purchase of chaso of stationery and other supplies for the use of the depart- 
 
 stationery ' •' t ■ n j. j.i 
 
 ments of the public service not exceeding m the aggregate the 
 amounts appropriated for departmental expenses. 
 
 (2) The sums so advanced shall he accounted for under such 
 regulations as may from time to time he made hy the Lieu- 
 tenant Governor in Council. 1901, c. 5, s. 1. 
 
 inanyOrdin; "J. Wherever the expression "Queen s printer ' occurs in any 
 Printer;' Ordinance it shall he understood to refer to the government 
 
 means Gov- c? • i i 
 
 ernment printer appointed under the provisions of the said chapter 11 
 of The Consolidated Ordinances 1898 as amended hy this 
 Ordinance. 1901, c. 5, s. 3. 
 
 Printer 
 
 PUBLIC SERVICE. 
 
 c.o.i89s,co An Ordinance respecting: the Public Service of tlie 
 
 15 March, 189P r & 
 
 Territories. 
 
 rp HE Lieutenant Governor by and with tlie advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITLE. 
 
 Short Title 
 
 1. This Ordinance may be cited as "The Territories Public 
 Service Ordinance." C. O. 5, s. 1. 
 
 INTEKPEETATION. 
 
 department" ^' -^^ *^^^ Ordinance unless the context otherwise requires 
 the expression "head of a department" or " head" means the 
 member of the executive council for the time being presiding 
 over a department. C. 0. 5, s. 2. 
 
 Employee 3^ rpj^^ expression "employee" or "employees" in this and 
 any other Ordinance shall include all persons in the service of 
 the government and of the Legislative Assembly of the Terri- 
 tories other than the clerk of the Legislati\-e Assembly and th(! 
 auditor appointed under The Treasury Department Ordinance. 
 C. O. 5, s. 3. 
 
 APPLICATION. 
 
 Public service 4. The public service of the Territories for the purposes of 
 this Ordinance includes and consists of the clerk of the Legis- 
 lative Assembly and the Territorial auditor and of all classes 
 
PUBLIC SEEVICE 963 
 
 of employees in or imder the following departments of the 
 government and of the Legislative Assembly of the Territories 
 heretofore appointed or hereafter to be appointed by the Lieu- 
 tenant Governor in Council or other competent authority, 
 namely : 
 
 (a) The office of the execiitive council; 
 
 (h) The department of the attorney general; 
 
 (c) The department of the Territorial socretary; 
 
 (d) The department of the treasury; 
 
 (e) The department of public works; 
 
 (/') The department of agriculture; 
 
 (g) The department of education; 
 
 (lb) The offices of the Legislative Assembly. C. O. 5, s. 
 4; 1901, c. 3, s. 1. 
 
 5. Save as hereinafter excepted this Ordinance shall apply ^pp^°|J^°" 
 to the offices of the registrar, clerks and deputy clerks of the pr*^®e^court 
 supreme coxirt of the Territories. In so far as applicable and 
 
 for the purposes of^this Ordinance the word "department" in 
 this Ordinance shall extend to and include the officers of the 
 supreme court mentioned in this section and the attorney 
 general of the Territories for the time being shall be the head 
 thereof ; but nothing herein contained shall impair or interfere 
 with any already established authority or control of the courts 
 and judges over their officers. C. O. 5, s. 5. 
 
 6. This Ordinance shall apply to the permanent employees ^PP^J^pioTees" 
 of the Legislative Assembly saving always all legal rights and Jfg^j'g^^ti^g 
 privileges of the said Assembly as respects the appointment or Assembly 
 removal of its officers or servants or any of them. C. O. 5, s. 6. 
 
 DIVISION OF THE PUBILC SEKVIOE. 
 
 7. The public service shall be divided into two divisions : 
 
 (a) The first or inside division shall consist of theinside 
 
 ^ '' - , ^ r£ division 
 
 employees comprising the several departmental starts 
 at the seat of government in the Territories enum- 
 erated in the fourth section of this Ordinance; 
 ("/;) The second or outside division shall comprise all Outside 
 
 V / . . division 
 
 other employees of the government o± the lerritories. 
 C. O. 5, s. Y. 
 
 CLEKK OF THE LEGISLATIVE ASSEMBLY. 
 
 8. The clerk of the Legislative Assembly shall be appointed Appomtment 
 by the Lieutenant Governor in Council and shall hold office 
 
964 
 
 PUBLIC SEKVIOE 
 
 during pleasure; but whenever such pleasure is exercised in 
 ibe direction of removing a clerk of the Legislative Assembly'- 
 from his office a statement of the reasons for so doing shall be 
 laid on the table of the Legislative Assembly within the first 
 fifteen days of the next following session thereof. 0. O. 5, 
 s. 8. 
 
 MAISTAGEMENT OF DEPABTMENTS. 
 
 Oversight of 
 department 
 
 9. The head of each department shall oversee and direct the 
 employees of the department ; and shall have general control of 
 Die business thereof ; and shall perform such other duties as aro 
 assigned to him by the Lieutenant Governor in Council. C. 0. 
 
 5, s. 9. 
 
 Powers of 
 deputy in 
 absence of 
 head 
 
 to. In the absence of any head, the deputy or assistant io 
 the head of the department shall perform the duties of such 
 head unless an acting head of the department is appointed or 
 the performance of such duties is otherwise provided for by the 
 Lieutenant Governor in Council; and any deputy or assistant 
 head so acting during such absence shall exercise all the powers 
 vested in the head as to the control of the other employees of 
 the department. C. 0. 5, s. 10. 
 
 APPOINTMENTS. 
 
 pro™t'ion ■"--'-• Every employee entering the public service of the 
 
 of employees Territories within the meaning of this Ordinance shall be 
 subject to a probation of six months; and his employment shall 
 cease at the end of that period from the date of his first 
 employment unless at or before the end of that period the bead 
 signifies in writing that such person is considered by him as 
 competent for the duty of that department; and if he is 
 rejected the head of the department shall report to the Lieu- 
 tenant Governor in Council the reasons for rejecting him. 0. 
 0. 5, s. 11. 
 
 How made 
 
 13. AH appointments to the public service shall be made by 
 the Lieutenant Governor in Council on the application and 
 report of the head of the department in which the person 
 appointed is to be employed. All such appointments shall be 
 during pleasure. C. O. 5, s. 12. 
 
 " '"^ 1 3. It shall be lawful for the Lieutenant Governor in 
 
 Council to appoint any member of the executive council to act 
 as head of a department and also to appoint any acting officer 
 or servant of any kind who shall have all the power and 
 authority of the person for whom -he is acting. 
 
PUBLIC SEEVICE 965 
 
 (2) Such acting head of department, officer or servant shall ,^j^^|"g^°(.j 
 act only in the absence from the post of duty or during illness 
 or other physical disability of the person for whom he acts or 
 in case of a vacancy in office. C. O. 5, s. 13. 
 
 OATHS. 
 
 14. All employees of the public service who have not already Employees to 
 
 -, -, s\ibscribe 
 
 done so and every clerk of the Legislative Assembly, Territorial'?, oaths of 
 
 "' ° •' ' allegiance 
 
 auditor or employee hereafter appointed before any salary igandofflce 
 paid to him shall take and subscribe the oath of allegiance and 
 also the oath contained in form A in the schedule hereto in 
 addition to any other oath which may be provided by any 
 other Ordinance in that behalf. G. O. 5, s. 14. 
 
 15. In the case of the clerk of the executive council and all^xe^utfve 
 employees under him and in the case of any officer or employee Sbsorlbe^to 
 of whom the Lieutenant Governor requires the same there shall secrecy- 
 be added to the oath at the asterisks in the form of the oath in 
 
 said form A of the schedule hereto the words contained in form 
 E in the said schedule. C. O. 5, s. 15. 
 
 16. The clerk of the executive council shall take and sub- ^|^™"^^'jf,j'°™ 
 scribe the said oaths before the Lieutenant Governor or some ^^thsare to 
 one appointed by him to administer the same; in the case of 
 
 persons residing or coming to reside at the seat of government 
 in the Territories the oath shall be taken and subscribed before 
 tlie clerk of the executive council ; in other cases the oaths may 
 be taken and subscribed before any person duly authorised to 
 administer oaths in the Territories who shall forward the same 
 to the clerk of the executive council. C. 0. 5, s. 16. 
 
 17. The clerk of the executive council shall keep a record f^^^J'^ °* 
 of all such oaths. C. O. 5, s. 17. 
 
 SALAEIBS. 
 
 18. All employees in the public service of the Territories, Salaries 
 the clerk of the Legislative Assembly and the Territorial 
 auditor shall receive such salaries respectively as may be 
 assigned to them by order in council and voted by the Legisla- 
 ture. 0. O. 5, s. 18. 
 
 OEGANISATION. 
 
 19. The staff of each department shall be divided and rank P''*^^?;]^^ 
 as follows: 
 
966 
 
 PUBLIC SEEVICE 
 
 (a) The deputy or assistant to the head of the depart- 
 ment; 
 
 (&) The chief clerk of each branch, bureau or subdepart- 
 ment provided the department is so divided ; 
 
 (c) Clerks; 
 
 Diviaion of 
 departments 
 
 (d) Messengers. 0. 0. 6, s. 19. 
 30. The Lieutenant Governor in Council may frOm time to 
 time divide any department into as many branches, bureaus or 
 subdepartments as may appear most convenient for the ser- 
 vice; and one of the clerks in such department may be 
 appointedl chief clerk of such branch, bureau or subdepart- 
 ment. C. 0. 5, s. 20. 
 
 GBNEEAL PROVISIONS AND EEGULATIONS. 
 
 Officials 
 required 
 
 31. As soon as conveniently may be after the passing of this 
 Ordinance the Lieutenant Governor in Council shall determine 
 the number of officers or employees that are required for the 
 of each department and shall classify the same 
 
 C. O. 5, s. 21. 
 
 working 
 according 
 
 to the arrangements so determined. 
 
 33. 
 
 Extra clerical '^:i. ^0 extra clcrk or other employee shall (except under an 
 
 assistance and _. .i\i n i-i i j^ 
 
 payment order in council) be employed m any department unless tor a 
 period not exceeding three months for which he may be paid at 
 a rate not exceeding two dollars and a half per day out of the 
 appropriation of the department on the certificate of the head 
 thereof; except only that if such extra clerk or employee be a 
 person of special attainments and employed as such he may be 
 paid at a rate not exceeding the ordinary charge for such ser- 
 vices. 
 
 (2) Any extra clerk or employee may (under an order in 
 council made on the application and report of the head of the 
 department that the same is requisite) be employed for a 
 longer period than three months and he shall during such 
 period be borne on the pay list of the department. At the end 
 of six months such extra clerk or employee- shall only be 
 retained in the department as a probationary clerk or employee 
 if appointed as such in the manner required herein. C. O. 5, 
 s. 22. 
 
 Employment 
 of extra 
 
 clerks 
 
 Hours of 
 attendance 
 
 33. The Lieutenant Governor in Council may regulate the 
 hours of attendance of the employees in any department; and 
 when the public service demands (in case of pressure or 
 urgency) that additional time be given such additional time as 
 the head or deputy head of any department may require shall 
 Ije given by all the clerks and employees without additional 
 compensation. C. 0. 5, s. 23. 
 
PLTBLIC SEEVIOE 967 
 
 34. The Lieutenant Governor in Council may transfer anyT'"^,"^*^'^^ 
 clerk or employee from one department to another or assign ^^o"" »"« 
 any duties to any clerk or employee temporarily or otherwise, to another 
 C. O. 5, s. 24. 
 
 35. Xo allowance or compensation shall be made for aiiy|'*£^^|^j.'J°^g 
 extra services whatsoever which any clerk or employee may be 
 required to jDerform. C. O. 5, s. 25. 
 
 36. The head of a department may suspend from the per- Suspension of 
 formance of his duty or from the receipt of his salary any 
 employee guilty of improper conduct or negligence in the 
 performance of his duties; and may subsequently remove such 
 suspension; but no person shall receive any salary or pay for 
 
 the time during which he was under suspension. C. 0. 5, s. 
 26. 
 
 37. Any application for increase of salary made by any No 
 
 BiDDllCALlOTIS 
 
 employee in the piiblic service or by any other person on his for increase 
 
 1/ «/ X nf aA,lH.rT to 
 
 l)ehalf with such employee's consent or knowledge shall be be made 
 considered as a tendering of the resignatidn of such employee. 
 C. 0. 5, s. 27. 
 
 38. The head of a department may at such times as may be Leave ot 
 convenient grant to each employee in the department leave oi 
 absence for recreation for any period not exceeding three weeks 
 
 for each year of service ; and the head of a department may (in 
 case of illness or other pressing necessity) grant such extended 
 leave not exceeding twelve months and on such terms as the 
 Lieutenant Governor in Council may think fit. 0. O. 5, s. 28. 
 
 39. The Lieutenant Governor in Council may make rules Rules and 
 and regulations for carrying the provisions of this Ordinance may be made 
 into effect. 0. O. 5, s. 29. 
 
 SCHEDULE. 
 FORM A. 
 
 Oath of Office. 
 
 T, (A.B.) do solemnly and sincerely swear that I will faith- 
 fully and honestly fidfil the duties which devolve upon me as 
 , and that I will not ask or receive any sum 
 of money, services, recompense or matter or thing whatsoever. 
 
968 
 
 JPUBLIC WORKS 
 
 directly or indirectly, in return for what I have done or may 
 do in the the discharge of any of the duties of my said office, 
 except my salary or what may be allowed me by law or by an 
 order of the Lieutenant Governor in Council 
 So help me God. 
 
 * * 
 
 FOEM B. 
 
 Addition to Oath toe Clerk of Executive Council and 
 
 Others. 
 
 And that I will not, without due authority in that behalf, 
 disclose or make known any matter or thing which comes to 
 iriy knowledge by reason of my employment as (as the case 
 may he). 
 
 1901, 0. 4 
 
 12 June, 1901 
 
 PUBLIC WORKS. 
 
 An Ordinance respecting Public Works. 
 
 [Assented to June 12, 1901.] 
 
 THE Lieutenant Governor by and with tlie advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 short title. 
 
 Short Title !■ This Ordinance may be known and cited as "The Public 
 
 M^orlcs Ordinance. 
 
 1901, c. 4, s. 1. 
 
 interpretation. 
 
 "Depart- 
 ment " 
 
 "Comis- 
 sioner " 
 
 3. In this Ordinance unless the context otherwise requires : 
 
 1. The expression "department" means the department of 
 I)ublic works for the North-West Territories ; 
 
 2. The expression "commissioner" means the commissioner 
 of public works for che Territories ; 
 
 "Deputy com- 3. The expression "deputy commissioner" means the deputy 
 
 missioner . . ,, i- .,.-.. , . 1 j 
 
 commissioner or the person performing his duties for the time 
 being ; 
 
 "Chief ^_ 4. The expression "chief engineer" means the chief engineer 
 
 engmeer ^£ ^j^^ department or the person performing his duties for the 
 time being; 
 
PUBLIC! WOKKS 969 
 
 5. The expression "district surveyor and cnniuocr" means " district 
 
 . . " ^ surveyor and 
 
 the district surveyor and engineer for any public Avorks district engineer " 
 appointed as lierein provided or any .surveyor or engineer 
 employed from time to time by the commissioner to perform 
 any of the duties imposed upon district surveyors and engineers 
 by this Ordinance ; 
 
 6. The expression ".public works district" means any por- ^'Jj'^j''^ 
 tion of the Territories which may from time to time be set"^'"'^""' ' 
 aside as a public works district with a distinctive name ; 
 
 7. The expression "surveyor" means a land surveyor duly "Surveyor" 
 authorised under the provisions of The Dominion Lands Act 
 
 OT- any Ordinance to survey lands in the Territories ; 
 
 8. The expression "road allowance" means any road allow- ^j^^^^^^g, 
 ance laid out under the provisions of The Dominion Lands 
 
 Act; 
 
 9. The expression "public road" means any road surveyed "Public road 
 and set aside as a public highway under the provisions of The 
 NortliAXest Territories Act or this Ordinance; 
 
 10. The expression "ditch" or "drain" means any ditch or "Ditch or 
 drain open or covered wholly or in part and whether in the 
 channel of a natural streaui, ci'eek or watercourse or not and 
 
 also the work and materials necessary for any culvert, catch 
 basin or guards ; and any ditch or drain constructed by the 
 dei)artment may be called "government ditch" and distin- 
 guished by a number; 
 
 11. The expression "construction" means the original workj.'j^^I?^'''^"''" 
 ot constructing any public "work or opening or making any 
 
 road allowance, road, ditch or drain; 
 
 12. The expression "maintenance" means and includes theJ.'g^^Q"g.. 
 . preservation and keeping in repair of any public work, road 
 
 allowance, road, ditch or drain; 
 
 13. The expression "public work" means lands, streams, '^ork""^ 
 watercourses and property (real or personal) heretofore or 
 hereafter acquired for public works; dams, hydraulic works 
 
 and other works for improving the navigation of any stream ; 
 ilams, slides, piers, booms or other works for facilitating the 
 ti'ansmission of logs or timber; dams erected for the storage 
 of water, water powers and works connected therewith ; roads, 
 cidverts, bridges, ditches, drains, public buildings and wells ; 
 
 14. The expression "written" or "writing" or terms of likeiiwnttenj'or 
 import mean and include words printed, engraved, lithographed 
 
 'or otherwise traced or copied ; 
 
 15. The expression ' "official v^.luator" means the offic.iar;offl«\^J^„ 
 appointed to that position as herein provided; 
 
9T0 
 
 PUBLIC WOEKS 
 
 ' Owner " 
 
 ' Outlet ' 
 
 ■ Person " 
 
 "Ferry "or 
 " ferries " 
 
 ' License ' 
 
 16. The expression "owner" includes any person who by 
 any right, title or estate whatsoever is or is entitled to be in 
 possession of any land ; 
 
 17. The expression "outlet" means any river, creek, water- 
 course or natural drainage channel; 
 
 18. The expression "person" includes partnerships and 
 companies ; 
 
 19. The expression "ferry" or ^'ferries" means any scow, 
 barge or boat used for the purpose of carrying passengers, 
 freight, vehicles or animals across any river, stream or other 
 body of water and the cable and appliances connected there- 
 with; 
 
 20. The expression "license" means the license issued to 
 any person to operate a ferry under the provisions of this 
 Ordinance. 1901, c. 4, s. 2. 
 
 OEGANISATION AND DUTIES 01? THE DEPAETMENT. 
 
 Organisation 3. There shall be a department of the public service of the 
 
 epar men j^Qj.^]^."\ygg^ Territories called the department of public works 
 
 over which the member of the executive coujicil appointed by 
 
 the Lieutenant Governor under the seal of the Territories to 
 
 Commissioner discharge the functions of the commissioner of public works 
 
 works for the time being shall preside. 1901, c. 4, s. 3. 
 
 Adminis- 
 tration 
 
 4. The commissioner shall have the administration, man- 
 agement and control of the department and of the general 
 biisiness thereof; and shall oversee and direct the officers, 
 clerks and servants of the department. 1901, c. 4, s. 4. 
 
 build[n"s*"' ^' '^^^ Commissioner shall also have the management, charge 
 and direction of the construction, heating, lighting, furnishing, 
 maintenance and keeping in repair of all government buildings. 
 1901, c. 4, s. 5. 
 
 g, ************* 
 
 Control of 
 public works 
 
 » Maps and 
 plans 
 
 Public 
 highwaja 
 
 T- The com'missioner shall also have the control and man- 
 agement of the construction and maintenance of all public 
 works; and of the issue of any and all maps and plans needed 
 by the department or by any other department of the ISTorth- 
 West Government; he shall also deal with all questions 
 affecting obstructions to any road allowance or public highway 
 which has been vested in the North-West Government for 
 ])ublic use, including the crossing of siich road allowances or 
 public highways by irrigation ditches, canals or other works; 
 
PUBLIC WOJJKS ' 97]^ 
 
 and with the providing and maintaining of public or private Ferries 
 ferries as herein provided on any river or stream or other body 
 of water in the Territories ; and shall have such other powers 
 and duties as may from time to time be assigned to him by the 
 Lieutenant Governor in Coimcil. 1901, c. 4, s. 7. 
 
 8. and 9. *********** » 
 
 VEKIFICATIOIs" OF ACCOUNTS. 
 
 10. The commissioner may require any account sent in by Accounts may 
 any person employed by the department to be verified by oath, Sn olth"'^'' 
 affirmation or statutory declaration which as well as that to be 
 
 taken by any witness may be administered or taken by the 
 commissioner or by the deputy commissioner. 1901, c. 4, 
 s. 10. 
 
 11. The commissioner may by notice in writing signed by Examination 
 him require the attendance before him at a time and place to °' '*'''°*^^*^ 
 be named in the notice of any person deemed necessary 
 touching any matter upon which his attendance is required ; 
 
 and may by the notice require such person to bring with him 
 
 all papers, plans, books, documents and things in his possession compelling 
 
 or under his control bearing in any way upon the matter 'so* 
 
 before him; and at the time and place appointed by the notice 
 
 examine the person so notified to be present on oath touching 
 
 the matter aforesaid. 
 
 (2) For the time lost and expenses incurred by any person Remuneration 
 in obedience to such notice, such person shall be entitled to 
 reasonable remuneration to be paid ovit of the general revenue 
 
 fund by the treasurer on the certificate of the commissioner. 
 
 (3) Any person wilfully neglecting or refusing in any way Penalty for 
 to comply with the notice of the commissioner or to be exam-pUance 
 ined as aforesaid shall be guilty of an offence and liable on 
 summary conviction to a fine of $25 and on nonpayment of 
 
 such fine forthwith after conviction to imprisonment for one 
 month. 1901, c. 4, s. 11. 
 
 PUBLIC PEOPEETY. 
 
 13. All lands, streams, watercourses and property (real orp^^^,;^ ^^^^^ 
 personal) heretofore or hereafter acquired for the use of pnb]icet.«-^tOjbe the 
 works; all dams, hydraulic works and other works for improv- hi^-^Majef^^^^ 
 ing the navigation of any water; all slides, dams, piers, booms ^y department 
 and other works for facilitating the transmission of logs or 
 timber ; all dams erected for the storage of water ; all hydrau- 
 
972 PUBLIC WOKKS 
 
 lie powers created by the construction of any public work; ail 
 roads and bridges; all i)ublic buildings; all vessels, dredges, 
 scows, tools, implements and machinery for the improvement 
 of navigation; all drains and drainage works; all ferries; all 
 wells; and all property hertofore or hereafter acquired, con- 
 structed, repaired, maintained or improved at the expense of 
 the Territories and not under the control of the Dominion 
 government shall be and remain vested in his ilajesty and so 
 far as not under the control of any other dc])artment shall be 
 under the control of the department of public works. 1901, 
 c. 4, s. 12. 
 
 may b™ " 13. The Lieutenant Governor in Council may from time to 
 pSbitc works time declare any other property (real or personal) and any 
 works, roads, bridges, harbours, booms, slides, buildings or 
 other things specified in the last preceding section and pur- 
 chased or constructed at the public expense to be public works 
 subject to the provisions of this Ordinance; and they shall 
 thenceforth be vested in his ]\Iajesty and under the control of 
 the department. 1901, c. 4, s. 13. 
 
 Maps, etc., not -t a \ i • • c i 
 
 private pro- A*. Any person having possession of any maps, plans, 
 
 required by specifications, estimates, reports or other papers, books 
 
 department , . . in i i J- ' 
 
 drawings, instruments, models, contracts, documents or records 
 relating to any public work who refuses or neglects upon 
 demand of the commissioner or other person authorised to 
 require it forthwith to deliver the same to the department shall 
 be guilty of an offence and liable on summary conviction 
 thereof to a penalty of $25 and on nonpayment forthwith on 
 conviction to imprisonment for one month. 1901, c. 4, s. 14. 
 
 peHymaybe ^^' ^^J Property (real or personal) when no longer 
 
 ^°^^ required for the use of any public work may be sold, leased or 
 
 otherwise disposed of under the authority of the conunissioner 
 
 and the proceeds of all such sales, leases and dispositions shall 
 
 be accounted for as public money : 
 
 Provided always that such property shall whenever prac- 
 ticable be so sold, leased or disposed of by tender or public 
 auction. 1901, c. 4, s. 15; 1903, Sess. 2, c. 3, s. 2. 
 
 Proviso 
 
 COXTP.ACTS. 
 
 Conmiissioner 16. The Commissioner shall have power to enter into anv 
 
 may enter _ ,1 •■ 
 
 into contract contract with any person or corporation that may be necessary 
 or advisable in carrying out the provisions of any Ordinance 
 '■ " of the Legislative Assembly ; but no deeds, coiitracts or writ- 
 ings shall hereafter be deemed to be binding on the department 
 nor shall be held to be the acts of the commissioner unless 
 signed by him or by the deputy commissioner. 1901, e. •'-, 
 s. 16. 
 
■ ruBLic WORKS 973 
 
 l^*' It shall be the dutv of the commissioner to inviteT'^".?"^^^ to bo 
 
 1 IT 1 • ' invited 
 
 tenders liy public advertisement or by other public notice for 
 
 the construction and repair of all public works except in cases 
 
 \^-hen from the nature of the work it can be more_expeditiously''^^'=''P''°"* 
 
 and economically executed by order or commission or by or 
 
 under the direction of the officers of the department. 1901, c. 
 
 4, s. 17. 
 
 18. The commissioner when any public work is beins'Security for 
 
 . -, -, 1.1 .1 performance 
 
 carried out by contract and in other cases may require that of contracts 
 security be given to and in the name of his Majesty for the due 
 performance of the work A\'ithin the amount and time specified 
 for its completion and in all cases where it seems to the 
 commissioner not to be expedient to let such work to tiie lowest 
 bidder it shall be his duty to report the same and obtain the 
 authoritv of the Lieutenant Governor in Council previous to where con- 
 
 ^ 1111 trs-cts not let 
 
 passing; by such lowest tender; but no sum of moncv shall be to the lowest 
 
 J^ . ° -^ ' ' bidder 
 
 paid to the contractor iinr shall any work be commenced on any 
 contract imtil the contract has been signed by all the parties 
 named therein nor until any security required has been given. 
 1901, c. 4, s. 18. 
 
 19. All contracts respecting any public works or Property Contract^to 
 (real or personal) under control of the department hereto- Majesty 
 f(,re or hereafter entered into by the commissioner or by any 
 
 other person duly authorised to enter into the same shall enure 
 to the benefit of his Majesty and may be enforced as if they 
 had been entered into with his Majesty tmder the authority of 
 this Ordinance. 1901, c. 4, s. 19. 
 
 ACTIONS ANT) SUITS. 
 
 20. All actions, suits and other proceedings for the enforce- Aetions to be 
 
 ' e ^ C instituted by 
 
 ment of any contract or for the recovery of any damages ^o^ attorney 
 any tort or breach of contract or for the trial of any right in 
 respect of any property (real or personal) under the control of 
 the department shall be instituted in the name of his Majesty 
 by the attorney general. 1901, c. 4, s. 20. 
 
 EVIDENCK OF EECOEDS, ETC. 
 
 31. Copies of any records, documents, plans, books ^^ Co^^not^^^ 
 papers belonging to or deposited in the department attested J^;;|;X{ted 
 under the signature of the commissioner or of the deputy facie evidence 
 commissioner shall, be prima facie evidence of the same and 
 shall have the same legal effect as the original in any court or 
 elsewhere. 1901, c. 4, s. 21. 
 
974 
 
 rUULIC WOEKS 
 
 ANXUAL EEPOET OF THE DEPARTMENT. 
 
 Annual report 33. The Commissioner shall make and submit to the Lieu- 
 tenant Governor an annual report on all the works under the 
 control of the department to be laid before the Legislative 
 Assembly within ten days from the commencement of the 
 session next following the end of the year for which such report 
 is made with such further information as may be requisite to 
 enable the Legislative Assembly to judge of the working of the 
 department. 1901, c. 4, s. 22, 
 
 PUBLIC WOEKS DISTEICTS. 
 
 Public works 
 district 
 
 33. The Lieutenant Governor in Council may from time to 
 time set aside any portion of the Territories as a public works 
 district; and a notice of the order setting aside any district 
 describing the boundaries of the district shall be published in 
 the official gazette. 1901, c. 4, s. 23. 
 
 ?i°OTs'anT ^^' '^'^^ Lieutenant Governor in Council may appoint one 
 
 engineers or more qualified persons as district surveyors and engineers 
 
 for any public works district ; and may define their duties and 
 
 fix the remuneration to be paid such district surveyors and 
 
 engineers. 
 
 (2) A notice of the appointment of any district surveyor 
 and engineer shall be published in the official gazette. 1901, 
 c. 4, s. 24. 
 
 Penalty for 
 obntructing 
 district 
 
 SUTVejOT 
 
 Examination 
 of witnesseti 
 
 Compelling 
 attendance 
 
 35. Any person who interrupts, hinders or molests any 
 district surveyor and engineer engaged in making any exam- 
 ination, exploration or survey in connection with any work 
 authorised by this Ordinance shall be guilty of an offence and 
 upon summary conviction thereof shall be liable to a penalty 
 not exceeding $50 or to imprisonment for a term not exceeding 
 two months or to both 1901, c. 4, s. 25. 
 
 36. Any district surveyor and engin?er may by notice in 
 writing signed by him require the attendance before him at a 
 time and place to be named in the notice of any person deemed 
 necessary touching any matter upon which his attendance is 
 required in connection with any piiblic work ; and may by the 
 notice require such person to bring with him all papers, plans, 
 books, documents and things in his possession or under his 
 control bearing in any way upon the matter so before him ; and 
 at the time and place appointed by the notice examine the 
 person so notified to be present on oath touching the matter 
 aforesaid. 
 
PUBLIC WOEKS 975 
 
 (2) For the time lost and expenses incurred by any person ^®™""e''*Won 
 in obedience to such notice such person shall be entitled to 
 reasonable remuneration to be paid out of the general revenue 
 fund by the treasurer on the certificate of the commissioner. 
 
 (3) Any person wilfully neglecting or refusing in any way nonclmvS^ 
 to comply with the notice of the district surveyor and engineer *"<>« 
 or to be examined as aforesaid shall be guilty of an offence and 
 liable on summary conviction to a fine of $25 and on nonpay- 
 ment of such fine forthwith after conviction to imprisonment 
 for one month. 1901, c. i, s. 26. 
 
 SUEVETS. 
 
 2TI. The commissioner may from time to time cause sur-Surveys of 
 veys to be made by a duly qualified surveyor of any old trail 
 which existed as such prior to the subdivision of the land which 
 it crosses into sections or any road allowance diversion or new 
 road ; and one copy of the plans of such surveys approved by 
 the chief engineer shall be deposited in the lands titles ofiice 
 for the land registration district within which such old trail, 
 road allowance diversion or new road is situated and a second 
 copy in the department. 
 
 (2) Such old trails, road allowance diversions or new I'oads Location and 
 shall be laid out one chain (or sixty-six feet) in width ; and in 
 making the survey of any old trail the surveyor may make 
 
 such changes in the location thereof as he deems necessaj-y 
 without however altering its main direction. 
 
 (3) The commissioner may from time to time prescribe a Manual of 
 
 ^^ •' ,,n Btructions 
 
 manual of instructions- for the guidance of surveyors employed 
 in making any surveys authorised by this Ordinance ; and may 
 therein direct the manner in which such surveys shall be 
 marked on the ground and the plans and field notes of the sama 
 prepared. 1901, c. 4, s. 27. 
 
 38. The commissioner may close up the whole or any c^o^inKup 
 portion of any road allowance or other public road and may 
 deal with the land in any such road allowance or other public 
 road as may seem expedient. 
 
 (2) All documents necessary to transfer the title to the 
 portion of any road allowance or other public trail which has 
 been closed as herein provided shall bs signed by the 
 commissioner. 1901, c. 4, s. 28. 
 
 29. The commissioner may cause to be made by a dulysurvey^or^ 
 qualified surveyor the survey of any area required for any 
 public building, dam, reservoir, ditch, drain or any other public 
 work. 1901, c. 4, s. 29. 
 
076 rrnLTc avorks 
 
 Exploration ^o. The coiimiissioiicr mav from time to time cause to be 
 
 for public <- 
 
 "'"'■''^ made by a duly qualified surveyor or engineer any exploration 
 
 or investigation needed in connection with the examination of 
 any portion of the Territories to determine the feasibility f nd 
 cost of any proposed public work. 1901, c. 4, s. 30. 
 
 DEAINAGE. 
 
 31. to 46. -■■■ ■■■■' ■"■ ^^ - ^^ ^^ * *^ * * 
 
 LAXnS IJKQUTEEn FOR PTTBLIC WORKS. 
 
 Expropriation 4*7. Tho Commissioner may by surveyors, engineers, fore- 
 pubifc works m.en, agents, workmen and servants enter upon and take 
 
 possession of any lands in whomsoever vested required for any 
 
 public work 1901, c. 4, s. 47. 
 
 Survey and 48. Lauds taken for any public work shall be surveyed 
 
 and marked on the ground by a duly qualified surveyor who 
 shall prepare a proper plan of the same. 
 
 (2) Every person ivlio iiUerritpts. hinders or molests any 
 person irliile engaged under authority of the commissioner in 
 removing any obstruction, malcing an exnminnficn for' or in 
 constructing . maintaining or repairing any piiblic irorlc or any 
 ivorks connected tliernritli on any land after the survey 
 Hereof has been approved by the commissioner sliill b? guilty 
 of an offence and upon summary conviction tJiereof liable to 
 a penalty not exceeding $50 and costs or to imprisonment 
 for a period not exceeding thirty days or to bofJi. 1001, c. 4 
 s. 4R; 1904, e. 2, r. 1. 
 
 I'lantobe ap- 49. The plans of any lands required for any public work 
 ciiief engineer shall be examined and approved by the chief engineer; and 
 
 one copy thereof shall thereuiwn be filed in the department. 
 
 1901, c! 4, s. "49. 
 
 Application to 50. The Commissioner mav thereupon applv ex parte to a 
 
 judge for vest- _ • . . 
 
 lug order judge of the Supreme court for an order vesting in his ilajesty 
 every estate and interest in the lands shown on the plan in the 
 next preceding section mentioned ; and the judge shall upon 
 the production to him of a copy of the said plan certified by 
 the commissioner or cl-iief engineer and a certificate of the 
 commissioner stating that the said lands are required for the 
 purposes of this Ordinance make the said order which shall 
 have the efFect of divesting all persons other than his]\Iajesty 
 of any interest in the said land. 1901, c. 4, s. .50. 
 
I'UBLIC WORKS 9Y7 
 
 51. Upon the filing in the department of the pLan of anyvoticeof 
 land taken for any public work as hereinbefore provided the"™"™**'"™ 
 commissioner shall except in cases hereinafter provided for 
 cause to be served bv ordinary process of mail upon all persons 
 shown by the records of the land titles office to be interested 
 in the lands so taken a notice setting forth the compensation 
 which he is ready to pay for the lands so taken : 
 
 Provided that when compensation is claimed by two or more 
 persons who are unable to agree as to a division thereof the 
 commissioner may pay the same to the clerk of the supreme 
 court nearest to the land affected to be paid out to the parties 
 interested in such proportions as may be ordered by a judge of 
 the supreme court on application thereof. 1901, c. 4, s. 51. 
 
 53. If any person entitled to compensation for lands takenciaim forin- 
 for any public work is dissatisfied with the amount offered compensation 
 therefor as herein provided he shall within one month from the 
 date of the notice provided in the next preceding section notify 
 the commissioner in writing of such dissatisfaction and shall in 
 such notice state the amount he claims as compensation for the 
 lands so taken together with a full statement of the facts in 
 support of his claim. 1901, c. 4, s. 52. 
 
 .53. The commisftionev .'^hall consider such claim for Compensaiion 
 
 . fixed by 
 
 increased compensation and shall notify the claimant of "'^^^^i'^f"™'" 
 decision in respect thereto hy re<;istered letter. disagreement 
 
 (2) l^uch claimant if dissatisfied with the decision of the 
 commissioner may irithin sixty days after being notified 
 of the decision of the commissioner give notice in ivritinq to 
 the commissioner which may he by registered letter that he 
 will submit the claim to arbitration and the said claim shall 
 thereupon be submitted' to arbitration and such arbitration 
 shall be to tiro arbitrators under the prorisions of The 
 Arbitration Ordinance. 
 
 (3) If the claimant does not so notify the commissioner and 
 make the deposit as in the next following subsection reciuired 
 within the said period of sixty days as in tlie next preceding 
 snhsection provided he shall be deemed to hare accepted the 
 commissioner's decision and shall not'thereafier be at liberty 
 to question it. 
 
 (4) The claimant shall with the notice of submission to 
 arbitration deposit with the commissioner as security for the 
 costs of the arbitration a sum equal to ten per cent, of the 
 amount claimed by hiin but not in any erent less than $25. 
 
978 PUBLIC WORKS 
 
 (5) All costs and expenses of the arbitration shall he paid 
 hy the claimant unless the arbitrators shall award him a sum at 
 least ten per cent, greater than the amount fixed hy the com- 
 missioner hy his final decision and the commissioner shM he 
 entitled to deduct his costs and expenses of the arbitration out 
 of the moneys deposited hy the claimant and the surplus, if any, 
 shall he returned to the claimant. 
 
 (6) In the event of the claimant not being required to pay 
 the commissioner's costs of the arbitration the full amount 
 deposited by him shall he returned to him. 
 
 (7) The only costs alloivable upon any arbitration under 
 this section shall be arbitrators and witness fees. 
 
 (8) In estimating the amount to which the claimant is 
 entitled the arbitrators shall consider, and find separately as 
 to the valus of the land tahen and of all improvements 
 thereon, the damage, if any, to the remaining property of the 
 claimant and the original cost only of any extra fencing which 
 may be necessary by reason of the taking of the land and if 
 the value of the remaining property of the claimant is 
 increased by reason of the construction of the public worh 
 through his property the increase of value shall he deducted 
 from the amount so estimated and found and the balance, if 
 any, shall be the amount awarded to the claimant. 1903, 
 Sess. 2, c. 3, s. 3. 
 
 rcwS'on^''^ 53a. If any one or more persons petition the commissioner 
 
 payment*"^ Z^*" ^^'■^ Opening of a road through any land and the commis- 
 expenses sioncr is of Opinion that such road may be reasonably opened 
 for the convenience and benefit of such person or persons as 
 aforesaid hut that such road is not required in the interest of 
 the public generally the commissioner may require the said 
 person or persons to deposit with the Territorial treasurer such 
 sum as he considers sufficient to cover the cost of opening the 
 road and paying compensation in connection therewith and if 
 the said road or any road which in the opinion of the commis- 
 sioner will he of equal or nearly equal convenience and benefit 
 to such person or persons as aforesaid is thereafter opened the 
 sum so deposited or so^nuch thereof as may be necessary may 
 be applied towards paying the expenses of opening the road 
 and paying compensation in connection therewith and any 
 balance which remains shall be repaid to such person or 
 persons as aforesaid. 1903, Sess. 2, c. 4, s. 4. 
 
PUBLIC WOKKS 979 
 
 OFFICIAL VALUATORS. 
 
 54. The Lieutenant Governor in Coimcil may appoint one Offlciai raiua- 
 or more competent persons as official valuators and may define '"^ 
 
 the duties of such officers and fix the remuneration to be paid 
 them for their services. 1901, c. 4, s. 54. 
 
 55. The commissioner may employ any official valuator to^inspection and 
 inspect and report regarding the value of any lands taken for ™''°'^' 
 public works, and may empower such valuator to make an offer 
 
 of compensation to the o-^vner of the lands so taken and such 
 offer shall have the same force and effect as if made by the 
 commissioner under the provisions of section 51 of this 
 Ordinance. 1901, c. 4, s. 55. 
 
 56. If any resistance or opposition is made by any person siippression of 
 to the taking by the commissioner or any person authorised by commissioner 
 him of lands for public works as provided by this Ordinance a 
 
 judge of the supreme court of the Territories may on proof of 
 the proper taking of such lands as herein provided issue his 
 warrant to the sheriff of the judicial district within which such 
 lands are situated directing him to put down such resistance or 
 opposition and to put the commissioner or some person acting 
 for him in possession of such lands ; and the sheriff shall take 
 with him sufficient assistance for such purpose and shall put 
 down such resistance or opposition and shall put the 
 commissioner or the person acting for him in possession 
 thereof; and shall forthwith make a return to the supreme 
 court of such warrant and of the manner in which he executed 
 the same. 1901, c. 4, s. 56. 
 
 57. The provisions of sections 47 to 56 inclusive of this Provisions of 
 Ordinance in so far as they are applicable shall apply to all retroacUTe 
 cases of the taking of lands for public works proceedings for 
 
 which have been begun before the coming into force of this 
 Ordinance but have not been completed by the transfer of 
 such lands to his Majesty. 1901, c. 4, s. 57. 
 
 SALE OF LAKDS VESTED IN HIS MAJESTY. 
 
 58. The commissioner shall have the administration and Administra- 
 
 , . tion and dis- 
 
 management of all lands taken for public works as nerem posai of public 
 provided and of all other lands the property of the Territories ; 
 and, such lands may be disposed of from time to time under 
 regulations to be prescribed by the Lieutenant Governor in 
 Council. 
 
OftO rilBl.TC WOEKS 
 
 (2) The said lands when required te le leased or transferred 
 may be so leased or transferred nnder the hand and official seal 
 of the commissioner. 1901, c. 4, s. 58. 
 
 Public ferries 
 
 PUBLIC FEEEIES. 
 
 59. The commissioner may when he deems it expedient to 
 do so establish and maintain a public feri'v or ferries on any 
 river, stream or other body of water in- the Territories; and 
 may operate such ferry or ferries as a public work collecting 
 thereon such tolls as he may fix and determine. 1901, c. 4, 
 s. 59. 
 
 PRIVATE FEREIES. 
 
 Licencefor , 60. The Commissioner mav from time to time issue an 
 
 private ferry, 
 
 annual license to any person or persons for the establishment 
 and operation of a private ferry or ferries on any river, stream 
 or other body of water in the Territories granting the exclusive 
 right to maintain and operate the said ferry or ferries within 
 the limits specified irt such license and upon such terms as he 
 may deem fit. 1901, c. 4, s. 60. 
 
 specrfy" tolls ^^' ^^ery ferry license granted shall specif j^ the maximum 
 •"■"• rate of tolls which may be charged on such ferry, the kind and 
 
 size of the scow, barge or boat to be used in such ferrying, the 
 limits of the river, stream or other body of water within which 
 such ferry is to be operated and the hours during which such 
 ferries shall be operated. 1901, o. 4, s. 61. 
 
 Licence to be 63. Every person holding a license for a ferry shall keep it 
 
 posted up i, . . . '' ^ 
 
 posted up at all times is a conspicuous place on such ferry. 
 1901, c. 4, s. 62. 
 
 No tolls to be 63. jSTot withstanding anything contained in this Ordinance 
 children no toU shall be charged for children going to or returning from 
 
 Maiisnot to be school and in no case shall his ^Majesty's mail be obstructed or 
 a higher rate be charged for the conveyance thereof than the 
 rates that may be charged according to the terms of the license 
 between the hours of six o'clock in the morning and nine 
 o'clock in the evening. 1901, c. 4. s. 63. 
 
 Punishment of 64. If any person using an authorised ferry refuses to pay 
 
 persons refus- , i • i m i i i <■ ,■ . , i ■ 
 
 ing to pay tolls the authorised toil or rates chargeable for lerrymg him or ms 
 property the licensee of such ferry' may forthwith seize any 
 property in possession of the offender then being ferried. and 
 hold the same; and such person shall be guilty of an offence 
 and upon summary conviction thereof shall be liable to a 
 
PUBLIC AVOKKS 981 
 
 penalty not exceeding $:iO and in default of payment thereof to 
 iuiprisomnent for a period not exceeding two months; and the 
 property so seized shall be liable for the payment of the fine 
 and the toll and the costs of the prosecution and may be sold 
 under distress warrant to satisfy such charges. 1901, c. 4, 
 s. G-1. 
 
 65. The immediate approaches to everv ferry shall be kept Approaches to 
 
 IT T T • 1 1 T " • ferry to be 
 
 in sucn order antl conditum by the licensee as is necessary to keptin order 
 make the ferry accessible at all times for loaded vehicles and 
 animals attached thereto without danger or injury. 1901, c. 4, 
 s. 65. 
 
 66. A ferry on any stream, river or other body of water Ferry not to 
 that may be fordable at any time shall not be used to block up '"•'"™ 
 
 or injure such ford or fords or the landing therefrom ; nor shall 
 the licensee do any act which will make the ford on any such 
 stream, river or other body of water more difficult or daagcrou? 
 than it would otherwise have been. 1901, c. 1, s. 6(5. 
 
 6'?. Any person unlawfully interfering witli the^ rights of Punishment 
 
 , . •'-,\ - , . / . ^ . . '^ . , . for iiiterfer- 
 
 a.ny licensed ferryman by taking, carrying or conveying within ence with 
 
 , "^ o7 t/ o .; -r^ rights of licen- 
 
 the limits of any such ferry license across the stream, river or Red ferryman 
 other body of water on which the same is situate any person or 
 personal property or any vehicle or animal in any scow, barge 
 or boat or any I'aft or other contrivance for hire or reward or 
 hindering or interfering with such licensee in any way shall be 
 guilty of an offence and upon summary conviction thereof shall 
 be liable to a penalty not exceeding $100 for each such offence 
 and in default of payment thereof to imprisonment for any 
 period not exceeding three months. 1901, c. 4, s. 67. 
 
 TKO'VISlOJSr FOR LOW WATER. 
 
 68. In case the water in anv stream, river or other body of License lo 
 
 • ' _ *' provide small 
 
 water in respect of which the license for the operation of a t"">'t oi" p^''^^ 
 feriy has been issued becomes too shallow to permit of such 
 ferry being operated, the licensee shall provide and keep a 
 small boat or canoe with which he shall transfer foot passengers 
 and their baggage across such stream, river or other body of 
 water; and for such service the licensee shall be allowed to 
 charge the fees prescribed in his license for like services by 
 means of the ferry. 1901, c. 4, s. 68. 
 
 IXSPKCTIOH" OF FERRIES. 
 
 69. The commissioner may from time to time appoint such inspection of 
 person as he may see fit to inspect and report on the condition 
 
 5f any ferry or with reference to the complaint of any person 
 
982 
 
 PUBLIC WOEKS 
 
 using or desiring to use such ferry; and if at any time the 
 person or persons holding a ferry license fail to comply with 
 the written instructions of the commissioner by neglecting to 
 repair any scow, barge or boat used in connection with such 
 ferry or to provide a new scow, barge or boat in place of any 
 one considered as being unsafe or by not providing safe and 
 sufficient immediate approaches to such ferry he or they shaF 
 forfeit his or their licenses. 1901, c. 4, s. 69. 
 
 1 
 
 PENAI/L'IES FOll OFFESCKS BY LICENSEES. 
 
 Penalty for 
 TlolatinK 
 terms of 
 liceuae or 
 Ordinance 
 
 TO. Any licensee violating any of the terms or conditions 
 of his license or of this Ordinance shall be guilty of an offence 
 and be liable on summary conviction thereof to a penalty not 
 exceeding ^50 and in default of payment thereof to imprison- 
 ment for any period not exceeding one moiith unless the fine 
 and costs are sooner paid ; and shall be further liable to forfeit 
 his license under the direction of the commissioner. 1901, c. 
 4, s. 70. 
 
 Feestobepaid 71. All money received for ferry licenses, fees or bonuses 
 
 to general ^ ^ "^ ^ ^ ' 
 
 revenue fund under this Ordinance shall be deposited to the credit of the 
 general revnue fund of the Territories. 1901, c. 4, s. 71. 
 
 Penalty for 
 unlicensed 
 ferry 
 
 'S'3. Any person operating a private ferry without having 
 first obtained a license therefor as provided by this- Ordinance 
 shall be guilty of an offence and upon summary conviction 
 thereof shall be liable to a fine of $10 for each and every day 
 tliat such ferry is operated without such license. 1901, c. 4, 
 s. 72. 
 
 PIIOTECTION OF PUBLIC WOEKS. 
 
 Penalty for 
 obstructing; 
 public high- 
 way 
 
 73. Any person who obstructs or interferes in any manner 
 with any road allowance or other surveyed highway vested in 
 his Majesty as herein provided shall be guilty of an offence 
 and upon summary conviction thereof shall be liable to a fine 
 not exceeding $50 or imprisonment for thirty days or both. 
 1901, c. 4, s. 73. 
 
 Penalty for 
 injuring pub- 
 lic work 
 
 74. Any person who carelessly or wilfully breaks, cuts, fills 
 up or otherwise injures any public work shall be guilty of an 
 offence and upon summary conviction thereof be fined a sum 
 not exceeding $100 and costs and in default of payment after 
 conviction may be imprisoned for a period not exceeding sixty 
 days; and the justice of the peace may further order the 
 offender to forthwith repair any such damage or remove any 
 obstruction as aforesaid. 
 
PUBLIC WOEICS 983 
 
 (2) Any person who rides or drives any horse, mule i'^'brWeeo"" 
 horned cattle upon or across any bridge the property of his 
 Majesty at a pace faster than a walk shall be guilty of an 
 offence and shall be liable upon siimmary conviction thereof to 
 
 a penalty not exceeding $25. 
 
 (3) Any person who wilfully places any obstruction on any Obstructing 
 bridge the property of his Majesty or who in any way 
 prevents, hinders or causes delay to any person desiring to 
 
 travel across such bridge shall be guilty of an offence and shall 
 be liable upon summary conviction thereof to a penalty not 
 exceeding $50. 
 
 (4) Every person who uses any bridge the property of his 
 Majesty in connection with the movement of any portable steam 
 engine or any steam traction engine shall provide sufficient 
 plank of not less than two inches in thickness and twelve inches 
 in width to be laid longitudinally upon the flooring of such 
 bridge under the wheels of such portable steam engine or steam 
 traction engine ; and any person neglecting or refusing to pro- 
 vide and use such planks shall be guilty of an offence and liable 
 upon summary conviction thereof to a penalty not exceeding 
 $50. 1901, c. 4, s. 74. 
 
 GENERAL. 
 
 75. The registration in the land titles office of the plan of Registration 
 
 _ o r^ of plan to vest 
 
 the subdivision into lots or blocks of any land not within the streets, etc., in 
 
 . Crown 
 
 limits of an incorporated city or town shall vest the title to all 
 streets, lanes, parks or other reserves for public purposes sho^vn 
 on such plan in his Majesty ; and no change or alteration in the 
 boundaries of any such street, lane, park or public reserve shall 
 be made without the consent of the commissioner having been 
 first obtained. 1901, c. 4, s. 76. 
 
 '76. A tracing or lithographed copy of the plan of every sub- 
 division of any section or quarter section of land or any river 
 lot or block within the Territories into lots or blocks shall he 
 filed in the department within thirty days after the original is 
 filed ir\, the land titles office for^ the district within which such 
 land is situated. 
 
 (2) Such copy shall be duly certified as being a correct copy 
 of 'the original plan of such subdivision by the surveyor who 
 makes the survey of the same or by the owner of the land shown 
 on such plan or some person on his behalf. 1904, c. 2, s. 2. 
 
 77. The Lieutenant Governor in Council may from time to Li^enje^ant^ 
 time make such regulations and prescribe such forms as may p^«^<;"^« 
 be deemed necessary for the proper carrying into effect of the 
 provisions of this Ordinance. 1901, c. 4, s. 77. 
 
984 ' LANDS OF EELIGIOUS SOCIETIES 
 
 nepoai 78. Chapter 9 of The Consolidated Ordinances 1898, 
 
 chapter 15 of The Consolidated Ordinances 1898, chapter 18 of 
 The Consolidated Ordinances 1898 and chapter 4 of the Ordi- 
 nances of 1900 are hereby repealed. 1901, c. 4, s. Y8. 
 
 QUAKERS MARRIAGES. 
 
 See MAEEIAGE. 
 
 QUARANTINE. 
 
 See PUBLIC HEALTH. 
 
 RAILWAYS. 
 
 See ASSESSMENT OF EAILWAYS. 
 
 STOCK INJUEED BY EAILWAY TEAINS. 
 
 REAL PROPERTY. 
 
 See DisTEEss. 
 
 LIENS ON iAND FOE TAXES. 
 LIMITATION OF ACTIONS. 
 EELIGIOUS CONGEEGATIONS. 
 TAX SALES OF LAND. 
 TAXES A LIEN ON LAND. 
 TENANCY IN COMMON. 
 
 REGISTRATION OF BIRTHS, MAR- 
 RIAGES AND DEATHS. 
 
 See VITAL STATISTICS. 
 
 REGISTRATION OF PARTNERSHIPS. 
 
 See PAETNEESIIIPS. 
 
 RELIGIOUS SOCIETIES' AND CONGRE- 
 GATIONS' LANDS. 
 
 r.o 1898, c 38 An Ordinance respecting- the Holding of Lands in 
 Trust for Religious Societies and Congregations. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : i 
 
 Trustee may 1. When any reliffious societv or coneTegation of Christians 
 
 bo appointed . . "'. J^ . " o o 
 
 to hold lands m the lemtories desire to taiie a conveyance or transfer of 
 
 land for the site of a church, chapel, meeting- house, burial 
 
 "■■ ■■' ground, residence or p:lebe for the minister or for the support 
 
LAiS^DS OF RELIGIOUS SOCIETIES 985 
 
 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 und 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 320 acres 
 Ordinance more than three hundred and twenty acres of land. 
 G. O. 38, s. 1. 
 
 3. Such trustees shall within twelve months after the execu- conveyance to 
 tion of the transfer or deed of conveyance as authorised in the within 
 next preceding section cause the title to the land described 
 therein to be registered in the land titles office of the land 
 registration district in which the land is situated, otherwise 
 the said deed or transfer shall be void. C. O. 38, s. 2. 
 
 3. When a debt has been or may hereafter be contracted for Debts secured 
 the building, repairing, extending or improving a church, ^ """"^ ^^^^ 
 chapel, meeting house or residence for the minister on land held, 
 
 by trustees under the provisions of this Ordinance or for the 
 purchase 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 with or 
 without interest by mortgage upon the land, church, chapel, 
 meeting house or residence for the minister or may borrow p^^er to 
 money to pay the debt or any part thereof and may secure the '""''''"^ 
 repayment of the loan with or without interest by a like mort- 
 gage. C. O. 38, s. 3. 
 
 4. The trustees may lease for any term not exceeding Land^may 
 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 resi- 
 dence for the minister or for a burial ground for the religious 
 society or congregation for whose use the land is held ; and 
 
 Provided further that the trustees shall not lease the land so ^^^en ^consent 
 held by them or any part thereof for a term exceeding three «°^f^'«e''«on 
 
 necessary 
 
986 
 
 LANDS OF EELIGIOUS SOCIETIES 
 
 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 
 proposed lease. C. O. 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, admin;?- 
 trators 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 mav at 
 the expiration of any term be on the demised premises ; and the 
 mode of ascertaining the amount of such rent or the value of 
 such improvements may also be provided for in the original 
 or any subsequent lease. C. 0. 38, s. 5. 
 
 Trustees to 
 have powers 
 of landlords 
 
 C The trustees for the time being holding land under iJiib 
 Ordinance which has been leased under the powers contained in 
 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. C. O. 88, 
 s. G. 
 
 Sale of land 17, 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 
 payment and the time of sale and after publication of the 
 notice not less than once in each week for four su-ccessive weeks 
 in a newspaper published in or near the place where the land 
 is situated, sell the land at public auction according to notice, 
 but the trustees 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 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. C. O. 38, s. 7. 
 
LANDS OF EELIGIOUS SOCIETIES 987 
 
 8. Before a deed or transfer is executed in pursuance of a ^y^^g'to °' 
 public or private sale the religious society or congregation for transfer 
 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. C. O. 38, s. 8. 
 
 9. Trustees selling or leasing land under the authority of Annual 
 
 • St&tfilUBIlt 
 
 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 prac- 
 tice of the church with which it is connected, have ready and 
 open for the inspection of the said society or congi-egation 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 benefit of the said society or 
 congregation which were in any manner derived from the land 
 under their control or subject to their management 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. C. O. 38, s. 9. 
 
 10. When land is granted, transferred or conveyed to society or- 
 trustees for the use of any religious society or congregation and may splci'fy 
 the grant, transfer or deed of conveyance of such land does not appointing 
 specify the manner in which the successors to the trustees trustees 
 therein named are to he appointed the religious society or con- 
 gregation 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 practice 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 indorsed on or annexed to 
 ihe 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 resolution 
 is adopted shall govern and regulate the manner in which the 
 successors of the trustees named in the original grant or con- 
 veyance shall be appointed and from and after the passing of 
 such resolution the provisions of this Ordinance shall apply to 
 tiie said society or congregaton and the trustees thereof. 0. O. 
 38, s. 10. 
 
§8$ EEMISSION OF PENALTIES 
 
 Presbyterian 11. In the case of a congregation connected with the Pres- 
 byterian Church in Canada for the use or benefit of which land 
 
 Exoepiion is now held or may hereafter be held by The Board of Manage- 
 ment of the Church and Manse Building Fund of the Presby- 
 terian Church in Canada for Manitoba and the I^orth-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. C. O. 38, 
 s. 11. 
 
 REMISSION OF PENALTIES. 
 
 1900, c. 9 An Ordinance respectinsf the Remission of Certain 
 
 4 May, 1900 ^ * 
 
 Penalties. 
 
 [Assented to May 4, 1900.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacis as follows: 
 
 Governor°may ^' The Lieutenant Governor in Council shall have power at 
 remitpenaities g^^y time to remit any pecuniary penalty or forfeiture imposed 
 by any Ordinance of the ISTorth-West Territories in whole or in 
 part, unless the same is imposed by An Ordinance respecting 
 the Legislative Assetnhly of the Territories or by some Ordin- 
 ance respecting elections of members of the Legislative 
 Assembly or is recoverable in respect of an offence committed 
 in connection with an election of a member of the said 
 Assembly. 1900, c. 9, s. 1. 
 
 bet'ifb^itte'd ^* ^ detailed statement of all remissions made under the 
 Assembiy'^'^'' authority of the last preceding section shall be submitted to the 
 
 Legislative Assembly within the first fifteen days of the next 
 
 ensuing session thereof. 1900, c. 9, s. 2. 
 
 RENTS. 
 
 See DISTRESS foe bent. 
 
SALE OF GOODS 989 
 
 SALES. 
 
 See BILLS OF SALE. 
 
 CONDITIONAL SALES. 
 SALE OF GOODS. 
 
 SALE OF GOODS. 
 
 An Ordinance respecting: tlie Sale of Goods. c.o.i898,o.39 
 
 1:0 la March, 1899 
 
 rril-IE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows 
 
 SHOET TITLE. 
 
 !• This Ordinance may be cited as "The Sale of Goods s^ort title 
 Ordinance." C. O. 39, s. 1. 
 
 INTEEPKETATION. 
 
 3' In this Ordinance unless the context or subject matter interpretation 
 otherwise requires : 
 
 {a) "Action" includes counterclaim and set off; 
 
 (&) "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 ; 
 
 (<^) "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; 
 
 if) "Factors Ordinance" means The Factors' Ordinance 
 and any enactment amending or substituted for the 
 same; 
 
 {rj) "Fault" means wrongful act or default; 
 
 (Ji) "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 
 severed before sale or vmder the contract of sale ; 
 
990 SALE OF GOODS 
 
 (y) "Property" means the general property in goods and 
 not merely a special property ; 
 
 (h) "Quality of goods" includes their state or condition ; 
 
 (l) "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 macie ; 
 
 (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 suoix 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 
 tlie 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 delivery of them. 
 C. 0. 39, s. 2. 
 
 PAKT I. 
 
 FOEMATION OF THE CONTEAOT. 
 
 Contract of Sale. 
 Sale and 3. A coutract of salc of goods is a contract Avhereby the 
 
 aureement r- i • i 
 
 to sell seller transfers or agrees to transfer the property m goods 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. 
 
SALE OF GOODS 991 
 
 (4) An agreement to sell becomes a sale when the time 
 elapses or the conditions are fulfilled subject to which the prop- 
 erty in the goods is to be transferred. C. 0. 39, s. 3. 
 
 4. Capacity to buy and sell is regulated by the general law Capacity to 
 
 . -^ . *' *=, ,. T • buy and sell 
 
 concerning capacity to contract and to transfer and acquire 
 property : 
 
 Provided that where necessaries are sold and delivered to an Proviso 
 infant or minor or to a person who by reason of mentalincapa- 
 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 iniant or minor 
 or other person and to his actual requirements at the time of 
 the sale and delivery. C. 0. 39, s. 4. 
 
 Formalities of the Contract. 
 
 5. Subiect to the provisions of this Ordinance and of any contract of 
 
 sfl-lp flow 
 
 Ordinance in that behalf a contract of sale may be made in made 
 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 : 
 
 Provided that nothing in this section shall affect the law Proviso 
 relating to corporations. C. O. 39, s. 5. 
 
 6. A contract for the sale of any goods of the value of fifty ^j32'-,'o'!;p^'^'J)* 
 dollars or upwards shall not be enforceable by action unless and upwards 
 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 recognises a pre-existing contract of sale whether 
 there, be an acceptance in performance of the contract or not. 
 C. O. 39, s. 6. 
 
 Subject Matter of Contract. 
 
 7. The goods which form the subject of a contvuct of salcExteUnu^^ 
 may be either existing goods owned or possessed by the seller 
 
992 
 
 SALE OF GOODS 
 
 or goods to be maniif actured 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 contract of sale the seller purports to effect 
 a present sale of futiire goods the contract operates as an agree- 
 ment to sell the goods. C. 0. 39, s. T. 
 
 havepCTilihed ^* "^Vhere there is a contract for the sale of specific goods 
 and the goods without the knowledge of the seller have perished 
 at the time when the contract is made, the contract is void. 
 C. 0. 39, s. 8. 
 
 Good a 
 perishing 
 before sale 
 but after 
 agreement 
 to sell 
 
 Ascertain- 
 ment of price 
 
 9. Where there is an agreement to sell epecific goods and 
 subsequently the goods without any fault on the part of the 
 seller or buyer perish before the risk passes to the buyer the 
 agreement is thereby avoided. C. O. 39, s. 9. 
 
 The Price. 
 
 10. The price in a contract of sale may be fixed by the 
 contract or may be left to be fixed in manner thereby agreed 
 or may be determined by the course of dealing between the 
 parties. 
 
 (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. 0. 0. 39, s. 10. 
 
 Agreement 
 to sell at 
 valuation 
 
 11« Where there is an agreement to sell goods on the terms 
 that the price is to be fixed by the valuation of a third party 
 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. C. 0. 39, s. 11. 
 
 stipulations 
 as to time 
 
 Conditions and Warranties. 
 
 13. Unless a different intention appears from the terms of 
 the contract stipulations as to time of payment are not deemed 
 
SALK OF GOODS 903 
 
 to be of the essence of a contract of sale. Whether any other 
 stipulation as to time is of the essence of the contract or uot 
 depends on the terms of the contract. 
 
 (2) In a contract for sale "month" means prima facie cal- 
 endar month. C. O. 39, s. 12. 
 
 13. Where a contract or sale is subject to any condition to when 
 
 be fulfilled by the seller the buyer may waive the condition or tobeVreated 
 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 condi- 
 tion the breach of which may give rise to a right to 
 treat the contract as repudiated or a warranty the 
 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 
 Avhich 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. 0. O. 39, s. 13. 
 
 14. In a contract of sale unless the circumstances of the implied . 
 
 undertaking 
 
 contract are such as to show a different mtention there is : as to title, etc. 
 
 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 incumbrance in favour of any third party not 
 declared or known to the buyer before or at the time when the 
 contract is made. C. O. 39, s. 14. 
 
994 
 
 SALE OF GOODS 
 
 Sale by 
 description 
 
 15. When there is a contract for the sale of goods by descrip- 
 tion there is an implied condition that the goods shall corre- 
 spond with the description; and if the sale be by sample as 
 ^Y(.'I1 as by description it is not sufficient that th« bulk of the 
 goods corresponds with the sample if the goods do not also 
 correspond with the description. C. O. 39, s. 15. 
 
 Implied 
 conditions 
 as to quality 
 or fitness 
 
 Sale by 
 sample 
 
 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 svich purpose: 
 
 Provided that in the case of a contract for the sale of a speci- 
 fied article im'der 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 manufac- 
 turer 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 thti usage of trade ; 
 
 4. An express warranty or condition does not negative a 
 warranty or condition implied by this Ordinance unless incon- 
 sistent therewith. C. 0. 39, s. 16. 
 
 Sale iy Sample. 
 
 17. A contract of snle is a contract for sale by sample where 
 lliore 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 ; 
 
 (&) There is an implied condition that the bviyer shall 
 have a reasonable opportunity of comparing the bulk 
 with the sample; 
 
SALE OF GOODS 995 
 
 (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 the sample. C. 0. 39, s. 17. 
 
 PAKT II. 
 
 EFFECTS OF TlIE CONTEACT. 
 
 Transfer of Property as hetiveen Seller and Buyer. 
 
 18. Where there is a contract for the sale of unascertained Goods must 
 goods no property in the goods is transferred to the buyer imlesf. "^ ^'^'^"'^ '^'""^ 
 and until the goods are ascertained. 0. 0. 39, s. 18. 
 
 19. Where there is a contract for the sale of specific or Properly 
 ascertained goods the property in them is transferred to the intended to 
 buyer at such time as the parties to the contract intend it to be ' 
 transferred. 
 
 ()i) For the purpose of ascertaining the intention of thei 
 parties regard shall be had to the terms of the contract, the 
 conduct of the parties and the circumstances of the case. C. O. 
 39, s. 19. 
 
 30. Unless a different intention appears the following are ruIcs for 
 rules for ascertaining the intention of the parties as to the time flitlntfon'"" 
 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 prop- 
 erty 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 be postponed. 
 
 Mule 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 theiri into a deliver- 
 able state the property does not pass until such thing 
 be done and the buyer 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 
 ascertaining the price, the propsrty does not pass 
 until such act or thing be done and the buyer has 
 notice thereof. 
 
996 SALE OK GOODS 
 
 Rule 17.— 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 me transaction ; 
 
 (6) 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 
 reasonable time. What is a reasonable time is a 
 question of fact. 
 
 Rule V. — Where 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 delivers 
 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 con- 
 tract. 0. O. 39, s. 20. 
 
 Reaervation 31. Where there is a contract for the sale of specific goods 
 
 of right of -11 
 
 disposal or where goods are subsequently appropriated to the contract 
 
 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 
 custodier for the purpose of transmission to the buyer, the 
 property in the goods does not pass to the buyrr until the con- 
 ditions imposed by the seller are fulfilled. 
 
 2. Where goods are shipped and by ths 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 an 1 bill of lading to 
 the buyer together to secure acceptance or payment of the bill 
 of exchange, the buyer is bouad to yeturn the bill of lading if 
 
SALE OF GOODS 997 
 
 he does not honour the bill of exchange and if he wrongfully 
 retains the bill of lading the property in the goods does noti 
 pass to him. C. O. 39, s. 21. 
 
 33. Unless otherwise agreed the goods remain at the seller'?RiskpWma 
 risk until the property therein is transferred to the buyer butwi^th 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 but for such fault : 
 
 Provided also that nothing in this section shall aifect the 
 duties or liabilities of either seller or buyer as a bailee or cus- 
 todier of the goods of the other party. C. O. 39, s. 22. 
 
 Transfer of Title. 
 33. Subiect to the provisions of this Ordinance, where o-oodsSaie by person 
 
 \ . ' ° not owner 
 
 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 biiyer acquires no better 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 
 enactment enabling the apparent owner of goods to 
 dispose of them as if he were the true owner thereof ; 
 
 {h) 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. C. 0. 
 39, s. 23. 
 
 84. When the seller of goods has a voidable title thereto butsaie under 
 
 ° . c 1 1 1 voidable title 
 
 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. 39, s. 24. 
 
 35. Where a person having; sold goods continues or is inseiierorbuyer 
 
 /. 1 T 1 _(• J.-J.1 J. J.1 -T in possession 
 
 possession of the goods or of the documents ot title to the goodsafter sale 
 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 notice of the previous sale, 
 shall have the same effect as if the person making the 'delivery 
 or transfer was expressly authorised by the owner of the goods 
 to make the same. 
 
998 
 
 SALE OF GOODS 
 
 (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 by 
 that j^erson 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 mer- 
 cantile agent in possession of the goods or documents of title 
 with the consent of the owner. 
 
 (?>) In this section the term "mercantile agent" has the 
 same meaning as in The Facto7-s' Ordinance. G. O. 39, s. 25. 
 
 PART III. 
 
 Duties 
 seller and 
 buyer 
 
 PEKFORJrAXCE OF THE COXTEACT. 
 
 36. 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. C. 0. 39, s. 26. 
 
 Payment and 
 delivery are 
 concurrent 
 conditions 
 
 21. Unless otherwise agreed delivery 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. C. 0. 39, s. 27. 
 
 Rules as to 
 delivery 
 
 38. Whether it. is for the buyer to take possession of the 
 goods or for the seller to send them to tlie buyer is a question 
 depending in each case on the contract express or implied 
 l)etweeu the parties. Apart from any such contract express or 
 implied 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 tliem is 
 iixed 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 l)y seller to buyer unless 
 and until such third person acknowledges to the buyer that he 
 holds the goods on his behalf: 
 
SALE OF GOODS 999 
 
 _ Provided that nothing in this section shall affect the opera- 
 tion of the issue or transfer of any d.K'iiiucnt of title to goods. 
 
 (4) Demand or tender of delivery may be treated as ineffGc- 
 hml 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. C. O. 39, s. 28. 
 
 39. Where the seller delivers to the buyer a quantity ofneiiverrof 
 goods less than he contracted to sell the buyer may reject them^^fity 
 but if the buyer accepts the goods so delivered he must pay foi 
 them at contract rate. 
 
 (2) Where the seller delivers to the buyer a quantity o± 
 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 good's 
 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 usa^ 
 (jf trade, special agreement or course of dealing, between tn 
 parties. C. O. 39, s. 29. 
 
 30. Unless otherwise agreed the buyer of goods is not bound in-staiment 
 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 questio;' 
 iu each case depending on the terms of the contract and the 
 c]]'cumstances of the case whether the breach of contract is a 
 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. C. O. 39, s. 30. 
 
 31. Where in pursuance of a contract of sale the seller ipj)eiiyery to 
 authorised or required to send the goods to the buyer deliver} '"^''"*'' 
 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. 
 
 i'e 
 
1000 
 
 SALE OF GOODS 
 
 (2) Unless otherwise authorised by the buyer the seller 
 must make such contract with the carrier on behalf of the 
 b\iyer as may be reasonable having regard to the nature of the 
 goods and the other circumstances of the case. If the seller 
 omits 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 respon- 
 sible in damages. 
 
 (3) Unless otherwise agreed where goods are sent by the 
 seller to the buyer by a route involving sea transit under 
 circumstances in which it is usual to insure, the seller must 
 give such notice to the buyer as may enable him to insure them 
 durmg 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. 
 C. O. 39, s. 31. 
 
 Risk where 
 goods 
 
 delivered at 
 distant place 
 
 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. C. 0. 39, s. 32. 
 
 Buyer's right 
 of examining 
 Kooda 
 
 33. Where goods are delivered to the buyer which he has 
 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. C. 0. 39, s. 33. 
 
 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 rela- 
 tion 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. C. 0. 39, s. 34-. 
 
 Buyer not 35. Unless otherwise agreed where goods are delivered to 
 
 bound to , , 1 1 J- 17 
 
 return the Duver and he refuses to accept tliem having the riffht so to 
 
 rejected goods , , . , , , , , , , , ° g, .; ov^ vvy 
 
 do, he IS not bound to return them to the seller but it is suffi- 
 cient if he intimates to the seller that he retuses to accept 
 them. 0. 0. 39, s. 35. 
 
SALE 01<" tiOOJJS 1001 
 
 36. When the seller is ready and willing to deliver the goods Liability of 
 and reqnests the buyer to take delivery and th* buyer does nott^Kfngor 
 Avithm a reasonable time after such request take delivery ofSfil",tf of 
 the goods, he 13 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 repudiatiou of the contract. O 39 
 s. 36. 
 
 PAET IV. 
 
 EIGHTS OF UNPAID SELLEK AGAIiS'ST THE GOODS. 
 
 o<. The seller of the goods is deemed to be an "unpaid Unpaid seller 
 seller" within the meaning of this Ordinance : '^'""^'^ 
 
 (a) When the Avhole of the contract price has not been 
 paid or tendered; 
 
 (i) When a bill of exchange or other npfioliable irstru- 
 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 indorsed or a consigner or agent who has himself paid or 
 is directly responsible for the price. C O. 39, s. 37. 
 
 38. Subject to the provisions of this Ordinance and of any unpaid seller's 
 Ordinance in that behalf, notwithstanding 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 of withholding delivery similar to and coextensive with 
 his rights of lien and stoppage in transitu where the property 
 iins passed to the buyer. 0. 0. 39, s. 38. 
 
1002 
 
 SALE OF GOODS 
 
 Seller's lien 
 
 Unpaid 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; 
 
 (h) 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 notwith- 
 standing that hf^ is in possession of the goods as agent or bailee 
 for the buyer. C. O. 39, s. 39. 
 
 e ivery ^q_ Where an unpaid seller has made part delivery of the 
 goods he may exercise his right of lien or retention on the 
 remainder unless such part delivery has been made under such 
 circumstances as to show an agreement to waive the lien or 
 right of retention. C. 0. 39, s. 40. 
 
 Termination 
 of lien 
 
 41. The 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 ; 
 
 (6) 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 
 retention 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. C. 0. 39, s. 41. 
 
 Right of 
 stoppap'e in 
 transit iL 
 
 Stoppage in Transitu. 
 
 4-3. 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 stop- 
 ping 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. C. 0. 39, 
 s. 42. 
 
SALE OF GOODS 1003 
 
 43. Goods are deemed to be in course of transit from the Duration of 
 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 btiyer 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 
 destination the carrier or other bailee acknowledges to thd 
 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 
 deliver the goods to the buyer or his agent in that behalf the 
 transit is deemed to be at an end. 
 
 (7) Where part delive:;^ 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. 0. 0. 39, s. 43. 
 
 44. The unpaid seller may exercise his right of stoppage in jjow stoppage 
 transitu either by taking actual possession of the goods or by effected ''" 
 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 communicate 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. 0. 0. 39, s. 44. 
 
1004 
 
 SALE Ol^" 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 document 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. 0. O. 
 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 his 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 
 impaid seller gives notice to the buyer of his intention to 
 resell and the buyer does not within a reasonable time pay or 
 tender th^. price the unpaid seller may resell the goods and 
 recover from the original buyer damages for any loss occa- 
 sioned by his breach of contract. 
 
 (4) Where the seller expressly reserves a right of resale in 
 case the buyer should make def aiilt 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 
 ha^e for damages. 0. 0. 39, s. 46. 
 
 Action for 
 price 
 
 PAET V. 
 
 ACTIONS IfOK BllEACII OF THK COXTEACT. 
 
 Remedies of the Seller. 
 
 '.1:1. Where under a contract of sale the property in the 
 goods has passed to the buyer and the buyer wrongfully 
 
SALE OV GOODS 1005 
 
 neglects or refuses to pay for the goods according to the terms 
 of the contract the seller may maintain an action against him 
 for the price of the goods. 
 
 (2) Where under a contract of sale the price is payable on 
 a day certain, irrespective of delivery, and the buyer wrong- 
 fully neglects or refuses to pay such price the seller may main- 
 tain 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. C. O. 39, s. 47. 
 
 48. Where the buyer wrongfully neglects or refuses to Damages 
 
 .,,, .. . fornon- 
 
 accept and pay for the goods the seller may maintain an action acceptance 
 against 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. C. O. 39, s. 48. 
 
 Remedies of the Buyer. 
 
 49. Where the seller wrongfully neglects or refuses to Damages^for i 
 deliver the goods to the buyer the buyer may maintain an 
 
 action against the seller for damages 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 
 they ought to have been delivered or if no time was fixed then 
 at the time of the refusal to deliver. 0. 0. 39, s. 49. 
 
 50. In any action for breach of contract to deliver specific specifto 
 
 */ /» 1 • 1 p 1 1 • performance 
 
 or ascertained goods the court may if it thinks fit on the appli- 
 cation of the plaintiff by its judgment or decree direct that the 
 
1006 
 
 SALE OF GOODS 
 
 Remedy for 
 breach of 
 warranty 
 
 Interest and 
 
 special 
 
 damages 
 
 contract shall be performed specifically without giving the 
 defendant the option of retaining the goods or 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. C. 0. 39, s. 50. 
 
 51. Where there is a breach of warranty by the seller or 
 where the buyer elects or is compelled to treat any breach of 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 
 
 (h) 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 
 have 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 saine breach of war- 
 ranty if he has suffered further damage. C. 0. 39, s. 51. 
 
 53. Nothing in -this Ordinance shall affect the right of the 
 biiyer or the seller to recover interest or special damages. in any 
 case where by law interest or special damages may be recover- 
 able or to recover money paid where the consideration for the 
 payment of it has failed. 0. O. 39, s. 52. 
 
 PART VI. 
 
 SUPPLEMENTAEY. 
 
 Exclusion of "'^" Where any right, duty or liability would arise under a 
 
 i™d condSa contract of sale 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. C. 0. 39, s. 53. 
 
SALE OF G0<9DS lOOY 
 
 54. Where by this Ordinance any reference is made to a^e^^^ona^'e 
 reasonable time the question what is a reasonable time is a^J'|^^|.°" 
 question of fact. 0. O. 39, s. 54. 
 
 55. Where any right, duty or liability is declared by t^iis R'gj.'^^^^^^- 
 Ordinance it may unless otherwise by this Ordinance provided '^y*"""" 
 be enforced by action. C. O. 39, s. 55. 
 
 56. In the case of a sale by auction where goods are ^^<''^*°'' ^*^®^ 
 put up for sale by auction in lots each lot is prima facie 
 deemed to be the subject of a separate contract of sale. 
 
 (2) A sale by auction is complete when the auctioneer 
 announces its completion by the fall of the hammer or in other 
 customary 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. C. O. 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 taeachTo*" 
 
 .. T 1 • J-- 1 ii. warranty 
 
 giving rise to a claim for damages he may m an action by tne alleged . 
 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 reasonable 
 security for the due payment thereof. 0. O. 39, s. 5Y. 
 
 58. The rules of the common law including the law mer- Existing laws 
 chant save in so far as. they are inconsistent with the express subject hereto 
 provisipns of this Ordinance and in particular the rules 
 relating to the law of principal and agent and the effect of 
 
 fraud, misrepresentation, 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 this Ordinance. 
 
1008 gcitoots 
 
 ^e"dgl"*^'''' "^ (^') ^^^ provisions of this Ordinance relating to contracts 
 of sale do not apply to any transaction in the form of a con- 
 tract of sale which is intended to operate by way of mortgage, 
 pledge, charge or other security. C. O. 39, s. 58. 
 
 SALE STABLES. 
 
 See LIVEEY AND SALES STABLES. 
 
 1901. c. 29 
 13 June 1901 
 
 Short title 
 
 SCHOOLS. 
 
 Principal Ordinance IQOJ, c. 2C) 
 
 Amending Ordinance i')Oj, sess. 2, c. 2j. 
 
 An Ordinance respecting Schools. 
 
 ^Assented to June 12, 1901.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHORT TITLE. 
 
 !• This Ordinance may be cited as "The School Ordin- 
 ance." 1901, c. 29, s. 1. 
 
 INTEEPEETATION. 
 
 Interpretation 3. In this Ordinance except the context otherwise requires : 
 epar men j^^ rpj^^ expression ''department'' means the department of 
 
 education ; 
 Commissioner 2. The cxpressiou "commissioner" means the commissioner 
 
 of education; 
 
 Council 3. The expression "council" means the educational council; 
 
 Inspector 4. The expression "inspector" means any school inspector 
 
 appointed under this Ordinance; 
 istrict g_ rpj^g expression "district" means any school district 
 
 erected or constituted as such at the date of the coming into 
 force of this Ordinance and any school district hereafter 
 erected or constituted under the provisions hereof; 
 
 Rural district (•_ rpj^g exprcssiou "rural district" means any school district 
 situated wholly outside the limits of any town or city -munici- 
 pality or any village: 
 
scitooLs 1009 
 
 Provided that in case any vnral district or any portion 
 tliereof is included in any villano that may hereafter be organ- 
 ised snch district shall for the purposes of this Ordinance be 
 deemed a rural district nntil the end of the then cnrrent cal- 
 endar year ; 
 
 7. The expression "village district" means any school dis- ^'^i^'^^e 
 trict situated wholly or in part within the limits of any village : 
 
 Provided that in case any village in ivhich is situate in 
 v)hole or in part a village district is at any time incorporated 
 as a town such village district shall for the purposes of this 
 Ordinance he deemed to continue to he a village district until 
 the end of the then current calendar year; 
 
 8. The expression "town district" means any school district Town district 
 situated wholly or in part within the limits of any town or 
 
 city municipality; 
 
 9. The expression "ratepayer" means any puison of the full Ratepayer 
 age of twenty-one years whose name appears on the last revised 
 assessment roll of the district and who has paid all taxes due 
 
 by him to the said district ; or in the case of a district in ivhich 
 there has heen no revised assessment roll any person of the full 
 age of twenty-one years who has oivned or heen occupant of 
 assessahle property therein for a period of at least tivo months; 
 
 10. The expression "resident ratepayer" means: Pesident 
 
 ■^ ^ "^ ratepayer 
 
 (a) In any proposed district any_ person of the full age of 
 twenty-one years actually residimj,- therein and who 
 has so resided therein and owned or b:en the occu- 
 pant of assessable property therein for a period of 
 at least two months immediately prior to the date of 
 the first school meeting; 
 
 ,(6) In any established district in which there has been 
 
 no revised assessment roll of the district any person . , 
 of the full age of twenty-one years actually residing 
 therein and who has so resided therein and owned or 
 been the occupant of assessable property therein for 
 a period of at least two months immediately prior to 
 the date of any school meeting; 
 
 (c) In any other district any person of the full age of 
 ■twenty-one years actually residing therein whose 
 name appears on the last revised assessment roll of 
 the district and who has paid all taxes due by him 
 to such district; 
 
 11. The expression "board" means the board of trustees of nard 
 any district; 
 
1010 
 
 Teacher 
 Owner 
 
 Occupant 
 
 Taxpayer 
 
 SCHOOLS 
 
 12. The expression "teacher" means any person holding a 
 legal certificate of qualification ; 
 
 13. The expression "owner" includes any person who by 
 any right, title or estate whatsoever is or is entitled to he in 
 possession of any land in a district; 
 
 14. TAe expression "occupant" includes inhabitant occupier 
 of any land of if there be no inhabitant occupier the person 
 entitled to the possession thereof and the leaseholder or holder 
 under agreement for lease and holder under agreement for sale 
 and any person having or enjoying in any way or for any pur- 
 pose whatsoever the use of land; 
 
 15. The expression "taxpayer" means any person who is the 
 owner or occupant of lands in respect of which some person is 
 or may be assessed. 1901, c. 29, s. 2, and 1903, Sess. 2, c. 27, 
 s. 1. 
 
 DEPARTMENT OF EDUCATIOH". 
 
 Organisation 3, There shall be a department of the public service of the 
 Territories called the department of education over which the 
 member of the executive council appointed by the Lieutenant 
 Governor in Council under the seal of the Territories to 
 discharge the functions of the commissioner of education for 
 the time being shall preside. 
 
 (2) The Lieutenant Governor in Council may appoint such 
 ofiicers, clerks and servants as are required for the' proper 
 conduct of the business of the department and for the purposes 
 of this Ordinance all of whom shall hold office during pleasure. 
 1901, c. 25, s. 3. 
 
 Functions 
 
 Administra- 
 tion 
 
 4. The department shall have the control and management 
 of all kindergarten schools, public and separate schools, normal 
 schools, teachers' institutes and the education of deaf, deaf 
 mute and blind persons. 1901, c. 29, s. 4. 
 
 5- The commissioner shall have the administration, control 
 and management of the department and shall oversee and direct 
 the officers, clerks and servants thereof. 1901, c. 29, s. 5. 
 
 Begulations of the Department. 
 
 6. The commissioner with the approval of the Lieutenant 
 Governor in council shall have power : 
 
 1. To make regulations of the department: 
 
SCHOOLS 1011 
 
 (a) For the classification, organisation, government Schools and 
 
 ,. , . . „ ,- ' a ' courses of 
 
 examination and inspection of all sciiools hereinbe- study 
 fore mentioned; 
 
 (h) For the construction, furnishing and care of school School 
 biiildings and the arrangement of school premises ; grounds 
 
 (c) For the examination, licensing and grading of Examination 
 teachers and for the examination of persons who may 
 
 desire to enter professions or who may wish certi- 
 ficates of having completed courses of study in any 
 school ; 
 
 (d) For a teachers' reading course and teachers' institutes i^^ytu^tes 
 and conventions; 
 
 2. To authorise text and reference books for the use of the J*j'a^^°°^»j„g 
 pupils and teachers in all schools hereinbefore mentioned as 
 
 well as such maps, globes, charts and other apparatus or equip- 
 ment as may be required for giving proper instruction in such 
 schools ; 
 
 3. To prepare a list of books suitable for school libraries and school 
 
 IjlDrBi 1*168 
 
 to make regnlalions for the management of such libraries; 
 
 4. To make due provision for the training of teachers. 1901, sohoofs' 
 e. 29, s. 6. 
 
 Powers of the Commissioner. 
 7. It shall be the dutv of the commissioner and he shall have Powers of 
 
 " commissioner 
 
 power : 
 
 1. To appoint one or more persons to inquire into and report :f.ppeais, 
 
 , ^ ^ , , J- disputes and 
 
 upon any appeal, complaint or dispute arising from the complaints 
 decision of any board or inspector or other school o3ficial . or 
 upon the condition of one or more schools or upon the financial 
 condition of any district or upon any other school matter ; and 
 such person or persons shall have power to take evidence under 
 oath or by affirmation; and the commissioner upon receipt of 
 such report shall make such order thereon as to him shall seem 
 proper ; 
 
 2. To appoint an official trustee to conduct the affairs of any official 
 district ; and any such official trustee shall have all the powers 
 
 and authorities conferred by this Ordinance upon a board and 
 its officers ; and shall be remunerated out of the funds of the 
 district' or otherwise as the Lieutenant Governor -in Council 
 may decide, and upon the appointment of any such official 
 trustee the board of any district for which he is appointed shall 
 cease to hold office as such ; 
 
1012 SCHOOLS 
 
 diSts"*'*"^ 3. To appoint some person to inquire into and report upon 
 the conditions existing in any portion of the Territories that 
 may not have been erected into a school district and subject to 
 the provisions of this Ordinance in that behalf to take such 
 action thereon as to him may seem expedient ; and such person 
 shall receive such remuneration as the Lieutenant Governor in 
 Council may determine ; 
 
 certmcates '^- "^"^ Suspend or cancel for cause any certificate grantecl 
 
 under the regulations of the department; 
 Advice to 5. To cause to be prepared and printed recommendations 
 
 trustees r i j. . . . 
 
 and advice on the management of schools and districts for 
 trustees and teachers; 
 
 '^•"■'"s 6. To prepare suitable forms and give such instructions as 
 
 may be necessary for making all reports and carrying out the 
 provisions of this Ordinance; 
 
 CaiimeetinRs 7. To appoint some person to call any school meeting 
 required to be held under this Ordinance when there is no 
 person authorised to call such meeting or when the person so 
 authorised neglects or refuses to act ; 
 
 pianRtor 8. To causc to be prepared plans of buildings suitable for 
 
 schools of one or two rooms ; 
 
 Annual report 9. To report annually to the Lieutenant Governor in 
 Council upon all schools and institutes herein mentioned with 
 such statements and suggestions for promoting education gen- 
 erally as he may deem expedient; 
 
 10. To make any provision not inconsistent with this Ordin- 
 ance that may be necessary to meet exigencies under its opera- 
 tion. 1901, c. 29, s. 7. 
 
 EDUCATIONAL COUNCIL. 
 
 Members 8. There shall be an educational council consisting of five 
 
 persons at least two of whom shall be roman catholics to be 
 appointed by the Lieutenant Governor in Council; who shall 
 receive such remuneration as the Lieutenant Governor in 
 Council shall determine. 
 
 Term of office (2) On the first Constitution of the council three of the 
 members shall be appointed for three years and two for two 
 years ; and thereafter each member appointed shall hold office 
 for two years. 1901, c. 29, s. S. 
 
 Meetings 9. Meetings of the council shall he held at such times and 
 
 places as may he determined hy the coiiiin,issio7ier hut at lead 
 one meeting shall he held In. each calendar year. 1903, Sess. 2, 
 c. 27, s. 2. ' ' 
 
SCHOOLS 1013 
 
 10. All general reffulations r('si)ectiii2; the inspection of Subjects for 
 
 . , ° , p . ' ° ^ consideration 
 
 schools, the examination, training, licensing and grading of 
 teachers, course of study, teachers' institutes and text and 
 reference books shall before being adopted or amended be 
 referred to the council for its discussion and report. 1901, c. 
 29, s. 10. 
 
 11. The council shall consider such matters as may be Report of 
 
 »■..,.,„ council 
 
 referred to it as hereinbefore provided or by the commissioner 
 and may also consider any question cdiiccniing the educational 
 system of the Territories as to it may seem fit and shall report 
 thereon to the Lieutenant Governor in Council. 1901, c. 29, 
 s. 11. 
 
 FOEirATION OF PUBLIC SCHOOL DISTKICTS. 
 
 13. Any portion of the Territories may be erected into a Conditions 
 j)ublic school district provided that: erect^icm of °'^ 
 
 district 
 
 (a) It does not exceed five miles in length or breadth 
 exclusive of road allowances; 
 
 (fc) It contains four persini.s actually resident therein who 
 on the erection of the district would bs liable to 
 assessment and twelve children between the ages of 
 five and sixteen inclusive : 
 
 Provided however that in special cases the com- special cases- 
 missioner may permit the boundaries of any district boundaries 
 to exceed five miles in length or breadth or either. ^'''^"" 
 1901, c. 29, s. 12. 
 
 13. Any three residents in any area fulfilling the require- Commitiee 
 
 - , ,. . 1 P T for erection 
 
 ments of the next preceding section may be formed or may of district 
 f'lvm themselves into a committee to procure its erection into a 
 district and may petition the commissioner for such erection. 
 
 (2) The petition shall be in form prescribed by the com- Petition 
 missioner. 1901, c. 29, s. 13. 
 
 First Scliool Meeting. 
 
 14. On receiving the appro\'al of the commissioner to the Notice of first 
 limits and name of any proposed district a notice calling a meeting 
 meeting of the ratepayers shall be posted up by the petitioners 
 
 i'-i at least five widely separated places within such limits one 
 of which shall be the post office therein if there be siich post 
 office and if there be no post office therein a sixth notice shall 
 be posted in the nearest post office thereto at least two weeks 
 prior to the date of said meeting. 
 
1014 
 
 Form 
 
 Proof of 
 posting 
 
 Urst meeting 
 
 Chairman 
 
 Secretary 
 
 SCHOOLS N 
 
 (2) The notice may be in form prescribed by the commis- 
 sioner. 1901, c. 29, s. 14. 
 
 15. Satisfactory proof that the notices have been posted up 
 tis heieinbefoTe provided shall be furnished by solemn declara- 
 tion in form prescribed by the commissioner. 1901, c. 29, s. 15. 
 
 16. At one o'clock in the afternoon standard time of the 
 day appointed in the notice calling the first school meeting the 
 resident ratepayers present shall elect one of their number as 
 chairman to preside over their proceedings and shall also 
 appoint a secretary who shall record the minutes of the 
 meeting and perform such other duties as may be required of 
 him by this Ordinance. 1901, e. 29, s. 16. 
 
 Cliairman 
 to sign 
 declaration 
 
 17. The chairman shall upon his appointment sign the 
 declaration provided in form A in the schedule to this Ordin- 
 ance. 1901, c. 29, s. 17. 
 
 Ratepayers 
 to sign 
 declaration 
 
 Katepayers 
 right to vote 
 
 Penalty for 
 
 false 
 
 declaration 
 
 Declaration to 
 be forwarded 
 to 
 commissioner 
 
 18. After the election of a chairman any person wishing to 
 take any part in the meeting or vote thereat shall be required 
 to sign in the presence of the chairman and secretary the 
 declaration provided in form A in the schedule to this Ordin- 
 ance and no person shall be allowed to take part in the meeting 
 or vote thereat unless and until he shall have signed such 
 declaration. 
 
 (2) Any person subscribing to a declaration form A con- 
 taining any false statement shall be guilty of an offence and 
 liable on summary conviction to a penalty not exceeding $10. 
 
 (3) Any declaration made under the provisions of this 
 section shall be forwarded by the chairman to the commis- 
 sioner. 1901, c. 29, s. 18. 
 
 Chairman not 
 to vote 
 
 19. The chairman may not vote on any question whether 
 the same is to be decided by a show o^ hands or a poll but in 
 case of a tie he must give a casting vote. 1901, c. 29, s. 19. 
 
 Poll for 
 formation of , 
 district 
 
 20. Upon his appointment and before any other business is 
 transacted except as provided in section 18 of this Ordinance 
 the chairman shall immediately cause a poll to be taken of the 
 votes of the resident ratepayers for and against the formation 
 of the proposed district. 1901, c. 29, s. 20. 
 
 Chairman 31. On the taking of the poll the chairman shall preside 
 
 secretary and the Secretary shall record the votes as they are given in 
 the form prescribed by the commissioner. 1901, c. 29, s. 21. 
 
SCHOOLS 1015 
 
 t 
 
 33. The poll shall remain open for one hour at the end of closing pou 
 which time it shall be closed by the chairman who shall then 
 sum tip the votes. 1901, c. 29, s. 22. 
 
 33. If the result of the poll is favourable to the formation Nominations 
 of the district the chairman shall immediately call for nomina- '"'' ''™'''®*^ 
 tions of persons to serve as trustees and the secretary shall 
 
 record such nominations in the order in which they are made. 
 1901, c. 29, s. 23. 
 
 34. The persons nominated for the position of trustees shall Qualification 
 be resident ratepayers of the proposed district and shall be able" 
 
 to read and write. 1901, c. 29, s. 24. 
 
 35. Each candidate for the position of trustee shall be How 
 nominated by a mover and seconder both of whom shall be °°™""^ ® 
 resident ratepayers of the proposed district. 1901, c. 29, s. 25. 
 
 36. Nominations shall be received by the chairman for Time for 
 thirty minutes after he first calls for the same. 1901, c. 29, 
 
 s. 26. 
 
 37. In case the number of nominations does not exceed Acclamation 
 three the chairman shall declare the persons nominated to be 
 elected. 1901, c. 29, s. 27. 
 
 38. If more than three candidates are nominated the chair- poii for 
 man shall at the close of the time for nominations declare a trustees 
 pol) open f<^r the election of trustees. 1901, c. 29, s. 28. 
 
 39. On the taking of the poll the chairman shall preside c^'^^i^man to 
 and the secretary shall record the votes as they are given in 
 
 the icrm prescribed by the commissioner. 1901, c. 29, s. 29. 
 
 30. Every resident ratepayer shall have three votes but Ratepayer's 
 shall in no case vote more than once for any one candidate at'° *^ 
 
 the same election. 1901, c. 29, s. 30. 
 
 31. The poll shall remain open for one hour at the end of closing pou 
 which time it shall be closed by the chairman who shall then 
 
 sum up the votes and declare the result. 1901, c. 29, s. 31. 
 
 33. Within ten days after the date of the first school chairman to 
 meeting the chairman shall send to the department certified m|mt^to^ 
 comet- of: 
 
1016 
 
 SCHOOLS 
 
 Commissioner 
 may order 
 erection of 
 district 
 
 Notice in 
 official gazette 
 
 Investigation 
 of disputed 
 election, etc. 
 
 Name of 
 district 
 
 Alteration 
 of name 
 
 Effect of 
 cbange 
 
 (a) The minutes of the meeting; 
 
 (b) The poll for the erection of the district; 
 
 (c) The poll for the election of trustees; 
 
 (d) The notice calling the meeting. 
 
 (e) The declaration of posting notices required by section 
 15. 1901, c. 29, s. 32, and 1903, Sess. 2, c. 27, s.S. 
 
 Order for Erection of ScJtool District. 
 
 33. Upon the receipt of the returns mentioned in the next 
 ))receding cection and upon being satisiied that all the require- 
 ments and provisions of this Ordinance with reference to the 
 formation of the district have been complied with the commis- 
 sioner may order the erection of the proposed district into a 
 school district and assign to it a name and number. 
 
 (2) ISTotice of the erection of the district shall be published 
 in the official gazette; and such notice shall be conclusive 
 evidence of the erection of the district and that all the neces- 
 sary formalities have been complied with. 1901, c. 29, s. 33. 
 
 34. Whenever complaint is made that the election of any 
 trustee or that the proceedings or any part thereof of any first 
 or other school meeting in any rural district have not been in 
 conformity with this Ordinance the commissioner may upon 
 receiving the complaint of any ratepayer verified by solemn 
 declaration of the coniijlainant investigate the matter and 
 render any decision in and about the same as to him shall 
 appear proper 
 
 (2) No sudh complaint shall be entertained by the commis- 
 sioner unless made to him in writing within twenty days after 
 the holding of the election or meeting. 1901, c. 29, s." 3-4. 
 
 Name of School District. 
 
 35. Every district created under this Ordinance shall be 
 entitled "The School District Xo. of the 
 jSTorth-West Territories." 
 
 (2) The commissioner may from time to time alter the 
 name of any district tipon the petition of the board of such 
 district and notice of sueli alteration shall be published in the 
 official gazette but in such cases the seal theretofore used by 
 such district shall continue to be the seal thereof until changed 
 by the board. 
 
 (3) No change in the name of any district made in accord- 
 ance with the provisions of this Ordinance shall affect any 
 obligations, rights, actions or property incurred, established, 
 (lone or acquired prior to such change. 1901, c. 29 s. 85. 
 
SCHOOLS 1017 
 
 FIRST BOAED OF TEDSTEES. 
 
 Term of Office. 
 
 36. The trustees elected at the iirst school meeting in any Terms of office 
 district shall hold office as follows: The trustee receiving the elected ITtirst 
 greatest number of votes shall hold office until the third annual '""'"" ""'""'' 
 meeting of the district is held ; the trustee receiving the next 
 greatest number of votes until the second annual meeting is 
 
 held ; and the' trustee receiving the lowest number of votes 
 until the first annual meeting is held : 
 
 Provided that in case there is no vote taken the trustees 
 elected shall respectively hold office in the order in which they, 
 are nominated until third, second and first annual meeting of 
 the district is held : 
 
 Provided further that if any two or more trustees elected 
 receive an equal number of votes they shall respectively hold 
 office in the manner provided in the next preceding proviso : 
 
 Provided further that if the annual meeting of a district is 
 not held in any year it shall for the purposes of this section be 
 deemed to have been held at the regular time. 1901, c. 29, 
 s. 36. 
 
 Declaration of Office. 
 
 37. Every trustee shall before the first meeting of the board Declaration of 
 
 . . . office 
 
 is held make the following declaration before the chairman of 
 the meeting at which he was elected or a justice of the peace 
 or commissioner for taking affidavits : 
 
 1, A.B., do hereby accept the office of trustee to which I have 
 been elected in {name of school district in full) and I will to 
 the best of my ability honestly and faithfully discharge the 
 duties devolving on me as such trustee. 
 
 Dated this day 
 
 of 190 A.B., 
 
 Trustee. 
 
 (2) The chairman, justice of the peace or commissioner certificate of 
 shall thereupon grant him a certificate in the following form : 
 
 I, CD., do hereby certify that {give name, residence and 
 occupation of the perso7i mentioned) elected trustee for {give 
 name of school district) has this day made before me the 
 declaration of .office as prescribed by The School Ordinance in 
 that behalf. ' G.D., 
 
 Chairman, J. P., or Commissioner. 
 
 Dated this' day 
 
 of 190 , 1901, c. 29, s. 37. 
 
1018 
 
 SCHOOLS 
 
 Organisaiion of Board. 
 First meeting 38. Upoii the orection of a district the trustee elected for 
 
 of board i i ^ i t • 
 
 the longest term shall be notified of the erection of the district 
 by the commissioner ; and he shall thereuj)on within ten days 
 after receipt of such notice call a meeting of the board in the 
 manner provided by. this Ordinance for calling such meetings 
 for the pnr230se of choosing one of its number as chairman and 
 appointing a secretary, treasurer or secretary treasurer and 
 transacting such other business as may be necessary. 1901, e. 
 29, s. 38. 
 
 FORMATION OF SCHOOL DISTEICT BY COMMISSIONEE. 
 
 Erection. ot '^®* In casc any portion of the Territories not exceeding five 
 
 orderrf"" miles in length or breadth exclusive of road allowances has not 
 coniinissioner -j^ggj^ erected into a school district the commissioner may order 
 
 the erection of such portion into a district j)rovided that it 
 
 contains : 
 
 (a) Twenty children between the ages of five and sixteen 
 inclusive; 
 
 (5) Ten persons actually residing therein who on the 
 erection of the district would be liable to assessment ; 
 
 (c) Six thousand acres of assessable land; 
 
 and notice of the erection of any such district shall be pub- 
 lished in the official gazette which notice shall be conclusive 
 evidence that the district has been duly erected and constituted 
 in accordance with the provisions of this Ordinance. 1901, c. 
 29, s. 39. 
 
 Election ot 
 trustees 
 
 40. In case of the erection of any district in accordance 
 with the provisions of the next preceding section the commis- 
 sioner may appoint some person to call a meeting of the resi- 
 dent ratepayers of the district to elect trustees which person 
 shall act as chairman of the meeting; and the election held 
 shall be conducted in the manner provided for the election of 
 trustees at a first school meeting ; and the trustees elected shall 
 within ten days after their election take the declaration of 
 office and meet to organise the board as hereinbefore provided. 
 1901, c. 29, s. 40. 
 
 SLPAllATE SCtlOOLS. 
 
 Separate 
 schools 
 
 41. The minority of the ratepayers in any district whether 
 protestant or roman catholic may establish a separate school 
 therein; and in such case the ratepayers establishing such 
 
SCHOOLS 1019 
 
 protestant or roman catliolic separate school shall be liable Assessments 
 only to assessments of such vntes as they impose upon them- 
 selves in respect thereof. 1901, c. 29, s. 41. 
 
 43. The petition for the erection of a separate school ^^^egt;}"" ''"' 
 district shall be signed by three resident ratepayers of the 
 religious faith indicated in the name of the proposed district; 
 and shall be in the form prescribed by the commissioner. 1901, 
 c. 29, s. 42. 
 
 43. The persons qualified to vote for or against the erection Quaimcatioti 
 
 '^ '^ . . ° .of voters 
 
 of a separate school district shall be the ratepayers in the 
 district of the same religious faith protestant or roman catholic 
 as the petitioners. 1901, c. 29, s. 43. 
 
 44. The notice calling a meeting of the ratepayers for the Notice o£^^_ 
 purpose of taking their votes on the petition for the erection ™®«*^'"e9 
 of a separate school district shall be in the form prescribed by 
 
 the commissioner and the proceedings subsequent to the posting subsequent 
 
 1 -IT- ij- • proceedings 
 
 of such notice shall be the same as prescribed m the lormation 
 of public school districts. 1901, c. 29, s. 44. 
 
 45. After the establishment of a separate school district j?^ehu and ^ 
 under the provisions of this Ordinance such separate school Hohooi'''' 
 district and the board thereof shall possess and exercise all "J'stncts 
 rights, powers, privileges and be subject to the same liabilities 
 
 and method of government as is herein provided in respect of 
 public school districts. 
 
 (2) Any person wlio is legally assessed or assessable for a Assessment 
 public school shall not be liable to assessment for any separate 
 school established therein. 1901, c. 29, s. 45. 
 
 SCnOOL SITE. 
 
 46. In every rural district the board shall acquire a site in in rural 
 
 •J ^ district 
 
 the centre of the district or as near thereto as the road allow- 
 ances and the securing of a dry, healthy and suitable location 
 will permit, but in the event of it not being found convenient 
 to have the school site located exactly in the centre of the 
 district the board before acquiring any other site shall petition 
 the commissioner to have it located elsewhere; and such peti- 
 tion shall be accompanied by a plan of the district showing : 
 
 (a) The proposed site; 
 
 (6) The quarter sections upon which the resident rate- 
 l^ayers live ; 
 
1020 
 
 SCHOOLS 
 
 (c) The quarter sections upon which the childi'en between 
 the ages of five and sixteen inclusive reside ; 
 
 (d) The position of the travelled roads, bridges and 
 physical features such as lakes, sloughs, rivers and 
 creeks. 
 
 (2) In the event of its being shown to the satisfaction of the 
 commissioner that the title of any site approved by him cannot 
 be obtained by the district by reason of the refusal or failure of 
 the owner to sell such site or to accept a fair price for it or by 
 reason of a mortgagee or other person interested in such site 
 refusing or failing to release his mortgage or interest the com- 
 missioner may execute a transfer of the said site in favour of 
 the district and upon application ex parte to a judge of the 
 supreme court and upon presentation of such transfer he shall 
 make an order vesting the title of the lands described in the] 
 transfer in the school district free from all charges and incum- 
 brances other than taxes. 
 
 (3) The amount and in case there are more parties than one 
 interested the manner of payment of the compensation to be 
 paid for the site acquired under the provisions of the next 
 preceding subsection shall be determined by two arbitrators, 
 one appointed by the district and the other by the owner or 
 l^ersons interested under tlie provisions of The Arbitration 
 Ordinance. 1901, c. 29, s. 46, and 1903, Sess. 2, c. 27, s. 4. 
 
 In town or 47. In every town or village district the board may select 
 
 village district . ... . . . . . 
 
 such site as in its judgment is desirable subject to ratification 
 by the ratepayers in the case of debentures being issued. 1901, 
 c. 29, s. 47. 
 
 ALTisEATIOX Ilf LIMITS OF SCHOOL DISTRICTS. 
 
 Aiterati9not 48. The commissioner may by order notice of which shall 
 be published in the official gazette alter the boundaries of any 
 district by adding thereto or taking therefrom or divide one or 
 more existing districts into two or more districts or unite 
 portions of any existing district with another district or with 
 any new district in case it has been satisfactorily shown that 
 the rights of ratepayers under section 14 of The North-West 
 Territories Act to be affected thereby will not be prejudiced 
 and that the proposed changes are for the general advantage of 
 those concerned. 1901, c. 29, s. 48. 
 
 Security of 49. In the case of any district having debenture indebted- 
 
 ness outstanding no alteration shall be made iu the boundaries 
 thereof which will prejudicially affect the rights or security of 
 the holder of such debentures without due provision being made 
 for the protection of such holder. 1901, c. 29, s. 49. 
 
 debentures 
 
SCHOOLS 1021 
 
 50. Upon the alteration of the boundaries of any district Adjustment of 
 due provision shall be made for the settlement and adjustment liabilities 
 of the assets and liabilities of the same between the districts 
 into which the same may be divided or between the same and 
 the portions thereof added to or taken therefrom ; and the com- 
 missioner may cause the necessary inquiries to be made in 
 order to ascertain and determine the due proportion of such 
 assets and liabilities and the best method of settling and 
 adjusting the same as aforesaid and may in his discretion 
 appoint one or more persons to make such inquiries and report 
 thereon and may prescribe and declare the terms of such settle- 
 ment and adjustment and the manner in Avhich the same shall 
 be carried into effect and in cases in which by the terms of such 
 settlement and adjustment any rates or taxes are required to 
 be levied or collected upon property in any division of such 
 district or taken from such district may prescribe by whom, at 
 what times and in what manner such rates and taxes shall bo 
 raised, levied and collected and to whom the same or any part 
 thereof shall be paid and by what district or districts, in what 
 proportions and to whom the expenses of such settlement and 
 adjustment shall be paid. 1901, c. 29, s. 50. 
 
 DISOIIGANXSATION 01? SCJIOOL DISTRICTS. 
 
 51.. The Lieutenant Governor in Council may by order Disorganisa- 
 
 . tion of 
 
 notice of which shall be published in the official gazette declare districts 
 
 that on or after a day therein to be named any district shall 
 
 be disorganised and thereupon the same and the board thereof 
 
 shall cease to have or enjoy any of the rights, powers and 
 
 privileges vested in such corporations by this Ordinance; and 
 
 upon any such disorganisation of a district the commissioner Adjustment 
 
 . , T • t 1 i.j.1 i.1. J. ot assets and 
 
 may appoint one or more persons to adjust and settle tne assets liabilities 
 and liabilities of such district; and such person or persons so 
 appointed shall have full power and authority to sell and dis- 
 pose of and convert into money all the assets and property of 
 such district and apply the same so far as the same will extend : 
 first in payment of the liabilities of the said district; and 
 second in payment of his or their remuneration as hereinafter 
 mentioned and divide the surplus if any pro rata among the 
 ratepayers of the said district entitled to share therein ; and in 
 case the amount so realised shall be insufficient to pay and 
 satisfy the liabilities of the said district and his or their 
 remuneration then such person or persons shall have full 
 power and authority to assess, levy, collect and enforce pay- 
 ment in the same manner as boards, assessors, collectors and 
 treasurers are authorised to do by The School Assessment 
 Ordinance of such sum or sums of money as may be required 
 
1022 
 
 SCHOOLS 
 
 to pay and fatisfy such indebtedness or any balance thereof 
 remaining unpaid and all expenses connected therewith includ- 
 ing his or their remuneration which shall be fixed by the com- 
 missioner. 1901, c. 29, s. 51. 
 
 UNION OF PUBLIC AND SEPARATJi SCHOOL UISTEICTS. 
 
 Union ot 
 public and 
 separate 
 school 
 districts 
 
 53. If in any area there exist a public school district and a 
 separate school district and it is resolved by the ratepayers of 
 each of such school districts at a public meeting of such rate- 
 payers respectively called for the purpose of considering the 
 question that it is expedient that such districts should be 
 disorganised for the purpose of the union of the same and the 
 erection of such area into a public school district the com- 
 missioner may by order notice of which shall be published in 
 the official gazette disorganise such existing districts and erect 
 such area into a public school district with such name as he 
 may decide upon; and thereafter the commissioner may make 
 such orders, provisions and appointments as to him shall appear 
 proper for the carrying into effect of such disorganisation and 
 the erection of the public school district and as to all matters 
 incident thereto and necessary for the establishment and 
 operation of the same as a public school district and for the^ 
 carrying out therein of all the provisions of this Ordinance 
 and for the adjustment, arrangement and winding up of "all the 
 affairs of such disorganised districts and for the settlement of 
 their liabilities and disposition of their assets: 
 
 Provided that unless the liabilities of such disorganised 
 districts are not otherwise liquidated the same shall be assumed 
 by and imposed upon such newly created dj-strict and any 
 debentures issued by the disorganised districts or either of them 
 shall have force and effect upon the newly established district 
 and the property and rates thereof as they had upon the district 
 by which they were respectively issued and its property and 
 rates ; and the trustees of such newly organised district may 
 authorise and direct the levy and collection of siich rate or| 
 rates as may from time to time be necessary for the discharging 
 of any liability or debenture indebtedness of a disorganised 
 district assumed l\v (U- imposed upon such new district. 1901, 
 c. 29, s. 52 
 
 ANNU.Vr. SCHOOL MEEl'XNU 
 
 In Rural and Village Districts. 
 
 Time and 
 place of 
 meeting 
 
 53. An annual meeting of the ratepayers of every rural and 
 villao-e district shall lie held in the school house or some other'^ 
 suitable j)lace within the district not la'er thaii the fifteenth 
 
SCHOOLS 1023 
 
 day of January in each year commencing at the hour of ten 
 o'clock in the forenoon standard time. 1901, c. 29, s. 53. 
 
 54. The meeting shall be called by the board ^\''hich shall at Public notice 
 least eight days before the day for which the meeting is called °'™®®'^'"^ 
 post public notices giving the day, p] ace and hour of meeting ; 
 
 and such notices shall be posted up in five conspicuous places 
 within the district one of which shall be the post office and if 
 there be no such post office a sixth notice shall be posted up in 
 the post office nearest thereto. 1901, c. 29, s. 54. 
 
 55. At the time hereinbefore provided for the commence- chairman and 
 ment of the meeting ,the chairman of the board shall take the 
 
 chair and call the meeting to order and the secretary of the 
 board or some one appointed by the chairman shall record the 
 minutes of the meeting and perform such other duties as may 
 be required of him by this Ordinance. 
 
 (2) In the absence of the chairman the ratepayers present 
 shall forthwith elect one of their number to preside. 1901, c. 
 29, s. 55. 
 
 56. The chairman may not vote on any question whether chairman's 
 the same is to be decided by a show of hands or a poll but in 
 
 case of a tie he must give a casting vote. 1901, c. 29, s. 56; 
 
 57. Any ratepayer whether resident or not who has paid 0."^^'^^^^'*°" 
 all 'taxes due by him to the district shall be entitled to take 
 
 part in the annual school meeting but only resident ratepayers 
 shall be entitled to vote for the election of a trustee. 1901, c. 
 29, s. 57. 
 
 58. The chairman shall if requested by any ratepayer or of Ratepayer 
 
 "> . • 1 ■ j: , to sign 
 
 his own accord require any person wishing to vote lor the declaration 
 election of a trustee to subscribe to the declaration in form B 
 (a) or B (6) in the schedule to this Ordinance ; and any person 
 subscribing to' such declaration shall be permitted to vote at 
 such election. 
 
 (2) Every such declaration shall be subscribed to in the witness 
 presence of the chairman and secretary who shall subscribe 
 their names as witnesses thereto. 
 
 (3) Any person subscribing to a declaration form B con- penalty tor 
 taining any false statement shall be guilty of an offence and declaration 
 liable on summary conviction to a ])enalty not exceeding $10. 
 
 (4) All declarations made under the provisions of the next 
 preceding section shall be retained by the chairman. 1901, c. 
 29, s. 58. 
 
1024 
 
 SCHOOLS 
 
 busfness ^^- '-I'hc biisiness of the annual meeting may be conducted 
 
 iij the following order : 
 
 1 * * -X- * * * * * * * * * * 
 
 2. Receiving and considering the statements prepared by 
 the teacher, trustees, treasurer, collector and auditor; 
 
 o. Receiving and considering the inspector's report; 
 
 4. Miscellaneous business; 
 
 5. Election of trustees. 1901, c. 29, s. 59, and 1903, Sess. 
 2, c. 27, s. 5. 
 
 sutetnents 60. The chairman upon taking his place shall immediately 
 
 and reports to ,, , n i ^ ti ■ ■ i 
 
 be read at call upon the Secretary to read the following statements and 
 meetiiiK reports which shall be considered and disposed of by the 
 
 meeting : 
 
 Teacher's 1- A statement of the teacher signed by him giving the 
 
 following particulars : 
 
 (a) The number of days on which school was kept open 
 during each term succeeding the last annual meeting ; 
 
 (b) The total number of children attending school during 
 that period specifying the nuinber of males and 
 females respectively; 
 
 (c) The number of children of school age residing in the 
 district who did not attend school during the year ; 
 
 (d) The average daily attendance for each term and for 
 the year ; 
 
 (e) The classification of pupils and the number of pupils 
 in each standard or class ; 
 
 (/) The subjects taught in the school and the number of 
 children studying each; 
 
 ((/) The number of scholars suspended or expelled for 
 misbehaviour or other causes; 
 
 (h) The date \ipon which the public examination of the 
 school was held and the number of visitors present. 
 Trustees 2. A Statement prepared by the trustees showing: 
 
 (a) The names of the trustees ; 
 
 (5) The officers of the district appointed by the trustees 
 and their salaries ; 
 
 (c) The vacancies created in the board during the year 
 giving the causes thereof with an account of the 
 elections held to fill such vacancies and the results 
 thereof ; 
 
SCHOOLS ' ' '- 1025 
 
 (d) The engagements entered into during the year by the 
 board as well as an account of those entailed upon 
 them by their predecessors ; 
 
 (e) The number of regular and special meetings of tlie 
 board held during the year together with a statement 
 showing the number of meetings attended by each 
 member ; 
 
 (f ) The number of visits made by each member of the 
 board to the school while it was in operation. 
 
 3. The treasurer's statepient for the fiscal year ending on Treasurer's 
 the thirty-first day of December preceding the annual meeting 
 
 in which shall be set forth : 
 
 (a) The amounts of money received by the district from 
 each source of revenue including government grants 
 whether paid directly to the teachers or not ; 
 
 (&) The amounts of money paid out by the district with 
 particulars of payment; 
 
 (c) The amounts of money due to the district from all 
 sources with particulars; 
 
 (d) The amounts of money due by the district and the 
 terms and times of payment. 
 
 4. A statement prepared by the collector of taxes and signed Tax collector 
 by him giving the following particulars : 
 
 (a) The number of acres of land assessed or in the case 
 of village districts the total assessed value of all 
 property as shown by the last revised assessment roll ; 
 
 (b) The rate of the school tax ; 
 
 (c) The total amount of taxes levied during the year; 
 
 (d) The current taxes collected diiring the year ; 
 
 (e) The arrears of taxes collected during the year; 
 
 (/) The total arrears of taxes which are due together 
 with a statement of the amount owing by each rate- 
 payer. 
 
 5. The auditor's report. ^"•^''°'■'^■ 
 
 6. The inspector's report received since the next preceding inspector's 
 annual meeting was held. 
 
 Y. Such further statements in relation to the affairs of the other^^^^^ 
 district as may be deemed advisable. 1901, c. 29, s. 60. 
 
 61. So soon as the other business of the district has been Nominauons 
 transacted or at two o'clock in the afternoon of the day of the 
 
1026 
 
 SCHOOLS 
 
 meeting if the other business be not then concluded the chair- 
 man shall call for nominations for the office of trustee. ■ 1901, 
 c. 29, s. 61. 
 
 Qualification 
 of candidates 
 
 63. Each person nominated for the office of trustee shall be 
 a resident ratepayer of the district who has paid all taxes due 
 by him to such district and is able to read and write. 
 29, s. 62. 
 
 1901, c. 
 
 Quailficatlon 
 of mover and 
 seconder 
 
 63. Each candidate shall be nominated by a mover and 
 seconder each of whom shall be a resident ratepayer of the 
 district and shall have paid all taxes due respectively by him 
 to such district. 1901, c. 29, s. 63. 
 
 Time of 64. ISTojuinnlions shall be received by the chairman for 
 
 nominations ^ ^ "^ - 
 
 thirty minutes after he has first called for the same. 1901, c. 
 29, s. 64. 
 
 Acclamation 
 
 65. In case there is only one nomination the chairman shall 
 declare the candidate nominated to be elected. 1901, c. 29, 
 s. 65. 
 
 Poll for 66. In case there are more nominations than one the chair- 
 
 trusie™° man shall at the close of the time for receiving nominations 
 
 declare a poll open for the election of a trustee. 1901, c. 29, 
 
 s. 66. 
 
 Chairman 
 presides 
 
 67. On the taking of the poll the chairman shall preside 
 and the secretal^• shall record the votes as they are given as in 
 form C in the schedule to this Ordinance. 1901, c. 29, s. 67. 
 
 Closing poll 68. The poll shall remain open for two hours at the end of 
 which time it shall be closed by the chairman who shall sum 
 up the votes and declare the result. 1901, c. 29, s. 68. 
 
 Copy of 
 minutes for 
 department 
 
 69. A copy of the miniites of every annual meeting signed 
 by the chairman and the secretary of such meeting shall bo 
 forthwith transmitted to the department. 1901, c. 29, s. 69. 
 
 In Town Districts. 
 
 Time and 
 place for 
 pi ee ting 
 
 TIO. An annual meeting of the ratepayers of every town 
 district shall be held at the ' same time and place as may be 
 appointed for the nomination of councillors or aldermen. 1901, 
 c. 29, s. 70, 
 
SCHOOLS 1027 
 
 <!• The trustees of every town district shall give notice to Notice to 
 
 ii J. i I- ,^ . . , . , „ , municipality 
 
 the secretary trofisurer of the municipality on or before the 
 fifteenth day of November in each year of the number of 
 vacancies required to be filled to make the board complete ; and 
 ihey shall on or before the first day of December in each year 
 furnish the secretary treasurer of the municipality with a list 
 of the resident ratepayers within any portion of the district List of 
 which is not included in the limits of the municipality which not in 
 list shall be delivered to the returning officer by the said secre- 
 tary treasurer. 
 
 (2) In the list of qualified voters to be delivered to the Supporters ot 
 
 • rr>ii !• 1 • • T separate 
 
 returnms? officer by the secretary treasurer of the municipality Bohoois to be 
 
 , J. ■' distinguislied 
 
 before the opening of the poll the secretary treasurer shall 
 
 place opposite the names of any persons on the said list who 
 
 have been returned to him as supporters of separate schools the No ballot to 
 
 letters "S.S.S.," and the returning officer shall not deliver to 
 
 any such person a ballot paper for public school trustees. 
 
 (d) Upon a rural or villaqe district hecominq a town district Rural or 
 
 \ •> c J ^ . village district 
 
 fhe first election for trustees shall he held at the time prescnoea becomine a 
 
 77/- c 1 1 111 tO"'" district 
 
 in this Ordinance for the annual election of trustees and at such 
 election there shall be elected two trustees for a term of two 
 years and one trustee for a term of one year and the two 
 trustees of the district whose terms have not expired shaU 
 continue to hold office for the terms for which they were 
 respectively elected. 1901, c. 29, s. 71, and 1903, Sess. 2, c. 
 27, s. 5. 
 
 73. In every case in which notice is given as aforesaid the M.^;?^«^Pf^i 
 nomination and election of trustees shall be held at the same to be used 
 time and place arid by the same returning officer or officers and 
 conducted in the same manner as" municipal nominations and 
 elections of councillors except as to qualification to vote which 
 shall be as provided for in this Ordinance; and the provisions 
 of The Municipal Ordinance respecting the time for receiving 
 nominations and for opening and closing the poll, the mode of 
 voting, corrupt or improper practices, vacancies and declara- 
 tions of office shall mutg.tis viutandis apply to the election of 
 school trustees. 1901, c. 29, s. 72. 
 
 73. A separate set of ballot papers shall be prepared by theBaiiotjor 
 returning officer containing the names of the candidates nomi- election 
 nated for school trustees of the same form as those used for 
 councillors except in the substitution of the words "school 
 trustee" for "councillor" or "alderman" on said ballot paper. 
 1901, c. 29, s. 73, 
 
1028 
 
 SCHOOLS 
 
 Objection 
 to vote 
 
 Oath 
 
 '<'4. In case any objection is made to the right of any person 
 to vote at an election of trustees in any town district the 
 returning officer may require the person whose right of voting 
 is pbjected to to' make the following oath or aitirmation : 
 
 I, A.B., do solemnly swear or affirm that I am a hona fide 
 resident ratepayer of (give name of district in full) and have 
 paid all taxes due by me to the said school district ; that I am 
 of the full age of twenty-one years ; that I have not before voted 
 at this election ; and that I have not received any reward either 
 directly or indirectly nor have I any hope of receiving any 
 reward for voting at this time and place. So help! me God. 
 
 ISToTE. — In the case of an affirmation the luords "So help me 
 God" shall he omitted. 
 
 And every person making such declaration shall be permitte 1 
 to vote for the election of trustees. 1901, c. 29, s. 74. 
 
 Reports and 
 statements for 
 annual 
 meeting 
 
 May not be 
 read 
 
 May be 
 published 
 
 75. At the annual meeting held in any town district the 
 reading of any or all of the reports mentioned m sect'on 60 of 
 this Ordinance may be omitted upon a resolution being passed 
 to that effect by the ratepayers present but any rat; payer of the 
 district shall have access to such reports and statoineuts either 
 during or after the meeting is held; and the board if it deem 
 it advisable or upon being authorised to do so by resolution of 
 the ratepayers at the annual meeting iray have any or all of 
 such reports or statements or any parts of them except the 
 inspector's reports printed in a newspaper published in the 
 district. 1901, c. 20, s. Y5. 
 
 Return for 
 department 
 
 76. Within ten days after the annual election of trustees 
 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. 76. 
 
 Contested Elections in Toiun and Village Districts. 
 
 Contested 
 elections 
 
 77. In case the validity of the election of any school trustee 
 in any town or village district is contested the same may be 
 tried by a judge of the supreme court in chambers ; 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 observed in such 
 contested elections of school trustees, 1901, c. 29, s. 77. 
 
SCHOOLS 1029 
 
 DElfEKKED SCIIOOF. MKETINQS. 
 
 "^8. In case from want of proper notice or other cause any Provisions 
 first, annual or other school meetins; required to be held under prescribed 
 
 T • r\ T • IT Di. _ •111 11 meetings are 
 
 this Ordinance is not held at the proper time it shall be the not held 
 
 duty of the secretary of the board when required to do so by 
 
 any two resident ratepayers or by the commissioner 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 possess all the powers and perform all the Notice and 
 
 ^ ir L powers or 
 
 duties of the meeting in the place of which it was called. 1901, later meetinR 
 .0.29,3.78. 
 
 SPECIAL MEETINGS OE EATEPAYEKS. 
 
 79. A special meeting of the ratepayers of any district may Special 
 be 'held at any time for any necessary purpose not otherwise 
 provided for by this Ordinance. 1901, c. 29, s. 79. 
 
 80. It shall be the duty of the secretary of the board to call Notice of and 
 
 •' . -^ liow called 
 
 any special meeting when required to do so : 
 (a) By the board; 
 (&) By the commissioner; 
 
 (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 pro- 
 vided for notices of annual meetings in rural and village 
 districts. 1901, c. 29, s. 80. 
 
 81. At the meeting so held the ratepayers present shall T^n^action 
 elect a chairman and secretary and no business shall be con- "oWoe 
 sidered by the meeting other than that mentioned in the notices 
 calling the same. 1901, c. 29, s. 81. 
 
 AUDIT. 
 
 83. The books and accounts of every rural and viUageAnditinrurai 
 district shall be audited in each year prior to the annual meet- districts 
 ing by an official auditor in the manner prescribed by the 
 regulations of the department. 
 
1030 SCHOOLS 
 
 (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. 82. 
 
 totriote ^°^" 83. In every town district it shall be the, duty of the auditor 
 of the municipality to audit the books and accoTints of 
 such district in each year for Avhich he shall receive no special 
 •remuneration out of the funds of the district. 1901, c. 29, 
 s. 83. 
 
 BOAUD OF TRUSTEES. 
 
 Numher of Memhers. 
 Rural and §4. j^ rural and village districts there shall be three 
 
 village dis- o i n i i i ze 
 
 tricts trustees each of whom after the first election shall hold omce 
 
 Town districts f OP three years and in town districts there shall be five trustees 
 
 each of whom after the first election shall hold office for two 
 
 years. 
 
 (2) Every trustee shall hold office until his successor is 
 appointed. 1901, c. 29, s. 84. 
 
 pTruslees a Body Corporate. 
 
 Corporate 85. The trustees of every district shall be a corporation 
 
 name "^ ■*■ 
 
 under the name of "The Board of Trustees for the 
 
 School District Wo. of the ISTorth-AYest Territories." 
 
 1901, c. 29, s. 85. 
 
 Organisation of Board. 
 
 Declaration of 86. Within ten days after his election at any meeting other 
 than the first school meeting every trustee shall make the 
 declaration of office provided for in section 37 of this Ordin- 
 ance. 1901, c. 29, s. 86. 
 
 Time^nt first 87. The board shall meet within ten days after such annual 
 meeting or ^'n the case of town districts within the first ten days 
 of January in each year for the purpose of organising and 
 transacting such other business as may be required. 1901, c. 
 29, s. 87. 
 
 ■^ppoin^ment 88. At the meeting thus held the board shall appoint a 
 chairman and shall also appoint a secretary and a treasurer or 
 secretary treasurer who shall respectively hold office durino' 
 
 Salaries the pleasure of the board and shall be allowed such remunera- 
 
 tion as the board may fix. 
 
SCHOOLS , 1031 
 
 (2) Any member of the board otlier 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. 
 
 Board Meetings. 
 
 89. A meeting of the board may be called by the chairman How called 
 or any trustee. 1901, c. 29, s. 89. 
 
 ( 
 
 ice 
 
 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 
 st which all the members of the board are present decide by 
 resolution to hold regular meetings of the board and such reso- 
 lution shall state the day, hour and place of every such meeting Regular 
 and no further or other notice of any such meeting shall be 
 necessary. 
 
 (2) The board may by unanimous consent waive notice of ^{\"g®''°* 
 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 S.D. hereby 
 
 waive notice of this meeting. 
 
 ■'to- 
 
 ^ r Trustees. 
 
 1901, "c. 29, s. 90. 
 
 91. 1^0 Act or proceeding of any kind shall be deemed valid ^"■■p°'^^^'> '""^^ 
 or binding on any party which is not adopted at a regular or 
 special meeting at which a quorum of the board is present. 
 
 (2) A majority of the board shall form a quortun. 1901, Quo™"' 
 c. 29, s. 91. 
 
 93. If the number of trustees be reduced to one that one One trustee 
 
 J-.,, , . not to act 
 
 shall immediately take the necessary steps to nil the vacancies 
 in the board but he shall not transact any other business of the 
 district. 1901, c. 29, s. 92. 
 
 93. All questions shall be stibmitted to the board on the Motions 
 motion of the chairman or any other trustee and no seconder 
 shall be required. 1901, c. 29, s. 93. 
 
1032 
 
 SCHOOLS 
 
 Votea of 
 trustees 
 
 Chairman 
 pro fcem 
 
 94. At all meetings of the board all questions shall be 
 decided by the majprity 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 is the negative. 
 
 (2) In ca-io 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. 
 
 Duties of Trustees and Their Officers. 
 
 Duties of 
 trustees 
 
 Anpoint 
 officers 
 
 Procure seal 
 Reports 
 
 Records and 
 accounts 
 
 Books 
 
 Property 
 
 School accom 
 niodation 
 
 School 
 erron nds, 
 buildings and 
 equipment 
 
 Drinking 
 water 
 
 .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 
 secretary treasurer and such other officers and servants as may 
 be required by this Ordinance ; 
 
 2. To procure a corporate seal for the district ; 
 
 3. To see liitit all the reports and statements required by this 
 Ordinance or by the commissioner are transmitted to the 
 department without delay; 
 
 4. To keep a record of the proceedings of each meeting of 
 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 efficiency 
 and economy ; 
 
 5. To provide the officers of the board with the books neces- 
 sary for keeping proper records of the district ; 
 
 6. To take possession and to have the custody and safe- 
 keeping of all the property of the district ; 
 
 7. To provide adequate school accommodation for the pur- 
 poses of the district ; 
 
 8. To purchase or renfschool sites or premises, and to build, 
 repair, furnish and keep in order the school house or houses, 
 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 ; 
 
 9. To provide wholesome drinking water" for the use of the 
 children during school hours ; 
 
SCHOOLS 1033 
 
 10. To provide separate buildings for privies for boys and Pnviee 
 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 stable 
 stabling accommodation ; 
 
 12. To insure and keep insured the school buildings andinsurance 
 equipment ; 
 
 13. To provide when deemed expedient a suitable library Library 
 for the school and to make regulations for its management; 
 
 14. To select and provide from the list authorised by the Reference 
 commissioner all such reference books for the use of pupils a.nd apparatus 
 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 Authorised 
 school under its control other than 'those authorised by tho 
 department ; 
 
 16. To exempt in its discretion from the payment of school indigent 
 
 1 -n • ■ T ■ 1 i -ii • persons 
 
 taxes wholly or in,part any indigent persons resident witnm 
 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 Engage 
 regulations of the department to teach in the school or schools 
 
 in its charge on such terms as it may deem expedient; the con- 
 tract wherefor shall be in writing and' may be in form pre- 
 scribed by the commissioner and a certified copy of such 
 contract shall forthwith be transmitted to the department ; 
 
 18. To suspend or dismiss anv teacher for gross misconduct, susperd or 
 
 J- '' , 1X1 dismiss 
 
 neglect of duty or for refusal or neglect to obey any la wtuL teacher 
 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 pro- conduct of 
 visions of this Ordinance and the regulations of the depart-'" "" 
 ment; 
 
 20. To provide for the payment of teachers' salaries at least Teachers' 
 once in every three months ; 
 
 21. To make regulations for the management of the school Management 
 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 Admu std. l 
 expedient at what times pupils may be admitted to Standard I ; p"*" ' 
 
1034 
 
 SCHOOLS 
 
 Disputes 
 
 Suspend or 
 expel pupils 
 
 Truancy 
 
 General 
 
 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. 
 
 Duties of 
 
 chairman 
 
 96. It shall be the duty of the chairman of the board : 
 
 1. To have the general supervision of the affairs of the 
 district ; 
 
 2. To certify all accounts against the district passed by the 
 board before such accounts are paid by the treasurer. 1901, 
 c. 29, s. 96. 
 
 Duties of 
 secretary 
 
 Minutes 
 
 Correspon- 
 dence 
 
 Book and 
 papers of 
 district 
 
 Reports to 
 departments 
 
 Call meeting 
 of board 
 
 Produce booki 
 and papers 
 
 97. It shall be the duty of the secretary or secretary . 
 treasurer of the board : 
 
 1. To keep a full and correct record of the proceedings of 
 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 
 directed by the board ; 
 
 3. To have charge of and keep on record all the books, 
 papers, accounts, assessment rolls, plans and maps committed 
 to 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- 
 ment such reports and statements and such other information 
 in regard to the district as may from time to time be .'required 
 by the commissioner and in such form as may be provided by 
 the commissioner; 
 
 5. To call at the request in writing of the chairman or any 
 trustee a meeting of the board ; 
 
 6. To produce the minute and other books, assessment rolls 
 and all papers and other records of the board for inspection 
 when required by an inspector to do so ; 
 
SCHOOLS 1035 
 
 7. To prepare the statement of the trustees to be submitted Prepare 
 at the annual meeting of the ratepayers ; statement 
 
 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. 
 
 98. It shall be the duty of the treasurer or secretary Duties of 
 
 1 r ,-1 T ^ treasurer 
 
 treasurer o± the board : 
 
 1. To 'give security to the board before entering upon his Treasurer's 
 duties by a bond signed and acknowledged in duplicate before 
 
 a commissioner, notary public or justice of thu 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 
 authorised 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 ftmd or from any particular 
 contribution or donation paid into his hands for the support or Renewal 
 benefit of the district and such security shall be renewed at 
 the beginning of (;ach 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 treastirer shall be jointly and severally liable for his Liability of 
 
 trustcos 
 
 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 liability in case 
 of the default of such officer ; 
 
 Such bond may be in form prescribed by the commissioner Form of bond 
 and a duplicate copy thereof shall be forthwith transmitted by 
 the board to the department ; 
 
 2. To receive all school moneys collected from the ratepayers Receive school 
 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 pay accounts 
 are certified by the chairman of the board ; 
 
 4. To keep in a cash book provided for the purpose a com- Keep cash 
 plete 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 Receipts, 
 and paid out and to keep on file all vouchers of expenditure; 
 
1036 
 
 SCHOOLS 
 
 Close books 
 
 Produce books 
 and vouchers 
 
 Prepare 
 
 statement 
 
 Reports to 
 department 
 
 6. 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 by the trustees, auditor, 
 school inspector or other competent authoiity, all boolv3, 
 vouchers, papers and moneys ^ belonging to the district and to 
 hand over the same to the trustees or any person named by 
 them upon his ceasing to hold office ; \ 
 
 8. To prepare at the end of each year and in the manner 
 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 depart- 
 ment such reports and statements with reference to the finances 
 of the district as may from time to time be required by the 
 commissioner and in such form as may be provided by the 
 commissioner. 1901, c. 29, s. 98. 
 
 Half Yearly and Yearly Returns. 
 
 Returns to 
 department 
 
 Penalty for 
 neglect to 
 forward 
 returns 
 
 Liability of 
 trustees 
 
 99. The board of every district shall cause to be prepared 
 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 com- 
 missioner. 
 
 (2) In case the board of any district neglects or refuses to 
 have prepared and transmitted to the department such half 
 yearly and yearly returns within thirty days from the close of 
 the half year or year as the case may be such district shall for- 
 feit 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 to 
 the district which amount may be recovered by action in the 
 supreme court of the Territories by any person authorised by 
 the commissioner to bring such action. 1901, c. 29, s. 99. 
 
 Notice of 
 resignation 
 
 Resignation of Trustees. 
 
 100. Any trustee wishing to resign may do so by sending 
 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 t^.3 
 election of a new trustee. 
 
SCHOOLS 1037 
 
 (2) A trustee wlio 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 misde- Seat vacated 
 meanour or becomes insane or absents himself from the meet- for crime, etc. 
 ings of the board for three consecutive months without being 
 authorised by resolution entered upon its minutes or cease's to 
 be an actual resident within the district for which he is a 
 trustee shall ipso facto vacate his seat and the remaining 
 trustee or trustees shall declare his seat vajcant and forthwith 
 order a new election to fill any vacancy thus created. 1901, c. 
 ■ 29, s. 101. 
 
 103. No trustee shall take or possess any pecuniary interest Seat vacated 
 
 p . 1 1 r" ■ (' ^y interest in 
 
 profit or promise or expected benefit m or from any contract contract with 
 
 ■; V -ji • 1 • ■ xi corporation 
 
 agreement or engagement either mhis 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 cor- 
 poration 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 the remaining trusteep 
 shall declare the seat vacant and it shall thereby become vacant 
 and an election to fill the vacancy so created shall be held forth- 
 with. 1901, c. 29, s. 102. 
 
 Election to Fill Vacancies. 
 
 103. When any vacancy is created in the board of any Time oc 
 village or rural district it shall be the duty of the 1-emaining ®'^°'^'°" 
 trustee or trustees in office to forthwith call a special meeting 
 
 of the ratepayers of the district to elect the required number of 
 trustees to complete the board : 
 
 Provided that if any vacancy is not filled within one month 
 the commissioner may appoint some qualified person to fill the 
 same. 1901, c. «9, s. 103. 
 
 104. In rural and village districts the, election of a trustee conduct of 
 
 -, -,■, T T 1 T 1 , • 1 x'^ election— rural 
 
 to fill any vacancy shall only be held at a special meeting and village 
 called for the purpose and in the same manner as at the annual "^'^ 
 meeting except that nominations shall be received by the chair- 
 man for thirty minutes from ten o'clock in the forenoon and 
 the poll shall remain open for two hours after nominations 
 close. * 
 
1038 SCHOOLS 
 
 Town fliatricts (^g) In town districts the election of a trustee to fill any 
 vacancy shall .be held in the same manner as is provided hj 
 this Ordinance for the annual election of trustees in town 
 districts. 1901, c. 29, s. 104. 
 
 of*™w°tnf^tee 1^^- A. trustee elected to fill a vacancy shall hold office 
 only 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 87 of this 
 Ordinance. 1901, c. 29, s. 105. 
 
 EOEEOWIITG POWERS OF DISTEICT. 
 
 By Note: 
 
 expen^er"*^ 106. The board of any district may by resolution authorise 
 its chairman and treasurer to borrow from any person, banlc 
 or corporation such sum of money as may be required to meet 
 the expenditures of the district until such time as the taxes 
 levied 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 chair- 
 man and treasurer given on behalf of the board. 1901, c. 29, 
 s. 106. 
 
 By Debenture. 
 For school site, 107. Should it appear desirable to the hoard of ami district 
 
 buildings, etc. ^^ . 
 
 that a sum of money should be bo?'rowed 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 hov^e, 
 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 bylaw to that effect which may 
 he in form prescribed by the commissioner or to the like effect 
 and which shall be under the corporate seal of the district. 
 
 (2) A copy of every such bylaw shall be inscribed in the 
 minute booh containing a record of the board's proceedings. 
 1903, Sess. 2, c. 27, s. 7. « 
 
 Notice of 108. Within fiv^ days from the passing of the bylaw the 
 
 borrow hoard shall' give notice of its intention to apply to the commis- 
 
 sioner for authority to borrow the amount specified in the 
 bylaw and on the conditions therein set forth. 
 
 (2) Every such notice shall he in form prescribed by the 
 commissioner and shall be given by notices posted up in at 
 least five widely separated and conspicuous places in the 
 
SCHOOLS 1039 
 
 district one of which shall he a post office situated therein and 
 should there be no post office in the district a sixth notice shall 
 fee posted in the post office nearest thereto. 1903^ Sess. 2, c. 
 27, s. 7. 
 
 109. Unless the amount to fee borrowed under the bylaw Dema.w\ tor 
 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 bylaw and such poll 
 shall be held as hereinafter provided in sections 113 to 121. 
 
 (2) Every demand for a poll shall he delivered to the 
 secretary 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, Sess. 2, c. 27, s. 7. 
 
 110. In the event of a poll not being required or not ^^^1^9^^^^^^^^^°"- 
 demanded as hereinbefore provided the secretary of the feofif'"<^^?^™nop"fi'' 
 shall transmit to the commissioner : ^^^^ 
 
 1. A certified copy of the bylaw; 
 
 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 assess- 
 
 able lar.d 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 
 substantially complied with the commissioner may in writing 
 authorise the board of trustees to borrow the sum or sums of 
 money mentioned in the bylaw or a less sum and shall publish 
 notice of authorisation in the official gazette. 1903, Sess. 2, 
 c. 27, s. 7. 
 
 111. In the event of a poll being demanded as provided ^oiice^ot 
 by section 109 hereof the board shall by resolution fix the 
 
 form prescribed by the commissioner or to the like effect of 
 time and place for holding the same and shall give notice in 
 such time and place of polling by notices posted up in at least 
 five widely separated and conspicuous places throughout the 
 
1040 
 
 SCHOOLS 
 
 Copy ot bylaw 
 and notice for 
 department 
 
 Returning 
 officer and 
 poll clerk 
 
 Opening poll 
 
 district at least fouiicen clear days before the polling one of 
 which notices shall he posted in the post office situated within 
 the district and should there he no such post office a sixth 
 notice shatt he posted in tlie post office nearest thereto. lOO.'J, 
 Sess. 2, c. 27, s. 7. 
 
 113. A certified copy of the bylaw and of tjie notice of 
 polling shall be forwarded forthwith to the commissioner by 
 the secretary of the board. 1901, c. 29, s. 112. 
 
 113. The chairman of the board or some person appointed 
 by it shall be returning officer for the poll to be taken and the 
 secretary of the board or some person appointed by the 
 returning ofiicer shall be poll clerk. 1901, c. 29, s. 113. 
 
 114. At the time and place appointed in the notice the 
 returning oificer shall declare the poll open and the poll clerk 
 shall record the votes as they are given in a poll book vs^hich 
 may be in form F in the schedule to this Ordinance. 1901, c. 
 29, s. 114. 
 
 Post notice 
 
 Voters 
 
 115. A copy of the notice of polling shall be kept in a 
 conspicuous place where the vote is taken. 1901, c. 29, s. 115. 
 
 116. Every ratepayer except the returning officer ■"■ ■" "' 
 who has paid all taxes due by him to the district shall be 
 entitled to vote on the l)Ylaw. 1901, c. 29, s. 116, and 1903, 
 Sess. 2, c. 27. s. 8. 
 
 Scrntineers 117. The returning officer shall admit any two ratepayers 
 
 who have respectively voted yea and nay into the polling place 
 to act as scrutineers and on demand allow either or both of 
 tbom to see any vote re curded in the poll book. 1901, c. 29, s. 
 117. 
 
 Voter's 
 declaration 
 
 118. The returning officer shall if requc^sted by any rate- 
 payer or of his own accord require any person tendering a vote 
 to subscribe to the declaration in form B (c) in the schedule to 
 this Ordinance and any person subscribing to such declaration 
 shall be permitted to vote. 
 
 (2) Every such declaration shall be subscribed to in the 
 presence of the returning officer and poll clerk who shall 
 subscribe their names as witnesses thereto. 
 
 (3) All declarations made under the provisions of the next 
 preceding section shall be retained by the returning officer. 
 1901, c. 29, s. 118. 
 
SCHOOLS 1041 
 
 119. If i\. person who desires to vote refuses or fails to sign liccoi-d 
 the declaration when required to do so the poll clerk shall deciaratfoif 
 -write in the column headed "remarks" in the poll book the 
 
 words "refused declaration" and the person so refusing shall 
 at once leave the polling place and shall not be allowed to enter 
 it again to vote. 1901J c. 29, s. 119. 
 
 120. Any person subscribing to a declaration form B (c) Penaity-faise 
 
 cj \ / fl pplfi vn ("ion 
 
 containing any false statement shall be guilty of an offence 
 and liable on summary conviction to a penalty not exceeding 
 $10. 1901, c. 29, s. 120. 
 
 121. At the time appointed in the notice of voting the closing pou 
 returning officer shall close the poll, sum up the votes and 
 declare the result. 
 
 (2) In the case of a tie the returning officer shall give a 
 casting vote. 1901, c. 29, s. 121. 
 
 122. Should any ratepayer of the district make a complaint complaints re 
 in writing to the returning officer within three days next after pou 
 
 the taking of the poll with regard to the manner in which the 
 poll was conducted, the right of any person to vote or the result 
 of the voting the returning officer shall forthwith notify such 
 ratepayer in writing of the time and place within seven days 
 of the day of voting when he shall appear before a justice of 
 the peace for a final recount of votes and when ail complaints 
 which may have been made shall be heard. 1901, c. 29, s. 122. 
 
 123. In case no such complaint is duly lodged with the Returning 
 returning officer he shall at the expiration of three days after ?eturaa to 
 the taking of the poll forthwith forward to the, commissioner """""^^''"'®'" 
 a certified copy of the poll book showing the total number of 
 
 votes cast for and against the bylaw and he shall make an 
 affidavit which shall be inscribed thereon that the poll was 
 conducted throughout in the manner provided by this Ordin- 
 ance or with such exception as he shall mention that the returns 
 contained therein are correct and that no complaints as pro- 
 vided for by the next preceding section were received by him. 
 1901, c. 29, s. 123. 
 
 124. In the event of any complaint being made as aforesaid Proceedings 
 the returning officer shall appear before a justice of the peace ot p°eace"^'"''' 
 at the time and place appointed and he shall deliver to the 
 
 justice of the peace the poll book used by him at the poll and 
 shall make an affidavit before the justice of the peace which 
 shall be written in or upon such book that the election has been 
 conducted throughout in the manner provided by this Ordin- 
 ance or with such exceptions as he shall mention and that the 
 returns contained therein are correct. 
 
1042 
 
 SCHOOLS 
 
 (2) The justice of the peace shall then receive and record in 
 writing any complaint that may be made under oath by any 
 person relative to the conduct of the voting and shall examine 
 into and decide such complaints by taking evidence under 
 oath. 1901, c. 29, s. 124. 
 
 Security for 
 costs 
 
 135. Before proceeding to the hearing of any complaint the 
 justice of the peace shall require the complainant to deposit 
 with him such sum not being less than $25 nor more than 
 $100 as may seem necessary to him to cover the costs of the 
 hearing of the complaint which costs shall be paid according 
 to the decision of such justice of the peace. 1901, c. 29, 
 s. 125. 
 
 Proceedings 
 
 essentially 
 irregular 
 
 Corrupt 
 practices 
 
 136. If it be found that the proceedings in taking the vote 
 have been irregular in any essential particulars and that injus- 
 tice has thereby been done the poll shall be^ declared null and 
 void and of no effect and the 'justice shall forthwith forward 
 to the department a full report to that effect. 
 
 (2) If it be found that any vote has been cast by any person 
 not duly qualified to vote or on account of bribery or intimi- 
 dation it shall be struck off the poll book. 1901, c. 29, s. 126. 
 
 Return by 
 justice of 
 peace to 
 department 
 
 137. When all complaints have been heard and decided 
 upon and the corresponding alterations duly inade in the poll 
 book the justice of the peace shall finally sum up the votes cast 
 and shall forward to the department a return in form G in the 
 schedule hereto or to the like effect showing the total number 
 of votes taken and the number remaining on each side after the 
 recount. 1901, c. 29, s. 127. 
 
 Approval of 
 commissioner 
 
 138. Upon receipt of the return mentioned in section 12;^) 
 or section 127 hereof and upon being satisfied that the several 
 conditions required by this Ordinance have been complied with 
 the commissioner may in writing authorise the board of 
 trustees to borrow the sum or sums of money mentioned in the 
 bylaw and shall publish notice of authorisation ir the of&cial 
 gazette. The board may thereupon issue , a debenture or 
 debentures to secure the amount of the principal and interest 
 of the loan so authorised or of any less sum upon the terms 
 specified in the bylaw and the debenture or debentures and the 
 coupons thereto shall when sig-ned by the chairman and trea- 
 surer of the district be sufliicient to bind the district and create 
 a charge or lien against all school property or rates in the 
 district. 
 
SCHOOLS 
 
 1043 
 
 (2) The total face value of the debentures issued by any Limit of 
 
 _ ^ ' . . , 1 debentures 
 
 village or town district shall not be for a greater sum than 
 one-tenth of the total assessed value of the real property within 
 such district as shown by the last revised assessment roll of 
 the district nor by any rural district for a greater sum than 
 twenty-five cents per acre for each acre assessed as shown by 
 the last revised assessment roll of the district or in case there 
 has teen no revised assessment roll for each acre assessable as 
 shown hy the statutory declaration required by paragraph 3 of 
 section 110. 
 
 (3) Debentures shall not run for a lonsrer term than twenty Teraiof 
 
 ■fi 111 -IT i-i-ii^-i debenture 
 
 years ii the school buildings are ol brick, brick veneer, concrete 
 or stone nor for a longer period than ten years if the buildings 
 are frame or log : 
 
 Provided that in the event of the first instalment of Provisos 
 principal and interes^ of any debenture being made payable 
 at any iime after one year from the date of the debenture as 
 provided by section 10 of cha-pter 27 of the Ordinances of 
 1903 (second session) such debenture may run for such longer 
 term than ten, tiuenty or thirty years as the case may be as 
 may be necessary to allow of repayment in ten, tiventy or thirty 
 years as the case may be from the date of the payment of the 
 first instalment of principal and interest : 
 
 Provided further that in the case of town districts the 
 debentures thereof may be made to run for a term not exceed- 
 ing thirty years if the school buildings are of solid briclc, 
 concrete or stone. 
 
 (4) Debentures shall not carry interest at a greater ratei"terest 
 than eight per centum per annum. 
 
 (5) Debentures may be dated at any time within ^we^^'e ^/'llbentu?™ 
 months from the date on which notice of the authorisation of 
 
 the loan appears in the official gazette and the-first instalment 
 of principal and interest may be made payable at any time 
 within eighteen months of the date of the debenture and the 
 debenture shall be in the following form or to the like effect: 
 
 ^ Debenture No. 
 
 School District Nv. of the North-West 
 
 Territories. 
 
 The Board of Trustees (or official trustee as the case may 
 ]jg\ -J! School District 
 
 No of the North-West Territories promise to pay 
 
 the bearer at the at _ t^e sum 
 
 of dollars of lawful money of Canada m 
 
 equal consecutive annual instalments with interest at the rate 
 
1044 scixooLs 
 
 of per cent, per annum on the terms and in the 
 
 amounts speci-jied in the coupons attached hereto. 
 
 Dated this day of 19 . 
 
 A.B., 
 Chairman. 
 CD., 
 
 Treasurer (or Official Trustee.) 
 
 COUPONS. 
 
 Coupon No. 
 Debenture No. 
 
 The Board of Trustees of School 
 
 District No. of the North-West Territories "(or 
 
 official trustee as the case may be) will pay to the hearer at 
 the at oh the 
 
 day of 19 the sum of 
 
 dollars being the instalment of principal with 
 
 the total interest at the rate of per cent, per 
 
 annum due on that day on School Debenture No. 
 
 A.B., 
 Chairman. 
 CD., 
 Treasurer (or Official Trustee.') 
 
 1901, c. 29, s. 12S; 1903, Sess. 2, c. 27, ss. 9 and 10, and 
 1904, c. 9, s. 1. 
 
 129. Every debenture before being issued shall be sent for 
 registration to the commissioner who shall cause a proper 
 record to be kept of the same. 1901, c. 29, s. 129. 
 
 Commissioner 130. The Commissioner shall thereupon if satisfied that the 
 countersign requirements of this Ordinance have been substantially 
 complied with and if the authority to make the loan has not 
 been withdrawn register and countersign the debenture and 
 such countersigning by the commissioner shall be conclusive 
 evidence that the district has been legally constituted and that 
 all the formalities in respect to such loan and the issue of 
 such debenture have been complied with and the legality of 
 the issue of such debenture shall be thereby conclusively estab- 
 lished and its validity shall not be questionable by any court 
 in the Territories but the same shall to the extent of the 
 revenues of the district issuing the same be a good and inde- 
 feasible security in the hands of any bona fide holder thereof. 
 1901, c. 29, s. 130. 
 
 Registration 
 
SCHOOLS 1045 
 
 CONDUCT OF SCHOOLS. 
 
 Fees. 
 
 181. No fees shall be charged by the board of any district Free school 
 on account of the attendance at its school of any child whose 
 parent or lawful guardian is a taxpayer of the district : 
 
 Provided that if the board of any district maintains one or fees for 
 more departments in its school exclusively for pupils above standard v 
 standard V as it may be defined from time to time by the 
 regulations of the department it may charge the parent or 
 lawful guardian of any pupil in attendance at any such depart- 
 ment a fee not exceeding nine dollars for the first term and six 
 dollars for the second term in any year if such parent or lawful 
 guardian is a resident taxpayer of the district and in case siich 
 parent or lawful guardian is not a resident taxpayer of the 
 district a fee not exceeding thirteen dollars for the first term 
 and eight dollars for the second term and all such fees shall be 
 payable at such times and in such amounts as may be deter- 
 mined by the board. 1901. c. 29, s. 131 and 1903, Sess. 2, c. 
 27, s. 11. 
 
 School Terms. 
 
 133. The school year shall begin on the first day of January Two terms 
 and end on the thirty-first day of December and shall be 
 divided into two terms ending the thirtieth day of June and 
 the thirty-first day of December respectively. 1901, c. 29, s. 
 
 132. 
 
 Hours. 
 
 133. School shall be held between nine o'clock and twelve school hours 
 o'clock in the forenoon and half -past one o'clock and four""" 
 o'clock in the afternoon of every day standard time not includ- 
 ing Saturdays, Sundays or holidays but the board may alter or 
 shorten the school hours upon receiving the permission of the 
 commissioner. 
 
 (2) A recess of fifteen minutes in the forenoon and in the 
 afternoon shall be allowed the children attending school. 1901, 
 
 c. 29, s. 133. 
 
 Vacation and Holidays. 
 
 134. In any school open during the whole year there shall s.'?™™/'"*"'! 
 be seven weeks' holidays of which not less than two nor more ^^^cations 
 than six shall be given in summer and not less than one nor 
 
 more than five in winter to be apportioned at the discretion of 
 the board. The summer holidays shall fall between the second 
 day of July and the thirty-first day of August and the winter 
 holidays shall commence on the twenty-fourth day of December 
 in all schools. 
 
1046 
 
 SCHOOLS 
 
 (2) The board of any district in which the school is open 
 during the whole year may allow two weeks' additional holi- 
 days. 
 
 (3) When a school is open only during a portion of the year 
 the board may give holidays not to exceed two weeks beginning 
 on the second day of July: 
 
 Provided that the commissioner may on proper representa- 
 tion being made to him allow the board to give holidays not 
 exceeding two weeks at some other time. 1901, c. 29, s. 134. 
 
 Holidays 135. j^^^ AVednesday, Good Friday, Easter Monday,, 
 
 Arbour day (second Friday in May), the birthday of the reign- 
 ing sovereign, Victoria day. Dominion day, Laboiir day. 
 Thanksgiving day, Christmas day, ISTew Year's day and any 
 day specially appointed as a holiday by the Governor General, 
 the Lieutenant Governor of the Territories, the mayor of a 
 city or town or the reeve of a rural municipality shall be holi- 
 days; and it shall be at the discretion of the board to permit 
 any other holidays not exceeding one day at a time. 1901, c. 
 29, s. 135. 
 
 Language to he Used. 
 
 English 136. AH schools shall be taua;ht in the English lanaruaffe 
 
 ltinGfll3,&f6 o o o 
 
 compulsory but it shall be permissible for the board of any district to 
 cause a primary course to be taught in the French language. 
 
 u*g*uages (^) '^^^ board of any district may subject to the regula- 
 
 may be taught ^ions of the department employ one or more competent persons 
 to give instruction in any language other than English in the 
 school of the district to all pupils whose parents or guardians 
 have signified a willingness that they should receive the same 
 but such course of instruction shall not supersede or in any 
 way interfere with the instruction by the teacher in charge of 
 the school as required by the regulations of the department and 
 this Ordinance. 
 
 (3) The board shall have power to raise such sums of money 
 as may be necessary to pay the salaries of such instructors and 
 all costs, charges and expenses of such course of instruction 
 shall be collected by the board by a special rate to be imposed 
 upon the parents or guardians of such pupils as take advantage 
 of the same. 1901, c. 29, s. 136. 
 
 Special rate 
 for the 
 purpose 
 
 Religious 
 instruction 
 
 Religious Instruction. 
 
 1J?7. ISTo religions instruction except as hereinafter provided 
 shall be permitted in the school of any district from the 
 opening of such school until one half hour previous to its 
 closing in the afternoon after which time any such instruction 
 permitted or desired by the board may be given. 
 
SCHOOLS 1047 
 
 (2) It shall however be permissible for the board of any Time for 
 district to direct that the school be opened by the recitation of prayer^ 
 the Lord's prayer. 1901, c. 29, s. 137. 
 
 138. Any child shall have the privilege of leaving the Attendance 
 school room at the time at which religions instriiction is com- puisory 
 menced as provided for in the next preceding section or of religious 
 remaining without taking part in any religious instruction 
 
 that may be given if the parents or guardians so desire. .1901, 
 c. 29, s. 138. 
 
 139. ISTo teacher, school trustee or inspector shall in any no pupil to be 
 way attempt to deprive such child of any advantage that it ordi"l?y ° 
 might derive from the ordinary education given in such school "^ ""^'^ ^°° 
 and any such action on the part of any school trustee, inspector 
 
 or teacher shall be held to be a disqualification for and voidance 
 of the office held by him. 1901, c. 29, s. 139. 
 
 Kindergarten Classes. 
 
 140. Kindergarten classes may be established in any school Ages and fees 
 for the teaching and training of children between the ages of 
 
 four and six years according to kindergarten methods and in 
 such school a fee may be charged not exceeding $1 per month 
 for each pupil to cover cost of maintaining such department. 
 1901, c. 29, s. 140. 
 
 Night Classes. 
 
 14:1. The board of any district may engage a qualified How 
 
 , "^ "^ . ii .maintained 
 
 teacher and make necessary arrangements at tne expense oi 
 the district for the maintenance of a night school : 
 
 Provided that if the school is kept open for one month a fee Fees 
 may be charged of not more than $2 per month for each 
 month or portion of month that the pupil is in attendance. 
 1901, c. 29, s.'l41. 
 
 COMPULSOEY EDUCATION. 
 
 143. In every district where there are at least fifteen schools to be 
 children between the ages of seven and fourteen inclusive resi- "P"" "" ''''*'" 
 dent within a radius of one mile and a half from the- school 
 house it shall be compulsory for the board of such district to 
 keep the school open the whole year. 1901, c. 29, s. 142. 
 
 143. In everv district where there are, at least ten children schools to be 
 between the ages of seven years and fourteen years mclusive months 
 it shall be compulsory for the board of such district to keep 
 the school in operation at least six months in every year. 
 1901, c. 29, s. 143. 
 
1048 SCHOOLS 
 
 attendance^ 144. Evcry jijirent, guardian or other person resident in a 
 
 school district having charge of any child or children between 
 the ages of seven and twelve inclusive shall be required to send 
 such child or children to school for a period of at least sixteen 
 . weeks in each year at least eight weeks of which time shall be 
 consecutive; and every parent, guardian or other person who 
 does not provide that every such child under his care shall 
 attend school or be otherwise educated shall be subject to the 
 penalties hereinafter provided. 1901, c. 29, s. 144. 
 
 iTaycompiaints ^^'^- ^^ fhall be the duty of the board of every dit^trict or 
 iuendance ^^7 persou authorised by it after being notified that any 
 parent, guardian or other person having control of any child 
 or children neglects or violates the provisions of the next 
 preceding section to make complaint of such neglect or viola- 
 tion to a justice of the peace and the person complained against 
 shall on summary conviction be liable to a fine not exceeding 
 $1 for the first offence and double that penalty for each subse- 
 quent offence. 1901, c. 29, s. 145. 
 
 fnvestfg'ate 146. It shall be the duty of the justice of the peace to 
 
 attendance" ascertain as far as may be the circumstances of any party 
 
 complained of for not sending his child or children to school or 
 
 otherwise educating him or them and he shall accept any of 
 
 the following as a reasonable excuse : 
 
 accepted ° " 1. That the child is under instruction in some other satis- 
 factory manner ; 
 
 2. That the child has been prevented from attending school 
 by sickness or any unavoidable cause ; 
 
 3. That there is no school open which the child can attend 
 within such distance not exceeding two and one-half miles 
 measured according to the nearest passable road from the 
 residence of such child ; 
 
 4. That su.ch child has reached a standard of education of 
 the same or of a greater degree than that to be obtained iu tli? 
 school of the district within which such child resides ; 
 
 5. That such parent or guardian was not able by reason of 
 poverty to clothe such child properly or that such child's bodily 
 or mental condition has been such as to prevent his or her 
 attendance at school or application to study for the period 
 required. 1901, c. 29, s. 146. 
 
 Truancy. 
 
 Traunt Officer 147. fhc board of any district may appoint a truant officer 
 who shall for the purposes of this Ordinance be vested with 
 
SCHOOLS 1049 
 
 police powers and it shall have authority to make regulations Regulations 
 for the direction of such officer in the enforcement of the pro- 
 visions of this Ordinance as it may deem expedient provided 
 such regulations are not inconsistent with any of the provisions 
 of this Ordinance and have been approved by the commis- 
 sioner. 1901, c. 29, s. 14Y. 
 
 148. If the parent, guardian or other person having the Tramit officer 
 legal charge of any child shall neglect or refuse to cause such complaint 
 child to attend some school within five days after being notified 
 
 as herein required unless excused from such attendance as 
 provided in this Ordinance the truant officer shall make or 
 cause to be made a complaint against such person before a 
 justice of the peace and such person shall be liable on summary 
 conviction to a fine not exceeding $1 and costs for the first 
 offence and double that penalty for each subseqiient offence : 
 
 Provided that in other than town districts the provisions of 
 the foregoing clauses relating to truancy shall not apply to 
 children who may reside more than one mile from the school 
 house. 1901, c. 29, s. 148. 
 
 TEAOHEK. 
 
 Qualification. 
 
 149. 'No person shall be engaged, appointed, employed orrp^ugteegto 
 retained as teacher in any school unless he holds a valid cei:ti- quiMed 
 ficate of qualification issued under the regulations of the '""•"''*'■ 
 department. 1901, c. 29, s. 149. 
 
 Engagement and Dismissal. 
 
 150. A teacher shall not be engaged except under the ^^^^j^^^ ^^^^ 
 authority of a resolution of the board passed at a, regular oxll^:^g'^l^^f^^ 
 special meeting of the board. 1901, c. 29, s. 150. , 
 
 151. The contract entered into shall be in the formFo„„o, 
 prescribed by the commissioner and such form may be altered o""'^''"-''' 
 or amended as may be mutually agreed upon by the contract- 
 ing parties provided such alterations or amendments are not 
 inconsistent with any of the provisions of this Ordinance or 
 
 the regulations of the department. 1901, c. 29, s. 151. 
 
 153. The contract shall be deemed valid and binding iff»r„«es^y 
 signed by the teacher and by the chairman on behalf of the 
 board. 1901, c. 29, s. 152. 
 
1050 
 
 SCHOOLS 
 
 DiamisBed 153. ^j^y teacher who has been suspended or dismissed by 
 
 teacher may .' '^ . "^ 
 
 appeal the board may appeal to the commissioner who shall have 
 
 power to take evidence and confirm or reiverse the decision of 
 the board and in the case of reversal he may order the rein- 
 statement of such teacher: 
 
 Provided that in case there is no appeal to the commissioner 
 or in the event of an appeal if the decision of the board is 
 sustained the teacher shall not be entitled to salary from and 
 after the date of such suspension or dismissal. 1901, c. 29, 
 s. 153. 
 
 Payment of Teachers. 
 
 Every^three 154. Every teacher shall be paid the amount of salary due 
 to him at least once in every three months and it shall be the 
 duty of the board to make due provision for such payment. 
 
 1901, c. 29, s. 154. 
 
 How to 
 estimate 
 teacher's 
 sal.ary 
 
 155. The salary of a teacher who has been engaged in any 
 district for four months or more continuously shall be esti- 
 mated by dividing the rate of salary for the year by 210 and 
 multiplying the result obtained by the number of actual teach- 
 ing days within the period of his engagement: 
 
 Provided that if a teacher has taught more than 210 days in 
 any calendar year he shall only be entitled to a year's salary. 
 1901, c. 29, s. 155. 
 
 Salary in case 
 of sickness 
 
 156. Every teacher in case of sickness certified by ,a 
 qualified medical practitioner shall be entitled to his salary 
 during such sickness for a period not to exceed four weeks for 
 the entire year which period may be increased by the board. 
 1901, c. 29, s. 156. 
 
 Payment of 
 salary 
 
 Teaching 
 
 157. A teacher whose agreement with a board has expired 
 or who is dismissed by them shall be entitled to receive forth- 
 with all moneys due him for his services as teacher while 
 employed by said board; if such payment be not made by the 
 board or tendered to the said teacher he shall be entitled to 
 recover the full amount of his salary due and unpaid with 
 interest in any court of competent jurisdiction. 1901, c. 29, 
 s. 15T. 
 
 Duties of Teacher. 
 
 158. It shall be the duty of every teacher : 
 
 1. To teach diligently and faithfully all the subjects 
 required to be taught by the regulations of the department ; 
 
SCHOOLS 1051 
 
 2. To maintain proper order and discipline and to conduct Discipline 
 and manage the school according to the regulations of the 
 department ; 
 
 3. To keep in a conspicuous place in the school room a time Time table 
 tahle which shall show the classification of pupils, the subjects 
 taught each day in the week, the length of each recitation 
 period and the seat work given ; and to submit such time table 
 
 to the inspector for his approval and signature on the occasion 
 oi his visit to the school; 
 
 4. To keep in the prescribed form the school registers and Register 
 to give access to them to trustees, officers of the board, inspec- 
 tors and any other person authorised thereto by the commis- 
 sioner ; 
 
 5. To make at the end of each term or at any other time promotions 
 such promotions from one class or standard to another as he 
 
 may deem expedient subject to the ratification of the inspector 
 at his next visit; 
 
 6. To hold during each year a public examination of his Public 
 school of which he shall give due notice to the board and 
 through the pupils to their parents or guardians; 
 
 7. To send monthly to the parents or guardian of each Monthly 
 
 . reports 
 
 pupil if reqviired by the board a feport of the pupil's attend- 
 ance, conduct and progTess; 
 
 8. To encourage the observance of Arbour day by holding Arbour day 
 suitable exercises, to take an interest in the cleanliness and 
 tidiness of the school grounds and to secure the co-operation 
 
 of trustees and parents in planting trees and shrubs about the 
 school ; 
 
 9. To give strict attention to the proper heating, ventilation If^i'^*^? <=°"- 
 and cleanliness of the school house and to the condition of the «'='^°°i '•°°'" 
 outhouses in connection with the same and to report to the 
 
 board any defect with respect thereto; 
 
 10. To exercise vigilance over the school property, theCarerf^^ 
 buildings, fences, furniture and apparatus so that they may 
 
 not receive unnecessary injury and to give prompt notice in 
 writing to the board of any such injury ; 
 
 11. To report to the secretary of the board any necessary Needed 
 repairs to the school buildings or furniture and any required 
 supply of fuel, drinking water, furniture or equipment ; 
 
 12. To see that the provisions of clause 10 of section 95 of Privies 
 this Ordinance have been complied with and if not to report to 
 
 the board and in case of any leglect on the part of the board 
 to notify the commissioner ; 
 
1052 
 
 scirooLS 
 
 Contagious 
 diseases 
 
 Suspend 
 pupils 
 
 Returns to 
 department 
 
 Give informa- 
 tion re school 
 
 GiTB up 
 property 
 
 Attend 
 meetings 
 
 13. To notify the chairman of the board vvhenever he has 
 reason to believe that any pupil attending school is affected 
 with or exposed to small pox, cholera, scarlatina, diphtheria, 
 whooping cough, measles, mumps or other infectious or con- 
 tagious disease and to prevent the attendance of any pupil so 
 affected or exposed or suspected of being affected or exposed 
 until furnished with the written statement of a physician or 
 the 'chairman of the board that such contagious or infectious 
 disease does not exist or that all danger from exposure to any 
 of them has passed away ; 
 
 14. To suspend from school any pupil for violent opposition 
 to authority and to forthwith report in writing the facts of 
 such suspension to the board which may take such action with 
 regard thereto as it may deem necessary; 
 
 15. To assist the board and its officers in making the pre- 
 scribed returns to the department; 
 
 16. To furnish to the commissioner, the inspector of 
 schools, the board or any person appointed by the commis- 
 sioner any information which it may be in his power to give 
 respecting anything connected with the operation of the school 
 or in anywise affecting its interests or character ; 
 
 17. To deliver up any school registers, school house key or 
 other property^ of the district in his possession when required 
 to do so by a written order of the board ; 
 
 18. To attend all meetings of the teachers called by the 
 principal where more than one teacher is employed. 1901, c. 
 29, s. 158. 
 
 Duties of Principal. 
 
 Principal and 
 assistants 
 
 159. In every school in which more teachers than one are 
 employed the head teacher shall be called the principal and the 
 other teachers assistants. 1901, c. 29, s. 159. 
 
 160. The principal shall prescribe with the concurrence of 
 the board the duties of the assistants and shall be responsible 
 for the organisation and general discipline of the whole school. 
 1901, c. 29, s. 160. 
 
 Teachers' Associations. 
 
 Meetings sub- 
 ject to 
 regulations 
 
 161. Any number of teachers may organise themselves into 
 an association and subject to the regulations of the department 
 may hold conventions and institutes for the purpose of receiv- 
 ing instruction in and discussing educational matters. 1901, 
 
 c. 29, s. 161. 
 
soHOota 1053 
 
 EDtrCATlON OV NON-RESIDENT OHILGKEN. 
 
 ication 
 education 
 
 163. The parent or lawful guardian of any child residing Appi 
 outside the limits of any district may apply to the board for o7noDv°^d"nt 
 the admission of such child to its school and it shall be the duty ''''"^'*" 
 of the board to admit such child : 
 
 Provided always that the board may demand that the appli- inspector's 
 cation for the admission of- any nonresident child be accom- reqtared 
 panied by a statement from the inst)ector of the district to the 
 effect that the accommodation of the school is sufficient for the 
 admission of such child : 
 
 Provided further that the board may demand from such Fees 
 parent or guardian the payment of school fees at a rate not 
 exceeding four cents per da:y per family which fees shall be 
 payable monthly in advance and shall be calculated according 
 to the number of actual teaching days in each month. 1901, 
 e. 29, s. 162. 
 
 163. The parent or lawful guardian of any child residing Resident 
 Avithin the limits of any district and who is not a taxpaijcr''^^^^''^'^ 
 thereof may send his children to the school operated within 
 
 the district subject to the second proviso of the next preceding 
 section. 1901, c. 29, s. 163, and 1903, Sess. 2, c. 27, s. 11. 
 
 164. Any person not living within a district may apply to Appiicadon 
 the board of any district to have his or her property if not to have 
 already included in any other district assessed in such district assessed 
 
 to secure the advantages of education for his children and in 
 any such case on the report of an inspector that the accommo- 
 dation of the school room is sufficient for the admission of the 
 children of such person the board shall receive such application 
 and place the said property on the assessment roll of the 
 district and such property shall remain liable to assessment in 
 such district until a new district is established including the 
 said property; and for the puross of enforcing;!,- payment of 
 taxes and of all remedies therefor the said property shall be 
 deemed to be within the school district on whose assessment- 
 roll it is placed. 1901, c. 29, s. 164. 
 
 CONVEYANCE OF SCHOOL CHILDKEN. 
 
 From One District to Another. 
 
 165. Upon a petition hereinafter provided for being trans- Agreement 
 mitted to the commissioner he mav empower the board of any education o( 
 
 IT. • -1 J.1 1 J children 
 
 rural district to enter into an agreement witn any otner boaro of another 
 
 . district 
 
 or boards for the education of the children of its district upon 
 
 suc]j terms as may be mutuallj agreed upon and approved by 
 
1054 
 
 SCHOOLS 
 
 Regulations 
 
 for 
 
 conTeyanoe 
 
 Cost of 
 
 him and the board entering into any such agreement shall 
 have full power and authority to make the necessary levy and 
 assessment for the purpose of carrying out the terms of tbu 
 agreement and for providing for the conveyance of children 
 to and from school under the provisions of The School Assess- 
 ment Ordinance : 
 
 Provided that any such agreement may be terminated by 
 any board a party thereto by giving notice on or before the 
 first day of October in any year and upon such notice being 
 given the agreement shall cease and determine on the last day 
 of the month of December following. 
 
 (2) The petition for permission to enter into such an 
 agreement may be in form prescribed by the commissioner and 
 shall be signed by at least two-thirds of such resident rate- 
 payers of the district as are the parents or guardians of child- 
 ren between the ages of five and sixteen years inclusive. 
 
 (3) The statements contained in the petition shall be veri- 
 fied by the affidavit of two of the subscribing petitioners and 
 the signatures of the ratepayers signing the petition shall bo 
 verified by the afiidavit of a subscribing witness thereto. ■ 1901, 
 c. 29, s. 165. 
 
 166. The commissioner may subject to the approval of the 
 Lieutenant Governor in Council make such regulations as are 
 deemed necessary and expedient for the proper conveyance of 
 the children as hereinbefore provided and for the keeping of 
 proper records of the number of children conveyed, the 
 distance travelled, the cost of conveyance and such other 
 information as may be desired. 1901, c. 29, s. 166. 
 
 Within the School District. 
 
 167. The board of any district may make due provision 
 subject to the regulations of the department in that behalf for 
 the proper conveyance of the school children resident within 
 the district to and from school and it shall have power to 
 provide for the cost of such conveyance in the same manner as 
 is provided for the other expenditures of the district. 
 
 (2) The secretary of every district in which provision is 
 made as aforesaid shall forthwith notify the commissioner. 
 1901, c. 29, s. 167. 
 
 PENALTIES AND PEOIIIBITIONS. 
 
 Fulfilment of 
 contracts 
 
 168. Any board or any member thereof that wilfully 
 neglects or refuses to. exercise or to assist in exercising all the 
 corporate powers vested in such board by this Ordinance for 
 
SCHOOLS 1055 
 
 the fulfilment of any contract or agreement made by it shall 
 be personally responsible for the fulfilment of such contract 
 or agreement. 1901, g. 29, s. 168. 
 
 169. Should the board of any district wilfully contract Lfabiuty of 
 
 trQStGCS 
 
 liabilities in the name of the district greater or other than as unauthorised 
 
 provided or allowed by this Ordinance or appropriate any of 
 
 the moneys of the district for piirposes other than are provided 
 
 or allowed by this Ordinance the treasurer of the district or 
 
 some other person authorised by the commissioner may recover 
 
 as a debt in a court of competent jurisdiction from such board 
 
 jointly or severally the sum or sums for which the district 
 
 has been rendered liable through the action of such trustees 
 
 over and above the amotmt so provided by this Ordinance in 
 
 addition to the total amount of any moneys that have been 
 
 misappropriated by such trustees. 1901, c. 29, s. 169. 
 
 170. If any trustee knowingly signs a false report or if any False report 
 teacher keeps a false school register* or knowingly makes a 
 
 false return he shall be guilty of an offence and liable on 
 summary conviction to a fine not exceeding $20. 1901, c. 
 29, s. 170. 
 
 171. Anv trustee: officer or employee of a district who after v^rongfui 
 
 •' ' . . , , . detention of 
 
 ceasing to hold ofiice detains any money, book, paper or thing property of 
 belonging to the district shall thereby incur a penalty not 
 exceeding $20 for each day during which he wrongfully Penalty 
 retains possession of such money, book, paper or thing after 
 having received notice in writing from the chairman of the 
 board or from the commissioner requiring him to deposit the 
 same in the hands of some person mentioned in such notice. 
 
 (2) Any trustee, officer or employee of a district ^'^f^^ Ne^^e^c^t o^^^^ 
 refuses, neglects or fails to perform any duty imposed on Urn 
 hy this Ordinance shall he liable to a penalty not exceeding $50. 
 1901, c. 29, s. 171 and 1903, Sess. 2, c. 27, s. 12. 
 
 173. Any returning officer of any district or proposed Misconduct of 
 district acting under the provisions of this Ordinance who officer 
 shall knowingly and wilfully prejudice the result of any 
 voting by preventing votes from being taken or by taking 
 unlawful votes or by altering returns or books in any way or 
 by any other means shall be liable to a penalty of not less than 
 $10 and not exceeding $100. 1901, c. 29, s. 172. 
 
 173. Anv person who wilfully disturbs, interr^ipts or Penalty for 
 
 j.»t». xiiij jvv^iuv^ij. ./ . ,„ disturbing 
 
 disquiets the proceedings of any school meeting authorised to school or 
 be held by thig Ordinance or any one who wilfully interrupts '"«'=''"S' 
 
1056 
 
 HQttQoW 
 
 Of disquiets any school established and conducted under its 
 authority by rude or indecent behaviour or by making a noise 
 cither -within the place where such school is kept or held or so 
 near thereto as to disturb the order of exercises of the school 
 shall be guilty of an offence for which he shall forfeit for the 
 use of the district within which the offence was committed a 
 sum not exceeding $20. 1901, c. 29, s. 173. 
 
 eannl^tV 1'74. ISTo school trustee shall be eligible to appointment as 
 
 teacher teacher within the district of which he is a trustee ; nor shall 
 
 the teacher of any school hold the office of school trustee. 1901, 
 
 c. 29, s. 174. 
 
 Recovery of 
 fines 
 
 175. All fines, penalties and forfeitures mentioned in this 
 Ordinance may be recovered and enforced with costs on 
 summary conviction before a justice of the peace. 1901, c. 
 29, s. 175. 
 
 Application 
 of royalties 
 
 176. All moneys accruing from fines or penalties under 
 this Ordinance shall unless otherwise provided belong to the 
 
 1901, c. 29, s. 176. 
 
 general revenue fund of the Territories 
 
 MISCEXLANEOUS. 
 
 Town district 177. The Lieutenant Governor in Council ma.y by order 
 declared notice of which shall be published in the official gazette 
 
 villagediatrict ^ c i ■ .-. t 
 
 declare that for the purposes of this Ordinance any town 
 district shall be deemed to be a village district and thereafter 
 all the provisions of this Ordinance relating to village dis- 
 tricts shall apply thereto. 1901, c. 29, s. 177. 
 
 Confirmation 
 of existing 
 districts, etc. 
 
 178. All school districts heretofore erected or purporting 
 so to be are hereby confirmed as districts legally established 
 under this Ordinance with any alterations of boundaries made 
 or purporting to have been made and all debentures issued by 
 the trustees or commissioners of any such school districts are 
 hereby confirmed and declared to be legal and valid charges 
 upon the property of the districts issuing the same notwith- 
 standing any defect or irregularity in any proceeding in 
 respect of or preliminary to the erection of such districts or 
 alterations of the boundaries thereof or the issuing of such 
 debentures. 1901, c. 29, s. 178. 
 
 . Repeal 179. "Fhe School Ordinance being chapter 75 of The Con- 
 
 solidated Ordinances 1898 and chapter 26 of the Ordinances 
 of 1900 amending the same are hereby repealed: 
 
SCHOOLS lOSY 
 
 Provided however that sections IIG to 19G and 212 to 214 
 all inclusive sh'all continue in force until the first day of 
 January, 1902. 1901, c. 29, s. 179. 
 
 180. This Ordinance shall come into force on the first day 
 of September, 1901. 1901, c. 29, s. 180. 
 
 SCHEDULE. 
 
 FOEM A. 
 Proposed School District of the X.W.T. 
 
 (Proposed name of district) 
 
 The undersigned severally declare each for himself that he 
 is, of the full age of twenty-one years, that he actually resides 
 within the above named proposed school district and that he 
 ha^ so resided therein and owned or been the occupant of 
 assessable property therein for a period of at least two months 
 immediately prior to this date. 
 
 Nf lilies. 
 
 Propertj' owned or occupied. 
 
 Witnesses to the above signatures: 
 
 Chairman. 
 
 Secretary. 
 Dated the day of 190 
 
 1901, c. 29. 
 
 FOEM B. 
 (a) 
 
 {This form should he used for resident ratepayers in any 
 estailished district not having a revised assessment roll.) 
 
 The ^-I)- ^"- o£ the X.W.T. 
 
 The undersigned severally declare each for himself that he 
 is of the full age of twenty-one years, that he actually resides 
 
1058 
 
 SCHOOLS 
 
 within the above named district and that he has owned or 
 been the occupant of assessable property therein for a period 
 of at least two months prior to this date. 
 
 Names. 
 
 Property owned or occupied. 
 
 Witnesses to the above signatures: 
 Vhairman. 
 
 Dated the 
 
 Secretary. 
 day of 
 
 190 
 
 (6) 
 
 (This form should he used for resident ratepayers in any 
 district that has a revised assessment roll.) 
 
 The S.D. No. of the N.W.T. 
 
 The undersigned severally declare each for himself that he 
 is of the full age of twenty-one years, that he actually resides 
 within the above named district, that his name appears on the 
 last revised assessment roll of the district and that he has 
 paid all taxes due by him thereto. 
 
 Names. 
 
 Property owned or occupied. 
 
 Witnesses to the above signatures: 
 
 Dated the 
 
 Chairman, 
 
 Secretary. 
 
 day of 
 
 190 
 
SCHOOLS 
 
 (This form should be used for ratepayers of any estahUshed 
 district.) 
 
 Tlie . S.D. TsTo. of the N.W.T. 
 
 The undersigned severally declare each for himself that he 
 
 is of the full age of tweiity-(-)ne years, '"' * * and that he 
 has paid all taxes due by him thereto. 
 
 1059 
 
 Names. 
 
 Property owned or occupied. 
 
 Witnesses to the above signatures: 
 Chairman. 
 
 Secretary. 
 
 Dated the day of 190 . 
 
 1901, c. 29 and 1903, Sess. 2, c. 27, s. 13. 
 
 POEM 0. 
 
 Poll Book. 
 
 Election of Trustees for the S.D. No. of the N.W.T. 
 
 Date of Poll ; Poll opened ; Poll closed ; 
 
 Name of voter. Person voted or. 
 
 Remarks. 
 
 Chairman. 
 
 POEM D. 
 
 [Repealed hy seclion IJ,. of 100-3, Sess. J, c. SI .] 
 
1060 
 
 SCHOOLS 
 
 FOEM E. 
 
 [Repealed hij section H of 1903, 8ess. 2, c. 27.'] 
 
 FORM F. 
 Poll Book. 
 
 Vote on debenture bylaw submitted to the ratepayers of 
 
 S.D. on the day of 190 
 
 Poll opened at ten o'clock a.m. Poll closed at four o'clock 
 p.m. 
 
 Name of voter. 
 
 Record of votes. 
 
 
 For bylaw. 
 
 Against bylaw. 
 
 
 Totals 
 
 
 
 
 Ticluniing Officci'. 
 1901, c. 29. 
 
 FOEM O. 
 
 I, the undersigned justice of the peace in and for the North- 
 West Territories having received the poll book used' to record 
 the votes taken at the meeting held in the {give name of school 
 district in full) on the day of 190 
 
 on the question of the issue of debentures on the security of 
 the said district and having heard all complaints relative to 
 the conduct of the voting beg leave to submit the following 
 return of the votes. 
 
 Total No. of votes taken. 
 
 No. of votes on each side 
 after the recount. 
 
 I'or 
 
 Against 
 
 For 
 
 Against 
 
 
 
 
 
 Dated at 
 
 th 
 
 IS 
 
 J.P- 
 
 day of 190 
 
 1901, c. 29. 
 
SCHOOL ASSESSMENT j^QGl 
 
 SCHOOLS. 
 
 a:m.exdment. 
 
 An Ordinance to amend Chapter 29 of the Ordinances i^os.sess. 2, c. 
 ot 1901, intituled "An Ordinance respecting 21 Nov., 190s 
 Schools." ^ ^ 
 
 [Asseriied to November 21, 1903.] 
 
 milE Lieutenant Governor by and with the advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. to 14. * ■"■ -:^ -"- * * * * * * -::■ ->:- * 
 
 Order not to 
 be invalidated 
 {or 
 
 15. A"o order purporting to be made undjcr the said. 
 Ordinance and being within the powers conferred by the said L 
 Ordinance shall be deemed invalid on account of any noncom- '"^^"'''""' 
 pliance with any of the matters required by the said Ordinance 
 
 as preliminary to such order. And no misnomer, inaccurate 
 description or omission in any such order shall in anywise 
 suspend or impair the operation of the Ordinance with respect 
 to the matter so misdescribed or omitted. 
 
 16. Any misdescription or other error in any order made correction of 
 by the commissioner or in any order made or proclamation 1^™'' '" °"''^'"'' 
 issued by the Lieutenant Governor in Council under the pro- 
 visions of the said Ordinance or under the provisions of 
 
 any other Ordinance respecting schools at any time in force 
 in the Territories may be corrected and confirmed with such 
 correction as of the date on which it was made or issued by 
 the commissioner by any subsequent order. 
 
 SCHOOL ASSESSMENT. 
 
 Principal Ordinance I'P', c. jo ^^^ ^ ^ 
 
 Amending- Ordinance '903, Sess. i, c. 21 x2 June, 1901 
 
 An Ordinance respecting Assessment and Taxation 
 in School Districts. 
 
 [Assented to June 12, 1901.] 
 
 f'r^HE Lieutenant Governor by and with the advice and 
 JL consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOKT TITLE. 
 
 1. This Ordinance may be cited as "The School Assessment short uuo 
 Ordinance.'' 1901, c. 30, s. 1. 
 
1062 SCHOOL ASSESSMENT 
 
 INTEEPEETATION. 
 
 n erpre a ion g^ j^^ ^j^.^ Ordinance unless the context otherwise requires : 
 
 1. All words, names and expressions except the expression 
 "commissioner" 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; 
 
 i. The expression "commissioner" shall mean the commis- 
 sioner of public works of the Territories. 1901, c. 30, s. 2. 
 
 ASSESSOE. 
 
 Assessor 3. 'Yhe assessment in any village or rural district may be 
 
 made by the board or any person appointed by it as assessor 
 for the district. 
 
 beaasesa"^^ (2) Any member of the board may be appointed assessor. 
 
 Interpretation ^3") Q^jjg expression "assessor" in any part of this Ordin- 
 ance 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. 1901, c. 30, s. 3. 
 
 ASSESSMENT IN EUEAL DISTEICTS. 
 
 ^ctions'lTo 24 ^* 1^1^® following sections numbers 5 to 24 inclusive shall 
 apply to rural districts only. 
 
 Exemptions 5. In 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 ditcli. 1901, c. 30, s. 5. 
 
SCHOOL ASSESSMENT 1063 
 
 6. As soon as may be in each year the assessor of the Assessment 
 district shall assess every person the owner or occupant of™" 
 land m 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; 
 
 (b) The name of either the owner or occupant or both. 
 1901, c. SO, s. 6. 
 
 7. If the assessor does not know and cannot after reason- Assessment 
 able inquiry ascertain the name of the owner of any unoccu- unknoTn"'' 
 pied 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. 1901, c. 30, s. Y. 
 
 8. In cases where separate school districts have been estab- Separate 
 lished whenever land is held by two or more persons as joint fsSmilttot' 
 tenants or tenants in common the holders of such property ■""'"' """^""^ 
 being protestants and romau catholics they shall be assessed 
 
 in proportion to their interest in the land in the district to 
 which they respectively are ratepayers. 1901, c. 30, s. 8. 
 
 9. A company may by notice in that behalf to be given to separate 
 the secretary of the board of any district in which a separate company'may 
 school has been established and to the secretary of the board of aas^upporter 
 such separate school district require any part of the land of 
 
 which such company is the owner to be 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 specially 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 public school 
 purposes but all other land of the company shall be separately 
 entered and assessed in the name of the company as for public 
 school purposes: 
 
 Provided alwavs that the share ov i)ortiou of the land of any „ . 
 
 . , . . „ Proviso as to 
 
 company entered, rated or assessed in any district for separate ^harrah°id'f 
 school purposes under the provisions of this section shall bear district 
 the same ratio and proportion to the whole land of the com- 
 pany assessable within the district as the amount or propor- 
 tion 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 us the case may be bears to 
 the whole amount of such paid or partly paid up shares or 
 stock of the company. 
 
1064 
 
 SCIKlOL ASSJCSSifENT 
 
 Notice to be 
 continuing 
 
 Notice open 
 to inspection 
 
 Fraudulent 
 notices 
 
 Penalty 
 
 Assessment 
 roll 
 
 Notice to 
 
 persons 
 
 assessed 
 
 Cop7 ot roll to 
 be posted 
 
 Date of post- 
 ing may be 
 noted on roll 
 
 Correction of 
 error in roll 
 
 (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 shall 
 remain with and be kept by him on file in his office and shall 
 at all 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 the company from rates but any company fraudu- 
 lently giving such notice or making false statements therein 
 shall be liable to a penalty not exceeding $100 and any person 
 giving for a company such a statement fraudulently or wil- 
 fully inserting in any such notice a false statement shall be 
 guilty of an offence and liable on summary conviction to the 
 like penalty. 1901, c. 30, s. 9. 
 
 10. Upon the completion of the assessment roll the assessor 
 shall deliver the same to the secretary of the board. 
 
 (2) The secretary shall mail to each person assessedwhose 
 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 
 ^mknown. 
 
 (3) After all the notices have been mailed the secretary 
 shall post a copy of the roll at the school house or if there be 
 no school house in the district in some conspicuous place out- 
 side his residence and shall keep the original roll at his resi- 
 dence open to inspection at any reasoiiable time. 
 
 (4) The secretary may enter on the assessment roll the 
 date on which the same is posted up and initial the s,ame and 
 the entry of such date and initials shall be prima facie evi- 
 dence of the posting of the roll on the date so entered without 
 proof of the appointment of or initialing by the secretary. 
 
 (5) //' at any tirne wiiliiii two months after the posting of 
 tJie roll it is discovered that any person liable to assessment is 
 not assessed or that there is any error in any of the particulars 
 
SCHOOL ASSESSMENT 1065 
 
 contained in the roll the board may direct the secretary to enter 
 the name of such person on ihe roll or correct the error. 
 
 (6) In the event of any addition to or alteration or cori-ec-^°^^^^^° 
 tion of the roll under the next preceding subsection without '^^^"^^^ 
 the lenoiuledge and consent of the person affected a notice as 
 required by subsection (2)' shall be sent to such person and for 
 the purposes of this and the next following section the date of 
 mailing such notice shall as respects him he deemed to be the 
 date of posting the roll. 1901, c. 30, s. 10 and 1903, Sess. 
 1, e. 21, s. 1. 
 
 11. Any person who objects lo liis asscfsmont may witliin ^3^^®*^^™™ 
 fifteen days after the posting of the roll appeal from such 
 assessment 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 not be later than thirty 
 days after the posting of the roll and the finding of the justice 
 upon such appeal shall be final. 
 
 (2) At the time and place fixed by the justice of the peace Secretary to 
 the secretary shall appear and produce the assessment roll and produce rou, 
 all documents and papers in his custody relating to the appeal. 
 
 (3) With every notice of appeal there shall be paid to the t'ree to justice 
 justice of the peace by the appellant the sum of $2 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 initialed by the justice of 
 
 the peace. 
 
 (5) An appeal shall lie from the decision of the justice of Appeal to 
 the peace to a judge of the supreme court and for the purpose 
 
 of such appeal the provisions of section J4 shall apply. 1901 
 c. 30, s. 11 and 1903, Sess. 1, c. 21, s. 2. 
 
 13. After the expiration of fifteen days from the posting of Rate 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 expen- 
 diture. 1901, c. 30, s. 12, 
 
10G6 
 
 SCHOOL ASSESSMENT 
 
 Tax roll 
 
 Minimum tax 
 
 13. The secretary shall thereupon prepare a tax roll hy 
 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. 
 
 (2) In the event of the total tax of any person being less 
 than $3 undo' this seellon the tax to be entered on the roll, 
 and payable by Ji'nn shall be the said sum of $Z. 1901, c. 30, 
 s. 13 and 190.-!, Sess. 1, c. 31, s. 3. 
 
 Tax roll to be 
 delivered to 
 treasurer 
 
 Copy to be 
 posted 
 
 Date of post- 
 ing may be 
 noted on roll 
 
 Tax notice 
 to be sent 
 
 Rebate in 
 taxes 
 
 14. The secretary if there be both a seci'ctary and a treas- 
 urer shall deliver 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. 
 
 (2) The treasurer may enter on the tax roll the date on 
 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 initialing 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 
 without 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. 
 
 (1) The board may by resolution alloir a rebate not to 
 exceed ten per cent, upon all taxes paid within thirty days 
 after such taxes have become payahle. 1901, c. 30, s. 14 and 
 1903, Scss. 1, c. 21, s. 4. 
 
 Taxes a lien 
 
 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 incumbrance thereon 
 except claims of the crown and local improvement and irri- 
 gation district taxes and. shall bear interest at the rate of six 
 per cent, per annum from the thirty-first day of December of 
 the year in which they are imposed. 1901, c. 30, s. 15 and 
 
 1903, St 
 
 il. 
 
 KEOOVEBY OP TAXES. 
 
 Distress (or 
 taxes 
 
 16. In case any person fails to pay the taxes assessed 
 against him within thirty days after the posting of the tax roll 
 
SCHOOL ASSIOSS.MUXT 1067 
 
 the treasiirer 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 foimd upon the land in respect of which 
 the taxes are due the property of or in the possession of any 
 other occupant of the premises and the costs chargeable shall 
 be the same as those allowed in the schedule to chapter 34 of 
 The Consolidated 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 j;he 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 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. 
 
 (4) If the claim is contested such surplus money shall be 
 paid over by the treasurer 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 In- action at law or otherwise. 1901, c. 30, 
 s. K-. 
 
 17. Any taxes or arrears of taxes due to a district may be sx,it for 
 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 purposes of this section all taxes shall be 
 deemed to be due on the day on which the tax roll is posted up 
 as provided in Recti<in 14 hereof. I'.H)!, c. 30, ^. 17. 
 
 18. The treasurer shall entor all amounts paid him ^or Taxes^paid^^ 
 taxes on the original tax roll opposite the lot or parcel of lando° roi!" "■' 
 in respect of which such payment is made; and shall issue an 
 
 official receipt for all such payments. 
 
 (2) Payments made on account of taxes due in" respect of Arrears^fl..t, 
 any land shall be first applied in payment of arrears of taxes pa.menu 
 • due in respect of such land .iucc the first day of January, 
 1902. 1901, c. 30, s. 18. 
 
1068 
 
 SCirOOL ASSESSMENT 
 
 Return of 
 unpaid taxes 
 
 EBTUKN 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 commissioner in such form as 
 may by the commissioner be from time to time i)re-cribed 
 showing all lands in the district in respect of which taxes have- 
 not been paid together ^vith the years for which such taxes are 
 due. 
 
 (2) The return for all purposes shall be prima facie evi- 
 dence of the validity of the assessment and imposition of the 
 taxe^ as shown therein and that all steps and formalities pre- 
 scribed by this Ordinance have been taken and observed. 1901, 
 c. 30, s. 19. 
 
 Application to 
 judge for 
 appointment 
 for 
 confirmation 
 
 Adjudication 
 by judge 
 
 30. On application by the attorney general of the Terri- 
 tories or some advocate authorised by him to a judge of the 
 supreme court in chambers such judge may appoint a time and 
 place for the holding of a court for 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 commissioner. 
 
 ^ (2) A notice of the time and place fixed for confirmation of 
 such return shall be sent by mail at least sixty days prior to 
 Ihe time so fixed to each person who appears by the 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 return ; and the nitry against siich 
 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 
 rderk be prima facie evidence that the required notice was 
 mailed on the date so entered. 1901, c. 30, s. 20. 
 
 31. At tlie time and place so appointed tlie judge shall liear 
 the application and also any objecting parties and the evidence 
 adduced before him; and thereupon adjudge and determine 
 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 ; and shall also confirm the return as to those 
 parcels on which any taxes are determined to be in arrears 
 for over two years after the coming into force of this Ordin- 
 
SCHOOL ASSESSMENT 1060 
 
 ance naming the amounts of such arrears and of any arrears 
 prior to the coming into force of this Ordinance severally and 
 (adding thereto a reasonable amount for the expense of adver- 
 tising together with such sum as he may fix for costs of the 
 application; and the effect of such adjudication shall be to vest 
 in the crown for the public use of the Territories the said 
 lands 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 commissioner of the 
 amounts named including expenses as aforesaid together with 
 a redemption fee of five cents for each and every acre in the 
 parcel so redeemed and any subsequent taxes paid by the 
 commissioner; but no such redemption fee shall be less than 
 $2. 
 
 (2) Eor 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 con- 
 firmation 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 commissioner. 
 
 (4) A copy of such adjudication certified by the commis- 
 sioner 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 such copy shall 
 be notice to the public of the facts contained therein. 1901, 
 c. 30, s. 21. 
 
 33. If anv person interested in the parcel of land contained Payment after 
 
 . , . , i „ ,. appointment 
 
 m the return presented to the judge lor confirmation as pro- 
 vided 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 $2 for each quarter section or portion thereof 
 for costs pf application to the judge and advertising and 
 postage in connection with such proceedings ; and any sums so 
 paid shall form part of the Territorial revenue. 1901, c. 30, 
 s. 22. 
 
 33. At anv time after the expiration of the year last named order vesting 
 
 •J '- , , title in crown 
 
 on ex -parte application by the attorney general or some advo- 
 cate appointed by him and upon production of the last named 
 adjudication together with a certificate of the commissioner 
 showing that the land has not been redeemed the judge by 
 order in chambers may direct that the title to such of the land 
 
1070 RCirOOL ASSESSMENT 
 
 named in the adjudication as has not been redeemed by the 
 owner be absolutely Vfsted in his Majesty freed from all liens, 
 mortgages and incumbrances of whatever nature and kind the 
 same may be except local improvement and irrigation district 
 taxes. 1901, c. 30, s. 23. 
 
 taxes by' °' ^^* ^0 ^oon as the return of the treasurer has been con- 
 commisBioner flj-med the Commissioner shall pay to the treasurer the amount 
 confirmation ^£ taxes adjudged in arrears since the coming into force of this 
 Ordinance on each parcel of land deducting therefrom any 
 charges he may have been required to pay; and thereafter 
 while owned by his Majesty the said land shall be assessed in 
 the name of the commissioner who shall pay taxes as if the 
 land were assessed to an ordinary individual. 
 
 (2) Upon 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 commissioner in respect thereof for taxes or other- 
 wise 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. 1901, e. ;iO, s. 21. 
 
 ASSESSMENT AND TAXATION IN VII.IAGE DISTRICTS. 
 
 of''sMtk)ns"2f> ^^' '^^^^ following scctions numbers 26 to 87 inclusive shall 
 •^os' apply to village districts only. 1901, e. 30, s. 25. 
 
 as^sessabie ^^" -^^^^ property real and personal in any village district 
 
 not herein declared exempt from taxation shall be subject to 
 assessment and taxation for school purposes. 
 
 Exemptions (g) The property exempt from taxation under the pro- 
 visions of this Ordinance shall be: 
 
 1. All the property held by his Majesty or for the public 
 use of the Territories; 
 
 2. All pro])erty 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 
 belonging to the same being used for school purposes and 
 under the management of the'departinent of education of tie 
 Territories ; 
 
SCHOOL ASSESSJIENT lOYl 
 
 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; 
 
 6. Any land in use as a public cemetery not exceeding 
 twenty-five acres; 
 
 7. The annual income of any person derived from any 
 source ; 
 
 S. Grain, hay, household effects of every kind, books and 
 ■wearing apparel ; 
 
 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- 
 AYest Irrigation Act 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. 1901, c. 30, s. 26. 
 
 ^T. As soon as may be in each year the assessor shall pre- Assessment 
 pare an assessment roll for the district in which shall be set'^"" 
 down according to the best information available a list of all 
 taxable property in the district with the names of the occu- 
 pants and owners if such can be procured and such roll may 
 be in form E in the appendix hereto. 1901, c. 30, s. 27. 
 
 38. A person owning or occupying property not liable to Right to 
 taxation may compel the assessor on written demand to assess ^''emption 
 him for -such property in order that he may thereby be '^™" taxation 
 qualified for voting or holding office. 1901, c. 30, s. 28. 
 
 39. Land and personal property shall be assessed to the occupant to 
 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. 
 
 (2) Taxes may be recovered by any of the manners herein Recovery of 
 authorised either from the owner or occupant. 1901, c. 30, ^"^"^ 
 s. 29. 
 
 30. Eeal and personal property shall be estimated at their Assessment 
 actr.al cash value as they would be appraised in payment of a "'^^ 
 just debt from a solvent debtor. 1901, c. •'!(), s. 30. 
 
10Y2 
 
 ScriOOL ASSESSMENT 
 
 Slock ill trade 
 
 31. In assessing 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 corpora- 
 tion during the twelve months immediately prior to the date 
 of assessment. 1901, c. 30, s. 31. 
 
 Assessor may 
 
 require 
 
 statement 
 
 Omission to 
 fnrnish 
 
 Penalty 
 
 33. Any person may be required by the assessor to deliver 
 to him a written statement of all property for which he is 
 liable to be assessed with such other information as to owner, 
 occupant, location and value or other necessary particulars as 
 may be demanded and if he fails to do so or knowingly makes 
 any false statement such person shall upon complaint of 
 the assessor forfeit and pay a fine not exceeding $50 to be 
 recovered upon summary conviction. 1901, c. 30, s. 32. 
 
 Completion of 
 roll 
 
 Verification 
 
 33. The assessment roll shall be completed by the first day 
 of April or so soon thereafter as may be in each j^ear 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 
 shall be prima facie evidence of the statements therein con- 
 tained. 1901, c. 30, s. 33. 
 
 Delivery of 34. The assessor shall thereupon deliver the assessment roll 
 
 roll to -*- 
 
 secretary to the Secretary of the board who shall file the same and 
 
 indorse thereon the date of such filing. 
 
 1901, c. 30, s. 34. 
 
 Assessment 
 roll open for 
 inspection 
 
 35. The secretary shall until the sitting of the court of 
 revision at all reasonable times keep the roll open to the 
 inspection of all persons resident or owning or in the posses- 
 sion of property within the district or the agents of such 
 persons appointed in writing and the overseer of the village 
 maj- have access to the assessment roll at all reasonable hours. 
 1901, c. 30, s. 35. 
 
 COUET OF EEVISION. 
 
 Fixing date of 36. Within ten days after the filing of the roll the board 
 
 court of 1 Ti • 11 111 
 
 revision 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 form F in the appendix 
 hereto. 
 
to 
 
 SCHOOL ASSESSiEENT 1073 
 
 (2) The court of revision shall be held not earlier than 
 forty days not later than lifty 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. 1901, c. 30 
 s. 36. 
 
 37. Within ten days after the time for holding the court of '^'°^'f "^ °* . 
 revision has been hxed 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. 1901, c. 30, s. 3Y. 
 
 38. Any person complaining of an error or omission in Appeal to 
 regard to himself as having been wrongfully inserted or™vision 
 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 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 Notice to be 
 days before the day fixed for the sitting of the court of^'^''" 
 revision. 1901, c. 30, s. 38. 
 
 39. If any ratepayer thinks that any person has been Complaint as 
 assessed too high or too low or has been wrongfully entered on of tiiirci party 
 or omitted from the roll or that any property of any person 
 
 has been misdescribed 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 secre- 
 tary 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. 1901, c. 30, s. 39. 
 
 40. At the time appointed unless there are no appeals the Coun of 
 
 . . . revision 
 
 board shall sit as a court of revision to consider all appeals 
 and complaints that have been received by its secretary in 
 accordance 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 Adjournment 
 bi:t no adjournment shall be for a longer period than one° *" 
 week. 
 
1074 SGirOOT. ASSESSMENT 
 
 Roll final (3) The roll as finally passed by the court and certified by 
 
 when passed ^ ^ c i 
 
 1,he secretary as passed shall except m 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. 
 
 itwho'^vSa (^) "^^^ 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. 1901, c. 
 SO, s. 40. 
 
 APPEAL FEOM COUET OF EEVISIOW. 
 
 Appeal to 41. jf any person is dissatisfied with the decision of the 
 
 judge or . 
 
 supreme court gfiiipt gf revision he may appeal therefrom to a judge of the 
 supreme court; in all cases of such appeals the proceedings 
 shall be as follows : 
 
 a^'^^ea*"' ^' '^^^ person appealing shall in person or by his agent 
 
 serve upon the secretary of the school district within eight 
 days after the decision of the court of revision a written 
 notice of his intention to appeal to a judge of the supreme 
 court in which shall be stated the grounds of appeal ; 
 
 for'ud'^e'"'*'^ 2.. I'he Secretary shall immediately after the time limited 
 for filing notice of appeals forward a list of all appeals filed to 
 the judge of the supreme 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; 
 
 Clerk of court 3. The Secretary of the district shall be the clerk of such 
 court ; 
 
 Notice of 4. The secretary shall thereupon give notice to all the 
 
 appeals parties appealing and appealed against in the same manner 
 
 as is provided for giving notice on a complaint to the court of 
 revision specifying the time and place when and where the 
 appeal will be heard but in the event of failure by the secre- 
 tary to have the required service of notice in any appeal made 
 or to have the same made in proper time the judge may direct 
 service to be made for some subsequent day upon which he 
 may sit; 
 
SCHOOL ASSESSIIKXT lOT.") 
 
 5. Th« secretary of the district shall canse a conspicuous ^^^'^^^'^^J"''^'-^ 
 notice to be posted up in his ofRce or the place where thopo^^'^d 
 board holds its sittings containing the names of the appellants 
 
 and parties appealed against with a brief statement of the 
 ground or cause of appeal together with the time and place 
 at which a coi.irt will be held to hear appeals ; 
 
 6. At the court so holden the judge shall hear and dt^^^'^r- bearing of 
 mine 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 Sep- determination 
 
 tember : ' 
 
 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 
 September upon proof that the assessment roll was not com- 
 plete 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 P™rtj;ction o.^ 
 determine the appeals hereinbefore provided for the person "> judge 
 having 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 roll shall be altered and amended if necessary accord- 
 ing to the decision of the judge who shall write his initials 
 opposite any part of the said roll in which any alteration or Correction 
 antendment is made unless the decision is not then given in 
 which case the secretary of the district shall when the decision 
 is given forthwith alter and amend the roll if necessary accord- 
 ing to the same and write his name opposite every such 
 alteration or amendment; 
 
 8. In all such proceedings the judge shall possess all thepowereof 
 poAvers 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 supreme court; 
 
 9. All process or other proceedings in, about or by way of mtituiing 
 appeal may be intituled as follows: 
 
 "In the matter of appeal from the court of revision of the 
 
 school district of 
 
 A.B. 
 
 Appellant, 
 
 and 
 
 O.D. 
 
 Respondent;" 
 
1076 
 
 SGJIOOL ASSESSMENT 
 
 Costs 
 
 Allowances 
 for costs 
 
 Judgment 
 final 
 
 liate to be 
 struck 
 
 Rate limit 
 
 Collector's 
 
 roll 
 
 (Contents 
 
 Rebate in 
 taxes 
 
 10. The costs of any proceeding before the judge as afore- 
 said shall be paid by or apportioned between the parties in 
 such manner as the judge thinks proper; and where costs are 
 oi'dered to be paid by any party the same shall be enforced by 
 execution to be issued as the judge may direct from the 
 supreme 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 supreme court for such costs ; and in case where execution 
 issues the like costs thereof as in the said court and of enforce- 
 ing 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. 1901, c. 30, 
 s. 41. 
 
 EATE OF TAXATION. 
 
 43. 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. 
 1901, c. 30, s. 42. 
 
 COLLECTION OF TAXES. 
 
 43. The board shall cause to be made out a collector's roll 
 for the district on which shall be set down the name of every 
 person assessed, the assessed value of his real and personal 
 property and the amount Avith which such person is charge- 
 able 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 ten per cent, upon all taxes paid within thirty days 
 after the same have become payable. 1901, c. 30, s. 43. 
 
SCHOOL ASSESSMENT 
 
 107 T 
 
 44. As soon as the treasurer or collector shall have I'oceived n°tJco*^°^^ 
 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 knoivn a notice in form 
 L in the appendix hereto. 
 
 (2) If the board appoints some person other than the 
 treasurer 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 Tlie School 
 Ordinance in the case of the treasurer. 1901, c. 30, s. 44. 
 
 45. The treasurer or collector as the case may be shall give Receipt/and 
 
 ' ' piirrv or 
 
 receipts on behalf of the district for all taxes paid to him and payment 
 shall enter the fact of such payment with the date on the 
 collector's roll. 
 
 (2) Payments made on account of taxes due upon any land Appropriation 
 shrll be first applied in payment of arrears of taxes due upon 
 sucli land. 1901, c. 30, s. 45. 
 
 46. The treasurer or collector shall notify the board from name'"'"'" ^° 
 time to time of the names of persons who fail to pay the taxes bolrd ''''^^ '° 
 assessed against them and the board may take or authorise to 
 
 be taken such action for the collection of such taxes as jg Action thereon 
 hereinafter provided. 1901, c. 30, s. 46. 
 
 47. In case any person fails to pay the taxes assessed L?^'y ^^ 
 against him within the thirty days specified in the notice 
 provided by section 44 of this Ordinance the treasurer or 
 crllector may by himself or his agent levy the same Avith costs 
 
 by distress of the goods and chattels of the person against 
 wliom 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 Custs 
 the schedule to chapter 34 of The Consolidated Ordinances 
 :S98. 1901, c. 30, s. 4T. 
 
 48. The treasurer shall by advertisement posted up in at Saie of 
 least three public places in the school district and also by properly 
 publishing 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 Avhose taxes the property is to be sold and at the time named 
 in the notice the treasurer or collector or his agent shall sell at Procedure 
 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. 1901, c. 30, 
 s. 48. 
 
1078 
 
 scjiooi. asse,ss:\iji;nt 
 
 3iirni°us''°° °' ^^' I^ the property distrained has been sold for more than 
 the amount of taxes and costs and if no claim to the surplus is 
 miide 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 surplus 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. 1901, c. 30, s. 49. 
 
 Recovery of 
 
 taxes as a 
 debt 
 
 Evidence 
 
 50. The taxes may be recovered by suit as a debt due to 
 the district in which case the production of the collector's roll 
 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. 1901, c. 
 30, s. 50. 
 
 AREEAKS OF TAXES. 
 
 Return of roll 51. The treasurer or collector as the case may be shall on 
 or before the first day of December in each year return the 
 
 Account collector's roll to the secretary of the board with an account of 
 all moneys received by him accompanied by an affidavit made" 
 
 Verification before a justice of the peace or other person authorised to take 
 aifidavits that the collection and other proceedings have been 
 taken in accordance with the terms' of this Oi'dinance and that 
 
 all the returns contained therein 
 s. 51. 
 
 are correct. 1901, c. 30, 
 
 Return of 
 arrears 
 
 Copy to be 
 flled 
 
 Inspection 
 
 52. The treasurer or collector as the case may be shall at 
 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 secre- 
 tary of the district and shall be open to inspection of the 
 ratepayers of the district or their agents. 1901, c. 30, s. 52. 
 
 Taxes special 
 lien 
 
 Priority 
 
 53. The taxes accrued on any land or property or in 
 respect of the ownership or occupancy of any land or property 
 shall be a special lien upon such land or property having 
 preference over any claim, lien, privilege or incumbrance of 
 
SCHOOL ASSESS.MEA'T 1079 
 
 any party cxcc'])t claims of the eruwn and Icical iiiipi'o\'einent, ^"terest 
 irrigation district or village taxes and shall bear interest at 
 the rate of six per cent, per annum from the time of the 
 return of the collector's roll to the secretary. 1901, e. 30, 
 s. 53. 
 
 54. Such accrued taxes shall be entered upon the collector's CoUeoUon of 
 
 i arrears 
 
 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 
 enforcement of the payment of taxes. 1901, c. 30, s. 54. 
 
 55. Whenever the treasurer or collector is satisfied or is DieU-ess for 
 
 arrears 
 
 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. 1901, c. 30, s. 55. 
 
 SALE OF LAND FOE TAXES. 
 
 56. Whenever any portion of the taxes on any land tas Ljst^^o^f ^ands 
 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 against each lot set opposite to the same and the 
 
 treasurer shall authfenticate 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 Wj'J^fJ'.t^t'' 
 
 the hand of the chairman and the seal of the board command- to «eii 
 
 ing him to levy upon the land for the arrears due thereon 
 
 with costs and 'the said treasurer is hereby authorised to sell 
 
 the same. 1901, c. 30, s. 56. 
 
 57. The said treasurer shall not sell any lands which have 0"Jy,«^„'g^ 
 not been included in the list furnished him as aforesaid, -id 
 1901, c. 30, s. 57. 
 
 58. The treasurer shall prepare a copy of the list of lands Publication of 
 to be sold as authorised by this Ordinance and shall include 
 
 llierein in a separate column a statement of the proportion of 
 cost chargeable on each parcel for advertising and the sum of 
 twenty-five cents for each parcel advertised for ^ale and shai -„te 
 cause the said list to be published at least once a week for four 
 
1080 SOinOOL ASSESSMENT 
 
 consecutive weeks in at least one newspaper published in the 
 Echcol district or if there is no newspaper published therein in 
 the newspaper published nearest to the school district, 
 slue'to be''*'' (2) The treasurer shall also cause to be published in The 
 che^'gazefti" Nortli-West Territories 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 a notice in 
 form X in the appendix hereto. 1901, c. 30, s. 58. 
 
 Advertise' 
 ment 
 
 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 lands for taxes on the 
 Da^tej^nd place Jay and at the place mentioned in the advertisement. 1901, 
 c. 30, s. 59. 
 
 Hour of sale (JO, Every STich notice shall specify the place, day and hour 
 at which the sale shall commence and each lot or parcel of 
 
 ^nlis''''''"" °' ^^'^^ shall be designated therein by a reasonable description 
 for registration purposes. 1901, c. 30, s. 60. 
 
 saieaVe to be ^1. All the lots or parcels liable for sale in the school dis- 
 inoiu e ^^.|^^ 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 
 Omissions prevent the sale of such omitted land on any future occasion 
 
 for all arrears of taxes that may be due thereon. 1901, c. 30, 
 
 s. 61. . 
 
 ?fsV?e"^ ^^^''^ ^^* '^'^^ *^^y °^ ^^^^ sh2i\\ 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 
 shall by 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. 1901, c. 30, s. 62. 
 
 Adjournment 63. If at any time api^ointed for the sale of lands no bid- 
 ders appear the treasurer may adjourn the sale from time to 
 time : 
 
 Provided always that no such adjournment shall be for a 
 
 ]!eriod exceeding fifteen days. 1901, c. 30, s. 63. 
 
 Tt'sail*'''^' 64. At the place, day and hour appointed for the sale of 
 lands if the taxes thereon including costs and charges have not 
 previously been paid the treasurer shall offer the lands for salle 
 by public auction and in so doing shall make and declare the 
 amounts stated in the lists as the taxes due with the charges 
 
SCHOOL ASSKSS:SIE.\T lOSl 
 
 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 
 ladder or to such person as may be willing to take it at the 
 upset price there being no higher bidder but subject to redemp- Upset price 
 tion as hereinaftt-r provided for. 1901, c. 30, s. G4. 
 
 65. If no bidder appears for any land for the full amount saie to board 
 of arrears of taxes, costs and charges the treasurer shall there " "° ''*'''^^™ 
 and then sell the same to the board at the upset price. 1901, 
 
 c. 30, s. 65. 
 
 66. If the laud sells for a greater sum than the taxes due where land 
 together Avith all charges thereon the purchaser shall only be thil/ammmt 
 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- 
 tion of said land shall have expired without the same having payment of 
 been redeemed within the time limited and if the said balance S'o'ney^^ 
 of purchase money shall not be so jjaid 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 Default by 
 conveyance thereof as well as the amount paid at the time of 
 sale and such land shall thei-eupon cease to be affected by said 
 sale. 1901, c.-SO, s. 66. 
 
 67. If the purchaser of any parcel of land fails immediate- Purchaser 
 ly to pay the treasurer on account of said, purchase the amount price 
 claimed for arrears of taxes and charges the treasurer shall 
 forthwith again put up the property for sale. 1901, c. 30, 
 
 s. 67. 
 
 68. The treasurer after selling any land for taxes shall xre^isurer to 
 give to the purchaser a certificate describing the land as adver- fertmcate 
 tised 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 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. 1901, c. 30, s. 68. 
 
 69. The purchaser shall on receipt of the treasurer's cerG- Rights of 
 ficate of sale become the owner of the land so far as to have p"™*"*"^"^ 
 all the necessary rights and powers for protecting the same 
 
 from spoliation or waste until the lands may be redeemed. 
 1901, c. 30, s. 69. 
 
3082 
 
 SCHOOL ASSESSMENT 
 
 lands sold' °' ^^' ^ 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 
 
 Inspection of at ^ny time during office hours for a fee of ten cents for each 
 lot of which inspection is desired. 1901, c. 30, s. 70. 
 
 EEDEMPTIOH' OF LANDS SOLD. 
 
 Redemption 
 of lands sold 
 
 Tl. 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 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 ihe 
 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. 
 1901, c. 30, s. 71. 
 
 Sale to be as 
 on date 
 advertised 
 
 On 
 
 redemption 
 purchaser's 
 rights cease 
 
 73. For the purpose of this Ordinance the day of sale shall 
 be the day on which the sale was advertised to take place 
 without reference to any adjournment or adjoiirnments and 
 all certificates shall be dated as of that day. 1901, c. 30, s. 72. 
 
 73. From the time of payment to the treasurer of the full 
 amount of redemption money required by this Ordinance all 
 
 rights and interests of the purchaser shall cease. 1901, c. 30, 
 s. 73. 
 
 Person not 
 specially 
 authorised 
 redeeming 
 
 74. Whenever such redemption is effected by a person not 
 specially authorised the treasurer shall mention in the receipt 
 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 
 
SCHOOL ASSESSMENT 1083 
 
 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 
 transmitted to the secretary Ly the treasTirer. 1901, e. 30, 
 s. 74. 
 
 75. The treasurer shall also immediately after the redemp- On 
 
 i-' £ 1 1 • ,.1 . 1 1 , redemption 
 
 tion o± any land give notice by registered letter to the party notice to 
 appearing by his books to be the purchaser of the same appris- ■""■"'''''*'■ 
 ing him of the fact of such redemption and the amount of 
 money paid in for such purpose. 1901, c. 30, s. 75. 
 
 TEANSFEE IjS^ CASE OF KONEEDEMPTIOW. 
 
 76. If the land be not redeemed within the period allowed Lan<i "o* 
 by this Ordinance then on demand of the purchaser, his heirs "^^ ^"^"^ 
 •or assigns or other legal representatives at any time within 
 
 one month 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 Transfer 
 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 efPect : 
 
 Provided that any land sold to the school board under the P''°''''^° 
 provisions of this Ordinance as hereinbefore provided shall be 
 transferred to the board immediately on the expiration of the J'™°|*®'' '° 
 time allowed for redemption without charge. 1901, c. -^O, 
 s. 76. 
 
 77. Such transfer shall upon confirmation of the sale by a Transfer 
 judge of the supreme court vest in the purchaser all rights of land from 
 property which the original holder had therein and shall also 
 purge and release such land from all payments, charges, liens, 
 mortgages and incumbrances of whatever nature and kind 
 
 other than existing liens of the pcIiodI 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 notwith- 
 standing any informality or defect in or preceding such sale 
 be valid and binding to all intents and purposes except as 
 against the crown. 1901, c. 3(), s. 77. 
 
 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. 1901, c. 30, 
 s. 78. 
 
1084 SCHOOL ASSESSMENT 
 
 ILLEGAL SALES. LIABILITY OF BOAED. 
 
 fi^^foiboard 79. jj^ j^^ gg^gg gjj^u |-j,g ^joarcl of any district be liable for 
 limited damages or costs in any suit broTxght 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 
 01 money actually received with legal interest. 1901, c. 30, 
 s. 79. 
 
 When title in gQ^ y^-^^^ ^j^^ ^j^^^ ^^ ^^^ ^^^^ g^l^ f^j 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 recognise 
 or admit that any person possesses under any colour or right 
 whatever. 1901, c. 30, s. 80. 
 
 Tax sale fund 
 
 TAX SALES FUND. 
 
 81. The treasurer shall keep a separate account in a char- 
 tered 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 giving the particulars respecting such fund and whenever any 
 balances 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 
 claim or order for payment having been served on him as here- 
 inafter provided any right to such portion or sum so remaining 
 unclaimed shall be forfeited and thereafter it shall be the 
 absolute property of the board and the said board shall forever 
 b(j discharged from any claim on account thereof. 1901, c. 
 30, s. 81. 
 
 Sre™und''^^ 83. Any person claiming to have been interested in any 
 parcel of land sold for taxes and transferred as aforesaid which 
 shall have realised more than the amount due for taxes and 
 charges shall be entitled to claim and receive the said overplus 
 or sum or 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 
 
SCHOOL ASSKSSSIKNT 1085 
 
 producing and leaving with the treasurer within six months 
 
 from the date of service of such notice of claim an order signed 
 
 by a judge of the supreme court of the Territories -reciting 
 
 that it had been proved to the satisfaction of the said judge ivocedure in 
 
 that the claimant was at the time of sale interested in the, said p™°* °"'''''" 
 
 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 judge's order 
 
 part of the said tax sales fund shall be kept by the treasurer and ^'"' p'^''""'"* 
 
 shall be the warrant and authority for making such payment. 
 
 1901, c. 30, s. 82. 
 
 83. In seeking to obtain a judge's order any claimant upon Petition to 
 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 xmder 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- payment into 
 
 stantiate his claim in any other manner and the judge may in ' 
 
 his discretion order said money to be paid over to the clevk 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 served 
 
 upon the treasurer. 1901, c. '!<>, .s. 83. 
 
 84. The same fees shall be paid upon any application made pees 
 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. 1901, c. 30, 
 
 s. 84. 
 
 85. In any case where the judge deems it advisable to order coste of school 
 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 
 claimant in case the claimant fails. 1901, c. 30, s. 85. 
 
 86. The fact of claiming any surplus held to the credit of ciaim to 
 any lots sold for taxes in the said tax sales fund shall be con-l^rfmus" 
 sidered an admission of the validity of the sale of the lot in ^/e'''''' °' 
 question by the claimant and the said claimant and' all claiming 
 
 court 
 
iC86 SCHOOL ASSESSMENT 
 
 by, through or under him shall from and after the time of 
 making such claim be debarred from taking any proceeding to 
 questioij or set aside such sale notwithstanding that the said 
 claim shall have been made within the time otherwise limited 
 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. 1901, c. 30, s. 86. 
 
 questioned ^'^' Within ten days after the commencement of any suit or 
 
 subject to proceeding to set aside or qiiestion a sale for arrears of taxes 
 court"' t^6 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 
 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 
 Disposition by representatives and in case the plaintiif fails in such action 
 or proceeding to set aside such sale but proves to the satisfac- 
 tion 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 money 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. 1901, c. 30, s. 87. 
 
 ASSESSMENT AND TAXATION IN TOWN DISTEIOTS. 
 
 88. The following sections numbers 89 and 90 shall apply 
 to town 'districts only. 1901, c. 30, s. 88. 
 
 there^'dStriot ^^* Where a district is situated within a municipality the 
 municipality trustees 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 reqiiired 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 
 debenture indebtedness that may have been incurred and may 
 be coming due. 
 
 (2) For the purposes of this section any portion of a town 
 district which is not within the limits of a mimicipality shall 
 be deemed to be within the limits of the municipaliry and the 
 
SCHOOL ASSESSMENT 1087 
 
 provisions of The Municipal Ordinance or of any special 
 Ordinance creating such nmnicipalitv and any amendments 
 thereto shall apply to such portion as if the same formed a 
 part of the municipality. 
 
 ^(3) In the event of a town district being situate partly PovUou ot 
 within a town municipality and partly within a rural munici- oursidl'to"bo 
 pality for the purposes of this section the portion within jJAe with!n%wn 
 rural municipality shall he deemed to he within the ioiyn ""'"'"'"""'^ 
 municipality. 1901, c. 30, s. 89, and 1903, Sess. 1, c. 21, 
 
 90. Subject to the provisions of this Ordinance and of The Property 
 School Ordinance the property liable to assessment and taxa- '-i^sessment 
 tion for school purposes shall be the property liable to assess- 
 ment and taxation for municipal purposes. 1901, c. 30, s. 90. 
 
 VILLAGE AND TOWN DISTRICTS. 
 
 91. The following sections numbers 92 and 93 shall apply 
 to village and town districts only. 1901, c. 30, s. 91. 
 
 93. In cases where separate school districts have been estab- Separate 
 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 in Assessment of 
 
 ■*■ , , . . . f joint owners 
 
 proportion to their interest m the property in the district to 
 which they respectively are ratepayers. 1901, c. 30, s. 92. 
 
 93. A company may by notice in that behalf to be given to fclfoof district 
 the secretary treasurer of any municipality wherein a separate be™ss*e's8e™^'' 
 school district is either wholly or in part situated and to the '^^ 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 separate 
 school supporter in the assessment roll in respect of the pro- 
 perty 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 pur- 
 poses of the separate school and not for public school purposes 
 but all other property of the company shall be separately 
 entered and assessed in the name of the company as for public 
 school purposes : 
 
1088 SCHOOL ASSESSMENT 
 
 proportion ^ot Pi'ovidecl ah\ays that the share or portion of the property of 
 disirlct'^^''* '" ^^^y 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 propor- 
 tion to the wiole property of the company assessable within 
 the municipality or school district as the amount or proportion ^ 
 i)f 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 
 ])rotestants and rouian catholics as the ease may be bears to the 
 whole amount of such paid or partly paid up shares or stock 
 of the company. 
 
 TOn'unu'ing^ (2) Any such noticc given in pursuant of a resolution in 
 that behalf of the directors of the company shall for all pur- 
 poses 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. 
 
 iispeciioJf " '° ('3) Every such notice so given to such secretary treasurer 
 shall remain with and be kept by him on file in his ofEce and 
 shall at all convenient hours be open to inspection and exam- 
 ination by any person entitled to examine or inspect the 
 
 t^^t^f^l^° assessment roll and the assessor shall in each vear before the 
 completion and return of the assessment roll search for and 
 examine all notices which may be on file in the clerk's office 
 aud shall thereupon in respect of said notices if any follow 
 and conform thereto and to the provisions of this Ordinance in 
 that behalf. 
 
 notiJe"'^"' (4r) 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 
 
 Penalty 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. 1901, c. 
 30, s. 93. 
 
 MIS CELL ANEOTJS . 
 
 fchoTdlstriet ^^- ^^ c^ses where separate school districts have been 
 established where land is owned l)y a prbtestant and occupied 
 
 ^wD''cr"™''"'^y a roman catholic ov .vice versa such land shall be assessed 
 to the owner. 1901, c. 30, s. 94. 
 
 Sayd'Sr'' ^^' '^^^ commissioner of education may by order notice of 
 village' or which shall be published in the ofRcial gazette declare that for 
 town -district ^jjg purposcs of this Ordinance and any assessment and taxa- 
 
SCHOOL ASSESSMENT 1089 
 
 tlon thereunder any district shall be deemed to be a village or 
 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. 
 1901, c. 30, s. 95 and 1903, Sess. 1, c. 21, s. 7. 
 
 96. In the case of any district situated wholly or partly ^5^^^^';?^"^^"^^ 
 within the limits of any municipality which under the provi- ^o.'^"^^'' "I'^y 
 sions of this or any other Ordinance becomes or is declared to jcco'ints 
 
 -, 1 .-.-t ■ between 
 
 be a rural or village district the Lieutenant Governor in Coun- m'lnioipaiity 
 
 Y , ^'^^ fural or 
 
 cil may make such orders, provisions and appointments as to village school 
 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. 
 1901, c. 30, s. 96. 
 
 EXECUTIONS AGAINST SCHOOL DISTRICTS. 
 
 97. Any writ of execution against the board of any district Execution 
 may be indorsed with a direction to the sheriff to levy the 
 amount thereof by rate ; and the proceedings thereon shall be Direction to 
 
 . J } r G sheriff 
 
 the following: 
 
 1. The sheriff shall deliver a copy of the writ and indorse- ^taten^^t for^ 
 ment to the treasurer or leave such copy at the office or dwel- t™aaiirer 
 ling house of such officer with a statement in writing of the 
 sheriff's fees and of the amount required to satisfy such execu- 
 tion 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 '"Jonpayment 
 
 ., .-i^.^..-,. one month, 
 
 mentioned m the statement be not paid to the sherift withm sheriff to 
 
 ■ 1 1 •«• 1 n • J.1 strike cxecu- 
 
 one month after the service the sheriit snail examine tne assess- tion rate 
 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 due 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 ^lia Sheriff s^^ 
 hand and seal of office directed to the said treasurer and shall treasurer 
 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 required in respect to the general school rates ; 
 
1090 
 
 SCHOOL ASSESSMENT 
 
 Column in 
 tax roll 
 
 Levy of rate 
 
 Return of 
 precept 
 
 Surplus 
 
 Treasurer 
 offlcer of court 
 
 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 respectivelj^ and shall levy the amount of such 
 execution rate as aforesaid; and such treasurer so soon as the 
 amomit of such execution or executions is collected 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; 
 
 6. The treasurer shall for all purposes connected with 
 carrying into effect or pcniiittiuf;- 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, man- 
 damus or otherwise in order to compel him to perform the 
 duties hereby imposed upon him. 1901, c. 30, s. 97. 
 
 "Treasurer" 98. In tlic foregoing section the word "treasurer" shall 
 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. 1901, c. 30, s. 98. 
 
 Absence of 
 treasurer or 
 refusal to act 
 
 Sheriffs 
 powers 
 
 99. In case of the absence of the treasurer of any village or 
 rural district and the refusal or neglect of the board to appoint 
 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 court may be invested Avith full power and 
 authority to assess, levy, collect and enforce payment in the 
 same manner as assessors, collectors and treasurers are author- 
 ised to do by this Ordinance 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 
 
SCHOOL ASSESSMENT 1091 
 
 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. 1901, e. 30, s. 99. 
 
 rOEMS. 
 
 100. 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 suificient. 1901, e. 30, s. 100. 
 
 101. This Ordinance shall come into effect on the first day ^e™™®""®" 
 of January, 1902. 1901, c. 30, 8. 101. 
 
1092 
 
 SCHOOL ASSESSMENT 
 
 «0 
 
 
 S 
 
 
 
 
 o 
 
 o 
 
 
 o 
 
 f-l 
 
 H 
 
 
 
 
 O 
 
 
 
 
 (1) 
 
 
 
 . 
 
 ^ 
 
 
 
 hJ 
 
 
 
 
 1-1 
 
 =+-( 
 
 
 
 o 
 
 ri 
 
 
 
 M 
 
 
 , 
 
 
 M 
 
 
 M 
 
 
 ^ 
 
 
 1— 1 
 
 <^ 
 
 H 
 
 
 fen 
 
 ^ 
 
 P 
 
 
 H 
 
 M 
 
 << 
 
 
 CM 
 
 O 
 
 H 
 
 
 
 f^ 
 
 t5 
 
 ^ 
 
 
 
 
 
 
 
 
 -t-^ 
 
 
 
 cc 
 
 CJ 
 
 
 
 CO 
 
 
 
 
 W 
 
 
 <1 Q 
 
 o 
 o 
 
 CO 
 
 
 
 O 
 
 
 J3jnS«3Ji 
 
 
 
 
 s? 
 
 
 
 s 
 
 061 JO ■il'P 
 
 
 
 9qi (To pajBod 
 
 
 2:^ 
 
 bT!A4. XIOJ XTJJ Biqx 
 
 
 ijU)9J09g 
 
 
 H 
 
 ■061 
 
 
 <1 
 
 JO &vp 
 
 
 9q') UO p9jsod S-BM 
 
 
 
 noj qu9rasfe'9ssi3 tJiqj 
 
 
 
 O CD 
 
 23 
 
 
 
 
 
 
 
 Eh 
 
 ce >> 
 
 
 
 
 
 
 
 O 
 FH 
 
 C^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 >. 
 
 S 
 
 o 
 
 S 
 'I 
 
 
 
 
 
 
 
 (p9[!i!ai 
 
 
 
 
 
 
 oDT^on qoBO .la^jis „ 
 
 
 
 
 
 
 U9^^UM sq OJ,) ^ 
 
 
 
 
 
 
 
 RlnniiiT s.jajnsuajx 
 
 
 
 
 
 
 90HOU XUJ „ 
 
 
 
 
 
 
 !^ 
 
 Suiireiu JO 95*0 " 
 
 
 
 
 
 
 E- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 9np 
 
 
 
 
 
 
 1 1 
 
 
 
 
 
 
 m 1 1 
 
 
 
 
 3061 'X 
 ■ uTjj[' inojj 9np ci 
 
 ^ 1 1 
 
 
 
 « .III 
 
 
 sgx'e; JO sjB9jav 
 
 juai ju9.ijno JO J 
 S9xd; jo ^unoniy =o 
 
 o 
 
 LI 1 
 
 - \ 1 T 1 
 
 
 
 9JJD 9m uo 
 
 ° 1 1 1 1 
 
 
 uoijBxujjo g^jvH *~ 
 
 
 (P9[!11UI 
 
 
 
 
 . 
 
 
 90!J0U qOU9 J9JJTJ 
 
 
 
 
 
 
 
 U9JJI.IAV aq oj,) == 
 
 
 
 
 
 
 
 SfBCJIll; 8 ijl3^9J09H 
 
 
 
 90iqo« 5U9UIHS9SS-'H 
 
 
 — - 
 
 
 
 
 
 
 
 
 aui[i«ai JO 9XBIX " 
 
 
 
 
 
 
 p9WS9Sa13 
 
 
 
 
 
 
 
 S9J0EJ0 j_8qmnN "* 
 
 
 
 
 
 
 
 tion of 
 
 erty 
 
 ection, 
 hip, 
 r num- 
 
 lots. 
 B ease 
 
 be) 
 
 
 
 
 
 
 E-i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Q » g "» 
 
 
 
 
 
 
 »; 
 
 1 
 
 
 CO 
 CO 
 
 li 
 
 
 
 H 
 
 ° " 
 
 
 
 m 
 
 „T3 "■' 
 
 
 
 
 CO 
 
 |1 
 
 
 
 
 t, O C "- c 
 
 
 
 1 
 
 
 
 OJ c8 td !^ 
 
 
 
 
 
 
 (» ^ qS 
 
 
 
 
 
 
 ti«l 
 
 U 
 
 c 
 eg 
 
 
 
 
 
 E 1 O. 
 
 1 
 
 1 
 
 
 
 « -" s~ 
 
 ''■(*) 
 
 
 
 
 Nam 
 
 (En 
 wner 
 any 
 nkno 
 nown 
 
 
 
 
 
 
 bas^M 
 
 
 
 
 
 no. 
 
 uo -OK 
 
 - 
 
 "TJ tr- 
 
 i;S| 
 
 to o 1=1 
 
 s 2 •;; 
 ^^ ^ 
 
 o •" !>> 
 ^ o u 
 » . c3 
 
 IC O, (£ 
 53 O ^ 
 00 o O 
 -^ ^ CD 
 
 
 o "-I 
 
 a Pi 
 
 ,« ■a o 
 cs o 
 
 d p 5ii 
 
 •^ rf CO -^ 
 
 _, > ■ , J- 
 
 'O ITS S 05 
 
 O .-I 
 
 ^ 
 
 3 (M t3 
 
 (u g i; 
 
 o 2 m 
 
 « 
 
 ^ 
 
 Co ,-H 
 
 CO " 
 
 a 
 
 OJ • o 
 
 tn ^ TJ 
 
 o3 _, 0) 
 
 ? S fS 
 
 „ CO 43 
 
 m O a) 
 
 ^ cS 
 
 
 5 ^'-2 
 
 ..-I -1-1 
 
 CD " 
 
 o 
 : ""^ 
 
 d £ "^ 
 
 S » 
 
 CO ,-H > . 
 
 go) 
 o <D g 
 
 g M 
 •'-' o o 
 
 d)-^ ft 
 
 1 o^ 
 
 H !- tj 
 
 13 B 
 
 s»a 
 
 CD t, 
 
 rd ., .73 
 
 5* 9 2 
 
 O (j3 S 
 
 00 aj ' 
 
SCHOOL ASSESSMENT 1093 
 
 FORM B. 
 
 For Bural Districts. 
 [Section 10, (;8)]. 
 
 Assessment Notice. 
 
 of 
 
 The School District Xo. of the N.W.T. 
 
 To 
 
 P.O. 
 
 You are hereby notified that your name appears on 
 the assesment roll of the above named school district for the 
 year 190 as the owner (o?' 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. 1901, c. 30. 
 
 FORM C. 
 
 For Ratepayers in 
 Bural Districts. 
 {Section 11.) 
 
 Xotice of Appeae. 
 
 To 
 
 Justice of the Peace. 
 
 You are hereby notified that I appeal from my assess- 
 ment in the ««bool District No. 
 
1094 SCHOOL ASSESSMENT 
 
 X of the JST.W.T. 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 deliv- 
 ered to the justice of the peace if the notice is handed to him. 
 1901, c. 30. 
 
 FOEM D. 
 
 For Rural Districts. 
 [Section H (8).] 
 
 Tax JSTotice 
 
 of 
 
 The School District No. of the IST.W.T. 
 
 To 
 
 P.O. 
 
 You are hereby notified that you are assessed on the 
 ussessment roll of the above named school district for the year 
 190 for acres of land the tax'es 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. 
 
 Treasurer 
 
 (or Secretary Treasurer). 
 
 Dated at 
 
 this day of 
 
 190 
 
w 
 
 p i 
 
 o 
 
 CQ 
 
 o 
 
 
 SCHOOL 
 
 ASSESSJIEA'T 
 
 
 
 
 
 s ® 
 
 
 
 
 
 
 S o 
 
 
 
 
 
 
 
 
 
 m t3"*= 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 to i2 
 
 oi : 
 
 Oi 
 
 
 
 
 
 
 
 S i=i 
 
 
 T-l 
 
 0) 
 
 
 
 
 
 
 OJ o 
 
 5 1 - 
 
 '^'^ : 
 
 O CO 
 
 •-s '■ 
 
 g-s : 
 o ts 
 
 at 
 
 si 
 
 
 
 
 
 
 nd 
 
 
 
 
 
 
 d -cl 
 
 o « 
 
 +3 
 
 0<jO 
 
 
 
 
 
 
 -3 +-■ 
 
 00 ; 
 
 o 
 
 iri 
 
 
 
 
 
 
 
 B.'" g : 
 
 4h 
 
 
 
 
 
 
 0) ^ 
 
 . 00 
 
 
 -t: * 
 
 
 
 
 
 
 m -*-* 
 
 ►^^ : 
 
 •rH 
 
 |S 
 
 
 
 
 
 
 
 -^ a : 
 
 o • 
 M 
 
 B 
 
 •1— H 
 
 1 1>. 
 
 7" 
 
 
 
 
 
 ^. 
 
 
 
 
 EH 
 
 
 
 
 
 
 3 g oi o 
 S O MIS' 
 
 U "IS p 
 
 1 ; 
 
 -to 
 
 €@= 
 
 
 
 
 
 o 
 
 a> ■ 
 
 5- : 
 
 ^ 
 a 
 
 ^if 
 
 O 
 
 
 
 
 
 
 
 o o 
 
 • 
 
 ?H 
 
 o 
 
 
 
 
 
 
 f >- f1 
 
 
 <D 
 
 f£e 
 
 
 
 
 
 S ° 5 
 
 02 ra " 
 
 bo : 
 
 .9 
 
 jd 
 
 
 
 
 1 
 
 ^ SIS 
 
 o 
 
 <a - 
 
 +3 
 O 
 
 
 
 
 
 
 
 
 „ o & « a 
 
 S«^ ° . o 
 
 
 
 
 
 
 -ri o ^ il 
 
 ■o 
 5 
 
 
 ■t1 sS5-" 
 
 
 
 
 
 
 el 
 o 
 
 
 
 
 
 
 
 
 u 
 at 
 
 
 
 
 
 
 
 -g " s 
 
 -, o 
 
 
 
 ■J 
 
 
 
 
 
 d 
 
 «'• 
 
 
 
 
 
 O 
 
 1 '^f^ 
 
 
 
 1—1'-^+-' 
 ■73 O P ^ 
 
 CD o !- g 
 
 Q 
 
 
 
 
 
 
 
 3 
 
 ; K- 
 
 V? 
 
 
 
 
 
 
 ,13 
 m 
 
 
 
 
 
 
 
 
 ■O ti) 
 
 OS 
 
 ( — 1 
 
 ^ c^ a,- 
 
 
 
 
 
 
 0" 
 
 o 
 
 o 
 
 5 p. r-S 
 
 
 
 
 
 
 o 
 m o 
 
 
 to <B bD - 
 
 
 
 
 
 
 .rH CO ri O 
 
 Tn s s g a 
 
 
 1 
 
 
 
 
 
 
 0) 
 
 o 
 
 
 
 
 
 
 
 .a CO ^ 'd 2 
 
 4J 
 
 ft 
 
 
 o<^ 
 
 
 
 
 
 
 fe t» m OJ o 
 P- CO ffi id =M 
 
 
 
 &< 
 
 
 
 
 
 
 'S tn 
 
 
 
 
 
 
 
 
 O ^_^ rrt .S tU 
 
 O .in 
 
 
 
 
 
 
 
 C "l O iH 
 
 f A 
 
 
 03 t>jS 
 
 
 
 "IT 
 
 ^ 
 
 
 
 <u +3 _j o o 
 
 H ^ ,g 
 
 
 o 
 
 (» 
 
 5 
 
 
 
 
 ,^ 
 
 ^-, 
 
 <+H 
 
 tH 5 ^ P 
 
 O 
 
 o 
 
 O 
 
 
 
 
 T 
 
 cq 
 
 O 
 
 2 s § c r 
 
 
 
 1 
 1 
 1 
 
 1 
 
 
 Ed 
 
 
 
 iSl-H o 
 
 
 
 
 
 
 
 Ifoa uo ■o^f 
 
 ' 
 
 - 
 
 
 N 
 
 1 
 
 
 1095 
 
1096 SCHOOL ASSESSMENT 
 
 FORM r. 
 
 For Village Districts. 
 {Section 36.) 
 
 ISTOTICE OF SITTING OF CoUET OF REVISION 
 
 Notice is hereby given that the assessment roll for The 
 S.D. ISTo. of the l^.W.T., has been completed 
 
 and the same may be examined at 
 
 and the board of trustees of 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 an., 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. 
 1901, c. 30. 
 
 FORM G. 
 
 For Village Districts. 
 (Section 37.) 
 
 Assessment ISTotice 
 of 
 
 The School District No. of the jST.W.T. 
 
 To 
 
 P.O. 
 
 You are hereby notified that your name appears on 
 the assessment roll of the above named school district for the 
 year 19 as the owner (or occupant) of the following pro- 
 perty (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 revi- 
 sion is to he held) and if you consider that you 
 have been wrongly assessed as above stated you will have an 
 
SCHOOL ASSESSMENT 
 
 1097 
 
 opportunity to make a statement of your case before the said 
 court. 
 
 Take notice tliat if you do not give notice in writing 
 of appeal to the secretary of the hoard 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. 
 
 Dated at 
 
 this 
 
 day of 
 190 
 
 Secretary. 
 1901, c. 30. 
 
 For Ratepayers in 
 YUla-ge Districts. 
 (Section 38.) 
 
 To. 
 
 FOEM H. 
 
 XoTicE OF Appeal 
 
 Secretary of 
 
 School District. 
 
 .P.O. 
 
 Yon are hereby notified that I object to my assessment in 
 The School District No. of the N.W.T., 
 
 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 
 
 1901, c. 30, 
 
 FORM I. 
 
 For .Village Districts. 
 
 (Section 39.) 
 
 XoTicE TO Party whose Assessment is appealed Against. 
 
 To. 
 
 .P.O. 
 
1098 SCHOOL ASSESSMENT 
 
 Take notice that you are required to attend the court of 
 revision for The S.D. No. of the X.W. T. 
 
 to be held (give day, hour and 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. 
 1901, c. 30. 
 
 FORM J. 
 
 For Ratepayers in 
 Village Districts. 
 (Section ^1.) 
 
 JSToTiCE OF Appeal. 
 
 From decision of court of revision. 
 
 To 
 
 SefTctary School District. 
 
 Yoa 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'N.W.T. 
 
 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 . 1901, c. 30. 
 
SCHOOL ASSESSMENT 
 
 1099 
 
 
 Kl 
 
 
 h^l 
 
 
 o 
 
 w 
 
 M 
 
 
 02 
 
 § 
 
 ■'M 
 
 tf 
 
 o 
 
 o 
 
 o 
 
 fe 
 
 H 
 
 o 
 
 OS 
 
 0) 
 
 >> 
 CD 
 
 ^< 
 
 o 
 E-i 
 
 o 
 
 o 
 
 O 
 O 
 
 Q 
 
 ■pa 
 *- , — , 
 
 01 
 
 o 
 
 1 
 
 •s 
 
 o 
 
 -2 
 (3 
 
 
 ■p 
 
 o 
 
 1 
 
 
 B9- 
 
 ^Treasurer's Initials 
 
 (To be written after 
 .«ach notice mailed.) 
 
 
 Date ol 
 Mailing 8 ' 
 Tax Notice 
 
 
 CD 
 
 Is 
 
 
 C0C\ 
 
 
 Amount of 
 
 Taxes for 
 
 Current 
 
 Year 
 
 
 
 g 
 
 Assessed 
 Value of 
 Real and 
 Personal 
 Property 
 
 
 ee- 
 
 
 
 Name of Ratepayer 
 
 (As shown on As- 
 sessment Roll. If 
 owner is unknown 
 enter ''unknown.") 
 
 
 noH uo -ojSE 
 
 
1100 
 
 RCnOOL ASSESSMENT 
 
 FORM L. 
 
 For Village Districts. 
 {Section JfJ)..) 
 
 Tax Xotice. 
 
 The 
 To. . 
 
 School District No. 
 
 of the IsT.-\V.T. 
 
 .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 M'hich 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. 
 
 Dated at 
 this 
 
 day of 
 190 . 
 
 Treasurer. 
 1901, c. 30 
 
 For Village Districts. 
 {Section 58.) 
 
 FORM M. 
 
 
 List of Lands. 
 
 m 
 
 The School District Wo. of the N.W.T. 
 
 to be sold for taxes as authorised by The School Assessment 
 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.) 
 
 
 
 i ■ 
 
 
 
 
 
 Nfitico 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 {gii'c place of sale) proceed 
 
SCHOOL ASSESSMENT ' 1101 
 
 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. 
 1901, c. 30. 
 
 FORM N. 
 
 For Village Districts. 
 (Section 58.) 
 
 (Notice for Insertion in Ouzette.) 
 
 Notice. 
 
 ISTotice 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 regard- 
 ing which lands may be found in the issues of (give name, 
 dates and place of issue of neivspaper.) 
 
 P.O. address: 
 
 Treasurer. 
 1901, c. 30. 
 
 FORM 0. 
 
 For Village Districts. 
 (Section 69.) 
 
 Teeasukee's Certificate. 
 
 This is to certify that at a sale of land for taxes due to The 
 School District Xo. of the X.AV.T. 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 name of pur- 
 chaser) has paid thereon the sum of $ being amount 
 of taxes and costs against tb§ said land. 
 
1102 SCHOOL ASSESSMENT 
 
 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 previ- 
 ously redeemed as provided in the said Ordinance. 
 
 Treasurer, 
 Dated at 
 this day of 
 
 190 . 1901, c. 30. 
 
 FOEM P. 
 
 Village Districts. 
 (Section 77.) 
 
 Teansfee of LA]srD on Sale fok Taxes. 
 
 I, of being treasurer 
 
 of The School District No. of the 
 
 ITorth-West Territories by virtue of aiithority 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 for arrears 
 
 of taxes due on 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 \ 
 
 named in \ 
 
 the presence of J 1901, c. 30. 
 
SCHOOL GRANTS 1103 
 
 SCHOOL ASSESSMENT. 
 
 AMENDMENT. 
 
 An Ordinance to amend Chapter ^o of the Ordinances i903,ses8.i,c2i 
 of 1901, intituled "An Ordinance respecting "■^""''™' 
 Assessment and Taxation in School Districts.'' 
 
 [Assented to June 19, 1903.'] 
 
 FTIHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 1. to 4, *"**■;?**«*** 
 
 5. Section 15 of the said Ordinance is hereby amended by section is 
 
 , ^ " aniended 
 
 adding thereto the following words "and shall bear interest at 
 
 the rate of six per cent, per annum from the 31st day of J"^!^^.^' °" 
 
 December of the year in which they are imposed." 
 
 (2) This amendment shall apply in respect of taxes imposed 
 before as well as after the passing of this Ordinance. 1903, 
 Sess. 1, c. 21, s. 5. 
 
 6. Section 89 of the said Ordinance is hereby amended by Section 89 
 
 •' •' amended 
 
 adding thereto the following subsection: 
 
 (3) In the event of a town district being situate Partly {'j'^t^i°J|°j'j.j^^ 
 within a town municipality and partly within a rural munici-^^t^:^^«t°'^'' 
 pality for the purposes of this section the portion within the "'^[fjj^i^^^'i^ 
 rnral municipality shall be deemed to be within the town 
 municipality. 
 
 (2) Any assessment heretofore made by any town munici- 
 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 Ordinance. 1903, Sess. 1, c. 21, s. 6. 
 
 SCHOOL GRANTS. 
 
 An Ordinance to Regulate Public Aid to Schools. ;|01j^c.m^„j 
 
 [Assented to June 12, 1901.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
1104 
 
 aVllOOL GKAXTS 
 
 Short title 1. This Ordinance may be cited as "The School Oranis 
 
 Ordinance." 1901. c. 31. s. 1. 
 
 Interpretation 
 
 3. 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 
 HcJiool Ordinance. 1901, c. 31, s. 2. 
 
 Grants to 
 schools 
 
 Rural 
 
 3. In aid of schools organised and condiicted tinder 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 
 assessable land as shown by the last revised assess- 
 ment 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 ; 
 
 (h) 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 : 
 
 SCHEDULE. 
 
 A peirentagc (if from 40 to .■)() inclusive. 
 
 " " 51 to 60 " 
 
 " 61 to 70 
 
 " nto 80 " 
 
 " " 81 to 100 " 
 
 . 5 cents 
 ,10 " 
 .15 " 
 .20 " 
 .25 " 
 
SCHOOL GEA.\TS ]^-£Qr 
 
 2 To village and toAvn districts an amount to be calculated vniage and 
 as loilows : town 
 
 (a) To each district the sum of 90 cents per day for each 
 day its school is kept open ; 
 
 (&) 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 smn set opposite thereto for each day school is 
 kept open : 
 
 
 SCHEDULE 
 
 
 
 
 percentage 
 
 of from 
 
 50 to 
 
 60 inclusive. 
 
 . 5 cents 
 
 a 
 
 (I 
 
 61 to 
 
 70 
 
 iC 
 
 .10 " 
 
 <e 
 
 u 
 
 71 to 
 
 80 
 
 a 
 
 .15 " 
 
 a 
 
 a 
 
 SI to 
 
 90 
 
 <i 
 
 .20 " 
 
 a 
 
 a 
 
 91 to 
 
 100 
 
 a 
 
 .25 " 
 
 3. To each district whose school attains a minimum grading For eqnip- 
 on its efficiency in respect to grounds, buildings, equipment, ™'^"'' "'"' 
 government and progi-ess a sum not exceeding 15 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 For standards 
 rooms exclusively for pupils in standards above the fifth the Jlj^fo^'"^'^^^ "^ 
 sum of $75 per term provided the daily average attendance of ^''^^ses 
 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 jj.^. 
 the provisions of this section unless an average attendance of attendance 
 six "is maintained in its school for the term immediately pre- 
 ceding 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^^™®"f 
 
 \ / ^ under clause 
 
 less than 90 cents per day for each day the school is kept open : ^ '^l 
 
 Provided further that any and every amount payable to ^^^^5^^^^^ 
 any district imder this section shall not unless otherwise pro- ^j^^^J'^^^'' 
 vided be payable for more than 210 days in any calendar year : 
 
 Provided further that in any district where more than one Each room to 
 teacher is employed each room shall rank as a district under ^tglrict^ 
 the provisions of clauses 1, 2 and 3 of this section when the 
 average attendance of the whole school shall at least equal 
 tvfenty pupils to each teacher employed ; 
 
1106 
 
 SCHOOL GEANTS 
 
 Not to exceed 
 70 per cent, of 
 teacher's 
 salary- 
 
 Payable at 
 end of each 
 term 
 
 Or end of 
 school year 
 
 Payable to 
 teacher for 
 arrears 
 of salary 
 
 Under clause 
 i if no 
 inspection 
 
 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 salary actually earned by the teacher or 
 teachers employed in the district during the year the amount 
 of the gi-ant payable at the end of the second tenxi 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: 
 
 Pi-ovided further that in case the school of any district is 
 open only during a portion of the year pajmient 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 por- 
 tion of it to the amount of such indebtedness shall be paid 
 proportionately to such teacher or teachers: 
 
 Provided further that the grant earned by any district 
 under clause 4 of this section shall be paid to such district at 
 the end of the school year and in case the school of any dis- 
 trict is not inspected during the year the district shall be paid 
 for such year such grant as it may be entitled to iipon the 
 basis of the grading its school attains on the first inspection in 
 the following year. 1901, c. 31, s. 3, and 1904, c. 10, s. 1. 
 
 Teacher 
 
 attending 
 
 convention 
 
 4. Any district whose school has been closed on account of 
 the absence of the teacher in attending a teacher's institiite 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. 1901, c. 31, s. 4. 
 
 byrea.olfof ^' ^^ ^^ ^^J district the schoool has been closed by the 
 disease written 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. 1901, c. 31, s. 5. 
 
SCHOOL GRANTS 1107 
 
 6. The Lieutenant Governor in Council may order the pay- Special grant 
 nient of a special grant to any school whether organised 
 according to law or not. 1901, c. ?,!, s. 6. 
 
 7. The secretary, treasurer and teacher of every district ^^^'^'l"®"''' 
 shall at the end of each school term forward to the commis- 'P''^'*''''^'^ 
 sioner such statements respecting the school and district as 
 
 are necessary to enable him to apportion the grants to which 
 it may be entitled under the Ordinance and such statements 
 shall be veriiied by declaration and shall be in form prescribed 
 by the commissioner. 1901, c. 31, s. 7. 
 
 8. For the piirpose of estimating the grant which may be ^f°°'P^^'^'''''" 
 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 siich 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 
 attendance by the number of siich monthly percentages of 
 attendance. 1901, c. 31, s. 8. 
 
 9. The board of every district receiving a grant under clause Purchase of 
 
 , T ,, « 1 school library 
 
 3 of section 3 hereof shall expend one-half of the amount of out of grant 
 
 • under 
 
 such grant received in each and every year on the purchase of clause 3 
 books for a school library and such books shall be selected from 
 a list authorised and furnished by the department : 
 
 Provided that on the recommendation of an inspector the 
 commissioner of education may authorise the board of any 
 district to expend any portion of such grant on the purchase of 
 equipment and apparatus in lieu of boohs for a school library. 
 1901, c. 31, s. 9, and 1904, c. 10, s. 2. 
 
 10. In all cases where two or more districts have entered o/^^^t^f^cr 
 into an agreement as provided in section 165 of The School i^otwn^^6 
 Ordinance there shall be paid at the end of each school term ordinance 
 from and out of any 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 simi of 60 cents per 
 diem for each day upon which such conveyance is provided in 
 accordance with the regulations of the department; 
 
1108 SECUXtlTV BY PUBLIC OFFICEES 
 
 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 jjupil in average dflily 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: 
 
 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 jiaid in the i^roportion that the average number of 
 children convej'ed for the term bears to six : 
 
 Provided further that the total amount of the grant which 
 shall be payable imder 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 necessitate the employment of one or more additional 
 teachers in which case the total amount of the grant thus 
 earned shall be paid. 1901, c. 31, s. 10. 
 
 b^ 
 
 Commence- 11. This Ordinance shall come into force on the first day of 
 
 January, 1902. 1901, c. 31, s. 11. 
 
 SECURITY BY PUBLIC OFFICERS. 
 
 0.0.1898,0.13 A.n Ordinance respecting- Security to be given by 
 
 rublic Officers. 
 
 TITE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 Persons to 1. Every person appointed to any office or employment by 
 
 security or Under the government of the Territories or to any office or 
 
 employment of public trust or wherein he is concerned in the 
 collection, receipt, disbursement or expenditure of any public 
 money and who by reason thereof is required to give security 
 "shall within one nvonth after notice of such appointment if he 
 is then in the Territories or within three months if he is then 
 al)sent from the Territories (unless be sooner arrives in the- 
 Territories, and then within one month after such arrival) 
 give and enter into a bond or bonds or other security or seciir- 
 ities in such sum and with such sufficient sureties as are 
 
SECURITY BY PUBLIC OITFICEES 1109 
 
 approved of by the Lieutenant Governor in Council or by such rime and 
 other officer or person as they may appoint for the due giving "" °' 
 performance of the trust reposed in him and for his duly^®""''"^ 
 accounting for all public moneys entrusted to him or placed 
 under his control. CO. 13, s. 1. 
 
 2. Whenever any person is required under this Ordinance B9nd solely or 
 or by any order of the Lieutenant Governor in Council to give ''''-'' ^"""^''-^ 
 bond or security for the due performance of the duties of any 
 
 office to which he has been or is about to be appointed, such 
 person may either solely or together with any sureties as the 
 case may be give such securities by bond in the form A in the 
 schedule to this Ordinance or to the like effect. CO. 13. s. 2. 
 
 3. Whenever a bond made according to said form A or any short form 
 other bond (expressed to be mad^e in pursuance of this Ordin- 
 ance or referring thereto) contains the form of voi-ds Ect 
 
 forth in column one of the said form, such bond shall be con- 
 strued and have the same effect as if it contained the form of 
 words set forth in column two of the said form. CO. 13, s. 3. 
 
 4. Any recitals may be inserted prior to the condition of the Adaptation 
 bond and the feminine gender may be substituted for the mas' " '"^™ 
 culine or the plural number for the singular or vice versa in 
 
 any form in the first column of the said form and correspond- 
 ing changes shall in such case be taken to be made in the 
 corresponding form in the second column ; and any express 
 exceptions or qualifications or additions made, introduced or 
 annexed in the first column shall be taken to be made in the 
 corresponding form in the second column. CO. 13, s. 4. 
 
 5. Any bond or part of a bond which does not take effect irregularities 
 by virtue of the three sections of this Ordinance next preced- liability 
 ing shall nevertheless be as effectual to bind the obligors 
 
 therein so far as the rules of law and equity will permit as if 
 the said sections had not been passed. C O. 13, s. 5. 
 
 6. Every surety in any such bond shall make the affidavit in sureties to 
 the form B in the schedule to this Ordinance or to the effect"'"^ ' ^ 
 thereof ; and every such bond or security shall be proved as to 
 
 the due execution and delivery of the' same by an affidavit of attestation 
 the attesting witness; and every such bond or security with 
 the several affidavits thereunto annexed shall be registered in 
 the office of the Territorial secretary and the original bond or 
 security and the affidavits thereunto annexed shall be retained 
 in the said office and such bond or security shall be registered 
 
1110 
 
 SECURITY BY PUBLIC OFITICEItS 
 
 RegiRtration 
 of bond 
 
 Register 
 of bonds 
 
 List of 
 principals 
 and sureties 
 
 Certified 
 copies 
 
 within one month after being entered into or given if the per- 
 son on whose behalf it is entered into or given resides or is in 
 the Territories and if he is absent from the Territories then 
 within three months after being entered into or given unless 
 such person arrives sooner in the Territories and then within 
 one month after such arrival. 
 
 (2) The Territorial secretary shall for the purpose of so 
 registering bonds or securities provide a separate register book 
 every page of which and every bond or security recorded 
 therein shall be numbered and the day of the month and year 
 when every such bond or security is registered shall be entered 
 in the margin of the said register book and in the margin 
 of the bond or security. 
 
 (3) The Territorial secretary shall keep separate alphabeti- 
 cal lists of the names of the principals and of the names of the 
 sureties mentioned in such bonds or securities with reference 
 to the book, page or number ivhere the bonds or securities con- 
 taining such names are to be found and shall enter and register 
 the said bonds or securities in the same order of time in which 
 they respectively come to his hands. 
 
 (4) Copies of all bonds or securities registered as aforesaid 
 certified by the Territorial secretary shall be received in all 
 courts of civil jurisdiction in the Territories as prima facie 
 evidence of the due execution and the contents thereof ; and 
 for every such copy certified as aforesaid a fee of one dollar 
 shall be payable to the general revenue fund. CO. 13, s. 6. 
 
 Failure to 
 give security 
 
 Exception 
 where 
 security lost 
 
 '7. If any person who is required to give, register and de- 
 posit any such bond or security as aforesaid neglects to do so, 
 he shall be liable to forfeit the appointment in respect whereof 
 such security should have been given and such appointment 
 shall be void from and after the time when the Lieutenant 
 Governor in Council declares the same to be void under this 
 Ordinance; but such voidance shall not annul or make void 
 any act or other matter or thing done by such person during 
 the time he actually held such appointment. 
 
 (2) No such forfeiture shall take place by reason of any 
 such bond or security not being registered or deposited if the 
 proper sureties have been given and the proper bond made out 
 when the failure of registry and deposit have arisen from the 
 loss o"f such bond or security in the transmission thereof from 
 a distance ; but in every such case a new bond or security speci- 
 fying the reason of such delay shall be made out and signed, 
 registered and dqjosited within the like period after the person 
 giving such security receives notice of the loss (regard being 
 
SECURITY BY PUBLIC OFFICEKS 1111 
 
 had to the place where he then is) as is required by this Ordin- 
 ance for the registry thereof if such loss had not occurred, 
 0.0. 13, s. 7. 
 
 8. Every such person as aforesaid who has given any bond Death, 
 or other security with surety or sureties for the due execution "onresldence 
 of the trusts reposed in him or for duly accounting for public °' '"'^''^ 
 moneys coming to his hands shall give notice in writing to the 
 Territorial secretary of the death, bankruptcy, insolvency or 
 residence out of the Territories of any surety or person bound 
 for or with him in any such security. 
 
 (2) Such notice shall be given within one month after the Default in 
 
 ^ ■' o ^ giving notice, 
 
 fact comes to the knowledge of such person as aforesaid ; and penalty 
 any person who neglects to give such notice within such period 
 shall forfeit to the use of the Territories one fourth part of 
 the sum for which the surety so dead, bankrupt, insolvent or 
 resident out of the Territories became security recoverable in 
 any civil court at the suit of the attorney general. 
 
 (3) Every such person who (upon the dpath, bankruptcy, fJ,™^f|j,°JJg'° 
 insolvency or residence out of the Territories of any surety) ^®<'""'y 
 neglects to give the security of another surety to be approved 
 
 in like manner as such surety dying or becoming bankrupt, 
 insolvent or resident out of the Territories was approved, 
 within such period from his having given notice of the death 
 bankruptcy or insolvency or residence out of the Territories of 
 the former surety as is hj this Ordinance limited for giving, 
 registering and depositing the original security or neglects 
 to register and deposit the bond or security of such new surety 
 within such period from his having given the security of 
 such new surety as is by this Ordinance limited for the regis- 
 tering and depositing of the original bond or security (the same 
 regard being had to the place in which the person then is) 
 shall be liable to forfeit his appointment of office, employment 
 or commission in respect whereof such new security ought to 
 have been given and such new bond or security registered and 
 deposited as aforesaid ; and his appointment shall be void from 
 and after the time when the Lieutenant Governor in Council 
 declares the same to be void in like manner and under and 
 subject to such provisions as aforesaid. CO. 13. s. 8. 
 
 9. When any person has become security for the due withdrawal 
 accounting for public moneys or the proper performance of any °' '"'"*'''' 
 public duty by any such person as aforesaid, such surety 
 (when no longer disposed to continue such responsibility) 
 may give notice thereof to his principal and also to the Terri- 
 
1112 SEOi'iaTY Br public officees 
 
 torial secretary and all accniing responsibility on the part of 
 such person as snch surety shall cease at tlie expiration of 
 three months from the receipt of the last of such notices or 
 iipon the acceptance by the Lieutenant Governor in Council 
 of the security of another surety whichever first happens; 
 and the principal shall (within one month from the receipt 
 of the last of such notices) give the security of another surety 
 and register and deposit the bond of such new surety or in 
 defaidt of so doing shall be liable to forfeit and be deprived 
 of the appointment in respect ^'hereof such new security ought 
 to have been given and deposited as aforesaid ; and his appoint- 
 ment shall be void from and after the time when the 
 Lieutenant Governor in Council declares the same to be void 
 in like manner and under and subject to such provisions as 
 aforesaid. C. 0. 13, s. 9. 
 
 Acceptance^of iQ. The Lieutenant G<n'ernor in Council may approve of 
 proper time ^j^g security givcu by any public officer although perfected 
 after the time limited by this Ordinance ; and in such case the 
 office shall be deemed not to have been voided by such default 
 but to have remained and to remain in full force and effect; 
 and no act of any such public officer shall by such default be 
 void or voidable. C. O. lo, s. 10. 
 
 Securities H. "When the securities of the principal and sureties have 
 
 executen at . . 
 
 Rfl^trat^on"^^''®^ exccutcd at diiffercnt times (whether they were taken in 
 one and the same bond, deed or other instrument or in differ- 
 ent ones), the period limited for registering and depositing 
 such securities shall be estimated from the time of execution 
 thereof by the person who was the last to execute the bond, 
 deed or other instrument or the last bond, deed or other 
 instrument as the case may be. C. 0. 13, s. 11. 
 
 in'^fovMing^ 13. ]S[o neglcct, omissiou or irregularity in giving or receiv- 
 security ^^^ ^^^q bonds or other securities or in registering the same 
 
 within the periods or in the manner prescribed by this Ordin- 
 ance shall -s-acate or make void any such bond or security or 
 discharge any surety from the obligations thereof. C. 0. 13, 
 s. 12. 
 
 aftfrtime"" ^^' ^^^ bouds or other securities hereby required to be 
 registered and deposited shall be registered and deposited by 
 the proper officer notwithstanding the period prescribed for 
 registering and depositing the same has expired ; but no such 
 registering and depositing of any such bond or other security 
 
SECURITY BY PUBLIC OFFICERS 1113 
 
 shall be deemed to waive any forfeiture or penalty or shall 
 exempt the person on whose behalf the same is registered and 
 deposited from any forfeiture or penalty under any of the 
 provisions of this Ordinance. C. O. 13, s. 13. 
 
 14. Whenever any public officer is required to give security Guarantee 
 for the performance of his duties or other security of a like bon'd"^"^ ^ 
 nature and whether such security inures for the benefit of the 
 Territories or of any person injured by the default or miscon- 
 duct of such officer, the Lieutenant Governor in Council may 
 direct that the bond or policy of guarantee of any incorporated 
 joint stock company empowered to grant guarantees, bonds, 
 covenants or policies for the integrity and faithful accounting 
 of public officers or other like purj^oses may be accepted as 
 such secu.rity upon such terms as may be determined by the 
 Lieutenant Governor in Council; and the provisions of law 
 with reference to the legal effect of such securities when given 
 by individuals, to the filing thereof and to the mode of pro- 
 ceeding thereon shall apply to the security given by every 
 such company. 0. 0. 13, s. 14. 
 
 15. The interim receipt of such company may be accepted i"t®r'™ 
 in lieu of the formal security but the formal security shall be 
 completed within four months from the date of such receipt. 
 C. O. 13, s. 15. 
 
 SCHEDULE. 
 
 EOKM A. 
 
 Know ajl men by these presents that we, 
 
 of . in the 
 
 Worth-West Territories of the Dominion of Canada (herein- 
 after called "the principal") and of 
 in the said Terriitories and of in 
 the said Territories (hereinafter called "the sureties"), are 
 respectively held and firmly bound untoour Sovereign Lady the 
 Queen, her heirs and successors^ in the respective penal sums 
 following, that is to say : the principal in the sum of 
 dollars of lawful money of Canada, and each of the sureties 
 in a sum of dollars of like lawful money, to be 
 paid to our said Sovereign Lady the Queen, her heirs and 
 successors, for which said respective payments well and faith- 
 fully to be made we severally, — and not jointly or each for 
 the other, — bind ourselves, and our respective heirs, executors 
 
1114 
 
 SECUKITY BY PUBLIC OFFICEBS 
 
 and administrators, firmly by these presents, sealed with our 
 respective seals. 
 
 Dated this day of in the 
 
 year of our Lord one thousand 
 and in the year of her Majesty's reign. 
 
 Whereas the principal having been appointed to the office 
 or employment of is 
 
 required by law to give security to the Crown for the due per- 
 formance of the duties appertaining thereto, and the sureties 
 have consented to become his sureties for such his performance 
 of the said duties, and this bond is given in pursuance oi An 
 Ordinance respecting Security to he given by Public Officers. 
 
 COLUMN ONE. 
 
 ISTow the condition of this 
 obligation is that if the 
 principal faithfuly dis- 
 charges the duties of the said 
 office and duly accounts for 
 all moneys and property 
 which come into his custody 
 by virtue of the said office, 
 this obligation shall be void. 
 
 Signed, sealed and de- ] 
 livered in the presence of / 
 
 COLUMN TWO. 
 
 Now the condition of the 
 above obligation is such that 
 if the principal so appointed 
 to the said office or employ- 
 ment as aforesaid, do and 
 shall from time to time and 
 lat all times, so long as he 
 shall hold the said office or 
 employment or be and 
 remain charged with the 
 actual discharge of the 
 duties appertaining thereto, 
 or any of them, faithfidly, 
 honestly and diligently do, 
 perform, fulfil and discharge 
 all and every such duties, in 
 every respect in accordance 
 with the laws now in force 
 in that behalf, as also all and 
 singular such other duties as 
 by competent authority in 
 that behalf now are or here- 
 after shall or may be 
 attached to the said office or 
 employment, or imposed 
 upon or required to be per- 
 formed by the incumbent for 
 the time being of the said 
 office or employment whether 
 such last mentioned duties 
 are regulated or imposed by 
 
SECURITY BY PUBLIC OFFICEE3 
 
 111^ 
 
 any Ordinance or Ordin- 
 ances of the Territories 
 heretofore passed or that may 
 hereafter be passed by the 
 Legislative Assembly of the 
 said Territories or by any 
 order or regulations made 
 under any such Ordinance, 
 and whether such duties are 
 extended, increased or other- 
 wise varied or altered by any 
 such Ordinance or Ordin- 
 ances so to be passed, or by 
 any such Order or regula- 
 tions as aforesaid, or are 
 regulated or imposed, or are 
 extended, increased or other- 
 wise varied or altered by 
 competent authority, and 
 shall duly account for and 
 pay over all such moneys or 
 securities for money or 
 valuable securities or pro- 
 perty as shall come into liis 
 hands, custod^y or control by 
 virtue of or in consequence 
 of his holding the said office ; 
 And further, if the princi- 
 pal, upon his removal from, 
 or his resignation of the said 
 office or employment, or if in 
 the event of his death during 
 his tenure of the said office 
 or employment, his legal rep- 
 resentatives, or some or one 
 of them, do and shall quietly 
 surrender and deliver up the 
 same, and all the moneys, 
 securities for money, valu- 
 able securities, or property, 
 books, papers, instruments, 
 instructions, maps, plans, 
 letters and writings, and 
 other things whatever, which 
 then may be, or ought to be, 
 in his possession, custody or 
 
1116 
 
 SECTJKITY BY PUBLIC OFFICERS 
 
 keeping, by virtue of or in 
 consequence of his holding 
 the said office, or relating or 
 in anywise appertaining 
 thereto, then the above obliga- 
 tion shall be null and void 
 and of no effect : otherwise ■ 
 the same shall be and remain 
 in full force .and virtue. 
 
 Affidavits to be Annexed to the Bond. 
 Affida\'it of Witness. 
 
 T, CD., of 
 
 CANADA : 
 
 Xorth-West Territories, 
 To wit: 
 
 in the 
 JSTorth-We&t Territories, make oath and say that I was person- 
 ally present, and did see 
 
 the obligors in the above bond or writing obligatory named, 
 duly execute the said instrument by signing, sealing and 
 as their respective acts and deeds, delivering the same, and 
 that I am a s^ibscribing witness to such execution. 
 
 Sworn before me at 
 
 in the said Territories, this 
 
 day of A.D. 
 
 one thousand 
 {Signature) A.B., 
 
 {A separate affidavit in this form shall be made by a witness 
 to the execution of each obligor, if the same person does not 
 witness the execution by all of them.) 
 
 . (Signature) 
 
 CD. 
 
 FOEil B. 
 
 CANADA: j I, 4-5.. one of the sureties in the 
 
 ISTorth-West Territories, annexed bond named make oath and 
 To wit : j say, as follows : 
 
 1. I am seized and possessed to my own use of real (or real 
 and personal) estate at in the JSTorth-West 
 
 Territories of the actual value of $ over and above 
 
 all charges upon or incumbrances affecting the same. 
 
SEDUCTION- 
 
 1117 
 
 2, My ijost office address is as follows: 
 Sworn before me at 
 
 this day of A.D. one j 
 
 thousand U Signature) A.B. 
 
 (Signature) CD. j 
 
 (-4 separate affidavit to he made hy each surety.) 
 
 Imdoesment on Bond. 
 
 The indorsement on the bond shall show : 1. The date of its 
 receipt by the Territorial Secretary. 2. The names of the 
 principal and sureties, and the amount for which each is 
 bound. 3. The date of the bond. 4. The office for the faith- 
 ful discharge of the duties whereof it is given. 5. The regis- 
 tration number. 6. The folio on which it is entered in the 
 register of bonds. 0. O. c, 13.. 
 
 SEDUCTION. 
 
 An Ordinance respecting the Action for Seduction. IflimTim'^ 
 
 [Assented to November 21, 1903.] 
 
 rriHE Lieutenant Governor by and with the advice and 
 -*- consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 !• The father or, in case of his death, the mother (whether Action when 
 
 , . . , . , ^ ■-, n -, maintainable 
 
 sne remains a widow or remarries) ot any unmarried female by father or 
 
 . mother 
 
 who has been seduced and for whose seduction the father or 
 mother could maintain an action in case such unmarried 
 female was at the time dwelling under his or her protection 
 may maintain an action for the seduction, notwithstanding 
 such unmarried female Mas at the time of her seduction 
 serving or residing with another person upon hire or other- 
 wise. 1903, Sess. 2, c. 8, s. 1. 
 
 3. Upon the trial of an action for seduction brought by the Proof of 
 
 S6rVlC6 
 
 father or mother it shall not be necessary to prove any act of dispensed with 
 service performed by the party seduced but the same shall in 
 all cases be presumed and no evidence shall be received to the 
 contrary; but in case the father or mother of the female 
 
1118 SHERIFFS AXD DEPUTY SHEEIFFS 
 
 ma'inta'inabi'e se'duced had before the seduction abandoned her and refused 
 
 by master, etc. ^^ provide for and\ retain her as an inmate then any other 
 
 person who might at common law have maintained an action 
 
 for the seduction may maintain such action. 1903, Sess. 2, 
 
 OT mSthw'not ^- ^^y person other than the father or mother who by 
 Terrixorie" ^^^ reasou of the relation of master or otherwise would have been 
 entitled at common law to maintain an action for the seduc- 
 tion of an immarried female may still maintain such action if 
 the father or mother be not resident in the Territories at the 
 time of the birth of the child which is born in consequence 
 of the seduction or being resident therein does not bring an 
 action for the seduction within six months from the birth of 
 the child. 1903, Sess. 2, c. 8, s. 3. 
 
 tehTo^hthy ^' J^otwithstanding anything in this Ordinance an action 
 
 inhe/own**^ ^'^^' seductiou may be maintained by any unmarried| female 
 
 name* -^^Jjq j^^g ]been scduccd, in her own name, in the same manner 
 
 as an action for any other 'tort and in any such action she 
 
 shall be entitled to such damages as may be awarded. 1903, 
 
 Sess. 2, c. 8, s. 4. 
 
 SERVANTS. 
 
 See MASTERS ABTD SEEVANTS. 
 
 SHEEP. 
 
 See PEOTECTiOJsr of a^-^imals feom dogs. 
 
 SHERIFFS AND DEPUTY SHERIFFS. 
 
 SMaroh.lslg ^^ Ordinance respecting Sheriffs and Deputy Sheriffs. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 OFFICE HOUES. 
 
 hSnri*^""""'' ^' -'-* ^^^^^ ^^ *^® ^^^y ^^ ^^^^y sheriff to keep his office 
 open between the hours of ten in the forenoon and four in the 
 afternoon on all days except Sundays and holidays and except 
 Saturdays when the same may be closed at one o'clock in the 
 afternoon. 0. 0. 23, s. 1. 
 
SHERIFFS xiND DEPUTY SHERIFFS 1119 
 
 BOOKS, RECORDS AND PROCESS. 
 
 2. Every sheriff sliall keep a separate book in which he ^'be re'Sd 
 shall enter from day to day all fees and emoluments received 
 
 by him in virtue of his office showing separately the fees 
 received for each service performed and such further facts 
 and information as the Lieutenant Governor may from time 
 to time require. C. O. 23, s. 2. 
 
 3. Every sheriff shall on or before the fifteenth day of Annual 
 January in each year make up a statement in duplicate fromfees'*"^"' °' 
 such book and return the same to the attorney general veri- 
 fied under oath ; and such statement shall set lorth the total 
 amount of fees which have been received during the twelve 
 months ended on the thirty-first day of December next preced- 
 ing. CO. 2.3, s. 3. 
 
 4. The sheriff shall keep in his office open to the inspection Books open 
 of any person the following books, namely: inspection 
 
 (a) Process books in which shall be entered a memoran- 
 dum of every process other than \\rits of execution or writs 
 in the nature of writs of execution received by the sheriff, the 
 court out of which the same issued, the date of the receipt, 
 the nature of the process, the names of the parties thereto, the 
 advocate by whom issued, the date of the return and the 
 nature of the return made thereto or what was thereunder or 
 therewith done respectively; 
 
 (b) Execution books for goods and lands respectively in 
 which shall be entered a memorandum of every writ of execu- 
 tion or writ in the nature of a writ of execution, the court out 
 of which the same issued, the names of the parties thereto, the 
 advocate by whom issued, the date of return and the nature of 
 the return made thereto or what was done thereunder or 
 therewith; and 
 
 (c) A cash book in which shall be entered all cash received 
 or paid away by the sheriff in his official capacity or in connec- 
 tion with his office for any service whatever — for fees, pound- 
 age, service of process and papers, attendance at court, moneys 
 levied under execution or under writs in the nature of writs 
 of execution or otherwise, the date of the receipt or payment 
 and the cause, matter or service in which or on account of 
 which the same was received or paid away. ^ 
 
 (2) And a seal of office. C. O. 23, s. 4. 
 
1120 SIIEEIFFS AND BEPUTY SHEEtPFS 
 
 Supplying 5. The said books and seal shall be supplied 'out of the 
 
 books and . r^ r\ nr, 
 
 seal general revenue fund of the Territories. C. O. 2,3, s. 5. 
 
 records, etc.. ^- ^^^ books, accounts, records, papers, Avrits, warrants, 
 oiGOTeinmen't processes, moneys and other matters and things in the posses- 
 sion or under the control of any sheriff by virtue of or apper- 
 taining to his office as sheriff shall be the property of the 
 vioaDcy'o" °" government of the Territories and the same and every of 
 °^°^ them shall immediately upon the resignation, removal from 
 
 office or death of any such sheriff be, by the party in whose 
 possession or control they may come or happen to be, handed 
 over to and taken possession of by the successor in office of 
 such sheriff or such person as the judge usually exercising 
 jurisdiction in the judicial district may appoint to receive 
 the same. C. 0. 23, s. 6. 
 
 book^etc" °^ '^' -^o person except the successor in office of the sheriff so 
 after vacancy resigning, being removed or dying, or the person so to be 
 appointed by the judge as aforesaid shall take, have or hold any 
 such books, accounts, records, papers, writs, warrants, process, 
 moneys, or other matters or things ; and any person having or 
 holding any of the matters aforesaid shall forthwith on 
 demand deliver over the same and every of them to the said 
 Refusal togive Succeeding sheriff or to the person so to be appointed as 
 
 up possession j: ' • i i i i . • ji • 
 
 atoresaid; and upon any such person neglecting or refusing 
 so to do on conviction thereof before a judge of the supreme 
 court he shall be liable to pay a penalty not exceeding $100. 
 C. O. 23, s. 7. 
 
 Ex-sheriff to 8. The sheriff after resigning office or removal from 
 
 nave access . _ . . 
 
 to books office, or his heirs, executors or administrators shall or may at 
 
 any and at all time or times thereafter have the right and be at 
 liberty to have access to search and examine into any or all 
 accounts, books, papers, warrants and processes of whatever 
 kind and all other matters or things which were formerly in 
 the possession of him the said sheriff before his resignation or 
 removal and which at the time of making or requiring to make 
 such search or examination are in the possession or control of 
 the succeeding sheriff free of all costs, charges and expenses. 
 C. 0. 23, s. 8. 
 
 VACANCY IN OFFICE PENDING EXECtTTION OF WEIT. 
 
 Sale of lands 9. Jn casc of the death, resignation or removal of the 
 Procedure sheriff, or of any deputy where there is no sheriff, after" he has 
 
 when vacan cy ' j- i 
 
 occurs made a sale of lands but before he has made a transfer of the 
 
SIIEEIFFS AND DEPUTY SHEKIirFS 1121 
 
 same to the purchaser such transfer shall be made to the 
 purchaser by the sheriff or the deputy sheriff who, is in office 
 acting as sheriff as aforesaid at the time when the deed of 
 conveyance is made. 0. O. 23, s. 9. 
 
 10. If the sheriff goes ovit of office during the currency of vaoatog, 
 any writ of execu.tion against lands and before the sale, such conunue'" ^° 
 writ shall be executed and the sale and transfer of the lands p"'"*'®^^ 
 be made by his successor in office and not by the former 
 sheriff. C. O. 23, s. 10. 
 
 11. The sureties of the sheriff shall be liable to indemnify ^ureties^ °' 
 the party or parties to any legal proceedings against any 
 omission or default of the sheriff in not paying over moneys 
 received by him and against any damage sustained by any such 
 party or parties in consequence of the sheriff's wilful or 
 neglectful miscondiict in his office and the sheriff shall be joint 
 defendant in any action to be brought upon the covenant or 
 security given by the sheriff. C. O. 23, s. 11. 
 
 13. Any person sustaining any damage by reason of ^^J fifgj^rt-*^ °* 
 such default or misconduct of any sheriff may bring and 
 maintain an action upon the said covenant or security for such ^^'„*°ft^" 
 default or misconduct and such action shall not be barred by 
 reason of any prior recovery by the same party upon the cove- 
 nant or security or of any judgment rendered for the defend- 
 ant in any prior action upon the same covenant or security or 
 by reason of any other action being then depending upon the 
 same either at the suit of the same plaintiff or of any other 
 party for any other distinct cause of action. C. O. 23, s. 12. 
 
 13. If upon the trial of any action upon any such covenant Limi.^ation of 
 or security it is made to appear that the plaintiff is entitled to iiabiuty 
 recover and that the amount which such surety has paid or 
 become liable to pay as hereinafter mentioned is not equal to 
 
 the full amount for which he became surety the court after 
 deducting from such full amount the Sums which he has so 
 paid or become liable to pay as aforesaid shall render judg- 
 ment against him for any sum not exceeding the balance of the 
 sum for which he became surety. 0. O. 23, s. 13. 
 
 14. Where any such surety actually and lona fide and of whenj^^rety 
 his own proper moneys and effects has paid or become liable by from liability 
 virtue of a judgment or judgments recovered against him 
 
1122 SHEBIFFS AND DEPUTY SHEEIFFS 
 
 upon his said covenant or security to pay an amount equal to 
 the amount specified in the said covenant or security for which 
 he became surety such covenant or security shall as to him be 
 deemed to be discharged and satisfied and no other or further 
 sum shall be recovered against him. C. 0. 23, s. 14. 
 
 proceedings ^^' ^^ ^^^^^ ^6 Competent for the supreme court or a judge 
 against surety thereof upon proof to the satisfaction of the court or judge of 
 such payment or liability in a summary manner and at any 
 stage of the cause by stay of proceedings or otherwise to pre- 
 vent the recovery against any such surety of any further sum 
 than the amount specified in his covenant or security and for 
 which he may have become surety. CO. 23, s. 15. 
 
 When 16. Upon every writ of execution under a judgment recov- 
 
 reoovered ered on such Covenant or security the plaintiff or his advocate 
 
 upon security in, . -, i • t i 
 
 levy to be on shall by an indorsement on the writ direct the coroner or other 
 
 sheriffs goods /v>i i-it • i- ^ • 
 
 first omcer charged with the execution oi such writ to levy the 
 
 amount thereof upon the goods and chattels of the sheriff in the 
 first place and in default of goods and chattels of the sheriff 
 to satisfy the amount then to levy the same or the residue* 
 thereof on the goods and chattels of the other- defendant or 
 defendants in such writ and so in like manner with any writ 
 against lands and tenements upon a judgment on any such 
 covenant or security. CO. 23, s. 16. 
 
 sheriffiiabie 17. ISTotwithsitanding a sheriff may have forfeited his office 
 takes office and become liable to be removed therefrom the liability of him- 
 self and his sureties shall remain until a new sheriff has been 
 appointed arfd sworn into office. CO. 23, s. 17. 
 
 OFFICERS NOT TO PURCHASE AT EXECUTION SALES. ' 
 
 nwnV°- ^^' ^° ^^^^i^' 'ieputy sheriff, bailiff or. constable shall 
 Snder^'i di^ectlv or indirectly purchase any goods or chattels, lands or 
 execution tenements by him exposed to sale under execution. C O 23 
 
 s. 18. 
 
 MISCONDUCT OF BAILIFF OR CONSTABLE. 
 
 Liabiuty for l^' If any bailiff or constable entrusted with the execution 
 
 misconduct in„j?„-, , „, 
 
 execution of ot any writ, warrant, process, mesne or final, wilfully miscon- 
 ducts himself in the execution of the same or wilfully makes 
 any false return to such writ, warrant or process, unless by the 
 consent of the party in whose favour the process issued, he 
 shall answer in damages to any party aggrieved by such mis- 
 conduct or false return. 0. 0. 23, s. 19. 
 
SHERIFFS AND DEPUTY SHERIFFS 1123 
 
 CUSTODY OF WEITS^ PEOCESSj ETC. 
 
 20. Every deputy sheriff, bailiff or other sheriff's officer or Restoration of 
 
 "'■'■.'' ' . doouraents, 
 
 clerk entrusted with the custody of any writ or process or* of etc., to sheriff 
 any hook, paper or document belonging to the said sheriff or* 
 his office shall upon demand \ipon him by such sheriff restore 
 and return such writ, process, book, paper or document to the 
 custody of the said sheriff and in case of any neglect or refusal 
 to return or restore the same as aforesaid the party so neglect- 
 ing or refusing may be required by an order of the supreme Enforcement 
 coxirt or any judge of such court to return and restore such 
 writ, process, book, paper or document to such sheriff "and H 
 he disobeys such order may be further proceeded against by 
 attachment as in other cases of contumacy to orders or rules 
 of court. CO. 23, s. 20. 
 
 31. If any deputy sheriff, bailiff or sheriff's officer shall sheriff's 
 have in his possession, custody or control any writ of summons, deliver process 
 fieri facias or other writ or any bench warrant or processwhat- when required 
 soever and shall upon demand made by the sheriff from whom 
 the same may have been received or his successor in office or 
 by any other party entitled to the possession of the same 
 neglect or refuse to deliver up the same- such sheriff or his 
 successor in office or the party entitled to the possession of the 
 same may proceed by summons and order before any judge 
 having jurisdiction in the court out of which such writ or 
 process issued to compel the production thereof; which order 
 may be enforced in the same manner as like orders for the 
 return of writs against sheriffs and with or without costs or be 
 discharged with costs against the party applying in +he (^jscre- 
 tion of the judge aforesaid. CO. 23, s. 21. 
 
 VACANCY IN OFFICE OF SHERIFF^ DEPUTY TO ACT. 
 33. * 
 
 SECURITIES AND OATHS OF OFFICE. 
 
 33. Every sheriff before entering upon the duties of liis Co^y rf ^_^ ^^ 
 office and if after entering upon his duties a new security isaied 
 substituted for any previously given shall file in the office of 
 the Territorial secretary a copy, certified as such by the Secre- 
 tary of State for Canada, of the security required by and given 
 under The North-West Territories Act or of such substituted 
 security. C O. 23, s. 23, 
 
 * * -X- * * * * * 
 
1124 
 
 SlIEEIFFS AND DEPUTY SHERIFFS 
 
 Security may 34. g^cj^ security shall be available to and may be sued 
 
 be sued upon ^ " ^ ^ 
 
 upon by any person suffering damages by the default, breach 
 
 CO. 23, s. 24.; 
 
 of duty or misconduct of such sheriff 
 
 Certified copy 
 of security 
 evidence 
 
 35. A copy of such security purporting to be such, certified 
 by the Territorial secretary, shall be received in all courts as 
 prima facie evidence of the due execution and contents 
 thereof without further proof. CO. 23, s. 25. 
 
 Oatli of office 
 
 36. Every sheriff and every deputy sheriff appointed under 
 
 the provisions of any Ordinance of the Territories in that 
 
 behalf' shall upon appointment and before entering upon the 
 
 , duties of his office take the oath of office in the form in the 
 
 schedule to this Ordinance and also the oath of allegiance. 
 
 (2) All such oaths shall be filed in the office of the clerk of 
 the executive council immediately after being taken. CO. 
 23, s. 26. 
 
 DEPUTY SHERIFFS. 
 
 Deputy 
 siieriff8 to be 
 appointed 
 
 37. The sheriffs of the several judicial districts shall 
 respectively from time to time appoint a deputy at Edmonton, 
 Lethbridge, Medicine Hat, Battleford, Moose Jaw, Yorkton; 
 and at such other place or places as the Lieutenant Governor 
 in Council shall from time to time designate; and such deputy 
 sheriffs shall have and perform the powers, duties and obliga- 
 tions hereinafter mentioned. CO. 23, s. 27, and, 1900, c. 7, 
 s. 2. 
 
 defined 38'. Eor the purposes hereinafter mentioned the respective 
 
 districts of the deputy sheriffs at Edmonton, Medicine Hat, 
 Battleford, Moose Jaw and Yorkton shall be the same respec- 
 tively as the districts of the deputy clerks at the said places 
 respectively ; and the district of the deputy sheriff at Leth- 
 bridge shall be that portion of the electoral district of Leth- 
 bridge lying to the east of the dividing line between ranges 
 twenty-seven and twenty-eight west of the fourth initial 
 meridian : 
 
 Provided that any business pending shall be completed in 
 the office of the sheriff or deputy sheriff respectively in which 
 it was begun or is pending. 
 
 Governor may (2) The Lieutenant Oovernor in Council shall have power 
 
 alter districts to alter the boundaries of any district of a deputy sheriff now) 
 
 or hereafter established by adding thereto or talcing therefrom 
 
 and to establish neiu districts. C 0. 23, s. 28, and 1900, 
 
 c. 7, s. 3. 
 
SHEEIFI-S AND DEPUTY SHERIFFS 1125 
 
 29. AH the powers, duties and obligations which may now Power, and 
 be exercised or performed by the sheriff of any one of the said ^^^lf^y°' 
 judicial districts may hereafter so far as they are to be exer- 
 cised or performed within the districts of any one of the said 
 deputy sheriffs or as they affect property and person in the 
 districts of any one of such deputy sheriffs be exercised and 
 performed by such deputy sheriffs respectively and in respect 
 
 of mesne and final process intended to affect real or personal 
 property situate within the districts of any one of the said 
 deputy sheriffs such deputy sheriff shall have and perform all 
 the powers, duties and obligations of the sheriff of his judicial 
 district and such process shall for the purpose of binding such' 
 property be placed in the hands of such deputy sheriff and 
 need not be placed in the hands of the sheriff of his judicial 
 district and such deputy sheriffs shall have and use a duplicate 
 of the seal of the sheriffs of their respective judicial districts 
 and keep such books as are kept by sheriffs. 0.0. 23, s. 29. 
 
 30. Each deputy sheriff before entering on his duties shall Deputy to give 
 give security to the Lieutenant Governor to the satisfaction of 
 
 the Lieutenant Governor in Council in the sum of $2,000 for 
 the due performance of the duties and obligations of his said 
 office and for the due--payment over to the persons entitled 
 thereto of all moneys received by him by virtue of his said security may 
 office and any person sustaining damage by reason of the non- upo™"^* 
 performance or improper or undue performance of such duties 
 or obligations by reason of the nonpayment over of such 
 moneys shall have and possess a right of action against such 
 deputy sheriff and his sureties upon such security for the 
 amount of such damages. 0. O. 23, s. 30. 
 
 31. The respective sheriffs for the said judicial districts of sheriff not 
 jSTorthern Alberta, Southern Alberta, Saskatchewan, Western for deputy* 
 Assiuiboia and Eastern Assiniboia shall not after the giving 
 
 of such security by their said respective deputies be answerable 
 or accountable for the acts of nonperformance or improper 
 performance of the duties and obligations of their respective 
 deputies. C. O. 23, s. 31. 
 
 33. No sheriff or deputy sheriff while holding office shall sheriff or 
 practise as an advocate of the Territories or be a member of acfas^ "°' '° 
 any firm of advocates practising in the Territories. 0. 0. 23, "" ^"'^ ^ 
 s. 32. 
 
1126 SLANDEE OF WOMEN 
 
 SCHEDULE. 
 
 Shekiff's Oath of Office. 
 
 I^ , do swear that I will truly and 
 
 faithfully perform the several duties of sheriff of 
 
 the judicial district to which I have been appointed without 
 fear, favour or malice. So help me God. 
 
 Sworn before me at 
 
 in the North- West Territories, I. 
 this day of 1 . J 
 
 SLANDER OF WOMEN. 
 
 15 Ma?oh "iggg -^^ Ordinance to amend the Law relating to Slander. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Slander of 
 females 
 
 Special 
 damage 
 
 1. In any action of slander founded on words spoken of the 
 plaintiff imputing unchastity, adultery or profligacy to a 
 female, whether married or unmarried, it shall not be neces- 
 sary to allege or prove any special damage but such words 
 shall be actionable per se. G. 0. 30, s. 1. 
 
 SOCIETIES. 
 
 See ASSOCIATIONS. 
 
 BENEVOLENT AND OTHER SOCIETIES. 
 MECHANICS AND LITERARY INSTITUTES. 
 RELIGIOUS SOCIETIES LANDS. 
 
 SOLEMNISATION OF MARRIAGE. 
 
 See irAURiAGE. 
 
 STALLIONS AND BULLS. 
 
 See ENTIRE ANIMALS. 
 
STEAM BOILEES 11:27 
 
 STEAM BOILERS. 
 
 An Ordinance respecting Steam Boilers. l2june!i9oi 
 
 [Assenied to June 12, 1901 ] 
 
 rpHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as f oUovs^s : 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as "The Steam 5oiZers siiort title 
 Ordinance 1901" 1901, c. 7, s. 1. 
 
 INTERPEETATION. 
 
 3. In this Ordinance unless the context otherwise requires : interpretation 
 
 1. The expression "boiler" does not include boilers used for "So"®'" 
 heating water for domestic purposes or generating steam 
 solely for heating buildings or railway locomotive or steamboat 
 boilers but means and includes all other steam boilers and 
 every part thereof or thing connected therewith and all 
 apparatus and things attached to or used in connection with 
 
 any such boiler* 
 
 2. The expression "owner" means and includes any person, "Owner- 
 firm or corporation the owner or lessee o^ &\ boiler and the 
 manager or other head officer in charge of the business of any 
 
 such firm or corporation; 
 
 3. The expression "engineer" means any person having "Engineer- 
 charge of or operating a steam boiler and the steam engine 
 connected therewith under the provisions of this Ordinance; 
 
 4. The expression "person" means any male over eighteen "Person- 
 years of age ; 
 
 5. The expression "commissioner" means the conunissioner ^jCo^^mis- 
 of public works of the Territories ; 
 
 6. The expression "inspector" means an inspector of steam "inspector- 
 boilers appointed under the provisions of this Ordinance; 
 
 7. The expression "inspection certificate" means the annuar^in^gecUon 
 certificate of the inspection of any boiler issued by an. 
 inspector ; 
 
 8. The expression "certificate" means the provisional or "Certificate- 
 final certificate of qualification issued to any engineer under 
 
 the provisions of this Ordinance. 1901, c. 7, s. 2. 
 
1128 
 
 STEAM BOILERS 
 
 Appointment 
 of inspectors 
 
 INSPECTIONS. 
 
 3. The Lieutenant Governor in Council may appoint an 
 inspector or inspectors of steam boilers for the Territories for 
 the purpose of carrying out the provisions of this Ordinance 
 and may fix the remuneration to be paid such inspector or 
 inspectors. 1901, c. 1, s. 3. 
 
 4. ISTo person holding the office of inspector under the 
 
 Inspectors to 
 hare no 
 
 saie^o/boiiers Provisions of this Ordinance shall be either directly or 
 macWnery indirectly interested in the sale of boilers or steam machinery. 
 1901, c. 7, s. 4. 
 
 Oath of office 
 to be taken 
 
 Inspectors 
 may enter 
 premises 
 
 5. Every inspector appointed under the provisions of this 
 ' Ordinance shall before entering upon the performance of his 
 
 duties take and subscribe an oath that he vrill faithfully and 
 impartially perform the duties of his office. 1901, c. 7, s. 5. 
 
 6. For the purpose of seeing that the provisions of this 
 Ordinance are complied with any of the inspectors appointed 
 under this Ordinance may at any reasonable hour enter upon 
 any lands or into any building where any steam boiler is 
 operated. 1901, c. 7, s. 6. 
 
 iSpector"^ 7. Ally person interfering with or obstructing any inspector 
 in the performance of his duties under this Ordinance shall be 
 guilty of an offence and liable on summary conviction to a 
 penalty not exceeding $50< 1901, c. 7, s. 7. 
 
 Record to 8. Every inspector shall keep a true record of all boilers 
 
 inspected and all repairs ordered by him, of all boilers 
 condemned by him as unsafe, of all accidents to boilers in his 
 district whether by explosion or otherwise and of all casualties 
 in connection with boilers in his district. 1901, c. 7, §. 8. 
 
 Annual report 9. Every inspector shall render annually on or before the 
 thirty-first day of January in each year a concise report to the 
 commissioner of all inspections made by him during the 
 preceding year and of all accidents and casualties that may 
 have happened connected with the operation of steam boilers 
 within his district. 1901, c. 7, s. 9. 
 
 Inspector may 10. Any inspector may by notice in writing signed by him 
 
 examine on '' '^ i c i ■ ■ n n i 
 
 oath require the attendance before him at a time and place to be 
 
 named in such notice of any person ; and may examine the 
 person so notified to be present on oath regarding any matter 
 connected with the inspection or operation of any boiler or any 
 accident thereto. 
 
STEAM BOILERS 1129 
 
 (2) Any person wilfully neglecting or refusing in any way 
 to comply with the notice of the inspector or to be examined 
 as aforesaid shall be guilty of an offence and liable on summary 
 conviction thereof to a fine of $25 and on nonpayment of such 
 fine forthwith after conviction to imprisonment for one month. 
 1901, c. 1, 8. 10. 
 
 11. Every boiler in the Territories shall be inspected at Boilers to bo 
 least once in each calendar year by an inspector at such time kn'nuaiiy'^ 
 as the inspector may see fit. 
 
 (2) If the owner of any boiler proves to the satisfaction of 
 the inspector that his boiler has not been operated since the 
 date of the previous inspection and is in as good condition as 
 when inspected the inspector may issue a new inspection 
 certificate without inspecting the boiler and may remit the fee 
 for inspection hereinafter provided for. 1901, c. 7, a. 11. 
 
 13. Upon completion of his inspection the inspector shall inspection 
 issue to the owner of the boiler an inspection certificate; and to issue 
 the owner shall pay the inspector a fee of $5 for such inspection 
 and the issue of such certificate. 
 
 (2) Any owner neglecting or refusing to pay the inspector 
 such fee shall be 'guilty of a breach of this Ordinance. 
 
 (3) The inspection fee may be remitted in the case of small 
 boilers operated by private individuals to operate cream 
 separators. 
 
 (4) Such inspection certificate shall he prima facie evidence 
 of the due inspection of the boiler and of its fitness to he 
 operated and the possession of such certificate shall authorise 
 the operation, of such holler from the date of such certificate 
 until its inspection in the next foUoiving year. 1901, c. 7, s. 
 12; 1903, Sess. 2, c. 4, s. 1. 
 
 13. The inspection certificate shall be exposed in a conspi- p^o^^ietion 
 cuous place in the boiler or engine room of every stationary*''"™"* 
 boiler and shall be produced at any time by the owner or 
 operator of any portable boiler upon demand of the inspector. 
 
 (2) Any owner refusing or neglecting to post up or produce 
 the inspection certificate shall be guilty of an offence and 
 liable upon summary conviction to a penalty not exceeding 
 $25. 1901, c. 7, s. 13. 
 
 14. Any owner who operates a boiler without being in operating 
 possession of an inspection certificate shall be guilty of anj^ithmit^^ 
 offence and liable upon summary conviction thereof to a^ertifioate 
 penalty of not less than $25 and not more than $100. 1901, 
 
 c. 7, s. 14. 
 
1130 
 
 STEAM BOILBES 
 
 15. The provisions of this Ordinance respecting the 
 
 Certain boilers 
 exempted 
 
 operation of inspection of boilors shall not apply to any boiler insured and 
 18 r mance inspected by any duly incorporated boiler insurance company 
 doing business in Canada if the owner or owners of such boiler 
 shall when required by an inspector appointed under the 
 provisions of this Ordinance produce the certificate of inspec- 
 tion for the current year from such company. 1901, c. 7, s. 15. 
 
 Unsafe boiler 
 not to be used 
 
 Boiler in 
 course of 
 construction 
 or repair may- 
 be examined 
 
 Inspector to 
 have free 
 access for 
 inspection 
 
 Owner or 
 
 opfirator to 
 
 assist 
 
 inspector 
 
 16. Any boiler declared to be unsafe by an inspector shall 
 not be used until such repairs as are ordered by the inspector 
 have been made and the certificate required hereunder duly 
 issued; and any person operating a boiler declared to be imsafe 
 by an inspector before the repairs ordered by the inspector are 
 completed and the certificate issued shall be guilty of an offence 
 and upon summary conviction thereof liable to a penalty of 
 $50. 1901, c. Y, 8. 16. 
 
 17. Inspectors shall have the right at all reasonable hours to 
 examine boilers in course of construction or undergoing repair 
 and to refuse to grant a certificate of inspection for any 
 boiler found to be improperly constructed or repaired or of 
 which permission to make such inspection has been refused. 
 1901, c. 7, s. 17. 
 
 18. The owner or operator of any steam boiler shall allow 
 the inspector free access to the same ; and shall furnish water 
 and fill the boiler to permit of the hydrostatic test being made 
 and when necessary shall remove any jacket or covering from 
 the boiler as directed by the inspector ; he shall also assist the 
 inspector in making his inspection and shall point out any 
 defect that he may know of or believe to exist in the boiler 
 or the machinery connected therewith. 
 
 (2) Should any owner refuse or neglect to furnish the 
 necessary water and fill the boiler for inspection the inspector 
 may have such work done at the expense of the owner. 1901 
 
 c. 7, s. 18. 
 
 steam guage 19. Every steam boiler shall be provided with a reliable 
 steam gauge of approved make. 
 
 (2) Such steam gauge shall be tested by the inspector and 
 set to agree with his standard gauge. 1901, c. 7, s. 19. 
 
 Provision of 
 fusible plug 
 
 30. Every steam boiler shall be provided with a fusible 
 plug of good banca tin inserted in the flues .or other portion of 
 the boiler exposed to heat from the furnace when the water 
 therein falls below the limit allowed by this Ordinance. 1901 
 c. 7, s. 20. 
 
STEAM EOILEES 1131 
 
 31. Every boiler shall be provided with a lock pop safety Provision of 
 valve of approved make which shall be set by the inspector at^afetHaive 
 the time of his inspfectiou and properly locked and sealed. 
 
 (3) Any person removing, destroying or- in any way inteT- 
 fering with the lock or sealing device on any lock pop safety 
 valve after it has been locked and sealed by an inspector shall 
 be guilty of an offence and liable upon summary conviction 
 thereof to a penalty of $50. 1901, c. 1, s. 21. 
 
 23. Every owner of a boiler shall at once report to the Owner to 
 
 ... . , , -■■ report 
 
 nearest mspector any accident or casualty which may happen accidents 
 in connection with the operation of his boiler ; and any owner 
 who neglects to so notify the inspector shall be guilty of an 
 offence and liable upon summary conviction thereof to a fine 
 not exceeding $10. 1901, c. 7, s. 22. 
 
 33. In inspecting boilers as herein provided the iiispect-or^'P^*^jf^=j°fg 
 shall : 
 
 (a) Satisfy themselves by a thorough examination inside 
 and out that the boilers are properly constructed and 
 of good and suitable material; 
 
 (b) Subject the boilers to such hydrostatic pressure and 
 hammer tests as may be necessary to determine the 
 safe working pressure at which they may be operated ; 
 
 (c) See that openings for the passage of water and steam 
 respectively and all pipes and tubes exposed to heat 
 are of proper dimensions and free from obstruction ; 
 
 'd) See that the flues are circular in form; 
 
 (e) Satisfy themselves that the friction (fire line) of the 
 furnace is at least two inches below the prescribed 
 minimum water line of the boiler; 
 
 (/) See that the arrangements for delivering the feed 
 
 water are such that the boilers cannot be injured 
 
 thereby ; 
 (g) Satisfy themselves that such boilers and their steam 
 
 connections may be safely employed without peril to 
 
 life; 
 (h) See that the boilers are provided with lock pop safety 
 
 valves of proper size and properly placed ; 
 
 (i) See that the pop safety valve is properly adjusted so 
 as to permit of no greater steam pressure in the 
 boiler than the pressure allowed by the inspection 
 certificate and that the valve is properly locked and 
 sealed ; 
 
1132, 
 
 STEAM BOILEES 
 
 (/) See that tlic boiler is provided with a steam gauge of 
 approved make and test and set such gauge so as to 
 agree with standard gauge; 
 
 (/.;) See that the* boiler is provided with a sufEcient num- 
 ber of gauge cocks and a properly inserted fusible 
 plug so placed as to fuse by the heat of the furnace 
 whenever the water in the boiler falls below its 
 prescribed limits; 
 
 (l) Satisfy themselves that adequate and certain provi- 
 sion has been made for an ample supply of water to 
 feed the boiler at all times so that in high pressure 
 boilers the water shall not be less than four inches 
 above crown of flue sheet in upright boilers ; 
 
 (711) Satisfy themselves that means for blowing out are 
 provided so that mud and sediment may be removed 
 while the boiler is under steam; 
 
 (n) See that the boilers are provided with the necessary 
 number of "man holes" of proper size to permit of 
 the inside of boilers being examined and properly - 
 cleaned ; 
 
 (0) See that the setting of stationary boilers is properly, 
 constructed so as to prevent accident due to failure 
 of walls or any other parts of such setting. 1901, c. 
 7, s. 23. 
 
 Hydrostatic 
 
 tests 
 
 34. In subjecting boilers to hydrostatic pressure inspectors 
 shall assume one hundred and twenty-five pounds to the 
 square inch as the maximum pressure allowable as a working 
 pressure for new boilers of forty-two inches in diameter made 
 in the best maimer of plates one-fourth of an inch thick of 
 good materials and double riveted. 1901, e. 7, s. 34. 
 
 Working 
 pressure of 
 boiler 
 
 35. Inspectors shall rate the working pressure of all boilers 
 according to their strength as compared with the standard 
 provided in the preceding section; but the M'orking pressure 
 allowed in the operation of any boiler shall not exceed three- 
 fourths of the hydrostatic test pressure to which such boiler 
 has been subjected at the time of the inspection. 1901, c. Y, 
 s. 26. 
 
 r^epaf/boiier ^^' ^^^ addition to the annual inspection of all boilers 
 
 when required required by this Ordinance it shall be the duty of each 
 
 inspector to examine and inspect at any time any boilers 
 
 which may be reported to him to be in an unsafe condition 
 
STEAM BOILERS 1133 
 
 and to notify in writing the owner or person using such 
 boiler to make such repairs as lie may deem necessary in 
 order to render such boiler serviceable and safe for use. 
 1901, c. 7, s. 26. 
 
 ENGINEERS. 
 
 37. Anyone not holding a iinal or provisional certificate of Operating 
 
 . . ° '^ boilers 
 
 qualihcation as an engineer or a permit under this Ordinance without 
 
 ^ . ^ ^ _ certificates 
 
 who at any time operates any steam boiler or is in charge of 
 any steam boiler while in operation whether as owner or as 
 engineer shall be liable on summary conviction to a penalty 
 of not less than $5 and not more than $50. 1901, c. 7, s. 27. 
 
 38. Any person who holds a certificate of qualification as certificates to 
 an engineer from any incorporated body authorised to grant i,o,a 
 
 . . . . . certificates of 
 
 such certificates of qualification for operating steam boilers quaiiflcatiou 
 and engines or from the Dominion or any provincial govern- 
 ment or from any competent authority in any other portion of 
 the British Empire or the United States shall be entitled 
 upon making application to the commissioner accompanied by 
 such evidence of his qualification as may be required by the 
 commissioner and upon payment of a fee of $3 to obtain a 
 certificate of qualification as an engineer in the class deter- 
 mined by the commissioner and to be registered under the 
 provisions of this Ordinance. 1901, c. 7, s. 28. 
 
 39. Any person on application and upo7i showing to the proYisionai 
 satisfaction of the commissioner that he has been engaged in 
 
 the operation of a steam boiler or boilers for at least two years 
 before the date of his application and upon producing a 
 certificate of uniform good conduct and sobriety from the 
 oiuner or owners by whom he has been employed or from some 
 other reliable person or upon producing satisfactory evidence 
 that he has had at least one year's experience in the operation' 
 of a steam boiler or boilers and a centi/icate of an inspector 
 certifying that he has been examined in the theory and 
 practice of operating a steam boiler and found duly qualified 
 may upon payment of a fee of $3 be granted a provisional 
 certificate of qualification valid for a period of one year from 
 the date thereof. 
 
 (2) The commissioner may upon the recommendation of an 
 inspector and upon payment of the fee of $3 grant a second 
 provisional certificate valid for a period of one year from its 
 date to any person who has submitted to an examination in 
 accordance with the provisions of section 31 but has failed to 
 
2 
 
 f 
 I 
 
 1134 STEAM BOILERS 
 
 receive from such inspector a recommendation for a final 
 certificate of qualification but no further or other provisional 
 certificate shall he granted. 1903, Sess. 2, c. 4, s. 2. 
 
 holders of 30. The holder of a provisional certificate of qualification 
 
 cerUfloates may at any time after the issue of such certificate upon the 
 
 recommendation of an inspector be granted a final certificate 
 
 of qualification as an engineer and be registered under the 
 
 provisions of this Ordinance. 1901, c. 7, s. 30. 
 
 ot^hoiders'o" ^^' Before issuing a recommendation for the registration of 
 certificates ^^'^ issue of a final certificate to the holder of any provisional 
 certificate as provided in the preceding section the inspector 
 shall thoroughly examine the holder of such provisional 
 certifi!cate as to his knowledge of the construction, care, and 
 operation of stationary steam boilers and engines and shall 
 satisfy himself of the competency of the holder of such 
 provisional certificate. 1901, c. 1, s. 31. 
 
 tolc^riiflcare ^^- The examination of the holders of the provisional 
 certificates of qualification provided for by section 29 of this . 
 Ordinance or of any person desiring to qualify as an engineer 
 as hereinafter provided and the issue of certificates to such 
 candidates as may pass such examination shall be conducted in 
 accordance with such regulations as may from time to time be 
 prescribed by the commissioner; and the commissioner shall 
 prescribe the fees to be paid for such examinations or the issue 
 of certificates to those who pass such examinations. 1901, c. 
 7, s. 82. 
 
 klspecto'™™ 33. Any candidate who considers he has been unfairly dealt 
 with by any inspector may appeal in writing to the commis- 
 sioner setting forth his grievance ; and the commissioner shall 
 at once cause such charge to be investigated and shall give a 
 decision in the matter which shall be final. 1901, c. 7, s. 33. 
 
 be'^^ported"'" ^'^' E"^ery person holding a certificate under this Ordinance 
 shall expose it in some conspicuous place in the engine or 
 boiler room in which he is employed or cause it to be attached 
 to the engine or boiler of which he is in charge ; and in default 
 shall be liable upon summary conviction to a penalty of not 
 less than $5 and not more than $20. 
 
 (2) If such person be employed in charge of a portable 
 engine and boiler he shall produce his certificate for inspection 
 on being required so to do by any inspector. 
 
STEAM BOILEES 1135 
 
 (3) The absence of sucli certificate or its nonproduction on Absence or 
 demand shall be prima facie evidence that the person operating «°n.of 
 the engine and boiler has no certificate. 1901, c. 1, s. 34. 
 
 35. Any person other than those mentioned in sections 28 '^''^'■'?/'"^™» 
 and 29 ot this Ordinance who may desire to qualify for 
 registration and to obtain a certificate entitling him to operate 
 
 steam boilers and engines connected therewith in the Terri- 
 tories shall serve twelve months as assistant to the holder of a 
 final certificate issued in accordance with the provisions of this Examination 
 
 J. . . ^ to follow 
 
 (.Ordinance ; and at the expiration of such term shall pass an 
 examination before one of the inspectors appointed under this 
 Ordinance to prove that he has the necessary knowledge of the 
 construction, care and operation of stationary steam boilers 
 and engines connected therewith. 
 
 (2) Before being entitled to such examination the said Evidence 
 assistant shall file with the inspector satisfactory evidence as 
 to the length and nature of such service. 1901, c. 7, s. 35. 
 
 36. In case any owner of a steam boiler shows to the satis- Persons acting 
 
 .... 11. Til !• '° absence of 
 
 taction of an inspector that he is unable by reason of some certified 
 imforseen occurrence to immediately secure the services of a 
 duly qualified person to operate such boiler the inspector may 
 grant a permit to any person producing satisfactory evidence 
 of good conduct and sobriety to operate such boiler for a period 
 of thirty days from the date of such permit and in such case 
 no penalty shall be incurred by reason of the holder of such 
 permit operating such steam boiler during the period covered 
 thereby. 
 
 (2) A fee of $3 shall be paid to the inspector for every such Fee for permit 
 permit issued by him. 1901, c. 7, s. 36, 
 
 37. Any one who employs a person to operate a steam operating 
 boiler who has not a certificate or permit under this Ordinance certm^te 
 shall be guilty of a breach of the provisions of this Ordinance. 
 
 1901, c. 7, s. 37. 
 
 38. The commissioner may upon due cause being shown commissioner 
 cancel any certificate issued under the provisions o± this permit 
 Ordinance. 1901, c. 7, s. 38. 
 
 39. The commissioner may from time to time make such Regulations 
 regulations and prescribe such forms as may be deemed 
 necessary for the proper carrying into effect of the provisions 
 
 of this Ordinance. 1901, c. 7, s. 39. 
 
1136 
 
 Fees 
 Penalties 
 
 Repeal 
 
 STOCK INJURED BY EAILWAY TRAINS. 
 
 40. The fees payable under this Ordinance shall be paid 
 to the general reventie fund. 1901, c. 7, s. 40. 
 
 41. Any person guilty of a breach of any of the provisions 
 of this Ordinance for which no provision is herein made shall 
 on summary conviction thereof be liable to a penalty not 
 exceeding $50. 
 
 1901,. c. 7, s. 41. 
 
 43. Chapter 17 of The Consolidated Ordinances 1898 is 
 hereby repealed. 1901, c. 7, s. 42. 
 
 STOCK INJURED BY RAILWAY TRAINS- 
 
 i5mS,'i899 An Ordinance respecting Stock Injured by Railway 
 
 Trains. 
 
 TTIHE Lieutenant Governor by and with the advice and 
 -JL consent of the Legislative Assembly of the Territories 
 
 enacts as follows: 
 
 Notices to 
 be given when 
 stock killed 
 or injured 
 
 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 ag'ent of 
 the railroad company upon whose line 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. C. O. 88, s. 1. 
 
 be°posted ^* The agent shall in all cases forthwith post in a public 
 
 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. 
 C. 0. 83, s. 2,. 
 
 Penalty 
 
 3. Any person infringing any of the provisions of this 
 Ordinance shall be liable on summary conviction thereof to a 
 penalty of not more than $50. C. 0. 83, s. 3. 
 
STOCK INSPECTION 1137 
 
 STOCK INSPECTION. 
 
 An Ordinance respecting the Inspection of Stock. ^i^^^iil\ag9 
 
 [Assented to April 29, 1899.] 
 
 rriHE Lieutenant Governor by and with the advice and 
 -■- consent of tlie Legislative Assembly of the Territories 
 enacts as follow^s: 
 
 SHORT TITLE. 
 
 1. This Ordinance may be cited as "The Stock Inspection shoTttme 
 Ordinance 1899." 1899, c. 19, s. 1. 
 
 INTEEPEETATION. 
 
 3. 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 expression "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. 1899, c. 19, s. 2. 
 
 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. 1899, ^ ""^ 
 
 c. 19, s. 3. 
 
 4. An inspector of stock may by writing under his hand Deputy 
 
 ^ 1 1 , • i J? i 1 inspectors of 
 
 appoint one or more persons to be deputy inspectors ot 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. 1899, c. 19, s. 4. 
 
 5. Inspectors and deputy inspectors shall for the purposes inspectors^^ 
 of this Ordinance have the powers of constables. 1899, c. constables 
 19, s. 5. 
 
1138 
 
 STOCK INSPECTION" 
 
 INSPECTION BEFOEE SHIPMENT. 
 
 fn^p^oted"* 6. No person shall place any stock in a railway car unless 
 
 before shipped g^^gjj stock has first been inspected by an inspector of stock 
 and such inspector has issued a certificate in or to the effect 
 of form A in the schedule hereto. 1899, c. 19, s. 6. 
 
 Evidence o( 
 right to 
 possession of 
 stock to be 
 produced 
 
 '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 (certifi- 
 cate 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 memorandum setting forth the age, sex and 
 description of each animal and stating from whom each animal 
 was originally acquired by him or his agent. 1899, c. 19, s. 7. 
 
 Cancellation 
 of certificate 
 of inspection 
 improperly 
 issued 
 
 8. In case any inspector has reason to believe that any 
 certificate 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. 1899, c. 19, s. 8. 
 
 memorandum* ^" '^^® inspector before 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 
 as to them already been cancelled) cancel and retain such 
 memorandum; if the memorandum relates to more animals 
 than those about to be shipped and has not been previously 
 cancelled the inspector shall cancel it as to the animals about 
 to be shipped and return it to the person who produced it to 
 him. 1899, c. 19, s. 9. 
 
 Inspection fee 10. The inspector 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. 1899, c. 19, s. 10. 
 
stock inspection 1139 
 
 butcher's eecoed. hides. 
 
 11. Every butcher shall keep a record of all cattle slaugh- Butchers to 
 tered by or for him, naming therein the person from whom ot'cattle'""' 
 obtained and his place of residence, and the age, sex, brands ^'''"^'''^™'^ 
 (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. 1899, c. 19, s. 11. 
 
 13. Every butcher shall keep the hides of all cattle slaugh- Hides to 
 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. 
 1899, c. 19, s. 12. 
 
 13. Every person other than a butcher who slaughters any Hides ot 
 head of cattle shall preserve the hide of the same for a period slaughtered by 
 of thirty days and shall produce the same for the inspection butchers 
 
 of 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. 
 1899, c. 19, s. 13. 
 
 14. Every person shall keep a record of all hides of cattle Purchasers of 
 obtained by him, which record shall state : keep record 
 
 (a) The date of each such purchase; 
 
 (&) The name and place of residence of the person from 
 whom purchased; 
 
 (c) All brands and marks on such hides, s;^ecifying 
 distinctly whether the brands are vented or not ; 
 
 which record shall at all times be open to inspection by any 
 person. 1899, c. 19, s. 14. 
 
 15. JSTo person other than the owner of such animal or his Removal of 
 agent shall remove the hide from the carcass of any animal animals 
 found dead. 1899, c. 19, s. 15. 
 
 INSPECTOIf's KETUEN. 
 
 16. Every inspector appointed under the provisions of this inspector's 
 
 Ordinance shall on or before the fifteenth day of January in 
 each year make a return to the commissioner setting forth the 
 
 return 
 
1140 
 
 STRAY ANIMALS 
 
 fees and emoluments received under this Ordinance for the 
 year next preceding, and shall at all times furnish to the 
 commissioner on demand therefor any information he may 
 require. 1899, c. 19, s. 16. 
 
 PENALTIES. 
 
 hTeachJf'^ ^'^' ^^y person contravening any of the provisions of this 
 Ordmance Ordinance shall be guilty of an offence and on summary 
 
 conviction thereof shall be liable to a penalty, not exceeding 
 
 $100. 1899, c. 19, s. 17. 
 
 Repeal 
 
 MISCELLANEOUS. 
 
 18. Sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 
 
 26 of chapter 76 of The Consolidated Ordinances 1898 are 
 hereby repealed. 1899, c. 19, s. 18. 
 
 Date of effect 19. This Ordinance shall come into force on the first day 
 of July, 1899. 1899, e. 19, s. 19. 
 
 SCHEDULE. 
 
 at 
 
 EORM A. 
 
 The Stock Inspection Ordinance. 
 
 A.D. 1 
 head of stock 
 
 I have this day inspected for 
 
 described as follows: 
 
 {Here state aqe, sex and brands/ of each animal.) 
 
 Inspector of Stoclc. 
 
 1899, c. 19. 
 
 CO. 1898, 0. 80 
 15 March, 1899 
 
 STRAY ANIMALS. 
 
 An Ordinance respecting Estray Animals.' 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
STRAPS ANIMALS 1141 
 
 SlIOET TITLE. 
 
 !• This Ordinance may be cited as "The Stray Animals short title 
 Ordinance." C. O. 80, s. 1. 
 
 INTEEPKETATIOH". 
 
 2. In this Ordinance unless the context otherwise requi'res: 
 
 1. The ^expression "department" means the department of "Department" 
 agriculture ; 
 
 2. The expression "minister" means the member of the " Minister " 
 executive council to whom is assigned from time to time the 
 
 duty of administering the department of agriculture; 
 
 3. The expression "cattle" means any bull, cow, ox, heifer, "Cattie" 
 steer or calf; 
 
 4. The expression "horse" means any horse, mare, gelding, "Horses" 
 colt, filly, ass or mule; 
 
 5. The expression "sheep" means any ram, ewe, wether or" sheep" 
 lamb ; 
 
 6. The expression "animal" means any head of cattle, "Animal" , 
 horse, sheep, goat, swine or goose ; 
 
 7. The expression "estray" means any animal found on the"Estray" 
 premises or in the herd, band or flock of any person other than 
 
 its owner; 
 
 8. The expression "justice" means any justice of the peace; "Justice" 
 
 9. The expression "owner" means any person owning any" owner" 
 animal or agent or overseer of any such owner; 
 
 10. The expression "finder" means any person who finds he "Finder" 
 has an estray on his premises or in his band, herd or flock ; 
 
 11. The expression "run at large" or "running at large" "Running 
 means without being under control of the owner either by"^ 
 being in direct or continuous charge of a herder or by confine- 
 ment within any building or other inclosure or a fence whether 
 
 the same be lawful or not. C. O. 80, s. 2. 
 
 PEOCEDUEE. 
 
 3. Any person who finds he has on his premises or in his wiiere owner 
 band, herd or flock any estray animal (other than a stallion or 
 bull) the owner of which is known to him, which cannot be 
 driven away from such premises^ band, herd or flock shall at 
 
1142 
 
 STEAY AHIMALS 
 
 Where owner 
 ig not known 
 or where 
 owner does 
 not remove 
 animal 
 
 Notice to 
 be given 
 
 Advertising 
 
 once notify such owner through the mail and such owner 
 within ten days after being so notified shall remove his animal 
 from such premises, band, herd or flock. 0. 0. 80, s. 3. 
 
 4. Any person who finds he has on his premises or in his 
 band, herd or flock any estray animal (other than a stallion or 
 bull) the owner of which is unknown to him, which cannot be 
 driven away from such premises, band, herd or flock, or any 
 such animal the owner of which is known to him which is 
 not removed from the said premises, band, herd or flock within 
 ten days after such owner has been notified as provided in the 
 section next preceding, shall at once forward to the department 
 a notice to the effect that such animal is on his premises or in 
 his band, herd or flock (as the case may be) which notice shall 
 contain the name, location and post ofiice address of the flnder 
 and a full description of the animal with all. its marks (natural 
 or artificial), colour and probable age with any other remark 
 which may lead to its identification; and such notice shall be 
 published for two consecutive insertions in the official gazette 
 and a copy of each issue containing such notice shall be 
 forwarded to every post ofiice and every post of the North- 
 West Mounted Police in the Territories and a copy of the same 
 shall be forwarded with every copy of the said gazette. 
 
 (2) In addition to the notice forwarded for insertion in the 
 said gazette the finder of any such animal as is described in the 
 first subsection to this section may cause a copy of the notice 
 to be inserted in three successive weekly issues of the nearest 
 newspaper and any expenditure (not exceeding the sum of $1) 
 made for such advertising shall be reimbursed to the finder by 
 the owner when the animal is claimed or, if not claimed, by the 
 justice after the sale of such animal upon proof of such 
 expenditure having been made. C. 0. 80, s. 4. 
 
 Owner may 
 recover animal 
 on tender 
 of expenses 
 
 What 
 
 expenses are 
 allowed 
 
 5. The owner of any such estray animal shall be entitled to 
 recover the same from any person in whose possession it may 
 be upon tender of the amount of the expenses incurred up to 
 the time of such tender from the day on which notice was 
 given of the finding of the animal. 
 
 (2) Such expenses shall consist of the sums prescribed by 
 this Ordinance * * * * and no other; and 
 
 if it is made to appear in any proceedings taken for the 
 recovery of any such estray animal that tender was made to 
 the finder by or on behalf of the owner of the animal of the 
 amount of the expenses to which tlic said finder is lawfully 
 entitled and that such tender was refused, the finder shall 
 thereby forfeit all claim to such expenses in addition to any 
 other penalty to which he may be liable. 
 
STEAY ANIMALS 1143 
 
 (3) Before delivering the animal to the person claiming to 
 he the owner thereof the finder may require from him d 
 statutory declaration stating that he is the owner of the said 
 animal. C. O. 80, s. 5 and 1900, c. 30, ss. 1 and 2,. 
 
 6. In case the owner of such animal and the tinder arei^ettiementof 
 unable to agree as to the amount of such expenses they shall expenses 
 forthwith proceed in the following manner: both parties at 
 
 any time within three days shall appear before the nearest 
 accessible justice to the place where the animal was found or 
 such other justice as the parties may mutually agree to appear 
 before and upon hearing the statements of the parties upon 
 oath or otherwise as to the justice shall seem advisable such 
 justice shall determine the amount of the expenses payable in 
 the matter and such determination of the justice shall be linal 
 and conclusive between the parties. 
 
 (2) Such justice shall be entitled to a fee of $1 for Justice's fee 
 
 for settlement 
 
 determining such expenses which shall be paid by the party of disputes 
 against whose contention the justice determines. 
 
 (3) In default of the payment of the expenses so determined Penalty for 
 and the justice's fee as aforesaid within a time to be stated by payment of 
 the justice, the justice shall sell or cause such animal to be 
 
 sold by public auction either by the nearest accessible pound 
 keeper or by any person authorised by him in writing to sell 
 such animal and such justice out of the proceeds of such sale 
 shall first pay the expenses of sale and advertising and justice's 
 fees and then the costs of keeping (if any are allowed) to the 
 finder and the balance to the owner (if knovsTi), otherwise to 
 the minister. 
 
 (4) The justice of the peace shall immediately after the Report to 
 sale send to the department a return in form B in the schedule "^^^"^ ™''" 
 hereto. 
 
 (5) The finder of any animal shall on the request of ^/le information 
 minister furnish him with such ijiformation as he may require ^nOer'^^ ^ 
 in regard to such animal and the disposal of the same. C. O. 
 
 80, s. 6 and 1900, c. 30, ss. 3 and 4. 
 
 7. Any money paid to the minister under the provisions of Payment 
 the section next preceding or the section next following shall ° p™"'^'^ ® 
 be paid over to the owner of the animal sold on evidence 
 (satisfactory to the minister or other officer appointed, to 
 examine into the same) being furnished and application. 
 therefor being made to the Lieutenant Governor within twelve 
 months from the date of the sale otherwise such money shall 
 
 form part o£ the general revenue fund. C. 0. 80, s. 7 and 
 1900, c. 30, s. 5. 
 
1144 
 
 STEAY ANIMALS 
 
 When animal 8. If such estrav animal is not claimed within six months 
 
 may be sold ■' ■•tic 
 
 after the date of the first pnblication of the notice provided for 
 in section 4 of this Ordinance the iinder within sixty days 
 thereafter shall make application to a justice in form A in the 
 schedule hereto verified under oath before the said justice and 
 the said justice may proceed to sell the animal and deal with 
 the proceeds in the manner provided in subsectioji 3 of section 
 6 of this Ordinance. 
 
 Duties of 
 justice 
 
 Return by 
 justice 
 
 Procedure 
 at sale 
 
 (2) Before proceeding to such sale the said justice shall 
 examine the animal and the brands thereon if any and the 
 notice in the official gazette provided for hy section 4 hereof, 
 and if on such examination the justice is satisfied that such 
 notice contains an accurate and sufficient description of the 
 animal he shall proceed to sell the same ; hut if not so satisfied 
 the justice shall direct the finder to insert m the official gazette 
 a notice containing an accurate and sufficient description of the 
 animal which notice shall he the notice required hy section J^ 
 hereof ; and tlxe finder shall not he entitled to receive any 
 com.pensation for anything done prior to the mailing to the 
 official gazette of the last mentioned notice. 
 
 (3) The said justice shall immediately after the sale send to 
 the department a return in form B in the schedule hereto. C. 
 0. 80, s. 8 and 1900, c. 30, s. 6. 
 
 9. At the time and place appointed for the sale of any 
 estray animal the finder shall attend with such animal and 
 shall with the animal present a statement of the fees for 
 keeping and expenses incurred in connection with such animal 
 t/) the justice or other person authorised by the justice to offer 
 the animal for sale. C. 0. 80, s. 9. 
 
 FEES. 
 
 Authorised 
 fees 
 
 10. Tlie following and no other shall he the fees payable 
 under this Ordinance : 
 
 To the Findei 
 
 For the care and sustenance of horses, no charge whatever 
 shall he allowed; 
 
 For the care and sustenance of every head of swine, ten 
 cents per day from date of mailing of notice to the owner or to 
 the official gazette; 
 
 For the care and sustenance of any goose, goat, sheep or 
 head of cattle during the period from the fifteenth day of 
 
STRAY ANIMALS 1145 
 
 November to the fifteenth day of April, five cents per day from 
 the date of mailing of notice to the owner or to the official 
 gazette; hut not exceeding $2 for any goose, goat or sheep, or 
 $5 for any head of cattle; 
 
 For advertising in a newspaper, the amount actually 
 expended not exceeding $1; 
 
 For mileage to and from place of sale, ten cents per mile for 
 each mile necessarily travelled but not exceeding thirty miles; 
 
 For postage, the amount actually and necessarily expended. 
 
 To the Justice 
 
 For preparing and posting notices of sale $1; 
 For, preparing application and administering oath, $1; 
 For postage and exchange or commission on transmission of 
 proceeds of sale, the amount actually expended. 
 
 To the Salesman 
 
 Two and one-half per centum of the amount realised by the 
 sale. 1900, c. 30, s. 7. 
 
 OFFENCES AND PENALTIES. 
 
 11. If any person commit any of the next following offences penalty 
 he shall on summary conviction thereof before c. justice of the 
 peace be liable to a penalty not exceeding $100 : 
 
 1. Takes, rides or drives off any horse or head of cattle ''*^®"*'®'^ 
 belonging to another without the owner's consent ; 
 
 2. When taking his own animal from pasture, without the 
 owner's consent takes or drives off the animal of any other 
 person grazing with his own; 
 
 3. Causes or allows any horse or head of cattle belonging to 
 another party (without consent of such party) to be driven 
 with his band or herd more than five miles from its grazing 
 place : 
 
 Provided that if the owner of any animal in taking it from 
 pasture finds it necessary to drive other animals a greater dis- 
 tance than five miles before he can separate his own animal 
 from among them, he shall not be liable to the penalties 
 imposed by this section if he at once drives back such animals 
 to the place from which he drove them; 
 
 4. Demands or receives any sum for keep of any animals or 
 any fee or charge not authorised by this Ordinance ; 
 
1146 
 
 STRAY ANIMALS 
 
 Penalty 
 against owner 
 failing to 
 remove 
 
 5. Neglects to provide sustenance for any estray animal 
 while such animal is to his knowledge upon his premises or in 
 his band, herd or flock; 
 
 6. Eescues, incites or attempts to rescue any animal without 
 payment of the fees due for keep and other expenses incurred 
 by the finder on account of such animal ; 
 
 7. Hides, drives or otherwise works or uses for his own 
 pleasure or benefit any estray horse or ox captured or detained 
 under any of the provisions of this Ordinance ; 
 
 8. IsTeglects to promptly notify the owner (if such owner, is 
 known) or if such owner after due notification does not take 
 away his animal or (if such owner is not known) neglects to 
 forward the notice provided for in section 4 of this Ordinance 
 to the department on finding an estray animal on his premises 
 or in his band, herd or flock ; , 
 
 9. Being the finder purchases in person or by his agent or 
 has any interest of any kind,in any animal sold under the 
 provisions of this Ordinance. 
 
 (2) The owner of any horse who neglects to remove the 
 same from the -premises where it has been found within fifteen 
 days after he has been notified under the provisions of section 
 3 hereof shall be liable to a penalty of $1 for each day during 
 which such neglect continues after the expiration of the said 
 fifteen days. C. 0. 80, s. 11 and 1900, c. 30, s. 8. 
 
 13. jSTothing in the preceding section shall prevent the 
 owner of any animal taken, ridden or driven off, improperly 
 treated or worked as aforesaid, bringing a civil action for 
 damages in addition to any penalty imposed hereunder. 0. 
 0. 80, s. 12. 
 
 No rights 
 impaired 
 
 13. Nothing in this Ordinance relating to estray animals 
 shall impair the rights, powers or procedure given under any 
 Ordinance respecting the seizure, driving, impounding or 
 selling animals running at large or doing damage. C. O. 80, 
 s. 13. 
 
 SCHEDULE. 
 EOKMA. 
 
 To A.B. a justice of the peace in and for the North-West 
 Territories. 
 
STEAY ANIMALS 1147 
 
 The applicant avers that on the day of 
 
 1 , {7iaming the date of capture) he found a 
 (description of animal found) on his premises ( or band, herd 
 or flock as the case may he) ; 
 
 That he is unable to drive such animal away from his pre- 
 mises, (or band, herd or flock as the case may be) ; 
 
 That he has given the notices required by The Stray Animals 
 Ordinance; 
 
 That the notice was published in the issue of the official 
 gazette dated {date of first issue of gazette containing notice) j 
 
 That six months have elapsed without the said animal having 
 been released by the payment to the applicant of the moneys 
 he is entitled to be paid under the provisions of the said 
 Ordinance ; 
 
 That the applicant prays that the said animal may be sold 
 at a time not earlier than the eighth day after the date of this 
 notice. 
 
 {Sig7iature of captor.) 
 
 I (name the finder) the applicant above named make oath 
 and say that the facts set forth in the above application are 
 true in substance and fact. 
 
 (Signature of captor.) 
 
 Sworn before me "1 
 at I 
 
 this day j 
 
 of 1 ) 
 
 A.B..J.P. G. 0. 80, Fo-m A. 
 
1148 STEAY ANIMALS 
 
 FORM B. 
 Return of animals sold under The Stray Animals Ordinance. 
 
 INFORMATION EEQUIEED BY 
 DEPARTMENT. 
 
 Class of animal 
 
 General description and brands (if any) . 
 
 Name and address of finder. 
 
 Date of capture. 
 
 DETAILS 
 PITKNISHED BY 
 JUSTICE. 
 
 Dates of gazettes containing notices. . . 
 
 Date of sale 
 
 
 
 
 Number of days' keep 
 
 
 Total amount realised 
 
 $ 
 
 
 
 Commission on sale 
 
 $ 
 
 
 
 Justices' fees 
 
 $ 
 
 
 
 Keep 
 
 $ 
 
 
 
 Number of miles to sale 
 
 
 
 
 Mileage at 10 cents per mile 
 
 $ 
 
 Postage and exchange 
 
 $ 
 
 
 
 Amount sent to Department 
 
 $ 
 
 
 
 J. P. 
 
 Date. 
 
 Post office . 
 
 1900, c. 30, s. 9. 
 
SUCCESSION DUTIES. 1149 
 
 STREAMS. 
 
 See POLLUTION of steeams. 
 
 SUCCESSION DUTIES. 
 
 An Ordinance to provide for the Payment of Succes-i903,seas.2,o.5 
 
 ■L . . 21 Nov., 1903 
 
 sion Duties m certain cases. 
 
 \_Assented to November 21, 1903.'] 
 
 THE 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 Succession Duty short title 
 Ordinance." 1903, Sess. 2, c. 5, s. 1. 
 
 3. This Ordinance shall apply to the estates of persons Application 
 dying after it comes into effect. 1903, Sess. 2, c. 5, s. 2. 
 
 3. In this Ordinance and any regulations passed thereunder interpretation 
 unless the context otherwise requires : 
 
 1. The word "property" includes real and personal propertyproperty 
 of every description and wheresover situate and every estate 
 
 or interest therein capable of being devised or bequeathed by 
 will or of passing on the death of the owner to his heirs or 
 personal representatives ; 
 
 2. The expression "aggregate value" means the value of the^gg™gate 
 property before any debts or other allowances or exemptions 
 
 are deducted therefrom and for the purposes of subsections 
 (3"). (4) and (5) of section 5 includes property outside of 
 the Territories; 
 
 3. The expression "dutiable value" means the value of the Dutiable value 
 property after the debts or other allowances or exemptions 
 authorised by this Ordinance are deducted and in determining 
 
 the dutiable value of the estate of a deceased the value shall 
 be taken as at the date of the death of the deceased and 
 allowance shall be made for reasonable funeral expenses and 
 for debts and incumbrances which shall be deducted from the 
 value of the property but no allowance shall be made : 
 
 (a) For debts incurred by the deceased or incumbrances 
 created by a disposition made by the deceased unless 
 
11^0 SUCCESSION DUTIES 
 
 such debts or incumbrances were incurred or created 
 bona fide for full consideration in money or money's 
 worth wholly for the deceased's own use and benefit 
 and take effect out of his interest; or 
 
 (b) For any debt in respect whereof there is a right to 
 reimbursement from any other estate or person unless 
 such reimbursement cannot be obtained ; or 
 
 (c) More than once for the same debt or incumbrance 
 charged upon different portions of the estate; or 
 
 (d) For the expenses of administration except the 
 expenses of procuring letters probate or letters of 
 administration; or 
 
 (e) For the expenses of the execution of any trust created 
 by the will of a testator. 
 
 """" 4. "Court" shall mean the supreme court of the North- 
 
 West Territories ; 
 
 5. "Judffe" shall mesT. a iudge of the said court. 1903, 
 bess. 2, c. 5, s. 6. 
 
 o?dS)ce '*' -^^^^ Ordinance shall not apply as respects the payment 
 
 does not apply gf duty : 
 
 1. To any estate the value of which after the allowances 
 authorised by this Ordinance does not exceed five thousand 
 dollars; nor 
 
 2. To any estate in respect of property passing by will or 
 intestacy or otherwise to or for the use of the father, mother, 
 brother, sister, husband, wife, child, grandchild, daughter-in- 
 law or son-in-law of the deceased or to any person or persons 
 adopted before the age of twelve years by the deceased as his 
 child or children or to any person to whom deceased for not 
 less than ten years prior to his death stood in the acknowledged 
 relation of parent where the aggregate value of the property 
 of the deceased does not exceed twenty-five thousand dollars. 
 1903, Sess. 2, c. 5, s. 4. 
 
 re^Mst'o/" ^' S^^® ^^ aforesaid the estate of any person dying after 
 
 iTabi?to '^'^'^ *^® coming into force of this Ordinance who at the time of his 
 death was domiciled in the Territories or who being domiciled 
 elsewhere died leaving property in the Territories shall be 
 subject to a succession duty to be paid for the use of the 
 Territories and for the purpose of ascertaining the amount of 
 such duty the classes of property hereinafter enumerated shall 
 be deemed to be part of the estate of the deceased : 
 
 Huccession 
 duty 
 
SUCCESSION DUTIES 1151 
 
 (a) All property situate within the Territories and any Property in 
 
 ., , . . ,or out of the 
 
 interest tnerem or income thereirom whether the Territories 
 deceased person owning or being entitled to such 
 property was at the time of his death domiciled iln 
 the Territories or elsewhere and where the deceased 
 at the time of his death was domiciled in the Terri- 
 tories all movable or personal property locally situate 
 without the Territories and any interggt therein ; ' 
 
 (h) All property situate as aforesaid or any interest P™perty.j 
 therein or income therefrom which shall be volun- transferred in 
 
 contemplation 
 
 tarily transferred by transfer made in contemplation"' d^**'' 
 of the death of the transferor or intended to take 
 effect in possession or enjoyment after such death to 
 any person in trust or otherwise or by reason of 
 which transfer any person shall become beneficially 
 entitled in possession or expectancy to any property 
 or the income thereof ; 
 
 (c) Any property taken as donatio mortis causa or under ^"""'*<'"^* 
 
 J. . . . . mortis causa 
 
 a disposition purporting to operate as an immediate or voluntary 
 
 r . , dispositions 
 
 gift inter vivos whether by way of transfer, delivery, '^^^l^of^^^^ 
 declaration of trust, or otherwise, which shall not death 
 have been iona fide made twelve months before the 
 death of deceased including property taken under 
 any gift, whenever made, of which property bona 
 fide possession and enjoyment shall not have been 
 assumed by the donee immediately upon the gift and 
 thenceforward retained to the entire exclusion of the 
 donor or of any benefit to him by contract or other- 
 wise; 
 
 (d) Any property which a person having been absolutely P'^°P«'^ty , . 
 entitled thereto has caused or may cause to be trans- pwner to 
 
 n ■ 1 • T,. 1 1 himself jointly 
 
 lerred to or vested m himself and any other person ■"^ith some 
 
 T . . 1 • 1 other person 
 
 jointly whether by disposition or otherwise, so that 
 the beneficial interest therein or in some part thereof 
 passes or accrues by survivorship on his death to 
 such other person including also any purchase or 
 investment effected by the person who was absolutely 
 entitled to the property either by himself alone or in 
 concert or by arrangement with any other person ; 
 
 (e) Any property passing under any past or future settle- Property 
 ment including any trust whether expressed in settlement 
 writing or otherwise, and if contained in a deed or 
 other, instrument effecting a settlement whether such 
 
 deed or other instrument was made for valuable con- 
 sideration or not as between the settlor and any other 
 
1152 
 
 SUCCESSION DUTIES 
 
 Annuities, etc, 
 
 Property of 
 which 
 
 deceased wag 
 competent to 
 dispose liable 
 to duty- 
 
 Particular 
 descriptions 
 not to atfect 
 general words 
 
 Amount of 
 duty 
 
 person made by deed or other instrument not taking 
 effect as a will whereby an interest in such property 
 or the proceeds of sale thereof for life or any other 
 period determinable by reference to death is reserved 
 either expressly or by implication to the settlor, or 
 whereby the settlor may have reserved to himself the 
 right by. the exercise of any power to restore to 
 himself or to reclaim the absolute interest in such 
 property or the proceeds of sale thereof or to other- 
 wise resettle the same or any part thereof ; 
 
 (/) Any annuity or other interest purchased or provided 
 either by any person alone or in concert or by 
 arrangement with any other person to the extent of 
 the beneficial interest accruing or arising by survivor- 
 ship or otherwise on the death of the deceased ; 
 
 (g) Any property of which a person was at the time of 
 his death competent to dispose ; and a person shall be 
 deemed competent to dispose of property if he has 
 such an estate or interest therein or such general or 
 limited power as would if he were sui juris enable 
 him to dispose of the property as he thiiiks fit or to 
 dispose of the same for the benefit of his children or 
 some of them, whether the power is exercisable by 
 instrument inter vivos or by will or both including 
 the power exercisable by a tenant in tail whether in 
 possession or not but exclusive of any power exercis- 
 able in a fiduciary capacity under a disposition not 
 made by himself or as mortgagee. A disposition 
 taking effect out of the interest of the person so 
 dying shall be deemed to have been made by him 
 whether the concurrence of any other person was or 
 was not required. Money which a person has a 
 general power to charge on property shall be deemed 
 to be property of which he has the power to dispose. 
 
 (2) The descriptions of properties in clauses (c), (d), (e), 
 (f) and (g) shall not be construed to restrict the generality of 
 the descriptions contained in clauses (a) and (h). 
 
 (3) Where the aggregate value of the property of the 
 deceased exceeds $25,000 so much thereof as passes by will, 
 intestacy or otherwise to or for the benefit of any one or more 
 of the persons enumerated in clause 2 of section 4 shall be 
 subject to a duty as follows: 
 
 Upon the value up to $100,000 at the rate of $1.50 for every 
 $100 of value of the whole property in excess of $25,000 ; 
 
SUCCESSION DUTIES 1153 
 
 Where the value exceeds $100,000 but does not exceed 
 $200,000 at the rate of $2.50 for every $100 of value of the 
 whole property in excess of $25,000 ; 
 
 Where the value exceeds $200,000 at the rate of $5.00 for 
 every $100 of value of the whole property in excess of $25,000. 
 
 (4) Where the aggregate value of the property of the 
 deceased exceeds $5,000 so much thereof as passes by will, 
 intestacy or otherwise to the grandfather or grandmother or 
 any other lineal ancestor of the deceased except the father or 
 mother or to any descendant of a brother or sister of the 
 deceased or to a brother or sister of tlie father or mother of 
 the deceased or to any descendant of such last mentioned 
 brother or sister shall be subject to a duty of $5 for every 
 $100 of the value in excess of $5,000. 
 
 (5) Where the aggregate value of the property of the 
 deceased exceeds $5,000 so much thereof as passes to or for the 
 benefit of any person in any other degree of collateral consan- 
 guinity to the deceased than is above described or to or for 
 the benefit of any stranger in blood to the deceased save as 
 hereinbefore provided for shall be subject to a duty of $10 for 
 every $100 of the value in excess of $5,000. 
 
 (6) ]^o duty shall however be imposed on any estate in 
 respect of any property which, being all of the property 
 passing to one person, when such person is one of the persons 
 enumerated in clause 2 of section 4, does not exceed $5,000 and 
 in any other case does not exceed $200. 
 
 (7) If any legacy or succession duty has been paid on any 
 movable or personal property locally situate without the 
 Territories elsewhere than in the Territories no further duty 
 in respect of it shall be imposed beyond the amount, if any, for 
 which the estate would be liable in respect of such property in 
 excess of the amount so paid. 
 
 (8) Nothing herein contained shall render any estate liable 
 for duty in respect of any property bona fide transferred for a 
 consideration that is of a value substantially equivalent to the 
 property transferred. 1903, Sess. 2, c. 5, s. 5. 
 
 6. An executor or administrator applying for letters probate Executors, 
 or for letters of administration to the estate of a deceased ^ "" tory and 
 person shall before the issue of letters probate or administra- 
 tion to him make and file with the clerk of the court a full, 
 true and correct statement in duplicate, under oath, showing : 
 
 (a) A full itemised inventory of all the property of the 
 deceased person including any property not situate in the 
 Territories and the market value thereof ; and 
 
1154 SUCCESSION DUTIES 
 
 (6) The several persons to whom the same will pass under 
 the will or intestacy and the degree of relationship, if any, in 
 which they stand to the deceased ; and the executor or 
 administrator shall before the issue of letters probate or letters 
 of administration deliver to the clerk a bond in a penal sum 
 equal to ten per cent, of the sworn value of the property of the 
 deceased person in respect to which his estate may be liable 
 or may become liable to succession duty executed by himself 
 and two sureties to be approved by the clerk or a guarantee 
 company to be approved by the Territorial treasurer condi- 
 tioned for the due payment to his Majesty of any duty to 
 which the estate of the deceased coming into the hands of the 
 said executor or administrator may be found liable. 
 
 (2) The foregoing subsection shall not apply to estates of 
 which the aggregate value does not exceed $5,000 nor as 
 respects the provisions requiring security to estates in respect 
 of which no succession duty is payable or administration to 
 which is being applied for by a public administrator. 
 
 (3) One duplicate of the said statement shall be forthwith 
 transmitted • by the clerk of the court to the Territori(al 
 treasurer. 
 
 (4) Where property passes on the death of the deceased and 
 no executor or administrator can be made accountable for 
 succession duty in respect of such property every person to 
 whom any property so passes for any beneficial interest in 
 possession and also to the extent of the property actually 
 received or disposed of by him every trustee, guardian, com- 
 mittee or other person in whom any interest in the property 
 so passing or the management thereof is at any time vested 
 and every person in whom the same is vested in possession by 
 alienation or other derivative title shall be accountable for the 
 succession duty in respect of such property . and shall within 
 two months after the death of the deceased or such later time 
 as the Territorial treasurer shall allow deliver to the clerk of 
 the court of the judicial district in which said property is 
 situate an account to the best of his knowledge and belief of 
 the property which account shall be verified under oath. 
 
 (5) Any executor or administrator who in order to escape 
 payment of succession duty imposed by this Ordinance shall 
 fail to include any property of the deceased in the inventory 
 required by this section to be filed or shall distribute any 
 part of the said estate without bringing the same into the 
 Territories shall be personally liable to pay to his Majesty the 
 
 • amount of the duty which would have been payable in respect 
 
 of the property so omitted or so distributed. 1903, Sess. 2, 
 c. 5, s. 6. 
 
SUCCESSION- DUTIES 1155 
 
 11 • In case tHe Territorial treasurer is not satisfied with^PPi'*'''?'"^"^ 
 
 or appraiser 
 
 the value so sworn thereto or to the correctness of the said 
 inventory he may personally or by his advocate or agent 
 direct in vrriting some competent person to make a valuation 
 and appraise the said property and also to appraise any 
 jwoperty alleged to have been improperly omitted from the 
 sind inventory. 1903, Sess. 2, c. 5, s. 7. 
 
 8. Any appraiser appointed under the provisions of the valuation by 
 next preceding section shall forthwith give due and sufficient 
 written notice to the executors or administrators and to such 
 
 other persons as the clerk of the court may direct of the time 
 and place at which he will appraise the property included in 
 the inventory or any property which in the opinion of the 
 Territorial treasurer his advocate or agent should be included 
 therein and shall appraise the same accordingly at its fair 
 market value and make a written report in duplicate of the 
 appraisement together with such other facts in relation thereto 
 as the clerk of the court may by order require and such 
 report shall forthwith be filed in the office of the clerk of the 
 court and for the purpose of the said inquiry and appraise- 
 ment the said appraiser shall have all the powers which may 
 be conferred upon commissioners under An Ordinance 
 respecting Inquiries concerning Public Matters, being chapter 
 12 of The Consolidated Ordinances 1898. 
 
 (2) The appraiser shall be entitled to receive the sum of $5 
 per day for services performed under this Ordinance and his 
 actual and necessary travelling expenses and the same shall be 
 paid to him by the Territorial treasurer. 
 
 (3) One duplicate of the said report shall be forthwith 
 transmitted by the clerk of the court to the Territorial 
 treasurer. 1903, Sess. 2, c. 5, s. 8. 
 
 9. If the Territorial treasurer, his advocate or agent and mode of 
 
 the other parties interested do not agree thereon the clerk of prop^|r"y^ii;v')''^ 
 the court of the judicial district in which the property or part*°'^"^'' 
 of it is situate shall assess and fix the cash value at the date 
 of the death of the deceased of all estates, interests, annuities 
 and life estates or terms of years growing out of his estate and 
 the duty to which such estate is liable and shall immediately 
 file his assessment in his office and give notice thereof by regis- 
 tered letter to the Territorial treasurer and to the executor or 
 administrator and other parties interested. 1903, Sess. 2, 
 c. 5, s. 9. 
 
1156 
 
 SUCCKSSIOX DUTIKS 
 
 J^pp™tsement ^^' "'^".Y in*f'i'''>^tc'il Jicrson dissatisfied with the appraise- 
 or assessment i^iq^H |,j assessment may appeal therefrom to a judge within 
 thirty days after the making and filing of such assessment and 
 upon sueh appeal the said judge shall have jurisdiction to deter- 
 mine all (luestions of valuation and the liability of the 
 appraised estate or any part thereof for such duty and the 
 decision of the said judge shall be final. 1903, Sess. 2, c. 5, 
 s. 10. 
 
 Recovery of 
 duties by 
 action 
 
 11. Any sum payable under this Ordinance shall be recover- 
 able with costs of suit as a duty due to his Majesty from any 
 person liable therefor by action in the supreme court of the 
 Xorth-West Territories in any judicial district and it shall not 
 in any case be necessary to take the proceedings authorised by 
 the preceding sections. 1903. Sess. 2, c. 5, s. 11. 
 
 Matters 
 determinable 
 by court 
 
 13. The said court shall also have jurisdiction to determine 
 what property is liable to duty under this Ordinance, the 
 amount thereof and the time or times when the same is payable 
 and may itself or through any referee exercise any of the 
 powers which by sections Y to 10 are conferred upon any officer 
 or joerson. 1903, Sess. 2, c. 5, s. 12. 
 
 Action before 
 time for 
 payment of 
 duty 
 
 13. An action may be brought to determine any question of 
 liability imder this Ordinance notwithstanding that the time 
 for the payment of the duty has not arrived and such action 
 shall be considered as an ordinary action in the said court. 
 1903, Sess. 2. c. 5, s. 13. 
 
 Appeals 14. An appeal shall lie to the supreme court en banc in any 
 
 action brought under any of the foregoing sections wherever 
 an ai^peal would lie if the action were between subject and 
 subject. 1903, Sess. 2, c. 5, s. 14. 
 
 Declaration as 
 to liability 
 of property 
 transferred 
 before death 
 
 15. "Where any person's estate is declared liable to duty in 
 respect of any property which has j)revious to the death of 
 such person been conveyed or transferred to some other person 
 the court may declare the duty to be a lien upon such property 
 and may make such declaration although the amount of such 
 duty has not been ascertained and where any property in 
 respect of which the estate would have been liable to duty had 
 such property remained in the hands of the person to whom or 
 for whose benefit it was conveyed or transferred by such 
 deceased person has been c(-nveyed or transferred to any 
 purchaser for valuable consideration the court may direct the 
 person to whom or for whose benefit the said property was 
 
SUCCESSIOX Ul'TIES 
 
 115Y 
 
 conveyed or transferred by such deceased person as at'orqsaid 
 to pay the amount of the di;ty to which the estate would have 
 bfen subject in respect of such property. 1903, Sess. 2, c. 5, 
 s. 15. 
 
 16. Where the property real or personal in respect of which ^'.'^^'^f^en*''^ 
 duty is payable includes any future or contingent estate, p^^J ""^^ ^'^ 
 income or interest the duty in respect of such estate, income or 
 interest may be paid within the time limited by subsection (1) 
 of section IT and where so paid the duty shall be on the value 
 of such estate, income or interest as at' the death of the 
 deceased. By consent of the Territorial treasurer in writing- 
 duty may be paid after the time so limited and before such 
 estate, income or interest comes into possession; but in the 
 event of such consent the duty shall then be on a value not 
 less in any event than the value of such estate, income or 
 interest as at the date when the duty is paid ; and no deduction 
 shall be made for duty paid or payable in respect of any prior 
 estate, income or interest. The duty in respect of any future 
 or contingent estate, income or interest if not sooner paid shall 
 be payable forthwith when such estate, income or interest 
 comes into possession in which case the duty shall be on the 
 value computed under section 9 as at the date of such comino; 
 into possession ; and no deduction shall be made for duty paid 
 or payable in respect of any prior estate, income or interest. 
 
 (2) Where the duty in respect of any future or contingent Duty paW^^^ 
 estate, income or interest has been paid by the executor, com|ynt^o 
 administrator or trustee before such estate, income or interest 
 comes into possession the duty so paid shall be charged on 
 such future or contingent estate, income or interest and shall 
 be repaid with interest at the rate of five per cent, per annum 
 to the executor, administrator or trustee, as the case may be, 
 by the person who is to become entitled to such future or con- 
 tingent estate, income or interest and if not sooner repaid- 
 shall then be repaid at the time when such estate, income or 
 interest comes into possession. 
 
 (^) Where in respect of any future or contingent estate or when no 
 
 yoj >\ iiLiL. Jii i^ 1 „ . ,, .,1 1 , ,1 .person 19 
 
 interest there is no person beneficially entitU'd to the present entitled to the 
 , income or enjovment or where there is sonic ])art thereof ^ enjoyment of 
 which there is no person so entitled the duty in respect of such contingent 
 future or contingent estate .n- interest, or part thereof, as the 
 case may be, shall be payable as in sections 16 and 17 provided. 
 
 (4) Notwithstanding the duty may under this section not l)cConHm,ung. 
 payable until the time when the right of possession or actual future^^iate 
 enjoyment accrues any executor, administrator, guardian or 
 
1158 
 
 STTOCESSION DUTIES 
 
 Duties to be^ 
 payable within 
 eigliteen 
 montlis from 
 ttie death of 
 tlie owner 
 
 trustee or person owning a prior interest when such executor, 
 administrator, guardian or trustee or person has the custody 
 or control of the property may agree upon or commute for 
 a present payment out of the property in discharge of the said 
 duty ; and the treasurer of the Territories may upon the appli- 
 cation of any such person commute the succession duty which 
 would or might but for the commutation become payable in 
 respect of such interest for a certain sum to be presently paid 
 and for determining that sum shall cause a present value to 
 be set upon such duty regard being had to the contingencies 
 affecting the liability to and rate and amount of such duty and 
 interest and on the receipt of such sum the treasurer shall give 
 a certificate of discharge from such duty. 1903, Sess. 2, 
 c. 5, s. 16. 
 
 17. The duties imposed by this Ordinance unless otherwise 
 herein provided shall be due and payable at the death of the 
 deceased or within eighteen months thereafter and if the same 
 are paid within eighteen months no interest shall be charged 
 or collected thereon but if not so paid interest at the rate of 
 five per centum per annum from the death of the deceased 
 shall be charged and' collected and such duties together with 
 the interest thereon shall be and remain a lien iipon the 
 property in respect to which they are payable until the same 
 is paid: 
 
 Provided that the duty chargeable upon any legacy given 
 by way of annuity whether for life or otherwise shall be 
 paid by four equal payments the first of which payments of 
 duty shall be made before or on completing payment of the 
 first year's annuity and the three others of such payments of 
 duty shall be made in like manner successively before or on 
 completing the respective payments of the three succeeding 
 year's annuity respectively. In case the annuitant dies before 
 the expiration of the said foiir years only payment of instal- 
 ments which fall due before his death shall be required : 
 
 Provided further that the Lieutenant Governor in Council 
 
 upon its being proved to his satisfaction that payment of the 
 
 duty within the time limited by this subsection would be 
 
 unduly onerous on the estate may by order so extend the time 
 
 for the payment of the said duty as shall appear just and, 
 
 reasonable; and the duty shall be due and payable as in the 
 
 said order set forth. 
 
 Certmcate^of (^2) The treasurer of the Territories on being satisfied that 
 
 Temloriai^ the full amount of succession duty has been or will be paid in 
 
 (.reasurer respect of an estate or any part thereof shall if required by 
 
 the person accounting for the duty give a certificate to that 
 
 Proviso 
 
 Extension of 
 time for 
 payment 
 
SUCCESSION DUTIES 1159 
 
 effect which shall discharge from any further claim for succes- 
 sion duty the property shown by the certificate to form the 
 estate or such part thereof as the case may be. 
 
 (3) Such certificate shall not discharge any person or ^^^^j.^"=j^j.*® H"' 
 property other than a bona) fide purchaser for valuable con- ^*^^ °f ^■'*"'^' 
 sideration without notice from succession duty in case of fraud 
 or failure to disclose material facts and shall not affect the 
 rate of duty payable in respect of any property afterwards 
 shown to have passed on the death and the duty in respect of 
 such property shall be at such rate as would be payable if the 
 value thereof were added to the value of the property in 
 respect of which duty has been already accounted for: 
 
 Provided the said treasurer may in his discretion decline to 
 grant such certificate until the expiration of one year from the 
 death of the deceased testator or intestate as the case may be. 
 1903, Sess. 2, c. 5, s. 17. 
 
 18. Upon' the application of any person liable for theKxtension of 
 payment of any duty under this Ordinance on notice to the payment of 
 Territorial treasurer a judge may make an order extending 
 
 the time fixed by law for payment thereof where it appears 
 to such judge that payment within the time prescribed by this 
 Ordinance is impossible owing to some cause over which the 
 person liable has no control. 1903, Sess. 2, c. 5, s. 18. 
 
 19. Any administrator, executor or trustee having in charge Adminis- 
 or trust any estate, legacy or property in respect of which deduct duty 
 duty is payable under this Ordinance shall deduct the duty delivering 
 therefrom or collect the duty thereon upon the appraised value 
 thereof from the person entitled to such property and he shall 
 
 not deliver any property subject to duty to any person until 
 he has collected the duty thereon. 1903, Sess. 2, c. 5, s. 19. 
 
 20. Executors, administrators and trustees shall ^avePowOT to^seii^^ 
 power to sell so much of the property of the deceased as -will duty 
 enable them to pay the duty in the same manner as they 
 
 may by law do for the payment of debts of the testator or 
 intestate. 1903, Sess. 2, c. 5, s. 20. 
 
 31. Every sum of money retained by an executor, adminis-Duty to be 
 trator or trustee or paid into his hands for the duty on ^^y|.^^>-^to™i 
 property shall be paid by him forthwith to the treasurer of '■'*'"™' 
 ihe Territories or as he may direct. 1903, Sess. 2, c. 5, s. 21. 
 
 22. Where any debts shall be proved against the estate of Refunding 
 -a deceased person after the payment of legacies or distribution -bseq^jent 
 ,of property from wjiich the duty has been deducted or upondebt« 
 
1160 SUCCESSIOH- DUTIES 
 
 which it has been paid and a refund is made by the legatee, 
 devisee, heir or next of kin a proportion of the duty so paid 
 shall be repaid to him by the executor, administrator or 
 trustee. 1903, Sess. 2, c. 5, s. 22. 
 
 Foreign 33. ~^q foreign executor or administrator shall assign or 
 
 executors, etc. o . . , . 
 
 not to transfer transfer any stocks or shares in the Territories standing in the 
 
 stocks, etc., ■^, ^ ... 
 
 until duty paid jj^ame of a deceased person or in trust for him which are liable 
 to pay succession duty until such duty is paid to the treasurer 
 of the Territories or security given as required by section 6 of 
 this Ordinance and any corporation allowing a transfer of any 
 stocks or shares contrary to this section shall be liable to pay 
 the duty payable in respect thereof. 1903, Sess. 2, c. 5, s. 23. 
 
 enforcing ^'^" ^^ ^* ^® made to appear on affidavit to a judge that 
 
 Inty"*"'"' any duty accruing under this Ordinance has not been paid 
 according to law he may make an order by way of originating 
 summons directing the persons interested in the property 
 liable to the duty to ajDpear before the court on a day certain 
 to be therein named and show cause why said duty shall not 
 be paid. 
 
 (2) The- service of such order and the time, manner and 
 proof thereof and fees therefor and the hearing and deter- 
 mining thereon and the enforcement of the judgment of the 
 court thereon shall be according to the practice in or upon the 
 enforcement of a judgment of the supreme court. 1903, Sess. 
 2, c. 5, s. 24. 
 
 <'ost9 35. The costs of all proceedings under this Ordinance 
 
 in the court shall be in the discretion of the court or of a 
 Judge. 1903, Sess. 2, c. 5, s. 25. 
 
 Limitations of 36. Any action, matter or proceeding l>y or against the 
 Territories in respect of duties or claims arising upon or out of 
 any succession shall be commenced within six years from the 
 time when such duties or claims became payable. 1903 Sess 
 2, c. 5, s. 26. ' 
 
 Fees of clerks 37. The clcrks of the court shall be entitled to take for the 
 ° """"^ performance of duties and scr\-ices under this Ordinance fees 
 
 similar to those jjayable to them imder the rules of the 
 
 supreme court. 1903, Sess. 2, c. 5, s. 2Y. 
 
 GoTe'rnTt'o ^^' ^^° lieutenant Governor in Council may make regula- 
 ?egu?ations ^^°^^ ^°^ Carrying into effect the provisions of this Ordinance 
 and to cover cases not herein provided for which shall be 
 published forthwith in the official gazette. 1903, Sess. 2 c. 5 
 s. 28. 
 
SUPPORT OF ILLEGITI^[ATE (_' UILHUKX 1101 
 
 SUGAR FACTORIES. 
 
 See liKKT StTGAI? FAC'TORIKS. 
 
 SUNDAY. 
 
 See PfiOFANATlO.N OF TIIK T,(.)Kd's :)AY. 
 
 SUPPORT OF ILLEGITIMATE 
 CHILDREN. 
 
 An Ordinance respecting the Support of Illeg^itimateiMssess. c, 29 
 
 ^1 .1 1 "^ ^ 21 Nov., 1903 
 
 Lnildren. 
 
 [Assented lo Xoremher 21, 1903.] 
 
 rp HE Lieutenant Governor by and with the advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 1. Any person who furnishes food, clothing, lodging orThe father of 
 other necessaries to any child born out of lawful wedlock mavchud'ifahie'fQr 
 
 necessaries 
 
 maintain an action for the value thereof against the father 
 of the child if the child was a minor at the time the necessaries 
 were furnished and was not then residing with his or her 
 reputed father and maintained hj him as a member of his 
 family. 1903, Sess 2, c. 9, s. 1. 
 
 2. Where the person suing for the value of the necessaries when other 
 is the mother of the child or a person to whom the mother than'thafot 
 has become accountable for the necessaries the fact of the requisite 
 defendant being the father shall be proved by other testimony 
 
 than that of the mother. 1903, Sess. 2, c. 9, s. 2. 
 
 3. No action shall be sustained under the preceding two no action 
 sections unless it is shown upon the trial thereof that while Ifniess^the ^ 
 the mother of the child was pregnant or within six months ™mdav""* ^'^ 
 after the birth of her child she did voluntarily make an bfrt°rof the 
 affidavit in writing before some one of his ^Majesty's j ustices six months "" 
 of the peace for the Territories declaring that the person^ 
 afterwards charged in the action is really the father of the 
 
 child, nor unless she deposited the affidavit within the time 
 aforesaid in the office of the clerk of the supreme com-t for 
 the judicial district in which she resides or in the office of the 
 deputy clerk if she resides in a deputy cferk's district. 1903, 
 Sess. 2, c. 9, s. 3. 
 
1162 
 
 TENANTS IN COMMON 
 
 nSt toTe'^*''''' ^- T^e affidavit shall not be evidence of the fact of the 
 evidence defendant being the father of the child. 1903, Sess. 2, c. 
 9, s. 4. 
 
 remedies not 5. This Ordinance shall not take away or abridge any right 
 of action or remedy which without this Ordinance might 
 have been maintained against the father of an illegitimate 
 child. 1903, Sess. 2, c. 9, s. 5. 
 
 SUPREME COURT. 
 
 See JUDICATURE. 
 
 Also APPENDIX^ N.W.T. ACT. 
 
 SURGEONS. 
 
 See MEDICAL PEOPESSI.ON. 
 
 VETBEINAEY SUEGEONS. 
 
 TAX SALES OF LAND. 
 
 See CONFIRMATION OF TAX SALES. 
 MUNICIPAL. 
 EEAL PEOPEETY. 
 SCHOOLS. 
 
 TAXES A LIEN ON LAND 
 
 See LIENS ON LAND FOE TAXES. 
 EEAL PEOPEETY. 
 
 TAXATION. 
 
 See ASSESSMENT. 
 
 BEET SUGAE FACTORIES. 
 IRRIGATION DISTRICTS. 
 
 LOCAL IMPROVEMENTS. 
 
 MUNICIPAL. 
 
 RAILWAYS. 
 
 SCHOOL ASSESSMENT. 
 VILLAGES. 
 
 TELEPHONE COMPANIES. 
 
 See WATER, GAS, ELEOTEIC AND TELEPHONE COMPANIES. 
 
 TENANTS IN COMMON. 
 
 SMaroi/iVra ^"^ Ordinance respecting Land held by two or more 
 
 Persons. 
 
 fTUlE Lieutenant Governor by and with the advice and 
 J- consent of the Legislative Assembly of the Territories 
 jT.nacts as follow- 
 
TEKKITOEIAL SECEETAEY 1163 
 
 1. Whenever by any letters patent, transfer, conveyance,Ownerstohoid 
 assurance, will or other assignment land or any interest in landfn common 
 is granted, transferred, conveyed, assigned or devised to two orHTtenton 
 more 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 otlier assignment that they take as 
 joint tenants. C. O. 3Y, s. 1. 
 
 TERRITORIAL SECRETARY. 
 
 An Ordinance Respecting^ the Department of tlieco.isgs.c,? 
 
 rj-, . , . , „ , 15 March, 1899 
 
 1 erntorial becretary. 
 
 rp HE Lieutenant Governor by and with the advice and 
 J- consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHORT TITLE. 
 
 1« This Ordinance may be cited as "The Territorial ^ecre-short title 
 iary's Ordinance." C. O. 7, s. 1. 
 
 OEGANISATION AND FUNCTIONS OF DEPAETMENT. 
 
 3. There shall be a department of the public service of the organisation 
 Territories to be called the department of the Territorial 
 secretary over which the member of the executive council 
 appointed by the Lieutenant Governor under the seal of the 
 Territories to discharge the functions of the Territorial 
 secretary for the time being shall preside. C. 0. 7, s. 2. 
 
 3. The powers, duties and functions of the Territorial ^^,^4^^ 
 secretary are as follows; 
 
 {a) He has all the powers, duties and functions which 
 are assigned by law or custom to provincial secre- 
 taries and registrars of the different provinces of 
 the Dominion of Canada in so far as they or any of 
 them may be applicable to the Territories ; 
 
 (I) He is the keeper of the seal of the Territories ; and 
 shall issue all letters patent, commissions and other 
 documents under the said seal and countersign the 
 same w^th the exception of those which shall be 
 
1164 
 
 TEEEITOEIAL SECEETAEY 
 
 To be 
 registrar 
 
 countersigned by the clerk of the executive council; 
 and all commissions under the seal shall run in her 
 Majesty's name; 
 
 (c) He is the keeper of all registers and archives of the 
 Territories. C. O. 7, s. 3, 
 
 4. The Territorial secretary shall be the registrar of the 
 Territories; and as such shall register all instruments of sum- 
 mons, commissions, letters patent, writs and other instruments 
 and documents issued under the seal of the Territories; and 
 his signature shall be proof of the fact that such registers, 
 archives, instruments of summons, commissions, letters patent, 
 writs and other instruments and documents exist and are law- 
 fully in his possession; and any copy (signed by him) of any 
 document shall te equivalent to the original instrument itself 
 in any court in the Territories ; and every document or copy 
 of a document purporting to bear hi? signature shall be deemed 
 so to do until proof of the contrarv. C. O. 7, s. 4. 
 
 Officers and 
 clerks 
 
 5. The Lieutenant Governor may at any time appoint such 
 other officers, clerks and servants as are requisite for the 
 proper conduct of the business of the department, all of whom 
 shall hold office during pleasure CO. 7, s. 5. 
 
 Fees 
 
 FEES. 
 
 6. The Lieutenant Governor in Council may from time to 
 time make a tariff of fees which shall be paid for the issuing 
 and registering of commissions, letters patent, licenses and 
 other instruments and documents and for the delivery of 
 certified copies thereof or of certified extracts from the registers 
 and archives in the Territorial secretary's department as here- 
 inbefore mentioned ; and the said Territorial secretary shall 
 account to the Territorial treasurer for all moneys received in 
 virtue of such tariff or of any Ordinance in force in the Terri- 
 tories in such manner as may be prescribed by law or by the 
 Lieutenant Governor in Council as the case mav be 0. 0. 
 (, s. 6. 
 
 TERRITORIAL TREASURER. 
 
 See TEEASUEY DEPARTMENT. 
 
TIIEESHEES'' LIENS 1165 
 
 THRESHERS' LIENS. 
 
 An Ordinance respecting Threshers Liens. SmS.'isss 
 
 THE 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 grain 
 
 n -I • f -i 1 11 to secure 
 
 tixea 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. C. O. 60, s. 1, and 1899, c. 11, 
 s. 1, ami 1901, c. 19, s. 1. 
 
 3. The quantity of grain which may be so retained shall be Quantity and 
 
 .-^ . ,, -. -. J. value of grain 
 
 a suincient quantity, computed at the market value thereof at to be retained 
 the nearest market, less two and one-half cents per bushel for 
 each ten miles hetiveen the -place of threshing and tJie nearest 
 marl'ct 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. C. O. 60, s. 2, and 1899, c. 11, s. 2. 
 
 3. The right to retain and remove such quantity of grain Limto hare 
 shall if exercised forthwith after the threshing is finished 
 
 but not othenuise prevail over all writs of executions against 
 the owner thereof, or chattel mortgages, bills of sale, or con- 
 veyances made by him and over all 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. C. O. 
 60, s. 3, and 1899, c. 11, s. 3. 
 
 4. Every person wlio threshes any grain shall from time ^oRetonsto^ 
 time as he may be required hy the commissioner of agricul- 
 ture send to the department of agriculture such information 
 
 and returns as may he required from him and in default of 
 his so doing he shall on summary convidion he liable to m 
 penalty not exceeding $25. 1899, e. 11, s. 4. 
 
1166 
 
 TEEASUEY DEPAETMENT 
 
 TOBACCO, 
 
 See USE OE TOBACCO BY MINOES. 
 
 TREASURY DEPARTMENT. 
 
 fs'iiSrisw An Ordinance Respecting the Treasury Department 
 and the Auditing of the Public Accounts. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITE. 
 
 Short title 1. This Ordinance may be cited as ''The Treasury Depart- 
 
 ment Ordinance." 0. 0. 10, s. 1. 
 
 INTEEPEETATION. 
 
 Interpretation 
 " Treasurer " 
 
 " Auditor " 
 
 " Board " 
 
 *' Department' 
 
 " Public 
 revenue " or 
 " public 
 money '' 
 
 "Revenue 
 o.ficer" 
 
 3. In this Ordinance unless the context otherwise requires: 
 
 (a) The expression "treasurer" means the member of the 
 executive council appointed to act as Territorial 
 treasurer ; 
 
 (h) The expression "auditor'' means the Territorial 
 auditor ; 
 
 (c) The expression "board" means the treasury board; 
 
 (d) The expression "department" means the treasury 
 department ; 
 
 (e) The expressions "public revenue," "revenue," and 
 "public money" respectively mean all revenue and 
 public moneys arising from any source whatever, 
 whether such revenues and moneys belong to the 
 Territories or are held by the Territories or collected 
 or held by officers of the Territories for or on account 
 of or in trust for any province forming part of the 
 Dominion or for the Dominion or for the Imperial 
 Government or for any other party or person; 
 
 (/) The expression "revenue officer" means any person 
 employed in collecting, managing or accounting for 
 revenue or in carrying into effect any laws relating 
 thereto or in preventing the contravention of any 
 such laws ; and so far as regards accounting for and 
 paying over such revenue, the said expression 
 
TEEASUEY DEPAETilENT 1167 
 
 includes any person who has received or has been 
 entrusted with any public money whether such 
 person was regularly employed for such purpose or 
 not. O. O. 10, s. 2. 
 
 OEGANISATION AND FUNCTIONS OP DEPAETMENT, 
 
 3. There shall be a department of the public service of the Organisation 
 Territories, to be called "the treasury department" over which 
 
 the member of the executive council appointed by the 
 Lieutenant Governor under the seal of the Territories to 
 discharge the functions of the Territorial treasurer for the 
 time being shall preside. C. O. 10, s. 3. 
 
 4. The department shall have the management and control Functions 
 of the revenue and expenditure of the Territories 0. O. 10, 
 
 s. 4. 
 
 GENEEAL EEVENUB FUND. 
 
 5. AH revenues whatever however arising or received over ^^^,^^,^^1 
 which the Legislative Assembly of the Territories has power ^^'IJ'J.^^" '""'' 
 of appropriation (excepting moneys which may otherwise be <=°"^i^t «' 
 specially disposed of by the Legislature) shall form one general 
 revenue fund to be appropriated for the public service of the 
 Territories. 0. O. 10, s. 5. 
 
 6. The general revenue fund shall be permanently charged vs^hat charged 
 with all costs, charges and expenses incident to the collection, "''*'' 
 management and receipt thereof, such costs, charges and 
 expenses being subject nevertheless to audit and to legislative 
 
 review and vote. 0. O. 10, s. 6. 
 
 7. The Legislative Assembly shall not adopt or pass any Appro- 
 vote, resolution, address or bill for the appropriation of any genera"^ ''^°"' 
 
 « 1 T c 1 j_ 1*11 revenue fund 
 
 part of such general revenue fund to any purpose wnicn has and how made 
 not been first recommended to the said Legislative Assembly 
 by message of the Lieutenant Governor during the session in 
 which such vote, resolution, address or bill is proposed. C. O. 
 10, . .,, . 
 
 COLLECTION AND MANAGEMENT OF EEVENUE. 
 
 8. The Lieutenant Governor in Council may from time to Appointment 
 time determine what revenue officers it- is necessary to employ officers""* 
 and assign their names of office and fix their salaries and 
 
1108 
 
 rREASUKY DEPAETMENT 
 
 appoint the times and manner in which the same shall be paid; 
 but no such officer shall receive a higher salary than is allowed 
 in his case by any Ordinance of the Legislative Assembly then 
 in force nor shall any such salary be paid unless voted by the 
 said Legislative Assembly. C. 0. 10, s. 8. 
 
 ofBoere 9. Every revenue officer employed on any duty or service 
 
 employed on , , y . , , _c xi t • i. j. 
 
 any duty to by the Order or With the concurrence oi the Jbieutenant 
 proper officers Governor in Council shall be deemed to be the proper officer 
 
 for such -11 -I 
 
 duty, etc. , for that duty or service; and everything required by any law 
 to be done by, to or -with any particular officer designated for 
 that purpose in such law shall (when done by, to or with any 
 person appointed or authorised by the Lieutenant Governor in 
 Council to act in behalf of such particular officer) be deemed 
 to be done by, to or with such particular officer. 0. O. 10, s. 9. 
 
 br^nch^nmr^ ■^^' ^'^^J reveuue officer employed for any branch of the 
 m oaeS''^'^ revenue may be employed for any other branch thereof when- 
 
 ■ ever it is deemed advantageous for the public service so to 
 
 emjiloy him. C. 0. 10, s. 10. 
 
 Hours of 
 attendance 
 
 Books and 
 accounts 
 
 11. The Lieutenant Governor in Council may from time to 
 time appoint the hours of general attendance of the revenue 
 officers at their places of employment and may also appoint the 
 times during such hours or the seasons of the year at which 
 any j^articular jiortions of their duties shall be performed; and 
 a notice of the hours of general attendance so appointed shall 
 l.e constantly posted up in some conspicuous place in such 
 places of employment. C. 0. 10, s. 11. 
 
 12. The Lieutouant Governor in Council may direct any 
 revenue officer tn keep any books or accounts for the purpose 
 of obtaining any statistical information touching the resources 
 or public works of the Territories, or other matter of public 
 interest and may authorise any necessary expense for that 
 purpose. C. O. 10, s. 12. 
 
 Oversight and 
 control of 
 officers 
 
 13. The Lieutenant Governor in Council may from time to 
 time assign the immediate oversight and control of any revenue 
 officers to such of the public departments as may be deemed 
 convenient ; and in default of other assignment such immediate 
 oversight and control shall rest with the treasury department. 
 C. O. 10, s. 1.3 
 
 Payment of 
 revenue 
 
 14. All revenue shall be paid promptly to the treasurer 
 through such officers, banks or parties and in such manner as 
 the Lieutenant Governor in Council may from time to time 
 direct. C. 0. 10, s. 14. 
 
I'KEASURY DEPAKTMENT 1169 
 
 15. Eevenues for the previous fiscal j'ear may be I'eceived i^^f^^^j^JJ^ °^^j. 
 at the oiEce of the treasurer aud placed to the credit of such 
 
 iiscal year's account up to aud inclusive of the fifth day of 
 January in each year. C. 0. 10, s. .15: 
 
 16. The Lieutenant Governor in Council niav from time to Accounting 
 
 ■^ of revenue 
 
 time appoint the times and modes in vyhich any revenue officer officers 
 shall account for aud pay over the public moneys which come 
 into his hands; and may determine the times, manner and 
 form in which and the officer by whom any licenses on ^\hich 
 any duty is paj^able are to be issued; but such accounts and 
 payments shall be rendered and made by such" officers at least 
 once in every three months. 0. 0. 10, s. 16. 
 
 1 < . Every revenue officer on receiving public money shall Duty of 
 
 ci-iT -1 ■!• frvi- revenue 
 
 lortnwitn deposit the same m his name oi office m suchofliceron 
 chartered bank as the Lieutenant Governor in Council may money 
 appoint; aud no money so deposited shall be paid out again 
 except for the purpose of being paid to the treasurer on the 
 written order or official cheque of the officer so depositing or of 
 his successor ; and every such officer shall keep his cash book Cash book 
 written up daily ; and all his books, accounts and papers shall 
 at all times during office hours be open to the inspection of any 
 person whom the treasurer may authorise to inspect the same ; 
 but where such money is received at a place where it is not 
 convenient to pay it into a chartered bank, the Lieutenant 
 Governor in Council may -direct it to be paid over in such 
 manner as he may deem expedient. C. O. 10, s. 17 
 
 TEEASTIREE AXD TEEASUEY DEPAETMENT 
 
 18. Any member of the executive council who may be Members ot 
 appointed by the Territorial treasurer shall during his term Council may 
 of office have all the powers and duties assigned to him by this of tr*easurer^ 
 Ordinance and such other duties and functions as the Lieu- 
 tenant Governor in Council may from time to time impose on 
 
 him. C. O. 10, s. 18. 
 
 19. There shall be employed on the staff of the treasury staff of 
 department under appointment of the Lieutenant Governor department 
 such officers and persons as may be deemed necessary; and 
 
 their respective duties in all matters not expressly regulated 
 by law shall be such as may from time to time be assigned to 
 them by Order of the Lieutenant Governor in Council or 
 subsidiarily thereto by the treasurer. C. 0. 10, s. 19. 
 
1170 
 
 TEEASUEY DEPARTMENT 
 
 Mode of 
 keepiug the 
 public 
 accounts 
 
 30. The accounts of the Territories shall be kept in the 
 treasury department in such raeLnner and under such regula- 
 tions for the fullness and accuracy and as to the measure of 
 oversight and responsibility attached in regard to them to the 
 treasurer and to the auditor or the treasury board repsec- 
 tively as the Lieutenant Governor by Order in Council or 
 (subject to all such Orders) the treasurer may make from time 
 to time. 0. 0. 10, s, 20. 
 
 Fiscal year 31, The fiscal year of the Territories shall be the period 
 
 from the thirty-first day of December in one year to and 
 including the thirty-first day of December in the next year. 
 C. O. 10, s. 21. 
 
 Public 33. As soon as practicable after the close of each fiscal 
 
 accounts . ,,.. j-i 
 
 year there shall be prepared under the direction oi the 
 treasurer for submission to the Legislative Assembly at its 
 next session a statement of the public accounts for such year 
 showing clearly and fully the several revenues and expenditures 
 of the Territories for the year, the state of the general revenue 
 fund and all trust and special funds under the management 
 of the Territorial Government, and all matters requisite to 
 explain the financial transactions and position of the Terri- 
 tories during and at the close of each year. C. O. 10, s. 22. 
 
 Timeof 33. The Lieutenant Governor in Council may alter the 
 
 rendering , « . . 
 
 accounts may period at or to which any accountant for public money, public 
 officer, corporation or institution is required to render any 
 account or to make any return whenever in his opinion such 
 alteration will facilitate the correct preparation of such state- 
 ment of the public accounts or of the estimates, anything in any 
 Ordinance to the contrary notwithstanding. C. O. 10, s. 23. 
 
 Estimates 
 
 Balances to 
 lapse 
 
 34. AH estimates submitted to the Legislature shall be for 
 the services coming in course of payment during the fiscal year 
 or during such other term as such estimates may expressly 
 purport to cover; and all balances of appropriations remain- 
 ing unexpended at the close of such fiscal year or other term 
 shall lapse and be written off, except that in case of liabilities 
 incurred during the then expiring fiscal year accounts therefor 
 may be paid up to and including the thirty-first day of 
 January following but not later; and all such payments shall 
 be charged to and form part of the expenditure of that 
 expiring year. C. 0. 10, s. 24. 
 
 35« The estimates shall contain the statutory appropria- 
 
 Estimates. 
 
 whatto — _- ^ -j-j_-_j- 
 
 contain ^^^^g which do not require to be voted upon by the Legislative 
 
TEEAStEY DEPaETMENT llYl 
 
 Assembly year by year and also the respective amounts 
 required for any service in addition to such statutory appro- 
 priations or otherwise (as the case may be) for which a vote 
 of the Legislative Assembly is required to authorise the 
 expenditure of the same. C. O. 10, s. 2,5. 
 
 36. The Lieutenant Governor in Council may from time to investment 
 
 T T . . I. ■, T of revenue 
 
 time direct the treasurer to invest any portion of the general 
 revenue fund not presently required for expenditure in public 
 securities of the Dominion of Canada or in the debentures of 
 school districts in the Territories; and may afterwards 
 (whenever requisite to meet expenditure) direct him to 
 dispose thereof to that end, in such manner, on such terms 
 and to such amount as may be deemed most for the public 
 advantage. C. O. 10, s. 26. 
 
 37. All expenditure of public moneys shall be made by ^Ye b'^''"™ 
 official cheque on a chartered bank, such cheque being signed <=''«<i"'' 
 
 by the treasurer and countersigned by the auditor as herein- 
 after provided. C. O. 10, s. 27. 
 
 38. All institutions, establishments, associations and bodies Returns to 
 sustained or in part aided at public expense shall render yearly yearly by 
 
 11. n 1 !• -r !• 11 institutions 
 
 on or before the thirty-first day of January for the twelve aided from 
 
 . . . . revenue 
 
 months ended on the thirty-first day of the preceding month 
 of December, in such form as from time to time may be 
 required by the Lieutenant Governor in Council, a full report 
 of their condition, management and progress and also all 
 statistical returns which may from time to time be required 
 of them by the Lieutenant Governor in Council. C. 0. 10, 
 s. 28. 
 
 39. The clerk, secretary, overseer or other proper officer of Certain 
 
 . . ' . .,, , T ,7 . returns from 
 
 every municipal corporation, village or school district when- municipalities 
 ever required by the treasurer shall transmit to him a return req^ii'ed 
 verified under oath setting forth the amount of real and 
 personal property in the municipality, village or school district 
 according to the then last revised assessment roll or rolls, a 
 true account of all the assets, debts and liabilities of such 
 municipality, village or school district, and all such informa- 
 tion and particulars as to the resources, debts and liabilities 
 thereof as he may from time to time require. C. O. 10, s. 2J. 
 
 30. The Lieutenant Governor in Council may from time Hetur^s^,^how 
 to time direct through' what department or departments the 
 various reports and returns referred to in the last two proced- 
 
1172 
 
 TREASURY DEPARTMENT 
 
 ing sections or any thereof shall be rendered for transmission 
 to the treasury department; and in default of other direction 
 the same shall be rendered direct to the treasury department. 
 C. 0. 10, s. 30. 
 
 TREASURY BOARD^ ITS POWERS AND DUTIES. 
 
 board"'"'' '^^' ^^^ ^^^^ purpose of reference tind decision in regard to 
 
 oompoaitionof^jjg matters hereafter referred to it a treasury board composed 
 of members of the executive council shall bo appointed by 
 the Lieutenant Governor in Council; and the members so 
 appointed shall be the treasury board for the time being. 0. 
 0. 10, s. 31. 
 
 absence"^ ^^- The Lieutenant Governor in Council may in case of 
 
 provide or j||)jggg qj, absence of any member of the board authorise any 
 
 other member of the executive council to perform. all or any 
 
 of the duties of the absent member as such. C. 0. 10, s. 32. 
 
 Minute book 
 
 Questions 
 of audit 
 
 33. The treasury board shall keep a regular minute book 
 in which shall be recorded all its 'proceedings; any member 
 may bring any question of audit before the board although it 
 may not relate to a departmeut binder his charge. C. 0. 10, 
 &. 33. 
 
 Reports of 
 board 
 
 34. Upon all matters of importance the board shall report 
 to the treasurer; and when any such report is made any 
 member of the board may record his dissent on the minutes 
 and may submit to the treasurer a minority report. C. 0. 10, 
 s. 34. 
 
 Regulations 
 to be framed 
 by board 
 
 35. 
 
 The treasury board shall frame regulations respecting: 
 
 (a) 
 
 (&) 
 
 The method of book keeping to be used in the several 
 departments of the government of the Territories; 
 
 The issuing of warrants; 
 
 The accounting for public moneys and the auditing 
 of accounts thereof; 
 
 and shall submit such regulations to the Lieutenant Governor 
 in Council through the treasurer ; and from time to time may 
 suggest any amendments which it may deem advis.able in such 
 regulations and stibmit them in like manner ; and any Order 
 in Council made on any of these subjects shall have the force 
 of law until revoked or amended (as it may be) by any 
 subsequent Order. C. 0. 10, s. 35. 
 
TEEASUEY DEJPARTMENT ■ 1173 
 
 36. The treasury board shall examine the yearly statement Board to 
 
 J. , 1 1 , . J J examine 
 
 01 the public accounts and submit thereon to the Lieutenant s'^^^',^™ent of 
 Governor in Council its report for communication to, the accounts 
 Legislative Assembly. C. 0. 10, s. 36. 
 
 37. The treasury board may examine any person on oath Persons may 
 on any matter pertinent to any account submitted to it and on oath""* 
 such' oath may be administered by any member of the board. 
 
 C. O. 10, s. 37. 
 
 38. xiny member of the board (duly authorised by it) may Subpoena to 
 
 i-ii .,-, J J J appear before 
 
 apply 111 chambers to any judge of the supreme court of theboara- 
 Territories for and obtain an order directing any person 
 therein named to appear before the said board at the time and 
 place mentioned in such order and then and there to be 
 examined under oath as to any and all matters within his 
 knowledge relative to any account submitted to the board and 
 to bring with him and produce to the board any document, ^f°^r"fitc. °' 
 paper or thing which he may have in his possession relating 
 to such account as aforesaid. C. O. 10, s. 38. 
 
 ^! 
 
 39. If any ^person whose examination is required by the Commission 
 board resides at a distance from the place where its sittings evidence 
 are held or for any other reasonable cause it may be considered 
 proper, on application as in the last preceding section men- 
 tioned the judge may order such examination to be taken 
 before an officer or person named in the -order who shall by 
 virtue of such order take such evidence and report the same ^ 
 to the board; and such officer or person (beina; first sworn Powers of 
 
 ; ^ ^ ^ o commissioner 
 
 before some justice of the peace faithfully to execute the. duty 
 imposed on him by such order) shall with regard to such 
 examination have the same powers as the board or any 
 member thereof would have if such examination had been had 
 before the board itself. 0. O. 10, s. 39. 
 
 40. If any person so ordered to attend before the treasury Penalty in 
 
 . ,.,,,., case witness 
 
 board or any officer or person appointed as aforesaid fail Jaiis to attend 
 
 ■^ ^ '- '- before board 
 
 without valid excuse to attend as ordered or to produce anyor^ 
 document, paper or thing in his possession relating to the 
 subject matter in question or refuse to be sworn or to answer 
 any pertinent question put to him during his examinaticm, 
 such person shall be guilty of an offence and be liable on 
 summary conviction ,. thereof to a penalty of $100 and in 
 default of payment forthwith after conviction to imprison- 
 ment for a period not exceeding three months. 0. O. 10, s. 40. 
 
 commissioner 
 
1174 
 
 TREASUEY DEPARTMENT 
 
 PENALTIES AND REMEDIES FOR MALFEASANCE AND DEFAULT 
 
 Refusal to 
 
 transmit 
 
 accounts 
 
 41. If any person refuses or neglects' to transmit any 
 account, statement or return with the proper vouchers to the 
 officer or department to whom he is lawfully required to 
 transmit the same on or before the day appointed for the 
 transmission thereof, such person shall for every such refusal 
 or neglect be guilty of an offence and be liable on summar_> 
 conviction thereof to a penalty of $100 and in default of 
 payment forthwith after conviction to imprisonment for a 
 period not exceeding three months. C. O. 10, s. 41. 
 
 7 
 
 How to be 
 dealt with 
 
 Proceedings 
 where person 
 fails to pay 
 over money, 
 etc., after 
 notice 
 
 Persons 42. Whenever the treasurer has reason to believe that an 
 
 receiving 
 
 piWic moneys officer or persou has received public money or money appli- 
 accounting cable to any public purpose and has not paid over or duly 
 applied and accounted for the same he may by a notice in 
 writing lo such person (or to his representative in case of 
 death) require that within a time to be named therein such 
 money be paid over or applied and accounted for to the ' 
 treasurer or the officer to be mentioned in the notice with 
 proper vouchers. C. 0. 10, s. 42. 
 
 43. If any such person fail to pay oyer, apply or account 
 for any such money or to transmit such vouchers within the 
 time limited by the notice served on him, the treasurer shall 
 state an account against such person in the matter to which 
 the notice relates charging interest from the date of service 
 thereof which statement or a certificate thereof shall be 
 su.fficient prima facie evidence to support any proceeding for 
 the recovery of the amount thus shown to be in the hands of 
 the said person as a debt due to the crown. C. O. 10, s. 43. 
 
 may^'be*"' '*^* ^^ ^* ^^? *™^ ^* appears clearly by the books of 
 
 against officer ^^counts kept by or in the office of any revenue officer or by 
 in default }iig written acknowledgment or confession that he has by virtue 
 of his office or employment received any public money amount- 
 ing to a sum certain which he has failed to pay over to the 
 officer duly appointed to receive the same and in the manner 
 and at the time lawfully appointed, then (upon affidavit of 
 the facts by any officer cognisant thereof and thereunto 
 authorised by the Lieutenant Governor in Council made before 
 a judge of the supreme court) such judge may direct a judg- 
 ment to be entered therefor in the name of the attorney general 
 against the officer so in default in the supreme court of the 
 Territories in the judicial district in which such officer resides 
 with such costs as the judge may direct upon which execution 
 may be had as in cases of judgment obtained in the ordinary 
 course of procedure in the said court. 0, O. 10, s. 44. 
 
TREASURY DEPARTMENT 1175 
 
 45. If any person has Teceived public money for the Persons 
 
 » 1 . . ■ n T 1 receiving 
 
 purpose 01 applying it to any specinc purpose and has not so money for 
 applied it within the time or in the manner provided by law purpose 
 
 ^^ . failing to so 
 
 or if any person having held any public office and having apply it 
 ceased to hold the same has in his hands any public money 
 received by him as such officer for the purpose of being applied 
 to any specific purpose to which he has not so applied it, such 
 person shall be deemed, to have received such money for the 
 crown for the public uses of the Territories and may be 
 notified by the treasurer to pay such sum back to him; and 
 the same may be recovered froin him in any manner in which 
 debts to the crown may be recovered and an equal sum may in 
 the meantime be applied to the purpose to which such sum 
 ought to have been applied. Q. O. 10, s. 45. 
 
 46. If by reason of any malfeasance or of any gross care- ^^^^'■^iJc^'''® 
 lessness or neglect of duty by any revenue officer any sum of "^°"u|h''"''^ 
 money be lost to the crown, such officer or person shall fee malfeasance, 
 accountable for such sum as if he had collected and received 
 
 the same ; and it may be recovered from him by civil procedure 
 in the supreme court at the suit of the attorney general on 
 proof of such malfeasance, gross carelessness or neglect in like 
 manner as if he had so collected and received it. C. O. 10, 
 s. 46. 
 
 47. If any revenue officer receive directly or indirectly any Acceptance 
 money, service, value or thing whatever from any person r^ard for 
 not legally authorised to pay or allow the same on account of 
 anything done by him in any way relating to his office or 
 employment except what he receives by order or with the 
 permission of the Lieutenant Governor in Council, every such 
 
 officer shall on proof of the same to the satisfaction of the 
 Lieutenant Governor be dismissed from his office or employ- 
 ment ; and if any person (not being an officer duly authorised 
 to pay oi: allow the same) give, offer or promise any such 
 money he shall for every such gift, offer or promise be guilty 
 of an offence and be liable on summary conviction thereof to 
 a penatly of $400 and in default of payment forthwith after 
 conviction to imprisonment for a- period not exceeding six 
 months. 0.- O. 10, s. 47. 
 
 48. All books, papers, accounts and documents of what Books, etc., ot 
 
 ' -^ ^ ^ . revenue 
 
 kind soever kept or used by or in the possession of Si.nj°f««^^^ ^^ 
 revenue officer by virtue of his employment as such shall be<'™''° 
 deemed to be chattels belonging to her Majesty; and all 
 moneys or valuable . .securities received or taken into his 
 
IIYC TUEASURY nEPAETMKNT 
 
 possession by virtue of his employment shall be deemed to be 
 moneys and valuable securities belonging to her Majesty. C. 
 0. 10, s. 48. 
 
 ?emedilfnot 49. Nothing contained in this Ordinance shall prevent 
 affected ^^^^^^^ ^^, impair any remedy already given by law to her 
 
 Majesty or any other party. 0. O. 10, s. 49. 
 
 :^^sCEIXAN^•:ous tkovisioks. 
 
 Inquiries and 50. Upon all examinations and inquiries made by order of 
 examma ions ^^^ Lieutenant Governor in Council for ascertaining the truth 
 under oath as to any fact concerning the revenue or the conduct of 
 revenue officers and upon like examinations and inquiries made 
 by any person authorised by the Lieutenant Governor in 
 Council to make the same, any person to be examined as a 
 witness shall deliver his testimony on oath to be administered 
 to him by the person making the examination or inquiry. 
 C. 0. loi s. 50. 
 
 Remission oi 51. The Lieutenant Governor whene^'er he deems it con-- 
 
 taxes or fees 
 
 cas'eT''^'" ducive to the public good and when great public inconvenience 
 or great hardship arid injustice to individuals would otherwise 
 ensue may remit any tax or fee payable to her Majesty 
 imposed or authorised and relating to any matter within the 
 scope of the Legislative Assembly or any forfeiture or pecuni- 
 ary penalty imposed for any contravention of the laws relatiu'i 
 to the revenue or to the management of any public work 
 producing revenue although any part of such forfeiture or 
 penalty be given by law to the informer or prosecTitor or to 
 any other jjarty; and such remission may be made by any 
 general regulation or by special order in any particular case ; 
 and may be total or partial imconditional or conditional; b\it 
 if conditional and the condition be not performed the order 
 made in the case shall be null and void and all proceedings 
 may be had and taken as if it. had not been made. C. 
 n,''s. 51'. 
 
 statements 53. A detailed statement of all remissions mentioned in 
 
 remissions to ■ i m i m i . -i 
 
 be furnished the last preceding section shall be annuaLly submitted to the 
 Legislative Assembly within the first fifteen days of the next 
 ensuing session thereof. C. O. 10, s. 52. 
 
 Penalties and 53. The attorney general may sue for and recover in her 
 ^fajesty's name any penalty or forfeiture imposed by any law 
 relating to the revenue ; and the whole of such penalty or 
 
TKEASUKY DBPAUTilKJ,!' 1177 
 
 forfeiture shall belong to her ]Majesty for the public uses of 
 the Territories unless the Lieutenant Governor in Council do 
 (as he may if he see fit) allow any portion thereof to the 
 seizing officer or other person by whose information or aid the 
 penalty or forfeiture has been recovered. 
 
 (2) The attorney general may direct the discontinuance of 
 any suit for any such penalty or forfeiture by whom or in 
 whose name soever the same has been brought. 0. 0. 10, s. 53. 
 
 o4. AH commissions and a])])ointments of revenue officers Existing 
 issued or made before the passing of this Ordinance shall con-focontimfe" ' 
 tinue in force unless and until revoked or altered by competent 
 authority ; and the nature of the duties and local extent of the 
 powers of each officer shall (unless and until they be expressly 
 ' altered and so far as they are not inconsistent with any Ordin- 
 ance of the Legislative Assembly) remain the same as if 
 granted or made under the authority of this Ordinance subject 
 always to the provisions and enactments thereof ; and all bonds Bonds to 
 which have been given by such officers or persons or their f"" force 
 sureties shall remain in full force and effect. C. 0. 10, s. 54. 
 
 TEEKITOEIAI, ATJDITOfS. 
 
 55. For the complete examination of the public accounts Territorial 
 of the Territories and for reporting thereon to the Legislative'^" 
 i\.ssembly the Lieutenant Governor in Council may appoint an 
 officer to be called the Territorial auditor who shall hold office 
 during good behaviour and shall be removable by the Lieu- 
 tenant Governor on address of the Legislative Assembly'; but 
 
 he may at any time be suspended in office for cause assigned 
 and another person temporarily appointed by the Lieutenant 
 Governor in Council to act as Territorial auditor imtil the 
 Legislative Assembly at its next session shall have considered 
 and taken action in the premises. C. O. 10, s. 55. 
 
 56. The Lieutenant Governor in Council shall from time to Assistants 
 time appoint any officer, clerk or other person to be employed e'JSpioyed 
 in the office of the auditor. C. 0. 10, s. 56. 
 
 57. The auditor shall have power to make from time to Auditor to 
 time orders and rules for the conduct of. the internal business of ^c. ^'^'^ *^' 
 his office and to prescribe regulations and forms for the guid- 
 ance of departmental accountants in ma,king up and rendering 
 
 their accounts for examination: 
 
 Provided alwavs that sncli rules, regulations and forms Subject to 
 
 ' , , ,1 • , 1 . approval of 
 
 shall be approved by the treasury board previous to the issuetreasury 
 thereof. C. O. 10, s. 57. 
 
1178 
 
 TEEASUEY DEPAETMENT 
 
 Books ot 
 record to 
 be kept 
 
 58. The auditor shall keep proper books of record of all 
 revenues and expenditures of the Territories with an appropri- 
 ation ledger in which the several appropriations and sub- 
 appropriations shall be classified, containing an account under 
 separate and distinct heads of every such appropriation or sub- 
 appropriation (whether permanent or temporary) entering 
 under each head the amounts drawn on account of such appro- 
 priation, with the dates and names of the parties to whom 
 payments are made and the services for which they were 
 respectively made. C. O. 10, s. 58. 
 
 Uniform 
 system of 
 account books 
 
 59. A uniform system of account books adapted to the 
 requirements of each department in order to exhibit in a 
 convenient form the whole of the receipts and of payment in 
 respect of each vote shall be prepared by the auditor and sub-' 
 mitted to the treasury board for approval before its adoption. 
 C. 0. 10, s. 59. 
 
 Auditor to 60. The auditor shall check during each month the receipts 
 
 check . ° ^ 
 
 receipts and and expenditures of the several departments for the calendar 
 
 expenditures ^ ^ ^ 
 
 month previous from the books of the department wherein the 
 transactions of such are regularly posted with the books of his 
 ^jid certify office; and shall certify in the departmental books referred to 
 the result of such audit and the date of inspection. C. O. 
 10, s. 60. 
 
 Auditor to 
 
 check 
 
 accounts 
 
 61. The auditor shall examine, check and audit all accounts 
 of receipts and expenditure of public moneys whether apper- 
 taining to the Territories or received or expended by the 
 Territories on account of or in trust for any other party or 
 parties. C. 0. 10, s. 61. 
 
 Accounts to 63. AH accounts against the government of the Territories 
 
 he rendered o o 
 
 in duplicate must be rendered in duplicate ; the heads of the several depart- 
 ments or the officers, clerks or other persons charged with 
 Departmental the expenditure of public moneys shall respectively audit the 
 
 examination ,.,„, / r-i i • ■ -i r> 
 
 details 01 the accounts oi the several services m the first 
 instance and be responsible for the correctness of such examin- 
 ation ; but such departmental examination shall not relieve the 
 auditor from finally examining and auditing the accounts 
 as provided for under .this Ordinance. 0. O. 10, s. 62. 
 
 Serau™it ^^' ^^ter the correctness of any account has been certified 
 
 deait'wito ^o in the manner prescribed by the treasury board the same 
 
 shall be handed to the auditor for final examination and audit ; 
 
 and upon the completion of such examination the original 
 
TBEASUKY DEPARTMENT 
 
 1179 
 
 voucher shall be handed to the treasurer for retention the 
 other to be returned to that branch of the service under the 
 authority of which the expenditure has been incurred 0. O. 
 10, s. 63. 
 
 64. Every appropriation account shall be examined by the ^-g^^o^^f^'g"^ 
 auditor on behalf of the Legislative Assembly and in the^y*"'^^''"^ 
 examination of such accounts the auditor shall ascertain: 
 
 (a) Whether the same is supported by vouchers or proof s His duties as 
 of services having been rendered or supplies accounts 
 furnished; and 
 
 (b) Whether the money being expended is being applied 
 to the purposes for which such grant was intended: 
 
 Provided always that whenever the said auditor shall be f™^^^" ?\'^'' 
 required by the treasurer to make a re-examination of any^^™^*^^ 
 appropriation account for the purpose of ascertaining whether 
 the expenditure incurred under any such account is supported 
 by proper authority and the payment applied as indicated by 
 tbe voucher or of proof of payment or that a payment so 
 charged did not occur within the period of the account or was 
 for any reason not properly chargeable against the grant, 
 the auditor shall examine such account with that object and 
 shall report to the treasurer any expenditure which may 
 appear upon such re-examination to have been incurred or 
 applied without proper authority; and if the treasurer should 
 not thereupon see fit to sanction such unauthorised expenditure 
 it shall be regarded as not chargeable to a legislative grant Report to^^ 
 and shall be reported . to the Legislative Assembly in the 
 manner herein provided. 0. O. 10, s. 64. 
 
 65. In conducting the examination of accounts or vouchers Method of 
 relating to the appropriation of the grants for the several of accounts 
 services sanctioned by the estimates of the year, by any 
 Ordinance of the Legislative Assembly, Act of the Parliament 
 of Canada or Order of the Governor in Council, the auditor 
 shall test the accuracy of the computations of the several items 
 of such vouchers ; and if he be satisfied that the accounts bear 
 evidence that the vouchers have been completely checked, 
 examined and certified as correct in every respect and that 
 they have been allowed and passed by the proper departmental 
 officers he may admit the same as satisfactory evidence of 
 correctness in support of the charges to which they may relate 
 but he shall not be thereby relieved from his responsibility in 
 the matter: 
 
1180 
 
 TBEASUKY DEPAETMEAT 
 
 Farther 
 examination 
 
 Provided always that if the treasurer should desire any 
 vouchers to be examined by the auditor in greater detail, the 
 auditor shall cause such vouchers to be subjected to such a 
 detailed examination as the treasurer may think fit to pre- 
 scribe. C. 0. 10, s. 65. 
 
 Preparation 
 of cheques 
 
 Entering 
 of same 
 
 66. The cheques shall be prepared in the treasury depart- 
 ment and signed by the treasurer or such member of the 
 executive council as may be appointed to act as treasurer under 
 the provisions of section 18 of this Ordinance and counter- 
 signed by the auditor or other officer appointed thereunto duly 
 authorised by Order in Council; and such cheques shall be 
 entered in the books of the audit office; and it shall be the 
 duty of the auditor with an official of the treasury department 
 not later than the tenth day of each month to examine the 
 <;heque books of that department for the calendar month 
 previous comparing expenditure with his own appropriation 
 books. C. 0. 10, s. 66. 
 
 Duties of 
 auditor as 
 to issue 
 of cheques 
 
 67'. It shall be the duty of the auditor (subject to the 
 exceptions hereinafter provided for) to see that no cheque 
 issues for the payment of public money for which there is no 
 direct appropriation or which is in excess of any appropriation 
 or in excess of such sums as may have been deposited with 
 the government of the Territories in trust for any person, 
 persons or corporations. C. 0. 10, s. 67. 
 
 Certificate of 
 auditor as to 
 authority for [ 
 expenditure 
 
 Exceptions 
 
 On opinion 
 of attorney 
 general 
 
 Extraordinary 
 circumstances 
 
 68. jSTo cheque for public money shall issue (except upon 
 the certificate of the auditor that there is legislative authority 
 for the expenditure) save only in the following cases: 
 
 1. If upon any application for a cheque the auditor has 
 reported that there is no legislative authority for issuing it 
 then upon the written opinion of the attorney general that 
 there is such authority, citing it, the treasurer irrespective of 
 the auditor's report may cause the cheque to be prepared ; 
 
 2. If (when the Legislature is not in session) any accident 
 happen to any public work or building which requires an 
 immediate outlay for repair thereof or on any other occasion 
 when any cx])enditure not foreseen or provided for or insuffici- 
 ently provided for by the Legislature is urgently and immedi- 
 ately required for the public good, then ujjon the report of the 
 treasurer that there is no legislative provision or (if any) that 
 the amount is insufficient and of the head of the dei)artment 
 having charge of the service in question thai the necessity is 
 urgent the Lieutenant Governor in Council mav order a 
 special warrant to be prepared to be signed by the Lieutenant 
 
TEEASUEY DEPARTMENT 11 Sl 
 
 Governor himself authorising the expenditure of the amount 
 estimated to be required which shall be placed to the credit oi 
 the account and against which cheques may issue from time to 
 time in the usual form as they may be required ; 
 
 3. If the auditor has refused to certify that a cheque of the Objections by 
 
 , . , IT, . . , ivuditor 
 
 treasurer may issue on the ground that the money is not justly 
 due or that it is in excess of the authority granted by the 
 Lieutenant Governor in Council or for any reason other than 
 that there is no legislative authority, then upon a report of theTreasury 
 case prepared by the auditor the treasury board shall be thededde''" 
 judge of the sufficiency of the auditor's objection and may 
 sustain him or order the issue of the cheque in its discretion; 
 
 4. It shall be the duty of the auditor in all such cases to ^"'''''"' '"^ 
 
 <J prepare 
 
 prepare a statement of all such legal opinions, reports offl^^^^f^l' 
 council, special warrants and cheques issued without his certi- ^^^''™"*^' 
 ficate and of all expenditure incurred in consequence thereof 
 which he shall deliver to the treasurer to be by him presented 
 to the Legislative Assembly at the same time at which the 
 public accounts are presented ; 
 
 5. The auditor or any other person authorised to counter- Audifor to 
 sign cheques issued by the treasurer, s^hall before countersigning aii'cheque" 
 such cheques satisfy himself that the cheques are authorised 
 
 under some one or other of the provisions of this Ordinance ; 
 
 6. No part of this section shall apply to moneys deposited Not to apply 
 with the government of the Territories in trust for any person, 
 persons or coriDoration. C. 0. 10, s. 68. 
 
 60. jSTo payment shall be authorised by the auditor inpayment 
 respect of services rendered or supplies furnised by any person SSthonsed 
 in connection with any part of the public service of the certificate of 
 Territories unless (in addition to any voucher or certificate """^^ ""^^ 
 which may be required in that behalf) the person under whose 
 special charge such part of the public service is certifies to the 
 effect that such services have been rendered or such supplies 
 furnished (as the case may be) and that the charge made is 
 according to contract or (if not covered by contract) is fair 
 and just: 
 
 Provided however that no cheque shall issue for the pay- Progressive 
 ment of any progressive estimate unless the voucher or certifi- °^*""'^'<'^ 
 cate upon which such estimate is paid contains (so far as 
 practicable) the details of the materials supplied and the 
 services rendered except in the case of a payment as a pro- 
 gressive estimate when if owing to the nature of the Avork 
 performed or material supplied it is impossible to render a 
 sfatement in detail an accountable advance may be author- 
 
1182 
 
 TEEASUEY DEPAETMENT 
 
 Difference 
 between 
 auditor and 
 department 
 
 ised as partial payment; but under no circumstances is a 
 second advance to be made upon the same service until such 
 first advance is duly accounted for. C. O. 10, s. 69. 
 
 70. Should any difference arise between the auditor and 
 any department respecting the appropriations to which any 
 authorised expenditure should be changed, such difference may 
 be referred by the department to the treasury board; and the 
 board shall determine in what manner and to what appropria- 
 tion or account such expenditure shall be charged. C. O. 10 
 s. 70. 
 
 other 
 accounts 
 that auditor 
 maybe 
 required to 
 examine anl 
 audit 
 
 71. Besides the appropriation accounts of the grants of the 
 Legislature the auditor shall examine and audit (if required 
 to do so by the treasurer and in accordance with any regula- 
 tions that may be prescribed for his guidance in that behalf 
 by the treasury board) the following accounts, that is to say: 
 The accounts of all receipts of revenues forming the general 
 revenue fund of the Territories, the accounts current with any 
 bank or financial agent of the Territories, and any other public 
 accounts which (though not relating directly to the receipts 
 and expenditures of the Territories) the treasurer or the 
 treasury board may direct. C. 0. 10, s. 71. 
 
 Accounts 
 under 
 preceding 
 section, by 
 whom to be 
 rendered 
 
 Officers 
 collecting 
 money to 
 account to 
 auditor 
 
 73. The accounts which by the last preceding section the 
 treasurer is empowered to subject to the examination of the 
 auditor shall be rendered to him by the department or officer 
 directed by the treasurer so to do ; and the expression 
 "accountant" (when used in this and the following sections of 
 this Ordinance with reference to any such accounts) shall be 
 taken to mean the officer that may be so required by the treas- 
 urer to render the same ; and every public officer into whose 
 hands public moneys (in the nature either of revenue or of fees 
 of office) shall be paid by persons bound by law or by regula- 
 tion to do so or by subordinate or other officers whose duty it 
 may be to pay such moneys wholly or in part into the account 
 of the treasurer or to apply the same to any public service shall 
 (at such time and in such form as the treasury board shall 
 determine) render an account of his receipts and payments to 
 the auditor; and it shall be the duty of the clerk of the 
 executive council to inform the auditor of the appointment 
 of every such officer. C. 0. 10, s. 72. 
 
 ^'bm'ixV''*'" '^^' ^^ ^^^ °^®®^ where the auditor is required by the 
 h^*St to* treasurer to examine and audit any accounts under the last 
 treasurer ^^^^ preceding sections, he shall (on the examination of such 
 
I 
 
 TKEASUKY DEPAltTMENT Jjg3 
 
 accounts being completed) transmit a statement thereof or a 
 report thereon to the treasurer who shall (if he think fit) 
 signify his approval of such accounts; and the auditor on 
 receipt of such approval shall thereupon transmit to the 
 accountant a certificate in a form to be from time to time 
 determined by the treasury board Avhich shall be to such 
 accountant a valid and effectual discharge from so much as he 
 may thereby appear to be discharged from. 0. 0. 10, s. 73. 
 
 "74:. In order that all examinations may as far as possible Auditor to 
 proceed simultaneously with the transactions of the several to^bookTof 
 departments, the auditor shall have free access at all times i-q'^^p''''''™*"' 
 the books and other documents relating to the accounts of such 
 departments and may require the several departments con- 
 cerned to furnish him from time to time or at regular periods 
 as may be directed by the treasurer with accounts of the 
 transactions of such departments respectively up to such times 
 or periods. C. O. 10, s. 74. 
 
 75. Every accountant on the termination of his charge as Auditor to 
 such accountant or (in case of a deceased accountant) his repre-fm''p°r'oper 
 sentatives shall forthwith pay over any balances of public of moneys 
 money then due to the crown in respect of such charge to the 
 public officer authorised to receive the same; and in all cases 
 in which it shall appear to the auditor that balances of public 
 money have been improperly and unnecessarily retained by an 
 accountant he shall report the circiimstances of such cases to 
 the treasurer Avho shall take such measures as to him may 
 seem expedient for the recovery (by legal process or by other 
 lawful ways and means) of the amount of such balance or 
 balances together with interest upon the whole or on such part 
 of such balance or balances as to the treasurer may appear just 
 and reasonable. C. O. 10, s. 75. 
 
 TG. If the treasurer do not within the time prescribed by Report to 
 this Ordinance present to the Legislative Assembly any report *^'^ 
 made _by the auditor on the appropriation accounts or any 
 other accounts, the auditor shall forthwith present such report. 
 C. O. 10, s. 76. 
 
 77. The auditor shall cause to be prepared for submission Monthly 
 to the treasury board at the earliest possible moment after therev'e*nue"an'd 
 end of each month a statement- of the revenue and expenditure '=''P<'"''>'-ure 
 as shown by his books on account of the various services up to 
 the date named. 0. O. 10, s. 77. 
 
1184 
 
 TRUST COMPANIES 
 
 TRUST COMPANIES. 
 
 l903, Sess. 1, 
 
 o. 16 
 
 19 June, 1903 
 
 Short title 
 
 " Trust 
 company" 
 meaning of 
 
 An Ordinance respecting Trust Companies. 
 
 [Assetited to June 19, 1903.1 
 
 THE 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 Trust Companies' 
 Ordinance." 1903, Sess. 1, c. 15, s. 1. 
 
 2, In this Ordinance the expression "trust company" shall 
 mean a company incorporated for the purpose of exercising 
 any of the powers set forth in the schedule to this Ordinance 
 and authorised whether before or after the passing of this 
 Ordinance and whether by special Ordinance or otherwise to 
 carrv on its business in the Territories. 1903, Sess. 1, c. 15, 
 
 ^ompiance g^ -^^ coiupauy shall be incorporated or otherwise author- 
 necessary^ • ised to execute the office of executor, administrator, trustee, 
 receiver, assignee, guardian of a minor's estate or of committee 
 of a lunatic's estate unless such company has complied with 
 the provisions of this Ordinance. 1903, S'ess. 1, c. 15, s. 3. 
 
 not"o*b/ 4. 'No company shall be authorised to become or be appointed 
 
 guS?man^of guardian of the persons of infants or committee of the persons 
 iSnaUc"'' of lunatics. 1903, Sess. 1, c. 15, s. 4. 
 
 ri'MmpaSy"a8 ^- Where a trust company is authorised to execute the 
 trus ees, etc. ^gj^g ^f executor, administrator, trustee, assignee, guardian or 
 committee then in case tlie Lieutenant Governor in Council 
 approves of such company being accepted by the supreme court 
 as a trust company for the purposes of such court the said 
 court or any judge thereof may vsdth the consent of the com- 
 pany appoint such company to exercise any of the said offices 
 in respect of any estate or person under the authority of such 
 court or judge or may grant to such company probate of any 
 will in which such company is named an executor; but no 
 company which has issued or has authority to issue debentures 
 shall be approved as aforesaid. 
 
 (2) A trust company so approved of may be appointed to 
 be a sole trustee notwithstanding that but for this Ordinance 
 it would be necessary to appoint more than one trustee and 
 iiuiy also be appointed trustee jointly with another person. 
 
TEUST COMPANIES 1185 
 
 (3) Such appointment may be made whether the trustee is 
 required under the provisions of any deed, will or document 
 creating a trust or whether the appointment is under the pro- 
 visions of any Ordinance respecting trustees and executors 
 and the administration of estates or otherwise. 
 
 (4) Notwithstanding any rule of practice or any provision 
 of any Ordinance requiring security it shall not be necessary 
 for the said company to give any security for the due perform- 
 ance of its duty as such executor, administrator, trustee, 
 receiver, assignee, guardian or committee unless otherwise 
 ordered. 
 
 (5) The Lieutenant Governor in Council may revoke the 
 approval given under this section and no court or judge after 
 notice of such revocation shall appoint any such company to 
 be an administrator, trustee, receiver, assignee, guardian or 
 committee unless such company gives the like security for the 
 due performance of its duty as would be required from a 
 private person. 1903, Sess. 1, c. 15, s. 5. 
 
 6. The liability of a trust company to persons interested in Liability of 
 an estate held by the company as executor, administrator, acMngaa 
 trustee, receiver, assignee, guardian or committee as aforesaid ™^ ^' 
 shall be the same as if the estate had been held by any private 
 person in the like capacity and its powers shall be the eame. 
 1903, Sess. 1, c. 15, s. 6. 
 
 of afTaire of 
 company 
 
 T. The supreme court if it deems necessary may from time investjgat: 
 to time appoint a suitable person to investigate the affairs and 
 management of any trust company; and such person shall 
 report thereon to the court and regarding the security afforded 
 to those by or from whom the engagements of the company 
 are held; and the expense of such investigations shall be 
 defrayed by the company ; or the court may if it deems neces- 
 sary examine the officers or directors of the company under 
 oath as to the security aforesaid. 
 
 (2) The Lieutenant Governor may also from time to time 
 when he deems it expedient appoint an inspector to examine 
 the affairs of any such company and report to him on the 
 security afforded to those by and for whom its engagements 
 are held- as aforesaid ; and the expense of the investigation 
 shall be borne by the company. 1903, Sess. 1, c. 15, s. Y. 
 
 8. Every court into which money is paid by parties or is Deposit with 
 broueht bv order or iudgment may by order djirect the same to money paid 
 
 o J JO , 1 , I . into court 
 
 be deposited, with any trust company that may agree to accept 
 
llyo 
 
 TRUST COMPANIES 
 
 the same and the company may pay any lawful rate of interest 
 on such moneys as may be agreed upon and "where no special 
 arrangement is made interest shall be allowed by the company 
 at the rate of not less than three per centum annually. 
 
 (3) Every trust company may invest any trust moneys in 
 its hands in any securities in which private trustees may by 
 law invest trust moneys and may also invest such moneys in 
 the public stock funds or government securities of any of the 
 provinces of the Dominion or in any securities guaranteed by 
 the United Kingdom of Great Britain and Ireland or by the 
 Dominion or by any of the said provinces or in the bonds or 
 debentures of any municipal cm'poration or schij(jl district in 
 the Xorth-AA^'est Territories or in securities which are a first 
 charge on lands held in fee simple in the Territories : 
 
 Provided that such company shall not in any case invest the 
 moneys of any trust iii securities prohibited by the trust and 
 shall not invest moneys intrusted to it by any court in a class 
 of securities disapproved of by the court. 1903, Sess. 1, e.. 
 15, s. 8. 
 
 Trust 
 companies 
 
 debentures Ordinance shall issue debentvn-es 
 
 9- Xo trust company incorporated under The Companies 
 
 1903, Sess. 1, c. 15, s. 9. 
 
 SCHEDULE. 
 
 Powers Which may be Givex to Trust Companies. 
 
 To take, receive and hold all estates and property, real and 
 personal, which may be granted, committed, transferred or con- 
 veyed to them with their consent upon any trust or trusts 
 whatsoever (not contrary to law) at any time or times, by any 
 person or persons, body or bodies corporate, or by any court in 
 the Territories ; 
 
 To take and receive on deposit upon such terms and for 
 such remuneration as may be agreed upon deeds, wills, 
 policies of insurance, bonds, debentures or other valuable 
 papers oi- securities for money, jewelry, plate or other chattel 
 pro])ei'|-y of any kind and to guarantee the safe keeping of the 
 same; 
 
 To act generally as attorney or agent for the transaction of 
 .business, the management of estates, the collection of loans, 
 rents, interest, dividends, debts, mortgages, debeutures, bonds, 
 bills, notes, coupons and, other securities for money; 
 
TRUSTEES 
 
 1187 
 
 To act as agent for the pnrp(.)sc of is&uiii,i;' or comitersigxiiiig' 
 certificates of stock, boilds or other ohligatioiis of any associa- 
 tion or corporation, innnicipal or other ; 
 
 To receive, invest and manage any sinldng fund therefor on 
 such terms as may be agreed upon ; 
 
 To accept and execute the offices of executor, administrator, 
 trustee, receiver, assignee or pi trustee for the benefit of credi- 
 tors imder any Ordinance of the Legislature of the Territories ; 
 and of guardian of any minor's estate, or committee of any 
 lunatic's estate; to accept the duty and act generally in the 
 winding up of estates, partnerships, companies and corpora- 
 tions ; 
 
 To guarantee any investments made l)y them as agents or 
 otherwise ; 
 
 To sell, pledge or mortgage any mortgage or other security 
 or any other real or personal property held by the company 
 from time to time and to make and execute all requisite con- 
 veyances and assurances in respect thereof; 
 
 To make, enter .into, deliver, accept and receive all deeds, 
 conveyances, assurances, transfers, assignments, grants and 
 contracts necessary to carry out the purposes of the said com- 
 pany and to promote the objects and business of the said 
 company ; 
 
 And for all such services, duties and trusts to charge, collect 
 and receive all proper remuneration, legal, usual and cus- 
 tomary costs, charges and expenses. 1903, Sess. 1, c. 15. 
 
 TRUSTEES. 
 
 An Ordinance respecting Trustees and Executors and^^^fj'^®^^-^' 
 the administration of Estates. '' ^•'^'•' '"'' 
 
 [Assented to Novemher 21, 1903.'] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows : 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as ''The Trustee Orclin- short utie 
 ance." 1903, Sess. 2, c. 11, s. 1. 
 
 I ^'TER^EETATTO X . 
 
 2. Unless the context otherwise requires the ex]ircssion interpretat on 
 "trustee" shall be deemed to include an executor or adminis- 
 
1188 TEUSTEES 
 
 trator and a trustee whose trust arises by construction or 
 implication of law as well as an express trustee and shall also 
 include several joint trustees. 1903, Sess. 2, c. It, a. 2. 
 
 INVESTMENTS. 
 
 iw't^truTr^ 3. Trustees having trust money in their hands which it is 
 S?t>vm '" their duty or which it is in their discretion to invest at interest 
 securities ^j^^^-j^^ ^^ ^^ liberty at their discretion to invest the same in any 
 stocTt, debentures or securities of the government of the 
 Dominion of Canada or of any of the provinces of Canada or 
 any debentures or securities the payment of which is guar- 
 anteed by the government of the Dominion of Canada or of any 
 province of Canada or in the debentures of any municipality 
 or school district in the Territories ; or in securities which are 
 a first charge on land held in fee simple provided that such 
 investments are in other respects reasonable and proper and 
 such trustees shall also be at liberty at their discretion to call 
 in any trust funds invested in any other securities than as 
 aforesaid and to invest the same in any such stock, debentures 
 or securities aforesaid and also from time to time at their 
 discretion to vary any such investments as aforesaid for others 
 of ths same nature ; and any such moneys already invested in 
 any such stock, djebentures or securities as aforesaid shall be 
 held and taken to have been lawfully and properly invested. 
 
 appiy'to*a°"'° (2) This scction shall apply and extend to both present and 
 trustees, etc. ^^^^^^ trustces. 1903, Sess. 2, c. 11, s. 3. 
 
 Additional 4. The powers hereby conferred are in addition to the 
 
 powers giveu ■■■ . y 
 
 powers conferred by the instriiment, if any, creating the trust : 
 Proviso Provided that nothing herein contained shall authorise any 
 
 trustee to do anything which he is in express terms forbidden 
 to do or to omit to do anything which he is in express terms 
 directed to do by the instrument creating the trust. 1903, 
 Sess. 2, 0. 11, s. 4. 
 
 When trustee 5. jSTo trustee lending money upon the security of any 
 fo°r ilnd'uis^oif property shall be chargeable with breach of trust by reason 
 security " only, of the proportion borne by the amount of the loan to the 
 value of the property at the time when the loan was made 
 provided that it appears to the court that in making the loan 
 the trustee was acting upon a report as to the value of the 
 property made by a person whom the trustee reasonably 
 believed to be an able practical surveyor or valuer instructed 
 aildi ppiployed independently of any o'wner of the property 
 
TEtrSTEES 1189 
 
 whether such surveyor or valuer carried on business in the 
 locality where the property is situate or elsewhere and! that 
 the amount of the loan does not exceed two-thirds of the value 
 of the property as stated in the report and that the loan was 
 made under the advice of the surveyor or valuer expressed in 
 the report. 
 
 (2) This section shall apply to a loan upon any property on 
 which the trustee can lawfully lend and to transfers of existing 
 securities as well as to new securities and to investments made 
 as well before as after the passing of this Ordinance. 1903, 
 Sess. 2, c. 11, s. 5. 
 
 6. Where a trustee has improperly advanced trust money on Trustees 
 
 - , . i-i- lending more 
 
 a mortgage security which would at the time of the investment than 
 
 o o ^ _ authorised 
 
 have been a proper investment in all respects for a less sum amount 
 than was actually advanced thereon the security shall be 
 deemed an authorised investment for such less sum and the 
 trustee shall only be liable to make good the sum advanced in 
 excess thereof with interest. 
 
 (2) This section shall apply to investments made as well" 
 before as after the passing of this Ordinance. 1903, Sess. 2, 
 c. 11, s. 6. 
 
 7. No trustee shall be liable for breach of trust by reason Liability in 
 only of his continuing to hold an.investment which has ceased f'^gg^^gn^t''"' 
 to be an investment authorised by the instrument of trust or 
 
 by the general law and this provision shall apply to cases 
 arising before or after the passing of this Ordinance. 1903, 
 Sess. 2, c. 11, s. 7. 
 
 EIGHTS AND LIABILITIES OF TETJSTEES. 
 
 8. Everv deed, will or other document creating a trust Every:trust 
 
 •/ ^ ' ,. . 1 n -ii J. • J- J. instrument to 
 
 either expressly or by implication shall without prejudice to be deemed^to^ 
 the clauses actually contained therein be d;eemed to contain afo^the^^^^^^^ 
 clause in the words or to the effect following that is to say: ^^burse-^ 
 "That the trustees or trustee for the time being of the said trustees 
 deed, will or other instrument shall be respectively chargeable 
 only for such moneys, stocks, funds and securities as they shall 
 respectively actually receive notwithstanding their respectively 
 signing any receipt for the sake of conformity and shall be 
 answerable and accountable only for their own acts, receipts, 
 neglects or defaults and not for those of each other nor for 
 any banker, broker or other person with whom any trust 
 moneys or securities may be deposited; nor for the insuffi- 
 
1100 TBTTSTKICS 
 
 cicucy (!!■ deficiency (if any stocks, fnnds or securities nor for 
 ;iny other loss nnless the same shall happen through their own 
 M'ilful neglect or default respectively; and also that it shall be 
 lawful for the trustees or trustee for the time being of the said 
 deed, will uv other instrument to reimburse themselves or 
 himself or pay or discharge out of the trust premises all 
 expenses incurred in or about the execution of the trusts or 
 powers of the said deed, "will or other instrument. 1903, Sess. 
 2, c. 11, s. 8. 
 
 ^f "new"'""'"' ^- ^Vhere a trustee, either original or siibstituted and 
 trustees whether appointed by the court or otherwise, dies or desires 
 
 to be discharged from or refuses or becomes unfit or incap- 
 able to act in the trusts or powers in him reposed before the 
 same have been fully discharged and performed it shall be 
 lawful for the person or persons nominated for that purpose by 
 the deed, will or other instrument creating the trust, if any, or 
 if there be no such person or no such person able and willing 
 1o act, then for the surviving or continuing trustees or trustee 
 for the time being or the acting executors or executor or 
 administrators or administrator of the last surviving and con- 
 tinuing trustee or for the last retiring trustee by writing to 
 appoint any other j)erson or persons to be a trustee or trustees 
 in place of the trustee or- trustees dying or desiring to be dis- 
 charged or refusing or becoming imfit or incapable to act as 
 af (jresaid ; and so often as any new trustee or trustees is or are 
 so appointed as aforesaid all the trust property, if any, which 
 for the time being is vested in the surviving or continuing 
 trustees or trustee or in the heirs, executors or administrators 
 of any trustees or trustee shall with all convenient speed be 
 conveyed, assigned and transferred so that the same may be 
 legally and effectually vested in such new trustee or trustees 
 either solely or jointly with the surviving or continuing 
 trustees or a surviving or continuing trustee as the case may 
 reipiire; and every new trustee to be appointed as aforesaid 
 as well before as after such conveyance, assignment or transfer 
 as aforesaid and also every trustee appointed by the court 
 either before or after the passing of this Ordinance shall have 
 the same powers, authorities and discretions and shall in all 
 respects act as if he had originally been nominated a trustee 
 ])Y the deed, will or other instrument creating the trust. 
 
 {'■2) On the appointment of a new trustee for the whole or 
 any ]inrt of the trust property: 
 
 (a) The number of trustees may be increased; and 
 
TRUSTEES 1191 
 
 (b) A separate set of trustees may be appointed for any 
 part of the trust property held on trusts distinct from 
 those relating to any other part or parts of the trust 
 property notwithstanding that no new trustees or 
 trustee are or is to be appointed for other parts of 
 the trust property and any existing trustee may be 
 appointed or remain one of such separate set of 
 trustees; or if only one trustee was originally 
 a])pointed then one separate trustee may be so 
 a])pointed for "any such part of the trust property; 
 and 
 
 (c) It shall not be obligatory to appoint more than one 
 new trustee where only one trustee was originally 
 appointed or to fill up the original number of trustees 
 where more than two trustees were originally 
 appointed; but, except where only one trustee was 
 originally appointed, a trustee shall not be discharged 
 under this section from his trust unless there will be 
 at least two trustees to perform the trust ; and 
 
 (d) Any assurance or thing requisite for vesting the trust 
 pro})erty or any part thereof jointly in the persons 
 who are the trustees shall be executed or done. 
 
 (3) Every new trustee so appointed, as well before as after 
 all the trust property becomes by law or by assurance or 
 otherwise vested in him shall have the same powers, authori- 
 ties and discretions and may in all respects act as if he has 
 been originally ajjpointed a trustee by the instrument, if any, 
 creating the trust. 
 
 (4) The provisions of this section relative to a trustee who 
 is dead include the case of a person nominated trustee in a will 
 but dying before the testator, and those relative to a continuing 
 trustee include a refusing or retiring trustee if willing to act 
 in the execution of the provisions of this section. 
 
 (5) 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 any provisions therein contained. 
 
 (6) This section applies to trusts created either before or 
 after the passing of this Ordinance. 1903, Scss. 3, c. 11, s. 9. 
 
 10. "Where there are more than two trustees if one of I hem Retirement 
 by deed declares that he is desirous of being discharged from 
 the ti'ust and if his co-trustees and such other person, if any, 
 as is empowered to appoint trustees by deed consent /to the 
 
1192 
 
 TRUSTEES 
 
 Vesting of 
 
 trust property 
 
 in new or 
 
 continuing 
 
 trustees 
 
 without 
 
 conveyance 
 
 discharge of the trustee and to the vesting in tne co-trustees 
 alone of the trust property, then the trustee desirous of being 
 discharged shall be deemed to have retired from the trust and 
 shall by the deed be discharged therefrom under this Ordin- 
 ance without any new trustee being appointed in his place. 
 
 (2) Any assurance or thing requisite foi. vesting the trust 
 property in the continuing trustees alone shall be executed or 
 done. 
 
 (3) 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 any provisions therein contained. 
 
 (4) This section applies to trusts created either before or 
 after the passing of this Ordinance. ,1903, Sess. 2, c. 11, s. 10. 
 
 11. Where an instrument by which a new trustee is 
 appointed to perform any trust contains a declaration by the 
 appointor to the effect that any estate or interest, in any land 
 subject to the trust or in any chattel so subject or the right 
 to recover and receive any debt or other thing in action so 
 subject shall (vest in the persons who by virtue of such instru- 
 ment become and are the trustees for performing the trust, 
 that declaration shall ' without any conveyance or assignment 
 but subject to the provision of any Act or Ordinance respect- 
 ing the registration of titles to lands operate to vest in those 
 persons as joint tenants. and for the purpose of the trust that 
 estate, interest or right. 
 
 (2) Where an instrument by which a retiring trustee is 
 discharged under this Ordinance contains such a declaration 
 as is in this section mentioned by the retiring and continuing 
 trustees and by the other person, if any, empowered to appoint 
 trustees that declaration shall without any conveyance or 
 assignment but subject as aforesaid operate to vest in the 
 continuing trustees alone as joint tenants and for the 
 purposes of the trust, the estate, interest or right to which the 
 declaration relates. 
 
 (3) This section does not extend to any share, stock, 
 aimuity or property only transferable in books kept by a 
 company or other body or in manner prescribed by or under 
 an Ordinance of the Legislative Assembly of the Territories. 
 
 (4) For the the purpose of registration of an instrument 
 the person or persons making the declaration shall be deemed 
 the conveying party or parties and the conveyance shall be 
 deemed to be made by him or them under a power conferred 
 by this Ordinance. 1903, Sess. 2, c. 11, s. 11. 
 
TllUSTEES 1193 
 
 PUKOHASE AND SALE. 
 
 13. Where a trust for sale or a power of sale of W(^V^^tjf°^iee°toT 
 is vested in a trustee he may sell or concur with any other S''''''J° s«'l*'y 
 
 T] ' 11 *^ auction, etc. 
 
 person m selling all or any part of the property either subject 
 to prior charges or not and either together or in dots, by 
 public auction or by private contract subject to any such 
 conditons respecting title or evidence of title or other matter 
 as the trustee thinks fit with power to vary any contract for 
 sale and to buy in at any auction, or to rescind any contract 
 for sale and to resell without being answerable for any loss. 
 
 (2) This section applies only if and as far as a contrary 
 intention is not expressed in the instrmnent creating the trust 
 or power and shall have effect subject to the terms of that 
 instrument and to the provisions therein contained. 1903, 
 Sess. 2, c. 11, s. 12. 
 
 13. ISTo sale made by a trustee shall be impeached by any Power to aeii 
 beneficiary upon the ground that any of the conditions subject depreciatory 
 to which the sale was made may have been unnecessarily" ° " " 
 depreciatory unless it also appears that the consideration for 
 
 the sale was thereby rendered inadequate. 
 
 (2) No sale made by a tmstee shall after the execution of 
 the conveyance be impeached as against the purchaser upon 
 the ground that any of the conditions subject to which the 
 sale was made may have been unnecessarily depreciatory 
 unless it appears that the purchaser was acting in collusion 
 with the trustee at the time when the contract for sale was 
 made. 
 
 (3) jSTo purchaser ;ipon any sale made by a trustee shall be 
 at liberty to make any objection against the title upon the 
 ground aforesaid. 1903, Sess. 2, c. 11, s. 13. 
 
 14. Upon the death of a bare trustee of any corporeal or ^-^e simple 
 incorporeal hereditament of which such trustee was seized iutr^tees'to^'^^ 
 fee simple such hereditaments shall vest in the legal personal peraona'i^^"^ 
 representative from time to time of such trustee. 1903, 'Sess. tf?ef ™*^" 
 2, c. 11, s. 14. 
 
 15. Where any freehold hereditament is vested in a conveyances 
 married woman as bare trustee she may convey or surrender woman as 
 the same as if she were a feme sole and without her husband 
 joining in the conveyance. ,1903, Sess. 2, c. 11, s. 15. 
 
 16. The hona fide payment of any money to and theReoe^ptsof^^ 
 receipt thereof by any person to whom the same is P^y^^^eeffeotuai^^ 
 
1194 
 
 TEUSTEES 
 
 upon any express or implied trust or for any limited purpose 
 and such payment to and receipt by the survivors or survivor 
 of two or more mortgagees or holders or the executors or 
 administrators of such survivor or their or his assigns shall 
 effectually discharge the person paying the same from seeing 
 to the application or being answerable for the misapplication 
 thereof unless the contrary is expressly declared by the instru- 
 ment creating the trust or security. 1903, Sess. 2, c. 11, s. 16. 
 
 VAEIOUS POWERS AND LIABILITIES. 
 
 Appointment 
 of agents by 
 trustees for 
 certain 
 purposes 
 
 1^. It shall be lavyful for a trustee to appoint an advocate 
 to be his agent to receive and give a discharge for any money 
 or any valuable consideration of property receivable by such 
 trustee under the trust; and no trustee shall be chargeable 
 with breach of trust by reason only of his having made or 
 concurred in making any such appointment: 
 
 Provided that nothing herein contained shall exempt a 
 trustee from any liability which he would have incurred if this 
 section had not been enacted in case of permitting such money, 
 valuable consideration or property to remain in the hands or 
 under the control of the advocate for a period longer than is 
 reasonably necessary to enable the solicitor to pay or transfer 
 the same to the trustee. 
 
 (2) It shall be lawful for a trustee to appoint a chartered 
 bank or advocate to be his agent to receive and give a discharge 
 for any money payable to such trustee under or by virtue of a 
 policy of assurance or otherwise; and no trustee shall be 
 chargeable with a breach of trust by reason only of his having 
 made or concurred in making any such appointment: 
 
 Provided that nothing herein contained shall exempt a 
 trustee from any liability which he would have incurred if 
 this section had not been enacted in case he permits such money 
 to remain in the hands or under the control of the bank or 
 advocate for a period longer than is reasonably necessary to 
 enable him to pay the same to the trustee. 1903, Sess. 2, c. 
 11, s. 17. 
 
 Powers of 
 
 trustees to 
 insure trust 
 
 18. It shall be lawful for but not obligatory upon a trustee 
 to insure against loss or damage by fire any building or other 
 insurable property to any amount (including the amount of 
 any insurance already on foot) not exceeding three equal 
 fourth parts of the full value of stich building or property 
 and to pay the premiums for such insurance out of the income 
 thereof or out of the income of any other property subject to 
 the same trusts without obtaining the consent of any person 
 entitled wholly or partly to such income. 
 
TBtfSTEES 1195 
 
 (2) This section shall not apply to any biiilding or 
 property which a trustee is bound forthwith to convey abso- 
 lutely to any cestui que trust upon being requested to do so. 
 1903, Sess. 2, c. 11, s. 18. 
 
 19. Where a trustee has committed a breach of trust at theJo'^^^^^ung 
 insiigation or request or with the consent in writing of a bene-J'^lfat"' 
 ficiary the court may if it thinJks fit and notwithstanding j,f^^f,^'i°P,ry 
 that the beneficiary is a married woman entitled for her 
 separate use whether with or without a restraint upon antici" 
 pation make such order as to the court seems just for 
 impounding all or any part of the interest of the beneficiary 
 in the trust estate by way of indemnity to the trustee or 
 person claiming through him. 1903, Sess. 2, c. 11, s. 19. 
 
 30. The receipt in -writing of any trutsee for any money, P°YtYe°to ive 
 securities or other personal property or effects payable, trans- ''«"'«ip'^ 
 ferable or deliverable to him under any trust or power shall 
 be a suflicient 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 misapplication thereof. 
 
 (2) This section applies to trusts created either before or 
 after the passing of this Ordinance. 1903, Sess. 2, c. 11, s. 20, 
 
 21. A trustee or two or more trustees acting together or Power for 
 a sole acting trustee where by the instrument, if any, creatingtrustees to 
 
 , , . . . -, , , coinpound,etc 
 
 the trust a sole trustee is authorised 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 com- 
 promise, compound, abandon, submit to arbitration or other- 
 wise 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 
 aud ' 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. 
 
1196 TnUSTEES 
 
 (3) This section applies to executorships, administrator- 
 ships- and trusts constituted or created either before or after 
 the passing of this Ordinance. 1903, Sess. 2, c. 11, s. 21. 
 
 Powers of 
 two or more 
 
 23. Where a power or trust is given to or vested in two 
 
 tniatee;8 ^^ more trustees 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. 1903, Sess. 2, c. 11, s. 22. 
 
 of'trustee°" ^^' "^ trustee acting or paying money in good faith under 
 certldn powCTs °^ i^ pursuance of any power of attorney shall not be liable 
 of attorney f^j. ^-j^j g^^jj ^^.^ pj. 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) !No thing in this section shall affect 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. 1903, Sess. 2, 
 c. 11, s. 23. 
 
 MAINTENAIVCE OF INFANTS. 
 
 i'^ "^ert held ^^' -""^ ^^^ cascs where any property is held by trustees in 
 infaiu'*""^ trust for an infant either absolutely or contingently on his 
 apDiy^income f^ttaining the age of twenty-one years or on the occurrence of 
 tenMci" '^^y event previously to his attaining that age it shall be law- 
 ful for such trustees at their sole discretion 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 lof the income to which such infant may be 
 entitled in respect of such property whether there be any fund 
 applicable to the same purpose or any other person bound by 
 law to provide for such maintenance or education or not ; and 
 such trustees shall accumulate all the residue of such income 
 by way of compoiind 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 is 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. 1903, 
 Sess. 2, c. 11, s. 24. 
 
 of infant 
 
TRUSTEES 1197 
 
 35. In all oases where any property either real or personal Property held 
 is held by trustees in trust for an infant either absolutely or infants may be 
 contingently on his attaining the aee of twenty-one years or of a jud|e Ind 
 
 ,1 ,. . d J proceeds 
 
 on the occurrence ol any event previously to his attaining that thereof 
 
 J 1 1 . . . „ ' applied for 
 
 age and wnere the income arising from such property is insufS- maintenance 
 
 . , . ^ r r J and education 
 
 cient tor the maintenance and education of such infant it shall of such infants 
 
 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 maintenance and education Application 
 
 of such infant then the said trustees shall invest 'the surplus investment of 
 
 i,T T.-- -\ f r • • moneys so 
 
 moneys and the resulting income therefrom from time to time realised 
 in proper securities and shall apply such moneys and the 
 proceeds thereof from time to time for the education and 
 maintenance of the said infant and shall hold all the residue 
 of the moneys and interest thereon not required for the educa- 
 tion and maintenance of such infant as aforesaid for the benefit 
 of the person who shall ultimately become entitled to the proji- 
 erty from which such moneys and interest have arisen. 1903, 
 Sess. 2, c. 11, s. 25. 
 
 36. Where a trustee or assignee acting under the trusts of Distribution 
 a deed or assignment for the benefit of creditors generally or a under trust 
 particular class or classes of creditors v?here the creditors are 
 
 not designated by name therein or an executor or an adminis- 
 trator hds given such or the like notices as in the opinion D^e^ed^s^for 
 of the court in vs^hich such trustee, a&signee, executor or admin- CTcditnrs or of 
 istrator is sought to be charged, would have been given by the [^t*gt°{e°after 
 supreme court in an action for the execution of the trusts of {Jy^r^g^e™" 
 such deed or assignment or an administration suit, as the case ^efu^r or 
 may be, for creditors, and others to send in to such trustee, administrator 
 assignee, executor 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 
 ])art thereof amongst the parties entitled thereto having 
 regard to the claims of which the trustee, assignee, executor or 
 
1198 
 
 TETJSTEES 
 
 administrator has then notice and shall not be liable for the 
 proceeds of the trust estate or assets, as the case may be, or 
 any part thereof so distributed to any person of whose claim 
 the trustee, 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. 1903, Sess. 2, c. 11, 
 s. 26. 
 
 PAYMENT INTO COUET BY TEUSTBES. 
 
 Payment into 
 court by 
 truttees 
 
 Relief of 
 
 trustees 
 
 committing 
 
 technical 
 
 breach of 
 
 trust 
 
 37. Trustees or the majority of trustees haviru;; in their 
 hands 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 securi- 
 ties 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. 1903, Sess. 2, c. 11, s. 27. 
 
 38. If in any proceeding affecting trustees or trust propertv 
 it appears to the court that a trustee whether appointed by 
 the court or by an instrument in writing or otherwise or that 
 any person who in law may be held to be fiduciarily respon- 
 sible as a trustee is or may be povsonallv liable f(n' anv 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 exenspd 
 
TRUSTEES 1199 
 
 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 may relieve the trustee either wholly or partly 
 froni personal liability for the same. 1903, Sess. 2, c. 11, 
 s. 28. 
 
 EIGHTS AND LIABILITIES OF EXEOUTOES AND ADMINISTEATOKS. 
 
 39. The executors or administrators of any deceased person Actions by 
 may maintain an action for all torts or injuries to the person adminis- 
 or to the real or personal estate of the deceased except in cases torts'"^ °'' 
 
 of libel and slander in the same manner and with the same 
 rights and remedies as the deceased would if living 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 brctiight within one year after his decease. 1903, Sess. 
 2., c. 11, s. 29. 
 
 30. In case any deceased person committed a wrong to^*!^^?™^ 
 another in respect of his person or of his real or personal prop- admMs" ^^^ 
 erty except in cases of libel and slander the person so wronged j™'""^^ ^°^ 
 may maintain an action against the executors or administra- 
 tors of the person who committed the wrong; but such action 
 
 shall be brought within one year after the decease. 1903, 
 Sess. 2, c. 11, s. 30. 
 
 31. In estimating the„damages in any action under either aSneuVder 
 of the next preceding two sections the benefit, gain, profit sections"* '"^ 
 or • advantage which in consequence of or resulting from the 
 
 wrong committed may have accrued to the estate of the person 
 who committed the wrong shall be taken into consideration 
 and shall form part or may constitute the whole of the dam- 
 ages to be recovered and whether or not any property or the 
 proceeds of value of property belonging to the person bringing 
 the action or to his estate has or have been appropriated by or 
 added to the estate or moneys of the person who committed 
 the wrong. 1903, Sess. 2, c. 11, s. 31. 
 
 33. The executors or administrators of any lessor or land- ^/f^;^'?J'? - 
 lord may distrain upon the lands demised for any term or at lessor may 
 will for the arrears of rent due to such lessor or landlord in hisfrrlare" '°' 
 lifetime in like manner as such lessor or landlord might have 
 done if living. 1903, Sess. 2, c. 11, s. 32, 
 
1200 TRUSTEES 
 
 rfrentmlTb e ^^- ^uch arrears may be distrained for at any time within 
 wfthfn"tx '°'" six months after the determination of the term or lease and 
 determination J^ring the continuance of the possession of the tenant from 
 of the lease ^]jojn the arrears became due; and the law relating to dis- 
 tresses for rent shall be applicable to the distresses so made as 
 aforesaid. 1903, Se&s. 2, c. 11, s. 33. 
 
 Uvesof^"*''" ^'^' I^ °^S6 any one or more joint contractors, obligors or 
 
 contractors'"' partners die the person interested in the contract, obligation or 
 
 the olher'^jSn't promise entered into by such joint contractors, obligors or 
 
 iMn^g "'""^^ ^^ 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 liable to a greater 
 
 extent than they would have been if this section had not been 
 
 passed. 1903, Sess. 2, c. 11, s. 34. 
 
 Devisee in 35. Where by any will coming into operation before or 
 
 trust may . . . 
 
 raise money after the passing of this Ordinance a testator charges his real 
 
 mortgage to estate or any specific portion thereof with the payment of his 
 
 notvrithstand- ^^^^^ ^r with the payment of any legacy or other specific sum 
 
 expres"po°wer ^^ nioney and devises the estate so charged to any trustee or 
 
 in the will trustees for the whole of his estate or interest therein and does 
 
 not make any express provision 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 
 
 otlier and a mortgage so executed may reserve such rate of 
 
 interest and fix such period or periods of repayment as the 
 
 ]ierson or persons executing the same think proper. 1903, 
 
 Sess. 2,, c. 11, s. 35. 
 
 by "ast section «^^: The ]Ki\vers conferred by the next preceding section 
 survi'vOTs'" shall extend to all and every the person or persons in whom 
 devisees, . ^-^^ 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. 1903, Sess. 2, c. 11, 
 s. 36. 
 
TRUSTEES 1201 
 
 37. Purchasers or mortgagees shall not be bound to inquire Purchasers, 
 whether the powers conferred by the preceding two sections of bound°to 
 this Ordinance or any of them have been duly and correctly exercise^of ° 
 
 11.1 . . Tiowera 
 
 exercised by the person or persons aetmg m virtue thereof. 
 1903, Sess. 2, c. 11, s. 3Y. 
 
 38. Where there is in any will or codicil of any deceased Pgi^^^lj?"^*^ 
 person whether such will has been made or such person has ^yixlcutor 
 died before or after the passing of this Ordinance anydirec- ^ersoiTi""'''" 
 tion whether express or implied to sell, dispose of, appoint, t™°ife'e^^ame 
 mortgage, incumber or lease any real estate and no person is 
 
 by the said will or some codicil thereto or otherwise liy 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 direc- 
 tion to sell, dispose of, appoint, incumber 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 as if the 
 executor or executors of the testator were appointed by the 
 testator to execute and carry the same into effect. 1903, Sess. 
 2, c. 11, s. 38. 
 
 39. Where there is in any will or codicil thereto of any Administrator 
 
 1111 "'' *"'' 
 
 deceased person whether such will has been made or sneh annexed may 
 
 '- _ exeroiae power 
 
 person has died before or after the passing of this Ordinance "' '^i® siven 
 
 ^ . . to the executor 
 
 any power to any executor or executors in such will to sell, 
 dispose of, appoint, mortgage, incumber 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, incumber 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. 1903, Sess. 2, c. 11, s. 39. 
 
 40. Where there is in any will or codicil thereto of any Or when no 
 
 . , , one named in 
 
 deceased person whether such will has been made or such per- the win to 
 son has died before or after the passing of this Ordinance any «o^e^^^°' 
 power to sell, dispose of, appoint, mortgage, incumber or 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 admin- 
 
1202 TRUSTEES 
 
 istration with such will annexed have been by the siipreme 
 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, mort- 
 gage, incumber or lease such real estate and any estate or 
 interest therein in as full, large and ample a manner and with 
 the same legal efEect as if such last named person had been 
 appointed by the testator to execute such power. 1903, Sess. 
 2, c. 11, s. 40. 
 
 S;c*°mar" '^^' Where any person has entered into a contract in writing 
 
 pu?i,!In?e of a f or the sale and conveyance of real estate or any estate or 
 safe madl°by interest therein and such person has died intestate or without 
 deceased providing by Avill for the conveyance of such real estate or 
 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 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 
 sufficient conveyance or conveyances of such estates and of 
 such nature as the said deceased if living woxild 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. 
 1903, Sess. 2, c. 11, s. 41. 
 
 nutiesand 43. Every executor, administrator and administrator with 
 
 liabilities o( "^ , ,...., 
 
 an executor ^^q -^lU annexed shall as respects the additional powers vested 
 administrator Jq J^jni bv this Ordinance and any money or assets by him , 
 
 acting under / • ,. i i i 
 
 th^ o" d'"'''n'e '■eceived m consequence of the exercise of such powers be sub- 
 ject to all the 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 imjjosed upon an 
 executor or other person appointed by the testator to execute 
 the same or in case of there being no such executor or person 
 would have been imposed by law or by the supreme court or a 
 judge thereof. 1903, Sess. 2, c. 11, s. 42. 
 
 bytiSr'''™" ^^' Where there are several executors, administrators or 
 Pwo^OTmOTe" administrators with the will annexed and one or more of them 
 survivors ^-^ ^j^g pg^^ers hereby created shall vest is the survivor or sur- 
 vivors. 1903, Sess. 2, c. 11, s. 43. 
 
 In case of 44. Q^ the administration of the estate of a deceased ner- 
 
 deficieiioy _ 1^ 
 
 of assets debts gQjj^ in casc of the deficiency of assets, debts due to the crown 
 passu ^j^(j |.Q tjjg executor or administrator of the deceased person 
 
TRUSTEES 1203 
 
 and debts to others including therein respectively debts by 
 judgment 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 prefer- 
 ence or priority of debts of one rank or nature over those of 
 another ; but nothing herein contained shall prejudice any lien Not to affect 
 existing during the lifetime of the debtor on any of his real or 
 personal estate. 1903, Sess. 2, c. 11, s. 44. 
 
 45. In case the executor or administrator gives notice in J*."'^^^ ^^nd 
 writing referring to this section of his intention to avail him- enaction mSst 
 self thereof to any creditor or other person of whose claims ^^luJlnT^'^ 
 against the estate he has notice or to the advocate or ai;ont of •='''*^'" period 
 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 
 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. 1903, Sess. 2, c. 11, s. 45. 
 
 46. Where an executor or administrator liable as such to oYe'x°ecutor or 
 the rents, covenants or agreements contained in any lease ^r admmistrator 
 agreement for a lease granted or assigned to the testator or covenants,^^^ 
 intestate whose estate is being administered has satisfied all 
 such liabilities imder the said lease or afrror-ment for a lease 
 as have accrued due and been claimed up to the time of the 
 assignment hereinaifter 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 covenanter! or agreed by the 
 lessee to be laid out on the property demised or agreed to be 
 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 distribute 
 
1204 
 
 TETJSTEES 
 
 As to liabilii7 
 of executor ia 
 respect of 
 rents, etc., in 
 conveyances 
 on rent, 
 charges, etc. 
 
 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 neces- 
 sary 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. 1903, Sess. 2, c. 11, s. 46. 
 
 4:1. In like manner where an executor or administrator 
 liable as such to the rent, covenants or agreements contained 
 in any conveyance or rent-charge whether any such rent be by 
 limitation of use, grant or reservation or agreement for such 
 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 accrued due and 
 been claimed up to the time of the conveyance 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 grantee to be laid 
 out on the property con^'eyed or agreed to be conveyed 
 although the period for laying out the same may not have 
 arrived and has conveyed such property or assigned the said 
 agreement for such conveyance as aforesaid to a purcha'ser 
 thereof he shall be at liberty to distribute the residuary estato 
 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 sufficient 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 undiCr 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, 
 s. 47. 
 
 1903, Sess, 2, c. 11, 
 
TKDSTEER 1205 
 
 SUMMAUY APPiaCATlON TO OOUET FOR ADVICE. 
 
 48. Any trustee, guardian, executor or administrator shall ma^appiy & 
 be at liberty without the institution of an action to apply in ma^ilalement 
 court or in chambers in the manner prescribed by rules of pJopeSy 
 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 te.stato'r 
 
 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; 
 biit this provision shall not extend to indemnify a trustee, 
 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 
 ;»]iinion, advice or direction. 1903, Sess. 2, c. 11, s. 48. 
 
 ALLOWANCE TO TEl'STEES^ ETC. 
 
 49. Any trustee under a deed, settlement or will, any ^ustees"'* '" 
 executor or administrator, any guardian appointed by any 
 
 court and any testamentary guardian or other trustee howso- 
 ever Die iriitft is created shall be entitled to such fair and 
 reasonable allowance for his care, pains and trouble and 
 his time expended in and about the trust estate as may he 
 alloivcd by the supreme court or a judge thereof or by any 
 clerk tliercof 1o whom the matter may be referred. 1903, Sess. 
 :i, c. 11, 8. 49. 
 
 50. A judge of the supreme court may on application to ^^"^^1"''® '° 
 him for the purpose settle the amount of such compensation aiUjouB^^the 
 fl though the trust estate is not before the court in any action, ^efore the 
 1903, Sess. 2, c. 11, s. 50. 
 
 51. Compensation may be allowed in the case of any trust to^ex'^uSl'L 
 heretofore created as well as in any to be hereafter created, ■^«" *' '"^"""^ 
 1903, Sess. 2, c, 11, s. 51. 
 
 trusts 
 
 53. The judge may allow to the executor or trustee or ^r'dera?*^ 
 administrator acting under a will or letters of administration gi'^cTeW" 
 a fair and reasonable allowance for his care, pains and trouble Xiffiltor 
 and his time expended in or about the executorship, trustee- °^fi?J*,S*hia 
 
 trouble 
 
1206 TKTJSTEES 
 
 ship or administration of the estate and effects vested in him 
 under the will or letters of administration and in adminis- 
 tering, 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 adminis- 
 trator in passing his accoimts. 1903, Ses's. 2, e. 11, s. 52. 
 
 Sowance ^'^' Nothing in the next preceding four sections shall apply 
 
 fiistrJ^i^ent* ^0 any case in which the allowance is fixed by the instrument 
 creating the trust. 1903, Sess. 2, c. 11, s. 53. 
 
 entiHed to ^4. In addition to any allowance a trustee who is an advo- 
 
 pro t cos e ^^^^ shall also be entitled to profit costs for any professional 
 
 work done in connection with the trust. 1903, Sess. 2, c. 11, 
 
 s. 54. 
 
 LIMITATIOH' OF ACTIONS. 
 
 .^at'nte3''of"*'' 'J'^' In any action or other proceeding against a trustee or 
 certain'actions aiiy persou claiming through him except where- the claim is 
 tSleea founded upon any fraud or fraudulent breach of trust to which 
 
 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 the 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 
 ii trustee or a person claiming through a trustee ; 
 
 (h) 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 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 neverthe- 
 less that the statute shall run against a married 
 woman entitled in possession for her separate use 
 whether with or without restraint upon anticipation 
 Irat shall not begin to run against any beneficiary 
 unless and until the interest of such beneficiary 
 becomes an interest in possession. 
 
TKTTSTEBS 1207 
 
 [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. 1903, Sess. 2, c. 11, s. 55. 
 
 JUDICIAL TETJSTEES. 
 
 56. Where application is made to the supreme court or a po^^er ot the 
 judge thereof by or on behalf of the person, creating or°ppiip°"ion ^ 
 intending to create a trust or by or on behalf of a trustee ov^^^°™^i 
 beneficiary the court or judge may in its or his aiscretion *''"^'''® 
 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 sufiicient cause is shown in 
 place of all or any existing trustees. • 
 
 (2) The admininstration of the property of a deceased 
 person whether a testator or intestate shall be a trust and the 
 executor or administrator a trustee 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 ofiicer 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 be 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 
 remuneration 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. 
 
 (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 
 
1208 
 
 UNIVERSITY 
 
 and in any case where the court or judge shall so direct an 
 
 inquiry into the administration by a judicial trustee of any 
 trust or into any dealing or transaction of a judicial trustee 
 shall be made in the prescribed manner. 1903, Sess, 2, c. 
 11, s. 56. 
 
 UNIFORM CONDITIONS OF FIRE 
 INSURANCE. 
 
 See FIEE INSUEANOB POLIOT. 
 
 UNIVERSITY. 
 
 1903, Sesa. 2, 
 
 o 26 
 
 21 Nov., 1903 
 
 Short title 
 
 An Ordinance to establish and incorporate a Univer- 
 sity for the North- West Territories. 
 
 [A ssented to November 21, 1903.'] 
 
 fVy HE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOET TITLE. 
 
 1. This Ordinance may be cited as "The University 
 Ordinmice." 1903, Sess. 2, c. 26," s. 1. 
 
 The 
 corporation 
 
 COEPOEATION. 
 
 3. A university consisting of a chancellor, vice chancellor, 
 senate and convocation is hereby established in the North- 
 ^Yest Territories as a body politic and corporate by such name 
 as may hereafter be determined by the Legislative Assembly. 
 
 1903, Sess. 2, c. 26, s. 2. 
 
 ^nTert'" '^"'^ ^' '^^® ^^^^ corporation may acquire by purchase or in any 
 other manner and hold for the purposes of the said university 
 any and all property real and personal of every nature and 
 kind whatsoever and subject to the terms of any gift, devise 
 or bequest of any property to the university, shall have power 
 to mortgage, sell, transfer or otherwise dispose of all its 
 property real or personal. 1903, Sess. 2, c. 2,6, s. 3. 
 
 VISITOR. 
 
 Visitor 
 
 4. The Lieutenant Governor of the Territories shall be the 
 visitor of the university with authority to do all those acts 
 which pertain to visitors as to such Lieutenant Governor shall 
 seem meet. 1903, Sess. 2, c. 26, s. 4. 
 
UNIVERSITY 1209 
 
 CHANCELLOK. 
 
 5. The chancellor of the said university shall be elected by Election and 
 
 , - J, ... , . ■ term of office 
 
 the members oi convocation m the manner hereinafter men- of chancellor 
 tioned and shall hold office for three years and until his 
 successor is elected. 
 
 (2) The chancellor first elected shall hold office until two 
 years from the first Wednesday of October next following his 
 election and until his successor is elected. 
 
 (3) The ordinary triennial election of chancellor shall take 
 place on the first Wednesday in October in any year in which 
 an election is required. 
 
 Win case of vacancy in the office of chancellor by death, X'^""=*'"'y j" 
 , . ..„■,. 'he office of 
 
 resignation or any other cause before the expiration of his chancellor, 
 term of office then at a special election to be holden for that 
 purpose (of which election notice shall be given in such 
 manner as may be provided by statute of the senate) the 
 members of convocation entitled to vote shall elect a chancellor 
 for the remainder of the term in which such death, resignation 
 or other avoidance may have happened. 1903, Sess. 2, c. 
 26, s. 5. 
 
 VICE CHANCELXOE. 
 
 6. The vice chancellor of the university shall be elected by Jjj«e^g„^j. 
 the members of the senate from among themselves and shall 
 
 hold office for three years and until his successor is appointed. 
 
 (2) The ordinary triennial election of vice chancellor shall 
 take place at the first meeting of the senate in any academic 
 year in which such election may be required and the registrar 
 shall at least one month before the meeting notify all the 
 members of the senate that the election is to be held. 
 
 (S') In case of vacancy in the office of vice chancellor by vacancies to 
 
 V / •' , 1 J- ii, • i- „ (? be fllled up by 
 
 death, resignation or any other cause before tne expiration oi the senate 
 his term of office the members of the senate shall at a 
 meeting to be held by them for that purpose as soon as 
 conveniently may be of which notice shall be given in such . 
 manner as may be provided by statute of the senate elect one 
 other of the said members of the senate to be vice chancellor 
 for the remainder of the term. 1903, Sess. 2, c. 26, s. 6. 
 
 SENATE. 
 
 7. The senate of the university shall be composed as The senate 
 follows : 
 
1210 
 
 UNIVEESITY 
 
 Ejc officio 
 members 
 
 Appointed 
 members 
 
 Elected 
 members 
 
 1. The commissioner of ediication, the chancellor; 
 
 •2. Five members to be appointed by the Lieutenant 
 Governor in Council; 
 
 o. Ten members to be elected by convocation from its 
 members. 1903, Sess. 2, c. 26, s. 7. 
 
 CONVOCATION. 
 
 First 
 convocation 
 
 8. The first convocation of the university shall consist of 
 all graduates of .any university in his Majesty's dominions, 
 having the degree of bachelor or master of arts, bachelor 
 licentiate or doctor of law or of civil law, bachelor or doctor 
 of medicine, bachelor or master of science or of bachelor, 
 licentiate or doctor of medicine who are actually residing in 
 the Territories three months prior to the first election of 
 members of the senate of the university and who at least one 
 month prior to the said election register themselves as members 
 of such convocation in the ofiice of the Territorial secretary. 
 1903, Sess. 2, c. 26, s. 8. 
 
 Convocation q After the first convocation, convocation shall be com- 
 posed of the members of the first convocation as constituted 
 under the next preceding section and all persons who shall 
 become graduates of the university. 1903, Sess. 2, c. 26, s. 9. 
 
 Register for 
 first election 
 
 ELECTION OF CHAjSTCELLOE AND MEMBERS OF SENATE. 
 
 10. A register shall be kept by the Territorial secretary in 
 which he shall enter the names of graduates who are entitled 
 to be members of the first convocation upon their producing 
 to him satisfactory proof of their qualification under section 8 
 and upon payment of the fee of $3 and the entry upon the 
 register of the name of any person shall be conclusive evidence 
 that such person is a member of convocation and is entitled to 
 vote as such. 
 
 (2) The fees paid to the Territorial secretary under this 
 section shall be transmitted by him to the treasurer of convo- 
 cation upon his appointment. 1903, Sess. 2, c. 26, s. 10. 
 
 Date of first 
 election 
 
 11. The date of the first election shall be fixed by the 
 J^ieuteuant Governor in Council of which not less than three 
 months' notice shall be given in the Territorial gazette and at 
 least three weeks prior to such date the Territorial secretary 
 shall send a list of all the members of the first convocation to 
 cnch member thereof. 1903, Sess. 2, c. 26, s. 11. 
 
UNIVEESITY 1211 
 
 13. For the first election of ebancellor and members of the .domination 
 senate no nomination shall be necessary and for any subsequent md members 
 
 , . , , ,. . , , . of senate 
 
 election any three members oi convocation may nominate a 
 candidate for the office of chancellor or for the office of member 
 of the senate and the nomination paper or papers shall be sent 
 to the registrar at least one month before the date fixed for the 
 election. 1903, Sess. 2, c. 26, s. 12. 
 
 13. In the event of only one candidate being nominated where only 
 for chancellor or only so many candidates being nominated for number 
 
 , . nominated 
 
 the senate as are required to be elected such candidate or can- 
 didates shall be deemed to have been elected and in such cases 
 no voting papers sha,ll be required to be sent out. 1903, Sess. 
 2, c. 26, 8. 13. 
 
 14. The votes at any election by convocation shall be given Manner ot 
 for the chancellor and for the members of the senate respec- 
 tively by voting papers in the form in the schedule to this 
 Ordinance or to the like effect being delivered to the Territorial 
 secretary at the first election and to the registrar of the univer- 
 sity at any subsequent election at such time and place as may 
 
 be prescribed by the Lieutenant Governor in Council or by 
 statute of the senate respectively. 1903, Sess. 2, c. 26, s. 14. 
 
 15. Any voting papers received by post on or prior to the voting 
 date of such election shall be deemed to be delivered for the be count 
 purpose of such election. 1903, Sess. 2, c. 26, s. 15. 
 
 16. For any election after the first election it shall be the "Voting papers 
 
 ■^ 1 1 J? . to be sent by 
 
 duty of the registrar to send to 'each member ot convocation registrar 
 where his residence is known to the registrar a list of the 
 candidates duly nominated arranged in alphabetical order 
 accompanied by one copy of the form of voting paper in the 
 •schedule to this Ordinance applicable to the election or elec- 
 tions then next to be held and such list and form shall be sent 
 in such manner and at such time before the date of such elec- 
 tion as may be directed by statute of the senate. 1903, Sess. 
 2, c. 26, s. 16. 
 
 17. Said voting papers shall upon the day following the Opening^ ^^_^ 
 date of election at an hour to be stated by the statute be opened 
 
 by the registrar of the university in the presence of such 
 members of convocation as may desire to be present and the 
 registrar shall examine and count the votes and keep a record 
 thereof in a proper book to be provided by the senate. 1903, 
 S'ess. 2, c. 26, s. 17. 
 
1212 UNIVERSITY 
 
 ohanceilo"' ^^' "^^^ person who has the highest number of votes at an 
 
 election for chancellor shall be chancellor of the university for 
 the term of office then next ensuing or for the unexpired por- 
 tion of the then current term as the case may be. 1903, Sess. 
 2, c. 26, s. 18. 
 
 members"' l^* The members of convocation who have the largest 
 
 of senate number of votes for members of the senate shall be declared 
 elected members thereof their number and term of ofBce being 
 limited as herein provided. 1903, Sess. 2, c. 26, s. 19. 
 
 be elected 20. Any member of convocation may be elected chancellor 
 
 or member of the senate. 1903, Sess. 2, c. 26, s. 20. 
 
 rotes'"''' ° 21. In case of an equality of votes between two or more 
 
 persons leaving the election of the chancellor or of one or more 
 members of the senate undecided the election shall be deter- 
 mined by the registrar by lot. 1903, Sess. 2, c. 26, s. 2,1. 
 
 votin™ papers 22. In the event of any elector placing more than one name 
 on his voting paper for chancellor or more than the required 
 numbir on his voting paper for members of the senate the first 
 name only shall be taken for chancellor and the first names 
 only not exceeding the required number shall be taken for the 
 members of the senate. 1903, Sess. 2, c. 26, s. 22. 
 
 of appointed 23. Whenever an appointment is made by the Lieutenant 
 Governor to fill vacancies whether on retirement by rotation 
 or from other cause arising the Territorial secretary shall 
 forthwith communicate the name of the person so appointed 
 to the registrar of the university. 1903, Sess. 2, c. 26, s. 23. 
 
 24, The elected and appointed members of the senate shall 
 hold office for three years and shall be eligible for reelection 
 or reappointment provided that the first elected or appointed 
 members of the senate shall hold office until t\\'o years from 
 the first AVednesday of October next following their election or 
 appointment. 1903, Sess., 2, c. 26, s. 24. 
 
 Vacancy gg^ Whenever a vacancy occurs in the senate through the 
 
 retirement of any member for any cause whatever it shall be 
 competent for those by whom such retiring member was elected 
 or appointed to elect or appoint as the case may be a successor 
 who shall hold office for the remainder of the term of such- 
 retiring member. 1903, Sess. 2, c. 26, s. 25. 
 
 Term of office 
 
UNIVEKSITY 1213 
 
 MEETINGS AND POWERS OF SENATE. 
 
 2ii. The fir&t meeting of the senate shall be held within one First meeting 
 month after the first election by convocation under this Ordin- 
 ance and such meeting shall be at the call of the chancellor of 
 the university. 1903, Sess. 2, c. 26, s. 26. 
 
 37. The senate shall have power to regulate its meetings powers of 
 and proceedings and shall have the entire management of and 
 superintendence over all the affairs, concerns and property of 
 
 the university and in all cases unprovided for by this Ordin- 
 ance it shall be lawful for the senate to act in such manner as 
 shall appear to it best calculated to promote the purposes to 
 be intended to be promoted by the university and it suall have 
 full powers to prescribe examinations and confer degrees and 
 to appoint at such salaries as it shall think fit and at pleasure 
 to dismiss all professors, tutors, lecturers, teachers and other 
 necessary oSicers, assistants and servants of the university. 
 
 (2) ISTo religious test shall be required of any professor, 
 teacher, lecturer or student or servant of the university nor 
 shall religious observances according to the forms of any parti- 
 cular religious denomination or otherwise be imposed on them 
 or any of them. 1903, Sess. 2, c. 26, s. 27. 
 
 38. The senate may from time to time make or alter any statutes 
 statute or statutes touching any matter whatsoever regarding 
 
 the loniversity not inconsistent with the provisions of this 
 Ordinance or any law in force in the Territories. 1903, S'ess. 
 2, c. 26, s. 28. 
 
 39. All statutes of the senate shall have the common seal of Form of 
 the univer.sity affixed thereto and they shall be binding in 
 accordance with the true intent and meaning thereof. 1903, 
 Sess. 2, c. 26, s. 29. 
 
 30. By any such statute power may be given to any com- Delegation of 
 mittee, officers or persons to make such regulations for better 
 carrying out the provisions or object of _any statute of the 
 university in the manner and to the extent therein prescribed. 
 
 ■ 1908, Sess. 2, c. 26, s. 30. 
 
 31. The senate may from time to time affiliate any incor- AfflUatioji^ 
 porated college or colleges with the university on being satis- 
 fied that such college is in operation and possessed of the 
 requisite buildings and a siifficient staff of professors and other 
 teaching officers to affiliate. 1903, Sess. 2, c. 26, s. 31. 
 
1:^14: 
 
 tfNlVJSKSITY 
 
 Removal from 32. Any college affiliated with the university under this 
 Ordinance may be removed from such affiliation by statute of 
 the senate of the university. 1903, Sess. 2, c. 26, s. 32. ' 
 
 MEETINGS AND PEOGEEDINGS OF CONVOCATION. 
 
 Meetings of 
 convocation 
 
 33. The regular annual meeting of convocation shall be held 
 on the third Tuesday in May and convocation may hold other 
 meetings at such time aud place as it may decide by resolution. 
 1903, Sess. 2, c. 26, s. 33. 
 
 Call of the 
 senate 
 
 34. Convocation shall also meet at the call of the senate. 
 1903, Sess. 2, c. 26, s. 34. 
 
 Extraordinary 
 meeting 
 
 35. The chairman of convocation shall call an extraordi- 
 nary meeting of convocation on requisition of ten members 
 but such requisition shall state the object or objects of the 
 meeting to be called and no matter shall be discussed at such 
 extraordinary meeting except the matter or matters for which 
 it was convened. 1903, Sess. 2, c. 26, s. 35. 
 
 Notice of 
 
 special 
 
 meeting 
 
 36. At least twenty days' notice of every special meeting of 
 convocation shall be given in writing to each member whose 
 address is known and the object or objects of such meeting 
 shall be clearly stated in such notice ' 1903, Sess 2, c. 26, 
 s. 36. 
 
 Officers of 
 convocation 
 
 37. The officers of convocation shall be a chairman, a secre- 
 tary and an executive committee consisting of five members all 
 of whom shall be elected annually in snch manner as convoca- 
 tion shall determine. 1903, Sess. 2, c. 26, s. 37. 
 
 Rules and 
 regulations 
 
 38. Convocation shall have power to make such rules, 
 bylaws and regulations as it may consider requisite for con- 
 ducting its business and proceedings. 1903, Sess. 2, c. 26, 
 
 s. 38. 
 
 Fee 
 
 39. Convocation shall have the power of fixing a fee to be 
 paid by its members to defray the necessary expenses of con- 
 vocation. 1903, Sess. 2, c. 26, s. 39. 
 
 EEGISTKAE. 
 
 The registrar ^Q^ -pj^^ registrar of the university shall be appointed by 
 1 he senate and it shall be his duty to keep all necessary records 
 iiud accounts and to perform such other duties as may be 
 required of him by the senate. 1903, Sess. 2, c. 26,, g, 40. 
 
UA'IVEKSITY 1^1." 
 
 FACULTIES. 
 
 41. There shall he in the university such faculties as the Faculties 
 senate may by statute determine. 1903, Sess. 2, c. 26j.s. 41. 
 
 ENDOWMENTS. 
 
 -13. Any person or corporation may with the approval of Endowments 
 the senate founil one or more professorships, lectureships, 
 fellowships, scholarships, exhibitions, prizes or other rewards 
 in the university by providing a sufficient endowment in land 
 or other property and conveying the same to the corporation 
 of the university for such purposes and every siich endowment 
 of lands or other property shall be vested in the corporation of 
 the university for the purpose or purposes for which it was 
 given. 1903, Sess. 2, c. 26, s. 42. 
 
 43. The university shall be strictly nonsectarian in prin- university to 
 ciple and no religious dogma or creed shall be taught and no nonsectarian 
 religious test required of any student or other person. 1903, 
 
 Sess. 2, c. 26, s. 43. 
 
 44. The senate shall make full provision for the education Education 
 
 • 1 ... ■ 1 n 1 °* women 
 
 of women m the university m such manner as it shall deem 
 most fitting j^rovided however that no woman shall l)y reason 
 of her sex be deprived of any advantage or privilege accorded 
 to male students of the university. 1903, Sess. 2, c. 26, s. 44. 
 
 SCHEDULE. 
 
 EOEM OF "\'OTING PaPEE. 
 
 Election 19 . 
 
 I resident at 
 
 in the do hereby 
 
 declare : , 
 
 1. That I am a member of convocation of the university 
 of 
 
 2. That the signature affixed hereto is in my proper hand- 
 writing. 
 
1216 
 
 USE OF TOBACCO BY MINOES 
 
 3. That I have not at this election signed any other voting 
 paper as a member of convocation. 
 
 4. That I vote for the following person to be chancellor of 
 the said university: 
 
 of 
 
 5. That I vote for the following persons to be members! of 
 the senate of the said university: 
 
 of 
 of 
 etc. 
 
 Witness my hand this this day of 19 . 
 
 1903, Sess. 2, c. 26. 
 
 USE OF TOBACCO BY MINORS. 
 
 is'mSTsIi^ -^^ Ordinance respecting the Use of Tobacco 
 
 by Minors. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 tobacco to "'■• ^^y person who either directly or indirectly sells or 
 
 sixteen yea« gi^es or fumishes to a minor under sixteen years of age cigar- 
 prohlbited ettcs, 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 prose- 
 cution or to imprisonment with or without hard labour for 
 any term not exceeding ten days or to both fine with or with- 
 out 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 pf 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. C. 0. 92, s. 1. 
 
 Except on 3. This, Ordinance shall not apply to a sale to the minor 
 
 re^uettof imder a written request or order of his parent, lawful guardian 
 parent, etc. ^^ employer. 0. 0. 92, s. 2. 
 
 Presumption 
 of age 
 
 3. Any 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. 0. O. 92, s. 3. 
 
» tJSETUL niRns 1217 
 
 4. Any person except as provided in section 2 of this procurfng*"" 
 Ordinance to whom the sale of tobacco has been prohibited ^ta^or" '^'^ 
 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 conviction thereof to a fine not exceeding $2 and 
 in default of payment to imprisonment for a period not exceed- 
 ing one month. C. O. 92, s. 4. 
 
 5. The provisions of this Ordinance shall only apply to oi-^,S^nce °* 
 municipalities and villages. C. 0. 92, s. 5. 
 
 USEFUL BIRDS. 
 
 An Ordinance for the Protection of Useful Birds. i9 April, 1902 
 
 lAssentsd to April 19, 1902.'] 
 
 THE 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 Useful Birds 
 Ordinance." 1902, c. 11, s. 1. 
 
 3. JSTo person shall fire at, himt, take or kill any bird protected 
 whatsoever except crows, eagles, goshawks, pigeon hawks, duck 
 hawks. Cooper's hawks, hawk owls, ' blackbirds, cowbirds, 
 grackles, English sparrows, loons, cormorants, pelicans, and 
 mergansers and such birds as are dealt with in The Game 
 Ordinance. 1902, c. 11, s. 2. 
 
 3. No person shall at any time disturb, injure or take thefg*|*'*° 
 nests or eggs of any bird not mentioned in section 2 of this 
 Ordinance. 1902, c. 11, s. 3. 
 
 4. Guardians appointed under the provisions of The Oame Guardians 
 Ordi/nance shall be guardians under this Ordinance for the 
 purpose of enforcing its provisions. 1902, c. 11, s. 4. 
 
 5. The commissioner of agriculture may upon application BMs^or 
 being made to him and upon payment of a fee of $5 grant anyscjantmc 
 person license for the current calendar year to procure for 
 scientific purposes specimens of birds and their eggs protected 
 
 by this Ordinance. 1902, c. 11, s. 5. 
 
1218 
 
 VETEKlH^AEY StJKGEONS 
 
 Penalty 
 
 Application 
 of Ordinance 
 
 6. Any person contravening any of the provisions of this 
 Ordinance shall upon summary conviction be liable to a 
 penalty not exceeding $25. 1902, c. 11, s. 6. 
 
 T. Nothing in this Ordinance contained shall be deemed to 
 affect the provisions of The Game Ordinance or to apply to 
 domestic birds. 1902, c. 11, s. 7. 
 
 CO. 1898, c. 55 
 15 March, 18.99 
 
 VETERINARY SURGEONS. 
 
 An Ordinance respecting Veterinary Surgeons. 
 
 THE. Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Practitioners 
 to be licensed 
 
 !• jSTo person shall practise the profession of veterinary 
 surgery in the Territories without having first obtained from 
 tlie Territorial secretary a license as hereinafter provided 
 entitling him to practise veterinary surgery. C. O. 55, -s. 1. 
 
 Issue of 
 license 
 
 3. Such license may issue upon payment of a fee of $15 
 to the following persons and no others: 
 
 1. Any person possessing a diploma or certificate of 
 admission as a veterinary surgeon in any part of his Majesty's 
 dominions granted hy any school, college, body or association 
 empowered hy law to grant such diploma or certificate; 
 
 2. Any person possessing a diploma or certificate of 
 admission as a veterinary surgeon in any part of the United 
 States of America granted hy any school, college, body or 
 association recognised hy .the American Veterinary Medical 
 Association as qualified to grant such diploma or -certificate. 
 1903, Sess. 2, c. 17, s. 1. 
 
 Duration of 
 license 
 
 3. Such licence shall remain in force until cancelled by the 
 Lieutenant Governor in Council. C. O. 55, s. 3. 
 
 Penalty 4, ^^y persou. Other than those holding a valid license 
 
 who practises for reward veterinary surgery except the castra- 
 tion, spaying, vaccinating or dehorning of any animal shall be 
 guilty of an infraction of this Ordinance and upon summary 
 conviction thereof shall pay a fine of not more than $25 and 
 costs. C. 0. 55, s. 3, and 1899, c. 10, s. 1. 
 
VILLAGES 1219 
 
 VILLAGES. 
 
 Principal Ordinance 1901, u. 2^. 
 
 Amending Ordinance 190J, sess. 2, c. 2j. 
 
 An Ordinance respecting Villages. lfkne.mii 
 
 [Assented io June 12, 1901.] 
 
 rpHE Lieutenant Governor by and with the advice and 
 -L consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 SHOEX TITLE. 
 
 1. This Ordinance may be cited as "The Village r din- short uae 
 ance." 1901, c. 25, s. 1. 
 
 INTEEPEETATIO N . 
 
 3. In this Ordinance unless the context otherwise requires : interpretation 
 
 1. The expression "village" means and includes any village "vniage- 
 now existing as such and any village hereinafter organised 
 under the provisions of this Ordinance; 
 
 2. The expression "commissioner" means tho commissioner "pommia- 
 of public works for the Territories ; 
 
 3. The expression "person" includes corporation, joint stock "Person" 
 company and partnership; 
 
 4. The expression "overseer" means the overseer of a village 'Overseer" 
 duly elected or appointed imder the provisions of this 
 Ordinance ; 
 
 5. The expression "ratepayer" means and includes: 'Ratepayer' 
 
 (a) Eor the purpose of the first election of an overseer 
 and until the completion of the first revised assess- 
 ment list any person over the age of twenty-one 
 years who has owned or occupied land within the 
 village for a period of three months immediately 
 prior to the date of such election ; 
 
 (&) After the completion of the first revised assessment 
 list any person over the age of twenty-one years 
 whose name appears on the then last revised assess- 
 ment list of the village and who has paid all taxes 
 diie by him to the village ; 
 
 6. The expression "hawker" or "pedler" means and includes ';HawkOT-or 
 any person who (being a principal or any agent in the employ 
 
 of any person) goes from house to house selling or offering 
 
1220 VILLAGES 
 
 for sale any goods, ivares or merchandise or carries and exposes 
 samples or patterns of any goods, wares or merchandise to ie 
 afterwards delivered within the Territories to any person not 
 being a wholesale or retail dealer in such goods, wares or 
 merchandise; hut shall not mean or include any person selling 
 meat, fish, fruit, agricultural implemerds, sewing machines or 
 farm, produce by retail. 1901, c. 25, s. 2, and 1904, c. 1, s. 1. 
 
 ESTABLISHMENT OF VILLAGES. 
 
 intention to 3' Whenever the commissioner is satisfied by such proof as 
 village^ ' he may require that any portion of the Territories comprising 
 an area not greater than twelve hundred and eighty acres no 
 part of which is within the limits of a municipality contains 
 not less than fifteen dwelling houses he may cause notices to 
 be posted up in three conspicuous places within such area 
 one of which shall be the post ofiice therein if there be one 
 that it is proposed to establish the same as a village after the 
 expiration of thirty days from the date of such posting. 1901, 
 c. 25, s. 3. 
 
 of village 4. After the expiration of the said thirty days the 
 
 Lieutenant Governor in Council may by order establish a 
 village comprising the said area or some portion thereof 
 containing not less than fifteen dwelling houses, fix a day for 
 the election of an overseer and appoint a suitable person to act 
 as returning officer at such election. 
 
 (2) The Lieutenant Governor in Council shall by the said 
 order give a name to the village which may be the name of 
 the post office therein, if any, or such other name as he may 
 consider suitable and shall define the boundaries of the said 
 village and may by any subsequent order change the name or 
 alter the boundaries so given. 1903, Sess. 2, c. 23, s. 1. 
 
 OVEESEEE. 
 
 ovCT9e°e"r°* ^' The first election of overseer and all later elections shall 
 
 be conducted as follows: 
 
 1. The returning officer shall by public notice posted in the 
 post office if there be one and in two other conspicuous places 
 in the village at least one week before the election call a 
 meeting of the ratepayers for the election of an overseer to be 
 held on the day fixed therefor; 
 
 2. Election meetings shall commence at the hour of seven 
 o'clock in the evening of the day appointed or if such be a 
 Sunday or a holiday on the next following day which is not a 
 Sunday or a holiday ; 
 
VILLAGES 1221 
 
 3. ITommation shall be made during the first hour of the 
 meeting ; 
 
 4. Male ratepayers and no other persons shall be eligible for 
 election as overseer; 
 
 5. When the time for nomination has closed: 
 
 (a) If only one person has been nominated the returning 
 officer shall declare such person to be elected 
 overseer ; 
 
 (b) If more than one person have been nominated the 
 returning officer shall at once proceed to take the 
 vote of the ratepayers present which shall be by open 
 
 , voting; 
 
 (c) The poll shall close at midnight unless prior thereto 
 fifteen minutes shall have elapsed after any vote has 
 been polled without any other vote being tendered in 
 which event the poll shall close at the expiration of 
 said fifteen minutes; 
 
 6. Every person tendering his vote at the first election of 
 an overseer shall before his vote is received make and sign 
 before the returning officer a declaration in form A in the 
 schedule hereto; 
 
 7. At subsequent elections of an overseer the returning 
 officer shall satisfy himself that the name of every person who 
 tenders a vote is entered on the then last revised assessment 
 list of the village and that all taxes due by such person to the 
 village have been paid; and to enable him so to do the over- 
 seer shall not later than six o'clock in the afternoon of the 
 day of such election furnish him with a certified copy of such 
 assessment list showing thereon the names of all ratepayers 
 whose taxes are not paid in full ; 
 
 8. The returning officer shall declare elected the nominee 
 having the largest number of votes ; 
 
 9. In case of an equality of votes the returning officer shall 
 give the deciding vote but shall not vote otherwise. 1901, c. 
 25, s. 5. 
 
 6. Any person wilfully making a false declaration as a Penalty for 
 voter shall be guilty of an offence and liable on summary declaration 
 conviction to a penalty not exceeding $2,5. 1901, c. 25, s. 6. 
 
 7. The returning officer shall make a return to the com- Betu™ of 
 missioner showing the resiilt of the election and shall send ''''""''°" 
 therewith the declaration if any signed by the voters and his 
 
 own declaration in form B in the schedule hereto. 1901, c. 
 25, s. 7. 
 
1222 
 
 VILLAGES 
 
 Overseer's 
 bond 
 
 Ovei-seer not 
 to act till 
 bond given 
 
 8. The person elected as overseer shall withm five days or 
 such period as may be determined by the commissioner after 
 the declaration of his election deliver to the returning officer 
 the bond of sufficient sureties in form in the schedule hereto 
 with an affidavit of justification indorsed thereon or the bond 
 of a guarantee company for $1,000 to be approved by the 
 commissioner. 1901, c. 25, s. 8. 
 
 9. Until such bond is furnished the person elected shall not 
 
 New election 
 if bond act 
 furnished 
 
 act as overseer. 
 
 1901, c. 
 
 25, s. 9. 
 
 10. If such bond is not delivered to the returning officer 
 within the time mentioned in section 8 hereof he shall proceed 
 to hold another election as soon as may be consistent with the 
 giving of notice as herein provided. 
 
 (2) At the election so to be held the person making default 
 in delivering such bond shall not be eligible for election. 
 
 (3) The previous election shall become void on the election 
 of another person under this section. 
 
 (4) Immediately on receipt of the bond the returning officer 
 shall transmit it to the commissioner. 
 
 (5) If a person is elected overseer in the place of one who 
 has failed to furnish a bond the provisions of this and the two 
 preceding sections shall be observed and followed as if he had 
 been elected in the first instance. 1901, c. 25, s. 10. 
 
 Overseer's 
 term ot office 
 
 11. The first overseer elected in any village shall enter on 
 his duties at once after furnishing his bond and shall hold 
 office for the remainder of the calendar year in which he is 
 elected and until his successor has furnished his bond. 
 
 (2) The overseer elected at elections subsequent to the first 
 election shall hold office for the remainder of the calendar year 
 ensuing the furnishing of the bond required by section 8 
 hereof and until his successor has furnished his bond. 
 
 (3) In case of a vacancy occurring in the office of overseer: 
 the commissioner may order another election or appoint an 
 overseer for the unexpired term in which latter case the^ 
 commissioner may dispense with the overseer's bond otherwise 
 required. 
 
 (4) In the case of any failure on the part of the ratepayers; 
 to elect an overseer the commissioner may appoint such person 
 as he may see fit as overseer of the village; and notice of the 
 appointment of such person shall be published in the official 
 
 gazette. 
 
 1901, c. 25, s. 11. 
 
VILLAGES 1223 
 
 13. The commissioner may if he sees fit remove any over v Removal o( 
 seer from his office and appoint an overseer in his stead; and comSoner 
 such last mentioned overseer shall have all the powers of the 
 overseer and such other powers in regard to the conduct of 
 the village affairs as may by the commissioner be deemed 
 proper and necessary. 1901, c. 25, s. 12. 
 
 13. The election for overseer subsequent to the first shall subsequent 
 be held in each village on the second Monday in December in ov^erieer"' 
 each year; and for the purpose of such election the overseer 
 
 shall appoint in writing at least two weeks before the said 
 date a returning officer; and should the person so appointed 
 decline or become unable to act the overseer shall forthwith 
 appoint another in his stead. 
 
 (2) The returning officer shall receive a fee of $3. 
 
 (3) At the meeting for the election of an overseer and 
 before the overseer is elected the retiring overseer shall present 
 to the meeting a properly audited statement of the accounts 
 of the village for the current year up to the date of such 
 meeting. 1901, c. 25, s. 13. 
 
 14. "Whenever the election of an overseer is disputed the Disputed 
 
 .1 '!__(» 1 • , p election 
 
 commissioner may upon the receipt of a complaint oi any 
 ratepayer verified by the solemn declaration of the complainant 
 and two other ratepayers and accompanied by a deposit of 
 $25 investigate the matter and render such decision in and 
 about the same as shall to him appear proper. 
 
 (2) The decision of the commissioner shall be final and 
 shall be observed and obeyed by all persons concerned. 
 
 (3) Any person disobeying any such decision shall be liable 
 on summary conviction thereof to a penalty not exceeding $50. 
 
 (4) After the commissioner has given his decision he shall 
 make such disposition of the said deposit of $25 as to him 
 shall seem meet. 1901, c. 25, s. 14. 
 
 MEETINGS OP EATEPAYEES. 
 
 15. An annual business meeting of the ratepayers shall be ^^^f^ 
 held in the village before the fifteenth day of April in each 
 year; which meeting shall be called by the overseer who shall 
 
 give notice thereof for the period and in the manner required 
 for election meetings. 1901, c. 2.5, s. 15. 
 
 16. The overseer shall at the annual village meeting submit o^«^^|^j« 
 to the ratepayers a statement of the estimated total expenditure , 
 
 of the village for the current year which shall include : 
 
1224 VILLAGES 
 
 (a) The amount payable in such year on any debt con- 
 tracted hereunder; 
 
 (&) The amount necessary to complete works in course 
 of construction and necessary repairs to existing 
 works ; 
 
 (c) Drainage and street improvements; 
 
 (d) Construction of sidewalks; 
 
 (e) Fire protection and water supply; 
 
 (/) Purchase of property for village purposes; 
 
 (g) Scavenging; 
 
 (h) Contingencies; 
 
 (i) Remuneration of overseer and any other officials 
 employed under authority of this Ordinance. 
 1901, c. 25, s. 16, and 1903, Sess. 1, c. 20, s. 1. 
 
 bustaess 1'^' At the annual meeting the order of business shall be 
 
 as nearly as possible as follows : 
 
 1. The election of a chairman and secretary. 
 
 2. The reading and dealing with: 
 
 (a) The minutes of last meeting; 
 
 (&) The overseer's return provided for in section 47 
 hereof; and 
 
 (c) The auditor's report; 
 
 3. The consideration of the overseer's statement of estimated 
 expenditure and deciding thereupon: 
 
 Provided that the sum appropriated for contingencies under 
 the provisions of this section shall not in any case be less than 
 ten per centum of the total amount of approved expenditure; 
 
 4. Such other general business as may concern the village 
 but not exceeding the powers given herein. 1901, c. 26, s. 17. 
 
 byfatepayers 1^' The ratepayers may at the annual meeting or at a 
 special meeting duly called for the purpose in addition to their 
 other powers make regulations further than those herein 
 contained for the g^nelal cleanliness of and prevention of 
 disease in the village including the employment and remunera- 
 tion of a scavenger; and also for the protection of property 
 from fire; and may make regulations for a rebate of taxes to 
 any ratepayer in consideration of the planting of trees on the 
 property of such ratepayer or on any street in front of such 
 property. 1901, c. 25, s. 18. 
 
VILI,AGES , 1225 
 
 19. The overseer whenever he deems fit may or upon Special 
 bfing requested to do so by any five ratepayers in writing "'"^""'^^ 
 giving the object of the meeting shall call a special meeting 
 of the ratepayers. 
 
 (2) Notice of special meetings shall be given as in the case 
 of the annual meeting but such notice shall also state the 
 purpose of the meeting. 1901, c. 25, s. 19. 
 
 ASSESSMENT AND TAXATION. 
 
 30. The necessary revenue of the village shall except in the Revenue how 
 cases hereinafter provided for be raised by the levy of a yearly ™'*'' 
 
 rate upon the property not exempt from taxation therein not 
 exceeding ten mills on the dollar of the assessed value. 1901, 
 c. 25, s. 20. 
 
 31. The overseer shall forthwith after his election if he is Assessment 
 the first overseer and in other cases immediately after the 
 annual meeting assess all real and personal property in the 
 village not exempt from taxation as hereinafter provided ; and 
 
 shall prepare an assessment list showing the name of each 
 person assessed, the property in respect of which he is assessed 
 and the assessed value. 
 
 (2) The ratepayers may at the annual meeting instruct the 
 overseer for the purpose of such assessment to use the assess- 
 ment roll of any school district within or partially within the 
 village limits in so far as the same is applicable. 
 
 (3) If any property which should have been assessed has 
 been omitted from the assessment list the overseer shall upon 
 discovery of such omission if within one month from the 
 mailing of a notice of such assessment as herein provided 
 assess such property and make the necessary additions to the 
 assessment list. 1901, c. 25, s. 21. 
 
 33. The property exempt from taxation under the pro- Exemptions 
 visions of this Ordinance shall be : 
 
 1. All the property held by his Majesty or specially 
 exempted by the Parliament of Canada or for the public use 
 of the Territories ; 
 
 2. All property held by or in trust for the use of any tribe 
 of Indians; 
 
 3. Where anj property mentioned in either of the two 
 preceding clauses is occupied by any person otherwise than in 
 an official capacity the occupant shall be assessed in respect 
 thereof but the property itself shall not be liable ; 
 
1-2-2V, 
 
 VILLAGES 
 
 4. The buildings and grounds to the extent of two acres of 
 all schools organised under The School Ordinance and the 
 personal property belonging to the same being used for school 
 purposes ; 
 
 5. Any 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; 
 
 6. Any land in use as a public 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 ; 
 
 0. 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 ])rovisions of The Xorth- 
 ]Vpst Irrigation Act 1898: 
 
 Provided however that should any such works and ditches 
 be not operated during one year then such works ahd ditches 
 shall not be exempt from taxation during the year following 
 that in which said works were not operated ; 
 
 11. Biiildiugs used for hospital purposes and not for any 
 other purpose for hire or reward hy any institution now or 
 hereafter designated hy the Lieutenant Governor in Council to 
 receive public aid binder the terms and provisions of The 
 Hospitals Ordinance and the lot or lots whereon they stand 
 not exceeding two acres except such parts as may have any 
 
 other buildings thereon. 
 1, c. 20, s. 2. 
 
 1901, c. 25, 
 
 and 1903, Sess. 
 
 Notice of 
 asseHsment 
 
 23. The overseer shall upon completion of the assessment 
 list mail to or leave at the usual or last known place of abode 
 of each person assessed written notice in form D in the 
 schedule hereto of the property in respect of which he is 
 assessed and the amount ; and shall make a note on the assess- 
 ment list op]iosite the name of each jierson stating the manner 
 and date of giving notice. 1901, c. 2,5, s.' 23. 
 
 Oath of 
 assessment 
 
 34:. The overseer shall forthwith after the assessment make 
 nath that such assessment was truly and honestly made and 
 that the notices were given as stated in the assessment list; 
 
VILLAGES 1227 
 
 and such assessment list when verified by such oath shall be 
 ■prima facie evidence that the assessment was duly made and 
 that the notices were duly given. 1901, c. 25, s. 24. 
 
 35. Any ratepayer or person assessed niav within fifteen Appeal from 
 days alter the mailing or delivery of the notice appeal to a 
 justice of the peace residing within the village or one residing 
 nearest thereto from such assessment ; and the justice shall fix 
 a time within two weeks from the last day for giving notice 
 and a place for hearing appeals; and all appeals shall be 
 determined within one week after the time fixed for hearing 
 them ; and the overseer shall amend his assessment if necessary 
 in accordance with the decision of the justice. 
 
 (2) ISTotice of appeal (stating the grounds thereof and the 
 time and place fixed by the justice for hearing the same) shall 
 be given in writing by the appellant to the overseer and any 
 other person affected. 
 
 (3) Any justice of the peace who shall hear an appeal as 
 provided in this section shall be entitled to receive from the 
 funds of the village payment for his services at the rate of $2 
 per day while engaged in hearing such appeals. 1901, c. 25, 
 s. 25. 
 
 assessment 
 
 36. After the assessment has been completed and the Rate oJ 
 
 111-1 1 J- assessm 
 
 appeals, if auy, disposed of the overseer shall strike such a rate 
 not exceeding the amount mentioned in sections 20 or 30 respec- 
 tively hereof as shall be sufiicient to raise the amount of the 
 estimated expenditure making allowance for losses which may 
 occur in the collection of taxes on the lands of nonresidents: 
 Provided that the taxes of any person assessed shall not be 
 a less sum than one dollar. 1901 c. 25, s. 20. 
 
 37. The overseer shall then prepare a tax list in which hexaxiis 
 shall set down the name of every person assessed, the assessed 
 value of his property and the taxes payable by him as com- 
 puted' at the rate arrived at as hereinbefore provided; he shall 
 then mail to- or leave at the last known place of abode of each 
 such person a notice in form E in the schedule hereto stating 
 
 the amount due by him and the property in respect of which 
 it is due ; the overseer shall make a note on the tax list opposite 
 the name of each such person stating the manner and date of 
 dving the notice and shall uiake oath that the tax list is 
 correct- and that the notices were given as therein stated ; such 
 oath shall be indorsed on the tax list and shall be primn facie 
 evidence of the truth of the statements contained in it. 
 
VILLAGES 
 
 (2) The overseer shall note on the tax list all jDayments of 
 taxes against the lands for which such payments are made 
 together with the date of such payments. 1901, c. 25, s. 27. 
 
 Notice of 
 assessment 
 when owner 
 unknown 
 
 38. If the name of the owner of any property in the village 
 be not known to and cannot be ascertained by the overseer 
 the notice of assessment and taxes shall be posted securely in 
 the post olfice if any or if there be no post office then in a 
 conspicuous place in the village and such posting shall be 
 deemed due service 1901, c. 25, s. 28. 
 
 Distress for 
 
 taxes 
 
 39. In case any person neglects to pay his taxes for thirty 
 days after such notice as aforesaid the overseer shall by 
 himself or his agent levy the same with costs by distress of 
 the goods and chattels of the person who ought to pay the 
 same wherever they may be found in the village or of any 
 goods and chattels found on the premises the property lof or in 
 the possession of any other occupant of the premises ; and may 
 impound the same on the premises where distrained ; and no 
 claim of property, lien or privilege shall be available to prevent 
 the sale or the payment of the taxes and costs out of the pro- 
 ceeds of the sale thereof. 1901, c. 25, s. 29. 
 
 Taxes a debt 
 
 30. Taxes may be recovered with costs as a debt due to the 
 overseer in which case the production of the tax list verified by 
 the oath of the overseer shall be prima» facie evidence of the 
 debt. 1901, c. 25, s. 30. 
 
 Taxes a 
 special lien 
 
 31. The taxes accruing upon ov in respect of any land in 
 the village shall be a special lien upon such land and have 
 priority ovct any claim, lien, privilege or incumbrance thereon. 
 1901, c. 25, s. 31. 
 
 DOG LICENSE. 
 
 Dog license 33. Every person who keeps or harbours any dog or bitch 
 
 shall pay a yearly license fee of $1 for each dog and $2 for 
 each bitch so kept or harboured ; which fee shall be payable 
 on demand of the overseer; and may be recovered in such 
 mode herein provided for the collection of taxes as may be 
 applicable; and if not paid after demand by the overseer he 
 shall cause the dog or bitch to be destroyed. 
 
 (2) Any person refusing or neglecting to pay such license 
 fee shall on summary conviction thereof be liable to a penaltv 
 of $2. 1901, c. 25, s. 32. 
 
VILLAGES 1229 
 
 IlAWKEllS AND PEDLEKS. 
 
 33. JSTo person shall follow the calling of a hawker or pedler Hawkers' aud 
 m any village without first having obtained the written per- licenses 
 mission of the overseer and having paid to such overseer the 
 
 sum of $10 to form part of the village fund. 
 
 (2) Such sum shall be in addition to any Territorial license 
 fee and when such Territorial license fee is paid shall entitle 
 the person paying the fee to follow the business of a hawker or 
 pedler in such village for the remainder of the current calendar 
 year. 
 
 (3) No person occupying premises in any village who has 
 not resided continuously in such village for a period of at least 
 three months and who has not been or is not liable to he 
 entered on the assessment roll for the village for the then cur- 
 rent year shall offer goods or merchandise of any description 
 for sale by auction or in any other manner without first having 
 paid to the overseer the sum of $25 to form part of the village 
 fund : 
 
 Provided that the ratepayers at the annual meeting next 
 following the payment of any such sum of $25 may by resolu- 
 tion authorise the overseer to return to the person paying such 
 sum if he is still a resident of the village all or such portion 
 of such sum as mdy be declared by such resolution. 1901, c. 25, 
 s. 33 ; 1903, Sess. 1, c. 20, s. 3, and 1903, Sess. 2, c. 23, s. 2. 
 
 TKAVELLIIiTG COMPANIES. 
 
 34. The ratepayers may decide by resolution passed at the Licensing 
 annual or any other meeting of the village as herein provided showmen, etc. 
 that no travelling theatre, concert or amusement company, 
 entertainer or showman shall hold any performance or exhibi- 
 tion in any village without having previously paid to the over- 
 seer thereof for the benefit of the village the license fee fixed 
 
 at such meeting for which fee the overseer shall give a written 
 receipt ; and if such company, entertainer or sho-wman proceed 
 to hold any performance or exhibition without having paid 
 such fee the same may be levied by the overseer or any person 
 authorised by him by distress and sale of any goods in posses- 
 sion of such company, entertainer or showman. 1901, c. 25, s. 
 
 34:. 
 
 BILLIAED TABLES. 
 
 35. No person shall have set up in any public room or hall Billiard 
 in a village any billiard or pool table without paying yearly to 
 
 the overseer for the use of the village the license fee following, 
 
1230 
 
 VILLAGES 
 
 that is to say : For a single billiard or pool table, $10 ; and for 
 every additional tabic, $5 ; and any person guilty of an infrac- 
 tion of this section shall on summary conviction thereof be 
 liable to a penalty not exceeding $25. 1901, c. 25, s. 35, and 
 1 904, c. 7, s. 2. 
 
 SINGLE TAX. 
 
 Land 
 
 aasesament 
 aystem 
 
 36. If two-thirds of the total number of ratepayers in any 
 village petition the commissioner therefor the commissioner 
 may order that the assessment in the village shall after a date 
 to be fixed by him be limited to an assessment based upon the 
 actual value of all lands in the village exclusive of the 
 improvements thereon. 
 
 (2) Such petition shall be accompanied by an affidavit of 
 t^vo ratepayers provir^g the signatures to the petition and that 
 the persons who signed the same constitute two-thirds of such 
 total number of ratepayers. 
 
 (3) The fact of such order having been made shall be con- 
 clusive evidence that a jjroper and duly verified petition was 
 presented therefor. 
 
 (4) In case such an order is made the rate to be struck by 
 the overseer under section 26 of this Ordinance shall not in 
 iiny year after the date so to be named by the commissioner 
 exceed two cents on the dollar of the assessment: 
 
 Provided that the taxes of any person assessed shall not in 
 any case be ;i less sum than one dollar ; 
 
 (5) In the event of any village that has adopted the system 
 of assessment provided for in this section desiring to revert to 
 the original assess^nent of all property in the village it may do 
 so in the same manner and subject to the same conditions as is 
 in this section provided for the adoption of the system of 
 assessment of land only. 1901, c. 25, s. 36, and 1903, Sess. 
 1, c. 20, s. 4. 
 
 Assessment 
 every two 
 years 
 
 37. In villages within which a single tax as provided in the 
 next preceding section is ordered by the commissioner as herein 
 provided an assessment shall be made only once in every two 
 years and notice of such assessment shall be given only at the 
 time of completing a new assessment list : 
 
 Provided however that during the interim bet-^-een any two 
 assessments the overseer may add new names to the assessment 
 list or change names when necessary to do so to provide for 
 changes in the ownership of property entered on such list. 
 
VILLAGES 1231 
 
 (2) In cases where new names are added to the assessment 
 list under authority of the preceding subsection the provisions 
 of sections 23, 24 and 25 of this Ordinance regarding notice, 
 verification and appeal from assessment shall apply. 1901, c. 
 25, s. 3Y. 
 
 VILLAGE EXPENDITUEE. 
 
 38. The funds of the village shall he deposited in a char- Expenditure 
 tered bank or in any other bank agreed upon at the annual ^ °^ ^''^^^^ 
 meeting if there is no chartered bank in the village to the credit 
 
 of the overseer in his official capacity ; and shall from time to 
 time be expended by the overseer by the issue o£ cheques 
 against such bank account for the purposes of and in accord- 
 ance with the estimates approved at the annual meeting subject 
 to such further directions as may at any special meeting be 
 made regarding the same. 1901, c. 25, s. 38. 
 
 39. The overseer may incur any debt not exceeding $100 OYerseer may 
 for any of the purposes specified in the estimated expenditure debt pendinK 
 approved at the annual meeting pending the collection of taxes ; taxes 
 
 but all debts shall subject to the provisions herein contained be 
 paid before the second Monday in December in each year. 
 1901, c. 25, s. 39. 
 
 40. On petition of a majority of the resident ratepayers Liability 
 the signatures to which petition shall be verified by statutory com^misefoner 
 declaration the commissioner may authorise the overseer to improvements 
 incur a debt on behalf of the village not exceeding $1,000 ; but °" p^"""" 
 the amount of any such debt shall not in any case exceed ten 
 
 per centum of the total value of property in the village as 
 shown by the then last revised assessment list. 
 
 (2) The sum so authorised shall be expended on permanent 
 improvements in the village and shall be fully repaid within 
 ten years from the date of contracting said debt; and the 
 moneys payable in each year on any such debt shall be a first 
 charge on the taxes collected in the village diuring such year. 
 1900, c. 25, s. 40. 
 
 (3) The sum so authorised shall be repaid in equal annual 
 sums and a proper debenture or debentures therefor shall be 
 signed by the overseer in form F in the schedule hereto. 
 
 (4) On petition of a majority of the resident ratepayers 
 the signatures to which petition shall be verified by statutory 
 declaration the commissioner may authorise the overseer on 
 behalf of the village to enter into a contraci with any person 
 or corporation for the supply of water to the village by means 
 
1232 VILLAGES 
 
 of iirigaiion canals or otherwise in such quantities and upon 
 aach terms as in the petition set out and for the purpose of 
 handling and distributing such water to employ a watermaster 
 ■who shall be under the direction of and responsible to the over- 
 seer for the time being. 1901, c. 25, s. 40, and 1903, Sess. 1, 
 c. 20, s. 5. 
 
 Authonsation ^^^^ ^^/^g authorisation of the commissioner authorising the 
 ooS'dv™*'^ overseer to incur a debt on behalf of the village shall wlven, 
 evi ence gi^^gn be Conclusive evidence that the village has been legally 
 erected and that all the formalities in respect of such petition, 
 authorisation or debt have been complied with; and after such 
 authorisation has been signified by the commissioner in writing 
 the validity of such petition, authorisation or debt shall not be 
 questioned- by any court in the Territories but such d^bt shall 
 subject to the provisions of section JfO of this Ordinance be a 
 valid charge against the revenues of the village. 1904, c. 7, 
 s. 3. 
 
 Commissioner ,« ^ rm • • • i_ i 
 
 niay appoint *!• liie conimissioner may appoint sucn person or persons 
 
 inapec or ^^^ he iiiaj See fit to inspect and report on the condition of any 
 
 and all improvements in the village, the tools, implements or 
 
 < ither property owned by the village, and to audit the books of 
 
 the overseer of the village. 1901, c. 25, s. 41. 
 
 may'authori^se ^'^' On petition of a majority of the resident ratepayers the 
 recreation" "' Commissioner may authorise the overseer out of the funds of 
 on°petition'''' the village to acquire on behalf of the village by purchase or 
 lease su.itable grounds for recreation purposes or for the pur- 
 pose of depositing garbage or other refuse of the village. 1901, 
 c. 25, s. 42. , 
 
 may'a'uthorise ^^- The Commissioner may authorise the overseer out of 
 cem"ter7 " °' the f unds of the village to acquire on behalf of the village by 
 purchase or lease the land required for cemetery purposes. 
 
 (2) The ratepayers may at the annual meeting of the vil- 
 lage or at any special meeting called for the purpose adopt 
 rules and regulations not inconsistent v?ith the provisions of 
 The Cemeteries Ordinance for the control and management of 
 the cemetery acquired by the village. 1901, c. 25, s. 43. 
 
 SUITS BY OK AGAINST VILLAGE. 
 
 a^iinsU'^ila e ^^' ^^^^^ ^1 0^ against the village may be brought by or 
 against the overseer as representing the village. 1901, c. 25, 
 
 a." 44. 
 
VIIXAGES 1233 
 
 45. In the event of judgment being obtained against the S" udl^Sln"'' 
 overseer for any liability of the village execution may issue ^samst village 
 and be enforced by execution rate levied by the sheriff in the 
 
 manner provided for execution against a municipality in The 
 Mimicipal Ordinance. 1901, c. 25, s. 45. 
 
 ♦ ovekseee's duties and powers. 
 
 46. The overseer shall have the following duties and po"wers'*of'^ 
 
 powers : overseer 
 
 1. He shall carry out the orders of the ratepayers in respect 
 of public works and expenditure of village funds and such 
 general orders consistent with the provisions of this Ordinance 
 as may be given upon matters concerning the village ; 
 
 2. He shall enforce the provisions of this Ordinance and all 
 regulations made thereunder ; 
 
 3. He shall make such regular inspection of premises in the 
 village as may be necessary to carry out the provisions herein 
 respecting nuisances and the prevention of disease and fire ; 
 
 4. He shall have charge of all village property ; 
 
 5. He shall keep a record of all taxes levied and collected 
 and of all moneys received and expenditures made by him and 
 shall give and take proper receipts for all money received or 
 paid as the case may be ; 
 
 6. He shall keep the books and accounts of the village open 
 for the inspection of the ratepayers at all reasonable hours 
 upon their giving him timely notice ; 
 
 7. He shall keep or cause to be kept full and accurate 
 minutes of each village meeting other than election meetings 
 which minutes shall record the names of the movers and 
 seconders of all motions and state whether such motions were 
 ■carried or lost; 
 
 8. He shall have the public improvements directed to be 
 made in each year completed laefore the first day of November 
 in such year ; 
 
 9. He shall on application in reasonable hours produce to 
 the auditor for inspection all books, accounts, minutes, lists and 
 other records of the village; 
 
 10. He shall impound or cause to be impounded animals 
 unlawfully running at large ; 
 
 11. He shall have the powers of a constable in enforcing the 
 provisions of this Ordinance. 1901, c. 25, s. 46. 
 
1234 VILLAGES 
 
 ANNUAL EETUENS OF OVERSEES. 
 
 ^ySve^e"™ 47. The overseer shall on or before the first day of Deceni^ 
 ber in each year render to the commissioner a return in writing 
 showinff: 
 
 (a) Amount of money collected and by whom paid; 
 
 (h) The amount expended and for what purposes show- 
 ing balance on hand; 
 
 (c) The outstanding liabilities if any of the village; 
 
 (d) The names of all those who have been convicted for a 
 breach of this Ordinance or of any of the regulations 
 made hereunder in his village, stating the penalty 
 imposed and the name of the convicting justice ; 
 
 (e) .A copy of the auditor's report. 
 
 (2) The overseer shall transmit a copy of such return to the 
 ratepayers as hereinbefore provided and also at the annual 
 meeting. 1901, c. 25, s.' 47. 
 
 Return of 48. The overseer of every village shall in the first fifteen 
 
 unpaid taxes ^z o 
 
 days of January in each year make a return verified by his 
 solemn declaration to the commissioner in such form as may by 
 the commissioner be from time to time prescribed showing all 
 lands in the village upon which taxes have not been paid 
 together with the years for which such taxes are due. 
 
 (2) The returns shall for all purposes 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. 
 1901, c. 25, s. 48. 
 
 of'saw^ieturn 49- On application by the attorney general of the Terri" 
 tories or some advocate authorised by him to a judge of the 
 supreme court in chambers such judge may appoint a time and 
 place for the holding of a court for 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 village or if there be none published in the 
 village then in a local paper published in the district to be 
 named by the commissioner. 
 
 (2) A notice of the time and place fixed for confirmation of 
 wiK^lj return shall be sent by mail at least sixty days prior to 
 the time so fixed to each person who appears by the records of 
 the proper land titles office or by the said return to have any 
 
VILLAGES 123.-) 
 
 interest in the lands mentioned in said return in respect of 
 which confirmation is desired and whose post ofKce address is 
 shown by said records or return; and the entry against such 
 lands of the date of mailing such notice together with the 
 initials of the clerk of the local improvement branch of the 
 department of public works shall without proof of the appoint- 
 ment or signature of the said clerk be pruiui facie evidence 
 that the required notice has been mailed. 1901, c. 25, s. 49. 
 
 50. At the time and place so appointed the iudge shall hear Hearing 
 
 ^ . . . . applicatiou tor 
 
 the application and ailso any objecting parties and the evidence confirmation 
 adduced before him; and thereupon adjudge and determine 
 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 ; and shall also confirm the return as to those parcels ou 
 Avhich any taxes are determined to be in arrears for over two 
 years naming the amounts severally 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 shall be to vest in the crown for the 
 public use of the Territories the said lands 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 
 payment to the commissioner of the amounts named including 
 expenses as aforesaid together with a redemption fee of $1 for 
 each and every parcel so redeemed and any subsequent taxes 
 paid by the commissioner. 
 
 (2) For the purpose 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 con- 
 firmation 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 commissioner. 
 
 (4) A copy of such adjudication certified by the commis- 
 sioner shall be fijrwarded to the registrar of the land registra- 
 tion district in which the lands named in the adjudication or 
 any of them are situated and such copies shall be notice to the 
 public of the facts therein contained. 1901, c. 25, s. 50. 
 
 51. If any person interested in any parcel of land contained when overdue 
 in the return presented to the judge for confirmation as pro- before 
 
 . /.i.^T T T_ application for 
 
 vided by section 49 of this Ordinance pays the taxes upon sucn confirmation 
 lands before the date fixed for confirmation of such return but 
 
12 3 G VILLAGES 
 
 ' • • 1 
 
 after such date has been fixed he shall in addition to the 
 amount of taxes shown by such return to be overdue pay the 
 sum of $1 for each parcel of land to cover the costs of applica- 
 tion to the judge and advertising and postage in connection 
 with such proceedings ; and any sum so paid shall form part 
 of the Territorial revenue. 1901, c. 25, s. 51. 
 
 When title to 53. j^t any time after the expiration of the year last named 
 
 land to vest '' ^ ■' 
 
 in Crown qq ex parte application by the attorney general or an advocate 
 appointed by him and production of the last named adjudi- 
 cation together with the certificate of the commissioner 
 showing that the land has not been redeemed the judge by 
 order in chambers may direct that the title to such of the land 
 named in the adjudication as has not been redeemed by or on 
 behalf of the owner be absolutely vested in his Majesty freed 
 from all liens, mortgages and incumbrances of whatever 
 nature or kind the same may be. 1901, c. 25, s. 52. 
 
 When 53. So soou as the return of the overseer has been confirmed 
 
 to pay taxes the Commissioner shall pay to the overseer the amount of taxes 
 adjudged in arrears on each parcel of land deducting there- 
 from any charges he may have been required to pay; and 
 thereafter yearly while owned by his Maejsty the said land 
 shall be assessed in the name of the commissioner who shall 
 pay taxes as if the land were assessed to an ordinary individual. 
 1901, c. 25, s. 53. 
 
 ANIMALS EDNNING AT LARGE. 
 
 SrgelS*'"'' ^^' "^^^ ratepayers may at any meeting make a regulation 
 
 be forbidden ^hat animals or poultry shall not be permitted to run at large 
 
 in the village or in any part thereof in or during any period 
 
 of the year. 
 
 (2) Whenever the ratepayers have made such regulation no 
 animal shall be permitted to run at large in the village con- 
 trary to the provisions of such regulation ; and it shall be the 
 duty of the overseer to act as pound keeper or appoint a pound 
 keeper whose duty it shall be to keep and maintain a pound 
 in the village for the impounding of estray animals or poultry 
 of the description aforesaid. 
 
 (3) In so far as they are not inconsistent herewith the 
 provisions of The Pound District Ordinance shall apply. and 
 be followed and observed in all respects as if such village were 
 a pound district under, the said Ordinance except that the 
 fees payable under this section to the pound keeper for the care 
 and sustenance of each animal impounded for each day such 
 animal is impounded shall be as follows : 
 
VILLAGES 1237 
 
 For each stallion or bull thirty-five cents; 
 For each horse, mule, jack, head of cattle or swine, twenty- 
 five cents ; 
 
 For each sheep or goat, ten cents ; 
 For each head of poultry, two cents. 
 
 (4) The overseer shall when any such regulation is made as 
 provided in this section notify the commissioner of agriculture 
 of the same and give the name of the pound keeper appointed 
 by him. 1901, c. 25,- s. 54. 
 
 PEEVENTIOH" OF DISEASE. 
 
 55. For the prevention of disease the following regulations Regulations 
 
 T. n T- T. 1 • T •^^ for prevention 
 
 snail be observed m each village: of disease 
 
 1. Privy pits shall be emptied and disinfected with lime 
 between the first day of April and the fifteenth day of Novem- 
 ber in each year;, 
 
 2. No privy pit shall be allowed to become offensive at any 
 time; 
 
 3. ISTo privy pit shall be within fifty feet of any well; 
 
 4. Where dry earth closets are ordered by resolution of a 
 village meeting no privy shall be used ; 
 
 5. 'No person shall deposit or cauSe to be deposited in any 
 place other than a stable yard any manure, filth, rubbish or 
 decaying animal or vegetable matter; 
 
 6. Stable yards shall be cleaned during the first week of 
 every month from the first day of May until the seventh day 
 of November in each year; 
 
 ' 7. All garbage, swill, slops and other rubbish shall be placed 
 in suitable receptacles and removed regularly every week 
 between the first day of May and the first day of November 
 in each year; 
 
 8. No stable yard shall be allowed to become offensive at 
 any time because of decaying animal or vegetable matter; 
 
 9. No swine shall be kept except in pens at least one 
 hundred feet distant from any occupied house or place of 
 business ; 
 
 10. Swine pens shall be kept dry and fr^e from offensive 
 odour ; 
 
 11. Foul water shall not be allowed to accumulate on any 
 property ; 
 
1-38 VILLAGES 
 
 l-J. No slaughter house shall be erected within the village 
 except by authority of a resolutidii passed at a meeting of the 
 ratepayers. 
 
 (2) Any person contravening any of the provisions of this 
 section shall be guilty of an offence and liable on summary 
 conviction thei'eof to a penalty not exceeding $10. 1901, c. 
 
 2.5, s. 55. 
 
 PREVENTION OF FIRE. 
 
 S?^pr*ven"tion ^^' ^'^''^ ^^'■'^ prevention of fire the following regulations 
 of Are shall be observed in each village: 
 
 1. No person shall keep on any j)remises a larger quantity 
 of gunpowder or other explosive than twenty-five pounds unless 
 it be stored at least one hundred feet from any building; 
 
 2. ~No person shall keep on any premises a greaier quantity 
 of kerosene than five barrels thereof unless it be stored at 
 least sixty-six feet from any building; * 
 
 3. Xo person shall have or erect on any premises any 
 building built in whole or in part of manure, hay or straw or 
 place on the roof of any building any manure, hay or straw 
 unless such building be at least one hundred feet distant froni 
 any other building in which a fire is ever kindled ; 
 
 4. ISo ])ers(m shall have any stack of grain, hay or straw 
 on any premises within one hundred feet of any building in 
 Avhich a fire is ever kindled; 
 
 5. No person shall enter any stable or barn with any candle 
 or lamp not enclosed in a lantern or with a lighted pipe, cigar 
 or cigarette ; 
 
 6. No person shall set out fire within fifty feet of any 
 building : 
 
 Provided that any blacksmith may build a fire within fifty 
 feet of his shop for the purposes of his trade ; 
 
 T. No person shall deposit ashes in any wooden container 
 unless it be lined with metal ; 
 
 8. All ovens and furnaces shall be properly connected with 
 a chimney of brick, stone or concrete at least three feet hio'her 
 than the building in which such oven or furnace is built; 
 
 9. There shall be a space of at least nine inches between 
 any stovepipe and any partition or fioor through which it 
 passes imless sucli stovepipe be surrounded in such partition 
 or floor by a thimble of brick, cement or concrete at least two 
 inches in thickness and of the full dejith of such partition or 
 floor; and every such stovepipe, shall be inserted into a chimney 
 of brick, stone or concrete ; 
 
VILLAGES 123!) 
 
 10. At least tweh-e inches shall intervene between any stove 
 m tise and the partition or wall nearest thereto ; 
 
 11. Every proprietor or occupant of any house more than 
 one stori-y high with a roof liaving a pitch greater than one 
 foot in three shall keep a ladder on such roof near the chimney 
 thereof. 
 
 (2) Any person contravening any of the provisions of this 
 section shall be guilty of an offence and liable on summary 
 conviction thereof to a penalty not exceeding $10. 1901, c. 
 25, s. 56. 
 
 EEMUI7EEATION OF OVEESEEE. 
 
 57. The remimeration of overseer shall be fixed at the Remuneration 
 annual meeting but shall not be more than $100 nor less than and watlr-'' 
 $15; together with 2% per centum of all taxes collected by™'"''''*'' 
 him; and the overseer may retain his said remuneration at 
 the expiration of his term of office out of the moneys then in 
 his hands. 
 
 (2) The remuneration of any ivatermaster employed utider 
 the provisions of this Ordinance shall also he fixed at the 
 annual meeting hut in the event of his employment being 
 authorised hy the commissioner in any year suhsequerit to the 
 annual meeting the remuneration of the ivatermaster for the 
 balance of such year shall be fixed hy the overseer with the 
 approval of the commissioner. 1901, c. 25, s. 57, and 1903, 
 Sess. 1, c. 20, s. 6. 
 
 AUniT^ ETC. 
 
 58. At the expiration of the term of office of any overseer Audit of 
 
 T 1 n 1 fv* c overseer s 
 
 or upon his ceasing to hold office for any cause or at any books 
 other time that the commissioner may direct all books, 
 accounts, records, lists, vouchers, moneys and other property of 
 the village shall be examined by an official auditor appointed 
 under the provisions of any Ordinance or by some qualified 
 person appointed by the commissioner and handed over to the 
 successor in office of such overseer ; and the auditor shall make 
 a full report of his examination and audit of all such books, 
 accounts, records, lists, vouchers and moneys transmitting on"- 
 copy thereof to the commissioner and handing a second copy 
 to the overseer to be presented to the ratepayers. 
 
 (2) For the purpose of such examination and report it shall 
 be the duty of the auditor to: 
 
 1. Compare the overseer's statement with that of the pre- 
 vious year to see that the proper balances are carried forward ; 
 
l-iO VILLAGES 
 
 2. Compare the balance on hand as shown by the overseer's 
 books with the balance in overseer's bank book and satisfy 
 himself as to that balance being in bank at date of the audit; 
 
 3. Compare the revised assessment roll and tax list with the 
 overseer's statement of taxes received and taxes outstanding 
 in respect of the year's assessment; 
 
 4. Eeport the proof advanced by the overseer of the correct- 
 ness of the statement of receipts from dog licenses, hawker, 
 pedler and billiard licenses, tra\'olling entertainers, fines and 
 other sotirces of revenue; 
 
 5. Ascertain whether authority existed for each payment 
 made and obligation incurred and report particulars of any 
 expenditure made by the overseer without authority of the 
 annual meeting; 
 
 6. Examine all vouchers and report all payments made for 
 which detailed statements of account and receipts for payments 
 have not been produced by the overseer ; 
 
 7. Ascertain the correctness of the overseer's inventory of 
 village assets. 1901, c. 25, s. 58. 
 
 Penalties 
 
 OFFENCES AWD PENALTIES. 
 
 59. Any overseer after accepting office neglecting or 
 refusing to render a true and correct account as and when 
 required herein or refusing or neglecting to hand over to his 
 successor in office any property of the village as directed by 
 the foregoing section shall be guilty of an offence and shall be 
 liable on summary conviction thereof to a penalty not exceed- 
 ing $50. 
 
 (2) Any overseer after accepting office neglecting or refus- 
 ing to discharge any other duty under this Ordinance shall be 
 guilty of an offence and liable to a penalty not exceeding $25. 
 
 (3) Any person contravening any provision of this Ordin- 
 ance for which contravention no penalty is therein provided or 
 iinv judgment, order or regulation given or made under this 
 Ordinance shall be liable on summary conviction thereof to a 
 ])3nalty not exceeding $25. 
 
 (4) Fines imposed for the contravention of this Ordinance 
 or of any regulation made hereunder shall be paid to the over- 
 seer to form part of the village funds. 1901, c. 25, s. 59. 
 
 TITLE TO REAL ESTATE. 
 
 to^vesTert'in'^" ^^' "^^^ ^^^^^ *° ^^^ lands purchased or otherwise acquired 
 on behalf of any village shall be vested in the commissioner 
 who shall hold the same for the purposes of the village. 1901, 
 c. 25, s. 60. 
 
 commissioner 
 
VILLAGES 1241 
 
 EULES AND EEGTTLATIOITS. 
 
 61. The commissioner may from time to time prescribe T'l" commis- 
 such rules, regulations and forms as may be deemed necessary mX/rufel 
 for the proper carrying into effect of the provisions of this"'"'" 
 Ordinance. 1901, c. 25, s. 61. 
 
 ALTEKATIOIT OF BOTTNDAEIES. 
 
 63. * * -"■ ****** * * * 
 
 NOTICE OF MEETINGS. 
 
 03. Any notice required by this Ordinance for calling Publication of 
 meetings may be published in any newspaper published in the "" "'"'' 
 village in addition to beiug posted as elsewhere provided 
 herein. 1901, c. 25, s. 63. 
 
 64. Chapter 25 of the Ordinances of 1900 is hereby '^«p<=ai 
 repealed. 1901, c. 25, s. 64. 
 
 SOHEDULE. 
 
 EOKM A. 
 
 I, A.B., hereby declare that I am of the full age of twenty- 
 one years and have owned or occupied land within the village 
 of for a period of at least 
 
 three months immediately prior to the date of this election. 
 
 1901, c. 25. 
 
 FOEM B. 
 Village of 
 
 I returning officer for the village 
 
 of make oath that the record of votes hereto 
 
 attached signed by me is a true record of the votes given at 
 the election of an overseer for the said village held on the 
 day of 1 , when 
 
 was duly elected overseer of the said village. 
 Sworn before me at \ 
 
 this day of ,- 
 
 1 . ) 1901, c. 25. 
 
1242 VILLAGES 
 
 FOEM 0. 
 
 Know all men by these presents that we 
 
 of 
 and of 
 
 are held and 
 firmly bound unto His Honour the Lieutenant Governor of the 
 ]Sforth-West Territories each in the sum of three hundred 
 dollars of good and lawful money, of Canada to be paid by 
 each of us to the said Lieutenant Grovernor for which payment 
 well and truly to be made we severally bind ourselves and our 
 respective heirs. 
 
 Whereas under the provisions of The Village Ordinance 
 
 was on the 
 day of 1 duly elected 
 
 tr) the office of overseer in the village of 
 
 Now the condition of this obligation is such that if the 
 said shall at 
 
 all times until his successor in such office is duly appointed 
 according to law, keep, fulfil, observe and comply with all and 
 every provision of the said Ordinance to which the said 
 
 as such overseer is or shall be subject; and 
 truly and faithfully whenever required by law so to do render 
 account and delivery of all moneys and property of any nature 
 which may or but for the default of the said 
 
 would have come into his hands 
 as such overseer; and if the said 
 
 in all respects faithfully performs his duty as such overseer in 
 said village, then this obligation shall be void but otherwise 
 shall remain in full force and virtue. 
 
 Dated the day of 1 
 
 Signed, sealed and delivered in ) [Seal] 
 
 the presence of \ [Seal] 
 
 1901, c. 25. 
 
 Affidavit- of Justificatioit to be Indorsed on Bond. 
 
 We, and the sureties in the 
 
 within bond named, do severally make oath and say as follows : 
 
 1. I, the said for myself say that I am worth 
 
 property situate in the North-West Territories to the value of 
 three hundred dollars over and above what will pay all my 
 just debts and over and above the exemptions allowed by law. 
 
VILLAGES 1243 
 
 2. And I the said for myself say that I am 
 
 worth property situate in the North-West Territories to the 
 value of three hundred dollars over and above what will pay 
 all my just debts and over and above the exemptions allowed 
 by law. 
 
 The above named \ 
 
 and were I 
 
 severally sworn before me at > 
 
 this 
 day of 1 ; 
 
 N.P. or J.P- 1901, c. 25. 
 
 Village of 
 To 
 
 rOEM D. 
 
 Notice of Assessment. 
 
 Take notice that you have been assessed the sum of $ . 
 in respect of the following property for the year 19 
 
 Lot Block $ 
 
 Stock $ 
 
 Dog tax $ 
 
 Total amount of assesment .... $ 
 Dated at this day of 19 
 
 Overseer. 
 
 Mailed {or delivered) at this day 
 
 of 19 
 
 Overseer. 
 1901, c. 25. 
 
1 244 VILLAGES 
 
 FOKM E. 
 Village of 
 
 Statement and Demand foe Taxes. 
 To 
 
 Taxes on the undermentioned j^roperty are now due from 
 
 you for the year 1 .... to the amount stated hereunder. 
 
 AMOUNT OF BATE OF AMOUNT OF 
 
 ASSESSMENT. ASSESSMENT. TAXES DUE. 
 
 Lot Block $ 
 
 Stock 
 
 Dog tax 
 
 Total amount of taxes due $ 
 
 Dated at this day of 
 
 1 
 
 Overseer. 
 
 Unless above taxes are paid within thirty days from date 
 hereof, the same will be levied with costs by distress in accord- 
 ance with the provisions of The Village Ordinance in that 
 behalf. 1901, c. 25. 
 
 FOEM F. 
 CANADxV : 
 I^orth-West Territories 
 
 Village of 
 
 Debenture No. 
 The village of promises to pay to 
 
 the bearer at the Bank of 
 
 at the in the 
 
 Canada, the sum of dollars of lawful money of 
 
 Canada in equal annual instalments with interest at the 
 
 rate of per centum per annum in the manner specified 
 
 in the coupons attached hereto. 
 
 Dated this day of A.D. 190 
 
 For the said village, 
 
 Overseer. 
 
 Approved, 
 
 Commissioner, Public Worlts, ]^.W.T. 
 
VITAL STATISTICS 134."! 
 
 Coupon Xio. $ Debenture No. 
 
 The village of -will pay to the 
 
 bearer at the at 
 
 on the day of 19 the 
 
 sum of dollars being the 
 
 payment of interest with the total interest 
 at the rate of per centum per annum due on 
 
 that day on debenture ITo. 
 
 U uerscer. 
 
 (Similar coupons to he attached for each of the other payments 
 of principal and interest due.) 1901, c. 25. 
 
 VILLAGES. 
 
 AMENDMEITT. 
 
 An Ordinance to amend Chapter 25 of the Ordinances i90|.se98. 2, 
 of 190T, intituled "An Ordinance respecting ^^'^°^'^"'' 
 Villages." 
 
 [Assented to November 21, 1903.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 !• and 3. 
 
 * 7f * 
 
 Section 62 
 
 3. Section 62 of the said Ordinance is hereby repealed. ^pealed 
 
 4. The overseer of every village shall for the purposes of ^^^n^^l^^"" '^'' *•* 
 The PuUic Health Ordinance be a sanitary inspector and '"^p®"*^""" 
 shall have all the powers and duties of a sanitary inspector 
 
 under the said last mentioned Ordinance within the village. 
 
 VITAL STATISTICS. 
 
 An Ordinance respecting the Registration of Births, c.a w u u_^ 
 Marriages and Deaths. 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
1246 
 
 VITAL STATISTICS 
 
 SHOBT TITLE. 
 
 Short title 
 
 1. This Ordinance may be cited as "The Vital Statistics 
 Ordinance." C. 0. 14, s. 1. 
 
 "Minister" 
 
 INTEEPEETATION. 
 
 2. In this Ordinance unless the context otherwise requires: 
 
 1. The expression "minister" means the member of the 
 executive council administering this Ordinance; 
 
 "Department" 2. The expression "department" means the department 
 presided over by the minister administering this Ordinance; 
 
 3. The expression "occupier" where used in sections 8 
 and 12 of this Ordinance shall be construed to include the 
 master, governor, keeper, warden or superintendent of a gaol 
 prison, penitentiary, lunatic asylum, poor asylum, hospital or 
 other public or private charitable institution. C. O. 14, s. 2. 
 
 ADJIINISTEATIOH". 
 
 "Occupier" 
 
 Administra- 
 tion by 
 Territorial 
 
 secretary 
 
 3. The Lieutenant Governor in Council may direct this 
 Ordinance to be administered by any member of the executive 
 council by name or otherwise; and in the absence of any such 
 direction the Ordinance shall be administered by the Terri- 
 torial secretary. C. 0. 14, s. 3. 
 
 Registration 
 divisions 
 
 Registrars 
 
 Forms 
 
 EEGISTEATIOiq- DIVISIONS. EEGISTEAES. 
 
 4. For the purposes of this Ordinance the Lieutenant 
 Governor in Council shall establish divisions for the registra- 
 tion of births, marriages and deaths occurring within the 
 limits of such divisions and shall appoint registrars therefor. 
 C. 0. 14, s. 4. 
 
 5. The department shall from time to time supply the 
 registrars with the forms necessary for the discharge of the 
 duties herein imposed on them; and it shall be the duty of 
 such registrars to apply to the department for the issue of 
 such forms whenever they may require them. 
 
 (2) The costs and expenses of such forms and the expenses 
 attendant upon the distribution thereof shall be paid out of the 
 general revenue fund of the Territories. 
 
 (3) In case of the termination of the appointment of any 
 registrar by death, resignation or otherwise all such forms 
 and other matters pertaining to his duties under this Ordin- 
 ance in his possession or that of his representative shall be 
 forthwith delivered to his successor. C. O. 14, s. 5. 
 
VITAL STATISTICS 1247 
 
 6. Each registrar shall within the first week of each month ^^^^'^l^ 
 in every year transmit to the department duly certified under 
 
 his hand the forms containing the original entries of all 
 births, marriages or deaths reported to him during the pre- 
 vious month. C. O. 14, s. 6. 
 
 7. Each registrar shall receive a fee to be paid out of the Registrar's 
 general revenue fund of the Territories of twenty-five cents 
 
 for each birth, marriage or death reported to him and duly 
 returned to the department as herein provided. C. O. 14, s. 7. 
 
 REGISTEATION OF BIETHS. 
 
 8. The father of any child born in the Territories or (in Persons to 
 case of his death or absence) the mother or (in case of the 
 
 death or inability of both parents) any person standing in 
 the place of the parents or if there is no such person then the 
 occupier of the house or tenement in which to his knowledge 
 the child was born or the nurse present at the birth shall 
 within one month from the date of the birth give notice thereof 
 to the registrar of the division in which the child was born 
 giving as far as possible the particulars required in form A in 
 the schedule to this Ordinance with such additional informa- 
 tion as may be required by the minister from time to time. 
 C. O. 14, s. 8. 
 
 9. In registering; the birth of an illegitimate child it shall Registration 
 
 o o D of illegitimate 
 
 not be lawful for the name of any person to be enteroa as the ciiiidren 
 father unless at the joint request of the mother and of the 
 person acknowledging himself to be the father; and in all 
 cases of the registration of the birth of illegitimate children 
 the registrar shall write the word "Illegitimate" in the column 
 set. apart for the name of the child and immediately under 
 the name if any. C. O. 14, s. 9. 
 
 10. "When the birth of any child has been registered and Alterations 
 the name (if any) by which it was registered has been altered 
 
 or (if it was registered without a name) when a name is given 
 it the parent or guardian of the child or other person procur- 
 ing such name to be altered or given may within two years 
 next after the date of the birth deliver to the department a 
 certificate signed by the clergyman or person who performed 
 the rite of baptism upon which the name was given or altered 
 or (if the child is not baptised) signed by the father, mother 
 or guardian of the child or other person procuring the name 
 of the child to be given or altered; and the necessary altera- . 
 
1348 
 
 VITAL STATISTIOS, 
 
 tions shall be made in margin of the form containing the 
 original entry without making any alteration in the original 
 entry. C. o'. 14, s. 10. 
 
 Officiating 
 clergyman 
 to report 
 
 EEGISTEATION OF MAEEIAGES. 
 
 11. Every clergyman, minister or other person authorised 
 by law to celebrate marriages shall be required to report every 
 marriage he celebrates to the registrar of the division within 
 which the marriage is celebrated within one month from the 
 date of the marriage with the particulars required by form B 
 in the schedule to this Ordinance ; and in order to better enable 
 the clergyman, minister or other person to make the report as 
 aforesaid he shall be furnished (on demand) by the registrar 
 of the division in which he resides with blank forms contain- 
 ing the particulars required by said form B. 0. 0. 14, s. 11. 
 
 EEGISTEATION OF DEATHS. 
 
 Who shall 13. The occupier of the house or tenement in which a 
 
 register / • p • i i 
 
 deaths death takcs place or (if the occupier be the person who has 
 
 died then) some one of the persons residing in the house in 
 which the death took place or (if the death has not taken place 
 within a house then) any person present at the death or 
 having any knowledge of the circumstances attending the 
 same or the coroner attending any inquest held on such person 
 shall supply to the registrar of the division in which the death 
 took place according to his or her knowledge or belief all the 
 particulars required to be registered touching such death 
 according to form C in the schedule to this Ordinance. C. 0. 
 14, s. 12. 
 
 Certificate of 
 registration 
 
 13. Every registrar shall (immediately upon registering 
 any death or as soon thereafter as he is required so to do) 
 without fee or reward deliver to any person requiring the 
 same for the purpose of burial a certificate according to form 
 D in the schedule to this Ordinance that the particulars of 
 such death have been duly registered. C. O. 14, s. 13. 
 
 Clergyman 14. Every clergyman, minister or other person who buries 
 
 deaths, if not qj. performs any funeral or religious service for the burial of 
 
 before burial ^^y ^q^^ body (unless hc has received a certificate under the 
 
 hand of the registrar of the division in which the death took 
 
 place according to form D in the schedule to this Ordinance 
 
 that the particulars of the death have been duly registered) 
 
 shall within one month make a return of such death according 
 
 . to form in the schedule to this Ordinance to the registrar of 
 
 the division in which the death took place. C. O. 14, s. 14. 
 
VITAL STATISTICS 1241J 
 
 15. Every duly qualified medical practitioner who was last ;^(,°"clrtf clause 
 in attendance during the last illness of any person shall (with- of death 
 
 in one month after having notice or knowledge of the death of 
 such person) transmit to the registrar of the division in which 
 the death took place a certificate under his signature of the 
 cause of death according to form E in the schedule to this 
 Ordinance; and it shall be the duty of every such medical 
 practitioner to apply to the said registrar for blank forms for 
 that purpose; and upon the receipt of the certificate from the 
 medical practitioner by the registrar he shall attach the same 
 to the form as provided in form C in the schedule hereto 
 containing the particulars of such death. C. 0. 14, s. 15. 
 
 16. Every superintendent, caretaker or owner of any ceme- Cemetery 
 
 ,., Ill IT • •■ caretakers 
 
 tery or burial ground whether public or private permitt]ngio report 
 any dead body to be interred in the grounds over which he previously 
 has charge (unless he receives a certificate under the hand of 
 the registrar of the division in which the death took place 
 that the particulars of the death have been duly registered) 
 shall give to the registrar within seven days after the burial a 
 written notice under his hand stating according to his knowl- 
 edge, information and belief, the name and residence of the 
 deceased and the date and place at which the death and burial 
 took place. C. O. 14, s. 16. 
 
 PENALTY FOE DEFAULT OF EEGISTEEING. 
 
 17. If any person required by this Ordinance to report P|^,''J^ty^o^ 
 births, marriages, deaths or burials refuses or wilfully ''^Bistraiion 
 neglects to do so within the time named such person shall be 
 
 guilty of an offence and on summary conviction thereof forfeit 
 and pay a sum not less than $1 nor more than $50; and it 
 shall be the duty of registrars to prosecute all such persons 
 so neglecting or refusing to make the required reports within 
 the limits of their respective divisions ; but nothing contained 
 in this section shall prevent persons other than registrars from 
 prosecuting defaulters. C. O. 14, s. 17. 
 
 COEEECTIOIs^ OF EEKOES. SUBSEQUENT EEGISTEATIOX. 
 
 18. If it is discovered that any error has been made in the Correction of 
 entry of any birth, marriage or death then (upon the same ''"'^'y' «'<"• 
 being reported to the proper registrar) it shall be his duty to 
 inquire into the same and if satisfied that an error has been 
 committed it shall be lawful for him to make the necessary 
 alteration in the margin of the form containing the original 
 
 entry without any alteration in such original entry ; and if the 
 
1250 
 
 VITAL STATISTICS 
 
 Registration 
 after two 
 years 
 
 original entry of such birth, marriage or death has been trans- 
 mitted to the department he shall report to the department 
 according to the facts of the case so as to secure the correction 
 of such erroneous entry in the margin of the form containing 
 the original entry. C. 0. 14, s. 18. 
 
 19. Every registration of a birth, marriage or death shall 
 be made within the time specified; but nothing herein con- 
 tained shall prevent the subsequent registration of such birth, 
 marriage or death within the period of two years. 
 
 (2) After the expiration of two years after the date of any 
 birth, marriage or death the particulars of such birth 
 marriage or death shall not be registered except with the 
 written authority of the minister and the fact of such authority 
 having been given shall be entered in the column set apart for 
 remarks in the registration form. C. 0. 14, s. 19. 
 
 ItETURXS. 
 
 Vital statistics 
 returns to 
 be kept in 
 department 
 
 Fees for 
 search and 
 certificate 
 
 l'ro\'iso 
 
 30. The returns of births, marriages' and deaths shall be 
 transmitted by registrars to the department l)y registered 
 mail ; and shall be arranged, indexed and kept in the archives 
 of the department; and any person shall be entitled to have 
 them searched during the regular business hours of the depart- 
 ment on payment of twenty-five cents for each search and to re- 
 quire extracts duly certified by the minister on payment of fifty 
 cents for each such certificate. 
 
 (2) In case such searches l.)e required to be made and 
 extracts to be furnished before the returns have been trans- 
 mitted to the department as required by this Ordinance any 
 registrar shall as to the returns in his jiossession allow such 
 searches to be made and shall funiish certified extracts on 
 payment to him of the fee or fees as provided in this section ; 
 but any registrar who may not have transmitted his returns 
 as required by this Ordinance shall not allow such searches to 
 be made or give such certified extracts after the date when such 
 returns should have been transmitted: 
 
 Provided that any coroner shall be entitled to have the 
 returns of births, marriages and deaths searched free of charge 
 hj the registrar or other ofiicer having charge of such returns 
 in respect of any inquiry pending before him and to receive 
 extracts duly certified therefrom free of charge. 
 
 (3) Such certified extracts shall be evidence of the entry 
 and prima facie evidence of the facts therein stated in anv 
 .■ourt. C. 0. 14, s. 20, 
 
VITAL STATISTICS 1251 
 
 REGULATIONS. 
 
 31. The Lieutenant Governor in Council niaj' from time to J;;o;':'ernor'in 
 time make such further rules, orders and regulations as may be n,ak"e'ru™s^'' 
 required for the purpose of effectually obtaining the informa- 
 tion required by this Ordinance or such further information 
 
 as he may deem necessary ; and may prescribe additional forms . 
 or alter or vary any of the forms in the schedule hereto or 
 substitute neiv ones therefor. C. O. 14, s. 21 ; 1900, c. 2, s. 1. 
 
 PENALTIES AND PKOSEOUTIONS. 
 
 32. Any person who knowingly ov wilfully makes or causes J^^"!'^*'" *°'' 
 to be made a false statement touching any of the particulars ^latement 
 required to be reported and entered under this Ordinance shall 
 
 be guilty of an offence and liable upon sununary conviction 
 thereof to a penalty of $25. C. 0. 14-, s. 22. 
 
 33. For the purpose of proceedings under this Ordinance Place of 
 
 , 1 • 1 1 1 re offence 
 
 or any order or regulation made thereunder, every ottence hereunder 
 against this Ordinance or any such order or regulation shall be 
 deemed to have been committed and every cause of complain I 
 under this Ordinance or any such order or regulation shall be 
 deemed' to have arisen either in the place in which the same 
 actually was committed or arose or in any place in which the 
 person charged or complained against happens to be. C. 0. 14, 
 s. 23. 
 
rj52 
 
 VITAL STATISTICS 
 
 SCHEDULE. 
 
 FOEM A. 
 
 EEGISTEATION OF BIBTH. 
 
 Eegistration Division of 
 
 No. 
 
 .of 1 
 
 When Born 
 
 Name 
 
 Sex 
 (male or female) 
 
 Name and surname 
 of father 
 
 Name and sur- 
 name of mother. 
 
 Rank or profesion 
 of father. 
 
 Description and 
 
 residence 
 of informant. 
 
 Name of doctor 
 
 in attendance 
 
 (if any). 
 
 Remarks. 
 
 I hereby certify the foregoing to be true and correct to the 
 best of my knowledge and belief. 
 
 Given under my hand at the day of 1 
 
 Informant. 
 I hereby certify the foregoing to be the true and correct 
 original entry of birth returned to me on the above mentioned 
 date. 
 
 Given under my hand at the day of 1 
 
 Registrar. 
 
y'iTAt Sl'ATISTICS' 
 
 FORM B. 
 
 125.T 
 
 No. 
 
 .of 1 
 
 KEGISTEATIOSr OF MAEEIAGE. 
 
 Registration Division of 
 
 1 BEIDEGEOOM. 
 
 His name. 
 
 Age. 1 
 
 Residence | 
 when married. 
 
 Place of birth. 
 
 Bachelor or widower | 
 (b or w). 1 
 
 Rank or profession. 
 
 Religious denomina- | 
 tion. 
 
 jN'ames of parents. 
 
 BEIDE. 
 
 Her name. 
 
 Age. 
 
 Residence | 
 when married. | 
 
 Place of birth. 
 
 Spinster or widow 
 (s or w). 1 
 
 Religious denomina- 
 tion. 1 
 
 Names of parents. | 
 
 Names and resi- 
 dences of witnesses. | 
 
 Date of 
 marriage. 
 
 By License or banns 
 (Lors). 1 
 
 Remarks. 
 
 I hereby certify the foregoing to be true and correct to the 
 
 best of my knowledge and belief. 
 
 Given under my hand at the day 
 
 of 1 
 
 Officiating Clergyman. 
 
1254 
 
 VTTAI. STATISTICS 
 
 I hereby certify the foregoing to be the true and correct 
 original entry of marriage returned to me on the above men- 
 tioned date. 
 
 Given under my hand at the day 
 
 of 1 
 
 Registrar. 
 
 FOE]\r. c. 
 
 No. 
 
 .of 1 
 
 EEGISTEATION OF DEATH. 
 
 Registration Division of 
 
 Xame and surname 
 of deceased. 
 
 When died. 
 
 Sex 
 (male or female). 
 
 Age. 
 
 Rank or 
 profession. 
 
 Where born. 
 
 Certified cause of 
 
 death and duration ' 
 
 of illness. 
 
 Name of physician 
 (if any). 
 
 
 Religious 
 denomination. • 
 
 
 Description and 
 
 residence 
 
 of informant. 
 
 
 Remarks. 
 
 
VTTAL RTATTRTICS 
 
 12E 
 
 I hereby certify the foregoing to be true and correct to the 
 best of my knowledge and belief. 
 
 Given under my hand at the day of 1 
 
 Informant. 
 
 I hereby certify the foregoing to be the true and correct 
 original entry of death returned to me on the above mentioned 
 date. 
 
 Given under my hand at the day of 1 
 
 Eegistrar. 
 
 FORM D. 
 
 Division of 
 
 particulars of the death of 
 
 have been duly registered' 
 
 Given under my hand at 
 1 . 
 
 , Registrar of the Registration 
 , do hereby certify that the 
 
 this 
 
 day of 
 
 FORM E. 
 
 Registration Division of 
 
 Name and 
 
 surname of 
 
 deceased 
 
 Sex 
 
 Residence 
 
 Rank 
 
 or 
 
 Profession 
 
 Duration 
 
 of 
 
 illness 
 
 Cause 
 
 of 
 death 
 
 I hereby certify the foregoing to be a true and correct certi- 
 ficate of the cause of the death of the person therein named. 
 
 Given under my hand at 
 of 1 
 
 this 
 
 day 
 
 M.D. 
 
1256 WATHi;, GAS AND ELECTEre COMPANIES 
 
 WATER, GAS, ELECTRIC AND TELE- 
 PHONE COMPANIES. 
 
 "i2"ju'5;e!W -^^ Ordinance respecting Water, Gas, Electric and 
 
 Telephone Companies. 
 
 [Assented to June 12, 1901.] 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as follows: 
 
 Application ^ rj,^^ provisions of this Ordinance shall apply to every 
 
 company organised, incorporated or licensed under any Ordin- 
 ance of the Territories for all or any of the purposes herein- 
 after set forth. 1901, c. 21, s. 1. 
 
 munlcipamy ^- ^o Company shall be entitled to the benefit of this Ordin- 
 
 commissioner ^^06 Until it has obtained the consent of the municipal corpor- 
 
 works''*^ ation of the city or town within which the powers hereby 
 
 requn-e given are to be exercised by such company; such consent to 
 
 be by bylaw and to be on such terms and conditions as the 
 
 bylaw 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 
 
 conmiissioner of public works to the exercise of such powers 
 
 within such area shall also be first had and obtained. 1901, 
 
 c. 21, s. 2. 
 
 Powers of 3. The company may sell and dispose of meters and gas, 
 
 companies ± ,/ .y ^ j. o / 
 
 water, electric or telephone fittings of every description for 
 the use of any private or public building or for any establish- 
 ment, company or corporation whatsoever as well as coke, 
 coal tar and all and every the products of their works, refuse 
 or residuum 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 nr tenants and the company. 1901, c. 21, s. 3. 
 
 MirphiTpower "** ^^"J electric light company may lease to or enter into 
 ar)y contract with any person or persons or body corporate or 
 politic for the use of any power, engines, wheels or machines 
 
WATEB, GAS AND EliECTBlO COMPANIES 1257 
 
 run by water, steam, gas or iu any otlier manner erected by 
 fcucli company for the ijurpose of running or operating electric 
 light plant to the end and intent that such machinery and 
 power may be utilised and employed during the hours when 
 the same is not required for the purpose of furnishing electric 
 light. 1901, c. 21, s. 4. 
 
 o. Subject to the terms oi the consent referred to in section Laying mains 
 
 and wires 
 
 2 liereot tlie company may break up, dag ana trencn and use i° ^^'^^eta 
 so mucii and so many of the streets, squares, liignways, ianes 
 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 elec- 
 tricity from the works of the company to the consumers or 
 users thereof or make connection with the telephone system 
 doing no unnecessary 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 iu progress. 1901, c. 21, 
 
 0. When any company has laid down or erected mains, company's 
 pipes, wires or conductors for the supply of gas, water, regarding 
 electricity or a telephone system through any of the streets, p'pos 
 squares or public places of any' municipality no other person 
 or persons, bodies politic or corporate shall without the con- 
 sent of the company first had and obtained nor otherwise than 
 on payment 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 then as nearly six 
 feet as the circumstance^ of the case will admit. 1901, c. 
 21, s. 6. 
 
 7' When there are buildings within the municipality the supplying 
 different parts whereof belong to different proprietors or are buildings 
 
 .™ 1 ,1 having 
 
 in possession of different tenants or lessees the company may different 
 
 . 1 j.j;i'lj*' owners or 
 
 carry pipes, wires or conductors to any part oi any builamg tenants 
 so 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. 1901, c. ,21, s. 7. 
 
1258 WATER, GAS AND ELECTEIC COMPANIES 
 
 Breaking up 8. The company may also break up and uplift all passages 
 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. 1901, c. 21, s. 8. 
 
 Compensation 9. The Company shall make satisfaction to the owners or 
 proprietors of any building or other ;groperty or to the 
 municipality 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. 1901, c. 21, s. 9. 
 
 toukeprivate ^^' -^° Company shall be entitled by virtue of this Ordin- 
 oompensation ''^^^^'^ *o ^^1^® possessiou or make use of private property or to 
 ascertained ,]^q ^^^j 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. 1901, c. 21, 
 s. 10. 
 
 works'"" °* !!• 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 there- 
 with connected and wheresoever situated so as not to endanger 
 the public health or safety. 1901, c. 21, s. 11. 
 
 powire*o?°'°' 13. JSTothing contained in this Ordinance shall authorise 
 company ^^^^^ Company or any person acting 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 premises of any person any water already appro- 
 priated and necessary for his domestic uses without the e(3nsent 
 in writing of the owner or owiKers thereof first had and 
 obtained. 1901, c. 21, s. 12. 
 
 Prjjiieges o( 13. jSTothing in this Ordinance shall authorise any com- 
 
 companies pany to interfere with or infringe upon any exclusive privilege 
 
 granted to any other company. 1901, c. 21, s. 13. 
 
 righta'*"^^ 14. ISTothing 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. 1901, c. 21, s. 14. 
 
WATEB., GAS AND ELECTEIC COIEPANIES 1259 
 
 15. Neither the service nor the connecting pipes, wires or ^onfalstress 
 conductors of the company nor any meters, lustres, lamps, ^°^'®'™™ 
 pipes, gas or water or electric lor 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 or the 
 use of whose house or building the same may be supplied by 
 the company notwithstanding the actual or apparent posses- 
 sion thereof by such person. 1901, c. 21, s. 15. 
 
 16. When a company has constructed works for supplying Company to 
 any municipality or municipalities with gas, water, electricity J>.iiiiiiings in 
 or telephones and the company is able so to do it shall be the 0° request 
 duty of the company to supply all buildings situate upon land 
 
 lying along the line 'of any supply pipe or wire upon the same 
 being requested by the owner, occupant or other person in 
 charge of any such building. 1901, c. 21, s. 16. 
 
 IT. A company before supplying water, gas, electricity or Company may 
 telephones to any building or as a condition to its continuing security^from 
 to 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. 1901, c. 21, s. 17. 
 
 18. "NTothins in the next preceding two sections contained Liability for 
 
 o -*■ '-' lailure ot 
 
 shall be construed so as in any way to affect the liability of ™PP[y^"°t 
 
 aiLy 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. 1901, c. 21, 
 
 s. 18. 
 
 PEOIIIBITION AST) PENALTIES. 
 
 19. If any person supplied by the company with gas. Nonpayment 
 water, 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 person^ 
 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 off the service pipe or pipes, wires or conductors 
 
1260 WATtE, GAS AND ELECTEIC COMPANIES 
 
 or by such other means as the company or its ofScers sees fit ; 
 and may recover the rent or charge due up to such time 
 together with the expense of cutting off the gas, water, elec- 
 tricity or telephone as the case may be in any competent court 
 notwithstanding any contract to furnish for a longer time. 
 1901, c. 21, s. 19. 
 
 PENALTIES. 
 
 Penalties 
 
 30. If any person: 
 
 1. Wilfully or maliciously 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 connec- 
 tion therewith or any of the materials used and provided for 
 the same or ordered to be erected, laid down or belonging to 
 any such company; 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 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 wrongfiU or improjper means increases the 
 supply of gas or water or electricity agreed for with the com- 
 pany; or 
 
 5. Wilfully or maliciously damages or causes or knowingly 
 suffers to be damaged any meter, lamp, lustre, ^vire, 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 elec- 
 tricity than actually passes through the same ; 
 
 such person shall on summary conviction l)e liable to a penalty 
 not exceeding $50. 1901, c. 21, s. 20. 
 
 Entry of 31. In all cases where the company may lawfully cut off 
 
 employees of and take away the supply of gas, water, electricity or 
 disconnect the telephone system from any house, building or 
 
WATliR, GAS AND ELECTUIO COMPA^MES 1261 
 
 premises the company, their ageuts 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 inconvenience as possible and may remove and take away 
 any pipe, meter, cock, branch, lamp, iitting or apparatus the 
 property of and belonging to the company; and any servant 
 duly authorised by the company may between the hours 
 aforesaid enter any house into which gis, water, electricity or 
 telephone system has been taken or supplied 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 iof the company to enter and perform the acts afore- 
 said the person so refusing or obstructing shall incur a 
 nenalty to the company for everv such offence not exceeding 
 SR20 and a further penaltv not eyceeding $4 for every day 
 during which such refusal or obstruction continues -fio be 
 recovered with costs on summary conviction. 1901, c. 21, 
 '^. 91. 
 
 33. Where a customer discontinues the use of the eras or Kemovaiof 
 
 . . . . , Httings, etc., 
 
 water or electricity or telephone furnished or supplied bv anv 'vhere service 
 
 fUscontiniied 
 
 company or the company lawfully refuses to continue anv 
 longer to supply the same the officers and servants of the 
 comnanv mav at all reasonable times enter upon the premises 
 in or upon which such customer was sunrilied with ffas or 
 water or electricitv or telephone for the purnose of removing; 
 therefrom any fittins", machine, apparatus, meter, pipe, wire, 
 conductor or other thing beino: the propertv '^f the co"mn<m"'' 
 in or upon such -premicies and mav remove +he snme therefrom 
 doiuff no unnecessary damao'c. 1901. c. 21, s. 22. 
 
 33. Subiect to the provisions of section 12 hereof any Arbitration 
 
 ' . where private 
 
 company deeming it necessarv or proper to conduct anv of its J?™{'f'' ^T 
 pipes, wires or conductors or to carrv any of the works of the 
 comnany tbroue'h the lands of anv person Iving' within or 
 within ten milo=. of the municipalitv within which the opera- 
 tions of the eompauv are to lie carried on and the consent of 
 such person cannot be obtained for that nurnoso the comnanv 
 shall proceed to arbitration imrlpr thp riroxnsious of TItp 
 Arbitration Ordinance : such arbitration to be by two arbitra- 
 forc- one to be appointed by each party. 
 
1262 workman's compensation 
 
 (2) The arbitrators shall determine the questions in dis- 
 pute 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 arbitra- 
 tion 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 of any of them. 1901, c. 21, s. 23. 
 
 WEED^. 
 
 See NOXIOUS weeds. 
 WIFE AND CHILDREN. 
 
 See COMPENSATION TO T-AMILIES. 
 INSUEANCE EOE BENEFIT OE. 
 
 WINDING UP COMPANIES. 
 
 See COMPANIES WINDING UP. 
 
 WORKMAN'S COMPENSATION. 
 
 fukj\ 1900 ^" Ordinance to Secure Compensation to Workmen. 
 
 [Assented to May i, 1900.'\ 
 
 THE Lieutenant Governor by and with the advice and 
 consent of the Legislative Assembly of the Territories 
 enacts as foUws: 
 
 Short title !• This Ordinance may be known and cited as "The Work- 
 
 mans Compensation Ordinance." 1900, c. 13, s. 1. 
 
 Negligence of 2, It shall not be a good diefence in law to anv action 
 
 fellow . , •' 
 
 workman no agamst au employer or the successor or legal representative of 
 action against an employer for damages for the injury or death of an 
 employee of such employer that such injury or death resulted 
 fnom the negligence of an employee engaged in a common 
 employment with the injured employee any contract or agree- 
 ment to the contrary notwithstanding. 1900, c. 13, s. 2. 
 
 YOUTHS. 
 
 See USE OF tobacco by minors. 
 
APPEl^DIX 
 
 CONTENTS. 
 
 PAGE 
 
 A The North- West Territories Act and Amendments 1265 
 
 B The Land Titles Act 1894 (in part) and Amendments 
 
 (in part) 1305 
 
 C The Act to repeal the Homestead Exemption Act 1812 
 
 D The North- West Irrigation Act and Amendment 1313 
 
 E The Saskatchewan Act 1332 
 
 F The Saskatchewan and Alberta Roads Act 1349 
 
I2(ir 
 
 APPENDIX A. 
 
 THE NORTH-WEST TERRITORIES 
 ACT AND AMENDMENTS. 
 
 The principal Act revised to 11)04, ^- S. C. 50. 
 
 Amending Act 1888, revised 51 V., c. ig. 
 
 Amending- Act i8gi, revised S-fSS V., c. 22. 
 
 Amending Act 181)4, revised 57-5S V,, c. ly. 
 
 Amending Act i8()^, revised 5^-59 V., c.ji. 
 
 Amending Act iSgy, revised 60-61 V., c. 28, 
 
 Amending Act igoj, revised j Ed. VIZ, c. 40. 
 
 Amending Act i()OS, in whole 4-g Ed. VIZ, c. .y. 
 
 An Act respecting the North- West Territories. R?-<^ 
 
 c. 50 
 
 TJEE. Majesty by and with the advice and consent of the 
 J-J- Senate and House of Commons of Canada enacts as 
 follows : 
 
 SHORT TITLE. 
 
 !• This Act may be cited as "The North-West Teiritories Short title 
 Act." 
 
 INTERPRETATION. 
 
 3. In this Act unless the context otherwise requires : interpretation 
 
 («) The expression "Territories" means the ISForth-West "Territories" 
 Territories as defined in this Act; 
 
 (h) The expression "The Lieutenant Governor" means the qJ',!™^®"""'^^ 
 Lieutenant Governor of the ISTorth-West Territories ; 
 
 (c) The expression "Lieidenant Governor in Oouncil" "Lieutenant 
 means the Lieutenant Oovernor of the Territories, by and luithconndi" 
 the advice and consent of the Executive Council of the Terri- 
 tories, or in conjunction with the Executive Council of the 
 Territories, as the case may he; 
 
 (d) The expression "Supreme Court" means the Supreme "Supreme 
 Court of the North-West Territories ; 
 
 (e) The expression "intoxicating liquor" means and ".intoxicating 
 includes all spirits, strong waters, spirituous liquors, wines, 
 fermented or compounded liquors or intoxicating fluids ; 
 
 (/) The expression "intoxicant" includes opium or any "intoxicant" 
 preparation thereof, and any other intDxicating drug or sub- 
 stance, and tobacco or tea mixed, compounded or impregnated 
 
1266 
 
 NOETH-WEST TEREITOKIES ACT 
 
 "Legislative 
 
 Assembly" 
 
 defined 
 
 with opium, or with any other intoxicating drug, spirit or 
 substance, and whether the same or any of them is liquid or 
 solid ; 
 
 (g) The expression "Legislative Assemhly" means the 
 Legislative Assemhly of the Territories composed, under the 
 provisions of this Act, of the members elected to represent the 
 several electoral divisions into which the Territories are or 
 from time to time may he 'divided. 60-61V., c. 28, ss. 2 
 and 3. 
 
 goveenmejstt and legislation. 
 
 Territories 
 defined 
 
 3. The Territories formerly known as "Rupert's Land" 
 and the ISTorth-West Territory shall, with the exception of such 
 portions thereof as form the Province of Manitoba and the 
 District of Keewatin, continue to be called and known as the 
 North- West Territories. 
 
 Lieutenant 
 Governor 
 
 Hie povrers 
 
 4. There shall be for the Territories an officer called the 
 Lieutenant Governor, appointed by the Governor in Council, 
 by instrument tnider the Great Seal of Canada, who shall hold 
 office during pleasure. 
 
 (3) The Lieutenant Governor shall administer the govern- 
 ment, under instructions fnom time to time given him by the 
 Governor in Council or by the Secretary of State of Canada. 
 
 Administra- 
 tor 
 
 5. The Governor in Council may from time to time appoint 
 an administrator to execute the office and functions of thd 
 Lieutenant Governor during his absence, illness or other 
 inability. 
 
 Oaths to be 
 taken 
 
 6. Every Lieutenant Governor or Administrator so 
 appointed shall, before assuming the duties of his office, take 
 and subscribe before the Ggvernor General or before some 
 person duly authorised to administer such oaths, an oath of 
 allegiance and an oath of office similar to those required to be 
 taken by a Lieutenant Governor imder The British North 
 America Act 1867. 
 
 T. and 8. 
 
 Seat of Gov- 
 ernment 
 
 9- The seat of government of the Territories shall be fixed 
 and may from time to time be changed by the Governor in 
 Council. 
 
 10. 
 
Assembly 
 
 a-QETH-WEST TERRITORIES ACT 1267 
 
 !!• Subject to the provisions of this Act, the laws of Eng-Lawsof Eng- 
 land relating to civil and criminal matters as the same existed is, isrp, in 
 on the fifteenth day of July in the year of onr Lord one thou- Territories 
 sand eight hundred and seventy, shall be in force in the Terri- exceptions 
 tories in so far as the same are applicable to the Territories 
 and in so far as the same have not been or are not hereafter 
 repealed, altered, varied, modified or affected by any Act of 
 the Parliament of the United Kingdom applicable to the Terri- 
 tories, or of the Parliament of Canada, or by any Ordinance of 
 the Lieutenant Giovernor in Council, or of the Legislative 
 Assembly. CO-61 V., c. 28, s. 4. 
 
 13. All laws and Ordinances in force in the Territories and Laws in force 
 not repealed by or inconsistent with this Act snail remain in ™" ^"^^ 
 force until it is otherwise ordered by the Parliament p£ 
 Canada, by the Governor in Council, or by the Legislative 
 Assembly under the authority of this Act. 60-61 V., c. 28, 
 s. 5. 
 
 13. TJie Legislative Assembly shall, subject to the provi- powers ot 
 sions of this Act, or of any other Act of the Parliament of 
 Canada declared to-be applicable to the Territories, have power 
 to malce Ordinances for the government of the Territories in 
 relation to the classes of subjects next hereinafter mentioned, 
 that is to say : 
 
 1. The mode of providing voters' lists, the oaths to be 
 taken by voters, the appointment, powers and duties of return- 
 ing officers and deputy returning officers, election and foil 
 clerics, and their oaths of office, the proceedings to be observed 
 at elections, the periods during which such elections may be 
 continued, and such other provisions with respect to such elec- 
 tions as may be thought fit; 
 
 2. Direct taxation within the Territories in order to raise 
 a revenue for Territorial or municipal or local purposes; 
 
 3. The establishment and tenure of Territorial offices and 
 the appointment and payment of Territorial officers out of 
 Territorial revenues; 
 
 4. The establishment, maintenance and management of 
 prisons in (hid for the Territories — the expense thereof being 
 payable out of Territorial revenues; 
 
 5. Municipal institutions wi the Territories, including the 
 incorporation and powers, not inconsistent with any Act of 
 Parliament, of irrigation districts, that is to say, associations 
 of the land oivners and persons interested in the lands in any 
 district or tract of land for the purpose of constructing and 
 operating irrigation worhs for the benefit of such lands; 
 
1268 
 
 NOETH-WBST TBEEITOBIES ACT 
 
 Limitation 
 
 • Ordinances 
 respecting 
 education 
 Majority 
 scliools 
 
 Minority 
 schools 
 
 G. Shop, saloon, tavern, auctioneer and other licenses, in 
 order to raise a revenue for Terrilorial or municipal purposes; 
 
 7. The incorporation of compwnies with Territorial 
 ohjects, u-ith the following exceptions : 
 
 (a) Sack companies as cannot be incorporated hy a Fro- 
 vincicd Legislature; 
 
 (h) lid'Uway companies (not including traimuay and 
 street railivay companies) a^d steamboat, canal, tele- 
 graph and irrigation companies ; 
 
 8. The solemnisation of marriage in the Territories; 
 
 9. Property and civil rights in the Territories; 
 
 10. The (iHuiinistra-tion of justice in the Territories, 
 ■including the constitution, organisation and maintenance of 
 Terriioriid courts of civil jurisdiciion, including procedure 
 ther/jin, hut not including the power of appointing any judicial 
 officers; 
 
 11. The imposition of punishment by fine, penalty or 
 imprisonment for enforcing any Territorial Ordinances; 
 
 12. The expenditure of Territorial funds and such portion 
 of any moneys appropriated by Parliament for the Territories, 
 as th& Lieutenant Governor is authorised to expend by and 
 ivitli ilie ndvirr of the Ijcgislafivc Assembly or of any com- 
 mittee thereof ; 
 
 13. Generally, all matters of a merely local or private 
 nirlure in the Territories. 
 
 (2) Nothing in this section contained gives, or shall be con- 
 strued to give, to the Legislative Assembly any greater powers 
 tuith respect to the subjects therein mentioned than are given 
 to Provincial Legislatures under the provisions of section 
 '.),> of "The British North America Act, 1867," ivith respect 
 to the similar objects therein mentioned, oi-.");") Y., c. 22, 
 s. ; 58-59 Y., c. 31, s. 1, and 60-61 V., c. 28, s. 6. 
 
 14. The Legislative Assembly shall pass all necessary 
 ordinances in respect to cdncation ; but it shall therein alwayf 
 !)!■ provided that a majority of the ratepayers of any district 
 or portion of the Territories or of any less portioil or subdivi- 
 sion thereof, by whatever jiame the same is known, may estab- 
 lish such schools therein as they think fit and make the 
 iiocpssary assessment and collection of rates therefor; and also 
 tliat the miuorily of the ratepayers therein whether Protestant 
 or Roman Catholic may establish separate schools therein,- — 
 and in such case, the ratepayers establishing such Protostaul 
 
XORTII-WEST TETiEITOEIES ACT 1269 
 
 or Roman Catholic separate schools shall be liable only to 
 assessments of snch* rates as they impose upon themselves in 
 respect thereof. Gl V., c. 5, s. 12. 
 
 15. * * * * * * * * * -X- 
 
 16. The Legislative Assembly may, from time to iime^ Ordinances 
 make Ordinances in respect to the mode of calUiu/ juries, other im-iea 
 than grand juries, in criminal as well as civil cases, and when 
 
 and hy whom and the manner in luhich they may ie smnmoned 
 or taJicn, and in respect to all matters relating to the same. 
 60-61 Y., c. 28, s. 7. 
 
 It. An authentic copy of every Ordinance shall be trans- Disallowance 
 mitted by mail to the kSt'crctary of State within thirty days° 
 after its passing; and if the Grovernor in Council, at any time 
 within one year after its receipt by the Secretary of State, 
 thinks fit to disallow the Ordinance, such disallowance, when • 
 signified by the Secretary of State to the Lieutenant Governor, 
 shall annul the Ordinance from and after the date of such 
 signification ; and all Ordinances so made and all Orders in submission to 
 Council disallowing any Ordinances so made, shall be laid 
 before both Houses of Parliament as soon as conveniently 
 may be after the making and enactment thereof respectively. 
 
 18. to 35. ****«**■•'** * 
 
 WILLS. 
 
 36. Every person may ,devise, bequeath or dispose of Ijy wiiis may be 
 will, executed in manner hereinafter mentioned, all real and 
 personal property to which he is entitled either at law or in 
 equity at the time of his death and which if not so devised, 
 bequeathed or disposed of, would devolve upon his heir-at-law 
 or upon his executor or administrator. 
 
 27. No will made by any personYnder the age of twenty- TesUtor^ must 
 one years shall be valid. 
 
 38. 'No will shall be valid unless it is in writing and Execution of 
 executed in manner hereinafter mentioned, that is to say: — 
 it shall be signed at the foot or end thereof by the ^estator or 
 by some other person in his presence and by his direction; 
 and such signature shall be made or acknowledged by the 
 testator in the presence, of two or more witnesses present at 
 
1270 
 
 NOETH-WEST TBEEITOEIBS AOT 
 
 No further 
 publication 
 
 the same time; and such witnesses shall attest and shall 
 subscribe the will in the presence of the testator but no form 
 of attestation shall be necessary. 
 
 39. Every will executed in manner hereinbefore required 
 shall be valid without any other publication thereof. 
 
 fn^om'^e-'"'' ^^' ^^ ^^^ pcrsou who attests the execution ,of a will is at 
 J^®^^y °* ^'it- the time of the execution thereof or at any time afterwards 
 incompetent to be admitted as a witness to proye the execution 
 thereof such will shall not on that account be invalid. 
 
 Executor may 
 be witness 
 
 31. ISTo person shall on account of his being an executor 
 of a will be incompetent to be admitted as a witness to prove 
 the execution of such will or as a witness to prove the validity 
 or invalidity thereof. 
 
 Devise to 33. If any person attests the execution of any will to 
 
 witness toJbe . . . 
 
 void, but wit- whom Or to whose wife or husband any beneficial devise or 
 
 nessmay ■' 
 
 prove execu- legacy affecting any real or personal property (other than a 
 charge for 'the payment of a debt) is thereby given such devise 
 or legacy shall, so far only as concerns such person attesting 
 the execution of such will, or the wife or husband of such 
 person or any person claim.ing under such person, wife or 
 husband, be null and void and such person so attesting shall 
 be admitted to prove the execution of such will, or the validity 
 or invalidity of such will notwithstanding such devise or 
 legacy. 
 
 Relocation of 33. ]^o will or codicil, or any part thereof, shall be revoked 
 oodioUs otherwise than by marriage or by another will or codicil ' 
 
 executed in the manner hereinbefore required or by some 
 writing declaring an intention to revoke the same and executed 
 in the manner in which a will is hereinbefore required to be 
 executed or by the burning, tearing or otherwise destroying 
 the same by the testator or by some person in his presence 
 and by his direction with the intention of revoking the same. 
 
 How a will 
 shall be con- 
 strued 
 
 34. Every will shall be construed with reference to the 
 real and personal property affected by it to speak and take 
 effect as if it had been executed immediately iefore the 
 death of the testator unless a contrary intention appears by 
 the will. 
 
 When fee 
 simple shall 
 
 35. If any real property is devised to any person withoift 
 any words of limitation such devise shall be construed to 
 
l>roETri-wi;s'-j:' TiiiiEiTOiiiEs ACT 1271 
 
 pass the fee simple or other the whole estate or interest which 
 the testator had power to dispose of by will in such real 
 property unless a contrary intention appears by the will. 
 
 MAEEIED WOMEN. 
 
 36. AH the wages and personal earnings of a married Her own 
 
 ... . earnings to 
 
 woman and any acquisitions therefrom and all proceeds or pro- belong to her 
 fits from any occupation or trade which she carries on separ- 
 ately from her husband or derived from any literary, artistic 
 or scientific skill and all investments of such wages, earnings, 
 moneys or property shall be free from the debts or disposi- 
 tions of the husband and shall be held and enjoyed by such 
 married woman and disposed of without her husband's consent 
 as fully as if she were a feme sole, and no order for protection No order 
 shall be necessary in respect of any such earnings or acquisi- 
 tions ; and the possession, whether actual or constructive, of 
 the husband, of any personal property of any married woman 
 shall not render the same liable for his debts. 
 
 37. A married woman may make deposits of money in Deposits 
 her own name m any savings or other bank and withdraw 
 
 the same by her own cheque ; and any receipt or acquittance 
 of such depositor shall be a sufficient discharge to any such 
 bank. 
 
 38. J^othing hereinbefore contained in reference to Fraudulent 
 moneys deposited or investments by any married woman shall not valid 
 as against any creditor of the husband give validity to any 
 deposit or investment of moneys of the husband made in 
 
 fraud of such creditors; and any money so deposited or 
 invested may be followed as if this Act had not been passed. 
 
 39. A husband shall not by reason of any marriage be riebts of wife 
 
 •' lie • before and 
 
 liable for the debts of his wife contracted before marriage after marriage 
 but the wife shall be liable to be sued therefor and any 
 property belonging to her for her separate use shall be liable 
 to satisfy such debts as if she had continued unmarried ; and 
 a husband shall not be liable for any debts of his wife in 
 respect of any employment or business in which she is 
 engaged on her own behalf or in respect of any of her own 
 contracts. 
 
 40. A married woman may maintain an action in her Suits by and 
 
 . against a 
 
 own name for the recovery of any wages, earnings, money married 
 and property declared by this Act or which is hereafter 
 
1272 
 
 XOETH-WEST TERRITORIES ACT 
 
 declared to be her separate property and shall hav.e in her 
 own name the same remedies, both civil and criminal, against 
 all persons Avhomsoever for the protection and security of 
 such wages, earnings, money and property and of any chattels 
 or other her separate property for her own use as if such wages, 
 earnings, money, chattels and property belonged to her as an 
 unmarried woman; and any married woman may be sued or 
 proceeded against separately from her husband in respect of 
 any of her separate debts, engagements, contracts or torts, as 
 if she were immarried. 
 
 ADMINISTRATION OF JUSTICE. 
 
 Supreme 
 
 court 
 
 continued 
 
 41. The supreme court of record of original and appellate 
 jurisdiction now existing imder the name of "The Supreme 
 Court of the ISTorth-West Territories" is hereby continued 
 under the name aforesaid. 
 
 43. The supreme court shall consist of a chief justice and 
 not less than five puisne judges who shall he appointed iy 
 the Governor in Council iy letters patent under the Great 
 Seal. .1-4 Ed. VIT., c. 40, s. 1. 
 
 Who may 
 be appointed 
 judge 
 
 43. Any person may be appointed a judge of the court 
 who is or has been a judge of a superior court of any province 
 of Canada, a stipendiary magistrate of the Territories or a 
 barrister or advocate of at least ten years' standing at the 
 bar of any such province or of the Territories. 
 
 No other office 
 of emolument 
 to be held 
 
 44. ISTo judge of the court shall hold any other office of 
 emolument under the Government of Canada or of any 
 province thereof or of the Territories 
 
 Residence 
 
 45. Each judge of the court shall reside at such place in 
 the Territories as the Governor in Council in the commission 
 to such judge or by Order in Council directs. 
 
 Tenure of 
 office 
 
 46. The- judges of the court shall hold office during good 
 behaviour, but shall be removable by the Governor General 
 on address of the Senate and House of Commons of Canada. 
 
 Oath to be 
 taken 
 
 Form of oath 
 
 47. Every judge shall, previously to entering upon the 
 duties of his office as such judge, take oath in the form 
 following : 
 
 I, , do solemnly and sincerely promise and 
 
 swear that I will duly and faithfully and to the best of my 
 
NOETIL-WEST TEEEITOEIES ACT 127o 
 
 skill and knowledge execute the powers and trusts reposed in 
 me as one of the judges of the supreme court of the ISTorth- 
 West Territories. So help me God. 
 
 (2) Such oaths shall be administered by the Lieutenant How 
 Governor or by a judge of the court. administered 
 
 48. The court shall within the Territories and for the Jurisdiction 
 administration of the laws for the time being in force within Territoriel 
 the Territories possess all such powers and authorities as by criminal 
 the law of England are incident to a superior court of civil 
 
 and criminal jurisdiction; and shall have, use and exercise 
 all the rights, incidents and privileges of a court of record 
 and all other rights, incidents and privileges as fully to all 
 intents and purposes as the same were on the fifteenth day 
 of July, one thousand eight hundred and seventy, used, 
 exercised and enjoyed by any of her Majesty's superior courts 
 of common law or by the court of chancery or by the court of 
 probate in England and shall hold pleas in all and ail 
 manner of actions, causes and suits as well criminal as civil, 
 real, personal and mixed and shall proceed in such actions, 
 causes and suits by such process and course as are provided 
 by law and as tend with justice and despatch to determine 
 the same and shall hear and determine all issues of law and 
 shall also hear and ( with or without a jury asj provided by 
 law) determine all issues of fact joined in any such action, 
 cause or suit and give judgment thereon and award execu- 
 tion thereof in as full and as ample a niauner as might at the 
 said date be done in her Majesty's court of Queen's bench, 
 common bench or in matters which regard the Queen's 
 revenue (including the condemnation of contraband or 
 smuggled goods) by the court of exchequer or by the court of 
 chancery or the court of probate in England 
 
 49. The court shall sit in banc at such times and places sittings ot 
 as the Lieutenant Governor in Council appoints; the senior coSrt'"'' 
 judge present shall preside and three judges of [the court shall 
 constitute a quorum. Gl V., c. 5, s. '6. 
 
 50. The court sitting in banc shall hear and determine all jurisdiction 
 applications for new trials, all questions or issues of law, all'" 
 questions or points in civil or criminal cases reserved for the 
 opinion of ih? court, all appeals or motions in the nature ol 
 appeals, all petitions and all other motions, matters or things Appeals 
 whatsoever which are la^^-fully brought before it. 
 
1274 
 
 XORTU-WEST TEERITOEIES ACT 
 
 Judicial 
 districts 
 
 51. The Governor in Council may at any time by procla- 
 mation divide the Territories into judicial districts and give 
 to each such district an appropriate name and in like manner 
 from time to time alter the limits and extent of such districts. 
 
 Territorial 
 jurisdiction 
 of judges 
 
 Writs of 
 certiorari 
 
 53. Every judge of ^the court shall have jurisdiction 
 throughout the Territories but shall usually exercise the same 
 within the judicial district to luhich he is assigned hy the 
 Governor in Council and in all causes^ matters and proceed- 
 ings other than such as arg usually cognizable by a court 
 sitting in banc and not by a single judge of the said court, 
 shall have and exercise all the powers, authorities and juris- 
 diction of the court. 
 
 (2) Subject to any statute prohibiting or restricting prcc'ed- 
 ings by way of certiorari, a single judge shall, in addition to 
 his other poirers, have cdl the powers of the court as to proceed- 
 ings by ivay of certiorari over the proceedings, orders, convic- 
 tions and adjudications had, taken and made by justices of the 
 peace and in addition thereto shall have the poiver of revising, 
 amending, modifying or otherwise dealing with the same; and 
 writs of certiorari may, upon the order of a judge, be issued 
 by the cleric of the court mentioned in such order returnable 
 as therein directed. 54-55 V., c. 22, s. 7. 
 
 Powers of 
 single judge 
 
 53. Whenever under any Act in force in the Territories 
 ;iny power or authority is to be exercised or anything is to be 
 done by a judge of a court such power or authority shall in the 
 Territories be exercised or such thing shall be done by a judge 
 of the supreme court unless any other provision is made in that 
 behalf by such Act. 
 
 Judges to 
 replace 
 the former 
 stipendary 
 
 magistrates 
 
 54. The judgt's of the supreme court shall have all the 
 powers, authority and jurisdiction vested in the stipendiary 
 magistrates of the Territories on the second day of June, one 
 thousand eight hundred and eighty-six ; and wherever in any 
 Act of the Parliament of Canada relating to the Territories, 
 the words "stipendiary magistrate" or "stipendiary magis- 
 trates" are used the same shall mean a judge or the judges of 
 the supreme court, as the case may be. 
 
 sittings 
 where held 
 
 55. Sittings of the supreme court, which shall be presided 
 over by a judge of the court, shall be held in each judicial dis- 
 trict at such times and places as the Lieutenant Governor of 
 the Territories appoints. 
 
XORTII-WEST TERETTOEIES ACT ISTTi 
 
 56. For each judicial district the Governor in Council may sheriffs and 
 appoint a sheriff and the Lieutenant Governor in Council may "^"^^ 
 appoint a clerk of the court and may respectively name the 
 
 place at which such sheriff and clerh respectively shall reside 
 and keep an office; and the cleric of the district within which 
 the seat of government of the Territories is situate shall he 
 registrar of the court sitting in banc. 
 
 (2) And each sheriff and clerk shall appoint a deputy or Deputy 
 deputies at such places within the district and with such cl'el-kT' *'"^ 
 powers as are from time to time determined ly an Ordinance 
 
 of the Legislative Assemhly. 
 
 (3) In case of a vacancy happening in the office of sheriff vacancies 
 or clerk by reason of death, incapacity or otherwise, his deputy 
 
 may perform his duties until a successor is appointed; and 
 where there is no such deputy, the judge usually exercising 
 jurisdiction ivithin the judicial district may appoint a person 
 to fill the vacancy in the meantime. 
 
 (4) The Legislative Assembly may, subject to the provisions Duties, etc., 
 of this Act, define by Ordinance the powers, duties and obi ig a- lierks" ^^^ 
 tions of sheriffs and clerks and their respective deputies. 54- 
 
 55 v., c. 22, s. 8, and 60-61 V., c. 28, s. 10. 
 
 57. Each clerk of the court shall use such a seal for sealing geai of tiie 
 pnocesses issued out of the court in the district for which he is '"'"'' 
 appointed as the Lieutenant Governor approves. 
 
 58. Before entering on the duties of his ofBce every sheriff Bond to be 
 appointed under the provisions of this Act shall give security |hen"ff ^ 
 l)y bond or Ijy guarantee of some guarantee company approved 
 
 by the Governor in Council, in the sum of two thousand dol- 
 lars and every clerk shall give the like security in the sum of 
 one thousand dollars. 
 
 59. Each sheriff shall be paid a yearly salary of five hun- salaries and 
 dred dollars and the Lieutenant Governor by and witU tjie alfdcierk.?" 
 advice and consent of the Legislative Assembly may legislate 
 
 with respect to the re^muneration, by fees or otherwise, in civil 
 matters, of sheriffs and clerks, including the registrar of the 
 supreme court. 57-58 V., c. 17, s. 5. 
 
 60. and 61. * * * * * * * * * * * * * 
 
 63. Every sheriff and clerk shall be an officer of the siieriffs and 
 supreme court generally and not merely of the judges sitting offloers.of the 
 or acting in hi^ district and shall obey the lawful orders of the generally 
 
127G- 
 
 NOETI-I-WEST TEBEITOBIBS ACT' 
 
 said court and of the judges thereof in whatever district suci 
 orders are made, provided anything is required to be done 
 under them by 'the sheriff or clerk in his district. 
 
 Disposal 
 
 of North- West 
 
 Mounted 
 
 Police Force 
 
 63. The Lieutenant Governor may, subject to any orders 
 made in that behalf from time to time by the Governor in 
 Council issue orders to the North- West Mounted Police force 
 in aid of the administration of civil and criminal justice and 
 for the general peace, order and good government of the Terri- 
 tories. 
 
 Justices of 
 the peace 
 
 Property 
 qualification 
 
 Oaths of 
 qualification 
 and office 
 
 Police 
 magistrates 
 
 64. The Lieutenant Governor may appoint justices of the 
 peace for the Territories who shall have, jurisdiction as such 
 throughout the same; but until the Legislative Assembly other- 
 wise provides no person shall be appointed a justice of the 
 peace for the Territories or shall act as such who is ''not the 
 owner in fee simple for his own u,se and benefit of lands laying 
 and being in the Territories of and above the value of three 
 hundred dollars over and above what will satisfy and discharge 
 all incumbrances affecting the same and over and above all 
 rents and charges payabe out of or affecting the same, and who 
 has not resided in the Territories for a period of at least three 
 years. 
 
 (2) Every justice of the peace for the Territories before he 
 takes upon himself to act as such justice shall take and sub- 
 scribe before the Lieutenant Governor, a judge of the supreme 
 court or any justice of the peace for the Territories the oath of 
 qualification and the oath of office contained in the schedule to 
 this Act or such other oath or oaths as the Legislative Assembly 
 
 ■from time to time prescribes. 
 
 (3) The Governor in Council may appoint police magis- 
 trates in the Territories and such police magistrates shall have 
 all powers and authorities now vested in two justices of the 
 peace under any law in Canada and shall exercise jurisdiction 
 in and for such territory as is defined by the Order in Council 
 appointing them respectively or by any Order in Council 
 amending the same. 
 
 (4) No person shall he appointed a police magistrate unless 
 he has been admitted and has practised as an advocate, barris- 
 ter or solicitor in one of the provinces of Canada for a period 
 of not less than three years. 57-58 V., c. 17, s. Y, and 60-61 
 v., c. 28, ss. 11, 12, 13. 
 
NOETII-WEST TERRITORIES ACT 127 7 
 
 ADMINISTRATION OF CRIMINAL LAW. 
 
 65. The procedure in criminal cases in the court shall Procedure 
 subject to any Act of the Parliament of Canada conform as "as''ee"""'' 
 nearly as may be to the procedure existing in like cases in 
 England on the fifteenth day of July in the year one thousand N" s'-and 
 eight hundred and seventy; but no grand jury shall be sum-^"'^'^ ' 
 moned or sit in the Territories. 49 V., c. 25, s. 28. 
 
 66. Every judge of the supreme court shall have and exer- Powers as to 
 cise the powers of a justice of the peace or of any two justices offences 
 
 of the peace under any laws or Ordinances in force in thei 
 Territories — and may also hear and determine any charge 
 against any person for any criminal offence alleged to have' 
 been committed in the Territories, or (subject to the provi- 
 sions of section fourteen of the Act passed. by the Parliament 
 of Canada in the forty-seventh year of her Majesty's reign and 
 chaptered six) in any , territory eastward of the Eocky Moun- 
 tains wherein the boundary between the province of British 
 Qolumbia and the Territories has not been officially ascer- 
 tained, when the accused is charged : 
 
 (a) With having committed or attempted to commit theft, Lirceiiy, etc. 
 embezzlement or obtaining money or property by false pre- 
 tences, or receiving stolen property, in any case in which the 
 value of the whole property alleged to have been stole(n, 
 embezzled, obtained or received, does not, in the opinion of 
 such judge exceed two hundred dollars ; or — 
 
 (h) Wi1;h having committed an aggravated assault by assS"'''''* 
 iml awfully and maliciously inflicting upon any other person, 
 either with or without a weapon or instrument, any grievous 
 bodily harm, or by unlawfully and maliciously wounding any 
 other person; or 
 
 (c) With having committed an assault upon any female Assault on a 
 whomsoever, or upon any male child whose age does not in the 
 opinion of the judge exceed fourteen years ; and when such 
 
 assault if upon a female does not in his opiniion amount to an 
 assault with intent "to commit a rape; or— 
 
 (d) With having escaped from lawful custody or committed ^'stodV^°°^ 
 prison breach, or assaulted, obstructed, molested or hindered 
 
 anv judge, justice of the peace, commissioned officer of police, 
 constable, bailiff or other peace officer, or officer of customs 
 or excise or other officer in the lawful performance of 
 his duty or with intent to prevent the performance thereof ; 
 
 (2) The charge shall be tried in a summary way and with- 
 out the intervention of a jury. 60-61 V., c. 28, s. 14. 
 
127s 
 
 XOETH-WEST TEEEITOEIES ACT 
 
 Trial by jury 67. When the person is charged with any other criminal 
 (Offence the same shall be tried, heard and determiiied by the 
 judge with the intervention of a jury of six; but in any such 
 case the accused may with his own consent be tried by a judge 
 in a summary way and without the intervention of a jury. 
 54-55 v., c. 22, s: 9. 
 
 On trial for 
 one oiFence, 
 conviction 
 may be for 
 another 
 
 R.S.C., u. 174 
 
 68. }Y]iciiever upon a trial before a judge in a summary 
 ivay, under either section sixty-six or section sixty-seven of this 
 Act such judge is not satisfied that tlie accused is guilty of the 
 offence ivith which he stands charged, but the circumstances 
 are such that upon a trial before a jury under The Criminal 
 Procedure Act for (he lll-c offence, the jury might find the 
 accused guilty of some other offence, the judge shall have the 
 same power as to findings as a jury would have in £he like 
 circumstance's under the said last mentioned Act and may con- 
 vict the accused of surli otJier offence. notwUhstandinq thnf 
 such offence is one for ivhich under section sixty-seven afore- 
 said, the accused could not ivithout his oivn consent have been 
 tried in a summary ivay ; and the person so convicted shall be 
 liable to the punishment by the said last mentioned Act or 
 otherwise by^ lav prescribed for the offence of ivhich he is so 
 found guilty. 5i-55 V^, c. 22, s. 10. 
 
 Notes of 
 evidence 
 
 Defence by 
 council 
 
 69. The judge shall upon every such trial take or cause to 
 be taken down in writing full notes of the evidence and other 
 proceedings thereat; and all persons tried as aforesaid shall 
 be admitted after the close of the case for the prosecution to 
 make full answer and defence by counsel, attorney or agent. 
 
 Sentence of 
 death to be 
 reported 
 
 Stay of 
 execution 
 
 TO. When any person is convicted of a capital offence and 
 is sentenced ti> death the judge shall forward to the IMiiiister 
 of Justice full notes of the evidence with his report upon the 
 case ; and the execution shall be postponed from time to time 
 by the judge if found necessary until such report is received 
 and the pleasure of the Governor Grcneral thereon is communi" 
 cated to the Lieutenant Governor. 
 
 Pummoning 71. Persons required as jurors for a trial shall be sum- 
 
 ^"'° ** moned by a judge from among such male persons as he thinks 
 
 suitable in that behalf; and the jury required on such trial 
 
 shall be called from among the persons so summoned as such 
 
 jurors and shall be sworn by the judge who presides at the 
 
 Governor in (2) The Govcmor in Council may ai any time by proclama- 
 repeaithis tion declare that this section shall be repealed from and after 
 proclamation the date named in such proclamation. 5Y-58 V., c. 17, s, 8. 
 
NOETH-WEST TEEEITOEIES ACT 12Y9 
 
 12. Any one arraigned for treason or an offence punishable Peremptory 
 ivitti death or an offence for whtcli he may he sentenced iohy accused 
 imprisonment for more than five years iiunj challenge peremp- 
 torily and u-ithout cause any number of jurors not exceeding 
 six; and every peremptory challenge beyond that number shall 
 be void. 
 
 (2) The Crown may peremptorily challenge any nnmher of By the Crown 
 jm-ors not exceeding four. 
 
 ( 3 ) Challenges for cause shall be the same as are provided challenges 
 for under "The Act respecting procedure in criminal cases." 
 
 57-58 v., c. IT, s. 9. 
 
 73. If by reason of challenges or otherwise the nmnber of if the list of 
 jurors summoned for the trial is exhausted the judge shall hau'si^ed "'^ 
 direct some constable or iither person to smumon by M'ord of 
 mouth from among the bystanders or from the neighbourhood 
 
 such number of persons as are necessary to make up a jury,- — Tales 
 the persons so summoned being subject to challenge as those 
 summoned by the judge in the first instance ; and the like pro- 
 ceeding shall be repeated if necessary until a jury is obtained 
 competent to try the case ; and any person summoned as hereby ^"ine for non- 
 
 - 1 1 ■ T T 1 I- ^ f attendance 
 
 provided to serve as a ]uror who makes delault or refuses to 
 serve as sxich juror without lawful excuse to the satisfaction of 
 the judge may be fined by him a sum not exceeding ten dollars 
 and committed to prison until such fine is paid. 
 
 74. Any ijerson duly summoned whether on behalf of the witness faii- 
 
 '' ■■- •^ . . ., ins to attend 
 
 prisoner or asainst him to attend and give evidence on any suiity of 
 
 '- ° ^ ■ 1 r 1 contempt 
 
 such trial shall be bound to attend on the day appointed for the 
 same and shall remain in attendance throughout the whole 
 trial; and if he fails so to attend he shall be deemed guilty of 
 CDutempt of court and may be proceeded against therefor. 
 
 7.'}. Upon proof to the satisfaction of the judge of the sum- 
 moning of any witness who fails to attend and upon such judge in such case 
 being satisfied that the presence of such witness before him is 
 indispensable to the ends of justice, he may by his warrant 
 cause the said witness to he apprehended and forthwith brought 
 before him to give evidence and to answer for his contempt; 
 and such witness may be detained on such Avarrant with a view 
 to secure his presence as a witness or may be released on 
 recognizance with or without sureties conditioned for his 
 appearance to give evidence as therein meutioned and topjneandim- 
 answer for his contempt ; or the judge may in a summary p"™"""*^"' 
 manner examine and dispose of the charge of contempt against 
 
12S0 
 
 NOETH-WEST TEEEITORIES ACT 
 
 the said witness, who if found guilty thereof may be fined or 
 imprisoned or both, — such fine not to exceed one hundred 
 dollars, and such imprisonment to be with or without harfd 
 labour and not to exceed the term of ninety days. 
 
 Returns to 
 Lieutenant 
 Governor 
 
 '76. Eeturns pt all trials and proceedings civil and criminal 
 shall be made to the Lieutenant Governor in such form and at 
 such times as he directs. 
 
 Councii°mi°y '^^' '^'^® Governor in Council may from time to time by 
 tore^inoiu-^ proclamation declare that the ten sections next preceding or 
 cilmatio™' ^^Vf 0^ them shall be repealed from and after the date named 
 in such proclamation. 
 
 Where con- 
 vict may be 
 imprisoned 
 
 Conveyance 
 of prisoners 
 
 Duties and 
 powers of 
 warden 
 
 78. If imprisonment for any term not less than two years 
 is awarded in any case the convict may be ordered to be impri- 
 soned in any gaol or penitentiary in the Territories or to be 
 conveyed to the penitentiary in the province of Manitoba on 
 the warrant of the judge ; and whenever any convict or accused 
 person is ordered to be conveyed to the penitentiary in Mani- 
 toba any constable or other person in whose charge he is to be 
 so conveyed may hold and convey him or retake him in case of 
 an escape; and the warden of the penitentiary in Manitoba 
 may detain and deal with him in the said province as if such 
 penitentiary was within the Territories or as if the said con- 
 vict or accused person had been ordered to be conveyed to sxich 
 penitentiary by some competent court or authority in the said 
 province. 
 
 may*be"^'iacod '''^' -^ f ^^ ^^ i'mpossihle Of w Convenient in the absence or 
 N wm"^^°^ I'P'inoteness of any gaol or other place of confinement to carry 
 Police Q^j^ ^^y sentence of imprisonment any judge or justice of the 
 
 peace may sentence any person convicted hefore him of an 
 offence other than the hreach of a municipal hylaiu to he placed 
 and Tcept in the custody of the North-West Mounted Police 
 force with or without hard labour: and any police guard- 
 house or guard-room in tfte Territories shall he a penitentiary, 
 gaol, or place of confinement for all purposes except the con- 
 finement of any person sentenced to imprisonment for hreach 
 of a municipal bylaw. Bu.t if any municipality makes arrange- 
 ments with the. commissioner of the North-West Mounted 
 Police for the maintenance of persons convicted of a hreach of 
 any lylaw of such municipality during the period of their sen- 
 tence the provisions of this section shall the*reafter apply to 
 such persons in lihe manner as to other offenders. 54-55 V. 
 o. 22. s. 13. 
 
NOUTII-WEST TEEiaTOEIES ACT 1281 
 
 80. The Governor in Council may from time to time direct what may be 
 that any building or buildings or any part thereof or any 
 enclosure or enclosures in any part or parts of the Territories 
 
 shall be a gaol or lock-up for the confinement of prisoners 
 charged with the commission of any offence or sentenced to 
 any punishment or confinement therein; and confinement 
 therein shall thereupon he held lawful and valid whether such 
 prisoners are being detained for trial or are under sentence of 
 imprisonment in a penitentiary, gaol or other place of confine- 
 ment; and the Governor in Council may at any time direct that 
 any building or any part thereof or any enclosure shall cease to 
 be a gaol or loch-up and thereupon such building or part 
 thereof or such enclosure shall cease to he a gaol or lock-up. 
 
 (2) The Governor in Council shall Jiare power to makeG».°'^Aiiiox- 
 
 7 7 1 I • !• -7 pline 
 
 ruLes and regiUatmns for the mnnageinenf. discipline and policy 
 of such gaols or loclc-nps and for fixing and prescribing the 
 duties and conduct of the gaoler and erery other officer or 
 servant employed therein and for the diet, bedding, mainten- 
 ance, employment, classification, instruction, discipline, correc- 
 tion, punishjnent and reward of persons confined therein and to 
 annul, alter and amend the same from time to time : and all 
 gaolers,- officers, prisoners and other persons shall be bound to 
 obey such rules and regulations. 
 
 (3) The Governor in Council shall tlso have power from Ij^po'n whidi 
 time to time to prescribe the terms and conditions upon ivhich^^^""^''^^'' 
 persons convicted or accused of any offence under any Ordin- 
 ance of the North-West Territories or any municipal bylaw or 
 regulation or sentenced to confinement under any such Ordin- 
 ance, bylaw or regulation or arrested under any civil process, 
 
 shall he received and kept in any gaol or lock-up created under 
 the authority of this section; and he mail from time to time 
 specify what gaols and lock-ups shall be available for the 
 confinement of such persons. 54-55 Y., c. 22 ,s. 14. 
 
 81. In all cases in the Territories when proceedings before Limitation of 
 
 ^ ° uiiie for 
 
 justices of the peace are authorised to be summary, and when proceedings 
 
 no time is specially limited for making any complaint or laying 
 
 any information in the Act or law relating to the particular 
 
 case, the^ complaint shall be made and the information shall be 
 
 laid within twelve months from the time when the matter of 
 
 the complaint or information arose. 
 
 COKONEKS AND INQUESTS. 
 
 82. The Indian commissioner for the Territories, the who ahaii be 
 
 corojjcrs 
 
 judges of the suprcnic court, the commissioner and assistant 
 
1282 
 
 NORTH-WEST TEEEITOEIES ACT 
 
 commissioner of the North-West Mounted Police and such 
 other persons as the Lieutenant Governor from time to- time 
 appoints shall be coroners in and for the Territories. 
 
 ^esu maybe ^^- Except as hereinafter provided no inquest shall be held 
 ^^^^ upon the body of any deceased person by any coroner unless it 
 
 has been made to appear to such coroner that there is reason 
 to believe that the deceased died from violence or unfair 
 means or by culpable or negligent conduct either of himself 
 or of others under such circumstances as require investigation 
 and not through mere accident or mischance. 
 
 Deceased 84. Upon the death of any prisoner the gaoler or officer in 
 
 prisoners ^ . . . . 
 
 charge of the gaol wherein such prisoner dies shall immediately 
 ' give notice to the nearest resident coroner and such coroner 
 shall proceed forthwith to hold an inquest upon the body. 
 
 jir™''^''°' ^^' ^^ sli^^^ ^"^t ^6 necessary in any case that a coroner's 
 
 jury shall exceed six persons but in every case of an inquest 
 six jurors must agree in order to rendesr the verdict valid. 
 
 cOToners"* 86. Coroners shall -have the same powers to summon wit- 
 
 nesses and to punish them for disobeying a summons to appear 
 or for refusing to be sworn or to give evidence as are enjoyed 
 }>Y justices of the peace. 
 
 ^^^^ 87. The fees of coroners, jurors and witnesses attending 
 
 criminal trials and inquests may be fixed from time to time 
 by the Governor in Council and paid in such manner as; he 
 directs. 
 
 APMIJSriSTEATIOlSr 01? CIVIL JUSTICE. 
 
 Civicjurisdic- 
 tion of judge 
 
 Trial by jury 
 in certain 
 oases 
 
 88. Every judge of the supreme court shall have jurisdic- 
 tion, power and authority to hold courts, whether established 
 by Ordinance of the Legislative Assembly or not, at such times 
 and places as he thinks proper and at such courts as sole judge 
 to hear all claims, disputes and demands whatsoever except as 
 herein provided which are brought before him and to detei-- 
 mine any questions arising thereout as well of fact as of law in 
 a summary manner; and such courts shall be open public 
 courts. 
 
 (2) Provided that in cases where the claim, dispute or 
 demand arises out of a tort, wrong or grievance' and in which 
 the amount claimed exceeds five himdred dollars or if for a 
 debt or on a contract in which the amount claimed exceeds one 
 
NORTH-WEST TEERITOEIES ACT 1283 
 
 thousand dollars or for the recovery of the possession of real 
 property if either party demands a jury or in any such case in 
 which the judge thinks fit so to direct, he may direct that all 
 questions of fact therein shall be tried and determined by a 
 sworn jury of six in number summoned in the manner herein- 
 before provided as to criminal trials. 
 
 (3) Provided further that in cases of disputed accounts the Reference ot 
 judge may in place of a trial by jury direct the evidence to be accounts 
 taken by the clerk of any court or by any other competent 
 
 person ; which clerk or other person shall be sworn to take the 
 same truly and to reduce it to writing. 
 
 (4) The judge may give judgment on the verdict of the jury Judgment 
 or upon the evidence taken by the clerk, or other person as 
 aforesaid or may order a new trial when justice seems tr> 
 require the same ; and in all cases a judge may give such judg- 
 ment and make such orders and decrees, interlociitory and final, 
 
 a'j in such cases brought before him appear just and agreeable 
 
 to equity and good conscience; but no court or judge in the." 
 
 Territories shall have jxirisdiction in respect of any action for 
 
 a gambling debt or for the price of any intoxicating liquor or 
 
 intoxicant, or of any action by any person on any promissory 
 
 note, bill of exchange, cheque, draft or other document or No action for 
 
 writing whatsoever the consideration or any part of the con-debtsor 
 
 sideration for which was a gambling debt or any intoxicating 
 
 liquor or intoxicant. 60-61 V., c. 28, s. 15. 
 
 89. Every judgment of the judge shall be pronounced '•^ fjo^^'Yven' 
 open court as soon as may be after tho, hearing of the case; 
 except that in any case where the judge is not prepared to 
 pronounce judgment at the close of the trial he may postpone 
 judgment and deliver and enter the same subsequently and 
 
 such judgment shall be as effectual as if rendered in court at 
 the trial, 
 
 90. The proceedings to carry into effect any such judgment, f^^^^^^'^ "' 
 order or decree, whether interlocutory or final, shall be as pre- 
 scribed by any Ordinance of the Legislative Assemhly or if 
 
 no such Ordinance is in force when any such judgment, order 
 or decree is rendered then in such manner as the judge who 
 pronounced the same directs. 60-61 V., c. "28, s. 16. 
 
 91. The Governor in Council may from time to time %g°J,?eTmay 
 prodamation declare that the three .sections next preceding. org^fPfi^f^f <"•« 
 any of them, or any portion or portions of the said sect ions ^''''^'^'^^^'°" 
 or of any of them, shall he repealed from and after the date 
 
 mmed in such proclamation, 5T-58 V., c. lY, s. 10. 
 
1284 
 
 NORTH-WEST TEEBITOEIES ACT 
 
 PEOHIBITIOIT OF INTOXICANTS. 
 
 not'tobe"'^ 93. ISTo intoxicating liquor or intoxicant shall be manu- 
 So"wUho"ut''' f actiired, compounded or made in the Territories except by 
 permission gpgcial permission of the Governor in Council ; nor shall any 
 intoxicating liquors or intoxicants be imported or brought into 
 the Territories from any p;rovince of Canada or elsewhere or 
 be sold, exchanged, traded or bartered or had in possession 
 therein, except by special permission in writing of the Lieu- 
 tenant Governor. 
 
 (2) Intoxicating liquor or intoxicants imported or brought 
 from any place out of Canada into the Territories by special 
 permission in writing of the Lieutenant Governor shall be 
 subject to the customs and excise laws of Canada. 
 
 Customs and 
 exise laws to 
 apply 
 
 Return of 
 permissions 
 
 93. The Lieutenant Governor shall make an annual return 
 up to the thirty-first day of December in each year, of the 
 number of such permissions so given by him and the quantity 
 and nature of the intoxicating liquors and intoxicants in each 
 case to the minister of the interior who shall lay the same 
 before Parliament. 
 
 Forfeiture of 
 intoxicant 
 
 Search war- 
 rant may be 
 granted 
 
 Still, ma- 
 chinery and 
 receptacle 
 may be 
 seized 
 
 94. If any such intoxicating liquor or intoxicants is manu- 
 factured or made in the Territories or is imported or brought 
 into the Territories or is sold, exchanged, traded or bartered 
 in violation of the provisions of this Act such liquor or intoxi- 
 cant shall be forfeited and may be seized by any officer of the 
 customs or excise or by any constable or other duly qualified 
 person wheresoever found ; and any judge of the supreme court 
 or justice of the peace, on complaint made before him, may, 
 on the evidence of one credible witness that the provisions of 
 thi« Act have been violated in respect thereof order such 
 intoxicating liquor or intoxicant so seized to be forthwith 
 destroyed ; or if such liquor or intoxicant has not been seized 
 such judge or justice of the peace on complaint as aforesaid 
 may issue a search warrant, as in cases of stolen goods, and 
 upon the same being found, may cause them to be forthwith 
 destroyed ; and the still, machinery, keg, barrel, case, box, pack- 
 age or receptacle whence or in which any intoxicating liquor or 
 intoxicant has been manufactured, imported or made, sold, 
 exchan9:ed, traded or bartered and as well that in which the 
 original supply was contained as the vessel wherein any portion 
 of such original supply was supplied as aforesaid and the 
 remainder of the contents thereof if such still, machinery, 
 barrel, keg, case, box, package, receptacle or yessel aforesaid, 
 respectively, can be identified may be seized by any officer 
 
Worth-west tekkitoeies act 1285 
 
 of Uie customs or excise or by any constable or other duly And forfeited 
 qualified person wheresoever found within the Territories; 
 and any judge of the supreme court or justice of the peace may 
 on complaint before him and on the evidence of one credible 
 witness that the provisions of this Act have been violated in 
 respect thereof declare such intoxicating liquor or intoxicant, Penalty and 
 still, machinery, vessel or receptacle forfeited and cause the thereof 
 same to be forthwith destroyed; and the person in whose 
 possession any of them are found shall incur a penalty not 
 exceeding $200 and not less than $50 with costs; and a moiety 
 of such penalty shall belong to the 'person laying the informa'- 
 tion and the other moiety thereof shall belong to her Majesty 
 for the public uses of Canada. 
 
 (2) Every vehicle on which any such intoxicating liquor or 
 intoxicant is imported or conveyed into or through or over 
 any portion of the Territories contrary fo the provisions of 
 this Act shall, together with the horses or other cattle employed 
 in drawing any such vehicle a/s aforesaid, be forfeited to her 
 Majesty and may be seized and dealt with accordingly. 51 V., 
 c. 19, s. 18,"'and, 54-55 V., c. 22, s. 15. 
 
 95. Every person who without special permission as a/ore- Penalty for 
 said issued to him manufactures, makes, compounds, imports, turinp 
 sells, exchanges, trades or barters any intoxicating liquor or liquors, etc , 
 intoxicant or in whose possession or on whose premises any permission 
 intoxicating liquor or intoxicant of any hind is without such 
 special permission issued to him, shall incur a penalty not 
 exceeding $200 and not less than $50, a moiety of which 
 penalty shall belong to the person laying the information. 
 
 54-55 v., c. 22, s. 16. 
 
 96. Every person who knowingly has in his possession any f|°?|'^y/°ti- 
 article, chattel, commodity or thing purchased, acquired, ^^^^'^i^'j^^f; 
 exchanged, traded or bartered, either wholly or in part for ^^H^^^^^ 
 any intoxicating liquor or intoxicant shall for each offence 
 
 incur a penalty not exceeding $200 and not less than $50, a 
 moiety of which penalty shall belong to the informer. 
 
 97. Every article, chattel, commodity or thing in the Forfeiture ot 
 purchase, acquisition, exchange, trade or barter of which the accessory to 
 consideration, either wholly or in part, is any intoxicating" 
 liquor or intoxicant shall be forfeited to her Majesty and shall 
 
 be seized as hereinbefore provided in respect to any receptacle 
 of any intoxicating liquor or intoxicant. 
 
1286 
 
 NOETI-I-WEST TEKEITOEIES AOT 
 
 Penalty for 
 refusing lo 
 assisit 
 conBtablc 
 
 98. Every 2^erson who refuses or neglects to aid any 
 cojistable, siilx-oustable or -other-duly authorised person in the 
 executioji of any act or duty required under any of the six 
 sections next preceding or who knowingly refuses to give 
 information or gives false information in respect to any matter 
 arising therefrom - shall incur a penalty not exceeding $200 
 and not less than $50, a moiety of which penalty shall belong 
 to the informer. 
 
 pelmitfes^ °' ^^" Every penalty incurred under any of the seven sections 
 next preceding shall be recoverable with costs on summary 
 conviction on the evidence of one credible witness before any 
 judge of the supreme court or justice of the peace, who shall 
 on payment of such penalty and costs pay the informer his 
 share thereof; and- in case of nonpayment of the penalty and 
 costs immediately after conviction the convicting judge or 
 justice of the peace may in his discretion levy the same by 
 distress and sale or may commit the person who is so convicted 
 Penalty for a and makes default to any common gaol or house, of correction 
 offence" " or lock-up house for a term not exceeding six months with or 
 without hard labour unless the said penalty and costs are 
 sooner paid; and upon conviction for a subsequent offence, 
 the offender shall be liable to a penalty not exceeding $400, 
 and not less than $200, payable and recoverable as in this 
 section provided and in the discretion of the convicting judge 
 or justice of the peace to imprisonment with or without hard 
 labour in any common gaol or house of correction or lock-up 
 hoiise for a further term not exceeding six months. 
 
 Conviction, 
 etc., not in 
 
 100. j^o seizure, prosecution, conviction or coramitment 
 offol-m'^ ™*"' ii^i^isr this Act shall be invalid for want of form so long as 
 the same is according to the true intent and meaning of this 
 Act. 
 
 saeE of aems awd ammunition. 
 
 Interpretation 
 
 "Improved 
 arm 
 
 "Ammuni- 
 tion" 
 
 Supplying 
 arms and 
 ammunition 
 without a 
 permit ;— 
 
 101. In this section : 
 
 (a) The expression "improved arm" means and includes 
 all arms except smooth bore shot guns; 
 
 (&) The expression "ammunition" means fixed ammuni- 
 tion or ball cartridge. 
 
 (2) Every person who in the Territories: 
 
 (a) Without the permission in writing (the proof of 
 which shall be on him) of the Lieutenant Governor 
 or of a commissioner appointed by him to give such 
 
WOKTH-WBST TEREITOEIES ACT 1287 
 
 permission has 'in his possession or sells, exchanges, 
 trades, barters or gives to or with any person any 
 improved arm or ammunition; or 
 
 (b) Having such permission sells, exchanges, trades, Or to 
 
 1 . , . . unauthorised 
 
 Darters or gives any such arm or ammunition to persons; 
 any person not lawfully authorised to possess the 
 same; 
 
 shall on summary conviction before a iude-e of the supreme To be o/en- 
 
 •■ ° J^ ces, and how 
 
 court or two justices of the peace be liable to a penalty not pi^'shabie 
 exceeding $200 or to imprisonment for any term not exceeding 
 six months or to both. 
 
 (3) All arms or ammunition which are in the possession of search for 
 any person, or which are sold, exchanged, traded, bartered or ofarm's^and 
 given to or with any person in violation of this section shall sS'doontrary 
 be forfeited to the crown and may be seized by any constable ° 
 
 or other peace officer; and any judge of the supreme court ov 
 justice of the peace may issue a search warrant to search for 
 and seize the' same, as in the case of stolen goods. 
 
 (4) The Governor in Council may from time to time make Regulations 
 
 ^ by Governor 
 
 regulations respecting : _ in council 
 
 (a) The granting of permission to sell, exchange, trade, Permits for 
 
 J ^ , firms, etc. 
 
 barter, give or possess arms or ammunition; 
 (&) The fees to be taken in respect thereof; Fees 
 
 (c) The returns to be made respecting permissions Returns 
 granted; and 
 
 (d) The disposition to be made of forfeited arms and Disposition 
 ammunition. 
 
 (5) The provisions of this section respecting the possession Proviso 
 of arms and ammunition shall not apply to any officer or man 
 
 of her Majesty's forces, of the militia force, or of the JSTorth- 
 West Mounted Police force. 
 
 (6) The Governor in Council may from time to time declare Section may 
 
 ^ ■" 1^ 1 1 • T ^^ proclaimed 
 
 by proclamation that upon and after a day therein named m force aj;-^ 
 this section shall be in force in the Territories or in any place n.w^t. 
 or places therein in such proclamation designated; and upon 
 and after such day but not before the provisions of this section 
 shall take effect and be in force accordingly. 
 
 (T) The Governor in Council may in like manner from And proda-^ 
 time to time declare this section to be no longer in force in any ^e revoked 
 such place or places and may again from time to time declare 
 it to be in force therein. 
 
1288 
 
 NOETH-WKST TEEEITOEIES ACt 
 
 To be judici- 
 ally noticed 
 
 l& 
 
 ) All courts, judges and justices 'of the peace shall take 
 
 judicial notice of any such proclamation. 
 
 Court of 
 Appeal from 
 justices of 
 the peace 
 
 APPEALS FEOM JUSTICES OF THE PEACE. 
 
 103. The court of appeal from convictions and orders of 
 justices of the peace in the Territories shall be a judge of the 
 sripieme court sitting without a jury; and the derk of the 
 peace or other proper officer mentioned in the "Ad respecting 
 summary proceedings hefore justices of the peace," shall in the 
 Territories mean the clerk of the supreme court of the judicial 
 district within which such conviction takes place or such order 
 is made. 
 
 LUNATICS. 
 
 Removal of 
 lunatics in 
 custody, by 
 order of Lt. 
 Governor 
 
 Removal of 
 lunatics con- 
 fined before 
 date specified 
 
 103. Whenever under any law or Ordinance in force in 
 the Territories any insane person is kept in custody until the 
 pleasure of the Lieutenant Governor is known or until such 
 person is discharged by law the Lieutenant Governor may 
 cause such person to be removed to and coniined in any asylum 
 or i-iace of confinement from time to time designated. lor that 
 purpose by the Governor in Council and the superintendent or 
 warden of such asylum or place of confinement shall receive 
 such person and detain him therein until the pleasure of the 
 Lieutenant Governor is known or until such person is dis- 
 changed by law. 
 
 (2) The Lieutenant Governor of the province of Manitoba 
 may cause any insane person who came from the Territories 
 and who was confined in a temporary lunatic asylum on the 
 twentieth day of July, one thousand eight hundred and eighty- 
 five, to be removed to the Manitoba lunatic asylum; and the 
 superintendent of the said asylum or the superintendent of 
 such temporary lunatic asylum as the case may be shall detain 
 every such person committed to his keeping until the pleasure 
 of the Lieutenant Governor is known or until such person is 
 discharged by law. 
 
 Recapture of 104. If any insane person confined in such asylum or place 
 escaping from of confinement under this Act escapes therefrom any of the 
 
 confinement ^ ^ 
 
 officers or servants thereof or any other person or persons at 
 the request of such officers or servants or any of them may 
 within forty-eight hours after such escape if no warrant has 
 been issued and within one month after such escape if a war- 
 rant in the form in the schedule to this Act has been issued by 
 
NOETII-WEST TEEEITORIES ACT 1289 
 
 ihe superintendent or warden of such asylum or place of con- 
 finement in that behalf retake such escaped person and return 
 him thereto ; and he shall remain in custody therein imder the 
 authority by virtue of which he was detained prior to such 
 escape. 
 
 105, The minister of the interior may subject to the Manitoba lo 
 .approval of the Governor in Council make such arrangements fled for care 
 
 . , , _ . '^ or lunatics 
 
 With the Lieutenant Governor of Manitoba as seem reasonable from n.w.t. 
 ns tc the compensation to be made by Canada to that province 
 for the care and maintenance of persons detained in the Mani- 
 toba lunatic asylum or in such temporary asylum as aforesaid. 
 
 SALAi;iES OE OEEICEKS. 
 
 106. There shall be payable ,out of the consolidated Salaries of 
 
 ^ -^ ottlcers 
 
 revenue fund of Canada the following sum annually, that is 
 to say : 
 
 To the Lieviteuant Governor, not exceeding ^'^j^OO T^^^eiiing^ 
 
 Together with such sums of niioney as are friin time to time 
 fixed by the Governor in Council in respect of travelling 
 allowances. 51 V., c. 19, s. 17. 
 
 nOAD ALLOWAA'CES. 
 
 107. All road allowances in townships now or hereafter Control ot 
 
 . roart 
 
 surveyed and subdivided in the Territories and all rOad allow- allowances 
 ances set out on hloch lines now or hereafter surveyed in the 
 Territories, the flans of survey whereof have been duly 
 approved^ shall he subject to the direction, management and 
 control of the Lieutenant Governor in Council for the public 
 use of the Territories subject to any Ordinance made or to be 
 Tnade with respect thereto. 60-61 V., c. 28, s. 18. 
 
 1 08. On the minister of the interior receivinq notice from Survey and 
 
 . transfer of 
 
 the Lieutenant Governor in Council of any particular thorough- certain roads 
 fare or public travelled road or trail in the Territories which 
 existed as such prior to the subdivision of the land into sections 
 and which it is desired to have transferred to the Territories, 
 the Governor in Council may pass an order auUioriMng the 
 survey of such road or trail by a Dominion land surveyor, 
 such survey to be made under instructions from the Lieutenant 
 Governor in accordance with a manual of instructions regard- 
 ing the manner of making such surveys approved by the 
 
1290 
 
 ^'ORTJI-WEST TEEKITOllIES ACT 
 
 surveyor general of Dominion lands; and upon approval of the 
 reitims of such survey hy Ihe surveyor general one copy tiiereof 
 shall he filed in ihe department of the interior and one in the 
 land titles office for ili& district ivithin which such road or trail 
 is situated and such road or trail 7nay then he transferred hy 
 ihe Governor In Council for ihe use of ihe Territories, subject 
 to any rights which may have heen acquired under letters 
 patent issued previous to such transfer. 
 
 (2) The ividth of such road or trail shall he one chain or 
 sixty-six feet J and in malcing ihe survey the surveyor shall 
 r,;ake such changes in ihe location of ihe road or trail as he 
 finds necessary for improving it, luithout however altering its 
 main direction. 00-61 V., c. 28, s. 19. 
 
 GENERAL PROVISIONS. 
 
 Provision 
 when there 
 are no such 
 officers as are 
 designated in 
 Act of Parlia- 
 ment 
 
 109. "Whenever in any Act of the Parliament of Canada in 
 force in the Territories any officer is designated for carrying 
 on any duty therein mentioned and there is no such officer in 
 the Territories the Lieutenant Governor in Cociucil may order 
 l>y what other person, or officer such duty shall be performed^^ 
 and anything done by such person or officer under such order 
 shall be valid and lawful in the premises; or if it is in. any 
 such Act ordered that any document or thing shall be trans' 
 mitted to any officer, court, territorial division or place and 
 there is then in the Territories no such officer, court or terri- 
 torial division or place, the Lieutenant Governor in Council 
 may order to what officer, court or place such transmission 
 shall be made or may dispense with the transmission thereof. 
 
 English and 
 
 French 
 
 languages 
 
 Proviso ; 
 proceedings 
 in Assembly 
 
 110. Either ihe English or ihe French language may he 
 used hy any person in the debates of ihe Legislative Assembly 
 of the Territories and in the proceedings before ihe courts; and 
 both those languages shall be used in the records and journals 
 of such Assembly; and all Ordinances made under this .'ict 
 shall he printed in both those languages : 
 
 Provided however thai after ihe next general election of ihe 
 Legislative Assembly such Assembly may by Ordinance or 
 otherwise regulate its proceedings and th.e v\anner of recording 
 and publisliing ilie same; and the regulations. so made shall be 
 embodied in a proclamation ivliich shall he forthwith made 
 and published by ihe Lieutenant Governor in conformity with 
 the law and thereafter shall have full force and effect. 54-55' 
 v., c. 22, s. 18. 
 
NOETII-WEST TEEEITOKIES ACT 1:21)1 
 
 111. Any copy of any proclamation or order made by "the Cer'^^^n ^^^.^^ 
 Governor in Council or Ordinance, proclamation or order ^^ {jy^l^f^'^-^.^ 
 made by the Lieutenant Governor in Council or by the Lieu- 
 tenant Governor by and with the ad-vice and consent of the 
 Legislative Assembly of the NorthAYest Territories as the 
 ease may be printed in the Canada Gazette or purporting to be 
 printed by the Queen's printer for Canada or by the printer 
 to the government of Manitoba at 'Winnipeg or by the printer 
 to the government of the North-West Territories shall be 
 prima facie evidence of such proclamation, or order and of the 
 fact that it is in force. 
 
 APPLICATION OF ACTS TO TEEIIITOEIES. 
 
 113. Every Act of tbe Parliament of Canaua except in so^t^^^^^^r 
 far as otherwise provided in any such Act and except in so far '^*"'*'^* 
 as the same is by its terms applicable only to one or more of 
 the provinces of Canada |0r in so far as any such Act is for any 
 reason inapplicable to the Territories shall subject to the pro- 
 visions of this Act apply and be in force in the Territories. 
 
 (2) The Governor in Council may by proclamation f I'om coiTncii°mk" 
 time to time direct that any Act of the Parliament of Canada ^^'^^'^'^^'"^^ 
 or any part or parts thereof or any one or more of the sections Territories 
 of any one or more of any such Acts not then in force in the 
 Territories shall be in force in the Territories generally or in 
 any part or parts thereof mentioned in such proclamation. 
 
 SCHEDULE. 
 
 . Wakkant to Ketake Escaped Patient. 
 
 Manitoba Lunatic Asylum (or as the case may he). 
 •Jq and all or any of 
 
 the peace officers in the County (or as the ca&e may he) of 
 
 Whereas, on the day oi last 
 
 past, being within one month from the date hereof, A.B., an 
 insane person confined in the Manitoba Lunatic Asylum (or 
 as the case may he), of which I, am 
 
 superintendent (or warden), did escape from the said asylum 
 (or as the case may he) : 
 
 These are therefore to authorise and command you or any 
 of vou the said ponstables or peace officers, in her Majesty's 
 
1292 
 
 NOKTII-WEST TEEEITOEIES ACT 
 
 name, at any time within one month from the date of the said 
 escape to retake the said A.B. and safely convey him to this 
 asylum (or as the case may he) and deliver him into my 
 (iharge. 
 
 Given under my hand and seal this 
 day of in the year 
 
 at , in the county 
 
 aforesaid. 
 
 (Signature.) [L.S.j 
 Superintendent. 
 
 Oath of Qualificatiojs' of a Justice of the Peace foe 
 THE jSToeth-West Teeeitoeies. 
 
 I, A.B.J of in the ISTorth-West Territories, 
 
 do swear that I truly and hona fide have to and for my own 
 proper use and benefit an estate in fee simple in lands situate 
 in the ISJ"orth-West Territories of such value as doth qualify 
 me to act as a justice of the peace according to the true intent 
 and meaning of the statute in that behalf and that such lands 
 are the following: 
 So help me Grod. 
 
 Sworn (or affirmed) before me, ] 
 
 at this [ (Signature.) 
 
 day of A.D. 18 j 
 
 Oath of Office of a Justice of the Peace foe the 
 ISToeth-West Teeeitoeies. 
 
 1,A.B., of in the Korth-AVest Territories, 
 
 do swear that I will well and truly serve our Sovereign Lady 
 (Jueen Victoria in the office of justice of the peace and Avill do 
 right to all manner of people after the laws and usages of these 
 I'erritories, without fear or favour, affection or ill-will. 
 iSi) help me God. 
 
 Sworn (or affirmed) before me, 1. 
 
 at this ;- (Signature.) 
 
 day of A.D. 18 i 
 
 57-58 v., c. 11. 
 
NOETII-WKRT TETJIIITORTES ACT 1211" 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 AMENDMENT. 
 
 An Act to amend the Revised Statutes of Canada, gMay/ils 
 chapter fifty, respecting the North- West Terri- 
 tories. 
 
 [Assented to May 22, 1888.] 
 
 WHEEEAS it is expedient to amend "The iVoriA-Fesf f;Xa,^c%o 
 TT Territories Act" as liereinafter proviaed: Therefore 
 lier Majesty by and with the advice and consent of the Senate 
 and House of Commons of Canada enacts as follows : 
 
 1. Sections seven, eight and ten and sections eighteen to uons''rep|aied 
 twenty-five, both inclusive, of the Act cited in the preamble 
 are hereby repealed. 
 
 3. There shall he a Lecjislative Assembly for the Territories Legislative 
 ivhich shall he composed of twenty-six members elected to 
 represent the electoral districts set forth in the schedule to this 
 
 Act until the said Legislative Assembly otherwise provides. 
 57-58 v., c. 11, s. 15. 
 
 'i; Every Ler/islafive Assembly shall continue for fowr D^^tion of 
 
 .A-Sscinblv 
 
 years from the date of the return of the writs for choosing the 
 same; hut the Lieutenant Governor may at any time dissolve 
 the Assembly and cause a new one to he chosen. 54-55 V., c. 
 22, s. 3, and 57-58 V., c. 17, s. 16. 
 
 4. There shall be a session of the Legislative Assembly con- Limit of time 
 vened by the 'Lieutenant Governor at least once in every year, °'^^®'^^^°" 
 so that twelve months shall not intervene between the last sit- 
 ting of the Assembly in one session and its first sitting in 
 another session; and such Assembly shall sit separately ]rom 
 
 the Lieutenant Governor and shall present Bills passed hy it to Proceedings 
 the Jjieutenant Governor for hts assent, who may approve or 
 reserve the same for the assent of the Governor General. 54- 
 55 v., c. 22, s. 4. 
 
 6. ^\'henever it is necessary to call a new Legislative issue of writs 
 Assembly or whenever a vacancy occurs hy reason of decttth, 
 resignation or otheriuise of an elected member the Lieutenant 
 
\-2:)4: 
 
 ^'Oin'il-WEST TERIilTOllIES ACT 
 
 Rules for 
 elections 
 
 Governor shall cause a writ or writs of election, as the case 
 may be, to he issued by the clerk of the Legislative Assembly 
 in sitch form and addressed to such returning officer or officers 
 as he approves of, until otherwise provided by the Assembly. 
 
 (2) Until the Legislative Assembly otherwise provides, the 
 Lieutenant Governor shall by proclamation prescribe and 
 declare for use at all or any elections rules for : 
 
 (a) Tlie mode of providing voters' lists; 
 
 (b) Tlie oaths to be taken by voters; 
 
 (c) The appointment, powers and duties of returning/ 
 and deputy returning officers, election and poll clerks 
 and their oaths of office; 
 
 (rf) Tlie proceedings to be observed at elections; 
 
 (e) The periods during which such elections may be con- 
 tinued; 
 
 (/) Such otlier provisions ivith respect to such elections 
 a's he thinks fit. .Ji-u5 V., c. 22, s. 5. 
 
 Who may 
 vote 
 
 T. The persons qualified to vote at an election for the 
 Legislative Assembly shall be the male British subjects by 
 birth or naturalisation (other than imenfranchised Indians) 
 who have attained the full age of twenty-one years, who have 
 resided in the ITorth-West Territories for at least the twelve 
 months and in the electoral district for at least the three 
 months respectively immediately preceding the time of voting. 
 
 Who eligible 
 for election 
 
 Deposit at 
 nomination 
 
 How appli d 
 
 8. Any British subject by birth or naturalisation shall be 
 eligible for nomination and election. 
 
 (2) Xo nomination at any election shall be valid and acted 
 upon unless at or before the time of nomination a sum of 
 $100 is deposited in the hands of the returning officer; and 
 the receipt of the returning officer shall in every case be 
 sufficient evidence of the payment herein mentioned. 
 
 (3) The sum so deposited shall be returned to the person by 
 whom the deposit was made in the event of the candidate by 
 or on whose behalf it was so deposited being elected or of his 
 obtaining a number of votes at least equal to one-half the 
 number of ^'otes polled in favour of the candidate elected,' — 
 otherwise it shall belong to her Majesty for the public iises of 
 the Territories and the sum so paid and not returned as herein 
 pi-ovided shall be applied by the returning officer towards the 
 payment of the election expenses and an account thereof shall 
 be rendered by him to the Lieutenant Governor. 
 
NOETIt-WJ'.ST TEKKlTOKJES ACT 1295 
 
 d. Elected members of the Legislative Assembly shall take Oath to be 
 and subscribe before the Lieutenant Governor or before such members 
 person as is designated by the Governor in Council the follow- 
 ing oath of allegiance : 
 
 I, A.B., do swear that I will be faithful and bear true 
 allegiance to her Majesty, her heirs and successors. 
 
 10. I ntil the Legislative Assembly othenvise provides a 
 majority of the memhers shall form a quorum for the trans- 
 action of husiness. 57-58 V., c. 17, s. 13. 
 
 II. The Legislative Assembly on its first assembling after Election of 
 a general election shall proceed with all practicable speed to ^^^'^^^'^ 
 elect one of its elected members to be speaker. 
 
 (2) In case of a vacancy happening in the office of speaker vacancy in 
 by death, resignation or otherwise the Legislative Assembly speaker 
 shall proceed with all practicable speed to elect aiiother of its 
 elected members to be speaker. 
 
 (3) The speaker shall preside at all meetings of the Legisla- Speaker to 
 
 .•All ^ preside 
 
 tive Assembly. 
 
 (4) LTntil the Legislative Assembly otherwise provides, inCaseotab- 
 
 ^ ^ "^ ^ sence pro\'i- 
 
 case of the absence for any reason of the speaker from the "^ed for 
 chair of the Assembly for forty-eight consecutive hours, the 
 Assembly may elect another of its members to act as speaker 
 and the member so elected shall during the continuance of 
 such absence of the speaker have and execute all the powers, 
 privileges and duties of speaker. 
 
 13. Quie&tious arising in the Legislative Assembly shall be Majority to 
 decided by a majority of voices other than that of the speaker 
 
 and when the voices are equal bitf not otherwise the speaker 
 shall have a vote. 
 
 J3_ ********* * * * * * * 
 
 14. The Legislative Assembly shall not adopt or pass any Money votes 
 vote, resolution, address or bill for the appropriation of any comtnended" 
 part of the public revenue or of any tax or impost to any pur- 
 pose that has not been first recommended to the Assembly by 
 message of the Lieutenant Governor in the session in which 
 
 such vote, resolution, address or. bill is proposed. 
 
 15. to 18. * ****** * * * * * * 
 
 19. This Act shall be construed as one Act with the Act construction 
 ]iei-el)v amended. 
 
1296 i\OETII-\VESl' TEKKITOEiES ACT 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 AMEXDMEIN'T. 
 
 lolepCism An Act to amend the Acts respecting the North-West 
 
 Territories. 
 
 [Assented to September 30, 1891.] 
 
 TJER Majesty, by and with the advice and consent of the 
 J--*- Senate and House of t Commons of Canada, enacts as 
 follows : 
 
 Interpretation \^ j^ |.jjjg ^/^ct unless the contcxt Otherwise requires: 
 
 (a) The expression "the Act" or "the said Act" means 
 "The North-West Territories Act," chapter 50 of the Eevised 
 Statutes ; 
 
 (&) The expression "amending Act" means the Act fifty- 
 first Victoria, chapter nineteen, passed to amend the said Act. 
 
 3. to 10. ^f **-*-**«** * * 
 
 Formal charge H- In lieu of indictments and forms of indictments as 
 provided by Tlie Criminal Procedure Act the trial of any 
 person charged with a criminal offence shall be commenced 
 by a formal charge in writing setting forth as in an indictment 
 the offence wherewith he is charged. 
 
 Kepord of^ 13. Every justice of the peace or other magistrate holding 
 
 befor'''^ustice ^ preliminary investigation into any criminal offence which 
 tra^'smuteii ^'^^ ■"^"^^ ^® tried uuder the provisions of The Summary Gon- 
 to court victions Act shall immediately after the conclusion of such 
 
 investigation transmit to the clerk ,of the court lOr the judicial 
 district in which the charge was made all informations, exam- 
 inations, depositions, recognizances, inquisitions and papers 
 connected with such charge and the clerk of the court shall 
 notify the judge thereof. 
 
 Duty of sh( riff (2) Whenever anv person charged is committed to gaol for 
 
 or gaoler ' ■^ . " . " o 
 
 trial thf- sheriff or other person in charge of such gaol shall 
 \\ithiii twenty- four hours notify the judge exercising jurisdic- 
 tion at tlio time in the judicial district, in writing, that such 
 f I'lsoner is so confined, stating his name and the nature of the 
 charge preferred against him; whereupon with as little delay 
 
NOETII-WEST TEEraTORTKS ACT 1297 
 
 ys possible the judge shall cause the prisoner to 
 before him for trial either with or without a jury 
 rooi^ives. 
 
 be brought 
 
 ry as the case 
 
 rccpnres. 
 
 13. to 18. * * 
 
 ■ As to wills : 
 
 li). IsTotwithstanding anything in this Act or the said Act- 
 contained the Legislative Assembly may by Ordinance repeal 
 the provisions of sections twenty-six to forty both inclusive and 
 also in so far as they apply to the Territories comprising the fn^'^xicants 
 several electoral divisions mentioned in the schedule to this 
 Act the provisions of sections ninety-two to 6ne hundred, also 
 both inclusive, of the said Act together with all amendments 
 thereto and may reenact the said provisions or substitute other 
 provisions in lieu thereof. 
 
 30. The schedule to the amending Act is hereby repealed repealed 
 and the following schedule substituted therefor: 
 
 SCHEDULE. 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 A:MEXDirEXT. 
 
 An Act further to amend the Acts respecting ^'i^^^fi^^;ij'';im 
 North-West Territories. 
 
 [Assented to Jidy 2S, 1894.] 
 
 HER Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, declares and 
 enacts as follows : 
 
 1. to 16. * * * ^^ * * * * " * ■■ " " •• 
 
 17. There sJiall he a council to aid and advise in the gov- Executive 
 
 -n ±- /y -1 Council of the 
 
 ernment of the Territories to oe styled the Executive Uouncil Territories 
 of the Territories; and the 'persons who are to he members of 
 that council shall he from time to time chosen and summoned 
 by the Lieutenant Governor and sworn in; and members 
 thereof may he from time to time removed by the Lieutenant 
 Governor. 
 
1298 
 
 NOK'i-'li-\V"ji;MT TfcUldTOUilSS ACr 
 
 Po'.veis 
 
 (2) All poivers, aidhorUies and functions which under any 
 Act of the Parliament of Canada or Ordinance of the Terri- 
 tories are vested in or exercisable hy the Lieutenant Governor 
 u'lth the advice or ivith the advice and consent of the execu- 
 tive committee of the Territories or in -conjunction with that 
 committee shall upon the passing of this Let he vested in and 
 sliall or may he exercised by the Lieutenant Oovernor with the 
 advice or with the advice and consent of or in conjunction with 
 the executive council of the Territories, subject nevertheless 
 to he abolished or altered by competent legisldiive authority. 
 60-61 v., c. 28, s. 8. 
 
 Qualifloation 
 of member of 
 Legislative 
 Assembly 
 
 18. No person holding any office, commission or employ- 
 ment to which an annual salary from the crown, is attached 
 shall be eligible as a member of the Legislative Assembly or 
 shall sit or vote therein during the time he holds such office, 
 commission or employment ; hut nothing herein contained shall 
 render ineligible any member of the executive council of the 
 Territories hy reason of any salary, fee, allowance, emolument 
 or profit of any hind or amount attaching to such membership 
 from being a member of the Assembly or shall disqualify him 
 from sitting or voting therein : 
 
 Provided he is elected while holding such office and is not 
 otherwise disqualified. 60-61 "V., c. 28, s. 9. 
 
 Procedure 19. XJnless otherwise therein specially provided proceed- 
 
 ings for the imposition of punishment by fine, penalty or 
 imprisonment for enforcing any Territorial Ordinance may he 
 brought summarily before a justice of the peace under the 
 provisions of part LVIII of The Criminal Code 1892. 
 
 Jurisdiction 30. For the removal of doubts it is hereby declared that 
 alimony Subject to the provisions of The North-West Territories Act 
 
 the Legislative Assembly has and shall have power to confer on 
 Territorial courts jurisdiction in matters of alimony. 
 
 Ordinance 
 respecting 
 closing of old 
 roads, etc. 
 
 31. The Legislative Assembly may pass Ordinances with 
 respect to the closing up or varying the direction of any road 
 
 alloivance or of any trail which has been transferred to the 
 Territories and the opening and establishing of any new high- 
 way instead of any road or trail so closed and the disposition 
 of I lie land in any such road or trail. 
 
 (2) Any Ordinance heretofore passed with respect to the 
 ah-cady passed ^^laltevs mentioned in this section is hereby declared to have 
 been and to 6c valid. 
 
 Validity of 
 Orditiatices 
 
NOETH-WEST TEKEITOEIKS AOT 1299 
 
 {'6) ISTotwithstauding section six of chapter fifteen of the ^f^'^'Jj'Jj^f ,' °' 
 Statutes of 1892 any action heretofore taken by the Lieutenant '^""^"■''^'^ '"'''' 
 Grovernor in the manner provided in subsection one of this 
 section with respect to roads or trails with the consent of the 
 Governor in Council but without the concurrence of the 
 Assembly of the JSTorth-West Territories is hereby declared to 
 have been and to be valid. 2 Ed. VII, c. 24, s. 1. 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 AMENDMENT. 
 
 31 
 I89S 
 
 An Act further to amend the Acts respecting the ilui^/ig 
 North- West Territories. 
 
 [Assented to July 22, 1895.^ 
 
 TTEIl Majesty, by and with the advice and consent of the 
 -*--*- Senate and House of Commons of Canada, enacts as 
 follows : 
 
 1. and 3. -^ * * * * * * * * * * * * 
 
 3. The Ordinance of the Legislative Assembly of the N'orth- ^o'^'J'^ggf 
 West Territories, JSTo. 6 of the Ordinances of 1894, is hereby™"*'*''^ 
 ratified and confirmed and this ratification and confirmation 
 
 shall have effect as from the date of the passing of the said 
 Ordinance, namely, the seventh day of September, one thou- 
 sand eight hundred and ninety-four. 
 
 4. Until the- Legislative Assembly otherwise provides, ResiKnatjon 
 
 ° . . . "f memner of 
 
 which it may do, an elected member may resign his seat in the Legislature 
 Assembly : 
 
 (a) By giving in his place in the Legislative Assembly 
 notice of his intention so to do ; or 
 
 (&) By addressing and causing to be delivered to the 
 speaker a declaration of his intention so to do, made in writing 
 under his hand and seal before two witnesses, — which declara- 
 tion ma:y be so made and delivered either during a session of 
 the Legislative Assembly or in the interval between two ses- 
 sions; or 
 
 (c) Before the Legislative Assembly of which he has been 
 elected a member has met for the first time or in case of a 
 
1300 NORTH-WEST TEREITOIiJES ACT 
 
 vacancy in the office of speaker or of the absence from the 
 Territories of the speaker after the first meeting of the Legis- 
 lature, by addressing and delivering to the Lieutenant Gover- 
 nor a declaration made and vs^itnessed as aforesaid of his 
 intention to resign his seat: 
 
 Provided that a member shall not resign while his election 
 is lawfully contested or until after the expiration of the time 
 during which it may by law be contested on other grounds 
 than corniption or bribery. 
 
 va^cafes^seat C^) ^he member so tendering his resignation shall be held 
 to have vacated his seat and shall cease to be a member of the 
 Legislative Assembly. 
 
 THE NORTH-WEST TERRITORIES ACT 
 
 AMENDMEIfT. 
 
 29JuIe;?897 -^^ Act further to amend the Acts respecting the 
 
 North-West Territories. 
 
 [Assented to June 29, 1897.1 
 
 TTER Majesty, by and with the advice and consent of the 
 -*--*- Senate and House of Commons of Canada, enacts as 
 
 follows: 
 
 Interpretation 1. In this Act unless the context otherwise requires the 
 expression "the said Act" means Tlie North-West Territories 
 Act, chapter 50 of the Eevised Statutes. 
 
 3. to 30. -^^ *******-**** * 
 
 newToad's ^^' ^'^^^ Lieutenant Governor in Council may cause to be 
 
 surveyed and marked on the ground such roads or trails as are 
 from time to time deemed necessary to aid in the development 
 of any district which cannot be served by existing road allow- 
 ances or by old trails mentioned in the section substituted for 
 section one hundred and eight of the said Act by section nine- 
 teen of this Act. 
 
 (2) Such roads shall be laid out one chain or sixty-six feet 
 in \vidth ; and in making tlio survey the manual of instructions 
 mentioned in the said section shall be followed and one copy of 
 the returns of snch survey shall be filed in the land titles office 
 
NORTH-WEST TEEKITOEIES ACT 
 
 1301 
 
 for the district within which such trail is situated and a 
 second copy in the offices of the North-West government at 
 Regina. ; 
 
 (3) The ejfect of the filing of the returns of survey as in this Lands to 
 section provided whether before or after the coming into force Majesty 
 of this Act shall l>c to rcs-/: the lands shoion on such returns as 
 a road or trail in his Majesty for the public use of the Terri- 
 tories as a highiuay luithout prejudice hoivever to the legal 
 rights of the owner to compensation therefor. 2-3 Ed. VII, c. 
 24, s. 2. 
 
 33. Section six of chapter fifteen of the Statutes of 1892 wf.cio ^ 
 is hereby repealed. 
 
 33. This Act shall come into force on the first day of Octo- Commence- 
 
 ,'., , T • T 1 T T 1 ■ ment of Act 
 
 ber m the year one thousand eight hundred and ninety-seven. 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 A.MENDMENT. 
 
 An Act to amend the North- West Territories Act. ^"*^'^- ^"- " 
 
 40 
 
 24 Oct., 1903 
 
 ^Assented to October 24, 1903.1 
 
 HIS Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts as 
 follows : 
 
 3. Except where a question has been reserved and stated Appeals 
 for the opinion of the supreme court of the North- West Terri- 
 tories as a court of appeal under section 743 of The Crtintnal 
 Code 1892, the judge by or before whom the judgment, order 
 or decision then in question was rendered or made shall not sit 
 as one of the judges composing the -court unless his presence 
 is necessary to compose a quorum. 
 
 (2) 'J'he proviso added to section 50 of the said Act tys^ticmso 
 section 4 of chapter lY of the Statutes of 1894 is repealed. 
 
 3. Notwithstanding anything in The North-West ^'en't- Pj>wer.grren^ 
 tories Act or any Act in amendment thereof, the Legislative Assembly 
 Assembly may by Ordinance repeal. the provisions of sectionsmatters 
 
i;JU:i 
 
 KOUTJI-WEST TEBIUTOIUES ACT 
 
 49, 51, 53, 55, 64, 88, 89 and 90 of the said North-West Ter- 
 ritories Act as amended and reenact the said provisions or 
 substitute other provisions in lieu thereof ; but nothing in this 
 section shall be construed as giving to the Legislative Assem- 
 bly power to pass Ordinances for the constitution, organisa- 
 tion or maintenance of courts of criminal jurisdiction or 
 respecting procedure in criminal matters. 
 
 In certain 
 olhur jiialtcrs 
 
 4. Nothwithstanding anything in The North-West Terri- 
 tories Act or any Act in amendment thereof the Legislative 
 Assembly may by Ordinance repeal the provisions of sections 
 7, 8, 9, 11 and 12 of chapter 19 of the Statutes of 1888 and 
 section 18 of chapter 17 of the Statutes of 1894, as that 
 section is enacted by section 9 of chapter 28 of the Statutes of 
 1807 and re:'n:ict the said provisions or substitute other provi- 
 sions iu lien thereof. 
 
 THE NORTH-WEST TERRITORIES ACT. 
 
 AMENDMENT. 
 
 4-5^Kd. VII. An Act to amend the Act respecting the North-West 
 '"■"■'^••'^"^ Territories. 
 
 [Assented to July 20, 1905.'] 
 
 TTIS Majesty, by and with the advice and consent of the 
 IJ- Senate and House of Commons of Canada, enacts' as 
 follows : 
 
 Short tiiie 1. i^iii's j^ct may be cited as "The North-West Territories 
 
 Amendment Act 1905." 
 
 Dofinition 
 
 3. The expression "the said Act" in this Act shall mean 
 The North-West Territories Act and all amendments thereto. 
 
 Torriforics 
 defined 
 
 3. The ^NTorth-West Territories shall hereafter comprise 
 the territories formerly known as Eupert's Land and the 
 ISTorth- Western Territory except such portions thereof as form 
 the provinces of "Manitoba, Saskatchewan and Alberta, the 
 district of Keewatiu and the Yukon Tei'ritory, together with 
 all British territories and possessions in ISTorth America and 
 all islands adjacent to any such territories or possessions 
 except the colony of Newfoundland and its dependencies. 
 
]SrOETJl-\VEST TEKKITOIUKS ACT 1303 
 
 4. The Governor in Council may appoint for the Terri- Commissioner 
 tones a chief executive officer to be styled and known as' the 
 commissioner of the North-West Territories; and the execu- 
 tive powers vested by the said Act in the Lieutenant Governor 
 
 of the North-AYest Territories or in the Lieutenant Governor 
 m Council shall be exercised by the commissioner; and the 
 commissioner shall administer the government of the Terri- 
 tories under instructions from time to time given by the 
 Governor in Council or the minister of the interior. 
 
 5. The Governor in Council may from time to time coiasti- council 
 tute and appoint such and so many persons not exceeding four 
 
 in number as are deemed desirable to be a council to aid the 
 commissioner in the administration of the Territories; and 
 a majority of the counpil including the commissioner shall 
 form a quorum. 
 
 6. The commissioner in council shall have the same c-dinances w 
 powers to make Ordinances for the government of the Terri- Sfcouncir""' 
 tories as are b.y the said Act vested in the Legislative Assem- 
 bly of the Territories in relation to such subjects heretofore 
 
 within the legislative authority of the said Assembly as arc 
 from time to time designated by the Governor in Council. 
 
 7. A copy of every such Ordinance shall be transmitted to Diaaiiowance 
 the Governor in Council Avithin ten days after the passing °*°'"'^'"^"°^^ 
 thereof and shall be laid before both Houses of Parliament 
 
 as soon as conveniently may be thereafter; and any such 
 Ordinance or any provision thereof may be disallowed by the 
 Governor in Council at any time within two years after its 
 passage. 
 
 8. The supreme court of the ]Sro''th-We&t Territories is Supreme 
 hereby disestablished in the Territories but the Governor in diseetaWished 
 Council may appoint such number of persons as stipendiary 
 magistrates from time to time as may be deemed expedient stipendiary 
 who shall have and exercise the powers, authorities and func- 
 tions by the said Act vested in a judge of the said court: 
 
 Provided' that when any person is convicted of a capital sentence of 
 offence tmd sentenced to death the magistrate shall forward reported 
 to the minister of justice full notes of the evidence with his 
 report upon the case and the execution shall be stayed until 
 such report is received and the pleasure of the Governoi' stay of 
 General thereon is communicated to the commissioner. 
 
1304 
 
 >;oi;Tir-WEST teehitoeies act 
 
 of"^r vin"''P ^* '^^'® Governor in Council may vest in any judge of any 
 
 court court of any province the power of hearing and determining 
 
 either in the first instance or on appeal any civil or criminal 
 
 proceeding arising within the Territories and in case of 
 
 ajipeal may prescribe the procedure in respect thereof. 
 
 Coroners 
 
 Wills 
 
 10. "Where in the opinion of a coroner it is impracticable 
 to obtain six jurors he may hold an inquest with a jury of a 
 less number or without a jury and in such case the inquisition 
 shall state that the inquest has been so held with the reasons 
 therefor; and the verdict of the jury if less than six in num- 
 ber shall be unanimous; and if there is no jury the corrner 
 may find such verdict as a jury might have found. 
 
 11. A holograph will A\'ritten and signed by the testator 
 himself thonah not witnessed shall be valid. 
 
 Prohibition 
 of intoxicants 
 
 13. Every ship, vessel or boat on which any intoxicating 
 liquor or intoxicant is imported or conveyed into or through 
 or over any portion of the Territories contrary to the provi- 
 sions of the said Act shall be forfeited to his ]Majesty and 
 may he seized and dealt with accordingly. 
 
 Provision 
 when there 
 are no such 
 officers, etc. 
 as are 
 designated 
 by law 
 
 13. Whenever in the said Act or in any other Act of the 
 Parliament of Canada or in any Ordinance of the Territories 
 any officf.-r is desig-nated for performing any duty therein 
 mentioned and there is no such ofiicer in the Territories, the 
 commissioner may order by what other person or officer such 
 duty shall be performed and anything done by such person or 
 oifieer under such order shall be valid and lawful in the iirem- 
 iscs ; or if it is in any such Act or Ordinance ordered that 
 any document or thing be transmitted to any ofiicer, court, 
 territorial division or place and there is then in the Terri- 
 tories no such ofiicer, court, territorial division or place, the 
 commissioner may order to what officer, court, territorial 
 division or place such transmission shall be made or may 
 dispense with the transmission thereof. 
 
 Provisional 
 
 Uquadator 
 
 forN.VV.T. 
 
 His duties 
 
 14. In view of the establishment of the provinces of Sas- 
 katchewan and Alberta by Acts of the present session, the 
 Governor in Council may appoint a liquidator whose duty 
 it shall be under the instructions and in accordance with the 
 directions of the Governor in Council, (a) to take possession 
 of the properties and assets of the goveimment of the ISTorth- 
 West Territories; (6) to wind up the affairs of the said gov- 
 
Land Titles act 1305 
 
 crnnient; (c) to liquidate the liabilities of the suicl govern- 
 luent out of and to the extent of any moneys coming into his 
 possession by virtue of his office; and (d) to distribute the 
 balance of such moneys and other assets including official 
 records and documents between or among the governments of 
 the provinces of Saskatchewan and Alberta and tho govern- 
 ment of Canada. 
 
 (2) The salary and allowances of the liquidator may bu ^'^ ^'^^'^"'^ 
 paid in the first instance out of any unappropriated moneys 
 forming part of the Consolidated Kevenue Fund of Canada 
 but shall be a charge upon the properties and assets of the 
 government of the !N"orth-West Territories which come into 
 his possession by virtue of his office. 
 
 15. This Act shall come into force on the first day ofmentofAct 
 September, one thousand nine hundred and five . 
 
 APPENDIX B. 
 
 , c. 28 
 1904 
 
 THE LAND TITLES ACT 1894 AND 
 AMENDMENTS IN PART. 
 
 Principal Act iSg^ sees, i to 75, g2 to 97 57-58 V. c. 28. 
 
 Amending Act x8g8 sec. iq bi V, c. y2. 
 
 Amending- Act igoo s. 5 (>3-(>4 V- <^- ^' 
 
 Amending Act 1^05 all 4.-5 Ed. VII. c. 18. 
 
 An Act to consolidate and amend the Acts respecting g-^^J^; 
 Land in the Territories. 
 
 ^Assented to July 23, 189Jf..] 
 
 HER 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 Land Titles Act ^59^." Short title 
 
 2. (a) The expression "land" means lands, messuages, ?.iS"*'^"°" 
 tenements and hereditaments, corporeal and incorporeal, of 
 
 every nature and description and every estate or interest 
 therein and whether such estate or interest is legal or equitable, 
 together w'ith all paths, passages, ways, watercourses, liber- 
 ties, privileges, easements, mines, minerals and quarries 
 
1306 
 
 LAND TITLES ACT 
 
 appertaining thereto and all trees and timber thereon and , 
 thereunder lying or being unless any such are specially 
 excepted. 
 
 (&) to (i/) ********** * 
 
 toESCENT OF LAND. 
 
 consid'e'retf ^' ^^^^l in the Territories shall go to the personal repre- 
 
 estate"'^' sentatives of the deceased owner thereof in the same manner 
 
 as personal estate now goes and 'be dealt with and distributed 
 
 as personal estate. 
 
 Effect ot 
 transfer 
 
 4. JSTo M'ords of limitation are necessary in any transfer of 
 any land in order to transfer all or any title therein, but every 
 instrument transferring land shall operate as an absolute 
 transfer of all such right and title as the transferor has 
 therein at the time of its execution unless a contrary intention 
 is expressed in the transfer; but nothing therein contained 
 shall ]Di'6clude any transfer from operating by way of 
 estoppel ; and hereafter the introduction of any words of limi- 
 tation into any transfer or devise of any land shall have the 
 like force and meaning as the same words of limitation would 
 have if used by way of limitation of any pertonall estatdi and 
 no other. 
 
 take from 5. No devise shall be valid or effectual as against thei per- 
 
 repre."e"iitatiTe sonal representative of the testator until the land affected 
 thereby is transferred to the devisee thereof by the personal 
 representative of the devisor saving and excepting such devises 
 as are made by the testator to his personal representative 
 either in his representative capacity or for his own use. 
 
 Dower 
 abolished 
 
 Widow's 
 
 right 
 
 6. ISTo widow whose husband died on or after the first day 
 of January, one thousand eight hundred and' eighty-seven, 
 shall be entitled to dower in the land of her deceased husband ; 
 but she shall have the same right in such land as if it were 
 personal property. 
 
 Tenancy by 
 the courtesy 
 abolished 
 
 Husband's 
 right 
 
 T. ITo husband whose wife died on or after the first day of 
 January, one thousand eight hundred and eighty-seven, shall 
 be entitled to a,ny estate by the courtesy in the land of his 
 deceased wife ; but he shall have the same right therein as a 
 wife has in the personal property of her deceased husband. 
 
LAND TITLES ACT 1307 
 
 ■ 8. Whenever land i& transferred to a man and his wife the 'i>ansfer of 
 transferees shall take according to the tenor of the transfer an^ ' "if^""' 
 
 ■ and they shall not take by entireties unless it is so expressed 
 in the transfer. 
 
 9. A man may make a valid transfer of land to his wife Tranaters be- 
 anda woman may make a valid transfer of land to her j^^g. '"'«*^" """^"^^s 
 
 ■ band without in either case the intervention of a trustee. - 
 
 10. Any devise or limitation which heretofore would have Estate entail 
 created an estate tail shall transfer the absolute ownership stopi^o^dthe? 
 or the greatest estate that the devisor or transferor had in the sutetuuted 
 land; and no estate in fee simple shall be changed into any 
 
 ■limited fee or fee tail, but the land, whatever lorm of- words 
 
 is used in any transfer or transmission or dealing shall except Fee-simpie 
 
 1 . J. . • . o r not change- 
 
 as Jierematter provided be and remain an absolute estatei in ?:^'?,i"'° , , 
 
 ■the owner for the time being. 
 
 11. A married woman shall, in respect of land acquired Married 
 by her on or after the first day of January, one thousand eight a™"™" slu 
 hundred and eighty-seven, have all the rights and be subject 
 
 to all the liabilities of a feme sole and may in all respects deal 
 with land as if she were unmarried. 
 
 13. If a wife has left her husband and has lived in adul- :^^^"^«''y ^y 
 tery after leaving him she shall take no part of the land of her 
 husband. 
 
 13. If a husband has left his wife and has lived in adul- ^''"•''ery by 
 
 j"i-iiin-ii /■ husband 
 
 tery alter leaving her he shall take no part of her land. 
 
 14. Illegitimate children shall inherit from the mother, as illegitimate 
 if they were legitimate and through the mother, if dead, any inherit from 
 land which she would if living have taken by purchase, gift, 
 
 devise or descent from any other person. 
 
 15. "When an illegitimate child dies intestate without issue illegitimate 
 the mother of such child shall inherit any land which the said intestate 
 child was the owner of at the time of his death. 
 
 EXECUTIOISrS. 
 
 93. The sheriff or other duly qualified ofiicer after the fheriSin'case 
 delivery to him of any execution or other writ affecting land finls''"'^* °* 
 
1308 LAND TITLES ACT 
 
 if a copy of such writ lias not already been delivered or trans- 
 mittea to the registrar, sJiali on payment to him of lif ty cents 
 by the execution creaitor namea tJierem, provided tJie said 
 writ IS in force, forthwith deliver or transmit by registered 
 letter to the registrar a copy of the writ and of all indorse- 
 ments tJiereon certined unuer his hand ana seal of otnce, if 
 any j and no land sliali be bound by any such writ until the 
 receipt by the registrar for tlie registration district in which 
 sucli land is situated of a copy thereof, either prior to this 
 Act under the law then in lorce or subsequent hereto j but 
 from and after the receipt by him of such copy no certihcate 
 of title shall be granted and no transfer, mortgage, incmn- 
 brance, lease or other instrument executed by the execution 
 debtor of such land shall be ett'ectual except subject to the 
 rights of the execution creditor under the writ while the same 
 is legally in force; and the registrar on granting a certihcate 
 of title and on registering any transfer, mortgage or other 
 instrument executed by the execution debtor attecting such 
 land shall by memoranda upon the certificate of title m the 
 register and on the duplicate issued by him express that such 
 certificate, transfer, mortgage or other instrument is subject 
 to such rights : 
 ProTiso: Provided that every writ shall cease to bind or affect land 
 
 writs at the expiration of two years from the date of the receipt 
 
 thereof by the registrar of the district in which the land is 
 situated unless before the expiration of such period of two 
 years a renewal of such writ is filed with the registrar in the 
 same manner as the original is required to be filed with him. 
 
 vept'of^"^" (2) The registrar shall keep a book in convenient form in 
 sheriffa writ -yy];!]^^]^ shall be entered according to the dates when respec- 
 tively received a record of all copies of writs received by him 
 from the sheriff or other officer as aforesaid whether so 
 received prior to this Act or subsequent thereto; and such 
 book shall be kept indexed, showing in alphabetical order the 
 names of the persons whose lands are affected by such writs 
 with the day and hour and minute of such receipt. Amd. 63- 
 64 v., c. 21, s, 2. 
 
 Satisfaction of 93. Upon the Satisfaction or withdrawal from his hands of 
 any writ the sheriff or other duly qualified officer shall forth- 
 with transmit to the registrar a certificate under his official 
 seal, if any, to that effect and upon the production and 
 delivery to the registrar of such a certificate or of a judge's 
 order showing the expiration, satisfaction or withdrawal of 
 the writ as against the whole or any portion of the land so 
 bound, the registrar shall make a memorandum upon the cer- 
 
LAND TITLES ACT 1309 
 
 tificate of title to that effect if the land has been brought under 
 the provisions of this Act, and if not, upon or opposite to the 
 entry of the writ in the hooh to he kept under the provisions 
 of the next preceding section; and thenceforth such land or 
 portion of land shall he deemed to he absolutely released and 
 discharged from the writ. 63-64 V., c. 21, s. 3. 
 
 sheeiff's sales. 
 
 94. No sale by a sheriff or other officer as aforesaid under Conflrmation 
 process of law of any land for which a certificate of title* 'has sale by 
 been granted shall be of any effect until the same has been 
 confirmed by the conrt or a judge ; but when any such land is 
 
 sold under process of law, the registrar upon the production 
 to him of the transfer of the same in the form TJ of the 
 schedule to this Act with proof of the due execution thereof 
 and with an order of the confirmation of such sale indorsed 
 upon the transfer or attached thereto shall, after the expira- 
 tion of four weeks after receiving the same register the 
 transfer, cancel the existing certificate of title wholly or in 
 part if less than the whole of the land comprised therein be 
 sold, erant a certificate of title to the transferee and issue to 
 hira a duplicate certificate in the prescribed form, unless such 
 rep-istration is in the meantime stayed by the order of the 
 court or iudere and in such case the registration shall not be 
 made except according to the order and direction of the said 
 court or judge. 
 
 95. A transfer of such land so sold under process of law Registration 
 
 of ijrftrifif©!* of 
 
 or for arrears of taxes as hereinafter provided shall be reffis- land sow by 
 tered within a period of two months of the date of the order 
 of confirmation unless in the meantime this period be 
 extpnded bv order filed with the registrar of the court or a 
 iudq-e ; and shall cease to be valid as affainst the owner of the 
 land so sold and anv person or persons claiminqr by, from!' or 
 throne-h him if not resristered within that period or within 
 the time fixed by such order. 
 
 96. The application for confirmation of a sale of such Application 
 
 .tor oonflr- 
 
 land so made under anv process of law may be made bv. the mation of sale 
 sheriff or other officer making the sale or by any person inter- 
 ested in the sale on notice to the owner unless the inds-e to 
 whom the application is made dispensed with such uotice : and 
 if the sale is confirmed the costs of confirmation shall be Costs 
 borne and paid out of the purchase money or as the judTP 
 directs, but in case the sale is not confirmed the purchase 
 
1310 
 
 LAND TITLES ACT 
 
 1( sale is not 
 confirmed 
 
 Transfer of 
 land sold for 
 
 taxes 
 
 money paid to him shall be refunded to the purchaser; and 
 the -judge may make such order as to the costs of all parties 
 to the sale and of the application for its confirmation as he 
 thinks just. 
 
 SALE FOE TAXES. 
 
 97. When any land for which a certificate of title has been 
 granted is sold for taxes the pxirchaser may at any time after 
 the sale lodge a caveat against the transfer of the land; and 
 upon the completion of the time allowed by law for redemp- 
 tion and upon the production of the transfer of the land in the 
 prescribed form for tax sales in the form IT in the schediile 
 to this Act with proof of the due execution thereof by the 
 proper ofiicer and a judge's order confirming such sale, the pro- 
 cedure for obtaining which shall be the same as hereinbefore 
 provided in case of a sheriff's sale, the registrar shall after the 
 expiration of four weeks from the delivery to him of the trans- 
 fer and judge's order of confirmation register the transferee as 
 absolute owner of the land so sold and shall cancel the certi- 
 ficate of title in whole or in part, as the case requires 
 
 grant a new certificate of title to the transferee and shall issue 
 to the purchaser a duplicate certificate unless the registration 
 has in the meantime been stopped by order of the judge. 
 
 THE LAND TITLES ACT. 
 
 61 v., c. 32 
 13 June, 1898 
 
 AMENDMENT. 
 
 An Act further to amend The Land Titles Act 1894. 
 
 [Assented to June 13, 1898:] 
 
 TTEE Majesty, by and with the advice and consent of the 
 J- J- Senate and House of Commons of Canada, declares 
 and enacts as follows : 
 
 Extinguishing 
 of priorities 
 between 
 execution 
 creditors 
 
 19. Any provisions heretofore enacted by the Legislative 
 Assembly of the ISTorth-West Territories and not repealed 
 with regard to the extinguishing, of .priorities between execu- 
 tion creditors as against the same execution debtor, may be 
 extended by enactment of the , said Legislative Assembly to 
 moneys realised by sheriffs under .execution as against lands ; . 
 
LAND TITLES ACT 1311 
 
 and it is hereby declared that the said Legislative Assembly Declaratory as 
 had and has the power to legislate as to the disposal of AssemWyV 
 moneys so realised notwithstanding anything contained in ' ' ' 
 The Land Titles Act 189J^. 
 
 THE LAND TITLES ACT. 
 
 An Act to amend The Land Titles Act 1804. 63-64v.,o.2i 
 
 ^' 7 July, 1900 
 
 [Assented to July 1, 1900.] 
 
 TJER Majesty, by and with the advice and consent of the 
 AJ- Senate and House of Commons of Canada, enacts as 
 follows : 
 
 *«■***»*******» 
 
 5. It is hereby declared to have been the intention of the Declaratory aa 
 Act-s known as The Territories Real Property Acts, chapter l886"a'26!'' 
 26 of the Statutes of 1886 and chapter 51 of the Revised andfhefr'"^ 
 Statutes and of the Acts amending the latter Act, as well as IrtT*^'"^ 
 that of The Land Titles Act chapter 28 of the Statutes of 
 1894 and of any Act in amendment thereof, that land in. the 
 Territories devolving upon the personal representative of a 
 deceased owner thereof should be dealt with and distributed 
 as personal estate and that shall be taken and held to have 
 been the law and the true intent and meaning of the said 
 Acts from the date upon which the said first mentioned Act, 
 chapter 26 of the Statutes of 1886, came into force, that is to 
 say, the first day of January, 1887. 
 
 THE^LAND TITLES ACT. 
 
 An Act to amend The Land Titles Act 1804. 4 5Ed. vn., 
 
 J, 1g 
 
 20 July.'igOo 
 
 [Assented to July 20, 1905.] 
 
 HIS Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts as 
 
 follows : 
 
1312 IIOMKS'I'KAD lOXK.Ml'TION ACT 
 
 Repeal by 1. Upon the establishment of a province in any portion of 
 
 Council of the ISTorth- West Territories and the enactment by the Legisla- 
 provinces tiire of that province of an Act relating to the registration of 
 land titles the Governor in Council may by order repeal the 
 provisions of The Land Titles Act 189^ and of any of its 
 amending Acts in so far as they apply to the said province 
 and by such order or by any subsequent order or orders may 
 adjust all questions arising between the government of Can- 
 ada and the o'overnment of the province by reason of the 
 provisions of this section being carried into effect. 
 PubHcationof (2) No such repealing order shall take effect until it has 
 been published in four consecutive weekly issues of The 
 Canada Gazette. 
 
 Cancellation 3. Where there has been granted for the purnoses of any 
 rightaaffecting ^vork authorised or licensed under The North-Went Irrigation 
 Act 1898 a ris'ht of way through or any other right affecting 
 lands of his Majesty and such right is expressed to be granted 
 for so long as the right of the grantee, his representatives or 
 assi<ms. to maintain and operate such work continues or to be 
 subject to forfeiture in case such last mentioned right ceases 
 f r determines or in case of failure to construct or complete 
 such work or to maintain or operate it, a declaration signed 
 by the minister of the interior or his deputy that the right 
 so jrrantpd has determined or been forfeited either entirelv or 
 in uart. shall be final and conclusive for the purposes of The 
 Land Tin rx Act 189 ^. and shall operate as a cancellation in 
 whole or in nart of such jrrant ; and if such jsrant has been 
 rpffistered, the registrar shall unon receipt of such declaration 
 cancel in whole or in part, as the case mav be. the registration 
 of such srrant and any certificate of Jitle issued for the right 
 "■ranted thereby. 
 
 APPENDIX C. 
 
 THE ACT TO REPEAL THE HOME- 
 STEAD EXEMPTION ACT, R.S.C. 52. 
 
 57-68 v., 0.29 Principal Act 1804 <7-^S V., c. 30. 
 
 23 July, 1894 ^ vt 0/ o < v 
 
 An Act to repeal The Homestead Exemption Act. 
 
 [Assented to July 23, 189^.] 
 
 TTER Majesty, by and with the advice and consent of the 
 -*--'■ Senate and House of Commons of Canada, enacts as 
 follows : 
 
^fOETH-WEST IKEIGATION ACT 1313 
 
 !• The Homestead Exemption Act, chapter 52 of the f^*||c'e°52 
 Revised Statutes, as amended by chapter 19 of the Statutes and i893, o! 19 
 of 1893, intituled "An Act to amend The Homedead Exemp- 
 tion Act" is hereby repealed. 
 
 2. Any provisions which have been heretofore enacted by yaij'''^'' °* 
 
 ,'' ^, '' Ordinances 
 
 the Legislative Assembly of the North- West Territories and Legislative 
 
 ° -J _ _ Assembly of 
 
 are not repealed purporting to exempt real property in the n.w.t. 
 North-West Territories from seizure by virtue of writs of 
 execution and the validity of which has been questioned or 
 may be open to question by reason of their repugnancy to the 
 provisions of the Act hereby repealed, shall hereafter be 
 deemed to be valid and shall have force and effect as law. 
 
 APPENDIX D. 
 
 THE NORTH-WEST IRRIGATION ACT 
 1898, AND AMENDMENT. 
 
 Principal Act i8g8 6i V., c. js- 
 
 Amending Act igos 4-5 Ed. VII c. 26. 
 
 An Act to amend and consolidate The North-Westeivic, c.35 
 
 13 June, 1898 
 
 Irrig-ation Acts of 1894 and 1895. 
 
 \_Assented to June IS, 1898.'] 
 
 HEE 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 North-West Irrigation short ut\e 
 Act 1898." 
 
 2. In this Act unless the context otherwise requires : interpretation 
 (a) The expression "minister" means the minister of the 'Minister" 
 
 interior ; 
 
 (h) The expression "department" means the department "Oapartmenf 
 of the interior at Ottawa; 
 
 (c) The expression "commissioner" means the commisf 'Commission- 
 sioner of public works for the North-West Territories ; 
 
 (d) The expression "chief engineer" means the chief ;'Ch';^«|^^„ 
 engineer and surveyor of the department of public works for 
 
 the North-West Territories; 
 
1314 
 
 NOETH-WEST lUBIQATION ACT 
 
 "Dominion 
 land surveyor 
 
 "Company" 
 
 "Works" 
 
 "Duty of 
 water" 
 
 "License"' 
 
 (c) The expression ''Dominion land surveyor" means a 
 surveyor duly authorised under the provisions of The Domin- 
 ion Lands Act to survey Dominion lands; 
 
 (/') The expression ''company" means any incorporated 
 company the object and powers of which extend to or include 
 the construction or operation of irrigation or other works 
 under this Act or the carrying on thereundei^ of the business 
 of the supply or the sale of water for irrigation or other pur- 
 poses and includes any person who has been authorised or has 
 applied for authority to construct or operate such works or 
 carry on such business or who has obtained a license under 
 section 11 of this Act and also includes any irrigation district 
 incorporated under an Ordinance of the North-West Terri- 
 tories; i ! , I ;.[ 
 
 {g) The expression "works" means and includes any dykes, 
 dams, weirs, flood-gates, breakwaters, drains, ditches, basins, 
 reservoirs, canals, tunnels, bridges, culverts, cribs, embank- 
 ments, headworks, flumes, aqueducts, pipes, pumps and any 
 contrivance for carrying or conducting water or other -Works 
 which are authorised to be constructed under the provisions of 
 this Act; 
 
 (/t) The expression "duty of water" means the area of 
 land that a unit of water will irrigate, which unit is the> dis- 
 charge of one cubic foot of water per second; 
 
 (i) The expression "licensee'' means any person or com- 
 pany who is granted a license in accordance with the provi- 
 sions of this Act. 
 
 Application 3. ^his Act shall apply to the North-West Territories 
 except the provisional districts of Yukon, Mackenzie, Frank- 
 lin and Ungava. 
 
 Right to use 4. The property in and the right to, the use of aU the water 
 at any time in any river, stream, watercourse, lake, creek, 
 ravine, canyon, lagoon, swamp, marsh or other body of water 
 shall for the purposes of this Act be deemed to be vested in 
 the crown unless and until and except only so far as some- 
 right therein or to the use thereof inconsistent with the right 
 of the crown, and which is not a public right or a right com- 
 mon to the public is established ; and, save in the exercise of 
 any legal right existing at the time of such diversion or use 
 no person shall divert or use any water from any river, stream, 
 watercourse, lake, creek, ravine, canyon, lagoon, swamp, marsh 
 or other Ijody of water otherwise than under the provisions of 
 this Act. 
 
NOnTII-WEST IBKIGATION ACT 1315 
 
 5. Except in pursuance of some asTccment or under takint>; Rights of 
 
 . ,■ J ii , • « 1 . „ , grantee of 
 
 existing at the time of the passing of this Act, no grant shall crown lands 
 be hereafter made "by the crown of lands or of, any estate 
 in such terms as to vest in the grantee any exclusive, or other 
 property or interest in or any exclusive right or privilege with 
 respect to any lake, river, stream or other body of water or 
 in or with respect to the water contained or flowing therein 
 or the land forming the bed or shore thereof. 
 
 6. After the passing of this Act no right to the permanent Right to use 
 diversion or to the exclusive use of the water in any river, acquire™oniy* 
 stream, watercourse, lake, creek, ravine, canyon, lagoon Ict^'' "^'^ 
 swamp, marsh or other body of water shall be acquired by any 
 riparian owner or any other person by length of use or other- 
 wise than as it may be acquired or conferred under the pro- 
 visions of tHis Act unless it is acquired by a grant made in 
 pursuance of some agreement or undertaking existing at the 
 
 time of the passing of this Act. 
 
 7. Every company or person who holds water rights of u Persons 
 
 1 • .1 , 1 ■ f 1 -1 1 , . . already hold- 
 
 class Similar to those which may be acqtiired under this Act or ing right 
 
 -, . , , . . must obtain 
 
 who With or without authority has constructed or is operating license 
 works for the utilisation of water, shall obtain a license under 
 this Act before the first day of July, one thousand eight him- 
 dred and ninety-eight. 
 
 (2) If such license is obtained within the time limited the if license is 
 
 • !■ 1 ■ 1 1 c 1 • T "°*' obtained 
 
 exercise of such rights may thereafter be continued and such witwu stated 
 works may be carried on under the provisions of this Act, 
 otherwise such rights or works and all the interest of such 
 person therein shall without any demand or proceeding be 
 absolutely forfeited to her Majesty and may be disposed of 
 or dealt with as the Governor in Council sees fit. 
 
 (3) Except in case of application foi? water for domestic Application 
 purposes as hereinafter provided the application for such 
 license shall be made in the same manner as for other licenses 
 
 under this Act and the like proceedings shall be had thereon 
 and like information furnished in connection therewith. 
 
 8. Anv water the property in which is vested in the crown Application 
 
 ■^ -^ , . . . . ^1 for water 
 
 Tiiav be acquired for domestic, irrigation or other purposes rights which 
 
 ■' ■■■ . ^ •11 in are vested 
 
 upon application therefor as hereinafter provided; and ail in the drown 
 applications made in accordance with the provisions of this 
 Act shall have precedence, except applications under section 
 7 according to the date of filing them with the commissioner. 
 
1316 
 
 NOETI-I-WEST IKElGATION AOT 
 
 Water rights 
 classified 
 
 (2) The purposes for which the right to water may be 
 acquired are of three classes, namely: First, domestic pur- 
 poses, which shall be taken to mean household and sanitary 
 purposes and the watering of stock and all purposes connected 
 with the working of railways or factories by steam but shall 
 not include the sale or barter of water for such purposes; 
 second, irrigation purposes; and third, other purposes. 
 
 Rights o£ 9. ]sl"o application for any purpose shall be granted where 
 
 proprietors ^}jg proposed use of the water would deprive any person 
 
 owning lands adjoining the river, stream, lake or other sources 
 
 of supply of whatever water he requires for domestic 
 
 purposes. 
 
 Preliminary 
 work by 
 licensee 
 
 Entering 
 lands 
 
 10. Any person contemplating or projecting any works 
 undler this Act may upon submitting a general description of 
 such works and upon payment of a fee of three dollars, 
 obtain from the chief engineer a license to do the necessary 
 pi'eliminary work in connection with the location of such 
 works; and after he obtains such license he may with such 
 assistants as are necessary enter into and upon any public or 
 private lands to take levels, make surveys and dO other neces- 
 sary ^vork in connection with such location, doing no imneces- 
 sary damage. 
 
 Form of 
 application 
 
 Memorial 
 
 If applicant 
 is an 
 
 incorporated 
 company 
 
 11. Every applicant for license under this Act except as 
 hereinafter provided shall file with the commissioner the 
 following documents : 
 
 (a) A memorial in duplicate on forms provided by the 
 commissioner in which the applicant shall set forth his name, 
 residence and occupation, his financial standing, the source 
 fi'om \vhich water is to be diverted, the point of diversion, the 
 probable quantity of water to be used, the size and character 
 of the works to be constructed, the area and location of the 
 land to be irrigated, the value of such land in its present 
 state including improvements, tlie probable number of con- 
 sumers and the rate, if any, to be charged for water sold ; but 
 if the applicant is an incorporated company the memorial 
 sliall also set fosth the names of its directors and ofFicers and 
 their places of residence, the date of its incorporation, the 
 amount of the company's subscribed capital, the amount of its 
 paid up capital, the proposed method of raising further funds 
 if needed and the purposes for which the company is incor- 
 porated ; 
 
NOETH-WEST lEEIGATION ACT 1317 
 
 (o) An application on forms provided by the commissioner Application to 
 for the right to construct any canal, ditch, reservoir or other ^"o^ance or 
 works referred to in the memorial across any road allowance '""'^"' ™*'^ 
 or surveyed public highway which may be affected by such 
 works ; 
 
 (c) A general plan in duplicate on tracing linen drawn to General plan 
 a scale of not less than one inch to a mile showing the source 
 
 of supply, the position of the point of intake, the location of 
 the main canals or ditches, the tract of land to be irrigated, 
 the name of the owner of each parcel of land crossed by the 
 canal or ditch or by any reservoir or other works connected 
 ther,ewith or to be irrigated therefrom and the position and 
 area of all ponds, reservoirs and basins intended to be con- 
 structed for the storage of water ; and 
 
 (d) A plan in duplicate on tracing linen showing in detail detail plan 
 all headworks, dams, flumes, bridges, culverts or other struc- 
 tures to be erected in connection with the proposed imder- 
 taking. 
 
 13. In the case of all ditches or canals carrying more fhan Additional 
 twenty-five cubic feet of water per second in addition to the case ot"certoin 
 above information the applicants shall furni&li the following 
 maps or plans in duplicate: 
 
 (a) A longitudinal profile of the ditch showing the bottom 
 and the proposed service water line, the horizontal scale being 
 not less than one inch to four hundred feet and the vertical 
 scale not less than one inch to twenty feet; 
 
 (h) A plan showing cross sections at a sufficient number of 
 points to fully illustrate all the different forms which the 
 ditch when constructed will take, particularly on sidehills or 
 elsewhere where any portion of the water is to be conveyed in 
 full. When water is to be conveyed in cut there shall also be 
 shown on this plan cross sections at points where the shortest 
 horizontal distance from either side of the bottom of the ditch 
 to the surface of the ground is less than double the bottom 
 width of the ditch at that point. This plan shall be drawn on 
 a horizontal and vertical scale of one inch to twenty feet ; 
 
 (c) Plans of any dams, cribs, embankments or other vs^orks Plans of works 
 
 ^^ -^ ' ' in connection 
 
 proposed to obstruct any river, stream, lake or other source of with , 
 
 1 r tJ y ^ ^ ^ reservoir 
 
 water supply, or in order to create' ai pond, reservoir or basin 
 of water anywhere or which may have that effect, prepared on 
 a longitudinal scale of not less than one inch to one hundred 
 feet and for cross sections on a scale of not less than one inch 
 to twenty feet showing what material is intended to be used 
 
1318 NORTH- WEST IKEIGATION ACT 
 
 and how placed in such works. The timber, brush, stone, 
 brick or other material used in such works shall be shown in 
 detail to a scale of not less than one inch to four feet; 
 
 groi"nas under ('^) Cross Section maps or plans showing the surface of the 
 reservoir groimd under such pond, reservoir or basin of water and also 
 the surface of the water proposed to be held therein ; the hori- 
 zontal scale of the said maps or plans shall be not less than 
 one inch to one hundred feet ; and the vertical scale shall be 
 not less than one. inch to twenty feet ; and a sufficient number 
 of lines of levels shall be shown so that the contents of the 
 jiond, reserv<iir or basin of water may be accurately deter- 
 mined. If the maps or plans show the levels by contour lines 
 they shall be on a scale sufficiently large that the contour lines 
 shall show a vertical distance between them not exceeding one 
 foot. The maps or plans shall have sufficient information to 
 show clearly the pro]ierty likely to be affected by the creation 
 of such ponds, reservoirs or basins of water and the manner 
 in which affected and shall show in detail on a scale of not 
 less than one inch to four feet the proposed manner of con- 
 trolling and Tlrawing off the water from any such pond, reser- 
 voir or basin. 
 
 S"°™itobe ^^' The memorials and plans filed as above perscribed, or 
 in8*pecUo°n ^ true copy thereof, shall be open for examination by the 
 
 public at all times in the department and at the office of the 
 
 commissioner at Regina. 
 
 eiee'Jfhere l^' Tn any case in which he thinlts proper the minister 
 
 may direct that a copy of the memorial and plans shall be 
 filed in such other place or with such other official or- person 
 as he names for that purpose and such copy also shall be 
 open to public inspection. 
 
 Public notice iftTiVT i.- j-i Pl- 
 
 ot application Ao. iubiic notice of the nlmg of the memorial and plans 
 
 shall forthwith be given by the applicant in some newspaper 
 published in the neighbourhood, to be named by the commis- 
 sioner, not less than once a week for a period of thirty days, 
 within which time all protests against granting the rights 
 applied for shall be forwarded to the minister and such notice 
 shall contain a statement of the nature of the rights applied 
 for and the general character and location of the proposed 
 works. 
 
 considered by (~^ The minister after considering all protests filed mav 
 authorise as hereinafter provided the construction of the 
 proposed works with such changes or variations as he deems 
 necessary. 
 
NOETH-WEST IRRIGATIOM' ACT 1319 
 
 16. The memorial and plans filed with the commissioner Memorial and 
 
 ^ plana to be 
 
 as herein provided shall be examined by the chief engineer examined and 
 and after having been approved by him one copy shall be 
 forwarded for record purposes in the department; and upon 
 receipt of such memorial and plans properly approved, 
 together with a certificate that the proper notice of the filing 
 of such memorial and plans has ■ been published and , that 
 permission has been granted by the commissioner to construct 
 such works across road allowances or surveyed public roads 
 affected thereby the minister may authorise the construction 
 of the proposed works, fixing in such authorisation a term 
 within which the construction of the works is to be completed. 
 
 (2)_ Any changes and variations ordered by the minister fj^^^R^^^^ 
 regarding the plans of the proposed ' works must be filed by"'''^ 
 the applicant in the office of the commissioner and shall form 
 a portion of the record open for public inspection. 
 
 (3) ISTo material deviation from the plans filed shall beJJo^*pl°"8 
 made without permission and any question arising as to 
 whether any deviation is material or otherwise shall be decided 
 by the chief engineer or such other officer as the minister 
 designates. 
 
 17. In the case of applications for water for domestic Fmne of 
 
 ^ , , . . plans may be 
 
 or irrigation purposes the minister may if he sees fit waive wai-ved in 
 
 ^ ^ , '. . certain cases 
 
 the necessity for filing the plans required by section 11 of 
 this Act and may require the applicants to file a memorial 
 only, but he may order that such memorial shall contain all 
 the information necessary to a full and complete understand- 
 ing of the rights applied for. 
 
 18. Any works authorised under this Act shall if the ^"^^P^«f i°" °* 
 minister so determines be constructed subject to inspection 
 
 during construction by the chief engineer or any other 
 officer to be named by the minister; and the cost of such 
 inspection or such portion thereof as the minister decides 
 shall be borne by the person or company constructing such 
 works. 
 
 (2) Should any person residing on or owning land in the ^°^^fe"a"io"n''o"f 
 neighbourhood of any works, either completed or in course of P™?"^J^orks 
 construction, apply to the minister in writing desiring an 
 inspection of such work the minister may order an inspec- 
 tion thereof. 
 
 (.3) The minister may require the applicant for inspection Deposit to be 
 to make a deposit of such sum of money as the ■ minister applicant 
 thinks necessary to pay the expenses of an inspection, and in 
 
1320 
 
 NOETir-WEST IKEIGATION ACT 
 
 Enforcing 
 payment of 
 costs 
 
 Works to be 
 made secure 
 
 case the application appears to him not to have been justified 
 may cause the whole or part of the expenses to be paid out 
 of such deposit. 
 
 (4) In case the application appears to the minister to 
 have been justified he may order the person or company to 
 pay the whole or any part of the expenses of the inspection 
 and such payment may be enforced as a debt due to her 
 Majesty. 
 
 (5) Ujjon any inspection under the provisions of this sec- 
 tion the minister may order the person or company to make 
 any addition or "alteration which he considers necessary for 
 their security to or in any works of the person or company, 
 and noncompliance with such order may be dealt with in the 
 same manner as is provided with respect to an order of the 
 minister under section 40 of this Act. 
 
 (6) Provided that where under section 17 the minister 
 waives the necessity for plans this section shall not apply. 
 
 S?y be^"'"'^ 19' The person or company immediately after the 
 commenced j-gceipt of the authorisation may proceed with the construc- 
 tion of the works authorised, and for the purposes of such 
 
 Powers under Construction shall have the powers conferred bv The Bailwav 
 
 C. 29 of 1888 . . . ^ , , •' ^ 
 
 Act upon railway companies so far as the same are applicable 
 
 to the undertaking of the person or company and are not 
 
 inconsistent with the provisions of this Act or with the 
 
 authority given to the person or company, the provisions 
 
 conferring such powers being taken for this purpose to refer 
 
 to any work of the person or company where in Ihe said Act 
 
 they refer to the railway. 
 
 oomme''ncing ^^- ^^^ Construction of any work authorised undi3r this 
 works limited ^ct shall be commenced not later than two months after the 
 date of the authorisation unless such two months expire 
 between the first day of IS^ovember and the first day of May 
 following, in which case the time of commencement shall not 
 be later than the first day of May following and shall proceed 
 continuously until sufficiently completed to supply water to all 
 applicants within the area described in the authorisation, 
 provided there is sufficient water available for that purpose; 
 gnd the minister or such officer as he designates shall be the 
 sole arbiter as to whether the work is being prosecuted with 
 sufficient vigour. 
 
 tinie"n'case ''2') Should any unforeseen disaster intervene to prevent 
 
 of disaster ^j^^ construction or completion of the works within the time 
 
NOKTI-I-WEST IKRIGATION ACT 1^21 
 
 limited, or for any other reasons which he deems sufficient, 
 the minister may authorise an extension of time for the 
 commencement or completion of the works. 
 
 (3) Upon the expiration of the time limited for the com- ^"jff!^"^® °^g 
 pletion of the works the rights granted to the person or com- ^["^^2'^?^^:^^ 
 pany shall cease and determine, except in so far as they are ''''"® "™"^®^ 
 necessary for effectually operating the works then completed ; 
 and any works at the date of such forfeiture constructed or 
 ai-quired may be taken over and operated or disposed of by 
 the minister in the manner and upon the terms hereinafter 
 provided. 
 
 31. Lands required for the works of the person or com- Power to take 
 pany as shown by the maps and plans filed in whomsoever 
 they are vested whether in her Majesty or in any person or 
 company under this Act or in any railway company or in any 
 other person whomsoever or any interest in or right or 
 privilege with regard to such land which is so required may 
 be taken and acquired by the person or company; and to this 
 end all the provisions of The Railway Act which and so far 
 as they are applicable to such taking and acquisition shall 
 apply as if they were included in this Act, the minister of 
 the interior and the department of the interior being sub- 
 stituted for the minister of railways and canals and the 
 department of railways and canals, respectively, wherevi'r 
 in the provisions of the said Act the latter minister and 
 department are referred to: 
 
 Provided that the minister of the interior may impose such 
 terms and conditions as he thinks proper in the public interest 
 in connection with the acquisition under this section of any 
 lands which are vested in any person or company under this 
 Act or in any railway company or of any interest in such 
 lands or any right or privilege afF?etin';' such lands. 
 
 f2) All the provisions of The Ilailway Act which are Compensation 
 
 Til 1 11 ■ Ti 1 j2 ■ 1 for damages 
 
 applicable shall m like manner apply to fixing the amount 
 of and the payment of compensation for damages to lands 
 arising: out of the construction or maintenance of the works 
 of the person or company or the exercise of any of the jwwers 
 granted to the person or company under this Act. 
 
 553. All maps, plans and books of reference showing any Maps, etc. to 
 lands other than crown lands necessary to be acquired under and filed 
 the provisions of this Act by any person or company for 
 right of way or for any purpose in connection with the con- 
 struction and maintenance of their works must be signed and 
 
1322 NORTH-WEST lEKIGATIOW ACT 
 
 cjertifitd correct by a duly qualified Dominion land surveyor. 
 Such maps, plans and books of reference shall be prepared 
 in duplicate and one copy shall be filed in the ofiice of the 
 commissioner and the other registered by the applicant in 
 the land titles ofiice for the registration district within which 
 the lands affected by such surveys are situated' 
 
 hl.nds'taken '^° ^^' The minnister or such ofiicer as he designates 
 shall in case of dispute be the sole arbiter as to the area of 
 land which may be taken by the person or company without 
 the consent of the owner for any purpose in the construction 
 or maintenance of their work. 
 
 wOTkson"°' ^^' Upon the expiration of the time mentioned in the 
 completion authorisation for the construction of any works or at any 
 
 and issue of ^ j j 
 
 iteense'^''^ '""^ ^^^'-'^ '^'■'ore such date if the construction is sooner completed 
 an inspection shall be made by the chief engineer or such 
 other ofiicer as the minister appoints ; and a certificate shall 
 be issued by the chief engineer and be forwarded to the 
 department setting forth that the works have been completed 
 in accordance with the application, that the right of way for 
 the works has been obtained, that agreements have been 
 entered into for the supply of water for irrigation of lands 
 which are not the property of the applicant, and that the 
 works as constructed are capable of carrying and utilising a 
 . stated quantity of water. 
 
 (2) Upon receipt of such certificate the minister shall 
 issue a license to the applicant for the quantity of water to 
 which he is entitled and such license shall be recorded in the 
 ofiice of the commissioner at Regina. 
 
 Priority of 35. Licensees shall have priority among themselves accord- 
 
 ing to the number of their licenses so that each licensee shall 
 be entitled to receive the whole of the supply to which his 
 license entitles him before any licensee whose license is of a 
 
 dfs'pS"'"* higher number has any claim to a supply; and if a complaint 
 is made to the minister or to an officer authorised by him 
 to receive such complaints that any licensee is receiving water 
 from a source of supply to which another licensee is entitled 
 by virtue of priority of right and that the licensee having 
 such priority of right is not receiving the supply to which 
 he is entitled some oificer to be named by the minister or the 
 officer to whom complaint is so made, as the case may be, shall 
 inquire into the circumstances of the case and if he finds that 
 there is ground for the complaint shall cause the head-gates 
 of the ditch or other works of the licensee who is receiving 
 
]SrOETH-WEST IKEIGATlOlSf AC* 1323 
 
 an undue supply of water to be closed so that the supply to 
 which the other licensee is entitled shall pass and flow to his 
 works. 
 
 30. When any works for carrying water are not of suSi- Licensee's 
 
 ., . , , . rights limited 
 
 cient capacity to carry the quantity of water acquired by their by capacity of 
 owner his exclusive right shall be limited to the quantity 
 which such ditch, flume or other contrivance is capable of 
 carrying ; and in case of dispute as to such quantity the 
 minister may order an inspection of the works ; and the report 
 and finding of the inspecting oflicer as to the capacity thereof 
 shall for the purpose of this section be final and conclusive. 
 
 3'7. "When the land to be irrigated by the water granted Cancellation 
 to a licensee is land for which letters patent from the crown reservation of 
 have not been issued, being held by the licensee under a home- certain oases 
 stead or other conditional entry or a lease in accordance 
 with the provisions of The Dominion Lands Act or under an 
 agreement to purchase such land the license for such water 
 shall be cancelled upon receipt by the minister of a certificate 
 of the cancellation of such homestead or other conditional 
 entry, lease or sale agreement; but the water right necessary 
 for the irrigation of such land may be reserved for such time 
 as the minister determines and may be disposed of, together 
 with all works connected therewith, to the next occupant or 
 purchaser of such land upon such terms and conditions as the 
 minister determines; and the new license issued for such 
 ^vater shall have the same number and hold the same priority 
 of right as the original or cancelled license. 
 
 38. Every person and every company and the oflicers and information to 
 directors thereof shall afford to any inspecting officer such inspecting 
 
 . . engineer 
 
 information as is within their knowledge and power m all 
 matters inquired into by him and shall submit to such 
 inspecting officer all plans, specifications, drawings and docu- 
 ments relating to the construction, repair or state of repair 
 of the works or any portion thereof. 
 
 (2) The production of instructions in writing signed l-'^Jauth^rit'^'^ 
 the minister or his deputy or the secretary of the department 
 of the interior shall be sufficient evidence of the authority 
 of such inspecting officer. 
 
 39. Every person who wilfully obstructs an inspecting penalty for 
 officer in the execution of his duty shall be liable on summary o^^^ructing 
 conviction to a penalty not exceeding twenty dollars or to 
 imprisonment for a term not exceeding two months, with or 
 without hard labour, or to both. 
 
1324 
 
 NOETH-WEST lEEIGATION' ACT 
 
 Penalty for 
 obatructing 
 engineer or 
 aurreyor 
 
 30. Every person who interrupts, molests or hinders in 
 his work any engineer or Dominion land surveyor engaged in 
 making surveys or levels or in other operations in connection 
 ^vith any work authorised under this Act is guilty of an 
 ■jflence and liable on summary conviction to a penalty not 
 exceeding twenty dollars or to imprisonment for a term not 
 exceeding; two months or to both. 
 
 31. 
 
 Every person who wilfully without authority takes or 
 
 Penalty for 
 improper 
 
 by any person ciiverts any water from any river, stream, lake or other waters 
 or from any works authorised under this Act or who takes or 
 diverts therefrom any greater quantity of water than he is 
 entitled to is guilty of an offence and liable upon summary con- 
 viction to a fine not exceeding five dollars per day or fraction 
 of a day for each unit or fraction of a unit of water impro- 
 perly diverted or to imprisonment for a term not exceeding 
 thirty days or to both. 
 
 Penalty for 
 improper 
 diversion of 
 water 
 
 Dispute as to 
 quantity of 
 water 
 diverted 
 
 Forfeiture of 
 licensee's 
 rights by 
 waste or 
 nonuser 
 
 32. Xo licensee shall divert more water than the quantity 
 actually granted by his license and any licensee so doing shall 
 be guilty of an offence punishable on summary conviction 
 by a fine not exceeding five dollars per day or fraction of a 
 day for each unit or fraction of a unit of water so diverted. 
 
 (2) In case of dispute as to the quantity of water diverted 
 the minister may order an inspection of the works of the 
 licensee by an ofBcer named by him for that purpose and for 
 the purposes of this section the report and finding of such 
 officer as to the quantity diverted shall be final and conclusive. 
 
 33. When any licensee abandons or ceases to use or wastes 
 any water to which his license entitles him and any charge of 
 such abandonment or ceasing to use or wasting waste water 
 is made to the minister, such charge may be inquired into by 
 him or by any person or officer appointed by him for that 
 purpose; and the minister if he deems just and proper may 
 by order declare a forfeiture of the license, and the license so 
 ordered or declared to be forfeited shall be cancelled and shall 
 cease and determine. 
 
 Disposal of 
 surplus water 
 to applicants 
 
 34. Any licensee shall dispose of any surplus water flowing 
 in his works which is not being utilised or used for the pur- 
 poses authorised to any person applying therefor for irrigation 
 purposes and tendering payment for one month in advance 
 at the regular prices. 
 
NOKTH-WEST IKEIGATIOW AOT 1325 
 
 (2) Persons so applying shall pay an amount equal to the ^''3'™!'^^^''^ 
 cost and expense of the works required to convey the surplus 
 
 water to them or shall themselves construct such works ; and 
 until this is done the delivery of surplus water need not be 
 made. 
 
 (3) When the necessary works have been constructed and Q^^^,^'j'y °' 
 the payment or tender herein provided for has been made, ^p'^jjfj^^''^t«j3 
 the applicant shall be entitled to the use of so much o£ the ^""'■^«'^ 
 surplus water as such works have the capacity to carry. 
 
 (-t) Nothing in this section shall be construed to give to any Limitation 
 person acquiring the right to use surplus water any right to 
 the said surplus water when it is needed by the licensee for 
 the purposes authorised, or to waste or sell or dispose thereof 
 ^.fter being used by him, or shall prevent the original owners 
 ■from retaking, selling or disposing thereof in the usual or 
 customary manner after it has been so used as aforesaid. 
 
 35. Xo licensee undertaking to sell water conveyed by his [J°„^g''J^?^^^*" 
 worksl shall subsequent to the first four years after the con- ^/^^g'' *'^'''*®'* 
 struction of such works as are necessary to convey the water 
 
 to the user discriminate between the user of such water 
 vpgardina the price thereof. 
 
 (2) If from any cause the whole amount of water agreed to it supply. o( 
 
 . . . -Ill 1 w^ater is 
 
 be .supplied by a licensee is not available then each user shall insufficient 
 have furnished to him by the licensee so much water as shall 
 bear to the available water the same proportion as his usual 
 supply bears to the whole amount agreed to be furnished. 
 
 (3) Any licensee violating these provisions shall be guiltv penalty 
 of an offence against this Act and liable upon summary convic- 
 tion to a finejiot exceeding one thousand dollars for each and 
 every such offence or to imprisonment for a period not exceed- 
 ing two months or to both. 
 
 36. The minister may grant to any licensee the right to storage of 
 store for irrigation purposes during periods of floods or high 
 
 water or during those portions of the year when water is not 
 required for irrigation purposes any water not being iised 
 during such periods. 
 
 (2) Should there be any works for the carriage of water utilisation for 
 
 ^ ' . . . that purpose' 
 
 which are not being utilised to their full capacity by their »' existing 
 owner and which can with advantage be utilised to carry the 
 whole or any portion of the water desired to be stored any 
 portion of the distance it is required to be so carried! or con- 
 ducted without interfering with the use made of the said 
 
1326 NOETH-WEST lEEIGATION ACT 
 
 works by t,heir owner, then the said works shall be placed at 
 the disposal of the licensee desiring to so use it; and if the 
 parties cannot agree upon the compensation to be paid for 
 such service, the minister may fix the rate to be paid therefor. 
 
 crossings ST. Any person or company constructing any works under 
 
 the provisions of this Act shall during such construction keep 
 open for safe and convenient travel all public highways there- 
 tofore publicly travelled as such, when they are crossed by 
 such works and shall before water is diverted into, con- 
 veyed or stored by any such works extending into or crossing 
 any snch highway construct to the satisfaction of the minister 
 a substantial bridge not less than fourteen feet in breadth 
 with proper and sufficient approaches thereto over such works; 
 and every .such bridge and the approaches thereto shall be 
 always thereinafter maintained by such person or company. 
 
 measurement 38. Under this Act the discharge of one cubic foot of 
 water per second shall be the imit of measurement of flowing 
 water and the cubic foot or acre foot the unit of measurement 
 of quantity. The acre foot is equivalent to forty-three thous- 
 and five hundred and sixty cubic feet. 
 
 rfronfpany"^" 39. Companies obtaining a license under this Act shall on 
 or before the thirty-first day of January in each year make a 
 return to the minister attested by the oath of its president and 
 secretary, for the year ending the thirty-first day of December 
 preceding, showing: 
 
 The amount expended on construction; 
 
 The amount expended on repairs; 
 
 The amount received from shareholders; 
 
 The amount of bonds issued ; 
 
 The amotmt received for water supply for irrigation ; 
 
 The amount received from other sources ; 
 
 The amount of dividend declared and paid; 
 
 The amount of capital stock authorised ; 
 
 The amount of capital stock subscribed ; 
 
 The amount of capital stock paid up to date ; 
 
 The amount of bonded indebtedness : 
 
 The rate of interest bonds bear ; 
 
 The amount bonds sold for; 
 
 The amount of indebtedness other than bonds and the rate 
 of interest such indebtedness is bearing ; 
 
 The cost of management; 
 
 A statement of the works and their extent and character ; 
 
 
NOETH-WEST lEEIGATIOKT ACT 1327 
 
 The number of miles of canals, ditches, etc. ; 
 The number of users; 
 
 The number of acres actually under irrigation; 
 The number of acres of irrigable land in the system ; 
 The names of officers and employees ; 
 
 The proposed extensions during ensuing years and the 
 acreage to be covered thereby ; 
 
 Such other data as the Governor in Council sees fit to order. 
 
 (2) Attached to such annual return shall be a copy of theP°py°' 
 
 1 -I j: ,x_ 1 . '- •' bylaws 
 
 bylaws ot the company showmg all amendments thereto during 
 the year covered by the said return. 
 
 (3) The returns required by this section may be waived by ^''''^p"'"' 
 the minister in the case of a private person siipplying water 
 solely to himself. 
 
 40. When a complaint under oath of the complainant and Order by 
 
 jTiii -i- 1 ,.. , minislerin 
 
 01 at least one witness is made to the minister or the commis- case of 
 
 , eomplaint 
 
 sionei^ by a consumer of water who has paid his .rates; that a^.^^^"'* 
 licensee who has engaged or is under obligation to supply him 
 with water is failing to do so or is failing to keep his works in 
 proper condition, the minister or some person or officer 
 appointed by him for the purpose may make immediate 
 inquiry and take all necessary steps to ascertain the truth of 
 the complaint and if he considers the complaint established, 
 may order and direct that the licensee shall take forthwith 
 such action as he considers necessary in order as far as possible 
 to remove the cause of complaint. 
 
 (2) If the licensee fails to obey such order the minister shall Reference to 
 
 . . . . judge 
 
 forthwith issue a certificate to that eflFect, reciting all the facts, 
 which certificate being presented to the judge of the supreme 
 court for the judicial district within which such works lie, the 
 judge shall hear and determine the matter in a summary 
 manner and shall order the licensee to proceed with all 
 despatch to take such measures as he considers necessary in 
 the premises ; and refusal or neglect to obey any order made Refusal to 
 
 X ' , o do obey order 
 
 by a judge under this section may be treated and punished aso*Jii<Js« 
 contempt of court and such other proceedings may be had and 
 taken thereon as in the case of noncompliance with any other 
 mandatory order of the said court or a judge thereof. 
 
 41. The Governor in Council may authorise two or more ^„a,,ga,ma- 
 companies whose works are contiguous to unite and form one oomp°inies 
 company with a view to providing increased water suppjy and 
 extending their works, when he is satisfied that the holders of 
 more than fifty per cent, of the capital stock of each company 
 
1328 NOETH-WEST lEEIGATION ACT 
 
 are in favour of the union, that users dependant upon the 
 water supply will not be injured and that the companies to be 
 united have. the necessary financial means for carrying out the 
 proposed undertaking — the same particulars being furnished to 
 the Governor in Council as are required to be furnished upon 
 an application for authorisation to construct works under this 
 Act ; and piiblic notice of the authorisation of the tmited com- 
 panies and their proposed works shall be given in the manner 
 prescribed under section 15. 
 
 i^sue^summons ^^' "^^^ minister or any one specially authorised by hiui 
 may when he deems it necessary for the satisfactory carrying 
 out of the provisions of this Act or the regulations to be framed 
 under it sununon before him any person by subpcena, examine 
 
 dfsobaying'^it such persou under oath and compel the production of papers 
 and writings ; and for neglect to obey such summons or refusal 
 to give evidence or to produce the papers or writings demanded 
 of him the minister or the person authorised may by warrant 
 under his hand order the person in default to be imprisoned 
 in the nearest common jail as for contempt of court for a 
 period not exceeding fourteen days. 
 
 Before whom 43. AH affidavits, oaths, solemn declarations or affirmations 
 
 affidavits . ^ ■' 
 
 may be taken required to be taken under this Act or any, regulations made 
 thereunder may be taken before the chief engineer or any per- 
 sons specially authorised by the minister to take them, or any 
 other persons authorised to take affidavits in the ISTorth-West 
 Territories and the minister may require any statement called 
 for under this Act or under any such regulation to be verified 
 by oath, affidavit, affirmation or declaration. 
 
 The minister 44. The minister may take such steps as he deems necessary 
 
 may order j. x- x i , . -, „ , 
 
 surveys, etc. at any time to secure a complete or partial survey of the 
 sources of the water supply for irrigation and other purposes, 
 with an estimate of the extent and location of irrigable lands 
 and of the site or sites suitable for ponds, basins and reser- 
 voirs for water storage and may reserve lands forming such 
 sites from general sale and settlement and dispose thereof by 
 sale or lease to be utilised for purposes within the purview 
 of this Act. He may also take such steps as he thinks neces- 
 sary to protect the sources of water supply and to prevent any 
 act likely to diminish or injure the said supply. 
 
 High water 45. The minister may from time to time authorise the 
 
 wate''r'!''et''c. ^'^tablishing in rivers, streams, lakes and other waters water 
 
 gauges for computing the approximate volume amd, disoha^tge 
 
NOKTH-WEST lEEIGATION ACT 1329 
 
 of waters, the placing of high water marks on rivers and 
 streams, lakes and other waters when in flood, the taking of 
 steps for securing analyses of the water of rivers, streams, 
 lakes and other waters and the adopting of such other measures 
 and proceedings for promoting the beneficial use of water 
 and for controlling and regulating the diversion and the appli- 
 cation thereof as he finds necessary and expedient and as are 
 consistent with the j)rovisions of this Act. 
 
 46. The Governor in Council may if in the public interest Expropriation 
 it is at any time deemed advisable so to do take over andaoTernment 
 operate or otherwise dispose of the works of any licensee 
 authorised under this Act: 
 
 Provided that compensation shall be paid for such Avorks at Proviso 
 their value, such value to be ascertained by reference to the 
 exechequer court or by arbitration, one abritrator to be 
 appointed by the Governor in Council, the second by the 
 licensee and the third by the two so appointed or in case these 
 cannot agree as to the third arbitrator by the exchequer court ; 
 and in estimating such value the court or the arbitrators may 
 take into account the expenditure of the licensee and interest 
 on such expenditure and the value of his property, works and 
 business : 
 
 Provided also that no person who at such date is using the Proviso 
 water of the said works shall be deprived of the quantity of 
 water he is entitled to: 
 
 Provided further that in any such case the Governor in Proviso 
 Council shall have due regard to the claims to consideration 
 of any persons who have prepared or have in course of prepara- 
 tion any land to be supplied with water by the works taken 
 over. 
 
 47. The bylaws and regulations of companies operating Bylaws of 
 under this Act shall not contain anything contrary to the true""" 
 intent and meaning of this Act and shall be subj(3ct to revision 
 
 and ajaproval by the minister and no tariif of charges for water 
 furnished by any licensee shall come into operation until it 
 has been approved by the minister. 
 
 48. Any company authorised under this Act may issue lasue of bonds 
 
 .. «.by company 
 
 bonds, debentures or other securities to the amount of its 
 subscribed capital or double the amount of its paid-up capital 
 whichever is the smaller amount. 
 
 49. Any company authorised under this Act may acquire Acquisition of 
 land by purchase or lease for improvement by irrigation and company 
 
1330 NOETH-WEST lEEIGATION ACT 
 
 shall dispose thereof within fifteen years after its acquisition, 
 otherwise such land shall revert to the crown; excepting 
 however such lands as are actually under cultivation or are 
 being used for farming, gardening, stock-raising, dairying, 
 horticulture, tree-planting and forestry: 
 Exceptions Provided that the lands so excepted do not comprise more 
 
 than ten per cent, of the total area of land brought under 
 irrigation by the company. 
 
 oomfS ""^^ ^^* ^^y company authorised under this Act may for the 
 teiepho'Ji'i^'"^ purpose of its undertaking construct or acquire electric, tele- 
 lines, etc. graph and telephone lines or any other contrivances for the 
 transmission of messages through or along wires, rods, tubes 
 or other appliances and may acquire any land necessary for 
 the construction and operation of such lines or contrivances 
 and the lands necessary to be taken and acquired for this 
 purpose may be acquired under the provisions of section 21 
 of this Act. 
 
 General power 51. The minister may: 
 
 of minister 
 
 Define the manner in which the measure of water shall be 
 arrived at; 
 
 Define the duty of water according to locality and soil; 
 
 Define the portion of the year during which water shall 
 be supplied for irrigation; 
 
 Yix the fee or charge to be paid for licenses issued under 
 this Act, which fees or charges may be varied according to 
 the capital employed or volume of water diverted; 
 
 Regulate the extent of diversion from rivers, streams, lakes 
 or other waters; 
 
 Regulate the passage of logs, timber and other products of 
 the forests through or over any dams or other works erected 
 in rivers, streams, lakes and other waters under the authority 
 of this Act; 
 
 Regulate from time to time the water rates which may be 
 charged by licensees and the publication of tariff of rates; 
 
 Prescribe forms to be used in proceedings under this Act; 
 
 Impose penalties for violations of any regulation made 
 under the authority of this Act, which penalties shall in no 
 case exceed a fine of two hundred dollars or three months 
 imprisonment or both; 
 
 Regulate the manner in which water is to be supplied to 
 persons entitled thereto, whether continuously or at stated 
 intervals or under both systems ; 
 
 Authorise some person or officer, whose decision shall be 
 final and without appeal, to decide in cases of dispute as to 
 what constitutes surplus water as mentioned in this Act; 
 
NOETH-WEST IKEIGATION ACT 1331 
 
 Make such orders as are deemed necessary from time to 
 time to carry out the provisions of this Act according to 
 their true intent or to meet any cases which arise and for 
 which no provision is made in this Act; and further maJse 
 any regulations which are considered necessary to give the 
 provisions of this Act full effect. 
 
 53. All regulations made and forms prescribed by the Publication of 
 
 ° J. ./ regulations 
 
 minister under this Act shall be published in The Canada 
 Gazette and shall be laid before both Houses of F'arliament 
 within the first fifteen days of the session next after the date 
 thereof. 
 
 53. Any companies already formed to promote irrigation ac? 10*'°"° 
 shall be subject to all the provisions of this Act except so f ar now^eSsting 
 as the powers mentioned in section 48 are concerned. 
 
 54. The provisions of section 41, 48 and 49 of this Act '^'"""p"°° 
 shall not apply to any irrigation district incorporated under an 
 Ordinance of the ISTorth-West Territories. 
 
 55. The North-West Irrigation Act, being chapter 30 of ^'''"'''' 
 the Statutes of 1894 and chapter 33 of the Statutes of 1895 
 
 in amendment thereof are hereby repealed. 
 
 THE NORTH-WEST IRRIGATION ACT. 
 
 AMENDMENT. 
 
 4-5 Ed. VII 
 
 An Act to amend The North- West Irrigation Act 1898. ^26 
 
 20 July, 1906 
 
 [Assented to July 20, 1905.} 
 
 HIS Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts as 
 follows : 
 
 1. Upon the establishment of a province in any portion of 
 the North-West Territories the Governor in Council may by 
 Order make provision for the administration of The North- 
 West Irrigation Act 1898 within such province and for the 
 appointment of such officers and persons and the designation 
 of siich places for the filing or deposit of applications, memo- 
 rials, maps, plans, books of reference and other documents and 
 
1332 
 
 THE SASKATCHEWAN ACT 
 
 things and for the recording of licenses and for the designa- 
 tion of such other places as are deemed necessary for the 
 inirposes of such administration. 
 
 (2) Any such order shall be published in The Canada 
 
 Gazette. 
 
 APPENDIX E. 
 
 i-o Kd. VII 
 
 ■C.42 
 
 20 July, 1906 
 
 Preamble 
 
 THE SASKATCHEWAN ACT, 
 
 An Act to establisli and provide for the Government 
 of the Province of Saskatchewan. 
 
 \_Assented to July 20, 1905.] 
 
 WHEKEAS in and by The British North America Act 
 1871, being chapter 28 of the Acts of tne 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 terri- 
 tories 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 consti- 
 tution 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 Parlia- 
 ment 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 
 Parliament of Canda : 
 
 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 SaslcalcJiewan Act." 
 
 Province of 
 
 Saskatchewan o rni , •, • i ■ i . , ,. m . , 
 
 formed its /£. Lhe territory comprised within the following boun- 
 
 ■daries, that is to say, — commencing at the intersection of the 
 international boundary dividing Canada from the IJnited 
 States of America by the west boundary of the province of 
 Manitoba, thence northerly along the said west boundary of ' 
 the province of Manitoba to the north-west corner of the said 
 province of Manitoba; thence continuing northerly along the 
 
 Short title 
 
 boundaries 
 
THE SASKATCHEWAN ACT 1333 
 
 centre of the road allowance between the twenty-ninth and 
 thirtieth ranges west of the principal meridian in the system 
 of Dominion lands surveys, as the said road allowance may 
 hereafter be defined in accordance with the said system, to 
 the second meridian in the said system of Dominion lands 
 surveys as the same may hereafter be defined in accordance 
 with the said system ; thence northerly along the said second 
 meridian to the sixtieth degree of north latitude ; thence west- 
 erly along the parallel of the sixtieth degree of north latitude 
 to the fourth meridian in the said 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 said international. boundary dividing Canada 
 from the United States of America; thence easterly along the 
 said international boundary 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 Saskatchewan. 
 
 3. The provisions of The British North America ■^cis^eft^iste'to 
 1867 to 1886 shall apply to the province of Saskatchewan in'^^P'^ 
 
 the same way and to the like extent as they apply to the 
 provinces heretofore comprised in the Dominion, as if the 
 said province of Saskatchewan 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 ^0^™^™^^" 
 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. 
 
 Representa- 
 
 5. The said province and the provmce of Alberta shall, Hon in the 
 until the termination of the Parliament of Canada existing Commona 
 at the time of the first readjustment hereinafter provided for, 
 continue to be represented in the House of Commons as 
 provided 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 ISTorth-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 
 
 Readjustment 
 
 6. Upon the completion of the next quinquennial census aner^next.^ 
 for the said province the representation thereof shall forth- census 
 
1334 THE SASKATCHEWAN ACT 
 
 with be readjusted by the Parliament of Canada in guch 
 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 province 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. 
 
 feadjoatment (^) ^^^ 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. 
 
 ni'embers°of '^ • Until the Parliament of Canada otherwise provides the 
 
 Commons 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 jS[orth-West Territories. 
 
 Councn^^ ^" The executive council of the said province shall be 
 
 composed of such persons under such designations as the Lieu- 
 tenant Governor from time to time thinks fit. 
 
 seatof 9. Unless and until the Lieutenant Governor in Council of 
 
 government 
 
 the said province otherwise directs by proclamation under the 
 Great Seal the seat of government of the said province shall 
 be at Pegina. 
 
 Powers of 10. AH powcrs, authorities and functions which under any 
 
 Lieutenant '- ' . . „ r- i • a i • 
 
 Governor and law wcre before the coming into force of this Act vested m 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 
 
THE SASKATCHEWAN ACT 1335 
 
 or by the Lieutenant Governor individually as the case requires 
 subject nevertheless to be abolished or altered by the Legisla- 
 ture of the said province. 
 
 11. The Lieutenant Governor in Council shall as soon as Great seal 
 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. 
 
 13. There shall be a Legislature for the said province con- Legislature 
 sisting of the Lieutenant Governor and one House to be styled 
 the Legislative Assembly of Saskatchewan. 
 
 13. Until the said Legislature otherwise provides the Legis- Legisiatire 
 lative Assembly shall be composed of twenty-live 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 Election of 
 
 J. .1 ^ .,-, , , . . , , nienibersof 
 
 provisions ot tne law with regard to the constitution of the Assembly 
 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 election 
 of members thereof respectively. 
 
 15. The writs for the election of the members of the first Writs for 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. AH laws and all- orders and regulations made thej^'e- Laws, courts 
 under so far as they are not inconsistent with anything con- continued ' 
 tained in this Act or as to which this Act contains no provision 
 intended as a substitute therefor and all courts of civil and 
 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 Saskatchewan shall continue in the 
 said province as if this Act and The Alberta 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 Parliament of Canada or by the Legislature of the said 
 province according to the authority of the Parliament or of 
 the said Legislature : 
 
1336 
 
 ■t'HE SASKATCHEWAN AC* 
 
 Prov ise 
 
 Province may 
 abolish 
 Supreme 
 Court of 
 N.W. T. 
 
 Proviso 
 
 As to certain 
 corporations 
 in N.W.T. 
 
 Joint stoclc 
 companies 
 
 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 exercisable by any public 
 officer or ftmctionary 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 JSTorth-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 con- 
 stitutes a superior court of criminal jurisdiction the procedure 
 in criminal matters then obtaining in respect of the supreme 
 court of the ISTorth-West Territories shall until otherwise pro- 
 vided 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 pro- 
 cedure to be inapplicable to such superior court. 
 
 (3) All societies or associations incorporated by or under 
 the authority of the Legislature of the jSTorth-West Territories 
 existing at the time of the coming into force of this Act which 
 incliide within their objects the regulation of the practice ot 
 or the right to practise any profession or trade vo. the JS'^orth- 
 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 hicorporated by or 
 under the authority of any Ordinance of the North- West Ter- 
 ritories shall be subject to the legislative avithority of the 
 province of Saskatchewan if : 
 
 (a) The head office or the registered office of such com- 
 pany is at the time of the coming into force of this 
 f^ct situate in the province of Saskatchewan ; and 
 
 (5) The powers and objects of such company are such as 
 might be conferred by the Legislature of the said 
 province and not expressly authorised to be executed 
 in any part of the North- West Territories beyond 
 the limits of the said province. 
 
THE SASKATCHEWAN ACT 1337 
 
 17. Section 93 of The British North America Act i567 Education 
 shall apply to the said province with the substitution for para- 
 graph (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 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 1901 or with 
 respect to religious instruction in any public 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 sup- 
 port of schools organised and carried on .in accordance with 
 the said chapter 29 or any Act passed in amendmenti thereof 
 or in substitution therefor, there shall be no discrimination 
 against schools of any class described in the said chapter 29. 
 
 (3) Where the expression "by law" is employed in para- 
 graph (3) of the said section 93 is 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 
 subsidy to the province of Saskatchewan 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, ^°/„f°^*™- 
 fifty thousand dollars ; 
 
 (&) On an estimated population of two hundred and fifty JjP^°Py;[^j™ 
 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 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 imtil the population 
 has reached eight hundred thousand souls. 
 
 19. Inasmuch as the said province is not in debt it shall be Annuai^pay- 
 entitled.to be paid and to receive from the government of province 
 Canada by half-yearly payments in advance an annual sum 
 
133 S THE SASKATCHEWAN ACT 
 
 of four hundred and five thousand three hundred and seventy- 
 five doUars, 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. 
 
 to province*"" ^^- Inasmuch' as the said province will not have the public 
 Snds"^'"' land as a source of revenue, there shall be paid by Canada to 
 the province by half-yearly payments in advance an annu.al 
 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 simi payable until 
 such population reaches four hundred thousand shall be three 
 hundred and seventy-five thousand dollars; 
 
 Thereafter, until such population reaches eight hundred 
 thousnud the sura payable shall be five hundred and sixty-t^vo 
 thousand five hundred dollars; 
 
 Thereafter, until such population reaches one million t^vo 
 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. 
 
 Further (Q) A p an additional allowance in licu of public lands there 
 
 compensation *• ' ^ 
 
 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 neces- 
 sary public buildings the sum of ninety-three thousand seven 
 hundred and fifty dollars. 
 
 lanTs^'e'tc!" ^1. All crowu 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 adminis- 
 tered 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 iN'orth-West Territories. 
 
 ?iset«and' ^^- ^^^ properties and assets of the ISTorth-AYest Territories 
 
 bet'ween^ shall be di\'ided equally between the said province and the 
 sifiklcchewan pi'oviuce of Alberta and the two provinces shall be jointly and 
 equally responsible for all debts and liabilities of the North- 
 West Territories : 
 
THE SASKATCHEWAN ACT 1339 
 
 Provided that if any difference arises as to the division and Arbitration 
 adjustment of snch properties, assets, debts and liabilities such 
 difference shall be referred to the arbitrament of three arbi- 
 trators, one of whom shall be chosen by the Lieutenant Gov- 
 ernor in Council of each province and the third by the Gover- 
 nor in Council. The selection of such arbitrators shall not be 
 made until the Legislatures of the provinces have met and the 
 ai'bitrator chosen by Canada shall not be a resident of either 
 province. 
 
 33. ISTothing in this Act shall in any way prejudice or affect ^ b'co* 
 the rights or properties of the Hudson's Bay Company as con- 
 tained in the conditions under which that company surrendered 
 llupert's Land to the crown. 
 
 34. The powers hereby granted to the said province shall J^f^^'ji;™ ''"° 
 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 
 
 ISSI being An Ac' respectivg fJie Cnnndian Pacific Baihray 
 Compaiii/. 
 
 35. This Act shall come into force on the first day of Sep- ^"Ij^'j^^ffXt 
 tember, one thousand nine himdred and five. 
 
 SCHEDULE. 
 
 {Section 13.) 
 The nrovinee of Saskatche«-an shall be divided into twenty- Electoral 
 
 . . J divisions 
 
 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 divi- 
 sions 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 Souris, bounded as follows : Souris 
 Commencing at the south-east corner of the said province of 
 Saskatchewan; thence northerly along the east boundary of 
 the said province of Saskatchewan to the north boundary of 
 
13iO 
 
 THE SASKATCHEWAN ACT 
 
 Canrington 
 
 Moosoniin 
 
 White wood 
 
 the sixth township ; thence westerly along the said north boun- 
 dary of the sixth townships to the meridian between the tenth 
 and eleventh ranges west of the second meridian; thence 
 southerly along the said meridian between the tenth and 
 (eleventh ranges to the southern boundary of the said province 
 of Saskatchewan; thence easterly along the said southern 
 boundary of the province of Saskatchewan to the point of com- 
 mencement. 
 
 Cannington 
 
 bounded as 
 
 (2) The electoral division of 
 follows : 
 
 Commencing at the intersection of the eastern boundary of 
 the said province of Saskatchewan by the north boundary of 
 the sixth township ; thence northerly along the said eastern 
 boundary of the province of Saskatchewan to the north 
 boundary of the eleventh township ; thence westerly along the 
 said north boundary of the eleventh townships to the meridian 
 between the tenth and eleventh ranges west of the second meri- 
 dian; thence southerly along the said meridian between the 
 tenth and eleventh ranges to the north boundary of the sixth 
 township; thence easterly along the said north boundary of 
 the sixth townships to the point of commencement. 
 
 (3) The electoral division of Moosomin, bounded as fol- 
 lows : 
 
 Commencing at the intersection of the eastern boundary of 
 the said province of Saskatchewan by the north boundary of 
 the eleventh township ; thence northerly along the said eastern 
 boundary of the province of Saskatchewan to the north boun- 
 dary of the nineteenth township; thence westerly along the 
 said north boundary of the nineteenth townships to the second 
 meridian ; thence southerly along the said second meridian to 
 the north boundary of the eleventh township ; thence easterly 
 along the said north boundary of the eleventh townships to the 
 point of commencement. 
 
 (4) The electoral division of Whitewood, bounded as fol- 
 lows : 
 
 Commencins: at the second meridian where it is intersected 
 by the north boundary of the eleventh township ; thence 
 northerly along the said second meridian to the north boun- 
 dary of the twentieth township ; thence westerly along the said 
 north boundary of the twentieth townships to the meridian 
 between the fourth and fifth ranges west of the second meri- 
 dian; thence southerly along the said meridian between the 
 fourth and fifth ranges to the north boundary of the eleventh 
 township ; thence easterly along the said north boundary of the 
 eleventh townships to the point of commencement. 
 
THE SASKATCHB-WAN ACT 1341 
 
 (5) The electoral division of Grenfell, bounded as follows: Grenfeii 
 Commencing at the meridian between the fourth and fifth 
 ranges west of the second meridian where it is intersected by 
 the north boundary of the eleventh township ; thence northerly 
 along the said meridian between the fourth and fifth ranges to 
 the north boundary of the twentieth township ; thence westerly 
 along the said north boundary of the twentieth townships to 
 the meridian between the sixth and seventh ranges west of the 
 second meridian; thence northerly along the said meridian 
 between the sixth and seventh ranges to the north boundary of 
 the twenty-first township ; thence westerly along the said north 
 boundary of the twenty-first township to the meridian between 
 the seventh and eighth ranges west of the second meridian; 
 thence northerly along the said meridian between the seventh 
 and eighth ranges to the north boundary of the twenty-second 
 township ; thence westerly along the said north boundary of 
 the twenty-second township to the meridian between the eighth 
 and ninth ranges west of the second meridian; thence south- 
 erly along the said meridian between the eighth and ninth 
 ranges to the north boundary of the eleventh township ; thence 
 easterly along the said north boundary of the eleventh town- 
 ships to the point of commencement. 
 
 (6) The electoral division of Wolseley, bounded as follows : ^oiseiey 
 Commencing at the meridian between the eighth and ninth 
 
 ranges west of the second meridian where it is intersected by 
 the north boundary of the eleventh township ; thence northerly 
 along the said meridian between the eighth and ninth ranges 
 to the north boundary of the twenty-second township; thence 
 westerly along the said north boundary of the twenty-second 
 townships to the meridian between the tenth and eleventh 
 ranges west of the second meridian ; thence southerly along the 
 said meridian between the tenth and eleventh ranges to the 
 north boundary of the nineteenth township ; thence westerly 
 along the said north boundary of the nineteenth township to 
 the meridian between the eleventh and twelfth ranges west of 
 the second meridian ; thence southerly along the said meridian 
 between the eleventh and twelfth ranges to the north boundary 
 of the eleventh township ; thence easterly along the said north 
 boundary of the eleventh townships to the point of commence- 
 ment. 
 
 (7) The electoral division of Saltcoats, bounded as follows : Saltcoats 
 Commencing at the intersection of the eastern boundary of 
 
 the said province of Saskatchewan by the north boundary of 
 the nineteenth township; thence northerly along the said 
 
1342 TUB .SASKATCHEWAN ACT 
 
 eastern boundary of the province of Saskatchewan to the north 
 boundary of the thirty-fourth township ; thence westerly along 
 the said north boundary of the thirty-fourth townships to the 
 meridian between the third and fourth ranges west of the 
 second meridian; thence southerly along the said meridian 
 between the third and fourth ranges to the north boundary of 
 the twentieth township ; thence easterly along the said north 
 boundary of the twentieth townships to the second meridian; 
 thence southerly along the said second meridian to the north 
 boundary of the nineteenth township; thence easterly along 
 (he said north boundary of the nineteenth townships to the 
 point of commencement. 
 Yorkton j-g-j rpj^g electoral division of Yorkton, bounded as follows: 
 
 Oommencing at the meridian between the. third and fourth 
 ranges west of the second meridian where it is intersected by 
 the north boundary of the twentieth township; thence nor- 
 therly along the said meridian between the third and fourth 
 ranges to the north boundary of the thirty-fourth township; 
 thence westerly along the said north boundary of the thirty- 
 fourth townships to the meridian between the tenth and 
 eleventli ranges Avest of the second meridian; thence southerly 
 iilong the said meridian between the tenth and eleventh ranges 
 to the north boundary of the twenty-second township; thence 
 easterly along the said north boundary of the twenty-second 
 townships to the meridian between the seventh and eighth 
 ranges west of the second meridian ; thence southerly along the 
 said meridian between the seventh and eighth ranges to the 
 north boundary of the twenty-first township; thence easterly 
 along the said north boundary of the twenty-first township' to 
 the meridian between the sixth and seventh ranges west of the 
 second meridian ; thence southerly along the said meridian 
 between the sixth and seventh ranges to the north boundary of 
 the twentieth township ; thence easterly along the said north 
 boimdary of the twentieth townships to the point of commence- 
 ment. 
 
 South (9) The electoral division of South Qu'Appelle, bounded 
 
 Qu'Appelle ) / ^ '^ tl^ } 
 
 as lollows : 
 
 Commencing at the meridian between the tenth and eleventh 
 ranges west of the second meridian where it is intersected by 
 the southern boundary of the said province of Saskatchewan ; 
 thence northerly along the said meridian between the tenth 
 and eleventh ranges to the north boundary of the eleventh 
 township ; thence westerly along the said north boundary of 
 the eleventh township to the meridian between the eleventh 
 and twelfth ranges west of the second meridian; thence nor- 
 
THE SASKATCHEWAN ACT 1343 
 
 therly along the said meridian between the eleventh and twelfth 
 ranges to the north boundary of the nineteenth township; 
 thence westerly along the said north boundary of the nine- 
 teenth townships to the meridian between the sixteenth and 
 seventeenth ranges west of the second meridian; thence south- 
 erly along the said meridian between the sixteenth and seven- 
 teenth ranges to the southern boundary of the said province of 
 Saskatchewan; thence easterly along the said southern boun- 
 dary of the province of Saskatchewan to the point of com- 
 luencement. 
 
 (10) The electoral division of North Qu'Appelle, hounded Q°rj;^peiig 
 as follows : 
 
 Commencing at the meridian between the tenth and eleventh 
 ranges west of the second meridian where it is intersected by 
 the north boundary of the nineteenth township ; thence nor- 
 therly along the said meridian between the tenth and eleventh 
 ranges to the north boundary of the thirty-fourth township; 
 thence westerly along the said north boundary of the thirty- 
 fourth tov/Jishi])s lo the meridian between the sixteenth and 
 seventeenth ranges ^vest of the second meridian; thence south- 
 erly along the said meridian between the sixteenth and seven- 
 teenth ranges to the north boundary of the nineteenth 
 township; thence easterly along the said north boundary of 
 the nineteenth townships to the point of commencement. 
 
 (11) The electoral division of South Kegina, bounded as south Regina 
 follows :■ 
 
 Commencing at the meridian between the sixteenth and 
 seventeenth ranges west of the second meridian where it is 
 intersected by the southern boimdary of the said province of 
 Saskatchewan; thence northerly along the said meridian 
 between the sixteenth and seventeenth ranges to where it is 
 intersected by the centre of the track of the main line 
 of the Canadian Pacific Eailway; thence westerly along 
 the said centre of the track of the main line of the Canadian 
 Pacific Eailway to where it is first intersected by the north 
 boimdary of the seventeenth tovraship; thence westerly along 
 the said north boundary of the seventeenth townships to the 
 meridian between the twenty-third and twenty-fourth ranges 
 west of the second meridian ; thence southerly along the said 
 meridian between the twenty-third and twenty-fourth ranges 
 to the southern boundary of the said province of Saskat- 
 chewan; thence easterly along the said southern boundary of 
 the province of Saskatchewan to the point of commencement ; 
 excepting and reserving out of the said electoral division of 
 
1344 
 
 The SASKATCHEWAN ACT 
 
 Regina City 
 
 Lumsden 
 
 Moose Jaw 
 
 South Regina all that portion thereof comprised within the 
 limits of the city of Regina as incorporated by Ordinance of 
 the ISTorth-West Territories. 
 
 (12) The electoral division of Regina City, comprising 
 the city of Regina as incorporated by Ordinance of the ISTorth- 
 West Territories. 
 
 (13) The electoral division of Lumsden, bounded as fol- 
 lows : 
 
 Commencing at the meridian between the sixteenth and 
 seventeenth ranges west of the second meridian , wfrere it is 
 intersected by the centre of the track of the main line of the 
 Canadian Pacific Railway; thence northerly along the said 
 meridian between the sixteenth and seventeenth ranges to the 
 north boundary of the thirty-fourth township ; thence westerly 
 along the said north boundary of the thirty-fourth townships 
 to the meridian between the twenty-third and twenty-fourth 
 ranges west of the second meridian ; thence southerly along the 
 said meridian between the twenty-third and twenty-fourth 
 ranges to the point where it is first intersected by the east 
 shore of Last Mountain lake ; thence southerly along the said 
 east shore of the said lake to its intersection with the meridian 
 between the twenty-third and twenty-fourth ranges in township 
 twenty-four ; thence southerly along the said meridian between 
 the twenty-third and twenty-fourth ranges to the north boun- 
 dary of the seventeenth township; thence easterly along the 
 said north boundary of the seventeenth townships to where it is 
 first intersected by the centre of the track of the main line of 
 the Canadian Pacific Raiway; thence easterly along the said 
 centre of the track of the main line of the Canadian Pacific 
 Railway to the poin( of commencement. 
 
 (14) The electoral division of Moose Jaw, bounded as 
 follows : 
 
 Commencing at the meridian between the twenty-third and 
 twenty-fourth ranges west of the second meridian where it is 
 intersected by the southern boundary of the said province of 
 Saskatchewan; thence northerly along the said meridian 
 between the twenty-third and twfenty-fourth ranges to the 
 point where the said meridian intersects the east shore of Last 
 Mountain lake in township twenty-four; thence northerly 
 along the said east shore of Last Mountain lake to its intersec- 
 tion with the northern boundary of township twenty-six ; thence 
 westerly along the said north boundary of the twenty-sixth 
 townships to the meridian between the seventh and eighth 
 ranges west of the third meridian; thence southerly along the 
 
THE SASKATCHEWAN ACT 1345 
 
 said meridian between the seventh and eighth ranges to the 
 southern boundary of the said province of Saskatchewan; 
 thence easterly along the said southern boundary of the 
 province of ISaskatchewan to the point of commencement; 
 excepting and reserving out of the said electoral division of 
 Moose Jaw all that portion thereof comprised within the limits 
 of the city of Moose Jaw as incorporated by Ordinance of the 
 Xorth-West Territories. 
 
 (15) The electorixi division of Moose Jaw City, comprising Moose jaw 
 the city of Moose Jaw as incorporated by Ordinance of the 
 Xorth-West Territories. 
 
 (16) The electoral division of Maple Creek, bounded as Maple Creek 
 follows : 
 
 Commencing at the meridian between the seventh and 
 eighth ranges west of the third meridian where it is intersected 
 by the southern boundary of the said province of Saskat- 
 chewan ; thence northerly along the said meridian between the 
 seventh and eight ranges to the north boundary of the twenty- 
 sixth township ; thence westerly along the said north boundary 
 of the twenty-sixth townships to the western boundary of the 
 said province of Saskatchewan; thence southerly along the 
 said western boundary of the province of Saskatchewan to 
 the southern boundary of the said province of Saskatchewan ; 
 thence easterly along the said southern boundary of the pro- 
 vince of Saskatchewan to the point of commencement. 
 
 (17) The electoral division of Humboldt, bounded asHumboiat 
 follows : , 
 
 Commencing at the intersection of the eastern boundary of 
 the said province of Saskatchewan by the north boundary of 
 the thirty-fourth township; thence northerly along the said 
 eastern boundary of the province of Saskatchewan to the north 
 boundary of the forty-second township ; thence westerly along 
 the said north boundary of the forty-second tovraships to the 
 meridian between the twenty-fourth and twenty-fifth ranges 
 west of the second meridian; thence southerly along the said 
 meridian between the twenty-fourth and twenty-fifth ranges 
 to the north boundary of the thirty-fourth township; thence 
 easterly along the said north boundary of the thirty-fourth 
 townships to the point of commencement. 
 
 (18) The electoral division of Kinistino, bounded as fol-KiQisUno 
 lows: 
 
 Commencing at the intersection of the eastern boundary of 
 the said province of Saskatchewan by the north boundary of 
 iSe forty-second township; thence northerly along the said 
 
1346 THE SASKATCHEWAN ACT 
 
 eastern boundary of the province of Saskatchewan to the north- 
 east corner of the said province; thence wtesterly along the 
 northern boundary of the said province of Saskatchewan to the 
 meridian between the twenty-fourth and twenty-fifth ranges 
 west of the second meridian; thence southerly along the said 
 meridian between the twenty-fourth and twenty-fifth ranges to 
 the north limit of the Indian Eeserve Chief Muskoday ; thence 
 easterly along the said north limit of the Indian Eeserve Chief 
 Muskoday to the South Saskatchewan river thence along 
 the South Saskatchewan river up stream to the north 
 boundary of the forty-fifth township ; thence easterly along 
 the said north boundary of the forty-fifth townships to 
 meridian between the twenty-fourth and twenty-fifth ranges 
 west of the second meridian; thence southerly along the said 
 meridian between the twenty-fourth and twentyfifth ranges 
 to the north boundary of the forty-second township ; thence 
 easterly along the said north boundary t)f the forty-second 
 townships to the point of commencement. 
 
 Prince Albert (ig') The electoral division of Prince Albert, bounded as 
 follows : 
 
 Commencing at the meridian between the twenty-fourth 
 and twenty-fifth ranges west of the second meridian where it 
 is intersected by the northern boundary of the- said province 
 of Saskatchewan; thence westerly along the said northern 
 boundary of the province of Saskatchewan to the meridian 
 between the fifth and sixth ranges west of the third meridian ; 
 thence southerly along the said meridian between the fifth and 
 sixth ranges to the north boundary of the forty-seventh town- 
 ship ; thence easterly along the said north boundary of the 
 forty-seventh townships to the meridian between the first and 
 second rans;es west of the third meridian; thence southerly 
 along the said meridian between the first and second ranges 
 to the north lx)undary of the forty-sixth township; then'oei 
 easterly alons; the said north boundary of the forty-sixth town- 
 ships to the third meridian; thence sotitherly along the said 
 third meridian to the South Saskatchewan river ; thence along 
 the said South Saskatchewan river down stream to the north 
 limit of the Indian Reserve Chief Muskoday; thence westerly 
 along the said north limit of the Indian Eeserve Chief Musko- 
 dav to the meridian between the twenty-fourth and twenty- 
 fifth ranges west of the second meridian; thence northerly 
 alnna; the said meridian between the twenty-fourth and twenty- 
 fifth ranges to the priint of commencement; excepting and 
 reserving nut of the said electoral division all those portions 
 described as follows: 
 
THE SASKATCIIEWAM ACT 1347 
 
 Firstly, the city of Prince Alksrt as incorporated by 
 Ordinance of the North-West Territories ; and 
 
 Secondly, those portions of lots 68, 69, YO, 71, 72, 73, 7-1, 
 75, 76, 77, 78, 79, 80, 81 and 82 of the Prince Albert Settle- 
 ment which lie to the south of the said city of Prince Albert 
 as incorporated and that portion of the Hudson Bay reserve 
 outside of and adjoining the said city on the east and south 
 and which lies to the north of the production in a straight line 
 easterly of the southern boundary of the said lot 82 in the 
 Prince Albert Settlement; and 
 
 Thirdly, fractional sections 13 and 24 in the forty-eighth 
 township in the twenty-sixth range west of the second meri- 
 dian. 
 
 (20) The electoral division of Prince Albert City, com- P™e Albert 
 prising : 
 
 Firstly, the city of Prince Albert as incorporated by Ordin- 
 ance of the jSTorth-West Territories; and 
 
 Secondly, those portions of lots 08, 69, 70, 71, 72, 73, 74, 
 75, 76, 77, 78, 79, 80, 81 and 82 of the Prince Albert Settle- 
 ment which lie to the south of the said city of Prince Albert 
 as incorporated and that portion of the Hudson Bay reserve 
 outside of and adjoining the said city on the east and south 
 and which lies to the north of the production in a straight line 
 easterly of the southern boundary of the said lot 82 in the 
 Prince Albert Settlement; and 
 
 Thirdly, fractional sections 13 and 24 in the forty-eighth 
 tovmship in the twenty-sixth range west of the second meri- 
 dian. 
 
 (21) The electoral division of Batoche, bounded as f ollows : ^^'^'"'''^ 
 Commencing at the meridian between the twenty-third and 
 
 twenty-fourth ranges west of the second meridian where it is 
 intersected by the north boundary of the twenty-sixth town- 
 ship; thence northerly along the said meridian between the 
 twenty-third and twenty-fourth ranges to the north boundary 
 of tlie thirty-fourth township; thence westerly along the said 
 north boundai'y of the thirty-fourth township to the meridian 
 between the t^venty-fourth and twenty-fifth ranges west of the 
 second meridian; thence northerly along the said meridian 
 between the twenty-fourth and twenty-fifth ranges to the north 
 boundary of the forty-fifth township ; thence westerly along 
 the said north boundary of the forty-fifth townships to where 
 it first intersects the south Saskatchewan river; thence along 
 the said South Saskatchewan river up stream to the north 
 boundary of the fortieth township; thence easterly along the 
 
1348 
 
 THE SASKATCHEWAN ACT 
 
 Saskatoon 
 
 Rosthern 
 
 siiid iiortli boimdary of tlie fortieth townships to the meridian 
 between the lirst tmd second ranges west of the third meridian ; 
 thence southerly along the said meridian between the first and 
 second ranges to the north boundary of the twenty-sixth town- 
 ship; thence easterly along the said north boundary of the 
 twenty-sixth townships to the point of commencement. 
 
 (22) The electoral division of Saskatoon, bounded as fol- 
 lows: 
 
 Connuencing at the meridian between the first and second 
 i-anges west of the third meridian where it is intersected by 
 the uoi'th boundary of the twenty-sixth township; thence nor- 
 therly along the said meridian between the first and second 
 ranges to the north boundary of the fortieth township ; thence 
 westerly along the said north boundary of the fortieth town- 
 ship to the South Saskatchewan river; thence along the said 
 South Saskatchewan river down stream to the north boundary 
 of the forty -first township; thence westerly along the said 
 nordi boundary of the forty-first townships to the North Sas- 
 katchewan river; tlicuee along the said North Saskatchewan 
 river up stream to the uioridian between the thirteenth and 
 fourteenth ranges west of the third meridian ; thence southerly 
 along the said meridian between the thirteenth and fourteenth 
 ranges to the north boundary of the twenty-sixth township; 
 thence easterly along the said north boundary of the twenty 
 sixth townships to the point of commencement. 
 
 (23) The electoral division of Ilosthern, bounded as fol- 
 lows: 
 
 Commencing at the north boundary of the forty-first town- 
 ship where it is intersected by the South Saskatchewan river ; 
 thence along the said South Saskatchewan river down stream 
 to the third meridian; thence northerly along the said third 
 lueridian to the north boundary of the forty-sixth township; 
 thence westerly along the said north boundary of the forty- 
 sixth township to the meridian between the first and second 
 ranges west of the third meridian; thence northerly along the 
 said meridian between the first and second ranges to the north 
 boundary of the forty-seventh township ; thence westerly along 
 the said north boundary of the forty-seventh townships to the 
 meridian between the fifth and sixth ranges west of the third 
 meridian; thence southerly along, the said meridian between 
 tlie fifth and sixth ranges to the North Saskatchewan river; 
 thence along the said North Saskatchewan river up stream to 
 the north boundary of the forty-first township; thence easterly 
 along the said north boimdary of the forty-first townships to 
 tlie point of commencement. 
 
SASKATCHEWAN AND ALBERTA EOADS ACT 1349 
 
 (24) The electoral division of liedberry, bounded as fol- Reflberry 
 lows : 
 
 Commenciug at the meridian between the fifth and sixth 
 ranges west of the third meridian where it is intersected by 
 the Eorth Saskatchewan river; thence northerly along the said 
 meridian bet\veen the lifth and sixth ranges to the northern 
 boundary of the said province of Saskatchewan; thence west- 
 erly along the said northern boundary of the province of Sas- 
 katchewan to the meridian between the thirteenth and four- 
 teenth ranges west of the third meridian; thence southerly 
 along the said meridian between the thirteenth and fourteenth 
 ranges to the K orth Saskatchewan river ; thence along the said 
 !North Saskatchewan river down stream to the point of com- 
 mencement. 
 
 (35) The electoral division of Battleford, bounded as f ol- Battieford 
 lows : 
 
 Commencing at the meridian between the thirteenth and 
 fourteenth ranges west of the third meridian vi'uere it is inter- 
 sected by the north boundary of the twenty-sixth township; 
 thence northerly along the said meridian between the thirteenth 
 and fourteenth ranges, to the northern boundary of the said 
 province of Saskatchewan; thence westerly along the said 
 northern boundary of the province of Saskatchewan to the 
 western boundary of the said province of Saskatchewan ; thence 
 southerly along the said western boundary of the province of 
 Saskatchewan to the north boundary of the twenty-sixth town- 
 ship ; thence easterly along the said north boundary of the 
 twenty-sixth to^\^lships to the point of commencement. 
 
 xVPPE^'DIX F. 
 
 THE SASKATCHEWAN AND ALBERTA 
 ROADS ACT. 
 
 An Act respecting Roads and Road Allowances ini^sEd.viic 
 the Provinces of Saskatchewan and Alberta. 2ojiiiy, 1905 
 
 [Assented to July 20, 1905.] 
 
 HIS Majesty, by and with the advice and consent of the 
 Senate and House of Commons of Canada, enacts as 
 
 follows : 
 
province 
 
 1350 SASKATCHEWAN" AND AI.BEETA EOADS ACT 
 
 Short title 1. This Act may be cited as "The Sashatchewan and Alberta 
 
 Roads Act." 
 
 Certain road 3. All I'oad allowaiices in townships now or hereafter sur- 
 
 allowances -, ,, tti j.i iii 
 
 transferred to veyed and Subdivided and all road allowances set out on block 
 e provinces ^.^^^^ ^^^^ ^^ hereafter surveyed in the North- West Territories 
 within the limits of the province of Saskatchewan or the 
 province of Alberta as those provinces are defined in The 
 Saskatcheimn Act and The Alberta- Act respectively, the plans 
 of survey of which have been duly approved and the Dominion 
 lands comprised in such road allowances shall be vested in the 
 cro-wn in the right of the province within which such road 
 allowances are situate. 
 
 Survey of road 3. Qn the minister of the interior receivina; notice from 
 
 or trail before . t i- • i j i • i 
 
 transfer to the Lieutenant Governor m Council of either of the said pro- 
 vinces that it is desired that any public travelled road or trail 
 in the province which existed as such prior to the subdivision 
 of the land into sections shall be transferred to the province, 
 the Governor in Council may authorise and direct the survey 
 of such road or trail by a Dominion land surveyor. 
 
 Changes in (2) In making the survey, the surveyor may make such 
 
 changes in the location of the road or trail as he deems neces-< 
 sary for improving it, without, however, altering its main 
 direction. 
 
 Filing of sur- 4. The return of every such survey shall be made to the 
 
 vey to vest _ _ •' *' _ 
 
 lands in department of the interior; and upon a duplicate copy of such 
 
 returns approved by the surveyor general being filed in the 
 proper land titles office the public travelled road or trail, so 
 far as the lands within its limits are Dominion lands, as well 
 as the Dominion lands comprised therein shall vest in the 
 crown in the right of the province subject to the right of any 
 person who has acquired any interest in such lands. 
 
 roaTby ' """ ^' ^^^ Lieutenant Governor in Council of either of the said 
 province provinces may cause to be surveyed and marked on the ground 
 by a Dominion laud surveyor in accordance wdth the system 
 of Dominion lands survey obtaining in the locality, such new 
 roads as are from time to time deemed necessary to aid in the 
 development of any locality which cannot be conveniently 
 served by existing road allowances or other public highways; 
 such new roads to be of the width prescribed for the locality 
 by the manual of instructions for the survey of Dominion 
 lands. 
 
SASKATCHEWA>r AND ALBERTA KOADS ACT 1361 
 
 6. The returns of every such last-mentioned survey shall be Filing of 
 
 J 11 /■ 1 IT returns of 
 
 made to the department of the interior and upon a duplicate survey to 
 
 ■^ . -^ , . vest lands in 
 
 co])y of such returns, approved by the surveyor general, being province 
 filed in the proper land titles office the road or roads shown 
 thereon to have been surveyed as aforesaid, so far as the lands 
 within their limits are Dominion lands and the Dominion 
 lands comprised therein, shall vest in the crown in the right 
 of the province, subject to the right of any person who has 
 acquired any interest in such lands 
 
 7. All road allowances, public travelled roads or trails and ^?^^ 
 
 . ' ^ allowances 
 
 new roads m either of the said provinces hitherto transferred 'i"'^™*'!^, 
 
 . ^ transferred 
 
 to or for the use of the ISTorth-West Territories or subiectedI™™N.w.T. 
 
 . •'to provinces 
 
 to the direction, management or control of the Lieutenant 
 Governor in Council of the I^orth-West Territories so far as 
 the lands within their limits are Dominion lands and the 
 Dominion lands comprised therein shall be vested in the 
 crown in the right of the provinces in which they are situate. 
 
IN13EX 
 
 TO 
 
 THE PUBLIC GENERAL ORDINANCES 
 
 OF 
 
 THE NORTH-WEST TERRITORIES 
 
 ACTIONS, PAOE 
 
 See Choses in Action. 
 See Judicature. 
 See Limitation of Actions. 
 
 ACCIDENTS, 
 
 See Compensation to Families. 
 See Compensation to Workmen. 
 See Fire Investigation. 
 See Workmen's Compensation. 
 
 ADMINISTRATION, 
 
 See Judicature, Order XLVI. 
 See Public Administrators. 
 See Trustees. 
 
 ADVOCATES, 
 
 See Legal Profession. 
 
 AGENTS, 
 
 See Factors and Agents. 
 
 AGRICULTURE, 
 
 ■ See Agriculture Department. 
 See Agricultural Societies. 
 
 AGRICULTURE DEPARTAri<:NT (CO. 189S, c. 8 printed), 
 
 annual report, etc 14 
 
 appointment of officers aud clerks 13 
 
 duties of department 14 
 
 organisation, commissioner of agriculture 13 
 
 persons required to furnish information to department 14 
 
 province of department 13 
 
 short title 14 
 
 AGRICULTURAL SOCIETIES (1903, Sess. 1, c. 17, printed), 2,13 
 
 amalgamation for exhibition (See Exhibition) 3, 9 
 
 annual meeting (Sep Meetings of Society) 6 
 
 application for organisation (See Organisation) 3 
 
 assets and liabilities (See Report of Board of Directors) 7 
 
 auditors of joint boards (See Exhioition) 9 
 
 board of directors, annual report (See Report of Directors) .... 9 
 
 powers of (See Bylaws) S 
 
 powers of (See Real Estate) 8 
 
 board, of management of exhibitions (See Exhibitions) y 
 
 bylaws and regulations 8 
 
11 
 
 INDEX 
 
 AGRICUL-TURAL SOCIETIES— Continued. fAGE 
 
 commissioner may call meetings (See Officers of Society) B 
 
 authorise meeting of officers of society 6 
 
 "commlssiouer," meaning of (isee Intepretationj 
 
 company as member (See MembershiD) 5 
 
 conditions for payment of grants (See Grants) 9, *0 . 
 
 "department, ' meaning of 2 
 
 disorganisation of societies ' 10, li 
 
 appointment of liquidator 11 
 
 payment of liabilities 11 
 
 proceedings for 10 
 
 disposal of lands (See Real Estate) 8 
 
 directors' meetings 8 
 
 quorum of (See Quorum) 8 
 
 ten days notice in writing of 8 
 
 right to vote (See Exhibition) 8 
 
 duration of office (See Exisiing Societies Continued) '. 3, 5 
 
 election of officers (See Officers of Society) 
 
 exhibitions, auditors of joint board 9 
 
 directors voting 9 
 
 joint board of management 9 
 
 prize list to be sent to commissioner 9 
 
 union of societies for holding , 9 
 
 existing societies continued 3 
 
 expenditure of funds 9 
 
 experiments, agricultural (See Reporu of Board of Directors) .... 3,7 
 failure of societies, payment of liabilities (See Disor,;anisation 
 
 • of Societies) 11 
 
 fees (See Membership^ 4 
 
 firm as member of society (See Membership) 5 
 
 first meeting of members (See Organisation) 4 
 
 forms (See Schedule) 11, 12, 13 
 
 funds, expenditure of (See Objects of Societies) 3 
 
 grants 9 
 
 conditions for receiving 10 
 
 forfeiture , 5, 11 
 
 payment of 9 
 
 importation of seed, etc. (See Objects of Society) 2 
 
 incorporated company as member 5 
 
 insufficiency of officers (See Officers of Society) 6 
 
 interpretation, "commissioner" 2 
 
 "department" 2 
 
 "society" 2 
 
 land, disposition of (See Real Estate) 8 
 
 lease of society's land (See Real Estate) 8 
 
 Lieutenant Governor in Council, regulations by 11 
 
 liquidator, powers of (See Disorganisation of Society; li 
 
 meeting of members, first 4 
 
 report to be sent to department 4 
 
 meeting may be called by commissioner (/see Officers of Society; . 18 
 
 meetings of society, annual 6 
 
 notice of order of business 7 
 
 report of board of directors 7 
 
 suDStituted meetings 6 
 
 meetings of directors (See Directors' Meetings) 8 
 
 meetings, special (See Real Estate) 7, 8 
 
 See Notice b 
 
 membership, qualification for 4 
 
 company 5 
 
 firm 5 
 
 payment of fee 4 
 
 mortgage of society's lauds ( See Keal Estate) , 8 
 
 annual and other * 6 
 
 notice of meetings (See Directors' Meetings) 8 
 
 See Real Estate 8 
 
 objects of societies, improvement of agriculture, etc 2 
 
 iby affiliating and co-operating with other societies 3 
 
 by eradicating weeds 3 
 
INDEX m 
 
 AGRICULTURAL SOCIETIES— ConfinucrZ. I"AGE 
 objects of societies — Continued. 
 
 by exhibitions and awarding prizes for excellence 2 
 
 invention 2 
 
 production 3 
 
 by experiments in growing croi)a ' '' 
 
 by importation of seed, animals, etc 2 
 
 by literature 2 
 
 by prizes for contributed essays ^ 
 
 officers of society • • • • 5 
 
 annointment by commissioner (aee Superintendent of Fairs) 5 
 
 elected by members for current year ^ 
 
 failure to act • • • ■ ° 
 
 secretary treasurer ^ 
 
 vacancy, how filled ^ 
 
 when elected ^ 
 
 to give security ® 
 
 office, duration of (See Existing Societies Continued) 3, 5 
 
 order of business (See Meeting of Society) , '^ 
 
 organisation of societies 3 
 
 application to be signed by fifty persons 3 
 
 to -be transmitted to commissioner 4 
 
 verification by affidavit 4 
 
 certificate by commissioner of 4 
 
 first 4 
 
 membership fees 4 
 
 pajTnent of fees (See Membership) 4 
 
 grant (See Grant) 9 
 
 money by society (See Expenditure) 3 
 
 of funds 3 
 
 penalty for not transmitting reports. (See Returns) 8 
 
 power of directors (See Officers) 5 
 
 (See Real Estate) • 8 
 
 prize list to be sent to commissioner (See Exhibitions) 9 
 
 qualification for membership (See, Membership) 4 
 
 voters and officers. (See Officers of Society) 5 
 
 quorum at meeting of society 8 
 
 directors 8 
 
 real estate 8 
 
 regulations and bylaws. (See Bylaws) 8 
 
 by Lieutenant Governor in Council 11 
 
 repeal 11 
 
 report of meetings sent to department 4, 8 
 
 report of directors 7 
 
 presented at annual meeting 7 
 
 to contain assets and liabilities 7 
 
 minutes of meetings 7 
 
 particulars of members 7 
 
 prizes distributed 7 
 
 report of experiments '. 7 
 
 statement of receipts 7 
 
 returns to be transmitted to dej.)arlmeut 8 
 
 penalty for noncompliance 8 
 
 schedule 11, 13 
 
 secretary treasurer (See Officers of ^^ociety) 5 
 
 security by (See Officers of Society) 5, 6 
 
 seed, etc. (See Objects of Society) 2 
 
 short title 2 
 
 societies, disorganisation of (See Disorganisation of Societies) .. 10,11 
 
 existing, continued (See Existing Societies continued) 3 
 
 meeting of (See Meeting of Societies) 4,6 
 
 officers of (See Officers of Societies) 5 
 
 organisation of (See Organisation of Societies) 3 
 
 "society," meaning of (See Interpretation) 2 
 
 substituted meeting (See Meeting of Society) 6 
 
 superintendent of fairs appointed by commissioner 5 
 
 term of of office (See Existing Societies Continued) 3, 5 
 
 union of societies for holding exhibitions (See Eshibition) 9 
 
 vacancy in office (See Officers of Society) 6 
 
 voters and officers, qualification of. (See Officers of Society) 4,5 
 
IV lAbEX 
 
 AID TO HOSPITALS (CO. 1S9S, c 29, printed) f^oE 
 
 See Hospitals. 
 
 ALIMONY, 
 
 jurisdiction of the supreme court of the Territories in alimony . . 15 
 
 ANIMALS, 
 
 See Brands. 
 
 See Entire Animals.- 
 
 See Game. 
 
 See Herding of Animals. 
 
 See Horse Breeders. 
 
 See IProtection of Stock. 
 
 See Pound Districts. 
 
 See Protection of Animals from Dogs. 
 
 See Stock Injured hy Railway Trains. 
 
 See Stray Animals. 
 
 ARBITRATION (CO. 1898. c. 35. printed), 
 
 arbitrator appointed by one party, falling appointment by other 
 
 party may act a^one 17 
 
 in place of arbitrator unwilling or unable to act. . . .^ 17 
 
 powers of 17 
 
 guilty of misconduct may be removed and award set aside .... 18 
 
 award, enlargement of time for making 18 
 
 attendance of witnesses, issue of writs of subpoena ad testificandum 
 
 and duces tecum 18 
 
 issue of writs of habeas corpus ad testificandum 19 
 
 award improperly procured may be set aside : ■ • 18 
 
 award to be final 20 
 
 costs in discretion of arbitrators or umpire 20 
 
 cost of orders ' 19 
 
 court may remit to arbitrators for reconsideration IS 
 
 direction for arbitration shall be deemed a submission 19 
 
 enforcement of award 18 
 
 Interpretation, '"court" 16 
 
 "judge" 16 
 
 "rules of court" ' : 16 
 
 "submission" 16 
 
 references by consent out of court 16 
 
 removal of arbitrator . . .' 18 
 
 schedule 19 
 
 , arbitrators failing umpire to act 19 
 
 award to be in writing 19 
 
 time for and enlargements 19 
 
 examination may be on oath 20 
 
 of parties for production of documents 20 
 
 single arbitrator to act -unless reference otherwise provides .. 19 
 
 time for umpire's award 19 
 
 umpire to be appointed by two arbitatcrs ', 19 
 
 setting aside award ] g 
 
 short title 15 
 
 submission irrevocable Ig 
 
 includes provisions in schedule Ig 
 
 party to, may obtain stay of legal proceedings Ig 
 
 special case for ooinion of courts j^g 
 
 witnesses, summoning of and production of documents IS 19 
 
 ASSESSMENT, 
 
 See Assessment of Railways. 
 eee Irrigation Districts. 
 itee Local Improvements. 
 See Municipal. 
 See School. 
 See Village. 
 
INDEX V 
 
 ASSESSMENT OP RAILWAYS (CO. 189S, c 71 printed), pack 
 
 annual statement by railway companies to municipalities and senool 
 
 districts 20 
 
 assessment of land, roadway and superstructure 21 
 
 collection of taxes 21 
 
 exemption as regards certain debenture indebtness ! 21 
 
 lands to be assessed 21 
 
 notice of assessment .......! 21 
 
 taxes payable to municipality or school district, collection of '. . . 21 
 
 ASSEMBLY, 
 
 See Elections. 
 
 See Controverted Elections. 
 
 See Legislative Assembly. 
 
 ASSIGNMENTS, 
 
 See Assignments tor Creditors. 
 
 See Choses«in Action. 
 
 See Preferential Assignments. 
 
 ASSIGNMENTS FOR CREDITORS (1900, c. U printed), 
 
 assignee to be resident of judicial district of assignor 22 
 
 ASSOCIATIONS, 
 
 See Cemeteries. 
 
 See Companies. 
 
 See Dairying Associations. 
 
 See Mecbanlns' and Literary Institutes. 
 
 See Partnership. 
 
 See Pharmaceutical Association. 
 
 See Societies. 
 
 ATTORNEY GENERAL'S DEPARTMENT (CO. 1898, c. 6 printed), 
 
 appointment of offia-rs and clerks ". , 24 
 
 attorney general's powers and duties 23 
 
 duties of the attorney general 23, 24 
 
 former acts legalised 24 
 
 Organisation of department 23 
 
 powers of attorney general 23, 24 
 
 short title 23 
 
 AUCTIONEERS, HAWKERS AND PEDLERS (CO. 1S9S, c. 58 printed), 
 
 auctioioer, license must be obtained by 25 
 
 expires December 31 25 
 
 fees : . . . 25 
 
 issue of 25 
 
 fees on issue of licenses 25 
 
 "hawker," interpretation 24 
 
 license must be obtained by 25 
 
 application for statement to be furnished ' 25 
 
 expires December 31 25 
 
 fee 25 
 
 issue of 25 
 
 Bala's by. limited to goods set forth in application 25 
 
 interpretation 24 
 
 license to auctioneer, hawl;er or pedler, statement to be furnished. . 25 
 
 duration of 25 
 
 fees 25 
 
 municipalities excepted from operation of Ordinance 25 
 
 'pedler," interpretation 24 
 
 ' license must be obtained by 25 
 
 application for statement to be furnished 25 
 
 duration of 25 
 
 fee 25 
 
 issue of 25 
 
 sales by, limited to soods set forth in application 25 
 
 penalty for violation of Ordinance 25 
 
 sales by hawker or pedler limited to goods set forth in application 
 
 for license ..,,,,,,,,,,, 25 
 
71 INDEX 
 
 AUDIT, ^^™ 
 See Local Improvement Districts. 
 ySee Municipal. 
 See Official Auditors. 
 See Schools. 
 
 See Treasury Department. 
 See Villages. 
 
 BEET SUGAR FACTORIES (1901, c. 24 printed). 
 
 assessment prohibited ' • ■ 26 , 
 
 exemption from .taxation 26 
 
 no assessment to be made by any municipality, etc., for twenty 
 
 years 26 
 
 not to affect existing municipalities 26 
 
 BENEVOLENT AND OTHER SOCIETIES (CO. 1898, c. 66 printed), 
 
 benefits to members exempt from claims by creditors, or personal 
 
 representative 28 
 
 payment of, in good faith to "wrong person 28 
 
 recovery by person entitled 28 
 
 branches may be established 27 
 
 bylaws, rules and regulations, power to make, to alter or rescind. . 27 
 
 certificate, judge's, on declaration of incorporation 27 
 
 defect in form not to invalidate incorporation 27 
 
 of incorporation, effect of as evidence 30 
 
 application to judge for 30 
 
 evidence required on 30 
 
 practise and costs on 30 
 
 contents of 29 
 
 issue by 'thte ' clerk of court 29 
 
 registrar's, on copy of declaration 29 
 
 on copy judge's order 31 
 
 change of name or purposes 31 
 
 certified copy order evidence of change 31 
 
 judge's order 31 
 
 proceedings for 31 
 
 rights and obligations of society not affected by 31 
 
 declaration of incorporation 27 
 
 certificate of judge to be indorsed on 27 
 
 defect in form not to invalidate incorporation 29 
 
 duplicate, to be in 27 
 
 filing with registrar 27 
 
 fees for 27 
 
 certified copy to be evidence 29 
 
 defects In form of judge's certificate, etc., no invalidity by reason of 29 
 
 exchange of lands by society 29 
 
 forms approval of by Lieutenant Governor in Council, effect of 31 
 
 Incorporation, purposes of 26 
 
 proceedings for 27 
 
 lands (See Powers of Society) . 28 
 
 lease of lands by society . . . .' 29 
 
 liability of persons under age to pay fees, etc 28 
 
 minors, liability to pay fees, etc. . . . •. 28 
 
 mortgage lands, power to 29 
 
 officers, power to appoint 27 
 
 powers of society 27 
 
 branches, establishment of 27 
 
 bylaws, passing of 27 
 
 lands, as to acquiring, etc., limited 28 
 
 sale, mortgage, etc., of, by society 29 
 
 sale of lands by society 29 
 
 secretary, power to appoint 27 
 
 short title , 26 
 
 statement of real property, etc., held, to be furnished when required 31 
 
 treasurer, power to appoint 27 
 
 trustees, power to appoint 27 
 
 union of societies or branches for purpose of building, etc 27 
 
INDEX Vll 
 
 BILLS OF SALE (CO. 1S98, c. 43, 1900, c. 12 printed), page 
 
 affidavits and affirmations, who may administer 43 
 
 fee for administering 43 
 
 agent's authority for tailing or renewal of instruments 40 
 
 may be general 40 
 
 "assignee" includes agent or manager of incorporated company. ... 40 
 
 assignment, filing of 41 
 
 to be filed before renewal of mortgage 40 
 
 "bargainee" includes agent or manager of incorporated company. ... 40 
 
 book, register to be kept by registration clerk 37 
 
 register of seed grain mortgages ' 37 
 
 crops, a preferential security . . ' 37 
 
 crop must be sown within one year of mortgage 37 
 
 growing or future security on 37 
 
 particulars to be stated in mortgage and affidavit 37 
 
 separate register of, to be Kept by registration clerk 37 
 
 statement to be contained in affidavit of bona fides 37 
 
 valid only if for purchase price, etc., of seed grain 37 
 
 default, cause for seizure by mortgagee . ' 37, 38 
 
 procedure under mortgage on 37 
 
 description of property in instrument to be full. 36 
 
 assignment for benefit of creditors, exception as to 36 
 
 districts, registration 32, 33 
 
 errors, rectification of ' 40 
 
 evidence, certified copy of, instrument to be 42 
 
 registration clerk's certificate of filing to be 43 
 
 false statements in instruments, etc., effect of 37, 43 
 
 fees for filing seed grain mortgage ' 43 
 
 for administering affidavits, etc 43 
 
 for filings, copies, searches and certificates 43 
 
 holiday, time for filing expiring on 43 
 
 mortgages of chattels 34 
 
 - registration of, within thirty days 34 
 
 effect of 34 
 
 form of 35 
 
 have effect only in registration district where Registered .... 44 
 
 affidavits of execution and bona fides to accompany 36 
 
 to secure future advances or to indemnify 35 
 
 form of 35 
 
 when new districts formed 45 
 
 "mortgagee" includes agent or manager of incorporated company. . 40 
 
 new districts 45 
 
 omission to roTiister instrument, effect of ' 40 
 
 omission, rectification of 40 
 
 register to be kept by registration clerk 37 
 
 of seed grain mortgages to be kept 37 
 
 reei=tration to be in distrirt where nronertv «itnate 36 
 
 registration clerks for existing districts continued 33 
 
 anoointment of 33, 34 
 
 office hours 34 
 
 inspection of office (See Inquiries Concerning Public Matters) 373 
 
 not to prepare instruments, etc 34 
 
 duties as regards registration f 37 
 
 registration districts existing, alteration of boundaries 32, 33 
 
 new may be continued 33 
 
 removal of chattels from registration district 42 
 
 morttagee to receive twenty days prior notice . .• 42 
 
 certified copy of mortgage to be filed within three weeks in dis- 
 trict to which goods are removed 42 
 
 renewal of mortgage ■ ■ ■ ■ ■ 38 
 
 statement to be filed within two years and yearly thereafter 38, 39 
 
 form of 39 
 
 affidavit verifving to accompany 39 
 
 pergonal representatives of assignee may make 38 
 
 sale of goods,, etc., without immeaia^e delivery 35 
 
 to be bv convevance in writing 36 
 
 registration within thirty days required 36 
 
 affidavits of eixgcutjon and hona fides to accompany 36 
 
VIH INDEX 
 
 BILLS OF SALE — Continued. page 
 sale of goods, etc. — Continued. 
 
 effect of 36 
 
 has effect only In district w^i^re registered 36 
 
 seed grain mortgages (See Crops) 37 
 
 short title 32 
 
 Sunday, time for filing expiring on 43 
 
 time for filing 34, 36, 43 
 
 BIRDS, 
 
 See Game. 
 
 See Useful Birds. 
 
 BIRTHS, 
 
 See Vital Statistics. 
 
 BOARDING HOuSE KEEPERS, 
 
 See Keepers of Hotels and Boarding Houses. 
 
 BOARDING STABLES, 
 See Livery Stables. 
 
 BOILERS INSPECTION, 
 See Steam Boilers. 
 
 BRANDS (1900, c. 20, printed), 
 
 brand, meaning of (See Interpretation) 46 
 
 brands, their nature, ownership, use and significance 47 
 
 commissioner may allot 47 
 
 conflicting (See Cancellations) 49 
 
 exclusive right to 48 
 
 fraudulent (See Offences and Penalties) : . . . 50 
 
 form of 47 
 
 recorder of (See Record of Brands) 48 
 
 record of (See Record of Brandsj 48 
 
 cancellation 49 
 
 "cattle," meaning of (See Interpretation) 47 
 
 certificate of brand prima facie evidence 48 
 
 "character" (See Interpretation) 47 
 
 change in record 49 
 
 commissioner may allot brand on cancellation 49 
 
 cancel conflicting brands 49 
 
 "commissioner," meaning of (See Interpretation) 46 
 
 condition of transfer (.dee Transfer) 49 
 
 conflicting brands (See Cancellation) 49 
 
 contravention, penalties for (See Penalties) 50, 51 
 
 defacement of brands (See Offences and Penalties 1 50, 51 
 
 extracts from records (See Brands) 48,52 
 
 "department," meaning (See Interpretation) 46 
 
 fee for extracts from records 48, 52 
 
 tariff of 52 
 
 forms 51 
 
 form of brands (See Brands) 47 
 
 fraudulent branding (See Offences and Penalties) 50,51 
 
 "horse," meaning of 47 
 
 Indians on reserve not allowed brands 48 
 
 interpretation 46 
 
 "brand" 47 
 
 "cattle" ■ 47 
 
 "character" 47 
 
 "commissioner" 46 
 
 "department" 46 
 
 "horse" 47 
 
 "owner" 47 
 
 "recora 47 
 
 "stock" 47 
 
 "venf 47 
 
 number of brands • • 49 
 
INDEX IX 
 
 BRANDS— Co)i<i/i«e(?. 
 
 ofEences and penalties, altering or defacing brands 50^™ 
 
 altering or defacing brands .... ^n Vi 
 
 branding with unrecorded brands ....'.■.■,■ 50 51 
 
 fraudulent branding m'W 
 
 "owner," meaning of (See Interpretation) '47 
 
 penalties for contravention of Ordinance (See Offences and 
 
 Penalties) 50 
 
 recorder of brands 40 
 
 record of brands ■■...............'.'. 48 
 
 application for allotment of brand 48 
 
 certificate of 4g 
 
 change in 49 
 
 extracts from 48 
 
 publication of ............................'. 48 49 
 
 "record" (See Interpretation, Change in Record and Record of 
 
 Brands) 47, 48, 49 
 
 repeal g-j^ 
 
 short title '. ......................'. 46 
 
 "stock," meaning of (See Interpretation) 47 
 
 tariff of fees 52 
 
 transfers of stock vent on (See Vent) .........." 50 
 
 recording of, where owner is dead or absent 50 
 
 conditions attached to 50 
 
 unrecorded brand, use of (See Offences and Penalties) , 50, 5t 
 
 unused brands (See Cancellations) 49 
 
 use of unrecorded brand (See Offences and Penalties) 50, 51 
 
 "vent," meaning of (See Interpretation) 47 
 
 on transferred stock 50 
 
 BULLS, 
 
 See Entire Animals. 
 
 BUTTER AND CHEESE, 
 
 See Dairy Associations. 
 
 CEMETERIES (CO. 1898, c. 68 printed), 
 
 book of record of bylaws and proceedings 57 
 
 for management of cemetery and erection of monuments 59 
 
 shareholders to have free access to 59 
 
 burials, record of 59 
 
 rights to search and make extracts therefrom 59 
 
 bylaws, directors may pass 59 
 
 record to be kept • 59 
 
 cemetery and bindings, etc., to be kept in repair 58 
 
 to be drained 58 
 
 exempt from taxation or seizure 59 
 
 to be enclosed 58 
 
 companies formed under R.O., c. 24, continued subject to this 
 
 Ordinance 59 
 
 conveyance, directors may by bylaws empower president to execute 57 
 
 directors, annual election of 57 
 
 quorum 57 
 
 choice of first . 57 
 
 qualification of 57 
 
 funerals, proper conduct of 59 
 
 graves not to be near buildings 59 
 
 incorporation, conditions and procedure 53 
 
 instrument to be executed by shareholders on formation of com- 
 pany 53, 54 
 
 duplicate to be deposited with Territorial secretary 53 
 
 interest on paid up stock • ,• • 56 
 
 land to be held and conveyed for purposes of cemetery onlj 55 
 
 liability of trustees 55, 60 
 
 lots exempt from taxation and seizure .... 59 
 
 notice of formation of proposed company to be published in 
 
 gazette 53 
 
 owners of lots, rights of o"^ 
 
X INDEX 
 
 CEMETERIES — Continued. page: 
 
 penalty lor fouling water 58 
 
 suit for recovery of 58 
 
 limitation of time for 58 
 
 for misconduct in cemetery 58 
 
 poor, graves for to be furnished free 59 
 
 powers of company 68 
 
 president, election and duties of 56 
 
 record of burials 57 
 
 of bylaws and proceedinss 59 
 
 regulations, trustees may frame 57 
 
 record of to be kept 59 
 
 reservation of part of cemetery lor exclusive use oi religious society 
 
 or congregation 57 
 
 sales, application of proceeds of 56 
 
 lot of any size may be sold 56 
 
 shareholder, rights of 56 
 
 who is a 56 
 
 short title ' 53 
 
 stock, amount adequate to purchase ground to be subscribed on 
 
 formation of company 53 
 
 twenty-flve per cent, to be paid on formation of company .... 53 
 
 receipt for to be deposited with Territorial secretary 53 
 
 not represented by land in cemetery may be repaid to share- 
 holders 56 
 
 calls on 57 
 
 forfeiture for nonpayment of 57 
 
 directors may remit if call paid 57 
 
 strangers graves for, to be furnished free 58 
 
 transfers of land to be registered within twelve months 55 
 
 trustees appointed under Ordinance No. 5 of 1892 continued and 
 
 subject to this Ordinance 54 
 
 board of, organisation of 55 
 
 liability of 55, 60 
 
 successors to, appointment of 55 
 
 voters upon election of directors, qualification of 57 
 
 water, fouling, penalty for 58 
 
 suit for recovery, of 58 
 
 limitation of time for 58 
 
 damages, civil action for 58, 59 
 
 CHATTEL MORTGAGES, 
 See Bills of Sale. 
 
 CHEESE, 
 
 See Associations. 
 
 CHANGING NAMES OF COMPANIES, 
 See Companies. 
 
 CHEMISTS AND DRUGGISTS, 
 
 See Pharamceutical Associations. 
 
 CHILDREN, 
 
 See Illegitimate. 
 
 See Infants. 
 
 See Insurance. 
 
 See Support- of Illegitimate Children. 
 
 CHIMNEYS, 
 
 See Construction of Chimneys. 
 
 CHURCH LANDS. 
 
 See Real Property. 
 
 CHOSBS IN ACTION (CO. 1898, c. 41 printed), 
 
 action for debts on assignment 61 
 
 assignee, meaning of term 61 
 
INDEX XI 
 
 CHOSES IN ACTlWi^— Continued. page 
 
 assignment of debts and choses in action 60 
 
 assignee's rights after notice to debtor 61 
 
 equities of debtors against assignor before notice 61 
 
 negotiable instruments 62 
 
 securities transferable by delivery 61 
 
 CIVIL JUSTICE. 
 
 See Judicature. 
 
 CIVIL. SERVICE, 
 
 See Departments. 
 See Public Service 
 
 CLERK OF COURT AND DEPUTIES (CO. 189S, c. 22 printed), 
 
 books and forms to be furnished by and be the property of the 
 
 government 67 
 
 deputy clerk appointment 63 
 
 districts 63 
 
 powers and duties 63, 64 
 
 actions to be commenced and carried on in the deputy clerk 
 
 district 63 
 
 appeals from convictions 64 
 
 examination for discovery 64 
 
 guardianship of infants 64 
 
 guardianship of estates 64 
 
 inspection of offices pending business to be completed in office 
 
 where pending 65 
 
 probate matters 65 
 
 proceedings commenced without writ 64 
 
 seal and books to be as clerks 64 
 
 disposition of proportion of fees received by Territorial treaurer 69 
 
 fees and returns ,. 67 
 
 fees in chamber matters 67 
 
 annual return under oath 68 
 
 chamber book to be kept 67 
 
 fees retained by clerk 68 
 
 fee cook to be kept 67 
 
 fee book to be kept open for inspection 68 
 
 proportion to be transmitted to Territorial treasurer 69 
 
 Interpretation, "clerk" 67 
 
 "fees" 67 
 
 oaths of office and allegiance 66 
 
 to be filed with clerk of the executive council 66 
 
 oath of office 69 
 
 penalty for failure to keep books 69 
 
 nontransmission of annual statement 69 
 
 required proportion of fees 69 
 
 process issuers appointment, returns, etc 65 
 
 prohibition from practise as advocate while holding office 67 
 
 responsibility of clerks for deputies ceases after security given. ... 66 
 
 salary, remuneration by ■ 68 
 
 security of clerks and filing of copy 68 
 
 may be sued upon oo 
 
 certified copy prima facie evidence 65 
 
 security of deputy clerks 65 
 
 right of actions on ■ oo 
 
 vacancy, disposition of books, etc 66 
 
 forcible recovery of books, etc bb 
 
 COAL MINES (CO. 1898, c. 16), 
 
 abandonment of mines '"■'"' °g 
 
 accidents to be reported ^° 
 
 age of employees • „, 
 
 misrepresentation as to ^g 
 
 change of name of mine ^^ 
 
 owner of mine . . • • ^g 
 
 entrances, regulations, etc ■ 
 
 examining board for managers, etc 71,70 
 
XU IKDEX 
 
 COAL MINES — Continued. page 
 
 fire boss 82, 89 
 
 general rules for operation of mines 91 
 
 information for commissioner 80 
 
 inspectors, powers and duties of 70, 71 
 
 interpretation , 74 
 
 managers of mines, to be employed 74 
 
 certificates to 78 
 
 new shafts, opening 80 
 
 notices 79 
 
 nuisances 73, 90 
 
 offences and penalties 71, 76 
 
 persons not allowed to work in mines 81 
 
 pit boss .' 71, 74 
 
 plans of mines 72 
 
 precautions for safety of persons employed 91 
 
 register of employees 77 
 
 regulations and forms 82, 89 
 
 reports and returns 82 
 
 rules, general 89 
 
 special 89 
 
 safety of persons employed in mines 72, 82 
 
 shafts 70, 71, 78 
 
 short title 70 
 
 working mine prohibited for breach of Ordinance 73 
 
 COLLEGE OF PHYSICIANS AND SURGEONS, 
 See Medical Profession. 
 
 COMMISSIONERS FOR OATHS (CO 1S98, c. 24 printed), 
 
 commissioners for taking affidavits within the Territories 93 
 
 advocates of the Territories shall be 93 
 
 appointment by Lieutenant Governor 93 
 
 commissioners for taking affidavits, etc., without the Territories . . 93 
 
 style of 93 
 
 COMMISSIONER OP EDUCATION, 
 See Schools. 
 
 COMMISSIONER OF PUBLIC WORKS, 
 See Public Works. 
 
 COMMISSIONERS IN PUBLIC MATTERS, 
 
 See Inquiries Concerning Public Matters. 
 
 COMMON TENANCY, 
 
 See Real Property. 
 
 COMPANIES, 
 
 See Cemeteries. 
 
 See Companies (principal Ordinance). 
 
 See Companies winding up. 
 
 See Foreign Companies. 
 
 See Mutual Fire Insurance Companies 
 
 See Trust Companies. 
 
 See Water, Gas, Electric and Telephone Companies. 
 
 COMPANIES' (1901, c. 20 printed), 
 
 administration (See Powers, Management and) 118 
 
 adjustment of calls and dividends (See Powers, etc., part III) ... . 121 
 
 adjournment (See Statutory Meeting) 140 
 
 allotment of shares (See Powers, Management, etc., part III).... 135 
 
 alteration of name of company (See Change of name) 130 
 
 alteration of objects of comjjany (See Powers, etc., part III) 127 
 
 alteration of regulations (See Powers, etc., part III) " 141 
 
 annual summary (See Distribution of Capital, part III) 104 
 
 See Share Warrant Powers, etc., part III 125 
 
INDEX Xlll 
 
 COMPANIES — Continued. page 
 
 application to existing companies, part IV 148 
 
 compulsory registration of existing companies 151 
 
 penalty for default 151, 152 
 
 registration of existing companies 148 
 
 application for 148 
 
 certificate of registration 150 
 
 conclusive evidence 150 
 
 continuation of existing suits 150 
 
 obligations previously incurred 148 
 
 varying objects 149 
 
 arbitration (See Powers, etc., part III) 147 
 
 articles of association (See Constitution, etc., part I) 97 
 
 association (See Articles of Association) 97 
 
 See Associations for Gain ; 95 
 
 See Memorandum of 95 
 
 associations for gain 95 
 
 attorney (See Powers, etc., part III) 143 
 
 audit (See Powers, etc., part III) 145 
 
 auditors (See Powers, etc., part III) 145 
 
 balance sheet (See False Statement) 147 
 
 borrowing powers (See Powers, etc., part III) 132 
 
 debenture 132 
 
 hypothecation ; 132 
 
 mortgage '. 132 
 
 pledge 132 
 
 various securities 132 
 
 calls on shares (See Powers, etc., part III) 120 
 
 capital, conversion into stock (See Distribution of Capital, 
 
 part II) .- 105 
 
 distribution of (See Distribution of Capital, part II) 102 
 
 increase of (See Powers, etc., part III) 129 
 
 reduction of (See Powers, etc., part III) 123 
 
 certificate of incorporation (See Constitution, etc., part I) 99 
 
 certificate of registration of existing company (See Application 
 
 to Existing Companies, part IV) 150 
 
 change of name (See Constitution, incorporation and Registration, 
 
 part I ) 100 
 
 (See Powers, Management and Administration, part III) . . 131 
 
 closing of register (See Distribution of Capital, etc., part II) .... 106 
 commission on shares only if authorised by articles of association 
 
 (See Powers, etc., part III) 137 
 
 company, interpretation, preliminary 94 
 
 compulsory registration of existing companies (See Application 
 
 to Existing Companies, part IV) 151 
 
 concealing names of creditors on reduction of capital (See Powers, 
 
 etc., part III) 127 
 
 confirmation of alteration of objects (See Powers, etc., part III).. 127 
 
 confirmation of reduction of capital (See Powers, etc., part III).. 124 
 
 consolidation of shares (See Distribution of Capital, etc., part II) . 104 
 
 constitution, incorporation and registration, part 1 95 
 
 articles of association 97 
 
 contents of 97 
 
 effect of 98 
 
 signature and alteration of 98 
 
 statutory regulations in table "A" apply to company, 
 
 limited by shares when memorandum not accompanied 95 
 memorandum of association, contents of, company limited by 
 
 guarantee 96 
 
 company limited by shares 96 
 
 unlimited 9'^ 
 
 effect as a covenant by signatories 97 
 
 number of subscribers 95 
 
 signatures and attestation 97 
 
 registration, articles of association to be filed 98 
 
 certificate of incorporation 99 
 
 conclusive 99 
 
 effect of 33 
 
XlV INDEX 
 
 COMPANIES' — Continued. page 
 constitution, incorporation, etc. — Continued. 
 
 copies of memorandum and articles to be furnished members 100 
 
 fees 98 
 
 memorandum of association to be filed 98 
 
 name of company, change of 100 
 
 idenity prohibited 100 
 
 registration of new name 100 
 
 striking defunct company off register 100 
 
 contents articles of association (See Constitution, etc., part I) 97 
 
 memorandum of association (See Constitution, etc., part I).. 96 
 
 prospectus (See Distribution of Capital, etc., part II) 112 
 
 contracts, how made (See Powers, etc., part III) 132 
 
 contributions between directors (See Distribution of Capital and 
 
 Liability of Members, part II) 110 
 
 conversion of capital into shares (See Distribution of Capital 
 
 and Liability of Members, part II) 104,105 
 
 corporate name, use of (/see Powers, etc., part III) 132 
 
 court. Interpretation (See Preliminary) 95 
 
 creditors (See Reduction of Capltall (See Power, etc., part III).. 125 
 
 See Provision for protection of, part III 132 
 
 debenture (See Borrowing Powers, etc., part II) 132 
 
 directors, consent to act (See Distribution of Capital, etc., part II) 117 
 
 contribution 117 
 
 liability of for misleading prospectus 115 
 
 liability when unlimited 110 
 
 prospectus 112, 118 
 
 wages, for Ill 
 
 discount on shares (See Powers, etc., part III) 137 
 
 distribution of capital and liability of members and ofi&cers, part II 102 
 
 distribution of capital 102 
 
 annual list of shares to be filed with registrar 104 
 
 contents . . . , 104 
 
 penalty for noncompliance 104 
 
 capital conversion into stock q.v 105 
 
 closing register of members 106 
 
 advertisement of 106 
 
 consolidation of shares, notice of 104 
 
 conversion of capital into stock 104, 105 
 
 effect of 105 
 
 to be shown in register of members 105 
 
 Improper entry or omission from register rectification 107 
 
 inspection of register 105 
 
 interest of member to be personalty 102 
 
 membership subscribers of memorandum of association 102 
 
 subsequent entry on register, 102 
 
 notice to registrar of Increase of capital or members, penalty. . 106 
 
 of rectification of registrar 106 
 
 register of members, closing of 106 
 
 failure to keep 103 
 
 fee for Inspection 106 
 
 inspection of '. lOo 
 
 application to judge 107 
 
 costs 107 
 
 notice to registrar 107 
 
 questions to be determined 107 
 
 register to be evidence 107 
 
 trusts not to be entered 105 
 
 shares, annual list 104 
 
 certificate for 105 
 
 consolidate 104 
 
 entry of transfer i03 
 
 certificate of title to 107 
 
 personalty 103 
 
 personal representation, transfer of 103 
 
 registration of transfer 103' 
 
 transfer q.v 105 
 
 transfer of share of deceased member 103 
 
 entry on register 103 
 
 fraudulent ,,,.,„,,.,.,,,,,,. loa 
 
INDEX XV 
 
 COMPANIES — Continued. page 
 
 distribution of capital — Continued. 
 
 trusts, company not bound by oath 105 
 
 no note to be entered on register 105 
 
 or received by registrar 105 
 
 liability of directors 109 
 
 dividends declared wlien company insolvent Ill 
 
 loans to shareholders Ill 
 
 wages of employees Ill 
 
 when unlimited, contribution in winding up 110 
 
 memorandum of association to provide 109 
 
 notice to be given directors 110 
 
 set off of moneys due directors 110 
 
 winding up, contribution 110 
 
 liability of members for 107 
 
 amount of shares or unpaid portion 108 
 
 mortgages 108 
 
 trustees 108 
 
 winding up 108, 109 
 
 prospectus 112 
 
 contents required 112 
 
 directors consent required 117 
 
 directors, contribution of 117 
 
 indemnity against improper use of name 116 
 
 misleading statement, liability for 115 
 
 penalties 118 
 
 publication of -. 115 
 
 registration of 112 
 
 dividends {See Liability of Directors, Distribution of capital, 
 
 part II) Ill 
 
 effect of articles of association (See Constitution, etc., part I).... 98 
 
 change of name (See Powers, etc., part III) 130 
 
 conversion of capital into stock (See Distribution of Capital, 
 
 etc., part 11) 105 
 
 irregular allotment of shares (See Powers, etc., part III) 136 
 
 memorandum of association (See Constitution, etc., part I) . . . . 97 
 
 transfer of share warrant (See Powers, ecc, part III) 122 
 
 enforcement of assessment on shares (See Powers, etc., part III) . . 120 
 
 entries in register (See Powers, etc., part lli) 123 
 
 evidence, certificate conclusive of registration 99 
 
 See Application to Existing Companies, part IV 15u 
 
 See Constitution, Incorporation and Registration, part I . . . . 99 
 
 of resolution and proceedings at meeting 138 
 
 of title to share 105 
 
 on application to confirm reduction of capital 128 
 
 application to confirm alteration of objects 128 
 
 existing companies (See Application to Existing Companies, part 
 
 IV) 14S 
 
 expense of examination by inspector (See Powers, etc., part III) . 144 
 
 failure to keep register of members 103 
 
 false statements, in balance sheet 147 
 
 certificate 147 
 
 report 1*^ 
 
 return 
 
 penalty for (See Powers, etc., part III) 147 
 
 fees payable registrar (See Schedule) 98, 165 
 
 forms may be altered by Lieutenant Governor in Council 147 
 
 schedule of 152, 175 
 
 fully paid up shares in existing companies 121 
 
 gain associations for, to be registered (See Associations) 95 
 
 general meeting (See Powers, etc., part III) 140 
 
 hypothecation (See Borrowing Powers, etc., part ITI1 i32 
 
 ' improper entry in register (See Distribution of Capital, part II) . . 107 
 
 incorporation (See Constitution, Incorporation, etc., part I) 95 
 
 increase of capital (See Powers, etc., part III) 129 
 
 indemnity asrsinst unai'tborispd use r\f name in prospectus q.v. 
 
 (See Distribution of Capital, part II) 116 
 
 inspection of register of members 105 
 
 inspection of register (See Powers, etc., part III) 143 
 
 interest in shares personalty 102 
 
XVI INDEX 
 
 COMPANIES — Continued. pagb 
 
 Interpretation ( See Preliminary) 94 
 
 irregular allotment of shares (/See Protection of Creditors, Powers, 
 
 etc., part III) , 135 
 
 judge {See Interpretation, Preliminary) _ 95 
 
 See Alteration of Objects 129 
 
 rectification of register 107 
 
 reduction of capital confirmation 125, 127 
 
 legal proceedings (See Powers, etc., part III) 146 
 
 liability of members and officers (See Distribution of Capital, etc., 
 
 part II) 107 
 
 liability of members (See Directors of Capital, etc., part III) .... 109 
 
 management and administration (See Powers, etc., part III).... 118 
 meetings, general and statutory (See Powers, etc., part III) ... .139, 140 
 
 members (See Distribution of Capital and Liability of, part II).. 102 
 
 membership (See Distribution of Capital and Liability of, part II) 102 
 
 memorandum of association 95 
 
 mining companies (See Powers, etc.; part iiij 119 
 
 minute reduction of capital (See Powers, etc., part III) 126 
 
 misleading statements (See Prospectus, Distribution of Capital, 
 
 part II) 115 
 
 mortgage borrowing powers (See Powers, etc., part III) 132 
 
 mortgagees, liability of members (See Distribution of Capital, etc., 
 
 part II) 108 
 
 name, change of (See Constitution, etc., part I) 100 
 
 corporate use of (See Powers, etc., part III) 132 
 
 identity of prohibited (See Constitution, etc., part I) 100 
 
 registration of change (See Constitution, etc., part I) 100 
 
 notice, generally (See Powers, etc., part III) 138 
 
 of general meeting (See Powers, etc., part III) 139 
 
 of increase in capital (See Distribution of Capital, etc., part II) 106 
 
 of registered office (See Powers, etc., part III) 132 
 
 of rectification of register (See Distribution of Capital, part II) 107 
 
 ef statutory meeting (See Powers, etc., part III) 141 
 
 of trusts (See Distribution of Capital, etc., part II) 105 
 
 number of subscribers to memorandum of association 95 
 
 objects, charge of 127 
 
 expressed in memorandum of associates _96 
 
 obligations of existing companies prior to registration 150 
 
 omissions (See Rectification of Register, Distribution of Capital, 
 
 part il) 107 
 
 order confirming alteration of objects 128 
 
 reduction of capital 124 
 
 rectifying register of members 107 
 
 payment of assessments on shares (See Powers, etc., part III) . . 120 
 
 penalties, failure to. file annual list of shareholders 104 
 
 failure to keep registered office 132 
 
 failure to keep register of mortgages 133 
 
 failure to keep register of directors 134 
 
 failure to keep register of members 103 
 
 failure to register alteration of objects 129 
 
 failure to register return of allotments 137 
 
 for false statements - 147 
 
 for misleading statements 118 
 
 for not providing copies of memorandum and articles 133 
 
 for npt publishing names 151 
 
 personalty, shares to be 103 
 
 pledge, borrowing powers (See Powers, etc., part III) 132 
 
 powers of attorney (See Attorney) 143 
 
 powers, management and administration, part III 
 
 adjustment of calls and diviaends 131 
 
 powers of company only limited by regulations as framed or 
 
 amended by special resolution 121 
 
 alteration of objects mentioned in memorandum of association 127 
 
 authorised by special resolution 127 
 
 confirmation of special resolution by tne court 128 
 
 evidence 128 
 
 grounds of confirmation ' 128 
 
INDEX xvii 
 
 COMPANIES— Co»«m{e(Z. 
 
 powers, management and a.ammistra.tion-^C ontinued. page 
 
 order, terms of ]^28 
 
 penalty {See Registration) .'..'. '. '. '. ' ' '. ' '. '. '. '. '.'.'.....'. '. " '. '. '. '. '. 129 
 
 registration of altered memorandum 129 
 
 penalty for default 129 
 
 rights and interest of members 128 
 
 special resolution authorising 127 
 
 arbitration, agreement for reference under seal of company 147 
 
 application of Arbitration Ordinance 147 
 
 power to refer I47 
 
 audit, auditors to be appointed at general meeting 14V 
 
 directors may fill casual vacancy 145 
 
 first auditors may be appointed by directors 145 
 
 to hold oflSce until first annual meeting 145 
 
 remuneration of auditors 145 
 
 rights and duties of auditors 145 
 
 to append certificates to balance sheet 14G 
 
 to have access to books 145 
 
 to report to share holders ." 146 
 
 borrowing powers ., 132 
 
 by hypothecation 132 
 
 issue of debentures 132 
 
 mortgage 132 
 
 pledge 132 
 
 securities generally 132 
 
 change of name 130 
 
 contracts and agreements precedent to 130 
 
 effect of 130 
 
 special resolution authorising 130 
 
 unlimited liability of directors 130 
 
 contracts 131 
 
 generally, how made on behalf of company 131 
 
 parol 131 
 
 promissory notes, bills of exchange 131 
 
 simple contracts required by law to be in writing 131 
 
 specialty 131 
 
 false statement in balance sheet 147 
 
 certificate 147 
 
 report 147 
 
 return 147 
 
 penalty for 147 
 
 forms in Schedule II to be used when applicable 147 
 
 may be varied by Lieutenant Governor in Council 147 
 
 publication in gazette 147 
 
 increase of capital when authorised by memorandum 129 
 
 powers as to consolidation 129 
 
 powers as to division of capital 129 
 
 powers as to division of shares 129 
 
 inspectors, appointment by Lieutenant Governor in Council 
 
 on application 143 
 
 condition of application 143 
 
 evidence of report 144 
 
 appointment by special resolutions of company 144 
 
 evidence of report 144 
 
 expense of inspection, how defrayed 14o 
 
 production of documents to 144 
 
 report by J^^ 
 
 issue of shares without personal liability, mining companies 119 
 
 amount actually paid 'may be the limit of liability 119 
 
 certificate of incorporation to state limit 119 
 
 charter of incorporation to be specially marked 119 
 
 enforcements of assessments . ." 120 
 
 existing companies 121 
 
 liability of shareholders l^sO 
 
 shares to be specially^ marked 119 
 
 legal proceedings .-, 14^ 
 
 against member for calls on share or money due 146 
 
 manner of pleading 147 
 
XVlll IJSTDEX 
 
 COMPANIES — Continued. 
 
 powers, management and administration-^Oow<mMe(2. page 
 
 evidence, minutes of company and directors prima facie 146 
 
 security for costs by company may be ordered when 146 
 
 service (See Notice) 138 
 
 notice 138 
 
 authentication of 139 
 
 corporate name to be used in proceedings 138 
 
 evidence of memorandum and articles las 
 
 resolution 138 
 
 service of, and of process generally 138 
 
 service by mail, how effected 138 
 
 preference shares 118 
 
 holders of to be members 119 
 
 issue of authorised by special resolution 118 
 
 provision for protection of creditors as to 132 
 
 allotment of shares 135 
 
 returns in respect of 137 
 
 when irregular 136 
 
 carrying on business with less than three members 134 
 
 commencement of business penalty 135 
 
 commission on share .'. . ' 137 
 
 discount on share • 137 
 
 irregular allotment 136 
 
 notice of registered office 132 
 
 publication of names, penalty for default 132 
 
 register of directors, penalty for default 134 
 
 register of mortgages, penalty for default 133 
 
 registered office 132 
 
 notice of 132 
 
 return of allotment of shares, penalty 137, 147 
 
 reduction of capital and shares 123 
 
 cancellation of unused shares 127 
 
 concealing name of creditor entitled to object to, penalty for. . 127 
 
 confirmation of reduction by order of court 124 
 
 petition for 124 
 
 creditors' consent may be dispensed with 125 
 
 creditors ignorant of proceedings 126 
 
 members liability to contribute to payment of creditor ignorant 
 
 of 127 
 
 minute to be embodied in memorandum 126 
 
 order and minute 126 
 
 penalty for concealment of name of creditors 127 
 
 nonregistration of minute 127 
 
 rights of creditors 125 
 
 special resolution to 123 
 
 title of company after reduction 124 
 
 Bhare warrants 122 
 
 annual summary, particulars of, in 123 
 
 bearer, rights of ] 22 
 
 effect of 123 
 
 entry on register 123 
 
 payable to bearer when company limited by shares 123 
 
 registration of bearer 122 
 
 surrender of warrant 122 
 
 transfer of 122 
 
 statutory meeting, first to be within six months of date for com- 
 mencement of business 139 
 
 adjournment 140 
 
 directors report, contents of 139 
 
 filing with registrar 140 
 
 forwarding of to members 139 
 
 proceedings to compel 140 
 
 procedure at 140 
 
 general, annual 140 
 
 extraordinary 140 
 
 convening of ". 140 
 
 requisition for 141 
 
 resolutions at requiring confirmation 141 
 
INDEX ax 
 
 COMPANIES — Continued. 
 
 powers, Hjaiiiag€aBent and administration — Gontinued. page 
 
 penalty for default 142 
 
 power of attorney 143 
 
 procedure, defaults of regulation as voting 142 
 
 registration of special resolution 142 
 
 penalty for default 142 
 
 special resolutions 141 
 
 method of adoption 141 
 
 record of , 142 
 
 penalty for default 142 
 
 supplying to members 143 
 
 penalty of default 143 
 
 varying of regulations by 141 
 
 subdivision of shares 121 
 
 authorised by special resolution 121 
 
 proviso as to method of 121 
 
 settlement of shares thereafter to be in accordance with resolu- 
 tion 122 
 
 penalty for default 122 
 
 preference shares (See Powers, etc., part III), 113 
 
 preliminary (See Associations for Gain) 95 
 
 company 94 
 
 interpretation i 95 
 
 judge 95 
 
 registrar of joint stock companies 95 
 
 short title 94 
 
 procedure, change of name 130 
 
 default of regulations for conduct of meetings 142 
 
 registration of existing companies 148 
 
 proceedings at meetings, evidence of 138 
 
 production of documents to inspectors, q.v. (/See .Powers, etc., 
 
 part III) 144 
 
 promissory notes (See Contracts, Powers, etc., part III) 131 
 
 prospectus (See Distribution of Capital, etc., part 11) 112 
 
 protection of creditors (See Powers, etc., part III) 132 
 
 publication of prospectus 112 
 
 publicity of name 132 
 
 reduction of capital (See Powers, etc., part III) 123 
 
 register of directors 134 
 
 register of mortgages 133 
 
 register of members 102 
 
 evidence 103 
 
 inspection 'Of 105 
 
 rectification of 107 
 
 registered office 132 
 
 registration (See Constitution, etc., part I) (See various subjects 
 
 of) ■" 98 
 
 registrar, interpretation 95 
 
 registration fees (See Table B and Schelule I) 165 
 
 regulations, alteration of 141 
 
 procedure where none (See Powers, etc., part III) 142 
 
 repeal, extent and effect 151 
 
 report, directors 139 
 
 false statements 147 
 
 inspectors 144 
 
 returns, false, penalty 147 
 
 rights of creditors, reduction of capital 125 
 
 schedules, variations of forms in 147 
 
 service of process 138 
 
 shares, allotment of 102 
 
 distribution of capital, part II liS 
 
 preference 125 
 
 reduction of 125 
 
 special resolutions 125 
 
 subdivision of 121 
 
 warrants i-^z 
 
 without liability (Set Issue of Powers, etc., part III) 119 
 
XX INDEX 
 
 COMPANIES — Continued. page 
 
 signatures and attestations, articles and memorandum 97, 98 
 
 simple contracts (.See Powers, etc., part III) 131 
 
 special resolution, alteration of objects 128 
 
 change of name 130 
 
 reduction of capital and shares , 123 
 
 statutory meetings (See Powers, part III) 139 
 
 Territorial secretary to administer Ordinance 94 
 
 transfer of share (See Distribution of Capital, part II) 102,103 
 
 transfer of share warrant (See Powers, etc., part III) 122 
 
 trusts [See Distribution of Capital, part II) 105 
 
 unlimited liability of directors (See Powers, part III) 110 
 
 varying objects of company ( See Application to Companies, part IV 149 
 
 See Change of Oojects 127 
 
 (See Regulations of Powers, etc., part III) 141 
 
 wages of employees, when directors liable for Ill 
 
 warrants, share (See Powers, etc., part III) 122 
 
 winding up, liability of members 
 
 COMPANIES WINDING UP (1903, Sess. 1, c. 13), 
 
 account of liquidator 194 
 
 actions, general, power of liquidator as to 179 
 
 administration of contributories estate, general power of liquidator 180 
 
 affidavits (See Matters of Practice) 193 
 
 appeals to court en banc 191 
 
 application of Ordinance 177 
 
 application to court 187 
 
 appointment of inspectors 178 
 
 appointment of liquidators 178 
 
 assessment of damages against delinquent director 190 
 
 assistance of the court 187 
 
 action, ^tay of 188 
 
 appeal to court en baric 191 
 
 appointment of liquidator 190 
 
 application for 187 
 
 assessment of damages against director 190 
 
 confirmation of resolutions of company 191 
 
 contribution proceedings, benefit and expense of 190 
 
 costs 191 
 
 enforcing attendance for examination 189 
 
 enforcing orders .' . 192 
 
 examination before court or liquidator 189 
 
 inspection of books 189 
 
 liens, determining ' 190 
 
 list of contributories, settlement of 188 
 
 orders on contributories t' . 188 
 
 proceedings when at expense of contributor 190 
 
 production of books • 189 
 
 removal of liquidator 191 
 
 security for damages and costs m . . . 191 
 
 bank deposit of liquidator 186 
 
 bills and notes of liquidator 180 
 
 books, disposal of , 194 
 
 inspection of 189 
 
 production of 189 
 
 calls on contributories 189 
 
 carrying on business by liquidator 179 
 
 claims, time for sending in 180 
 
 commencing winding up (See Consequences) 177 
 
 company (See Interpretation. When Company may be Wound Up) 176 
 
 company's seal, use of by liquidator 180 
 
 compromise of liquidator with debtors 181 
 
 consequence of commencemnt of winding up 177 
 
 appointment of inspector 178 
 
 appointm&t of liquidators 178 
 
 continued existence of company, extent of 178 
 
 disposal of Jiroperty 179 
 
 distribution of assets 178 
 
INDEX XXI 
 
 COMPANIES WINDING UP — Continued page 
 
 contributory (See Interpretation) 176 
 
 calls on 184 
 
 liability of 183 
 
 counsel, employment of by liquidator 183 
 
 court (See Interpretation) ! 176 
 
 CH tanc 191 
 
 deeds, execution of by liquidator 180 
 
 deposit of money in bank by liquidator 1H5 
 
 director, assessment of damages against 190 
 
 disposal of books 194 
 
 of property 179 
 
 dissolution of company 193 
 
 account of liquidator 193 
 
 dividend unclaimed ,. 194 
 
 moneys, disposition of 199 
 
 order for 193 
 
 penalties 199 
 
 report to registrar 193 
 
 returns to registrar 193 
 
 unclaimed dividends 199 
 
 distribution of assets 180 
 
 dividend, unclaimed (See Dissolution of Company) 194 
 
 evidence (See Matters of Practice) 192 
 
 examination before court or liquidator 193 
 
 compelling attendance 189 
 
 expenses, priority of j 186 
 
 Actraordinary resolution (See Interpretation) 176 
 
 when companies may be wound up 177 
 
 final judgment (See Appeals) 196 
 
 general powers of liquidators 179 
 
 as to arbitration with objecting members 182 
 
 as to compromise with debtors by sanction of court 181 
 
 as to distribution of assets 180 
 
 as to sales to another company 182 
 
 claims, time for sending in 180 
 
 distribution of assets 180 
 
 enumeration of 179, 180 
 
 objection to sale by liquidator 182 
 
 proceedings 182 
 
 wages, priority of 181 
 
 inspection of books, assistance of court 189 
 
 inspectors, appointment of 178 
 
 remuneration of 179 
 
 subject to summary jurisdiction 185 
 
 interpretation ] 76 
 
 company 176 
 
 court 176 
 
 contributory 176 
 
 extraordinary resolution 176 
 
 members • 177 
 
 special resolution 176 
 
 judge (See Assistance of the Court) 187 
 
 interpretation 176 
 
 judges to make rules of court 195 
 
 liability of contributories 1S3 
 
 See Calls on Contributories ^ 1S4 
 
 See List of Contributories 1^3, 188 
 
 liens, power of court to determine 190 
 
 liquidators, appointment of 17.S 
 
 contributories to settle list of 1»^ 
 
 duties of 1^5 
 
 general powers of 179 
 
 remuneration of 1 ' ** 
 
 security by 1^^ 
 
 vacancies in office 190 
 
 See Meetings. Assistance of Court 183, 188 
 
xxu Index 
 
 COMPANIES WINDING UP — Continued^ page 
 
 list of contributories ! ' 188 
 
 settlement by court 183 
 
 settlement by liquilator 183 
 
 See Assistance of Court. Liability o£ Contributories 183 
 
 matters of practice 192 
 
 affidavits 192 
 
 evidence 193 
 
 hearing 192 
 
 petition for winding up 192 
 
 stay of proceedings 192 
 
 meetings during winding up 186 
 
 annual 186 
 
 called by liquidator 186 
 
 general , 186 
 
 notice at 187 
 
 ordered by court 188 
 
 to fill vacancy in office of liquidator ■ 186 
 
 voting at 187 
 
 member, interpretation 177 
 
 money, deposit of by liauidator 199 
 
 objection by creditor to arrangements of liciuidator 182 
 
 officer of the court, liquidator subject to summary jurisdiction .... 185 
 
 order for dissolution 193 
 
 petition for winding up 192 
 
 report to registrar by liquidator 193 
 
 rules of court , 195 
 
 judges to make 195 
 
 procedure until made 195 
 
 Bee Matters of Practice 182 
 
 sale of property by liquidator 179 
 
 sale to another company 182 
 
 security for damages and costs 191 
 
 short title 176 
 
 special resolution (See Interpretation) 176 
 
 stay of action, assistance of court 188 
 
 of proceedings 192 
 
 unclaimed dividends, disposal of 194 
 
 wages, priority of claim for 181 
 
 when companies may be wound up 177 
 
 on dissolution by conditions subsequent 177 
 
 on expiration of time appointed 177 
 
 on extraordinary resolution 177 
 
 on order of the court 177 
 
 on special resolution 177 
 
 on time of commencement 177 
 
 COMPENSATION FOR DEATH OR INJURY, 
 See Accidents. 
 
 See Compensation to Families. 
 See Workmen's Compensation. 
 
 COMPENSATION TO FAMILIES (CO. 1898, c. 48). 
 
 "child," definition of igg 
 
 interpretation 195 
 
 limitation of action ' ' ^ ' j^gg 
 
 "parent," definition of j^gg 
 
 when compensation recoverable j^gg 
 
 who to benefit by action 196 
 
 CONDITIONAL SALES OF GOODS (CO. 1898, c. 44), 
 
 bailor (See Seller) jgY 
 
 certified copies of instruments filed prima facie evidence 198 
 
 conditional sales of goods to be in writing and registered . . . . . . . . 196 
 
 description igg 
 
 fees for registration, copies and certificates 198 
 
 registration, place, time and manner of fees ,. igg 
 
 sale by seller or bailor retaking possesion, five days notice of inten- 
 tion to be first given -^r^-j 
 
INDUX XXI n 
 
 CONDITIONAL SALE OF GOODS — Gontinued. page 
 satisfaction, memorandum ot to tie given by seller or bailor on 
 
 payment or tender of amount due 197 
 
 may be registered 197 
 
 seller or bailor to give memorandum of satisfaction on payment 
 
 or tender of amount due 197 
 
 retaking possession, to hold for redemption for twenty days .... 197 
 
 CONDITIONS OF INSURANCE. 
 See Fire Insurance. 
 See Mutual Fire Insurance. 
 
 CONFIRMATION OF TAX SALES (1901, c. 12). 
 
 after redemption purchaser's interest to cease 199 
 
 application, interested persons to receive notice of 198 
 
 evidence (See Transfer) 199 
 
 interested person to receive notice ot application 198 
 
 by sumons of judge 199 
 
 notice to persons interested to be given by sununons of Judge .... 198 
 
 redeem, right to 199 
 
 redemption, after, purchaser's interest to cease 199 
 
 repeal 199 
 
 right to redeem before hearing application 199 
 
 right of purchaser to cease after redemption 199 
 
 summons of judge as notice to persons interested 199 
 
 transfer, exclusive evidence when 199 
 
 except in cases of 199 
 
 except all taxes paid 199 
 
 except fraud or collusion 199 
 
 except land not liable to assessment 199 
 
 transfer prima facie evidence 199 
 
 CONGREGATIONS, 
 
 See Church Lands. 
 
 See Religious Congregations. 
 
 See Real Property. 
 
 CONSOLIDATED ORDINANCES 1898 (1898, c. 39), 
 
 citation of consolidated Ordinances 204 
 
 commission, powers of alteration of language 201 
 
 correction of ambiguity 201 
 
 correction of contradiction 201 
 
 correction of misprint or error 201 
 
 completed roll to be deposited with clerk 201 
 
 completion of consolidation 201 
 
 consolidated Ordinances, same in effect as repealed, construction of 203 
 
 differing from repealed, construction of 204 
 
 construction of (See Consolidated Ordinances) 203 
 
 copies printed by King's Printer to be evidence 204 
 
 effect of insertion in schedule II 204 
 
 effect of proclamation 202 
 
 evidence, copies printed by Kings Printer to be 204 
 
 insertion in schedule II, effect of 204 
 
 matters not affected by repeal 202 
 
 act, deed, etc.. existing at time of repeal 202 
 
 action, suit. etc.. in force 203 
 
 marriage, certificate, etc., existing before or at time of repeal. . 203 
 
 office, appointment, etc., appertaining at time of repeal 203 
 
 penalties, etc., incurred before repeal 203 
 
 ordinance, this to be printed with Consolidated Ordinances 204 
 
 ordinances consolidated not to be deemed new law 203 
 
 ot 1897 to be added to schedule 11 207 
 
 original roll of 201 
 
 original roll of Ordinances 200 
 
 powers of commission iSee Commission) 201 
 
 preamble 200 
 
 printed copies as evidence 204 
 
 ' printing of this Ordinance 204 
 
Xxiv INDEX 
 
 CONSOLIDATED ORDINANCES 1898 — Continued. page 
 
 proclamation 202 
 
 effect of 202 
 
 refereuce to repealed Ordinances 204 
 
 repeal, matters not affected by 202 
 
 transactions anterior to 202 
 
 roll to be deposited with clerk 201 
 
 roll of Ordinances, original 201 
 
 saving of transactions anterior to repeal 202 
 
 transactions anterior to repeal, saving of 202 
 
 CONSTABLES, 
 
 duration of office - 205 
 
 may be appointed by a justice of tlie peace 205 
 
 oath to be taken before justice 205 
 
 powers and duties Territorial 205 
 
 CONSTITUTIONAL QUESTIONS, 
 
 appeal , 206 
 
 appointment of counsel for unrepresented interests 206 
 
 attorney general to be notified 206 
 
 court to certify opinion 206 
 
 dissentient judges may certify opinion 206 
 
 interests unrepresented, appointment of counsel for 206 
 
 judges dissenting may certify opinion 206 
 
 notice to attorney general 206 
 
 notice to persons interested 206 
 
 opinion, court to certify 206 
 
 reference to authorised court 206 
 
 CONSTRUCTION OF CHIMNEYS. 
 
 exceptions 207 
 
 materials for construction 207 
 
 penalty 207 
 
 stove pipes 207 
 
 stove pipes passing through partitions 207 
 
 CONTAGIOUS DISEASES, 
 See Public Health. 
 See Municipal. 
 See Villages. 
 
 CONTROVERTED ELECTIONS (CO. 1898, c. 4 printed), 
 
 address for service on petitioner 209 
 
 address for service on respondent 209 
 
 admission by respondent of undue election 214 
 
 appeal to court en ianc, proceedings on 214 
 
 application to dismiss petition ; . . . . 212 
 
 applications to be by summons 212 
 
 ballots not to be counted by judge 215 
 
 candidate claiming seat, objections by respondent 210 
 
 report of judge in case of 213 
 
 clerks defined : 208 
 
 costs, as in cause in court 208 
 
 discretion of judge 214 
 
 costs, dismissed for want of prosecution on 212 
 
 on withdrawal 213 
 
 payment out of security 214 
 
 security for 208 
 
 dismissal of petition for nonprosecution 212 
 
 for want of proof 213 
 
 election set aside, writ to issue 211 
 
 particulars 216 
 
 forms 216 
 
 fees, judicature tariffs apply 212 
 
 interpretation 208 
 
 "judge" defined 268 
 
 report of 212 
 
INDEX XXV 
 
 CONVERTED ELECTIONS— GofjHjitfecZ. ' page 
 
 judicature ordinance, provisions apply to petitions 212 
 
 to appeal 214 
 
 particulars of petition, application for '. . . . . 210 
 
 time of 210 
 
 order for 210 
 
 petition against return, time for [........[....[[[[. , . . . . 208 
 
 who may petition 208 
 
 form and contents of 208 
 
 filing of 208 
 
 service of time and manner 209 
 
 extension of time for '. . 209 
 
 substitutional 209 
 
 recount of ballots not permitted . .'. 215 
 
 registrar of court en Tiaiic to certify result of appeal 218 
 
 report of judge, holding, pending appeal it stay 215 
 
 after repeal heard '. 218 
 
 respondent, service of petition on .; . 209 
 
 address for service to be given 209 
 
 where omitted 209 
 
 application by to set aside petition 209 
 
 costs 210 
 
 ground for 209 
 
 time for 209 
 
 for particulars 210 
 
 may admit undue election ; 214 
 
 nonprosecutlon by petitioner may apply for dismissal 212 
 
 security to be deposited with petition 208 
 
 costs payable out of 214 
 
 service of petition (See Petition) 209 
 
 service where address is omitted (f!ri' Respondentt 209 
 
 short title 207 
 
 stay of proceedings pending appeal 215 
 
 setting aside 218 
 
 title 207 
 
 time for presentation of petition 208 
 
 trial of petition 212 
 
 appointment of time and place for 212 
 
 if not applied for by petitioner respondent may apply for dis- 
 missal 212 
 
 may be ordered on such application 212 
 
 writ of election, issue of, if election set aside 213 
 
 withdrawal of petition, filing 213 
 
 costs in case of 213 
 
 service on respondent 213 
 
 of objections to claim of defeated candidate 213 
 
 costs in case of 213 
 
 filing 213 
 
 service 213 
 
 COSTS, 
 
 See Distress and Extra Judicial Seizure. 
 See Judicature. 
 
 COURTS', 
 
 See Supreme Court. 
 
 See Justices of the Peace. 
 
 See Police Magistrates. 
 
 COURTS OF REVISION, 
 See Election. 
 See Municipal. 
 
 See School Assessment. Also substituted provision. 
 See Local Improvement. 
 See Villages. 
 
 CORPORATIONS, 
 
 See Companies. 
 See Municipal. 
 See Societies. 
 
XXVI INDEX 
 
 CREDITORS, I'-^OE 
 See Assignments for Creditors. 
 See Preferential Assignments. 
 See Creditors Relief. 
 
 CREDITORS RELIEF (CO. 1S98, c. 2G), 
 
 attachment of goods, proceeds of, distribution il9 
 
 booli to be kept by tbe sheriff 218 
 
 contest among creditors, scheme of distribution 221 
 
 contest interpleader proceedings 219 
 
 costs first charge on moneys levied 219 
 
 deposit of moneys levied in bank 222 
 
 distribution of moneys levied 218 
 
 questions as to scheme for 221 
 
 exception, exempted goods 222 
 
 employees,' preferential claim of 223 
 
 execution, creditors by, only to share 219 
 
 goods or lands, share in proceeds of either 219 
 
 payment without sale 220 
 
 return of, when to be made 221 
 
 stay or withdrawal of, effect 220 
 
 forms 223, 224 
 
 fund in court belonging to debtor, seizure of 220 
 
 goods exempt on general writs, proceeds not distributable 222 
 
 execution, shares in proceeds lands 219 
 
 Interpleader proceedings, carriage of, scheme of distribution .... 218 
 
 interpretation, "judge," "sheriff" 217 
 
 irregularities not to avoid proceedings 222 
 
 levy notice of to be entered 218 
 
 particulars of to be kept .^ 218 
 
 second or further procedure 219 
 
 lands, execution, shares in proceeds goods 219 
 
 sale of, time for distribution 218 
 
 moneys in court, seizure of 220 
 
 levied, notice of 218 
 
 to be placed in bank 2:2^ 
 
 notice of levey to be entered by sheriff 218 
 
 payment of execution voluntarily without sale 220 
 
 poundage, computation of 220 
 
 priorities among creditors abolished 218 , 
 
 questions as to distribi'.tion, scheme 221 
 
 return of execution 221 
 
 salary, priority af claim for : ' 223 
 
 scheme of distribution 221 
 
 seizure, one sufficient 220 
 
 sheriff, book and statement to be kept by 218, 221 
 
 compelling payment by 221 
 
 duties after levy on execution 218, 223 
 
 moneys to be placed in bank by 218 
 
 poundage 220 
 
 to give information 222 
 
 short title 217 
 
 stay of execution 220 
 
 wages, priority of claim for 223 
 
 withdrawal of execution 220 
 
 DAIRY ASSOCIATIONS (CO. 1898, c. 65), 
 
 associations for the manufacture of butter and cheese or providing 
 
 cold storage 223 
 
 books to be kept 227 
 
 declaration and rules, to contain 227 
 
 members to sign 227 
 
 borrowing powers of 229 
 
 bonds to be approved by Lieutenant Governor 229 
 
 notice of issue to be given Territorial secretary 229 
 
 capital stock 228 
 
 $1,000 at least to be subscribed before declaration filed .... 225 
 
 corporate powers 225 
 
INDEX XXVll 
 
 DAIRY ASSOCIATIONS — Continued. , 3?age 
 
 declaration, filing of 225 
 
 certificate of by the Territorial secretary 225 
 
 to designate proposed places of business 225 
 
 dairymen's association, continuation of 227 
 
 declaration to be written in book 227 
 
 fees , , . . 229 
 
 government of 229 
 
 members, minimum number of 229 
 
 real estate, may possess, to value $10,000 229 
 
 report by oflBcers at annual meeting 230 
 
 disputes may be decided by arbitration 227 
 
 electrons, mode of 227 
 
 forms 230 
 
 incorporation, mode of 225 
 
 liability of shareholders limited 228 
 
 meeting, first 226 
 
 rules and regulations to be framed at 226 
 
 money payable by members under rules a debt to association .... 227 
 
 mortgage by association of real estate 228 
 
 execution of 228 
 
 name of association, restriction as to 225 
 
 penalty for violation of contract to supply milk 228 
 
 returns, annual to Territorial secretary 228 
 
 rules and regulations to be framed at first meeting 226 
 
 copy to be filed with Territorial secretary before operations 
 
 commenced ,. 227 
 
 may be amended, etc 227 
 
 binding on members 227 
 
 short title of Ordinance , 225 
 
 DEATH OR INJURY COMPENSATION, 
 See Accidents. 
 
 See Compensation to Families. 
 See Workmen's Compensation 
 
 DEATH REGISTRATION, 
 See Vital Statistics. 
 
 DENTISTRY (1903, Sess. 2, c. 16), 
 
 annual membership fee .' . • • 238 
 
 appeal from refusal to register (See Registration) 239 
 
 auditor, appointment of (See Miscellaneous) 245 
 
 central examination board 239 ~ 
 
 college of dental surgeons constituted 23.3 
 
 council of college, election of memI)or.s 233 
 
 conduct of elections 233 
 
 council . "^5 
 
 disputed elections • 23o 
 
 election regulations 235 
 
 eligibility 233 
 
 equality of votes ,■ oor oor 
 
 inquiry into disputed elections ^io, ^6b 
 
 list of regular practitioners to be made out 234 
 
 members of council 233 
 
 five 2,33 
 
 method of voting ^^* 
 
 qua,lified voters 234 
 
 scrutineers 234 
 
 term •- 
 
 vacancies in council, how supplied 236 
 
 voters' list conclusive 235 
 
 may be present 234 
 
 votes 234 
 
 voting paper to be preserved ido 
 
 disciplinary, accused, nonattendance of 242 
 
 appeal to judge 242 
 
 committee of inquiry 241 
 
XXVlll INDEX 
 
 DENTISTRY — Continued. 
 
 disciplinary, accused, nonattendance of- — Oontimifd. pace 
 
 constitution of committee .<'. 241 
 
 costs 240 
 
 counsel 241 
 
 ' evidence of appeal 242 
 
 inquiry 241 
 
 ■ legal assistance ' 241 
 
 misconduct of registered practitioner 240 
 
 name erased not to be restored without authority 240 
 
 nonattendance of accused 242 
 
 procedure of enquiry 240 
 
 restoration of name erased 240 
 
 subpcena 242 
 
 duties of council, etc. (See Council) 233 
 
 general powers of council 239 
 
 inquiry, procedure on (See Disciplinary) 241 
 
 erasure of name from register 240 
 
 examining boards (See Central Examination Boards) 239 
 
 evidence of registration 243 
 
 fines (See Offences and Penalties) - - . - . 244 
 
 first council, meeting of (See Miscellaneous) 246 
 
 term of office : 246 
 
 election, (See Miscellaneous) 246 
 
 expenses of 246 
 
 forms (fsee Schedule) 246 
 
 general powers of council 239 
 
 council to regulate register and examinations 239 
 
 general rules 239 
 
 interpretation 232 
 
 "college" 232 
 
 "council" 232 
 
 "dental practitioner" 233 
 
 "legally qualified" 233 
 
 "secretary" 233 
 
 list of members (See Miscellaneous) 246 
 
 membership fee, annual (See Registration) 238 
 
 medical practitioner, Ordinance not to apply to 246 
 
 miscellaneous '. 245 
 
 misconduct of registered practitioner (See Disciplinarv) 240 
 
 offences and penalties, application of fines . . . . • 245 
 
 assuming false title 244 
 
 council may withdraw prosecution 245 
 
 limitation of prosecution 244 
 
 omission to register 244 
 
 onus of proof '_ 244 
 
 pretending to be a denti«;t 244 
 
 prosecutions, penalty 244 
 
 unregistered practitioner, prosecution of 244 
 
 ordinance not to apply to medical practitioners 246 
 
 penalties (See Offences and Penalties) 244 
 
 president and officers, meetings of council 236 
 
 executive osfi 
 
 meetings ' ' nag 
 
 proceedings 237 
 
 procedure before judge (See Miscellaneous) 215 
 
 property (See Miscellaneous) '[ ,45 
 
 provisional secretary (See Miscellaneous) . ,[ 045 
 
 publication of dental register . . . 243 
 
 effect of „ .„ 
 
 registration ' ' ' ' ' „„„ 
 
 qualification of members of oolle>rp 937 
 
 register ' ' ' „„„ 
 
 registration fee „^i 
 
 secretary's duties „' * 
 
 refusal to register, appeal from tii 
 
 returns , 04c 
 
 rights of registered practitioners „,t 
 
 J4o 
 
Index ^ xxix 
 
 DENTISTRY—Contirnied. p^j^gj, 
 
 schedule 046 
 
 short title ■■■■.......'....... 232 
 
 term of office of council ( See Miscellaneous) ................. 246 
 
 unregistered practitioners cannot recover charges 243 
 
 prosecution of - 243 
 
 rights of registered practitioners' .'..'.'.'.'.'.' 245 
 
 vacancies in council (.See Council) 236 
 
 DEPARTMENTS OF GOVERNMENT, 
 See Agriculture Department. 
 See Attorney General's Department. 
 See Public Service. 
 See Public Works. 
 See Schools. • 
 See Treasury Department. 
 See Territorial Secretary. 
 
 DEPUTY CLERKS OP COURT, 
 
 See Clerks of Court and Deputies. 
 
 LEPUTY SHERIFFS, 
 See Sheriffs. 
 
 DEVOLUTION OF ESTATES' (1901, c. 13), 
 
 illegitimate children may inherit intestate's estate 248 
 
 mother of may inherit 248 
 
 mother entitled if no wife, child or father 248 
 
 widovir entitled to estate if no children 248 
 
 DISTRESS FOR RENT AND EXTRA JUDICIAL SEIZURES (CO. 1898, 
 c. 34), 
 
 costs in distraint limited 249 
 
 in seizure under chattel mortgages, etc., limited 249 
 
 penalty for taking unauthorised 249 
 
 distraint for rent limited to property of tenant 250 
 
 for interest on mortgage limited 250 
 
 exemption 280 
 
 notice of sale 280 
 
 schedule 250 
 
 DOGS, 
 
 See Protection of Animals from Dogs. 
 
 DRAINAGE (1903, Sess. 1, c. 6). 
 
 amount assessed, distress for (.See Maintenance) 256 
 
 appeals (See Notice of Appeals, Construction of Government ditch) 253 
 apportionment of costs of construction (See Construction of Govern- 
 ment Ditch) 255 
 
 of appeal (See Construction of Government Ditch) 254 
 
 arbitration for compensation (See iConstruction of Private Ditch) . . 257 
 commissioner's powers (See Construction of Government Ditch) . .254, 255 
 
 application to (See Construction of Private Ditch) 257 
 
 compensation, arbitration for lo'ee Construction of Private Ditch). 
 
 construction of government ditch 252 
 
 basis of assessment 2o2 
 
 cost 252 
 
 benefit 252 
 
 capacity of outlet 254 
 
 cost of construction, a lien en the land 255 
 
 apportionment of 255 
 
 commutation of instalments 256 
 
 payable in instalments 255 
 
 recoverable by suit 255 
 
 examination for proposed cUtch, i.osL 252 
 
 feasibility 252 
 
 notice of intention to proc<>i>d 253 
 
 notice, inspection of report 253 
 
>^XX INDEX 
 
 DRAINAGE — Continued. 
 
 construction of government ditch — Oo'niinued. page 
 
 notice, appeal from assessment 253 
 
 adjournment of 253 
 
 conditions of 253 
 
 costs allowable 254 
 
 costs, liow apportioned 284 
 
 decision of judge 254 
 
 duplicate notice to be forwarded to commissiocer 253 
 
 hearing of 253 
 
 notice of to be given 253 
 
 time for hearing 253 
 
 penalty for obstruction 254 
 
 proposed ditch, examination for 2^4 
 
 report of engineer 252 
 
 construction of private ditch 2o7 
 
 application to commissiouor 257 
 
 arbitration for cpmpensation 25€ 
 
 ditch of private owner ; - 257 
 
 permit for construction 258 
 
 distress for maintenance and repairs (fc'ee Maiutenance) 256 
 
 ditch begun, Ordinance ,to apply to (See Construction of Private 
 
 Ditch) 258 
 
 government (See Construction of Government Ditch) 252 
 
 private (See Construction of Private Ditch) 257 
 
 forfeiture for nonpayment (See Maintenance) 256 
 
 intention, notice of (See Construction of Government Ditch) .... 253 
 
 Interpretation 251 
 
 "clerk" i,d2 
 
 "clerk of court" 252 
 
 "clerk of supreme court" 252 
 
 "commissioner" 251 
 
 "department" 251 
 
 "ditch" or "drain" 252 
 
 "engineer" 251 
 
 "government ditch" 252 
 
 "judge" 252 
 
 "owner" 251 
 
 "report" 251 
 
 "road" 251 
 
 maintenance and repairs 256 
 
 distress for amount assessed '. 256 
 
 forfeiture for nonpayment 256 
 
 maintenance, costs of 256 
 
 may be distress for 256 
 
 nonpayment, forfeiture for (See Maintenance) 256 
 
 notice of appeal (See Construction of Government Ditch) 253 
 
 obstruction, removal of (See Removal of Obstruction) 257 
 
 Ordinance to apply to ditches begun 258 
 
 outlet, capacity of (See Construction of Government Ditch) 2j4 
 
 penalty for obstruction (See' Construction of Government Ditch).. 254 
 
 ' nonpayment of maintenance (See Maintenace) 256 
 
 powers of commissioner (See Construction of Government Ditch) ; 252, 235 
 
 recovery of amount of assessment 255 
 
 removal oE obstruction ■ " 257 
 
 cost of 25 ( 
 
 repeal 258 
 
 short title 251 
 
 DRUGGISTS', 
 
 See Pharmaceutical Associations. 
 
 KASEMENT, 
 
 See Limitation of Actions. 
 
 EDUCATION, 
 
 See Schools. 
 
iNfiEX XXXI 
 
 ELECTIONS (CO. 189S, c. 3), page 
 
 advertisement of, notice of 260 
 
 agents and scrutineers 270 
 
 corrupt practices by 294 
 
 may appoint scrutineers -. 270 
 
 may appear at court of revision 280 
 
 may appeal from court of revision 2s2 
 
 sxacemeni of result of polling for 285 
 
 voting 274 
 
 appeals (*'ee Court of Revision, appeals trom) .; 282 
 
 ballots, count of by returning officer (See Count) 282 
 
 aeputy returning ofllcer 276 
 
 count, time for announcement of 282 
 
 discrepancy in number 276, 297 
 
 disposition of when charge of illegal voting " 274 
 
 after proceedings concluded ; 285 
 
 initialling and stamping 272 
 
 ballot, marking 273 
 
 ODjected ■ J 274 
 
 otner returned than that given voter 273 
 
 returned by voter to be 273 
 
 secrecy of, violating 297 
 
 spoiled before used, new ballot 275 
 
 when to be considered as, in counting ballots 276 
 
 ballot box, custody of, pending appeal 282 
 
 disposition of after poll 277 
 
 dlsnosition after recount 291 
 
 exhibiting and sealing before poll 268 
 
 opening • 276 
 
 polling, during, kept locked and sealed 268 
 
 opening after close of 276 
 
 sealing 270 
 
 where to be kept 268 
 
 bribery (See Corrupt Practices) ^ 294 
 
 candidate, agents of ■ 270 
 
 certified elected, to be deemed elected 286 
 
 death of 263 
 
 deposit by 263 
 
 list of to be supplied, to whom . . . .^ 265 
 
 names to be announced at hustings .' 264 
 
 . nomination of 263 
 
 name of elected, to be published 26b 
 
 one only nominated ...;...; 265 
 
 recount returning other than candidate first declared 292 
 
 resignation not permitted pending petition 292 
 
 statement of result of count for 285 
 
 vote of in other division , ^'^ 
 
 withdrawal of ' 
 
 casting vote of returning officer .■••••;•„ ^^^' III 
 
 __ _i i- !._ ,„i-nA tr, OTinoal nlllBSS tie a.2fain occurs ''aS 
 
 clerk oT'executiVe", council, issue of writ of election by 
 
 certificate of result to be given by returning officer 285 
 
 ■ % election (See Election Clerk) ^ou 
 
 •k of executive, council, issue of writ of election by ^^9 
 
 election material to be furnished by ^o ' 
 
 rpturns to"be published by in Gazette •••;•■; ^^^ 
 
 clerk o7supreme ^court, duties in case of appeals (See Court of 
 
 Revision) " ■ ■ „„„ 
 
 notice of appeals to be givt n 275 
 
 close of poll, hour of ,76 
 
 no vote to be taken alter • • ■ ■ • ^^^^ 
 
 corrunrpracUcel acis "by" Candidates' or' agent prohibited 294 
 
 voter prohibited 29^, 
 
 election when voided for 
 
xxxu Index 
 
 ELECTIONS— CoMimMefJ. pace 
 
 count of deputy returning officer 276 
 
 by returning officer, adjournment oC 283 
 
 material to be produced at 282 
 
 proceedings at 282 
 
 record boolt 283 
 
 count of appealed Votes by judge 288 
 
 certificate of 288 
 
 destruction of unlawful ballots 288 
 
 enforcing orders io9 
 
 recording votes 288 
 
 court of revision, adjoiirnment oi: i81 
 
 appeals from, (See Recount by Judge) 289 
 
 appointment of time and jilace for bearing 286 
 
 attachment for contempt 287 
 
 ballot boxes, etc., to be subject to order of judge pending 
 
 appeal 287 
 
 clerk of court to act lus cleik 286 
 
 clerk to inform judge 286 
 
 costs of appeal , 287 
 
 costs of attachemcnt 287 
 
 count of votes by judge after inquiry on appeal 288 
 
 duties of judge Ii88 
 
 deposit required as security 282, 287 
 
 enforcement of judge's orders 289 
 
 further deposit may be required 287 
 
 inouiry by judge 286 
 
 judge disqualified or unable (o act t 292 
 
 notice to be given to clerk of supreme court 285 
 
 notice to persons interested 286 
 
 powers of judge 286 
 
 return of security 288 
 
 subposnas. Issue of 286 
 
 who may enter 282 
 
 withdrawal of appeal .' 288 
 
 witiness failing to obey subprena ' 286 
 
 witness fees 286 
 
 appearance by agent 280 
 
 burden of proof 280 
 
 costs, security of 279 
 
 awarding 281 
 
 decision to be given openly 281 
 
 default of appearance by voter 279 
 
 documents, production of at ' 278 
 
 expenses, how borne 282 
 
 failure to agree 281 
 
 naturalisation, proof of 279 
 
 cost of , 280 
 
 persons composing : 278 
 
 powers 278 
 
 question to be determined 280 
 
 return to be made by 281 
 
 voter failing to appear, penalty 279 
 
 right to fees 279 
 
 withdrawal of complaint 279 
 
 witnesses to attend 278 
 
 payment of 279 
 
 date of election to be same in all distvicts 260 
 
 declaration of election 285, 289 
 
 deputy returning officer, appointmeut 267 
 
 constable during polling day 268 
 
 contravention of Ordinance by 296 
 
 discrepancy between ballots Issued and in box, penalty ..... 297 
 
 election supplies not received, duty in case 267 
 
 improper use of stamp by 296 
 
 material to bo supplied to 267 
 
 oath of '^f 
 
 omission of duty by 296 
 
 opening poll, duty at "»» 
 
INDEX xxxiii 
 
 deputy returning officer, appointment— Gontinued. page 
 
 polling^ place to be prepared by 260 
 
 ELECTIONS— (7on«WMe(?. 
 returnin 
 ling plac 
 duty at 
 
 9fiH 
 
 proclamation to be posted by 268 
 
 receipt by for election material ...'.' .' .' ,' .' .' " ' ' ' " .' .' .' ' ' .' .' " .' ' .' ' .' .' .' 267 
 
 . vote of in other division than residence 274 
 
 deposit on nomination i^o 
 
 forefiture of '.'.'.".'.'.'.".".'.". 2o4 
 
 how to be made 264 
 
 receipt for 263 
 
 return of 263 
 
 directions to voters ■■■..■.■.................'.'.'.'. 2ii4 
 
 election, declaration of 285 289 
 
 general, to be held on same day ' 260 
 
 notice of 260 
 
 writ for, issue of 259 
 
 return of '.'.'.'.'.'.'.'.'.'.'.'.'. ;285,'289, 293 
 
 clerk, appointment 260 
 
 duties ..........'. 26 1 
 
 oath of 261 
 
 omission of duty or contravention of Ordinance 261 
 
 responsibility 261 
 
 election material, deputy returning officer to be supplied with . .'. . 267 
 
 description of 267 
 
 when not available, supplying 267 
 
 electors, information to, posting 268 
 
 as to polling places 268 
 
 qualification 270 
 
 vote where resident 271 
 
 expenses of elections, payment of 293 
 
 fees and expenses 293 
 
 tariff of 293 
 
 warrant of Lieutenant Governor for payment of 293 
 
 forms, schedule of 300 
 
 Gazette, publication in of name of candidate elected 293 
 
 hearing of appeals 286 
 
 hiring teams, etc., at election prohibited 295 
 
 hustings for nomination purposes 264 
 
 proceedings at 264 
 
 Illegal voting (See Voters) 273, 196 
 
 information to electors to be posted 268 
 
 interpreter, employment of 272 
 
 to be entered In poll book 272 
 
 permitted in polling booth 2 < 2 
 
 oath of 272 
 
 Intimidation, penalty 294 
 
 issue of writ 259 
 
 judge {See Court of Revision, Recount by) 286 
 
 Kinistino, time of polling in 2bb 
 
 material, description of, to be supplied returning officers 267 
 
 when not available • 292 
 
 miscellaneous, candidate not to resign during proceedmgs 292 
 
 writ of sheriff 293 
 
 g&ZGtuG 9Q9 
 
 judge disqualified i' ■ ; • ' ' ,' r -• ""' J %r% 
 
 nomination, consent of nominee to be obtained ^W 
 
 closa of ggg 
 
 day of 264 
 
 deposit at ■ „„ . 
 
 names to be announced ^°* 
 
 paper, form of 2b3 
 
 signature of „„„ 
 
 filing with returning officer ^°^ 
 
 place of ■ 263 
 
 postponement of '• • , „(.„ 
 
 receipt, evidence of filing paper, etc ^bd 
 
 time between and election ^o" 
 
 withdrawal of candidate 
 
XXXIV INUliK 
 
 ELECTIONS— Oo»imMed.^ page 
 
 nomination proceedings 264 
 
 notice of election, contents of iuS 
 
 ■posting 266 
 
 objections, entry of 292 
 
 offences and penalties (See Penalties) 
 
 opening of poll, hour of 268 
 
 objections to be entered .-. . . 268 
 
 procedure at 268 
 
 penalties, contravention of Ordinance 2a6 
 
 corrupt practices at elections 294 
 
 discrepancy in number of ballots issued and found in box.. 282, 297 
 
 hindering carrying out of Ordinance ;... 296 
 
 omission by officials to perform duty 294 
 
 personation ' 296 
 
 recovery of , 295 
 
 violation of secrecy of ballot 297 
 
 voters, illegal acts by 297 
 
 voting more than once 296 
 
 pencils assigned candidates 273 
 
 name of candidate to be on 269 
 
 personation, penalty 295 
 
 poll, date to be announced 266 
 
 declaration of result 2S4 
 
 hours of 265 
 
 procedure on voter presenting himself 271 
 
 room for, who may enter 269 
 
 contents of 269 
 
 Inspection of 270 
 
 statement of result of 277 
 
 to be sent returning officer 277 
 
 time for 265 
 
 poll book accuracy of to be certified 276 
 
 entrv wh°n vote t'-nd'-red 278 
 
 statement required 275 
 
 inspection to be noted in 270 
 
 entry when interpreter employed 272 
 
 notice given voter to answer charge 273 
 
 election officers vote 279 
 
 person unable to mark ballot votes 275 
 
 person voting in name already voted on 2/5 
 
 OTien to inspection 269 
 
 wher° kept ,. i69 
 
 poll cler.<, appointmput of 268 
 
 constable on polling day 268 
 
 discrenancv in number of ballots issued and in box, penalty on 297 
 
 duty in case siinnlies not available 2u7 
 
 denuty returning officer does not act 268 
 
 Imtironer use of stamp by 296 
 
 oath of 2G8 
 
 omission of rlutv or contravention of Ordinance 296 
 
 po'vers and liabilities 268 
 
 vole in nolling division other than residence 274 
 
 poUine: fllvioious, formation of 261 
 
 number of voters to be con+ained in 2fil 
 
 pollinT Tiiarps. additional may be provided 262 
 
 preparation of ^ 262 
 
 rooms in. outer and inner 269 
 
 s^inoMq may be used as ■ 268 
 
 securing 262 
 
 postTiononT-nt nf iT^mina^ion or plfction 263 
 
 q^opip] ronnrt to '^p made ifi case of 263 
 
 provi'Tng f(^v the polling -j5 
 
 f!Q+p 5iTii 'Vionrs *'65 
 
 plef^tiVn notice 265 
 
 irii'f'rmqtipn for electors 2d6 
 
 ouallflcation of voters * ' 
 
INDEX XXXV 
 
 ELECTIONS— CoJiiwiMecJ. p^ou 
 
 recount by judge (^'ee Court'of Revision) 289 
 
 abandonment if not properly demanded, etc 290 
 
 appointment for 290 
 
 service of ......'..'.................[[.[ 290 
 
 service of, proof of 290 
 
 ballot boxes, etc., disposition pending 290 
 
 candidate returned other than one firdt declared, immunity 
 
 of latter ^ lo 
 
 cost of recount and aubsequent proceedings 291 
 
 count of ballots 290 
 
 demand for ..'.'.'.'.......'............. . 289 
 
 evidence may be taken regarding poll ..^ ............. . 292 
 
 judge disqualified or unable to act when 292 
 
 particulars of judge's statement 291 
 
 rejection of illegal ballots 291 
 
 result of a tie 292 
 
 security for costs 289 
 
 time for and place of 290 
 
 resignation not permitted after poll till result determined 292 
 
 pending election petition 292 
 
 return of writ, date of 259 
 
 to clerk of executive council 285 
 
 report in case of postponed election 263 
 
 return, publication in gazette 293 
 
 retarPing officer, certified copies to be furnished by., 282 
 
 count by ' 282 
 
 decision by, where court of revision disagreed 281 
 
 declaration of election by 285, 289 
 
 deputy returning officers to be appointed 256 
 
 disposition of ballot boxes, etc., after eflection 277 
 
 disqualification of, not to avoid election 259 
 
 duties on receiving writ 260 
 
 fees and expenses of 293 
 
 indorsement of receipt of wfril 260 
 
 materials for elections to be supplied by 267 
 
 nomination proceedings, duties at 263 
 
 notice of polling places 262 
 
 oath of office 260 
 
 omission of duty or contravention of Ordinance 294 
 
 penalty for opening ballot box before count 282 
 
 postponement of election 263 
 
 special report in case of 263 
 
 qualification of 259 
 
 refusal or inability to act, duty of 259 
 
 return to 277 
 
 schedules 298 
 
 school houses, use of as polling places 262 
 
 scrutineers, appointment of 270 
 
 powers at polling places 270 
 
 vote in division other than residence 274 
 
 secrecy of ballot, violation of, penalty 297 
 
 sheriff, ballot boxes, etc., to be handed to 277 
 
 duty when election proceedings concluded 293 
 
 security for recount, deposit with 289 
 
 short title ^59 
 
 spoiled ballots \\'\: ; i"i'i' +' ' ' o^c 
 
 spoiled before u^ed, destroying and delivery , of new ballots.. 275 
 
 spoiled but placed in box, disposition of 276 
 
 stamp, improper use of, penalty ^»o 
 
 treating at elections, penalty ^»» 
 
 voter, appeal, has right of ^°^ 
 
 ballot paper, delivery to ■ ^ ' ^ 
 
 charge of illegal voting, notice of ^'^ 
 
 disposition of ballot after -^^ ^^* 
 
 directions to ' „qc 
 
 illegal acts by, voting twice ^»° 
 
 accepting bribe • „q„ 
 
 hiring teams to candidate, etc ''''" 
 
XXXVl INDEy 
 
 ELECTIONS — Continued. 
 
 voter, appeal, has right of — Continued. page 
 
 not understanding English 272 
 
 numbering consecutively 271 
 
 pencils, delivery to 272 
 
 person tpndering vote in name of person voted 278 
 
 personation of 297 
 
 polling place, to leave alter voted 273 
 
 qualification of 270 
 
 questions to be asked 271 
 
 answers to be recorded in poll book 271 
 
 resident to vote where 271 
 
 secrecy of ballot, violating 297 
 
 spoiling ballot paper, may receive another 275 
 
 statements to be made by 272 
 
 record of to be made 273 
 
 filing 273 
 
 refusal to subscribe 273 
 
 unable to sign statement, to make mark 273 
 
 mark ballot : 275 
 
 unlawful acts in voting 297 
 
 voting (See Poll) 271 
 
 direction to voter 273 
 
 entry in poll book 273, 274 
 
 illiterate 272 
 
 interpreter, use of 272 
 
 notice to answer charge 272 
 
 statements by voter 271 
 
 record of 271 
 
 writ of election (iS'ee Returning OtBcer) 259 
 
 contents of 259 
 
 forms of 260 
 
 Issue of 259 
 
 reading at hustings 264 
 
 return (See Return of Writ) 285 
 
 transmission of 260 
 
 ELECTIONS CONTESTED, 
 
 See Controverted Elections. 
 
 ELECTRIC COMPANIES, 
 
 See Water, Gas, Electric and Telephone Companies. 
 
 ENGINEERS, 
 
 See Public Works. 
 
 See Irrigation Districts. 
 
 See Steam Boilers Inspection. 
 
 ENTIRE ANIMALS (CO. 1898, c. 78), 
 
 advertisement of capture of stallion or bull 312 
 
 costs of, captor to be reimbursed 3^2 
 
 bull nine months old and upwards not to run at large 311 
 
 exception 311 
 
 running at large, capture and detention of (See Stallion or 
 
 Bull) 312 
 
 "captor," interpretation of expression 311 
 
 "department," interpretation of expression 311 
 
 fees to cantor of stallion or bull 312 
 
 to justice 314 
 
 to salesman 313 
 
 internretation "captor" 311 
 
 "department" 311 
 
 "iusticp" 311 
 
 "rninister" 311 
 
 "owner" 311 
 
 "running at large" 311 
 
 penaltv for omitting to pav captor's fees, etc ?11 
 
 for owner allowing stallion or bull to run at large after notice 313 
 
 "run at large," "running at large," interpretation of expressions.. 311 
 
 short title 311 
 
INDEX xxxvn 
 
 ENTIRE] ANIMALS — Vontinued. page 
 
 stallion of one year old and upward not to run at large 311 
 
 stallion or bull running at large may be captured and detainea.. 312 
 
 except in pound or herd district "-^^ 
 
 owner to be notified by captor 312 
 
 to pay captor $5 and 25 cents per diem for keep oj.ii 
 
 penalty for omission 312 
 
 proceedings for sale on failure 312 
 
 owner unknown, publication of notice, etc 312 
 
 fees to captor 312 
 
 cost of advertising, reimbursement of •• • ■ • 312 
 
 sale, auctioneer's license not necessary ^±2 
 
 failing claim or payment 3 ±2 
 
 justice's fees 314 
 
 proceeds of, disposition of 313 
 
 balance of, failing claim witbin twelve months to go 
 
 into general revenue fund 313 
 
 return by J.P. to department 313 
 
 salesman's fees . 313 
 
 who may sell 313 
 
 ESTATES, 
 
 See Administration. 
 
 See Devolution. 
 
 See Trustees, Executors - and Administrators. 
 
 ESTRAY ANIMALS, 
 
 See Stray Animals. 
 
 EXECUTIONS, 
 
 See Creditor's Relief. 
 See Exemptions. 
 See Judicature. 
 
 EXECUTORS, 
 
 See Trustees, Executors and Administrators. 
 
 EXECUTIVE COUNCIL, 
 
 See Departments of Government. 
 See Public Service. 
 
 EXECUTIVE GOVERNMENT, 
 
 See Departments of Government. 
 
 See Public Service. 
 
 See Security of Public Officers. 
 
 F-x-FMPTIONS PROM EXECUTIONS (CO. 1898), 
 
 arlSe forming consideration of Judgment not exempt e^ept ^^^ 
 
 ,tlou deb°tor'lnmild't ' choic^ from' articles' exempted'. . '. : '. '. 317 
 
 SS?o"n t't°extTndef to absconding debtor leaving no. wife or ^^^ 
 
 family ; • • . 317 
 
 StT of ^Se^'ex^:^- ^lebtor' continued 't^; 'famUy. ... 317 
 
 nersonal property exempt • g-l^g 
 
 reT property exempted from seizure .................■••■• ^^^ 
 
 short title 
 
 EXPROPRIATION OF LAinDS, 
 See Municipal. 
 See Public Works. 
 
 EXTRA JUDICIAL SEIZURE, 
 See Distress for Rent. 
 
 FACTORS AND AGENTS (CO. 1898 c. 40), ^^^ 
 
 "agent" (See Mercantile Agent) .^^^. ^^• — — ^.^.^ ^^^^^^ 319 
 
 £'T^. S^eeSntf through, Smed agreements with agent. . . 819 
 
XXXVIU INDEX 
 
 FACTORS AND AGENTS — Gontiimed. page 
 
 consent of owner of goods to disposition by agent, presumed 31S 
 
 disposition by buyers and sellers of goods 323 
 
 by seller retaining possession valid as though authorised by 
 
 owner 320 
 
 by buyer obtaining possession valid as if he were a mercantile 
 
 agent in possession with consent of owner 320 
 
 dispostition by mercantile agent, agreements through clerks, etc., 
 
 deemed agreement with 319 
 
 disposition by consent of owner presumed 319 
 
 interpretation 318 
 
 liability of 321 
 
 pledge by 319 
 
 powers under common law amplified by Ordinance 321 
 
 powers respecting the disposition of goods 329 
 
 "document of title," Interpretation 318 
 
 document of title, effect of transfer of on vendor's lien or right 
 
 of stoppage in Iransitv 321 
 
 how transferable 321 
 
 exchange of goods or documents, right acquired by 319 
 
 "goods" interpretation 318 
 
 goods subject to lien for advances to consignor not actual owner. . 320 
 
 interpretation 318 
 
 liability of agent 321 
 
 lien on goods for advances to consignor not actual owner 320 
 
 mercantile agent 318 
 
 owner's rights in respect if goods in possession of agent or assigned 
 
 or pledged, etc., or proceeds thereof 321 
 
 "person," interpretation 318 
 
 "pledge," interpretation Sx6 
 
 pledge of document of title to goods deemed pledge of goods 319 
 
 of goods for antecedent debt 319 
 
 "possession," when person deemed in 318 
 
 rights acquired by exchange of goods or documents 318 
 
 short title 318 
 
 supplemental, liabilltv of agent 321 
 
 saving rights and powers 321 
 
 "title, document of," interpretation 321 
 
 transfer of documents by indorsement or delivery 321 
 
 effect of on vendor's right of lien or right of stoppage in 
 
 transitu 321 
 
 FENCES (1903, Sess. 2, c. 28). 
 
 action for damages (See Fence) 322 
 
 arbitration (Hcc. Disagreement as to Fence) 324 
 
 damages (See Disagreement as to Pence) 322 
 
 disagreement as to fencing and damages 323 
 
 arbitration 324 
 
 exceptions as herd and pound districts 324 
 
 fencing (See Disagreement as to Fencing and Damages) .123 
 
 fence across closed trails 324 
 
 around crops 323 
 
 around stacks 323 
 
 lawful absence of 322 
 
 lawful, defined 322 
 
 line, liability of adjoining owners 323 
 
 liability of adjoining owners for line 323 
 
 repeal 325 
 
 short title 322 
 
 trespassing of animals 323 
 
 liability of owner 323 
 
 FERRIES, 
 
 See Public "Works. 
 
 FIRES, 
 
 See Construction of Chimneys. 
 See Investigation of Fires. 
 See Prairie and Forest Fires. 
 
INDEX XXxix 
 
 FIRE INSURANCE, ^^^ 
 See Fire Insurance Policy. 
 See Mutual Fire Insurance. 
 
 FIRES INVESTIGATION, 
 
 See Investigation of Fires. 
 
 FIRii] INSURANCE POLICY (1903, Sess. 1, c. 16), 
 
 actions against company (See Schedule) 332 
 
 appeal , 227 
 
 arbitration (See Schedule) .................................. . 327 
 
 commencement 327 
 
 cancellation notice to be given mortgagee 326 
 
 company liable 325 
 
 conditions, policy, waiving of (See Scnedule) 328 
 
 statutcrv (See Schedule) 325,3^7 
 
 uniust to be null 327 
 
 variations in 326 
 
 Ipgality of variations 327 
 
 mortgage, loss payable to whom 326 
 
 short title ij5 
 
 scir-dulp, s*^a*utnrv conditions 3''7 
 
 statutorv conditions 325 
 
 variations 325 
 
 FOREIGN COMPANIES (1903, E'ess. 1, c. 14), 
 
 action, right of registered company 337 
 
 unrpgistered company no rigdt of 337 
 
 affiiavit that company in existence required on registration 334 
 
 annual statement 335 
 
 summary of particulars 335 
 
 ppnaltv for not filing . . ". 336 
 
 registrar may rer-uire further particulars 336 
 
 verification by affidavit 336 
 
 attorney, power of reauir=d to be rpeistered , 334 
 
 balmoe sheet, true conv to be registered 334 
 
 certificate of registration — evidence 335 
 
 ru'-liP'Jtion in gazette • ^""^ 
 
 charter, conv to ^e reeistered 334 
 
 (See Tnternretation) 333 
 
 charter and rfg'iiatinn=! (See Interpretation) 333 
 
 court fSee Tntprnretation) 333 
 
 effect pt' rpgis*ratipn 334 
 
 e-i.pxv|^(;jPti from nenaltv of cprtoin traveller^? 333 
 
 existin"? companies, provision for 338 
 
 fees 334 
 
 foreign ppm'^anv (See Tnt'^rnr'^tatioul _ i>33 
 
 forms alterqtipn of bv Ijieuten^int Governor in Council 338 
 
 general risbts and i^owers of reg'st^r^d ^omnqriies '^"'' 
 
 Hudson's Pav Company exempted from Ordinance . 338 
 
 intprnretation 3od 
 
 judges (See Tnternrptation) 333 
 
 lands, right of resristerpd companv to hold 337 
 
 llcpnse fee, no municinal to be charged 337 
 
 powpr of attornev required to he registered 334 
 
 resistrar (See Tnternretation) 333 
 
 registration, effect of 334 
 
 procedure ^^* 
 
 renuired, penalty, exemption from iii 
 
 repeal . • • HI 
 
 s^oTt title ^-^t 
 
 sub'stitnt^d c,..rvipp on '■prmanv ••.•••••■■•■• 'a 
 
 susnenslon ani rpvocation of recistration how 338 
 
 summary of partipulars to be registered 334. 335 
 
 subscribers, firms' or company ■ - . . , ■ ■ ^^s?. 'i^ I 
 
 F01>..^»T FIRES, 
 
 See Prairie Fires. 
 
xl 
 
 INDEX 
 
 FORM AND INTERPRETATION OF ORDINANCES, pace 
 See Interpretation. 
 
 GAME PROTECTION (1902, Sess. 2, c. 29), 
 
 application of Ordinance 345 
 
 to curators of museums 345 
 
 Indians 345 
 
 ■ big game" {See Interpretation) .'. 339 
 
 protected (See Proliibitions) 340 
 
 "close season" (See Interpretation, Prohibitions) 339,340 
 
 "commissioner" (See Interpretation) '. 339 
 
 curators of museums (See Application of Ordinance) 345 
 
 dog, sporting (See Prohibitions) 340 
 
 eggs, protected (See Prohibitions) 342 
 
 evidence prima facie 341 
 
 export of game (See Prohibitions) 341 
 
 low grade furs 342 
 
 foreign game birds (See Permissions) 344 
 
 forms (See Schedule) 346 
 
 '■fur bearing animals" (See Interpretation) 339 
 
 protected (See Prohibitions) 341 
 
 "game" (See Interpretation) 339 
 
 "game birds" (See Interpretation) 344 
 
 foreign (See Permissions) 344 
 
 protected (See Prohibitions) 339 
 
 game guardians 345 
 
 appointment of 345 
 
 duties of 345 
 
 ex offlcio 345 
 
 "guardian" (See Interpretation) 339 
 
 guest permit (See Permissions) 342 
 
 Interpretation, "big game" , 339 
 
 "close season" 339 
 
 "commissioner" 339 
 
 "fur bearing animals" 339 
 
 "game" 339 
 
 "game bird" 339 
 
 "guardian" 339 
 
 "nonresident" 339 
 
 license for nonresident (See Permissions) 342 
 
 limitation of prosecutions (See Prosecutions) 344 
 
 museums, curators of (See Application) 345 
 
 nonresident (See Interpretation) 339 
 
 license for (See Permissions) 342 
 
 Ordinance, application of (See Application) 345 
 
 penalties and prosecutions 344 
 
 period of close season (See Prohibitions) 340 
 
 permissions, for nonresident 342 
 
 privileges of 342 
 
 production of 342 
 
 for scientific purposes 342 
 
 game birds, foreign 344 
 
 guest permit 3i4 
 
 ■taxidermist, possession by 344 
 
 prohibtions, certain trading 342: 
 
 dogs, sporting, lo be kept confined o^O- 
 
 eggs, protection of 342: 
 
 export of game b41 
 
 low grade furs 342 
 
 hunting at night 342 
 
 big game o41 
 
 fur bearing animals 340 
 
 game birds u41 
 
 on Sunday 340 
 
 over enclosed land 340 
 
 prosecutions, limitations of 344 
 
 penalties 344 
 
 repeal ■ 345 
 
 schedule •■•■,■ , ■, , 346 
 
INDEX xli 
 
 GAME PROTECTION— Con«jiMecZ. * paop 
 
 short title ^^39 
 
 Sunday Hunting (See Prohibitions)' '.'.'.'.'.'.'."" 343 
 
 taxidermist, possession by (See Permissions) ' .' . 344 
 
 GAS COMPANIES, 
 
 See Water, Gas, Electric and Telephone Companies. 
 GAZETTE, 
 
 See Public Printing. 
 GOODS, 
 
 Ste Bills of Sale. 
 
 See Conditional Sales of Goods. 
 
 See Pactjrs and Agents. 
 
 See Sales of Goods. 
 
 GOVERNMENT, 
 
 See Departments. 
 
 See Executive Government. 
 
 See Public Service. 
 
 GRANTS FOR PATRIOTIC PURPOSES, 
 See Municipal. 
 
 GRANTS FOR SCHOOLS, 
 See School Grants. 
 
 GUARDIANS OP INFANTS AND LUNATICS, 
 See Judicature. 
 
 HAIL INSURANCE (1903,. Sess. 1, c. 7), 
 
 administration of Ordinance ^ , 348 
 
 application and receipt to form contract 348 
 
 lee on 348 
 
 forms for 348 
 
 appraisements of loss and damage 3^9 
 
 appraisement 349 
 
 aroltratlon 350 
 
 cost of 350 
 
 examination of area affected 349 
 
 notice of loss 349 
 
 "crop" (See Interpretation) 348 
 
 contract 348 
 
 by minister 348 
 
 formed by application and receipt y48 
 
 when valid 348 
 
 fee on application for insurance 348 
 
 forms ot (See Schedule) 348 
 
 insurance, rates of (See Rates) 348, 349 
 
 interpretation 348 
 
 "crop" 348 
 
 "minister" 348 
 
 loss, notice of (See Appraisement) 349 
 
 appraisement of (See Appraisement) 349 
 
 minister (See Interpretation) 3*8 
 
 authorised to make contract (See Contract) 348 
 
 payment of expenses and losses 350 
 
 deficiency 350 
 
 statement of minister !*oO 
 
 rates of insurance 348, 349 
 
 repeal fb 
 
 schedule 1°^ 
 
 short title :••••■ ^^^ 
 
 HAWKERS AND PEDLBRS, 
 See Auctioneers. 
 See Municipal. 
 See Villages. 
 
xlii 
 
 INDEX 
 
 HEALTH, PAGE 
 iSee Contagious Diseases. 
 See Public Health. 
 
 lllwtDlXG OF ANIMALS (CO. 1S^«, c. 8i; 
 
 "animal" defined 353 
 
 appoia'jutnt of pound keepprs ut/6 
 
 bulls in f 0! c. districts •. 3o4 
 
 running at large, penalty for allowing after notice 355 
 
 complaint by owner, notice to poundkeepe.r, deposit of damages, 
 
 etc., and release of animal 360 
 
 how to be formulated 360 
 
 hearing of 360 
 
 common law rights of owner, saving as to 361 
 
 damages may be claimed by action in competent court 
 
 "deoartment" defined S^i 
 
 distraining and impounding of animals (See Impounding) 355 
 
 animals distrained may be released before impounding on 
 
 payment of charges 358 
 
 "distrainor" defined 3o3 
 
 dut les of pound keeper 357 
 
 ifees for inspection of pound book 357 
 
 fees for extracts from pound books 357 
 
 in respect of impounding animals, payable to pound keeper . . 3o3 
 
 to proprietor and pound keeper 363 
 
 "herd district" defined 353 
 
 what districts may be organised and how 354 
 
 Impounding of cattle, causes for which animals may be impounded 355 
 In unauthorised pound or place, penalty for damages not 
 
 recoverable from owner 358 
 
 statement to ^e left with pound keeper on ; 355 
 
 temporarily in unauthorised place ....?.- 
 
 notice to owner 356 
 
 injerpretation , 353 
 
 "j\istice" defined 353 
 
 "minister" defined 353 
 
 notice of impounding 350 
 
 offences and penalties 355, 361 
 
 operation of Ordinance, time and place 354 
 
 organisation of herd districts 354 
 
 declaration by Lieutenant Governor in Council 354 
 
 notice of intention to be published and posted before i.A 
 
 notice of intention ho'>v to be posted 354 
 
 may be made falling objections within 30 days 354 
 
 objections how to be made '. . 354 
 
 "owner" defined 3oS 
 
 payment of charges on impounded animals 353 
 
 penalty for allowing stallion or bull to run at large after notice.. 357 
 
 ofrences by pound keeper 361 
 
 rescue of impounded animal 363 
 
 destruction or injury of pound 363 
 
 Illegal impounding 362 
 
 causing animals to trespass ., 363 
 
 pound, existing, crntinued and subject to Ordinance 356 
 
 publication in gazette of establishment or abolition to be 
 
 evidence 357 
 
 to be kept clean and in repair, and animals supplied with food 
 
 and water 357 
 
 pound book and conv of Ordinance to be kept -y pound keeper .... 357 
 
 open to inspection of J. P. or N.W.M.P. without charge 357 
 
 anv person on pavment of fee of 10 cents 357 
 
 extracts from, fees for 357 
 
 to be handed over to successor 357 
 
 pound keeper" defined 353 
 
 eyi=itiTiE;, continued and subject to Ordinance 356 
 
 appointment of a '6 
 
 notice to be published in gazette S'lB 
 
 terminates 31st December 356 
 
INDEX xliii 
 
 HERDING OF At^IUALS— Continued. 
 
 pound keeper, defined — Continued. page 
 
 eligible for reappointment 356 
 
 resignation of 356 
 
 publication in gazette of appointment or removal to be evidence 357 
 to keep pound clean, in repair and animals supplied with food 
 
 and water 357 
 
 burden of proof on, that animals properly cared for, etc 362 
 
 responsibility for loss or damage 357 
 
 returns by to minister when required : . . 357 
 
 to detain animals impounded until fees are paid and receipts 
 
 of notice, etc 358 
 
 notice by to owners of animals impounded 358 
 
 not to have interest in sale 359 
 
 "proprietor" defined 353 
 
 return by pound keeper to minister when required 357 
 
 "run at large," "running at large" defined _ 353 
 
 - proceeds of sale (See Sale) ' 359 
 
 sale of impounded apimals, when animals may be sold, and notice 358 
 
 pound keeper to be auctioneer 359 
 
 no penalty for acting as auctioneer without a license 359 
 
 time and place of 359 
 
 pound keeper not to have interest in 3o9 
 
 when animals may not be sold 359 
 
 If owner unknown, all animals to be sold 359 
 
 return to department 359 
 
 proceeds of, how to be disposed of 359 
 
 unclaimed balance to be paid to minister 359 
 
 If unclaimed for twelve months to form part of general 
 
 revenue fund 360 
 
 short title ^-3 
 
 stallions or bulls in herd districts 2^* 
 
 running at large, penalty for allowing after notice '^55 
 
 "trespasser" defined 353 
 
 HIRE RECEIPTS, 
 
 See Conditional Sale of Goods. 
 
 HORSE BREEDERS (1903, c. 23), 
 
 advertisement of stallions 367 
 
 certificate of cross-bred stallion 367 
 
 grade stallion 367 
 
 stallion 367 
 
 colt, sale of (See Enforcement of Lien) 368 
 
 commencement 368 
 
 "commissioner" (See Interpretation) 366 
 
 copies of certificate to be posted 366 
 
 "department" (See Interpretation) : 366 
 
 enforcement of lien 368 
 
 sale of colt 368 
 
 application of proceeds 368 
 
 evidence of advertisement • • • 367 
 
 claim for service (See Registration) oti7 
 
 filing of registration of lien (See Registration) 367 
 
 forms (See Schedule) 369 
 
 interpretation ' 366 
 
 "commissioner" 'e°° 
 
 ' department" ^°^ 
 
 "owner" • • fj„ 
 
 lien enforcement of (See Enforcement) 368 
 
 registration of (See Registration) 367 
 
 "owner" (See Interpretation) ^bb 
 
 registration of stallion ^bb 
 
 lien of service ■ • ^°' 
 
 filing of •••••• ■- Ill 
 
 effect of ■ ^l' 
 
 sale of colt (See Enforcement) •• • ^^^ 
 
xliv 
 
 INDEX 
 
 HORSE BREEDERS — Continued. (Page 
 
 schedule ) 369 
 
 service, lien for (See Resistration) 367 
 
 short title 366 
 
 stallion, advertisement of (See Advertisement) 367 
 
 evidence of ( See Evidence ) 367 
 
 certificate of (See Certificate) 367 
 
 HOSPITALS (1907, c. 8), 
 
 aid to hospitals 370 
 
 advances on account 370 
 
 hospitals, aid to 370 
 
 inspection of (See Inspection) 371 
 
 regulations for (See Regulations) 371 
 
 inspection of hospitals 371 
 
 interpretation 370 
 
 regulations 370 
 
 returns 370 
 
 false, penalties for 370 
 
 repeal 372 
 
 HOTELS, 
 
 See Keepers of Hotels and Boarding Houses. 
 
 See Liens. 
 
 See Liquor License. 
 
 ILLEGITIMATE CHILDREN, 
 
 See Devolution of Estates. 
 
 See Support of Illegitimate Children. 
 
 IMPROVEMENTS, 
 
 See Local Improvement. 
 
 INFANT'S CUSTODY AND PROPERTY, 
 See Judicature. 
 
 i . INJURIES TO STOCK, 
 
 See Stock Injured by Railway Trains. 
 
 INJURIES TO WORKMEN. 
 
 See Workmen's Compensation. 
 
 INQUIRIES CONCERNING PUBLIC MATTERS (CO. 1908 c. 12), 
 
 commissioners appointment of 372 
 
 Inspection of public offices 373 
 
 powers of commissioners 373 
 
 INSANE PERSONS (CO. 1898. c. 90), 
 
 attorney general, report of inouirv, with cony of information and 
 
 evidence, to be forwarded to by J.P 374 
 
 further inquiries may be ordered by 374 
 
 discharge of pf r^on alleged to be Insane if inquiry fails to establish 
 
 insanity 374 
 
 estate and property of (See Judicature) 
 
 evidence, what to be taken 374 
 
 copy of to be forwarded to attorney general with J.P.'s report 374 
 
 power to summon witnesses 374 
 
 fees to J.P 373 
 
 information warrant to be issued by J.P. upon 373 
 
 copy to be forwarded to attorney general with J.P.'s report . . 373 
 report by J P. (with copy, information and evidence) to be sent 
 
 to attorney general 374 
 
 warrant to apprehend, issue of by J.P 373 
 
 form 373 
 
 warrant of commitment 374 
 
 witnesses, power to J.P. to summon 374 
 
 INSPECTION OP STEAM BOILERS, 
 See Steam Boiler Inspection. 
 
INDEX Xlv 
 
 INSPECTION OF STOCK, page 
 
 See Stock Inspection. 
 
 INSOLVENCY, 
 
 See Assignments for Creditors. 
 
 See Creditor's Relief. 
 
 See Preferential Assignments. 
 
 INSURANCE, 
 
 See Fire Insurance Policy 
 
 See Hail Insurance. 
 
 See Insurance for Wife and Children. 
 
 See Mutual Fire InsurMce. 
 
 INSURANCE FOR WIFE AND CHILDREN (CO. 1898, c. 49), 
 
 actions for insurance money to be consolidated, parties 382 
 
 ante nuptial nrii^v, suV.=oriuent, declaration for benefit of wife or 
 
 children valid 377 
 
 appointment of trustee, etc., company to be notified 382 
 
 apportioned policy, share of a beneficiary dying before msured 
 
 person 378 
 
 in default of other disposition to form part of estate of insured 379 
 
 apportionment of insurance for benefit of wife, children or child.. 377 
 
 may be varied by declaration or will 377 
 
 absence of, division 378 
 
 death of beneficiary or beneficiaries 379 
 
 declaration for benefit of future wife or children 379 
 
 assignment of policy 37S 
 
 persons entitled to succession , 378 
 
 bonuses and profits subject to direction of Insured 381 
 
 borrowing money for pavment of premiums, sums borrowed a first 
 
 lien on policy 381 
 
 children as a class beneficiaries, proof of number, names and ajes 
 
 to be adduced to company 379 
 
 company admitting claim, failing trustee, executor or guardian may 
 
 pay money into court 380 
 
 costs of payment out 380 
 
 failing to pay, court may order payment 380 
 
 costs of application 381 
 
 company to be notified of declaration or appointment of trustee or 
 
 revocation of same 382 
 
 costs of payment out of money voluntarily paid into court by com- 
 pany 380 
 
 of aplication for order for payment over by company 381 
 
 creditors' rights 382 
 
 declaration that insurance for benefit of wife or children creates a 
 
 trust, and insurance not part of husband's estate .... 377 
 
 apportionment may be varied by 377 
 
 company to be notified of 38? 
 
 (in absence of anoortionment, and after death of beneficiaries 1 
 
 for benefit of future wife or children 373 
 
 valid, thru^li poMcv ante nuotial 377 
 
 executors, failing appointment of trustees, shares of infants may be 
 
 paid to 379 
 
 investment by 380 
 
 fees on appointment guardian or grant of probate when insurance 
 
 money does not exceed $400 388 
 
 guardian, failing appointment of trustee, share of Infant may be 
 
 paid 379 
 
 fees on appointment when insurance money does not exceed 
 
 $400 3S0 
 
 investment by 3S0 
 
 to give security 380 
 
 infants (See Trustee and Guardian) 379 
 
 insurance for benefit of wife and children, or wife, children or 
 
 child, apportionment 377 
 
 action for insurance money to be consoliiated, parties 3S2 
 
 apportioned, share of benpficiarv dying before person insured 378 
 in default of other disposition, to form part of estate of 
 
 insurea '■ - *....< H78 
 
xlvi 
 
 IJIDEX 
 
 INSURANCE FOR WIPE AND CHI'LBU'KN— Continued _ page 
 insurance for benefit of wife, etc. — Continued. 
 
 declared for benefit of wife or children a trust and not part of 
 
 husband's estate 377 
 
 declaration valid though policy ante nuptial 377 
 
 for benefit of children as a class, proof of number, names and 
 
 ages to be adduced 379 
 
 may be in name of insured, wife or trustee 377 
 
 money to be paid free from claims of creditors if Insured ... 379 
 
 other mode of. Ordinance not to restrict 3S2 
 
 pledge of policy prior to declaration 377 
 
 surrender of policy for paid up policy 381 
 
 surrender or assignment of policy . . .^ 378 
 
 persons entitled in succession 383 
 
 interpretation 376 
 
 investment by trustee, executor or guardian 380 
 
 "maturity of the contract," interpretation 376 
 
 "maturity of the policy," interpretation 376 
 
 Ordinance not to restrict other modes of insurance or assignment. . 383 
 
 parties in actions for insurance money 382 
 
 payment of insurance money free from claims of creditors of 
 
 insured ' 379 
 
 by company admitting claim, under judge's order 380 
 
 into court by company admitting jClaim 380 
 
 out of court of money voluntarily paid in by company, costs of 380 
 
 to trustees discharges company 379 
 
 pledge of policy prior to declaration 377 
 
 policy (See Insurance) 377 
 
 profits subject to direction of insured 381 
 
 surrender or assignment of policy 378 
 
 persons entitled in succession 373 
 
 of policy for paid up policy 381 
 
 trustee, appointment of and investment by 379 
 
 company to be notified of appointment or revocation of appoint- 
 ment of 3S2 
 
 failing appointment of trustee, executor or guardian, company 
 
 admitting claim may pay money into court 380 
 
 failing appointment of, shares of infants may be paid to exe- 
 cutor or guardian ., 379 
 
 payment to discharged company .' 379 
 
 INTEREST, 
 
 See Distress for Rent. 
 
 INTERPRETATION (CO. 1898, c. 1), 
 
 "affirmation" included in "oath" in certain cases 387 
 
 amendment in same session 3Y5 
 
 not to involve declaration as to previous law . 390 
 
 application of Ordinance ' ' ' ' ' ^^^ 
 
 where inconsistent with other Ordinances 384 
 
 appointment, power'of," includes power to remove ... 388 
 
 arbor day. , . . .\\ . : . . 3gg 
 
 assent- of ileiltenaHt' Goveftof; indorsation ' . ■■■■•■:■-■■■ '-■ ■ ~ 
 
 reservation of _ / .' .'.' ' '_'. '.. gg^ 
 
 authentication, of copies of Ordinances ....... 1 .!!!," '' 393 
 
 bodies corporate, general i)owers and obligations -. . . , '' '" ' ' ' '' ' 339 
 
 bylaws, rules, etc., power to, make includes power to revoke 389 
 
 certified copies of Ordinance ' ' ' ' ,00 
 
 fee on ".'..■.■.■. 393 
 
 certificate if Ordinance disallowed 004 
 
 citation of Ordinance ^^3 
 
 clerk of assembly to have custody of Ordinances '393 
 
 authentication by of duplicates ono 
 
 commencement of Ordinances o^< 
 
 consolidated Ordinances, citation . no^ 
 
 construction so as to effectuate true intent qnt 
 
 reserving power to repeal, etc. . ,00 
 
 to be deemed remedial .... -.■■ . ^s» 
 
 of this Ordinance ■;■/■'■'.■■.■ ■•■•■• ^»^ 
 
INDEX xlvii 
 
 INTERPRETATION— OoniiwMeS. page 
 
 "crown, the," mpatiln? 3S5 
 
 "declaration" included in oath in'certain cases ............. .. 387 
 
 disallowed Otdinancps. CFrtlficate on copies issued hy clerk Legis- 
 lative Assembly 394 
 
 duties, penalties, etc., belonging to crown 391 
 
 enacting words 3g4 
 
 enactment, form of .., 384 
 
 enforcement of Ordinances, proceedings for 391 
 
 evidence of Ordinances 393 
 
 "felony" ' ' ....'. 387 
 
 forfeitures, recovery where no other mode provided . ,• 391 
 
 belong to crown unless other provision 391 
 
 form of enacting 384 
 
 of Ordinances 384 
 
 forms, slight deviation from 389 
 
 gazette 387 
 
 gender and number 386 
 
 "government," "government of Territories" 385 
 
 "herein" 3S5 
 
 "her Majesty" 385 
 
 "holiday" 38(5 
 
 time expiring on 387 
 
 imprisonment, place of under Ordinances . . ,, 3S6 
 
 intent, true, to be effectuated : 392 
 
 interpretation 385 
 
 "justice" 388 
 
 jurisdiction local 388 
 
 judicial notice 392 
 
 law always speaking 385 
 
 "Lieutenant Governor" 335 
 
 "Lieutenant Governor in Council" 385 
 
 "magistrate" ,. 388 
 
 jurisdiction, local 388 
 
 majority may do act for several 3?3 
 
 "may" permissive 38t 
 
 minister of the crown, directions and powers to Include substitute 389 
 
 successors and deputies 389 
 
 "misdemeanour" 387 
 
 "month" , , 388 
 
 mountain standard time . 387 
 
 name commonly applied to place, oflBclal, etc 386 
 
 "next" 386 
 
 "North- West Government" 38j 
 
 "now" 386 
 
 number and gender 386 
 
 "oath," what included in 387 
 
 oaths, persons authorised to administer and certify 387 
 
 officers {See Public Officers) 388 
 
 "official gazette" 3<!7 
 
 Ordinances, authentication of copies 393 
 
 certified copies ■ • • • 393 
 
 certificate if disallowed 393 
 
 citation ■ 383 
 
 custody of 393 
 
 deemed public , 392 
 
 'deemed remedial 392 
 
 form of 384 
 
 not in force at once proceedings under 392 
 
 record of 393 
 
 penalties or forfeitures, belong to crown unless other provision . . 391 
 
 procedure for recovery 391 
 
 where no other mode provided 391 
 
 "person" ' 38R 
 
 power to act includes necessary incidental powers 388 
 
 preamble, effect of 384 
 
 private Ordinances, effect of limited 389 
 
 proceedings under Ordinances before coming into force 392 
 
 "proclamation' • 386 
 
 to be made by Order to Council 8S6 
 
xlviii 
 
 INDEX 
 
 INTERPr.ETATION — Continued. paoe 
 
 public Ordinances, all Ordinances deemed to be 392 
 
 public moneys, mode of expenditure if not otherwise provided. . . 388 
 
 public officers or functionaries 388 
 
 directions or powers to Include successors and deputies .... 388 
 
 hold office during pleasure 389 
 
 local jurisdiction of 388 
 
 power to appoint includes power to repiove 388 
 
 punishment of officers, procedure 391 
 
 "Queen, the" 385 
 
 references to sections, inclusive of both 392 
 
 mean printed Ordinances 392 
 
 repeal in same session 385 
 
 of repealing Ordinance 390 
 
 not involve declaration as to previous law 390 
 
 other provisions substituted, officers and proceedings continued 390 
 
 bylaws, etc., continued 390 
 
 references extend, to substituted provisions 390 
 
 vested rights or pending actions not affected 390 
 
 offences committed or forfeitures incurred prior to 391 
 
 rules and orders, power to make includes power to revoke 389 
 
 "security" ' 387 
 
 "shall" imperative 385 
 
 short title 383 
 
 "standard time" 387 
 
 summary conviction on" 391 
 
 Sunday, time limited expiring on 387 
 
 "sureties" 387 
 
 "sworn" includes "affirmed" or "declared" 387 
 
 "Territories" 386 
 
 time expiring on Sunday or holiday 387 
 
 of commencement of Ordinances 384 
 
 standard 387 
 
 "United Kingdom" 385 
 
 "United States" 386 
 
 "writing," "written" 386 
 
 "year" 386 
 
 INTOXICATING LIQUORS, 
 See Liquor Licenses. 
 
 INVESTIGATION OP ACCIDENT BY FIRE (CO. 1898, c. 36), 
 
 examination of witnesses to be on oath reduced to writing and 
 
 reutrned to attorney general 394 
 
 inquiry into cause of fire may be instituted by a justice 394 
 
 not to be instituted except (1) upon sworn statement of rea- 
 sonable supsicion 394 
 
 (2) after report to attorney general and receipt of au- 
 thority to proceed 394 
 
 penalty for nonattendance of witness and enforcement 394 
 
 IRRIGATION DISTRICTS (CO. 1898, c. 74 and 1901, c. 20), 
 
 annual election of trustees 401 
 
 area of district alteration ; 420 
 
 arrears of taxes, confirmation of return ........ 416,417 
 
 assessment to be made 404 
 
 proceedings regarding . . 404 
 
 authorisation under Irrigation Act application for 403 
 
 borrowing money till collection of taxes 419 
 
 borrowing powers 425 
 
 board of trustees (See Trustees) 411 
 
 bylaw to raise necessary funds by debenture 407 
 
 submission to vote 405 
 
 commissioner ■ 424 
 
 court of revision 405 
 
 district commissioner 425 
 
 erection of district, order for 398 
 
 estimate of cost of works to be made 409 
 
 annual of necessary rate 415 
 
 executions against districts procedure on . ^^ ,. 420 
 
INDEX Xlix 
 
 IRRIGATION DISTRICTS— CoKimwetf. pace 
 
 existing districts continued 396 
 
 interpretation 395 
 
 lien on land for taxes ........!!.................... 418 
 
 notice of proposed establishment of district [............. 397 
 
 officers, failure to appoint 420 
 
 organisation of district 3q6 
 
 petition for erection of district . 396 
 
 verification of ; 3q6 
 
 notice of publication ' 396 
 
 regulations and bylaws 402 
 
 rules and regulations of commissioner 426 
 
 secretary treasurer , . . . 402 
 
 security by ' 403 
 
 short title 395 
 
 taxes, levy and collection of 415 
 
 enforcempnt of payment of 41 6 
 
 trustees, body corporate 401 
 
 chairman and secretary treasurer 402 
 
 declaration of office 400 
 
 election of, proceedings 338 
 
 meetings of 402 
 
 term of office 400 
 
 vacancy in board 400 
 
 vote on question of erection, proceedings on 398 
 
 JUDICATURE (CO. 1898, c. 21 as amneded 1899, c. 5, 1900, c. 5, 1903, 
 Sess. 2, c. 6), 
 
 action, interpretation 427 
 
 choses in, assignment of . . . 431 
 
 affidavits, interpretation 427 
 
 causes, interpretation 427 
 
 clerk's duties 433 
 
 absence of provision for 434 
 
 accounts by 433 
 
 books to be kept by 433 
 
 books open to public 433 
 
 deputy of 587 
 
 disposition of books when vacancy 434 
 
 duties of 433 
 
 interpretation of terms 427 
 
 office hours 433 
 
 vacancy in office '. '. '.'.'.' 434 
 
 common law, equity to prevail over 433 
 
 conflicting claims, interpleader 4a2 
 
 counterclaim 432 
 
 damages, injunction 432 
 
 defendant, interpretation 427 
 
 equitable relief to 430 
 
 deputy clerk, interpretation 427, 587 
 
 districts, boundaries of judicial 429 
 
 England, laws of evidence 433 
 
 practice and procedure, how far followed 428, 430 
 
 entry and trial of suits, where (See Jurisdiction) .-,. 428 
 
 equity, rules of to prevail -.-...• 433 
 
 equitable claims (See Rules of Law) 430 
 
 defences (See Rules of Law) 430 
 
 evidence (See Rules of Law) 433 
 
 execution creditor, interpretation 428 
 
 express trusts (See Rules of Law) . . . 431 
 
 injunction (See Rules of Law) 432 
 
 interpretation of terms 427 
 
 "action" 427 
 
 "causes" 427 
 
 "clerk" 427 
 
 "defendant" 427 
 
 "execution creditor" 428 
 
 "judgment" 428 
 
 "lunatic" 428 
 
IMDEX 
 
 JUDICATURE — Gontinued. page 
 interpretation of terms — Continued. 
 
 "matter" 427 
 
 "originating summons" 427 
 
 "order" : 428 
 
 "party, parties" 427 
 
 "person" 427 
 
 "petitioner" 427 
 
 "plaintiff" , 427 
 
 "'pleading" ' ' 425 
 
 "receiver" 427 
 
 "rules of court" 428 
 
 "sheriff" ' 428 
 
 Judges in chambers sitting as in court 429 
 
 Judgment (See Interpretation) 428 
 
 final determination (See Rules of Law) 431 
 
 Judicial districts, boundaries 429 
 
 Jurisdiction. 
 
 entry and trial of suits 428 
 
 how exercised 428 
 
 Judicial districts 429 
 
 Judge, powers in chambers 429 
 
 powers of to declare that sitting in open court 429 
 
 sittings of court 429 
 
 vesting orders 429 
 
 lunatics (See Interpretation) 428 
 
 See Rules of Law 431 
 
 matter (See Interpretation) 427 
 
 merger (See Rules of Law) 431 
 
 minor (See Rules of Law) 431 
 
 mortgagor in possession, rights of 431 
 
 multinlicitv of proceedings, avordance of 431 
 
 oath, interpretation 428 
 
 official guardian (See Public Administrator) 434 
 
 order, interpretation , 428 
 
 originating summons (See Interpretation) ; 427 
 
 party and parties (See Interpretation) 427 
 
 part performance (See Rules of Law) 432 
 
 person (See Interpretation) ' 427 
 
 petitioner (See Interpretation) 427 
 
 plaintiff (See Interpretation) 427 
 
 pleading , 427 
 
 possession, mortgagor, power to sue for 43I 
 
 practise and procedure 436 
 
 English rules, application of 436 
 
 existing rules contiued 436 
 
 Judge's power to frame . . . 436 
 
 public administrator 434 
 
 administration, grant of, to 434 
 
 revocation of grant to 434 
 
 when required to apply for 435 
 
 costs . . 435 
 
 administrator ad litem, , 435 
 
 advertisements for claims by 435 
 
 appointment of 434 
 
 bond, proceedings on 435 
 
 costs and compensation to 435^ 569 
 
 duties of, as guardian (See Rules of Court) 569 
 
 as to acting intestacy under $200 435 
 
 applications for administration 435 
 
 taking possession of estate 434 
 
 emoluments, annual statement of 436 
 
 guardian ad litem {See Rules of Court) 568 
 
 official : . . . . 4.94 
 
 infants, service on in actions against (See Rules of Court) . ! 568 
 
 official guardian 434 
 
 proceedings against on bond - 435 
 
 qualifications i ,, ...... 434 
 
 remuneration (See Rules of Court) 435,569 
 
 security by ' ^g^ 
 
IKDEX il 
 
 JUDICATURE — Continued. paok 
 
 receiver (See Interpretation! 427 
 
 (See Rules of Law) , 432 
 
 rules of court (See Practise and Procedure) 436 
 
 (See Interpretation) 427 
 
 rules of law 429 
 
 assignments of choses in action 431 
 
 conflict of law and equity 433 
 
 conflicting claims 432 
 
 contracts 432 
 
 counterclaim 430 
 
 damages in lieu of injunction 432 
 
 equity to prevail 433 
 
 equitable relief 430 
 
 waste 431 
 
 evidence, laws of 431 
 
 express trusts 431 
 
 finality of judgment 431 
 
 injunction , 432 
 
 interpleader, conflicting claims ' . . • 432 
 
 lunatics, property and estate 431 
 
 merger . 431 
 
 minors' right to sue for wages 433 
 
 mortgagor's right to sue for possession ... . 431 
 
 mutiplicity of proceedings, avoidance 431 
 
 part performance in satisfaction 432 
 
 receivers 432 
 
 speciflc performance 432 
 
 third parties, relief against 432 
 
 trustees not relieved by statute of limitations for claims of 
 
 cestui que trust in respect of breach of trust 431 
 
 waste, equitable 431 
 
 sheriffs, interpretation 427 
 
 short title 427 
 
 specific performance (See Rules of Law) 432 
 
 third parties (See Rules of Law) 430 
 
 vesting orders ( See Jurisdiction) 429 
 
 waste (See Rules of Law) 431, 432 
 
 JUDICATURE, RULES OF COURT, 
 
 abatement (See Alias Writs) 554 
 
 (See Change of Parties) 455 
 
 accountants (See Experts) 544 
 
 accounts (See Issues, Inquiries and) 488 
 
 (See Administration) , . ■ • ■ 541 
 
 (See Receivers) '■ • ■ 526 
 
 action against public officers, limitation 553 
 
 (See Jurisdiction) - • 427, 428 
 
 address for service, plaintiff's, to be indorsed on writ 439 
 
 defendant's on appearance 457 
 
 administration (See Applications in Chambers) 541 
 
 (See Default of Appearance) - 461 
 
 ( Sec p3,rti6s) 44y 
 
 (See Probate and Letters of) ■ • • ■ • 564 
 
 (See Public Administrator) oos 
 
 e.dministratora (See Administration) ... .. 
 
 admissions, order XXII, amendment of ;., |fl 
 
 costs of proof and failure to make after notice 4i7, 488 
 
 documents of ^^'L 
 
 effect of ll' 
 
 evidence of r • *o° 
 
 facts of *°' 
 
 judgment on • *^' 
 
 notices of by pleading ^» ' 
 
 in answer to notice *»' 
 
 of documents ' Jo? 
 
 withdrawal of ■ ■ ■, ir. I07 
 
 admissions in pleading (See Pleadmg) 464, 487 
 
 of service 
 
lii 
 
 INDEX 
 
 JUDICATURE, RULES OF COURT — Continued. page 
 
 advertisement (See Applications in Chambers) 544 
 
 probate and letters of administration 566 
 
 advocate (See Parties) 456 
 
 {See Service of Other Proceedings) 445 
 
 writ of summons 439, 440 
 
 affidavits (See Affidavits and Depositions) 501 
 
 (isee Attachment of Debts) 519 
 
 (/See Attachment of Personal Property) 527 
 
 (See Default of Appearance) 459 
 
 (See Discovery of Documents) 487 
 
 (See Evidence) 494, 498 
 
 (See Interpleader) 532 
 
 (See Interpretation) 428 
 
 (See Issues, Inquiries and Accounts) 489 
 
 (See Motions and Applications) .' 537 
 
 (See Service out of Jurisdiction) 444 
 
 (See Service of Writ of Summons) 443 
 
 affidavits and depositions, order XXVII 501 
 
 advocates or agents of parties may not take 501 
 
 alterations In verified accounts 504 
 
 blind person or illiterate 503 
 
 certificate on exhibits 504 
 
 chambers, use of when used in court 504 
 
 cross examination on _ 502 
 
 defective, use of 503 
 
 deponent, description of 502 
 
 several 502 
 
 exhibits, reference to 504 
 
 ex parte motions, use on 504 
 
 filing 502, 503 
 
 form of 502 
 
 facts, to be confined to 501 
 
 illiterates • 503 
 
 jurat 501 
 
 motions, use on 501 
 
 oaths, commissioners and officers to administer 501 
 
 office copies 503 
 
 partner or clerk of advocate to party not to take 503 
 
 signature 502 
 
 scandalous matter may be struck out 502 
 
 statements of belief 501 
 
 times for filing 503 
 
 use in court and chambers 501, 504 
 
 alias writs, issue of 554 
 
 amendment, order XIX 477 
 
 application for leave 478 
 
 claim without leave 477 
 
 clerical errors 479 
 
 costs of 477, 479 
 
 counterclaim without leave 477 
 
 disallowance of improper 478 
 
 delivery of 479 
 
 failure to make after leave 478 
 
 general power as to 479 
 
 leave, with and without 478, 477 
 
 manner of makin? 478 
 
 marking of pleading 479 
 
 pieadmg vo 477,479 
 
 pow3 •& oi. court or judge 478 
 
 terms of • • 477 
 
 amendm . nt on appeal 547 
 
 of notice of appeal 546 
 
 appeal ( See Court en hanc) 545 
 
 appearance, order VTII 457 
 
 address for service on defendant entering 457 
 
 application to set aside writ before 458 
 
 defence limited in action for land 458 
 
 filing, consequence of 457 
 
INDEX I ill 
 
 WpiCATDRE, RULES OF CQ-URT—ConUnued. page 
 appearance, order YUl— Continued 
 
 defendant, entry of by " 457 
 
 ti«ie for '..'...'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. '.'.m, 457 
 
 person not named as 458 
 
 indorsement on ..............'. 457 
 
 land for, person not sued 458 
 
 landlord, entry of a 458 
 
 party obtaining leave to defend 458 
 
 recovery of lands in action for ■ . 458 
 
 time for (See Writ of Summons) 438 
 
 third party, by (See Parties) 453 
 
 applications in chambers, order XL 
 
 administration and trusts 5*1 
 
 advertisement for claims 544 
 
 applications by cestui que trusts 542 
 
 creditor 542 
 
 claimant by assignment 542 
 
 devisee 542 
 
 heir at law 542 
 
 next of kin 542 
 
 account, powers of judge 543 
 
 for administration of estate 542 
 
 for administration of trusts 542 
 
 for approval of sale 542 
 
 for ascertainment of creditor 542 
 
 for determining question 542 
 
 for payment into court 542 
 
 for enforcing trusts 542 
 
 for opinion of court 544 
 
 for staying actions 542 
 
 appointment of new trustees 543 
 
 claims, advertisement for 544 
 
 conduct of sale, when ordered 544 
 
 claimants, when excluded 544 
 
 devisee may apply, when 542 
 
 experts, assistance of 544 
 
 exoneration of trustee 545 
 
 evidence in support of application 543 
 
 fraud or concealment by trustee 545 
 
 interference with discretion of executor 542 
 
 judgment on summons 543 
 
 notice, advertisement of 542 
 
 originating summons, ground for 541 
 
 at instance of trustee 544 
 
 proof of claims 544 
 
 powers of court or judge 543 
 
 sale may be ordered 544 
 
 service of summons 542 
 
 special directions by judge 543 
 
 trustee, application for directions 544 
 
 appointmeni of new 543 
 
 exoneration of 545 
 
 generally 540 
 
 costs of proceedings 541 
 
 ex parte proceedings 540 
 
 jurisdiction of judge 541 
 
 nonattendance of party B41 
 
 reconsideration of 541 
 
 service of summons 540 
 
 summons! not disposed of 541 
 
 guardians ad litem, appointment 545 
 
 . riglnatin? summons 539 
 
 appearance to 540 
 
 directions, special 540 
 
 form of 540 
 
 judgment 640 
 
 proceedings by 539 
 
liv INDEX 
 
 JUDICATURE, RULES OF COURT — Continued. ' pagk 
 applications in chambers — Continued. 
 
 sealing by 540 
 
 special directions 540 
 
 time of appearance 5*0 
 
 assignment (iSee Parties, Change of) 210, 213 
 
 attachment of debts, order XXXII 519 
 
 afeidavit for 519 
 
 application to set aside 519 
 
 costs, liability of garnishee 520 
 
 defendant 522 
 
 costs of garnishee proceedings 522 
 
 delay by plaintiff 521 
 
 execution against garnishee 522 
 
 stayed till debt due by garnishee 522 
 
 exemptions from 522 
 
 pajrment out of 523 
 
 garnishee summons, when issuable 519 
 
 affidavit for 519 
 
 default by 521 
 
 dispute by 521 
 
 issue as to indebtness of 521 
 
 discharge by i)ayment or levy 522 
 
 judgment against garnishee 522 
 
 N. W. government, garnishment against 520 
 
 service on 520 
 
 payment out of moneys paid in by garnishee 520 
 
 service of summons, effect of 519 
 
 manner of 520 
 
 on defendant 520 
 
 setting aside 520 
 
 for nonprosecutioa 521 
 
 suggestion of claim by third party 521 
 
 third party, claim by 521 
 
 procedure on 5^ ? 
 
 attachment of personal property, order XXXV 527 
 
 affidavits for writ 527 
 
 cases where issuable 527 
 
 delay by plaintiff 529 
 
 exemptions where no family remaining 527 
 
 perishable goods, disposal of 528 
 
 plaintiff to give security in certain cases 529 
 
 return of goods on security furnished ; 529 
 
 service of writ 527 
 
 security to be given by plaintiff, when 529 
 
 release of goods wheii given by defendant 528 
 
 setting aside .- 528 
 
 sheriff return and inventory of 528 
 
 duty of 528 
 
 subsequent proceedings 528 
 
 attorney general (See Parties) 452 
 
 questions as to validity of ordinances, pleadings, etc 452 
 
 to be served on 452 
 
 entitled to be heard on argument '. 452 
 
 audita querela abolished 512 
 
 award ■ ' 537 
 
 motions to enforce or remit, requirements 537 
 
 bailiff (term included in sheriff) 428 
 
 bills of exchange 
 
 joinder of parties to, as defendants (See Parties) 446 
 
 loss of, defence of not permitted when indemnity offered (See 
 
 Pleading generally) 466 
 
 cause, conduct of (See Parties) 450 
 
 (See Interpretation) 427 
 
 of action, joinder of (See Pleadings) 457 
 
 Cestui que trust 43I 
 
 (See Parties) 449 
 
 1 application in chambers 542 
 
IWBEX- 
 
 Iv 
 
 JUDICATURE, RULES OF COURT — Continued. pagjs 
 
 chambers (See Application in) •■■ 541 
 
 clerk to attend 433 
 
 judge may declare to be open court 4i!9 
 
 change of advocate, writ of summons 440 
 
 change of parties (See Parties) 455 
 
 choses in action {See Jurisdiction) 
 
 rules of law 431 
 
 class, representation of (See Parties) 446,449 
 
 clear days, how reckoned a54 
 
 clerks and deputy clerks (See Judicature, clerk's duties) 433 
 
 common law, equity to prevail over 433 
 
 concurrent writ 438 
 
 conduct of proceedings (See Parties) 449 
 
 confession of defence 471 
 
 consignee (.wee Judicature, Interpretation, Receiver) 427 
 
 constitutional questions (See Parties) ' 452 
 
 contribution or indemnity (See Parties) 453, 454 
 
 coroner (See Judicature, Interpretation, Sheriff) 427 
 
 corporation (See Service of Writ of Summons) 441 
 
 costs, order XLII 549 
 
 administration, etc 549 
 
 advocate's fees 552 
 
 power to deprive of , 551 
 
 clerks' fees : '/ . . 551 
 
 in lunacy (See Lunatics, Order XLIV) 558 
 
 court en lane, matters in 552 
 
 discovery of, examination for, q.v 486 
 
 discretion as to 549 
 
 executors, compensation 549 
 
 event, when to follow 549 
 
 facts not admitted, proof of (See Admission) 487 
 
 fees, when payable in advance 552 
 
 guardian, compensation to 549 
 
 interpreters 552 
 
 issues 549 
 
 judges, powers to fix tariffs 552 
 
 jury, of trial by 549 
 
 party and party 550 
 
 registrars fees 552 
 
 security for 550 
 
 bond of obligee 550 
 
 summons for 550 
 
 time and manner of giving 550 
 
 service of writ, q.v 440 
 
 sheriffs' fees 552 
 
 small debt tariffs (See Small Debt Procedure) 574 
 
 solicitor and client 551 
 
 taxation of 550 
 
 notice of ■ 551 
 
 party and party 551 
 
 review of 552 
 
 solicitor and client 551 
 
 third party, procedure (See Parties) 454 
 
 trustees, compensation 549 
 
 unnecessary proceedings 551 
 
 w-itnesses 552 
 
 counterclaim (See Amendment) 477 
 
 (See Discontinuance) 477 
 
 (See Matters arising pending actioij) 470 
 
 (See Pleading) 463 
 
 (See Trial) 493 
 
 court en lane, order XLI 545 
 
 adjournment of sitting 545 
 
 quorum not present, when 545 
 
 appeal lies, when 546 
 
 general powers of court on 547 
 
 to he entered first opportunity 548 
 
JUDICATURE, RULES OF COURT — Goniinued. pace 
 court en banc — Continued. 
 
 cases in wliich appetil lies 546 
 
 consent judgments not appealable except by leave 548 
 
 costs of appeals, powers of court 547 
 
 judgments as to not appealable except by leave 545 
 
 security for when required 546 
 
 default in entry of appeals, etc 549 
 
 entry of appeals, etc., to be made promptly 548 
 
 evidence, further, on appeal 548 
 
 when question of fact involved 548 
 
 interlocutory orders not to prejudice appeal 548 
 
 judge, to whom application should be made, becoming unable 
 
 to act, procedure 548 
 
 judgment of, delivery by one judge 549 
 
 jurisdiction in appeal 546 
 
 new trial may be asked alternatively 54S 
 
 in case of substantial miscarriage 547 
 
 on any one question 547 
 
 notice of appeal, amendment of 546 
 
 contents 546 
 
 time for service 546 
 
 service on whom 546 
 
 security for costs when ordered 546 
 
 judgment pending appeal 548 
 
 stay of proceedings pending appeal 548 
 
 notice of appeal not a stay 548 
 
 creditors (See Applications in Chambers) 544 
 
 cross examination (See Trial) 494 
 
 afBdavit 502 
 
 default of appearance, order IX 458 
 
 administration, action for 461 
 
 affidavit of service, filing of _. . . . 459 
 
 defendants, several, some appearing 4B0 
 
 some served 461 
 
 detinue, in action of 459 
 
 foreclosure 461 
 
 hearing or trial at (See Trial) 493 
 
 infant, of, o" person of unsound mind 458 
 
 judgment in 458, 461 
 
 land for recovery of, or profits of 460 
 
 lien or charge 461 
 
 liquidator demand, action for 459 
 
 marriage, nullity of 461 
 
 mortgage, lien or charge, actions on 461 
 
 motion, service of (See Motions, etc.j 538 
 
 nullity of marriage 461 
 
 proceedings in actions not specially provided for 461 
 
 setting aside or varying judgment 461 
 
 third party (See Parties) 453 
 
 writ of summons to be filed unless order dispensing 459 
 
 default of pleading, order XVI 473 
 
 debts in action for 473 
 
 defen^-ants, more than one 473 
 
 defence to part of claim 474 
 
 detinue and damages 473 
 
 land, action for '..... 474 
 
 liquidator, demand and damages 473 
 
 mesne profits i74 
 
 other actions, pleading, q.v 474 
 
 renly or close of 472 
 
 setting aside judgment for 463 
 
 third party by '. 475 
 
 defence, amendment of (See Amendment) 478 
 
 confessions of (See Matters arising pending action) 471 
 
 rontents of (See Pleading generally) 465 
 
 counterclaim 464 
 
 default of (See Default of Pleading) ' 473 
 
INDEX Ivii 
 
 JUDICATURE, RULES OP COURT— Oontmweti. page 
 defence, amendment of — Gontinued. 
 
 delivery of i,ciee Appearance) 457 
 
 limiting in action for land (See Appearance) 4oS 
 
 matters arising pending action, q.v 471 
 
 part of claim (See Default of pleading) .' [ 474 
 
 payment into court before and with (See Payment into and out 
 
 of court) 466 
 
 pleading generally, q.v 4t;3 
 
 striking out (See StriKing out Appearance) 462 
 
 order before action (See Payment into and out of Court) 467 
 
 withdrawal of (See Discontinuance) 477 
 
 defendant, adding (See Parties) 447 
 
 address of (See Form and Commencement of Action) 437 
 
 appearance by (See Appearance) 457 
 
 claiming contribution (See Parties) 452 
 
 codefendants, questions between (See Parties) 454 
 
 counterclaim by (See Pleading generally) 4G;i 
 
 death of (See Parties, change of) 455 
 
 default of appearance of, q.v 458 
 
 discontinuance of, q.v. 47« 
 
 firm,, service on (See Service of Writ of Summons) 441 
 
 ea; juris, issue of writ (See Service out of jurisdiction).... 440 
 
 marriage of (See Parties, change of) 455 
 
 payment into court by, q.v 466 
 
 •representative capacity of (See Parties) 446 
 
 service of writ on (See Service of Writ of Summons) 440 
 
 ' substitutional service on (See Service of Writ of Summons) . . 442 
 
 third party added by (See Parties) " 452 
 
 who may be joined as (See Parties) 446 
 
 withdrawal of (See Discontinuance) 477 
 
 discontinuance, order XVIII 476 
 
 action subsequent to 477 
 
 counterclaim, withdrawal of 477 
 
 consent withdrawal by 476 
 
 costs 476 
 
 defence after 476 
 
 enti-y for trial, withdrawal after 477 
 
 judgment for costs 477 
 
 stage at which they may be 47G 
 
 without leave 476 
 
 by leave 477 
 
 by consent 477 
 
 stay of subsequent action pending payment of costs 477 
 
 subsequent actions '. 476 
 
 withdrawal of defence 477 
 
 discontinuance, counterclaim may be proceeded with 463 
 
 discovery, examination for (See Examination for) 482 
 
 discovery of documents, order XX '• 
 
 advocate not informing client oC order 4Si 
 
 affidavit of : '^H 
 
 application ex parte ... ... 479 
 
 attachment for failure to comply with order 4bl 
 
 by whom ^'^^ 
 
 determination of objection 48 1. 
 
 default in making 4bl 
 
 inspection , ^^JJ 
 
 notice of time and place 480 
 
 objections 479, 480 
 
 order for inspection 480 
 
 production of documents 48" 
 
 service of order -tSl 
 
 time and place for inspection 4S0 
 
 discoverv in aid of executions, order XXXT 518 
 
 apnlication of or order P;r ""'-fe F^S 
 
 books and documents, production of 518 
 
 clerk or servant of judgment debtor, examination of 518 
 
 conduct, money 519 
 
Iviii 
 
 li^iDJSX 
 
 JUDICATURE, RULES OP COURT — Continued. paqb 
 discovery in aid of executions — Continued. 
 
 corporation employee, examination of 518 
 
 costs 519 
 
 debtor, judgment, examination of 518 
 
 disobedience of order 5x9 
 
 examination for 518 
 
 nature of examination 518 
 
 production of documents 519 
 
 use of examination 518 
 
 districts, boundaries of judicial 429 
 
 documents, admission of (See Admissions) 487 
 
 discovery of (See Discovery of documents) 479 
 
 examination for discovery of (See Discovery of Documents) . . 483 
 
 Inspection of (See Discovery of documents) 480 
 
 production of (See Admissions) 4S7 
 
 pleading (See Pleading generally) 465 
 
 ena;in=ers (See Experts. Applications in Chambers) 544 
 
 England, laws of evidence 433 
 
 forms where applicable (See Miscellaneous) 553 
 
 practice in ^ uo 
 
 entry and trial of suits wh'ere (See Jurisdiction) 428 
 
 equity, rules of (See Rules of Law) 433 
 
 equitable relief (See Rules of Law) ._ 430 
 
 estate for life, witaout imipachment for waste (See Rules of Law) 431 
 
 evidence, etc., order XXVI 494 
 
 affidavit of particular fact 494 
 
 production of deponent for cross examination 4fl5 
 
 copies of documents 495 
 
 pleadings ". 495 
 
 records 4^5 
 
 writ 495 
 
 conduct money 496 
 
 cross examination before examiner 496 
 
 on affidavit 498 
 
 conduct of examination 496 
 
 documents, impounded 495 
 
 examiner (See Examination of Witnesses) 495 
 
 examination of witnesses 495 
 
 copy of proceedings for use in 49d 
 
 conduct of 496 
 
 cross examination 496 
 
 on affidavit 498 
 
 costs against, witness when 49 ? 
 
 directions as to 499 
 
 depositions, taking of 496 
 
 use in evidence 498 
 
 disobedience of witness 497 
 
 to order for 496 
 
 for use in court 498 
 
 giving in evidence 495 
 
 interrogatories by 4<»5 
 
 mode of taking 495 
 
 notice of Intention to use at trial ... im 
 
 order for 4<'5 
 
 objection of witness 497 
 
 subsequent use of 499 
 
 use in evidence 498 
 
 viva voce ■ 495 
 
 Imnounded documents 495 
 
 judgment on 494 
 
 notice of Intention to use at trial 499 
 
 ofFicp cnriies of documents, etc ''"5 
 
 order for examination 415 
 
 oaths, administration of 4^8 
 
 perpetuating testimony 5nn 
 
 practice on taking 498 
 
 reading when taken in other causes 495 
 
INDEX lix 
 
 JUDICATURE, RULES OP COVTAT—Contmued. page 
 
 evidence, etc. — Continued. 
 
 shorthand reporter, appointment 499 
 
 may be talten in 499 
 
 subpoena 500 
 
 subsequent use of 499 
 
 trial, after 498 
 
 witnesses, viva voce examination of generally 494 
 
 examination for discovery, order XXI 482 
 
 appeal from examiner 484 
 
 appointment for, issue of 482 
 
 nonattendance on 484 
 
 service of 482 
 
 bodies corporate, officers of 482 
 
 certified copies of documents 482 
 
 compelling attendance for tS2, 484 
 
 conduct money to be paid 482 
 
 of examination, mode of 483 
 
 copies of documents to be taken, when 483 
 
 corporations, officers of 482 
 
 costs of, inquiry as to 486 
 
 objections by witness 484 
 
 cross examination and re-examination 483 
 
 depositions, certified copy, effect of 485 
 
 filing of 484 
 
 form of 484 
 
 taken in shorthand, when 485 
 
 form and completion 485 
 
 to be read over and signed 484 
 
 witness refusing to sign 484 
 
 documents, inspection of by examiner 483 
 
 production of, on, witness refusing to part with, copies to 
 
 be taken 483 
 
 evidence, use of examination in 486 
 
 examiner, who to be 482 
 
 appeal from order of 484 
 
 may make special report 485 
 
 explanatory examination 483 
 
 officer of body corporate 482 
 
 jurisdiction, out of 482 
 
 notice to produce documents on 483 
 
 objections by witness, costs of 484 
 
 decision of 484 
 
 objections to quescions 485 
 
 to be recorded 485 
 
 officer before whom to be held 483 
 
 officers of bodies corporate, of 482 
 
 order of examiner, appeal from 486 
 
 order for, ex juris 482 
 
 parties liable to examination 482 
 
 party united in interest with person examined 4o3 
 
 penalty for nonat<endance on 484 
 
 place of examination 482 
 
 production of documents 484 
 
 re-examination and cross examination 483 
 
 refusal to attend for examination 484 
 
 return of depositions to clerk 485 
 
 shorthand, use of on 485 
 
 special report *86 
 
 subpoena for, issue of 482 
 
 diobedience to 484 
 
 time examination may take place 482 
 
 trial use of depositions in evidence at 48G 
 
 witness, conduct of, report of examiner on 486 
 
 punishment of 484 
 
 fees 482 
 
 nonattendance, penalty 484 
 
 objections by 484 
 
 exchange of property (See Sale of Land) 535 
 
Ix 
 
 INDEX 
 
 JUDICATURE, RULES OF COURT — Continued. page 
 
 execution creditor (See Interpretation) 428 
 
 execution (See Creditors Relief Ordinance) . 
 {See Execution Order XXX below.) 
 (See Discovery in Aid of Execution.) 
 (See Attachment, Receivers, Replevin) 
 
 execution, order XXX '. 508 
 
 audita querela abolished 512 
 
 bank notes, seizure of 513 
 
 bills, seizure of 513 
 
 bonds, seizure of 513 
 
 change of parties, leave to issue after 511 
 
 cheques, seizure of 513 
 
 conditional judgment, after 508 
 
 corporation, against 512 
 
 costs for ol6 
 
 costs, against lands, money made on goods 515, 511 
 
 of 5i6 
 
 taxation of 517 
 
 crops, growing, seizure of 514 
 
 date of 510 
 
 death of judgment debtor, upon 511 
 
 difficulty arising (See Discovery in aid of) 518 
 
 direction to sheriff 511 
 
 discovery in aid of, q.v 518 
 
 costs of 518 
 
 duration of 510 
 
 effect of, as against goods 512 
 
 enforcement of orders 511 
 
 equitable (See Receiver) 526 
 
 equity of redemption in goods, seizure of 513 
 
 expenses of 511 
 
 expiry of writ, sale after 516 
 
 firm, against 509 
 
 form, where none provided 511 
 
 garnishee against (See Attachment of Debts') 521 
 
 goods, effect of as against 512 
 
 equity of redemption in, seizure of 513 
 
 husband liable or entitled on judgment against wife .... 511 
 
 issue by leave in certain cases 511 
 
 judgment or order on condition, condition not complied with. . 508 
 
 delivery of land, for 509 
 
 mandamus, injunction, specific performance of 512 
 
 recovery of property other than land or money 509 
 
 special case, on decision after (See Special Case) 492 
 
 to do act other than payment of money 5iiJ 
 
 or abstain from act, of 509 
 
 judicial district, to any 510 
 
 land, for recovery of 509 
 
 and costs, separate writs 516 
 
 issue of against 514 
 
 proceedings on sale of, under 514 
 
 return nulla bona to goods necessary 518 
 
 sale, time for 518 
 
 advertisement of 518 
 
 adjournment of 518 
 
 notice of 518 
 
 transfer, form in certain cases 518 
 
 leasehold interests, seizure of 513 
 
 leave to issue in certain cases 511 
 
 upon change of parties 511 
 
 death of judement debtor 511 
 
 third party, against (See Parties) 458 
 
 levy, what to be included in 51 6 
 
 money, for payment of 508 
 
 seizure of 51 3 
 
 mortgages, seizure of 514 
 
 notice to mortgagor 514 
 
 nulla iona, return of 515 
 
INDEX Ixi 
 
 JUDICATURE, RULES OP COVRT—Oontinued. page 
 execution, order XXX — Continued. 
 
 order, to do act at expense of party refusing 412 
 
 partners against 509 
 
 payment of money for 568 
 
 by sheriff of money realised 514 
 
 person, not a party, by or against 511 
 
 perishable articles, sale of, under 513 
 
 poundage, etc., levied upon 516 
 
 praecipe for 5x0 
 
 promissory notes, seizure of 513 
 
 renewal of 510 
 
 return of 515 
 
 enforcing (tice Motions and Applications) 538 
 
 sale under 513 
 
 in interpleader proceedings (See Interpleader) 534 
 
 sheriff, by 513 
 
 notice of 513 
 
 securities, seizure of 513 
 
 separate for costs in certain cases 516 
 
 sheriff to whom may be directed 510 
 
 seizure and sale by 513 
 
 payment by of moneys realised 514 
 
 fees of to be deducted from levy 514 
 
 charges of, poundage, amount chargeable 516 
 
 where money made in another judicial district 517 
 
 on withdrawal or stay of execution 517 
 
 taxation of 517 
 
 revision of 517 
 
 six years after judgment, leave lor 511 
 
 stay of 509 
 
 on ground of facts arisen too laie to be pleaded 512 
 
 on judgment against third party 453 
 
 taxation of costs of sheriff on 517 
 
 time for issue of 508 
 
 within six years 512 
 
 writ of, date of 510 
 
 direction to sheriff 511 
 
 duration of 510 
 
 expiry, proceedings alter 511 
 
 form of 512 
 
 indorsements on 511 
 
 issue of, time for 508 
 
 leave for -^ ■■ • 512 
 
 to any sheriif 510 
 
 against lands 514 
 
 praecipe for 510 
 
 priority of °|^ 
 
 renewal of 510 
 
 return of y °]^ 
 
 separate for land and costs . /. 51b 
 
 executors (See Applications in Chamuers) 481 
 
 (See Costs.) ^jl 
 
 (See Parties) **; 
 
 exhibits (See Affidavits and Depositions) 5U4 
 
 experts (See Applications m unambers) »«* 
 
 express trusts (See Rules of Law) *^^ 
 
 fees (See Costs) ^*^ 
 
 firm (See Partners) .......... -^^ •■••■■• • * 
 
 foreclosures (See Applications m Cnamber^) »^» 
 
 (See Default of Appearance) «°^ 
 
 (See Sale of Land) ; •; ' ••' 'i'-' ;•' ' \' 11^ 
 
 foreign judgment (See Service cut of Jurisdiction) 443 
 
 forms, (See Miscellaneous) °°^ 
 
 funds (See Payment into and out ot Court) 466 
 
 garnishee (See Attachment of Debt) .•••;•;• lli 
 
 ^nnrdian official (See Public Administrator) 569 
 
 guardian pmcMi v arlministration 434 
 
JUDICATURE, RULES OP COURT — Continued. Face 
 guardian, official — Continued. 
 
 accounts passing (See Receivers) 526 
 
 ad litem {See Applications in Chambers; 545 
 
 of infants (.See Infants) 564 
 
 lunatics (See Lunatics) 556 
 
 security of (See Probate and Letters oi Administration) .... 564 
 
 heir at law (See Applications in Chambers) 541 
 
 (See Parties) "; , 449 
 
 husband and wife (See Service of Writ of Summons) 441 
 
 indemnity or contribution (See Parties) • 452 
 
 indorsement by advocate (See Writ of Summons) 439 
 
 of service unnecessary (See Service of Writ) 442 
 
 Infants, order XLV ' 569 
 
 access to 561 
 
 custody of 561 
 
 estate and property ox 562 
 
 guardians of 559 
 
 persons and estate of 559 
 
 payment into court in suit by q.v 469 
 
 pleading, q.v 464 
 
 public admnistrator, guardian 600 
 
 service on defendant 442 
 
 of notice of judgment 451 
 
 wages, right of action for (See Jurisdiction) 433 
 
 injunction (See Interlocutory Orders, etc.) 525 
 
 (See Service out of Jurisdiction) 443 
 
 (See Rules of Law) 432 
 
 Insolvency of parties (See Parties) 455 
 
 inspection of documents (See Discovery of Documents) ........ 480 
 
 inquiries (See Issues, Inquiries and Accounts) 488 
 
 as to damages (See Default of Appearance) 459 
 
 (See Default of Pleading) 474 
 
 Interlocutory orders as to mandamus, injunctions and interim 
 
 preservation of property, order XXXIII 523 
 
 allowance pendente lite 524 
 
 application for 523 
 
 detention of property 524 
 
 enforcement of mandamus 525 
 
 Injunction 525 
 
 Interim preservation of property 523 
 
 inspection by judge 524 
 
 mandamus 525 
 
 order for sale of goods 523 
 
 delivery of a specific chattel 524 
 
 preservation of property 523 
 
 sale of perishable goods 523 
 
 samples, authorising taking of 524 
 
 Interpleader, order XXXVII 531 
 
 adverse titles of claimants in 533 
 
 affidavit for 534 
 
 appeal in .- 531 
 
 cases in which granted 431 
 
 choses in action, conflicting claims to (See Rules of Law) .. 431 
 
 claimants not appearing or being in default 539 
 
 costs 535 
 
 defendant, application by, time for 532 
 
 - stay of action 533 
 
 discovery and inspection 534 
 
 execution creditor, notice to 532 
 
 issue may be ordered 533 
 
 judgment upon (See Applications in Chambers)^ 543 
 
 landlord, proceedings by ." 532 
 
 questions of law, determination of 533 
 
 sheriff's interpleader 532 
 
 claims to be in writing 532 
 
 notice of to execution creditor , . 532 
 
 not admitted, procedure 532 
 
INDEX Ixiii 
 
 JUDICATURE, RULES OF COHRT—Conttnuea. page 
 interpleader — Continued. 
 
 sheriff's claims, admitted, procedure 532 
 
 costs in case of withdrawal 532 
 
 execution creditor, notice to 532 
 
 by 532 
 
 sale of goods seized 534 
 
 several writs against same property 534 
 
 security by claimant, redelivery 534 
 
 special case where question one of law 533 
 
 stay of action where defendant interpleads 533 
 
 summons, nature of 533 
 
 order on . 5^3 
 
 summary disposal 533 
 
 interpretation of terms {See Various Words) 4^7 
 
 irregularity (See Miscellaneous) 553 
 
 jurat of affidavit (See Affidavits) 502 
 
 in service or writ (See Appearance) 458 
 
 issue of process 433 
 
 before discovery (See Discovery of Documents) 481 
 
 before execution (See Executions) 509 
 
 costs of to follow event (See Costs) 549 
 
 interpleader (See Interpleader) 533 
 
 joinder of (See Reply or Close 01 Pleading) 472 
 
 motion for judgment (See Motion for Judgment) 505 
 
 partnership liability (See Execution) 509 
 
 to determine liability of garnishee (See Attachment of Debt) 521 
 
 issues, inquiries and accounts, order XXIII 488 
 
 accounts, actions lor 488 
 
 contested items 4S9 
 
 directions as to taldng 488 
 
 how taken j, 488 
 
 just allowance 489 
 
 numbering of directions 489 
 
 production of vouchers 489 
 
 surcharge 489 
 
 verification 489 
 
 damages, ascertainment of 490 
 
 contrary cause of action 490 
 
 fraudulent transfer or . conveyance idO 
 
 Inquiry into 490 
 
 interim 491 
 
 issue 491 
 
 order fur sale' 491 
 
 receiver, interim 491 
 
 inquiries 488 
 
 as to outstanding estate 489 
 
 as to damages 490 
 
 directions as to taking 490 
 
 numbering of 488 
 
 expediting 489 
 
 issues of fact 48S 
 
 as to fraudulent transfers 490 
 
 issues 488 
 
 as to IrauduUnL transfer 491 
 
 order for sale 491 
 
 receiver 491 
 
 of fact 488 
 
 settling of 488 
 
 trial of 488 
 
 summary inquiry into fraudulent transfer 490 
 
 joinder of causes of action, order VII 457 
 
 disnosal of separately 457 
 
 uniting several 457 
 
 joinder of issue (See Default of Pleading) 473 
 
 (See Reply and Close of Pleading) 472 
 
 parties (See Parties) «4o 
 
 judge in chambers sitting as in court -^^ 4^9 
 
IxiV INDEX 
 
 JUDICATURE, RULES OP COURT — Continued. page 
 
 judgment (See Application in Chambers) 543 
 
 i./cfee Attachment of Goods) 528 
 
 (See Court en lane) 548 
 
 (See Default of Appearance) 459 
 
 (See Default of Pleading) 473 
 
 (See Execution) 509 
 
 (See Interpleader) 533 
 
 (See Judgment and entry of judgment) 506 
 
 (See Motion for judgment) 504 
 
 (See Parties) 450 
 
 (See Striking out appearance) 461 
 
 judgment and entry of judgment, order XXIX 506 
 
 certified copies of evidence 506 
 
 consent 507 
 
 date of entry 507 
 
 entry on production of affidavit 507 
 
 order 507 
 
 memorandum to be indorsed on order for doing of act 507 
 
 production of order or certificate '. 507 
 
 recording of 506 
 
 satisfaction of 508 
 
 judicial district, boundaries of 429 
 
 jurisdiction (See Ordinance, ante) 428 
 
 jury (See Setting down for Trial) 475 
 
 (See Title Juries, post) 589 
 
 lands, appearance in action for (^te Appearance) 458 
 
 default of pleading in action for (See Default of Pleading).. 474 
 
 execution against (See Execution) 514 
 
 mortgagor's rights of action (See Rules of Law) 431 
 
 nonappearance in action for (See Default of Appearance) .... 460 
 
 overholding tenant (See Application in Chambers) 539 
 
 sale of (See Sale of Land, partition, etc.) 535 
 
 service of writ for (See Service of Writ of Smmons) 441 
 
 (See Service out of Jurisdiction) 443 
 
 trespass, writs for (See Rules of Law) ..." 431 
 
 writ of possession (See Executions) 509 
 
 landlord and tenant (See Land) 539 
 
 law and equity, variations between (See Rules of La w), 432 
 
 legatee ( See Parties) 408 
 
 liens, action to enforce (otc Default of Appearance) 461 
 
 loss of negotiable instrument (See Pleading generally) 466 
 
 lost writ (See "Writ of Summons) 439 
 
 lunatic, guardianship of (See Lunatics) 556 
 
 nonappearance of (See Default of Appearance) 488 
 
 proceedings as to (See Jurisdiction) 431 
 
 plt.ading by (See Pleading generally) 464 
 
 seivlce on (See Service of Writ) '. . . 442 
 
 •unatics (proceedings in lunacy), order XLl'V 556 
 
 appointment of guardian 556 
 
 bond of guardian 558 
 
 commission to take evidence as to 555 
 
 examination of lunatics 556 
 
 guardian, discharge of 557 
 
 inquiry on petition 557 
 
 inventory 557 
 
 mortgage or sale, petition for 557 
 
 remuneration of 558 
 
 removal of 558 
 
 security of 557 
 
 verification of acounts of 557 
 
 hearing of petition in lunacy 556 
 
 inquiry by judge as to assets 557 
 
 inventory of estate 5o7 
 
 'nortgage or sale of property 557, 5o8 
 
 order for sale or motgage 558 
 
 petition in lunacy 556 
 
 " hearing of 556 
 
 service of 556 
 
 costs on 557 
 
INDE3 IxV 
 
 JTJDICATURE, RULES OF COVRT—Oontinue page 
 lunatics, order XLIV — Oontinuea. 
 
 removal of guardian 558 
 
 remuneration of guardian 558 
 
 supplementary inventory 557 
 
 verification of inventory 557 
 
 manager (See Intepretation, Receiver) 427 
 
 mandamus (See Interlocutory Orders as to Mandamus, etc.) 523 
 
 marriage, not to abate action (See Ji-arties) 455 
 
 matter (See Interpretation) 427 
 
 matters arising pending the action, order XIII 470 
 
 confession of defence 471 
 
 counterclaim arisen after action 476 
 
 defence to counterclaim 470 
 
 further answer, when 471 
 
 ground of defence after pleading 471 
 
 reply to counterclaim 470 
 
 set off, pleading to 470 
 
 merchants (See Exports) 544 
 
 merger (See Rules of Law^ 431 
 
 minor (See Infants) 559 
 
 miscellaneous, order LXIH. 
 
 actions against public ofBcers 553 
 
 alias and pluries writs 554 
 
 abridgement of time 555 
 
 cost of summons to set aside 554 
 
 days, reckoning of 564 
 
 ex parte proceedings, notice 550 
 
 enlargement of time 555 
 
 exceptions as to proceedings in vacation 555 
 
 forms 553 
 
 hours for service 554 
 
 holidays 655 
 
 irregulartles, costs 554 
 
 ground to be stated in summou =■ 554 
 
 noncompliance 554 
 
 notice 554 
 
 waiver •• 554 
 
 limitation of action against ofBcials 553 
 
 judge unable to attend, adjournment 554 
 
 notice of separate proceedings 553 
 
 noncompliance, effect of 553 
 
 period of vacation 555 
 
 proceedings, stay during vacation 555 
 
 reckoning time 555 
 
 sittings of court 554 
 
 stay during vacation oo» 
 
 time for service 554 
 
 computation of time °»» 
 
 venue of actions against public officers 553 
 
 waiver of irregularity °^^ 
 
 mortgage (See Sales of Land) °^° 
 
 (See Default of appearance) : V \ ^ot 
 
 mortgagor in possession, rights of (See Rules ot Law) 4dl 
 
 motions and applications, order XXXIX &d / 
 
 adjournment • • _ _ 
 
 affidavits, service and notice of motion o^' 
 
 appearance, before g^^ 
 
 chamber motion ^ gg^ 
 
 court motions gg^ 
 
 date of orders _„„ 
 
 dismissal or adjournment on , ^^^ 
 
 no service coo 
 
 deciding preliminary question "^° 
 
 defendant not appearing on «^° 
 
 enforcing return of writ 
 
 ex parte applications ...■■ 
 
 grounds, when to be stated °^^ 
 
 Injurious delay ggg 
 
 length of notice 
 
Ixvi I^'DEX 
 
 JUDICATURE, RULES OF COURT — Continued. page 
 motions and applications — Continued. 
 
 orders, when not to be drawn up 539 
 
 preliminary question, deciding 538 
 
 service of notice before appearance 538 
 
 motion for judgment, order XXVIII 504 
 
 applications to set aside 605 
 
 after trial of some of Issues 505 
 
 inference of fact 505 
 
 new trial may be included 505 
 
 powers of court 5Ut) 
 
 setting down 505 
 
 setting aside findings of jury 504 
 
 for judgment 505 
 
 time for motion 505 ' 
 
 multiplicity of proceedings to be avoided 431 
 
 negotiable instruments (See Pleading generally) 466 
 
 next of kin ( See Parties ) 449 
 
 (See Applications in Chambers) 541, 544 
 
 not guilty by statute (See Pleading Generally) 464 
 
 notice of action against public oflacers (See Miscellaneous) .... 553 
 
 notice of judgment (See Parties) 450 
 
 notice, pleading generally 465 
 
 notice of trial (See Setting down for Trial) 476 
 
 oath (See interpretation) 428 
 
 official guardian (See Public Administrator) 434 
 
 ordFr of court as against purcliasers 432 
 
 orders (See Applications in Chambers) 545 
 
 ( See Discovery ) 479 
 
 ( See Executions) 511 
 
 (See Judgment and entry of) 506 
 
 (See Motions and Applications; 539 
 
 ordinances, validity in question (See Parties) 452 
 
 ori.Tinating summons (See Applications in Chambers) 539 
 
 (See Sales of Land) 535 
 
 particulars (See Pleading Generally) 464 
 
 parties, order VI 445 
 
 absent, representation of : 449 
 
 action not defeated for want of 447 
 
 adding 447 
 
 administration and execution of trusts 449 
 
 to, to be served with notice of judgment ....-■ 450 
 
 administrators may represent estate or l)eneflciaries 44'5 
 
 amendment as to 445 
 
 apnearance by persons not (See Appearances) 458 
 
 bills of exchange, to actions on 446 
 
 capacity of, change of 455 
 
 cestuis que trust, one of, may have decree lor execution of 
 
 trusts 449 
 
 represented by trustees 446 
 
 change of, abatement none 445 
 
 adding successors ■ 455 
 
 continuance of actions 455 
 
 sole plaintiff, death of 456 
 
 class represented by some members 446 
 
 trustees 446 
 
 continuance of actions 452 
 
 costs by reason of misjoined plaintiff 445 
 
 counterclaim not affected by misjoinder of plaintiff 445 
 
 death of s *55 
 
 deceased, representation of 451 
 
 defendant, adding 447 
 
 alternative claims against 445 
 
 claiming contribution against third party 462 
 
 jointlv and severally liable 445 
 
 need not be interested in all relief clniniert 446 
 
 representative capacity of, statement of claim to show. . 446 
 
 who may be joined as 446 
 
INDEX Ixvii 
 
 JUDICATURE, RULES OF COVRT— Continued. • page 
 parties, order VI — Continued. 
 
 doubt as to 4-45 
 
 executors and administrators representing estate ol benenci- 
 
 aries 446 
 
 generally 445 
 
 heir at law not necessary party to action to execute trusts o£ 
 
 will , 449 
 
 infants (See Default of Appearance) 458 
 
 joinder of, as plaintiffs 445 
 
 severally or jointly and severally liable on same contract 446 
 
 two or more defendants when plaintiff in doubt 445 
 
 joint claims by 457 
 
 legal personal representative, where no 451 
 
 legatees, to administration actions by .> 449 
 
 lunatics, as (See Lunatics) 461 
 
 mariage of 455 
 
 misjoinder 445 
 
 effect of on counterclaim 445 
 
 motion to strike out or substitute 447 
 
 next of kin as may have judgment for administration 450 
 
 nonjoinder, effect of 447 
 
 numerous, having same interest 446 
 
 partners, disclosure of 447 
 
 notice of capacity 448 
 
 service on 448 
 
 persons liable on the same contract 446 
 
 not parties, how far bound 450 
 
 served with notice of judgment, to be 450 
 
 plaintiff, adding and substituting 447 
 
 death, marriage or insolvency of 455 
 
 doubt of, as to parties 446 
 
 joint claims by several 445 
 
 mistake as to 445 
 
 who may be joined as 445 
 
 protection of property, actions for 450 
 
 representation, numerous parties, in case of 446 
 
 representative, legal, where no 451 
 
 of heir, next of kin or class 449 
 
 plaintiff in actions to prevent waste, etc 450 
 
 residuary legatee may mave judgment for administration... 449 
 
 service on added 447 
 
 striking out and adding 447 
 
 application for 447 
 
 by court or judge 447 
 
 substitution of 447 
 
 suits by some on behalf of others 446 
 
 to prevent waste 450 
 
 third appearance, costs 454 
 
 appearance, of 452 
 
 notice to 453 
 
 trustees as 446 
 
 trusts, to actions for execution of 449 
 
 unascertained, representation of 449 
 
 want of, cause not defeated for 445 
 
 waste in action for 450 
 
 wrong plaintiff 445 
 
 partition (See Default of Appearance) 461 
 
 (See Sales of Land) 535 
 
 ■ partners (.See Parties) 446 
 
 (See Executors) 509 
 
 service of writ on 441 
 
 payment into and out of court and tender, order XII 466 
 
 acceptance in satisfaction 469 
 
 money paid in with denial ^67 
 
 admission, on payment in satisfactipn 4(56 
 
 banking, money paid in , 470 
 
 consolidated actions , 469 
 
 conversion of securities/ application for , 470 
 
Ixviii 
 
 INDEX 
 
 JUDICATURE, RULES OF COURT — Continued. page 
 payment into and out of court and tender — Continued. 
 
 costt< 469 
 
 counterclaim 469 
 
 debt or damages, action for 466 
 
 defence to state payment in 467 
 
 after, by leave 466 
 
 before 4o6 
 
 with 466 
 
 denial of liability with. 467 
 
 deposit in bank 470 
 
 disposition of money or securities 470 
 
 disability, persons under, moneys awarded to 469 
 
 infant (/See Disability) 469 
 
 investment of fund« in court 470 
 
 jury not to be informed of payment in 470 
 
 liability denied or admitted, payment out 467 
 
 libel, no payment if liability denied 467 
 
 lunatic (See Disability) 4i0 
 
 moneys, disposition of 4(0 
 
 notice of payment in before defence 467 
 
 notice of aceptance 468 
 
 nonacceptance 468 
 
 proceedings with suit on nonacceptance 468 
 
 payment out, how made 469 
 
 to plaintiffs in certain cases 467 
 
 pleading to anege 467 
 
 refusal of amount paid as 468 
 
 satisfaction, acceptance of in 467 
 
 consideration in answer to 469 
 
 payment in 466 
 
 slander, in action of 467 
 
 tender with defence of 467 
 
 performance of obligation, part, when satisfaction 432 
 
 perpetuating testimony (See Evidence) ■. 500 
 
 persons of unsound mind (See Lunatic) 
 
 petitioner (See Interpretation) 427 
 
 plaintiff, adding (See Parties) 447 
 
 address on writ (See Writ of Summons) -439 
 
 charge of (See Parties) 455 
 
 death of (See Parties) 455 
 
 equitable claims of (See Jurisdiction) 430 
 
 meaning of (See Interpretation) 427 
 
 questions between defendants not to he delayed (See Parties) 454 
 
 representative capacity to be shown (See Parties) 446 
 
 striking out or substituting (See Parties; 477 
 
 who may be joined as (See Parties) 4*0 
 
 wrong person named in (See Parties) 445 
 
 pleading (See Admissions) 487 
 
 (See Amendment) 477 
 
 (See Appearance) 4o/ 
 
 (See Default of Pleadings 479 
 
 (See Discontinuance) 476 
 
 (See Matters arising pendin;? Action) 47O 
 
 (See Payment into and out of Court) 466 
 
 (See Raising Points of Law) 471 
 
 (See Reply or Close of Pleadings) 472 
 
 pleading generally, order XI 463 
 
 allegations not denied, admitted 464 
 
 of fact to be specific 465 
 
 of fraud, etc 465 
 
 all grounds of defence or answer to be raised 464 
 
 alternative 466 
 
 counterclaim 453 
 
 conditions, precedent 465 
 
 contract, denial of 465 
 
 Implied 466 
 
INDEX Lxix 
 
 JUDICATURE, RULES OF COVRT— Continued. page 
 pleading generally — Continued. , 
 
 damages always an issue 
 
 denial of contract 465 
 
 denials to be specific 465 
 
 departure 464 
 
 ^ates '.'.'.'.'...'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.[[[.[['[ 463 
 
 embarrassing matter, striking out 466 
 
 effect of documents 465 
 
 figui^s to be used . . . ... . 463 
 
 further particulars 464 
 
 fraud, allegations of 
 
 knowledge 465 
 
 loss of negotiable instrument , 466 
 
 motive, allegation of 466 
 
 not guilty by statute 464 
 
 notice by statute 4u6 
 
 negotiable instrument, loss of 466 
 
 new ground not to be raised 464 
 
 printing of 466 
 
 proceedings as to counterclaim after claim is disposed of . . 463 
 
 paragraphs to be in 463 
 
 point of substance 465 
 
 presumption of law 466 
 
 reply to counterclaim 464 
 
 set off 463 
 
 striking out 463, 4uo 
 
 scandalous matter 466 
 
 unnecessary matter 466 
 
 written to be, or printed ". 466 
 
 pluries writs , 554 
 
 possession, originating summons under mortgage (See Sale of 
 
 Land) 536 
 
 practice and procedure, continuance of existing rules 436 
 
 of England, when applicable 436 
 
 rules of, judges may frame 436 
 
 preservation of property, interim 523 
 
 probate and leuers of administration, order XLVI 566 
 
 accounts of administrators to be filed 568 
 
 administrator ad litem 566 
 
 ancillary, grant of 565 
 
 security on application for 565 
 
 application to pass accounts 563 
 
 citations, summons and notices S66 
 
 creditors and others, order to send in claims 566 
 
 verification of claims 567 
 
 securities to be valued 567 
 
 negotiable instruments ^ S*?? 
 
 omission to value 5'i7 
 
 district within which anDlIcation to be maue 564 
 
 executors and administrators, remuneration of 568 
 
 judicial district in which to be granted 564 
 
 personal representative, appointment of other person instead 
 
 of , 565 
 
 public admini=itrator, appointment of in place of personal rep- 
 resentative ■''^S 
 
 remuneration of 5'i'i 
 
 service of process on S^SS 
 
 representation of estate pending grant Kfi6 
 
 security bv administrators Rfi^ 
 
 proceedings on 5h5 
 
 verification of claims 567 
 
 waste, proceedinPTS to re«?train, pending grant 566 
 
 process Issuer. (See Title, Clerks and Tienuty Clerks) 4S0 
 
 production of documents (Sfe Discovery) 480 
 
 promissory note (See Pleading) 466 
 
 property, preservation, interim (Sf-e Interlocutorv Orders) S'S 
 
 protection of, representative action for (See Parties) 450 
 
 pMblic admininstrator and offlcin.l guardian 4',! 
 
 administration, grant of to 434 
 
Ixx 
 
 INDEX 
 
 JUDICATURE, RULES vif COURT — Continued. jpage 
 public administrator, etc. — Continued,. 
 
 revoking 434 
 
 may be required to apply for 435 
 
 costs' in such, case 436 
 
 administrator ad litem 435 
 
 advertisement for claims 436 
 
 appointment of 435 
 
 bond, proceedings on ' 435 
 
 costs and compensation to » 434 
 
 duties of as guardian 569 
 
 as to taking possession of estates 435 
 
 applications for administration 435 
 
 guardian ad litem 567 
 
 Infants, action against, service on 568 
 
 duties of 568 
 
 originating summons by as creditor 568 
 
 proceedings against on bond 435 
 
 qualifications of 434 
 
 remuneration of 435, 569 
 
 security by 434 
 
 yearly statement of emoluments 436 
 
 public officers, actions against, limitation (See Miscellaneous) .. 553 
 
 raising points of law, order XIV 471 
 
 declaratory judgments 471 
 
 disposal of 471 
 
 vexatious actions 471 
 
 receiver, order XXXIV 471 
 
 accounts of, books to be deposited 526 
 
 passing 526 
 
 allowance to 526 
 
 balances, payment of 526 
 
 neglect of 526 
 
 default by in accounting, etc 526 
 
 filing and passing accounts 526 
 
 interlocutory application for 432 
 
 remuneration of 526 
 
 security by 526 
 
 recovery of land (See Land) '. 
 
 redemption 
 
 action for default of appearance in (See Default of Appear- 
 ance) 461 
 
 originating summons for (See Sales of Land) 535 
 
 reference (See Issues, Inquiries, Accounts) 490 
 
 as to damages 490 
 
 renewal, execution 510 
 
 writ of summons 438' 
 
 rent (See Land) ' 438 
 
 replevin, order XXXVI, affidavit for 530 
 
 bond to be taken 530 
 
 assignment of 530 
 
 defendant's rights on 530 
 
 form of 530 
 
 concealment pf property 536 
 
 issue of writ when authorised 529 
 
 retention of property on security being furnished 531 
 
 assignment of security in such case 531 
 
 return by sheriff to writ 531 
 
 service of writ 530 
 
 reply or close of pleadings, order XV 472 
 
 close of pleadings, on default in delivery of 472 
 
 counterclaim to (See Pleadings generally) 464 
 
 default of reply, effect 472 
 
 denials in, must be specific (See Pleading generally) 464 
 
 further, of matter arising pending action 472 
 
 joinder of issue by 472 
 
 matter arising pending action of 472 
 
 omission of, effect 472 
 
 rlpading, rules of (f^cc Pleading Generally) 472 
 
INDEX Ixxi 
 
 JUDICATURE. RULES OF COVRT— Continued. page 
 reply or close of pleadings— ContmaeS. 
 
 subsequent pleading 472 
 
 time for 4,2 
 
 enlargement of 448 
 
 representative capacity of parties (Spe Parties')".'.'.'.'!!!!!! 4,t) 
 
 residiiarv devisee or heir, administration at suit of (See Parties) 449 
 
 originating summons by (See Applications in Chambers) 541 
 
 legatee or next of kin, administration at suit {See Parties) 449 
 
 originating summonsbv (See Applications in Chambers) 541 
 
 rules of court, continuance of existing 436 
 
 judges may nrescribe 436 
 
 rules of law [ 
 
 a^isi-mment of choses in action ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ' " 431 
 
 contracts ' ' ! ! ! ! ! 432 
 
 conflict between law and eniiity 433 
 
 confliftin? claims 432 
 
 counterclaim !!....!..!!! 430 
 
 damages, claim to 4^2 
 
 equitable relief !!..!!..!! 430 
 
 evidence 433 
 
 exriress trusts 431 
 
 inlunction 432 
 
 lunatics !!!!!!! 431 
 
 merger 431 
 
 minors 433 
 
 mortgagor In possession 431 
 
 penalty for Judgment 431 
 
 receivers 432 
 
 waste ^jj 
 
 sales of land, partition, etc., order XXXVIII 535 
 
 action for ( See Parties) 450 
 
 annroval of judge to be had fiSR 
 
 conveyance, parties to 537 
 
 judgment for (See "npfaiilt nf Anpearance) 4rt0 
 
 mortgagee, production of books 566 
 
 order for 535 
 
 parties bound by 535 
 
 oriTinating summons for under mortgage 536 
 
 procedure where order by court 535 
 
 Fpeclal directions 536 
 
 scientific persons 537 
 
 (See Experts) 544 
 
 service ( See Writ of Summons) 439 
 
 appearance 457 
 
 of other proceedings 444 
 
 of writ 440 
 
 service of writ of summons, order III 440 
 
 affidavit of writ and claim to be marked as exhiblis to .... 442 
 
 agent, on. of defendant cut of terruories 441 
 
 corporations on 441 
 
 defendant's whereabouts unknown (See Ser-ice V/rit of Sum- 
 mons) 444 
 
 added on ( See Parties) 447 
 
 fees for. to whom allowed 441 
 
 firm, defendant carrying en business as 441 
 
 indorsemen of service unnecessary ,.., .,1 .<...,......,... . 44a 
 
 Infant defendant , ' 442 
 
 husban'l and wife defendants 442 
 
 land, in action to recover, where vacant possession 441 
 
 lunatic or person of unsound mind 442 
 
 manner of . . .^ 441 
 
 original served in mistake 442 
 
 partners, on ■: y/^'' '^" I- ' \ ^Al 
 
 notice of capacity m w^ncn =evved (See Parties) 448 
 
 dissolution, after ( See Parties) 448 
 
 nersonal ^'^^- 
 
 nlainti'T mav not effect 440 
 
 several defendants, seme not served, procedure (See Detauit 
 
 of Appearance) .- 459 
 
Ixxii 
 
 NDEZ 
 
 JUDICATURE, RULES OF GOVRT— Continued. page 
 
 service of writ of summons — Continued. 
 
 substitutional 444 
 
 who may effect 440 
 
 service of other proceedings, order V. 
 
 admission of , 445 
 
 notices, pleadings, etc , 444 
 
 substitutional 445 
 
 service out of jurisdiction, order IV 442 
 
 application for leave for 442 
 
 cases in which allowed 442 
 
 concurrent writ for, q.v 438 
 
 defendant's whereabouts unknown, oraer for, may be dispensed 
 
 with 444 
 
 order for, to limit time for appearance 444 
 
 partner not necessary on, where ilrm served within jurisdic- 
 tion 448 
 
 substitutional service may be allowed 444 
 
 set off (See Counterclaim) 
 
 setting aside 461 
 
 judgment by default (See Default of Appearance) 458 
 
 service of writ (See appearance) . . . . : 458 
 
 setting down for trial, order XVII 475 
 
 application for 475 
 
 sheriff, enforcing return by 538 
 
 meaning of 499 
 
 shorthand reporter, appointment of (See Evidence) 499 
 
 short title of ordinance 427 
 
 sittings of court 554 
 
 adjournment of (See Miscellaneous) 554 
 
 court en tanc (See Court en Banc) , o45 
 
 single judge, of 429 
 
 small debt procedure, order XLVII 570 
 
 action, entry of 570 
 
 address of parties 570 
 
 advocates fees 573 
 
 claims for debt under $100 570 
 
 particulars of 570 
 
 clerks' fees 574 
 
 dispute, plaintiff to be notified of 576 
 
 notice of 572 
 
 striking out 572 
 
 general procedure, application of 574 
 
 indorsement of process unnecessary 574 
 
 interpreter's fees 574 
 
 informalities not to avoid 574 
 
 Issue of summons 570 
 
 judgment by default 571 
 
 setting aside 572 
 
 particulars of claim 570 
 
 service of notices, etc 573 
 
 out of jurisdiction, order for, when not necessary 571 
 
 set off or counterclaim 572 
 
 sheriff's fees 574 
 
 summons, issue of 570 
 
 return of to clerk after service 571 
 
 suit erroneously brought in general procedure, costs 573 
 
 time for dispute 571 
 
 trial, setting down 'for 572 
 
 notice of • 572 
 
 representation of parties at '• 572 
 
 postponement, application for 573 
 
 witness fees ' 574 
 
 special case, order XXIV 491 
 
 agreement to pay money according to judgment on 492 
 
 cause or matter in any 491 
 
 consent by 491 
 
 contents of 492 
 
 costs of 492 
 
^^"^^^il^^- ^'^^^^ °^ COVRT-Gontinuea. 
 
 special case, order XK.lY~Gontinued. ' ™ 
 
 court may draw inferences on 400 
 
 documents referred to in jH 
 
 entry of judgment on, for agreed' sum '.".■.'.'■'. iqi 
 
 evidence on where parties under disability ..'.'.: 492 
 
 nferences of fact or law may .e drawn on . . .' .' i .' " " I92 
 
 m interpleader {See Interpleader) ... tit 
 
 judgment on, agreement for . . aqo 
 
 execution on 2q9 
 
 order of court, by 409 
 
 paragraphs, division into lit 
 
 parties to ' ' .■.■.■.■.■.'.■;.■ ■.■.■.';■.■ 491 
 
 setting down of, where parties under disability 492 
 
 trial of preliminary question of law by .. 492 
 
 specific performance _ 
 
 damages or other relief may be given in lieu ' of or in a'ddil 
 
 tlOn 10 AQO 
 
 statement of claim " ' ' 
 
 (See Amendment) . . . . . . . . . . . . . ! . . .... . 477 
 
 (See Joinder of Causes of Action) 487. 
 
 (See Writ of Summons) .'.'.'.'.'. 437 
 
 (See Pleading) 4Q3 
 
 (See Parties) .................'.'."...'...'.'.'.'.'' 446 
 
 stay of action or proceedings (See Writ of Summons) !!..... . 440 
 
 appeal pending (See Court en banc) ■. 548 
 
 parties 447 
 
 striking off roll ( See Applications in Chambers) ...... . . . . . . . . . , 542 
 
 (See Motions and Applications) 537 
 
 striking out appearance, order X 
 
 application for, when liquidated demand 461 
 
 affidavit in support of 462 
 
 to be served 462 
 
 cause, showing by affida^'it 462 
 
 bringing in amount claimed 462 
 
 cross examination on affidavit 462 
 
 subpoena for 462 
 
 documents, production on 462 
 
 summons by 462 
 
 service of 462 
 
 unliquidated demand included 462 
 
 leave to defend 463 
 
 order for where no cause shown 462 
 
 part of claim for - 463 
 
 subpoena (See Evidence) ^. . .498, 500 
 
 substitutional service (See Service of Writ of Summons) .7 444 
 
 (See Service of Other Proceedings) 465 
 
 summary inquiries into fraudulent transfers (See Issues, Inquiries 
 
 and Accounts) 490 
 
 supreme court of judicature in England, practice in, when to be 
 
 followed 436 
 
 taxation (See Costs) 550 
 
 tenant for life 431 
 
 equitable waste, not to commit 431 
 
 third party (See Parties) 452 
 
 time, abridgment of (See Miscellaneous) 548 
 
 appearance (See Writ of Summons) 437 
 
 clear days, how reckoned (See Miscellaneous) 545 
 
 contracts in (See Rules of Law) 432 
 
 enlargement of (See Miscellaneous) 548 
 
 expiring on holidays (See Miscellaneous) 555 
 
 service of papers, for (See Miscellaneous) 554 
 
 six days, where less than (See Miscellaneous) 555 
 
 trespass, injunction to prevent 432 
 
 mortgagor, may sue for in his own name 481 
 
 trial, order XXV 493 
 
 accidental omission to prove fact 498 
 
 adjournment of, terms 493 
 
 cross examination, disallowing questions in 494 
 
Ixxiv INDEX 
 
 JUDICATURE, RULES OF COURT — Continued. page 
 trial, order XXX— Continued. 
 
 defendant appearing, plaintiff not 493 
 
 default, judgment by, setting aside 493 
 
 judicial district, in which (See Jurisdiction) 493 
 
 judgment, default 493 
 
 delivery of 494 
 
 jury in certain cases (See Setting Down for Trial) ^. 476 
 
 neglect to set down pursuant to order 475 
 
 notice of : 476 
 
 omission to prove material fact at 493 
 
 plaintiff appearing, defendant not 493 
 
 postponement of trial, terms 493 
 
 separate, of different causes of action 457 
 
 setting down cause for, q.v 475 
 
 in vacation 555 
 
 speeches to jury regulated 494 
 
 third party, liability of {See Parties) 450 
 
 withdrawal of cause (.See Discontinuance) 477 
 
 trustees, representing capacity (See Parties) 446 
 
 application by for opinion and direction of court 544 
 
 claim against on express trust not barred by statute 431 
 
 judgment for execution of trusts at suit of 450 
 
 originating summons by, for determination of questions .... 541 
 
 stay of actions on application of 542 
 
 trust 
 
 express, action by cestui que trust not barred by statute of 
 
 limitations 431 
 
 heir not necessary party to action for execution of 451 
 
 judgment for execution of 450 
 
 originating summons in matters relating to 543 
 
 representation of parties in actions for execution of 451 
 
 vacant possession, service where, in action to recover land 442 
 
 vacation (See Miscellaneous) 555 
 
 vesting orders, jurisdiction of court to make 429 
 
 mortgage proceedings in 536 
 
 wages, minors may sue for 433 
 
 waste, actions to prevent 432 
 
 equitable, tenant for life not to commit 431 
 
 injunction to prevent 432 
 
 writs 
 
 alias or pluries {See Miscellaneous) 554 
 
 attachment of goods {See Attachment of Personal Property) 527 
 
 execution (See Execution) 508 
 
 garnishee (See Attachment of Debts) 519 
 
 replevin (See Replevin) 529 
 
 writ of summons, order II 437 
 
 action to commence by 437 
 
 alias or pluries 554 
 
 appearance to, time for 438 
 
 may be shortened 438 
 
 where service ex juris 444 
 
 change of advocate 442 
 
 clerk to issue on personal application 437 
 
 concurrent 438 
 
 form and issue 438 
 
 marked "concurrent" 438 
 
 renewal of 438 
 
 service out of jurisdiction for 438 
 
 in other judicial district for 438 
 
 return of, time for 438 
 
 may be shortened 438 
 
 concurrent, service of original, instead of 438 
 
 copy for service, claim to be attached 437 
 
 date of issue ta appear on writ 437 
 
 duration of 438 
 
 filing before judgment by default of appearance 459 
 
 indorsement 439 
 
 address of plaintiff and advocate 439 
 
 for service of plaintiff 439 
 
INDEX I XXV 
 
 JUDICATURE, RULES OF COURT— ConiiwMed. pace 
 writ of summons — Continued. 
 
 occupation of plaintiff suing in person 439 
 
 residence of plaintiff suing person 439 
 
 service, of date of, unnecessary 442 
 
 issue of 437 
 
 precipe to be filed ; '. 437 
 
 contents of 437 
 
 statement of claim to be filed on 437 
 
 lost, where, copy may be sealed in lieu of 439 
 
 original served in mistake, dispensing -with production 442 
 
 renewal of application for 438 
 
 duration and effect of renewed writ 439 
 
 evidence of 439 
 
 return of, time for 438 
 
 where for service ex juris 444 
 
 service out of jurisdiction, for 442 
 
 JURIES (CO. 1898, c 28), 
 
 challenges and ' constitution of panel 589 
 
 commencement 591 
 
 costs 691 
 
 criminal matters, special list to be prepared by clerk 589 
 
 constitution of panel 590 
 
 enforcement of penalty for nonattendance 590 
 
 juror, exempted persons 588 
 
 qualifications for 588 
 
 shall not be called upon more than once in two years 588 
 
 jury list to be furnished by sheriff to clerk of court 688 
 
 names of persons summoned to be written upon separate cards . . 590 
 
 omission to obey summons 590 
 
 penalty 690 
 
 enforcement of 590 
 
 ordinance, to operate after repeal of ss. 71 and 88 of The North- 
 West Territories j^ct 591 
 
 precept to Summon jury 590 
 
 return of precept by sheriff 590 
 
 schedule 
 
 form a, precept to sheriff 691 
 
 form b, summons for jurors 592 
 
 selection of jurors 591 
 
 special jury, constitution 591 
 
 costs of, to be paid by party applying for 591 
 
 on taxation allowance not to exceed costs of common jury 591 
 
 special list to be prepared by clerk 589 
 
 to contain 24 names 589 
 
 striking panel, appointment and notice 589 
 
 summoning jury • • • • • .......■..■.■•■ 590 
 
 sheriff's remuneration for additions to jury list 591 
 
 JUSTICES OF PEACE, 
 
 KEEPERS^ThOTELS and boarding houses (CO. 1898, c. 56), 
 detention of trunks and personal property of person indebted for 
 
 board and lodging 593 
 
 Kenerar revenue fund, unclaimed surplus in hands of Territorial 
 
 treasurer for one year to form part of 593 
 
 liability of hotel keeper for safe keeping of property detained .... 5a4 
 
 for property brought on to premises, limited 594 
 
 lien of hotel and boarding house keeper 593 
 
 additional to other legal remedies 593 
 
 none for liquors • • ■ • • • 594 
 
 none if hotel keeper refuses to receive goous for safe custody 594 
 
 none unless copy of Ordinance kept posted in hotel 694 
 
 liquors, no lien^ for _. ._- .^^ ^^ ^^^^^^^ ^^^ ^^^ 
 
 594 
 
 593 
 
 proceeds" of sale,' disposition of 593 
 
 notice of intended sale to be posted up 
 
 inance, copy of to be kept posted m hotels . 594 
 
 rights under, additional to other legal remedies 593 
 
bucvi 
 
 INDEX 
 
 KEEPERS OF HOTELS AND BOARDING HOUSES — Continued. page! 
 
 responsibility to receive goods 594 
 
 of person seizing for safe custoay of goods seized (See 
 
 Liability) 594 
 
 sale by auction, after expiration of three months from seizure . . 590 
 
 notice of, t o be posted up 593 
 
 proceeds of, application of 593 
 
 surplus, disposition of 593 
 
 short title 593 
 
 LAND, < 
 
 See Liens on Land. 
 See Landlord and Tenant. 
 See Real Property. 
 
 LANDLORD AND TENANT, 
 See Distress for Rent. 
 See Expropriation. 
 See Judicature (overholding tenant). 
 
 LEGAL PROFESSION (CO. 1898, c 51, 1899, c. 8, 1903, sess. 2, c. 14, 
 1904, c. 4), 
 
 advocate, admission of 596 
 
 in special cases 612 
 
 benchers of law society 598 
 
 British subject, must be 596, 612 
 
 costs of (See Bill of Costs) 607 
 
 felony, conviction a ground of disqualification 605 
 
 oath of 597 
 
 officer of supreme court 603 
 
 provinces of Canada, enrolment of 597 
 
 qualification of 597 
 
 reinstatement (See Suspension and Disqualification) 605 
 
 unauthorised practice 606 
 
 Scottish bar, enrolment of members of 597 
 
 suspension and disqualification , 604 
 
 barristers of England, enrolment 597 
 
 Ireland, enrolment 597 
 
 province of Canada 597 
 
 benchers, election of (See Election of Benchers) 598 
 
 ex offlcio 598 
 
 institution of proceedings by (See Discipline) 606 
 
 notice of election 600 
 
 number of elective 598 
 
 powers (See Discipline) 603 
 
 as to libraries 602 
 
 rules and bylaws 601 
 
 for elections 598 
 
 qualification of elective 598 
 
 term of office 598 
 
 vacancies 601 
 
 bill of costs, action on 607 
 
 when immediate 60S 
 
 costs of reference for taxation 608 
 
 delivery of bill 607 
 
 enforcing payment after taxation 610 
 
 ex parte taxation 607 
 
 immediate action on bill, when permitted 608 
 
 month to elapse before action 607 ■ 
 
 order for delivery of 608 
 
 order for reference for taxation 60S 
 
 proof of delivery of 608 
 
 retaxation under special circumstances 608 
 
 special circumstances, relating to 609 
 
 style of proceeding on reference 609 
 
 taxation after a month from delivery 607 
 
 judgment 607 
 
 payment 607 
 
 a year from delivery 609 
 
 within a month from delivery 607 
 
INDEX Ixxvii 
 
 LEGAL, ^nOFhSSlON— Continued. 
 
 borrowing powers g^o 
 
 British subjects, advocates'to' be".'.'.'. ".'. 59(5 
 
 bylaws of law society (See Rules and Bylaws) " ' 601 
 
 corporate name of law society kqc 
 
 costs (See Bill of Costs) '.' 607 
 
 counting of ballots ( See Election of Benchers) " " y.'.'.'.'.'.'.'.'.'.'." 599 
 
 debentures (See Money Bylaws, Libraries) 603 
 
 delivery of bill (See Bi.. of Costs) ' ' ' 607 
 
 discipline of advocates, powers of court 603 
 
 benchers ci'e 
 
 _ « . - bOo 
 
 ot student, powers of benchers 606 
 
 disposition of penalties 611 
 
 disputed election (See Election of Benchers) .. . 600 
 
 disqualification (See Suspension, Reinstatement) 605 
 
 documents, application for delivery of 608 
 
 election of benchers 598 
 
 count of votes 599 
 
 date of 59S 
 
 declaration of '................. 599 
 
 disputed 600 
 
 equality of votes 600 
 
 false voting 600 
 
 manner of voting 599 
 
 notice of election 600 
 
 publication 600 
 
 qualification of voters 598 
 
 regulations for 600 
 
 secretary, absence of 601 
 
 void votes 599 
 
 votes, counting of 599 
 
 equality of 600 
 
 voting, manner of : 599 
 
 voting papers, preservation of 600 
 
 enforcing payment of bill (See Bill of Costs) 610 
 
 equality of votes (See Election of Benchers) 600 
 
 examination of students, regulations for 601 
 
 ex parte taxation (See Bill of Costs) 607 
 
 expenditure of funds of law society 602 
 
 false voting (See Hilection of Benchers) 600 
 
 falsely holding out as advocate 611 
 
 fees, property of law society 602 
 
 regulations for admission 601 
 
 annual 602 
 
 enrolment 602 
 
 suspension on nonpayment 602 
 
 voter must have paid . ; 599 
 
 felony, conviction a ground of disqualification of advocate 605 
 
 form of voting paper . .'. 599 
 
 funds, custody of .• 602 
 
 disbursement of funds 602 
 
 (See Debentures,, Libraries, Money Bylaws) 602,603 
 
 government of law society (^ee Rules and Bylaws) 601 
 
 incorpcration of law society 595 
 
 law society 595 
 
 libraries, purchase of 602 
 
 manner of study and examination (See Rules and Bylaws) 601 
 
 membership of law society 596 
 
 misconduct (See Suspension and Disqualification) 604 
 
 money bylaws for libraries 602 
 
 notice of election 600 
 
 of proceedings against advocates 605 
 
 of suspension or disqualification, q.v 605 
 
 officers of , law society 601 
 
 onus of proof in prosecutions 611 
 
 order for dflivery of bill (See Bill of Costs) 608 
 
 for reference for taxation (See Bill of Costs) 608 
 
 penalties, application of 611 
 
Ixxviii INDEX 
 
 LEGAL PROFESSION— Continued. page 
 
 powers of benchers (See Benchers) 601 
 
 of court (See Discipline) SOS 
 
 (See Documents) 608 
 
 (See Taxation) 609 
 
 proof of delivery and contents of bill of costs, q.v 608 
 
 province, expression to include Yukon Territory 612 
 
 qualification of advocates, q.v 597 
 
 benchers, q.v 598 
 
 voters, q.v 598 
 
 regulations for elections (See Election of Benchers) 600 
 
 (See Rules and Bylaws) 600 
 
 reinstatement (See Suspension and Disqualification) 605 
 
 reporting legal decisions (See Rules and Bylaws) 602 
 
 retaxation (oee Bills of Costs) 608 
 
 roll of advocates, custody of 596 
 
 striking off (See Pees, Rules and Bylaws) 602 
 
 suspension and disqualification 603 
 
 rules and bylaws of benchers for admission in special cases 611 
 
 borrowing money 602 
 
 fees 602 
 
 government of society 601 
 
 libraries 602 
 
 money bylaws 602 
 
 regulating elections 600 
 
 reporting legal decisions 602 
 
 striking off roll for nonpayment of fees 602 
 
 students, examinations, qualification, enrolment 601 
 
 secretary, absence at election, q.v 601 
 
 duties at elections, q.v 599 
 
 short title of ordinance 595 
 
 striking off roll (See Suspension and Disqualification) 604 
 
 striking off student 606 
 
 student at law, examinations, etc. (See Rules and Bylaws) .... 601 
 
 suspension and disqualification of advocate 603, 606 
 
 taxation (See Bill of Costs) 607 
 
 unauthorised practitioners .- 606 
 
 vacancies (See Benchers) 601 
 
 visitors of law society 598 
 
 votes (See Election of Benchers) 599 
 
 Yukon Territory Included in "province" 612 
 
 LEGISLATURE, 
 
 See Controverted Elections. 
 
 See Elections. 
 
 See Legislative Assembly. 
 
 LEGISLATIVE ASSEMBLY (CO. 1898, c. 2; 1903, sess. 2, c. 2), 
 
 absence of speaker 613 
 
 allowance to members (See Indemnity. Travelling Expenses) 616 
 
 to speaker 614 
 
 attendance of witnesses 617 
 
 committees, examination of witnesses before 617 
 
 compelling attendance of witnesses 617 
 
 confirmation of sec. 7 of principal ordinance 618 
 
 contract, interests of member in 620 
 
 deputy speaker (See Speaker and Deputy Speaker) 613 
 
 disqualification of members by interest, exceptions 620 
 
 by ofiice other than executive'' council 619 
 
 examination of witnesses 617 
 
 executive council, membership not to disqualify 619 
 
 office charge of 620 
 
 forms, schedule 2 618 
 
 indemnity to members 616 
 
 how paid 616 
 
 (See Allowance of Speaker) 614 
 
 independence of legislature (See Amending Ordinance, 1903) 618 
 
 legislature (See now Saskatchewan Act, sec. 13) 
 
INDEX Ixxix 
 
 LEGISLATIVE ASSEMBLY— OorafiKweiJ. page 
 
 members, disqualification of, q.v 619 
 
 indemnity, q.v 616 
 
 _ qualification for election 619 
 
 requisites of, q.v. ; 614 
 
 oatli of member 619 
 
 oatb of witness 617 
 
 office member resigning not to be appointed to 616 
 
 penalties 620 
 
 powers and duties of speaker 613 
 
 qualification of members 619 
 
 of voters 618 
 
 (See Electiolis) 614 
 
 questions, how decided 613 
 
 quorum 613 
 
 repeal of statutes of Canada 618 
 
 ordinances 618 
 
 ■ resignation of members 619 
 
 not received pending election proceedings 615 
 
 not to effect election proceedings 615 
 
 schedule of districts {See now Saskatchewan Act, sec. 3 of forms. 613, 614 
 
 seat, vacating of 614 
 
 speaker, allowance to 614 
 
 absence of 613, 614 
 
 election of 6,19 
 
 vacancy in office 619 
 
 speaker's warrant or subpoena to witness 617 
 
 travelling expenses of members 616 
 
 vacating of seats 614 
 
 votes in house 614 
 
 witness, attendance 617 
 
 oath 617 
 
 LiENS, 
 
 See Keepers of Hotels and Boarding Houses. 
 
 See Lien Notes. 
 
 See Lien on Land for Taxes. 
 
 See Mechanics' Liens. 
 
 See Threshers' Liens. 
 
 LIENS ON LAND FOR TAXES, 
 
 See Irrigation. 
 
 See Local Improvement. 
 
 See Vilages. 
 
 LIMITATIONS OP ACTIONS (CO. 1898, c. 31), 
 
 actions on simple contracts to be commenced within six years 621 
 
 prescription gives no easement 621 
 
 the real property limitation act, 1874, in force in Territories.... 621 
 
 right to light, other easements or profits a prendre 621 
 
 LIQUOR LICENSE (CO. 1898, c. 89, 1900, c. 32, 1901, c. 33. 1903, 
 sess. 1, c. 26). 
 
 accommodation in hotels ^29 
 
 lipensee refusing, penalty °|o 
 
 action ; ' ' ;: eon 
 
 advertisement of applications for license bSO 
 
 agent, principal liable for certain acts of {See Penalties) 645 
 
 occupant liable for certain acts of 655 
 
 ale bottling works, licensing 638 
 
 appeal from convictions ; 1 ■.■ ' "j'v" ; ' ' '^ cao 
 
 appeal from grant of license obtained by fraud 642 
 
 transfer of license ^*^ 
 
 application for license .•••••;•, ; ' • " ^'*" 
 
 accommodation required m hotels, proof of faz9 
 
 adjournment of hearing 680 
 
 advertisement of • V V ' '.,■ t.n 
 
 apeal from board to judge in cases of fraud 642 
 
 applicant to attend personally 635 
 
Lxxx 
 
 INDEX 
 
 LIQUOR IjICENSE— Continued. page 
 application for license- —Continued. 
 
 bar, provisions as to not observed 646 
 
 bond to be furnished on 638 
 
 certificate of result to be forwarded to attorney general ...... 638 
 
 cities, additional licenses in 628 
 
 character of applicant, if objected to 637 
 
 notice to be given 637 
 
 company by 627 
 
 decision of board final 037 
 
 evidence on, how taken 635 
 
 fees on, municipal 638 
 
 prosecution fund 635 
 
 territorial 638 
 
 village 638 
 
 form of petition 630 
 
 hearing and determining 636 
 
 adjournment of 630, 635 
 
 summary of 634 
 
 license not to be granted disqualified person 628 
 
 license commissioner 628 
 
 inspector 628 
 
 for premises of which commissioner or inspector owner. . 629 
 
 issue of 626 
 
 married woman, by 629 
 
 notice of granting 631 
 
 objections and protests 633 
 
 by inspector 636 
 
 by board itself 637 
 
 papers to be sent inspector for production to board 631 
 
 open to public inspection 631 
 
 partnership licenses 626 
 
 persons entitled to be heard on 636 
 
 petition to ground 630 
 
 protests against 633 
 
 railway dining car or hall, for 627 
 
 recommendation when required 630 
 
 refusal of for unfitness of applicant 634 
 
 refusal of, for want of population 637 
 
 rehearing 607 
 
 removal, applications for 641 
 
 renewal, application for 632 
 
 recommendation when necessary 632 
 
 when not to be granted 634 
 
 report of inspector ; 635 
 
 may be dispensed with, when 637 
 
 restaurants, for .- 628 
 
 time of 630 
 
 application at any other than regular period 632 
 
 territorial treasurer to be sent to 633 
 
 transfer, applications for 639 
 
 witnesses may be summoned and examined on oath 635 
 
 application of ordinance, exemptions from 623 
 
 as to territory 670 
 
 attorney general may cancel licenses, when 639 
 
 may sue sureties for penalties 639 
 
 substituted for chief inspector 690 
 
 . report to be submitted to legislative assembly 6^3 
 
 auctioneer selling liquor, part insolvent's estate 623 
 
 banquet, extension of hours for sale 645 
 
 bar, billiards, etc., excluded from bar rooms 64f; 
 
 connection with other portions of premises 645 
 
 communication with places of entertainment prohibited .... 648 
 
 doors, windows, etc 645 
 
 elections, to be closed during 644 
 
 hours, during which may be opened 644 
 
 notice of ■ 643 
 
 one only to be kept 644 
 
 person found in during prohibited hours, penalty 645 
 
lA'DEX 
 
 Ixxxi 
 
 LIQUOR IjICENSB— Continued. face 
 bar, billiards, etc., excluded — Continued. 
 
 requirements not observed, license not to be granted 646 
 
 sitting rooms to be distinct from 629 
 
 view of not to be obstructed ■■ 646 
 
 barter of liquor by licensee for goods, penalty 646 
 
 billiards, pool, etc., to be excluded from bar (See Penalties)... . 646 
 
 bills and notes for quantities less than one gallon 649 
 
 board of license commissioners application to (See Application for_ 
 
 License, Protests) 630, 633 
 
 appointment of 624 
 
 cancellation of licenses by 639 
 
 causing license to issue illegally, penalty 653 
 
 chairman and secretary 624 
 
 expenses 624 
 
 meetings of 630 
 
 attorney general may call 630 
 
 for considering applications 630 
 
 may be adjourned 630 
 
 notice of 631 
 
 oath of commissioners 625 
 
 powers of justices at hearings 635 
 
 quorum, in absence of, meeting to be adjourned 630 
 
 recommendation of, required for licenses 630 
 
 regulations by, proof of 660 
 
 remuneration 624 
 
 secretary 624 
 
 term of office 624 
 
 boarder or traveller, pretending to be 653 
 
 bond by licensees, on application 638 
 
 form of 639 
 
 in dase of removal 641 
 
 member of assembly not to sign unless licensee 671 
 
 bottling works, license fee 688 
 
 brewers and distillers 692 
 
 bribery of inspector 653 
 
 cancellation of licenses by board 639 
 
 attorney general 639 
 
 judge of court 642 
 
 canteen of R.N.W.M.P., ordinance not applicable to 624 
 
 cards 647 
 
 playing, with betting (arrest on view) 647 
 
 certiorari, aC :Iavit required 690 
 
 character, notice of objection to 637 
 
 chief license inspector (See Attorney General) 690 
 
 chemists and druggists, provisions affecting 651 
 
 cities (See Municipalities) 
 
 additional hotel licenses in 628 
 
 commercial travellers' licenses 691 
 
 commissioners (See Board of License Commissioners) 624 
 
 connection between place of entertainment and bar 648 
 
 company, incorporated may become licensee 627 
 
 officer to act for 627 
 
 complaint (See Prosecutions) 657 
 
 against grant of license or transfer 636 
 
 compounding offences, penalty for 654 
 
 confiscation of liquor found on unlicensed premises 657 
 
 constable, authority of 657 
 
 bribing or attempting to bribe ' 648 
 
 duties as to removal of disorderly persons 648 
 
 harbouring 648 
 
 obstructing, penalty for boo 
 
 powers and duties in preventing or detecting violation of 
 
 ordinance 655 
 
 supplying liquor to 648 
 
 conviction appeal from (See Penalties, Prosecutions, Forfeiture) 690 
 
 effect 'on application for renewal 632 
 
 forms of ■•■■•• If. 
 
 penalty where none Axed bb4 
 
Lxxxii INDEX 
 
 LIQUOR LICENSE— OoMiiMwed. page 
 
 conviction, appeal from — Continued. 
 
 procedure where previous conviction charged 65S 
 
 proof of previous conviction 658 
 
 record of to be Indorsed on license 659 
 
 report of to attorney general 660 
 
 statement of convictions to be sent inspector 631 
 
 third, when forfeiture 660 
 
 wholesale licensee, of, effect 626 
 
 costs (See Penalties) 
 
 of adjourned protest 634 
 
 to justices 660 
 
 to inspectors on prosecutions 662 
 
 dancing not to be permitted in bar 646 
 
 death, accidental, while intoxicated, liability of person furnishing 
 
 liquor 649 
 
 licensee of, transfer of license 639 
 
 dice, arrest on view 647 
 
 prima facie evidence of offence 647 
 
 dining car, sale of liquor on 627 
 
 dining hall, railway, license for beer 627 
 
 disorderly conduct on licensed premises, penalty 647 
 
 licensee may expel disorderly person , 64S 
 
 disposition of fees 638 
 
 disqualified persons, applicant refused for unfitness barred for two 
 
 years 637 
 
 license commissioner 628 
 
 inspector 628 
 
 not to issue to 628 
 
 person convicted for third offence _. 660 
 
 where tenant disqualified board may authorise owner's agent 
 
 to continue business 640 
 
 wholesale licensee allowing consumption on premises 626 
 
 distillers (See Brewers and) 692 
 
 druggists, provisions affecting 651 
 
 requisition for liquor during prohibited hours 644 
 
 drunkeness on licensed premises, allowing, penalty 647 
 
 drunken person, interdiction 663 
 
 licensee may expel 648 
 
 sale to, penalty 647 
 
 dwelling house defined 622 
 
 ejectment of licensee, license to new tenant in case of 640 
 
 of disorderly persons from licensed premises 648 
 
 elections, sale or disposal of liquor during, prohibited 644 
 
 employee; licensee liable for certain acts of 655 
 
 occupant liable for certain acts of 655 
 
 males under 18 and females not to serve liquor in hotels.... 649 
 
 evidence . . . .' 645 
 
 act of servant that of licensee, when 645 
 
 certificate of attorney general as to license 660 
 
 interdicted person of 664 
 
 precise description of liquor, of, unnecessary 661 
 
 presence of liquor, utensils, etc 661 
 
 production of license, prima facie proof, etc 662 
 
 regulation of board, of 660 
 
 sale, disposal or consumption, of 661 
 
 signs or marks inducing belief that premises licensed, etc. . . 661 
 
 exceptions in information need not be negatived 657 
 
 to application of ordinance 623 
 
 execution, sale of liquor under 623 
 
 exposure of license 643 
 
 fees, to inspectors on prosecutions 662 
 
 justices 660 
 
 females not to be permitted to serve liquor 649 
 
 female licensee, marriage of 641 
 
 fines (See Penalties) 643 
 
 forfeiture of license on conviction of wholesale licensee 626 
 
 by tenant, owner's rights 640 
 
 fraud In obtaining 642 
 
INDEX Ixxxiii 
 
 LIQtJOR 1.1CENSE— Continued. p^oj, 
 forfeiture of license, etc. — Oontinued. 
 
 sale to minors, second offence 649 
 
 permitting males under 18 and females to serve liquor 649 
 
 selling to intoxicated person who suicides or meets accidental 
 
 death g49 
 
 repeated offences operating as .'....'.'.".'.".','.".'.'!.' 654 
 
 third conviction causes 654 
 
 for breach of section 94 of Indian Act 655 
 
 of liquor found on unlicensed premises 657 
 
 forms prescribed g5g 
 
 amended ^. .........[....'.'.......... . 691 
 
 none prescribed 658 
 
 fraud in obtaining license or transfer '. 640 
 
 gambling on licensed premises, prohibited 647 
 
 games not allowed In bar room 646 
 
 liquor not to be supplied in room with 646 
 
 gaming, with betting, etc., on licensed premises 647 
 
 arrest on view 647 
 
 harbouring constable penalty : 648 
 
 hearing and determining application (See Application and Pro- 
 tests) ...' ; 636 
 
 hotels, accommodation for guests . . . : 629 
 
 additional licenses in cities 628 
 
 hours for sale or consumption limited 644 
 
 license, number of limited 634 
 
 defined 623 
 
 fee ' 637 
 
 meals ' 643 
 
 notice of hours for sale ' 643 
 
 report of inspector upon premises may be dispensed with . . 637 
 
 hours for sale or consumption of liquor limited 644 
 
 extension permitted in certain cases 645 
 
 notice of hours for sale 643 
 
 jiouseholder, recommendation of ten 628 
 
 not required on renewal generally 632 
 
 to be signed within 60 days, when 634 
 
 term defined 622 
 
 husband of female licensee, rights and liabilities of 641 
 
 incorporated company 627 
 
 incorporated societies and clubs, not incorporated by special act.. 650 
 
 Indian act, forfeiture of license for certain breaches of 655 
 
 information and complaint, amendment 693 
 
 forms 658 
 
 insolvent debtors estate, sale of liquor part of 623 
 
 inspector, appointment of 625 
 
 bribe, not to receive 653 
 
 causing license to issue illegally, penalty 653 
 
 city may appoint 625 
 
 costs to on prosecutions : 662 
 
 defined 623 
 
 duties defined by lieutenant governor in council 625 ' 
 
 infractions of ordinance to be reported and prosecuted 625 
 
 inspection and report on proposed licensed premises 625 
 
 at other times of licensed premises 625 
 
 interdiction by 664 
 
 justice of the peace, inspector not' to act as 659 
 
 license not to issue to nor for premises owned by 628 
 
 municipality may appoint 628 
 
 objections by, to applications must be contained In report 637 
 
 obstructing in execution of duty, penalty 656 
 
 offences, powers and duties in preventing and detecting 655 
 
 papers on applications to be produced by, to commissioners.. 631 
 
 to be returned by to attorney general 631 
 
 power to search , 655 
 
 prosecution of offenders, duties as to 625 
 
 protests to be produced by to commissioners 633 
 
 rehearings, notice of to be given by 637 
 
 report of on proposed licensed premises 635 
 
 contents ^^^ 
 
 may be dispensed with 636 
 
Ixxxiv INDEX 
 
 LIQUOR LICENSE— CoMimMed. page 
 inspector, appointment of — Continued. 
 
 restaurants licensed, duties regarding 628 
 
 salary, how fixed 628 
 
 interdiction, forms of charge, etc 663 
 
 Inspector may be required to forbid sale to Inebriates .... 664 
 
 iAterdicted person a , competent witness 664 
 
 justice of the peace proceedings before 663 
 
 notice to be given to licensees , 663 
 
 penalty against interdicted person for obtaining liquor 665 
 
 interpretation (See Different Words) 622 
 
 intoxication (See Drunkenness, Drunken Person, Interdiction).. 
 
 jud^e, complaint to, against grants of license, transfer, etc 642 
 
 justices of the peace (See Prosecutions) 
 
 commissioners to have powers of, when 635 
 
 commissioners not to act as 659 
 
 defined 622 
 
 fees to in certain cases 660 
 
 inspp^'tor net to act as 659 
 
 report to be made by, of convictions 660 
 
 forfeitures 660 
 
 legislative assembly, members not to be bondsmen or petitioners, 
 
 exception 671 
 
 license commissioners (See Board of License Commissioners) .. 624 
 
 districts 624 
 
 licensed premises (See Premises) 
 
 licensee, agents or employees, liability for acts of 645 
 
 death of 639 
 
 defined • 622 
 
 desertion of premises J 640 
 
 marriage of female 641 
 
 removal by 641 
 
 vacation of licensed premises (See Penalties, Transfer of 
 
 Licenses) 640 
 
 license Insneotor (See Inspector) 
 
 license moneys and fees 637 
 
 amount of license fee 638 
 
 application fee 630 
 
 recelnt for to be forwarded applicant 632 
 
 general revenue fund to be paid to 632 
 
 municinal fee 638 
 
 part of year for 638 
 
 pavment of to territorial treasurer 632 
 
 prosecution fund 631 
 
 railway dining hall, license fee 627 
 
 railwav dining car, license fee 627 
 
 refund of unused portion ot expense deposit 632 
 
 removal or transfer, fee on 642 
 
 village fees 638 
 
 licenses, amilioation for (See Application for) 630 
 
 cancellation of 639 
 
 forfeiture 626 
 
 hotel license 634 
 
 license moneys and fees 637 
 
 renewal 632 
 
 various subjects 
 
 wholesale ^ 626 
 
 limitation of time for prosecutions 657 
 
 "liquor," "liquors" defined 622 
 
 locality of premises may be objected to 633 
 
 local option (See Optional clauses) 665 
 
 lodger, pretending to be 653 
 
 lodging, licensee refusing, penalty 646 
 
 married woman, license to 629 
 
 marriage of female licensee 641 
 
 meals, hotel to be equipped for serving 629 
 
 licensee refusing, penalty 646 
 
 liquor at on Sundays 644 
 
 medical practiuoner (See Penalties) f 
 
INDEX IXXXV 
 
 LIQUOR -LICENSK— Continued. page 
 
 medicinal purposes, sal3s for permitted at any hour 644 
 
 by druggists regulated 651 
 
 certificate of medical practitioner .'.'.'. '. 651 
 
 druggist or J.P ^44 
 
 penalty for false 651 
 
 meeting of board of commissioners (See Board of License" Com- 
 missioners; 
 
 members of legislature not to be bondsmen'/ etc.ruiilesV applicants 671 
 
 mess of militia exempted from ordinance 624 
 
 minors, supplying liquor to prohibited 649 
 
 municipalities may be represented on application 636 
 
 cities, additional licenses in 628 
 
 cities or towns, certificate of payment of fee to be produced.. 631 
 
 copy of bylaw to be sent attorney general 638 
 
 duration of bylaw 638 
 
 fines recovered through action of 626 
 
 license issued for part of year, fee 638 
 
 may appoint inspector 626 
 
 may pass license bylaw 638 
 
 railway dining hall license 627 
 
 rebate of license fee on cancellation of ucense 639 
 
 musical instruments to be excluded from bar 646 
 
 native wine, license not necessary for certain sales of 623 
 
 North-West Mounted Police, ordinance not to apply to canteens 623 
 
 North-West Territories act, partially repealed 670 
 
 notes, promissory, void when for quanitles less than one gallon.. 649 
 
 notice of hour for closing hotel 643 
 
 of meetings to consider applications 630 
 
 that premises licensed, to be exhibited 643 
 
 notice to applicant of objections to character 637 
 
 number of licenses limited ... 634 
 
 oath of office of commissioners 625 
 
 objections (/See Applications, protests) 
 
 occupant, liability for acts of servants 655 
 
 offences (See Penalties) 
 
 optional clauses, appointment of returning officer 666 
 
 ballots, etc., to be deposited with board 669 
 
 ballot vote 668 
 
 date and places of poll 666 
 
 date and decision in force 669 
 
 declaration of result 668 
 
 defects of form 669 
 
 deposit for expense of poll 665 
 
 deputy returning officers and clerks 667 
 
 duties of deputy returning officer 6R7 
 
 expenses of vote 670 
 
 local option 665 
 
 notices to be given 666 
 
 oaths of voters 667 
 
 objections to proceedings 669 
 
 one fifth of electors to requisition 665 
 
 penalties 667 
 
 proceedings at close of poll 668 
 
 polls 667 
 
 powers of returning officers 667 
 
 proof of signatures 666 
 
 returning officer 666 
 
 requisition for 665 
 
 vote may be taken as to license 665 
 
 vote stands for three years 666 
 
 voters' list, preparation 666 
 
 - pawn, licensee not to receive for liquor 646 
 
 partnerships may be licensed 626 
 
 offences of one member 627 
 
 provision in case of dissolution 626 
 
 separate license for each place of business 626 
 
 payment for liquor must be in cash 646 
 
 in advance for liquor, penalty 646 
 
Ixxxvi 
 
 INDEX 
 
 LIQUOR LICENSE— CowiinMeiZ. page 
 
 penalties and prohibitions, regulations 643 
 
 bonds, securing payment of 638 
 
 fines recovered through municipalities 626 
 
 for neglect to expose license 643 
 
 allowing consumption on unlicensed premises 650 
 
 bartering or receiving goods in pawn for liquor 646 
 
 being on licensed premises in prohibited hours 645 
 
 breach of Indian act, s. 94, forfeiture 655 
 
 bribing inspector 653 
 
 cases not provided for 654 
 
 for causing license to issue illegaly 653 
 
 compounding offences 654 
 
 contravention by servant contrary to instructions 655 
 
 disorderly persons refusing to leave on request 648 
 
 giving liquor to person who during intoxication suicides or 
 
 suffers accident 649 
 
 harbouring, bribing or supplying liquor to constables 648 
 
 having in possession liquor found on search under warrant . . 656 
 
 having_ in possession for sale liquor without license 650 
 
 interdicted person obtaining liquor 665 
 
 liability of licensee or occupant for employees' act 655 
 
 medical practitioner giving false certificate 652 
 
 obstructing inspector or constable on duty 656 
 
 omitting to post synopsis of ordiance 655 
 
 permitting assemblage of bad characters 647 
 
 gambling or disorderly conduct 647 
 
 gaming, cards, dice, etc 647 
 
 arrest on view 647 
 
 internal communication with unlicensed premises 648 
 
 male under 18 or female to serve liquor (exception) .... 649 
 pretending to be lodger or traveller to obtain liquor after 
 
 hours 653 
 
 provisions regarding chemists and druggists 657 
 
 purchaser drinking or allowing drinking in wholesale prem.ises 650 
 
 receiving payment for liquor otherwise than in cash '. 646 
 
 refusing lodging, etc 646 
 
 repeated offences, forfeiture 654 
 
 offence on different day , 659 
 
 selling or bartering without license 652 
 
 during prohibited hours 651 
 
 supplying liquor to interdicted person 663 
 
 wholesaler allowing consumption on premises ' 650 
 
 retailing elsewhere 650 
 
 evidence 650 
 
 selling to illicit retailer 650 
 
 "person" defined 622 
 
 petition for license (See Application) 630 
 
 against license 633 
 
 places of entertainment, connection with prohibited 648 
 
 pledge for liquor void 647 
 
 recovery of 647 
 
 policemen, powers and duties of in preventing and detecting viola- 
 tions 655 
 
 obstructing, penalty for 656 
 
 authority of 657 
 
 pool tables to be excluded from bar 646 
 
 population, number of licenses limited by 634 
 
 powers of inspector and officers (See Inspector) 655 
 
 premises, accommodation in hotels 629 
 
 bar, connection with 645 
 
 conditions, regarding 646 
 
 explusion of disorderly persons 648 
 
 improper, license may be cancelled 639 
 
 Inspection before license 635 
 
 at other times 625 
 
 internal communication with unlicensed premises prohibited.. 648 
 
 license only valid for premises mentioned In it 628 
 
 property of commissioner or inspector not to be licensed 629 
 
INDEX Ixxxvii 
 
 LIQUOR LICENSE — Continued. page 
 premises, accommodation in hotels — Continued. 
 
 regulations as to, not observed, license to be refused 646 
 
 restaurants in cities 628 
 
 where license forfeited 640 
 
 previous conviction, charge of 658 
 
 proof of 658 
 
 privy, hotels to be provided with 629 
 
 prohibitions and penalties, regulations {See Penalties) 
 
 prosecution fund, amount to be paid 631 
 
 prosecutions, certificate of inspector (See Evidence) 660 
 
 commissioner not to act as magistrate 659 
 
 execeptions, negativing 657 
 
 fees for 660 
 
 forms prescribed (See Forms) 658 
 
 inspector required to institute 625 
 
 not to act as magistrate • 659 
 
 limitation of time for 657 
 
 magistrate to report convictions and forfeitures 660 
 
 offences, conviction may be for several 657 
 
 description of 657 
 
 repeated, conviction for different day 659 
 
 several in one complaint 657 
 
 procedure where previous conviction charge 658 
 
 record of conviction 659 
 
 time for 657 
 
 protests 633 
 
 board to hear and decide 633 
 
 costs of adjournment 634 
 
 decision to be in writing 634 
 
 evidence, how taken 636 
 
 fee to accompany 633 
 
 return of, if protests allowed 633 
 
 filing, time of 634 
 
 form of 633 
 
 grounds of 633 
 
 hearing of 636 
 
 may be adjourned 635 
 
 to be public 635 
 
 in summary manner 634 
 
 municipality may be represented on hearing 636 
 
 objections to character, notice to be given to applicant, who 
 
 may be heard _537 
 
 papers open to public, inspection 631 
 
 petition by 633 
 
 petition, grounds ^g^ 
 
 signature of, time of, to .be certified bii 
 
 distance of signers' residence to be stated 634 
 
 qualified persons may he heard on 636 
 
 rehearing ^^L 
 
 summary hearing ■ ^db 
 
 transfer or removals against oi^ 
 
 witnesses may be summoned and examined on oath 635 
 
 written decision on 634 
 
 public bar defined ■ • • 6^^ 
 
 quantity, allegation of, where essential 658 
 
 railway dining halls, beer licenses to 627 
 
 cars, special license to ^^ ' 
 
 application in these cases • o^« 
 
 records and report of attorney general 642 
 
 recommendation of householders ■••:■••■•. • • • ^f 
 
 to acompany applications except , m cities and towns 630 
 
 not required on renewal of license unless applicant convicted 632 
 
 to be signed within 60 days 634 
 
 certificate to accompany b^4 
 
 to state distance of signers' residences 634 
 
 record'^ convictions to be indorsed on license 659 
 
Ixxxvii" INDEX 
 
 LIQUOR LICENSE— OoKfiwttefJ. page 
 refreshment house, unlicensed, internal communication with 
 
 licensed premises prohibited 648 
 
 refund of license fee on application for cancellation 639 
 
 register of licenses, attorney general to keep 642 
 
 convictions to. be recorded 642 
 
 regulations, prohibitions and penalties 643 
 
 rehearing of applications 637 
 
 removal of licensees 641 
 
 application for permission 641 
 
 attorney general may allow if no protest 641 
 
 board may allow '. 6*1 
 
 fees on application 641 
 
 permission to be indorsed on license 641 
 
 obtained improperly, cancellation 642 
 
 renewal license, not to be granted when 632, 660 
 
 report of attorney general to be submitted to legislature 643 
 
 restaurants, licensing in cities 628 
 
 liquor at meals on Sundays 644 
 
 retail licenses (See Hotel Licenses) 
 
 R.N.W.M.P. canteens ■ 624 
 
 sale by retail defined 623 
 
 sale of liquor by males under 18 and females prohibited 649 
 
 consideration must be in cash 646 
 
 hours of, limited 644 
 
 in quantities less than one gallon price not recoverable except 
 
 against boarder or traveller (See Penalties) 649 
 
 proof of sale, etc. (See Evidence) 661 
 
 to drunken persons, penalty ■ 648 
 
 to persons under 18 years of age 648 
 
 under execution 623 
 
 search by ofBcers, liquor found on 656 
 
 forfeiture of 657 
 
 penalty on occupant of premises 656 
 
 warrant to 656 
 
 second and third offences 658 
 
 forfeiture in certain cases . 654 
 
 penalty increased when applicable 659 
 
 procedure where previous conviction charged 658 
 
 third offence disqualifies 660 
 
 security bonds by licensees 638 
 
 in case of removal 641 
 
 for price of less than one gallon void 649 
 
 member of assembly not to give bond unless licensee 671 
 
 selling without license (See Penalties) 650 
 
 servant, licensee liable for certain acts of 645 
 
 males under 18 and females not to serve liquor exception 649 
 
 occupant liable for certain acts of 655 
 
 set off of price of less than one gallon of liquor not allowed, excep- 
 tion 649 
 
 sheriff, sale of liquor by under execution 623 
 
 short title of ordinance 622 
 
 sitting room to be distinct from bar 629 
 
 suicide, while intoxicated, liability of person by whom liquor given 
 
 to deceased 649 
 
 suit for price of less than one gallon not allowed, exception 649 
 
 pleading general issue 649 
 
 Sunday, sale of liquor on prohibited, except at meals 644 - 
 
 synopsis of ordinance and penalties to be posted 655 
 
 penalty for omitting to post 655 
 
 territory within which ordinance applicable 670 
 
 town (See Municipalities) 
 
 transfer of licenses by act 640 
 
 death 639 
 
 marriage of female licenses 641 
 
 consent of attorney general 640 
 
 death of licensee, license continued 60 days 639 
 
 ejectment of licensee, license to new tenant 640 
 
INDE2 Ixxxix 
 
 LIQUOR LICENSE— Gojitiwwed. page 
 transfer of licenses — Continued. 
 
 f®®^ °° • 641, 642 
 
 improperly obtained, cancellation 642 
 
 licensed premises vacated, or lease determined 640 
 
 licensee improperly refusing to transfer 640 
 
 marriage of female licensee 641 
 
 removal of license, q.v 640 
 
 rights continued for 60 days after ......... ............ .... . 639 
 
 tenant forfeiting, authority to owner to continue business.. 640 
 
 transfer of business by operation of law on 639 
 
 traveller or boarder, pretending to be 653 
 
 liability for liquor supplied 649 
 
 vote as to issue of licenses (See Optional Clauses) 665 
 
 wages, except due by licensee not to be paid on premises 643 
 
 warrant to search licensed premises 656 
 
 wholesale license ] 
 
 consumption on premises prohibited 650 
 
 conviction of licensee, effect of 626 
 
 evidence 650 
 
 hours for sale limited '. 644 
 
 liability of licensee and occupant for acts of servant 645 
 
 license fee 638 
 
 no other business allowed, exception 626 
 
 penalties against (See Penalties) 650 
 
 powers of licensee 626 
 
 report of inspector ' . 636 
 
 restrictions on sale by , , \ 626 
 
 wholesale and retail licensees, payments between 646 
 
 wholesale licensee selling for illicit sale : . . . . 650 
 
 by retail elsewhere 650 
 
 witnesses (See Evidence). 
 
 LITERARY INSTITUTES, 
 
 See Mechanics' and Literary Institutes. 
 
 LIVERY STABLE KEEPERS (CO. 1898, c. 57), 
 
 animals detained to be cared for by stable keeper 694 
 
 "boarding stable keeper" defined 694 
 
 detention by stable keeper of anipials and effects for indebtness. . 694 
 
 effects detained, stable keeper responsible for care of 694 
 
 interpretation 694 
 
 lien of stable keeper ,on animals and effects for indebtness and en- 
 forcement .* 694 
 
 "livery stable keeper" defined 694 
 
 ordinance, copy of to be posted in stable or benefit of ordinance 
 
 forfeited 695 
 
 penalty for omission to post 'copy of ordinance in stable 696 
 
 to cleanse and disinfect stable 696 
 
 responsibility of stable keeper for animals and effects detained. . 694 
 
 "sales stable keeper" defined 694 
 
 sale by public auction of animals and effects detained in default o'f 
 
 payment within one month . . . : 694 
 
 notice of intention to sell 695 
 
 particulars to be stated in 695 
 
 proceeds of application - 695 
 
 surplus unclaimed after one month to be paid to territorial 
 
 treasurer 695 
 
 for one year to belong to general revenue fund 695 
 
 short title 694 
 
 stable to be cleansed and disinfected 695 
 
 penalty for omission 696 
 
 LOCAL IMPROVEMENTS (1903, sess. 2, c. 24), 
 
 accounts, books of ■ ■ ■ • JIO 
 
 borowing powers of council 710 
 
 receipts and c^ipenditures 710 
 
 adjournment of annual meeting .■;■••• ; • •. 704 
 
 adjustment of assets between districts by commissioner 717 
 
 alteration of boundaries of district 713 
 
xc 
 
 INDEX 
 
 LOCAL IM±-ROVEMBNTS— (7on«mMe(?. page 
 
 annexation of outlying areas 698 
 
 annua] return to commissioner 713 
 
 appeal from assessment 708 
 
 application for information of return of arrears 714 
 
 apportionment of expenditure between divisions 709 
 
 arrears of taxes, return to commissioner, q.v 714 
 
 assessment of district 707 
 
 appeal 7O8 
 
 apportionment of expenditure 709 
 
 assessment roll 707 
 
 correction of errors In roll 707 
 
 distress for taxes 707 
 
 notice of assessment 708 
 
 suit for taxes 707 
 
 taxes a lien 707 
 
 taxes paid to be entered in roll 709 
 
 unknown owner 707 
 
 assessment in lareje districts 711 
 
 assessment rolls, corrtction of 711 
 
 departmental 711 
 
 Gistress for taxes 712 
 
 errors, correction of 712 
 
 notice of 711 
 
 rate 711 
 
 taxes a lien 712 
 
 unknown owner ^ 712 
 
 audit ; 710 
 
 authentication of orders 716 
 
 books of district (See Accounts, Audit) 710 
 
 borrowing powers of council 71 
 
 boundaries 713 
 
 chairman of district 704 
 
 clerk of local improvement branch 696 
 
 commissioner, interpretation 696 
 
 orders of 71 7 
 
 returns to 71 3 
 
 committee of council, appointment 705 
 
 discharge 705 
 
 duties 705 
 
 general directions to 705 
 
 powers of 705 
 
 proceedings not invalii^a+ed bv vacancy .'. 7ii(i 
 
 conditions of contracts (iSee Contracts) 701 
 
 constitution of districts , fiiR 
 
 bv order of lieutenant governor in council "«'' . 
 
 conditions 698 
 
 order when and how made 699 
 
 valid notwithstanding noncomnliance ; 6<t9 
 
 petition, declaration to accompany 699 
 
 repuisites of 698 
 
 verification of signatures 699 
 
 nowers of lieutpnant governor In council fi"^ 
 
 construction of works 709 
 
 contracts, oondition«! of 7on 
 
 powers of council 709 
 
 control of works 700 
 
 correction of errors in assessment roll 707 
 
 council (Slp-^ Committees) 705 
 
 declaration of office 703 
 
 di=itrirt councils fiOO 
 
 disoualification of member 7"0 
 
 electors and elections 70? 
 
 internretation 6<>7 
 
 joint action by several councils i"5 
 
 meetings 714 
 
 officers ,• • • 7" ' 
 
 procpodln-'s and powers of ''''' 
 
 qualification of member • 699 
 
INDEX XCl 
 
 LOCAL IMPROVEMENTS— Cowfwttec?. page 
 council — Continued. 
 
 rules of procedure 706 
 
 special meetings of 705 
 
 councillor, council, electors and elections 702 
 
 interpretation 697 
 
 qualification 699 
 
 retirements 700 
 
 vacancies 700 
 
 declaration of office 703 
 
 department, interpretation, public works , 696 
 
 districts, constitution of districts 698 
 
 disorganisation of 713 
 
 district council 799 
 
 interpretation 696 
 
 large local improvement districts 710 
 
 disorganisation of district 713 
 
 disqualification of members of council 700 
 
 conviction 700 
 
 interest 700 
 
 by ouster of office 701 
 
 retirement 700 
 
 vacancies 7uO 
 
 distress fo;: taxes 707 
 
 division (See Apportionment of Expenditure) 709 
 
 constitution of districts 698 
 
 interpretation 696 
 
 election of council 702 
 
 declaration of elector 702 
 
 false accusation, penalty 702 
 
 first election 702 
 
 notice of 702 
 
 poll 702 
 
 returning officer, appointment 702 
 
 duties 702 
 
 remuneration 703 
 
 vote • 702 
 
 vacancy to fill 702 
 
 electors and elections 701 
 
 interpretation 697 
 
 qualification • '01 
 
 exemptions, land held for church 716 
 
 cemetery • • • 716 
 
 Indians 716 
 
 irrigation canal 716 
 
 schools • 716 
 
 existing districts, disorganisation 713 
 
 expenditure ■ '^1^ 
 
 extension of time 717 
 
 false declaration, penalty 702 
 
 first election ' • '^^^ 
 
 first meeting of council 70* 
 
 forms (See Schedule) ■ ^J° 
 
 gazetted, meaning /■,■■■■', ^11 
 
 interpretation, clerk of local improvement branch 696 
 
 commissioner °^° 
 
 council : "fL 
 
 councillor ^q' 
 
 department • • • ggg 
 
 district 
 
 .... \ 696 
 
 division gg,^ 
 
 elector gqq 
 
 gazetted gng 
 
 land ■ f.n„ 
 
 larger district °^^ 
 
 local improvement branch oao 
 
 occupant ._._ 
 
 outlying areas ^^' 
 
 owner "'" 
 
LOCAL IMPROVEMENTS— Co»i<iMiie(?. page 
 Interpretation — Continued. 
 
 persons 697 
 
 prescribed 697 
 
 public notice 697 
 
 published (8ee Public Notice) 697 
 
 ratepayer 697 
 
 real property (See Land) 697 
 
 resident 697 
 
 secretary " 697 
 
 taxable person 697 
 
 year 698 
 
 joint action by several councils 708 
 
 judge, application to for confirmation of returns of arrears 714 
 
 ouster of office 701 
 
 See Returns to Commissioner 715 
 
 land, interpretation 697 
 
 large district, interpretation 696 
 
 large local improvement districts 710 
 
 assessment, departmental 710 
 
 notice of 710 
 
 rate of 710 
 
 roll 710 
 
 unknown owner 710 
 
 agent ' 710, 712 
 
 correction of roll 712 
 
 disorganisation of 713 
 
 distress of taxes 712 
 
 erection: by lieutenant governor in council 710 
 
 lien for taxes 712 
 
 money expenditure 71 2 
 
 rate 710 
 
 taxes (See Return to Commissioner) 713 
 
 lien for taxes, realisation of (See Returns to Commissioner) .... 714 
 
 local improvement brancb, interpretation 696 
 
 meetings (See Annual, First Meeting) 704 
 
 member of council (See Council, Councillor) 699, 705 
 
 moneys of district (See Expenditure) 710 
 
 nonacceptance of office by chairman or councillor *. 703 
 
 notice, annual meeting 703 
 
 assessment 708 
 
 election 702i 
 
 first meeting 703 
 
 return of arrears, application to confirm 714 
 
 special meeting 705 
 
 noxious weeds ordinance, enforcement 704 
 
 occupant, interpretation 697 
 
 office, declaration of 703 
 
 nonacceptance of 703 
 
 ouster of 701 
 
 vacancy in 700 
 
 officers, appointment of 706 
 
 councillor not to be except secretary treasurer 707 
 
 official councillor ' 700 
 
 order, agent's assets 717 
 
 constituting districts 698 
 
 erectin":? large districts 710 
 
 villages 698 
 
 vesting land in crown 715 
 
 ouster of office, procedure 701 
 
 validity of acts of council not affected 70] 
 
 outlying area (See Interpretation) ....'. 697 
 
 owner (See Internretation) 697 
 
 payment of councillors 70G 
 
 penalties, false declaration ' yq2 
 
 overseer's default ' i^-^g 
 
 surety's default 718 
 
 person, interpretation ggy 
 
 petition, requisites of 698 
 
INDEi> XClll 
 
 LOCAL, IMPROVEMENTS— Con<wMe(i. , page 
 
 l)ovvers of council, assessment and expenditure 707 
 
 proceedings and powers 703 
 
 rules of procedure, works 706 
 
 commissioner, adjustment of assets 717 
 
 as to large districts 710 
 
 public works , 709 
 
 judge 709 
 
 lieutenant goveruor in council 710 
 
 as to constitution of districts 698 
 
 determining number of councillors 698 
 
 extension of time 717 
 
 large districts 710 
 
 official councillor's appointment 698 
 
 regulations 716 
 
 severance of districts . . .' 698 
 
 settlement of liabilities, rights, etc 698 
 
 settlement of questions between districts 717 
 
 works 709 
 
 prescribed, interpretation 697 
 
 proceedings and powers of council 703 
 
 (See Council) 703 
 
 chairman to be elected at iirst meeting and preside 704 
 
 majority vote 704 
 
 meetings appointed by resolution 705 
 
 power to adjourn 704 
 
 quorum 704 
 
 record of proceedings 704 
 
 vote of chairman 704 
 
 procedure, rules of council 706 
 
 to enforce lien for taxes 714 
 
 (See Returns to Commissioner) 713 
 
 public notice, interpretation 697 
 
 public works (See Commissioner) 696 
 
 (See Department) 696 
 
 (See Local Improvement Branch) 696 
 
 not to be interfered with except by consent of commissioner.. 709 
 
 public works district, construction of 709 
 
 control of '^^^ 
 
 published (See Interpretation) 697 
 
 qualification of member of council 699 
 
 elector '^''■'■ 
 
 quorum of council, proceedings and powers 704 
 
 rate, how fixed ™^ 
 
 large districts, q.v 711 
 
 ratepayer, interpretation 697 
 
 receipts and expenditure ^^^ 
 
 record of proceedings of council 704 
 
 removal of councillor (See Ouster) 701 
 
 retirements and vacancies ™" 
 
 returning officer not eligible for election 703 
 
 returns to commissioner ' J^ 
 
 of assessment, taxes and work done 71^ 
 
 of arears of taxes '}* 
 
 confirmation of judge '|* 
 
 application for '|* 
 
 adjudication ^^^ 
 
 costs '■ Y1 4. 
 
 notice of application •^'* 
 
 order vesting land in crown 'Jo 
 
 payment of taxes by commissioner 'ib 
 
 rules of procedure, council may make ,J^o 
 
 secretary, appointment 707 
 
 duties 697 
 
 interpretation ' ' i^^g 
 
 settlemen^o^f differences between councils .•.::::■.;;;:::; 696 
 
 short title 
 
XCIV INDEX 
 
 LOCAL IMF^^aVEUENTS— Continued. page 
 
 special meetings of council 705 
 
 suit for taxes 708 
 
 taxable person, interpretation 697 
 
 taxes (See Assignment) 707 
 
 (See Distress) 708 
 
 (See ,Lien for Taxes) 708 
 
 (See Suit for Taxes) 708 
 
 vacancies in council 700 
 
 absences 700 
 
 disqualification 700 
 
 nonacceptance of office 703 
 
 ouster by order of judge 701 
 
 resignation 700 
 
 when filled by appointment 700 
 
 validity of orders 717 
 
 works, already constructed, control of 709 
 
 construction of 709 
 
 public, of government 709 
 
 year, interpretation 698 
 
 LORD'S DAY PROFANATION (CO. 1898, c. 91), 
 
 amusement and games prohibited 722 
 
 business, labour, etc , prohibited, exceptions 722 
 
 contracts, etc., made on Sunday to be void 722 
 
 hunting or pursuit of game prohibited 722 
 
 exception in case of person in actual want 722 
 
 penalty for breach of ordinance 722 
 
 MARKETIinG and inspection OF STOCK, 
 
 See Brands. " 
 
 MARRIAGE (CO 1898, c. 46, 1901, c. 17, 1903, c. 11), 
 
 afiSdavit (See Marriage Licenses) ; 730 
 
 attorney general, territorial secretary substituted for 739 
 
 ceremony not to Be performed without license, banns, etc 729 
 
 civil marriage, amendment (See Marriage) 734 
 
 clergyman duly ordained, may solemnise 729 
 
 commissioners for solemnisation of 734 
 
 consent of guardian for marriage of minor 731 
 
 Doukhobortsl, marriage of (amendment) 734 
 
 fees (See Marriage Licenses) 731 
 
 forms (See Schedule and schedule of amendment) 732, 736 
 
 issue of marriage licenses 730 
 
 licenses Issued by attorney general to remain valid (See Marriage) 739 
 
 marriage by commissioner (amendment) 734 
 
 civil, commissioner's certificate (amendment) 734 
 
 notice to commissioner 734 
 
 marria'^e licenses, affidavit prior to grant of 730 
 
 evidence of statements in 730 
 
 fees for 731 
 
 Issue of ' : 730 
 
 signature of 730 
 
 by issuer 730 
 
 of Doukhobortsl 734 
 
 of minors 731 
 
 consent of guardian necessary 731 
 
 dispensed with when 731 
 
 of Quakers 734 
 
 registration of 735 
 
 solemnisation of by unqualified person, penalty 732 
 
 validity of 735 
 
 witnesses 700 
 
 who may perform 729 
 
 penalty for issuing licenses without authority 732 
 
 territorial secretary substituted for attorney general 739 
 
INDEX XCV 
 
 MAGISTRATES (CO. 189S, c. 32), page 
 
 advocate in practice shall not be appointed 723 
 
 alien shall not be appointed 723 
 
 appo'-itment of justices (See Justices) 723 
 
 commission of the peace 723 
 
 forms ( See Schedules ) 726 
 
 issue of new commission cancels old commissions 723 
 
 reappointment may be made 723 
 
 jurisdiction in first justice, except by consent .' 724 
 
 In one justice unless otherwise provided 724 
 
 justice acting before or after hearing need not be a justice by whom 
 
 case is heard 724 
 
 limitation as to place -. 724 
 
 one justice sufficient in matters preliminary to hearing or subse- 
 quent to determination 724 
 
 priority of 724 
 
 when two or more justices necessary they shall act together during 
 
 whole of hearing 725 
 
 justices, appointment and jurisdiction 723 
 
 summary proceedings before 724 
 
 oaths of allegiance and office to be taken 723 
 
 record of 723 
 
 police magistrates 728 
 
 duration of office 728 
 
 must be barrister, advocate or solicitor of three years' standing 728 
 
 penalties for nontransmission of fines after resignation 728 
 
 powers of 728 
 
 reslgnatibn, transmission of fines after 728 
 
 procedure, part LVIII of the criminal code to apply to proceedings 
 
 under ordinances 724 
 
 to enforce returns (See Returns) 726 
 
 repeal of section 64, N.W.T. act 728 
 
 returns and transmissions by justices 725 
 
 moneys received to be transmitted forthwith 725 
 
 procedure for enforcement of returns and transmissions .... 725 
 
 penalty for nonreturn or false or incorrect return 726 
 
 other penalties continued 726 
 
 schedule 727 
 
 short title 723 
 
 MARRIED WOMEN'S PERSONAL rxlOPBRTY (CO. 1898, c. 47), 
 
 as regards personal property has rights of a /e«ie sole 740 
 
 MASTERS AND SERVANTS (1904, c. 5), 
 
 application of ordinance to contract made outside territories .... 742 
 
 civil remedies preserved 742 
 
 complaint, entry by clerk, a statement of claim 741 
 
 conterclalm of employer 740 
 
 contracts of hiring 740 
 
 "employer" or "master" may include corporation 742 
 
 enforcement of judsment 742 
 
 improper dismissal, six weeks' wages may be allowed 741 
 
 judgment, enforcement of '. 742 
 
 master, counterclaim by 741 
 
 papers to be transmitted to clerk of court 741 
 
 misconduct by 741 
 
 nonpayment of wages by i 741 
 
 "or employer" may mean a corporation 742 
 
 nonpayment of wages, proceedings on 741 
 
 penaltv for misconduct of servant 740 
 
 proceedings on nonpayment of wages 741 
 
 limit of time tor instituting 742 
 
 . repeal 742 
 
 servant, misconduct of 740 
 
 MECHANICS' AND LITERARY INSTITUTES (CO. 1898, c. 67), 
 
 audit of financial statement prior to annual meeting 744 
 
 election of officers 743 
 
 fund of institute, application of 745 
 
'"^CVl INDEX 
 
 MECHANICS' AND LITERARY INSTITUTES— (7on<i«Med. page 
 
 institute, organisation of 743 
 
 to be a corporation .'....'. 745 
 
 powers of 745 
 
 meetings, annual ' . 744 
 
 officers' report at 744 
 
 record to be kept and certified copy sent to territorial 
 
 secretary •. . . 745 
 
 financial statement to be presented at 744 
 
 record to be kept and certified copy sent to territorial 
 
 secretary 745 
 
 of officers, how called 744 
 
 member, who may become a 743 
 
 annual subscription payable by 743 
 
 objects of institutes 743 
 
 officers and election of 743 
 
 annual report of 744 
 
 information to be given to territorial secretary by V44 
 
 organisation of institutes, mode of - 743 
 
 power of institute to acquire lands, etc 745 
 
 report by officers, annual 744 
 
 short title 742 
 
 voters at election of officers, qualification of 743 
 
 at meetings, qualification of 744 
 
 MECHANICS' LIBN9 (CO. 1898, c. 59), 
 
 actions to enforce liens, death of plaintiff or refusal ^0 proceed.. 753 
 
 enuring for class \ 753 
 
 judicial district in which to be brought : 753 
 
 lien holders may join in ■ 753 
 
 time for . 752 
 
 agreements as to lien not to affect third party 747 
 
 arbitration of claim against lien holder 750 
 
 subcontractors' claim 750 
 
 assignment of lien 754 
 
 chattels, liens on 755 
 
 application of proceeds 755 
 
 enforcing 755 
 
 class of lien holders to rank pari passu 753 
 
 costs of lien may be added to judgment 753 
 
 death of lien holder 754 
 
 discharge of lien 754 
 
 cost of 754 
 
 registration of 754 
 
 executions against persons supplying material, exemptions 754 
 
 forms in schedule declared sufficient for purposes 755 
 
 interpretation "contractor" 747 
 
 "labourer" 747 
 
 "owner" 747 
 
 "subcontractor" 747 
 
 lien holders, claims against, action or abitration respecting .... 750 
 
 effect of '. 749 
 
 failure to pay, payment by owner 750 
 
 deemed purchasers pro tanto 750 
 
 lien of mechanics and others doing work or supplying materials for 
 
 ten days aft^ completion of woik 747 
 
 machinery, sale or removS of 753 
 
 material affected by lien, not to be removed 751 
 
 mortgage, prior, effect of lien on 748 
 
 owner, liability of not to be increased by lien 749 
 
 entitled to retain ten per cent, of contract price 748 
 
 payments by owner in good faith 749 
 
 pay rolls to be posted 758 
 
 property on .which lien attaches i48 
 
 where leasehold, consent of landlord to lien on land ........ 748 
 
 registration of lien 751 
 
 time for 752 
 
 setting aside 754 
 
 receipted pay rolls, posting of 758 
 
IXDES XC-Vll 
 
 MECHANICS' LIENS— Contfm(e(Z. page 
 
 removal of liens on terms . . .- 754 
 
 application for summarily , .'. 754 
 
 sale of land charged with lien . . . 753 
 
 short title ' _" 747 
 
 subcontractor, claim of, arbitration .............'. 750 
 
 defined 747 
 
 lien of, limited 749 
 
 wages, lien for 74g 
 
 priority of 749 
 
 uniting several claims of 751 
 
 where property belongs to wife of employer 748 
 
 MEDICAL PROFESSION (CO. 1898, c. 52), 
 
 admission to practise, persons entitled to 765 , 
 
 appeal from committee of inquiry 769 
 
 registrar's decision 768 
 
 correction of reports 768 
 
 to judge for refusal to register 775 
 
 application of fines (See Fines) 773 
 
 central examining board 766 
 
 certified by registered practitioner (See Rights of) 765 
 
 college of physicians and surgeons of North-West Territories, in- 
 corporation 760 
 
 council of, election of members 760 
 
 conduct of by registrar 761 
 
 doubted or disputed inquiry by committee 763 
 
 election papers to be preserved ". . 763 
 
 members elected 761 
 
 mode of 761 
 
 new election, council may order 763 
 
 petition against return of members 763 
 
 filing and service of 763 
 
 regulations for may be made by council 762 
 
 scrutineers '^^1 
 
 time and place of holding 761 
 
 votes, count of ''61 
 
 equality of '^^^ 
 
 for ineligible person void 762 
 
 for more than five persons first five only counted V62 
 
 may be cast, for whom ^61 
 
 voters' list, correction of by registrar 76^ 
 
 appeal to judge from |^62 
 
 objections to proceedings in 'o^ 
 
 preparation of by registrar 7o^ 
 
 to be conclusive '°^ 
 
 fees and expenses of members of ... ......... 64 
 
 members of ineligible for election unless qualified to vote.. ^oO 
 
 number of ,j,g^ 
 
 qualification „„.. 
 
 term for which elected • 'l'- 
 
 meetings of, rules and regulations for, council may make .... 764 
 
 officers of 769 
 
 powers of • • • • 703 
 
 vacancies in, how supplied 
 
 voters for must have paid fees .■ ,J°^ 
 
 committ^^'Sn^• doubted or disputed electi^i •.■.•.•.■.■.•.■.•.:.■ ' V. 763 
 
 :3^S^ ^S^^= ^Xli^onduct) •:;:: ^ 
 
 costs in dismissed complaint ■•■■••• 767 
 
 dominion registration to be accepted ^b^ 
 
 disciplinary . ■ • • 764 
 
 executive committee, appomtmeni: oi uj- ^^^ 
 
 powers of ■ ■ 
 
MEDICAL PROFESSION —Continued. pagb 
 
 fees, annual membership 766 
 
 debt to college 766 
 
 nonpayment of renders member ineligible to vote or to be 
 
 elected 762 
 
 nonresident, members due by 766 
 
 recovery of 766 
 
 members of council 764 
 
 officers and board of examiners 763 
 
 registration, on 766 
 
 fines, application of ^. 773 
 
 general power of council *. 766 
 
 bomcepatbic physicians, registration of 765 
 
 inquiry as to conduct of registered practitioner 767 
 
 notice of (See Misconduct) 769 
 
 place of ^... 769 
 
 legal assistance, committee of inquiry 768 
 
 limitation of prosecution 772 
 
 of action for negligence 770 
 
 misconduct of registered medical practitioner 767 
 
 erasure of name from register 768 
 
 inquiry respecting 767 
 
 appeal to judge 769 
 
 committee of 768 
 
 costs of 768 
 
 evidence at 769 
 
 nonattendance of accused at, conduct in absence 769 
 
 notice of 769 
 
 offences and penalties (See Penalties) 772 
 
 onus of proof (aee Prosecutions) 772 
 
 penalty, disposition of 773 
 
 enforcement of payment of 772 
 
 false medical title, for assuming 772 
 
 omission to register for 771 
 
 practising without registration 772 
 
 practise, persons entitled to 764, 765 
 
 president and officers, meeting of (/See Council) 763 
 
 preteniin? to be a physician (See Penalties) 772 
 
 prosecutions 771 
 
 limitation of time for commencing 772 
 
 proof of registration, burden of on accused 772 
 
 stay of proceedings 772 
 
 register, entries in , 764 
 
 erasure from 767 
 
 appeal to judge 769 
 
 procedure 769 
 
 inspection, to be open to 764 
 
 keeping , 764 
 
 publication of 771 
 
 re-entry after erasure from 768 
 
 fee on : 768 
 
 regulations respecting, council to make 764 
 
 register, North-West Territories, medical 771 
 
 effect of '■ 771 
 
 form of 771 
 
 publication of 771 
 
 registrar, duties of 765, 772 
 
 returns by, if required 773 
 
 registration. Dominion to be accepted as Territorial 774 
 
 effect of or of default .in 77O, 772 
 
 evidence of 771 
 
 fee for , 766 
 
 forfeiture of (See Register, erasure from) 768 
 
 powers of council as to, may be delegated to registrar .... 764 
 
 proof of, burden of to be upon accused 772 
 
 qualification and proof necessary for 765 
 
 restoration of name (See Registrar) 768 
 
 returns by registrar, if required 773 
 
Index xcJx 
 
 MEDICAL PROFESSION— Oontimed. page 
 
 rights of registered practitioner (See Registration) 770 
 
 rules and regulations, general, coucil may make 766 
 
 register and examinations, respecting, council may make 766 
 
 schedule 7rr 
 
 short title '■'■'■'■'.'''.'.'.'.'.'.'.'.'.'.'.'.['.['.'.'.'.'.'.'.'".',"..'" 769 
 
 subncena (See Misconduct) ...'!'.. . 769 
 
 testimony of witnesses under oath {See Committee of Inquiry) ! ! 769 
 
 MERCANTILE AGENTS, 
 
 See Factors and Agents. 
 
 MINES AND MINING COMPANIES, 
 See Coal Mines Regulations. 
 See Companies. 
 
 MINORS, USE OF TOBACCO, 
 
 See Use of Tobacco by Minors. 
 
 MORTGAGES OF PERSONAL PROPERTY, 
 See Chattel Mortgages. 
 
 MUNICIPAL (CO. 1898, revised 1899, c. 15; 1900, c. 29; 1901, c. 23; 
 1903, c. 18; 1903, sess. 2, c. 22; 1904, c. 6), 
 
 absence of mayor or reeve from council (See Council) 810 
 
 abatement of nuisances, bylaws for 801 
 
 actions against municipalities (See Miscellaneous) 858 
 
 agent of candidate at poll (See Municipal Organisation) 783 
 
 adjournment of sale (See Sale of Land for Taxes) 833 
 
 advertisement and sale (See Sale of Land for Taxes) 832 
 
 adjustment of assets and liabilities (See Rural Municipalities) . . 876 
 
 agricultural societies, bylaws as to aid to 799 
 
 appeal from court of revision (See Assessment) 818 
 
 appointment of officers, bylaws 799 
 
 arrears of taxes (See Rural Municipalties) 876 
 
 applications to quash bylaws .■ 853 
 
 assent of bylaws (See Bylaws Creating Debts) 840 
 
 local ■ improvements in townsite 865 
 
 ■ assessment and collection of taxes, part III 813 
 
 assessment committee, appointment 818 
 
 ■ crown lands, exemption of crown interest 813 
 
 exemptions from 814 
 
 income 813 
 
 lands 813, 816 
 
 poll tax, q.v 829' 
 
 collection of 829 
 
 demand from employers 829 
 
 partnership property 816 
 
 railway property 813 
 
 roll 815 
 
 statute labour, q.v 830 
 
 stock in trade 817 
 
 triennial in rural municipalities 817 
 
 assessors' duties, to prepare roll 815 
 
 to give notice of assessment 818 
 
 neglect of duty by (See Miscellaneous, Part VII) 857 
 
 oath of 817 
 
 appeal from assessment (See Court of Revision) 818 
 
 appeal to judge from court of revision 821 
 
 clerk of court 821 
 
 costs 822 
 
 decision final 822 
 
 hearing and determinin,g 821 
 
 , notice of " 821 
 
 production of roll - 821 
 
 powers of judge 822 
 
 roll, production of 821 
 
 taxation 822 
 
 title of proceedings ...>.: 822 
 
« INDEX 
 
 MUNICIPAL — Continued. page 
 assessment and collection of taxes — Continued. 
 
 books to be kept 828 
 
 clerk of court on appeal 821 
 
 costs of appeal 822 
 
 committee, appointment of, assessment 815 
 
 crown lands, exemption of crown interest 813 
 
 court of revision 818 
 
 adjournment of 818 
 
 appearance in person or by agent 820 
 
 clerk of 818 
 
 entry on the roll 820 
 
 ex parte proceeding when 820 
 
 evidence on oath 818 
 
 entry on tax roll 820 
 
 hearing and determining 820 
 
 list of appeals to be published 819 
 
 notice to party 820 
 
 omission ratepayer 819 
 
 revised roll 826 
 
 service of notice of 819 
 
 commutation of statute labour 831, 832 
 
 date of completion of 817 
 
 duties of road overseer 830 
 
 estimates of moneys required 823 
 
 exemptions from taxation 815 
 
 farm lands, notice of assessment 816 
 
 gardens, mode of assessment 816 
 
 hearing and determining appeals 821 
 
 information to be given assessor 816 
 
 income assessable ..... 814 
 
 land values, mode of assesment ..... 817 
 
 market gardens, mode of assessment 816 
 
 mineral lands, mode of assessment ,. . . .i 817 
 
 nursery, mode of assessment 816 
 
 property liable to taxation 813 
 
 crown lands, as to interest of parties 813 
 
 incomes 813 
 
 land 813 
 
 railway property 813 
 
 poll tax 829 
 
 collection of 829 
 
 demand from employers 829 
 
 exemptions from 829 
 
 railway property 816 
 
 rates 823 
 
 action for recovery 825 
 
 arrears, adding of 827 
 
 statement of 828 
 
 books to be kept 826, 828 
 
 demand for income tax 824 
 
 distress and sale 825 
 
 costs of 825 
 
 disposal of surplus 825 
 
 due, when 824 
 
 notice of sales under distress 825 
 
 seizure of goods for arrears 826 
 
 sinking fvmd, disposal of 828 
 
 statement of t^xes collected and in arraers 826 
 
 tax notices 824 
 
 road overseers and statute labour 830 
 
 commutation of labour 831 
 
 duties of overseer 4, 836 
 
 labour, amount '( 831 
 
 commutation of 830 
 
 how performed 830 
 
 money tax, substitution of 832 
 
 penalty for nonpayment of assessment 831 
 
INDEX CI 
 
 MUNICIPAL — Continued. " . p^qb 
 assessment and collection of ta,xes— Continued. 
 
 rural municipalities triennial assessment 817 
 
 single tax • 832 
 
 statute labour (See Road Overseers) 830 
 
 stock in trade, mode of assessment of 817 
 
 taxes (See Rates) 823 
 
 assessors (See Assessment at Part III) 815 
 
 appointment of (See Officials) 799 
 
 audit of acounts (See Annual) 812 
 
 auditor (See Annual) 812 
 
 ballot (See Municipal Organisation) 784 
 
 bonusing manufacturers, bylaws for 803 
 
 books to be provided 826 
 
 bribery at elections (See Municipal Organisation) 794 
 
 buildings, bylaws as to razing 803 
 
 building and operation of factories, etc., bylaws 803 
 
 inspectors, appointment, bylaws 807 
 
 public works, bylaws 805 
 
 farm 807 
 
 hospitals 805 
 
 bylaws creating debts and exempting from taxes, part V 840 
 
 assent of two-thirds ratepayers required 840 
 
 exemption debt payable in current year 846 
 
 ballot on, as to 842 
 
 declaration of result of vote \ 842 
 
 final passing of 843 
 
 form of ballots 842 
 
 limit of power to pass ....'. 840 
 
 local improvement, q.v 844 
 
 notice appended to publication of 842 
 
 oath required of voter 843 
 
 persons entitled to vote 843 
 
 petition for i 840 
 
 powers of lieutenant governor in council 877 
 
 provisions of 841 
 
 added, 1904, c. 6 876 
 
 publication of 842 
 
 repayment, terms of 841 
 
 scrutineers 843 
 
 special rate in particular area 846 
 
 time and place of voting 842 
 
 term of repayment 841 
 
 two-thirds of ratepayers, assent of 846 
 
 voting on 842 
 
 cemeteries (See Councils) '. . . 797 
 
 census, bylaws as to 797 
 
 for erection of village into town 868 
 
 chimneys, bylaws as to 804 
 
 claimant for surplus (See Sale of Land for Taxes) 839 
 
 closing shops, bylaws as to . ^ 808 
 
 commutation of statute labour, assessment 831 
 
 compelling assistance putting out fire, bylaw 
 
 compromising for arrears of taxes, bylaw 
 
 conditions of incorporation, rural municipalities 873 
 
 contracts for light and water, bylaws 
 
 control of ferries and bridges, councils 798 
 
 controverted elections (See Municipal Organisation) 794 
 
 corrupt practices at election (See Municipal Organisation) 79I 
 
 corporate names (See Municipal Organisation) 775 
 
 councils, part II 797 
 
 absence of mayor or reeve 810 
 
 appointment of officers, bylaws 799 
 
 secretary treasurer 811 
 
 auditor 812 
 
 audit of accounts of secretary treasurer 812 
 
 auditor, appointment of gj2 
 
 duties of 812 
 
Cll IHDBX 
 
 MITNICIPAL — Continued. page 
 councils, part II — Continued. 
 
 publication of statement of 812 
 
 qualification of 812 
 
 to audit accounts of secretary treasurer 812 
 
 bylaws, power to pass, refer for subjects to section 95 clauses 
 
 1 to 77 : 799, 809 
 
 alteration, amendment and repeal 798 
 
 application to quash, time limit t>10 
 
 collection of license fees 809 
 
 costs of enforcement 809 
 
 creating debts, q.v 840 
 
 enforcement of 809 
 
 evidence of 809 
 
 general powers as to 798 
 
 indemnity of councillors 798 
 
 licensee, liability of 809 
 
 passage of 809 
 
 proceedings 809 
 
 proof of 809 
 
 time for application to quasb 810 
 
 cemeteries 797 
 
 control of ferries and bridges Vit8 
 
 councillors' indemnity 798 
 
 duration of oflSce of employees 798 
 
 duties of officer 798 
 
 ferries and bridges ^ 798 
 
 general powers 798 
 
 highways and bridges, jurisdiction over 797 
 
 indemnity 798 
 
 liabilities of officers 799 
 
 mayor, absence of 810 
 
 duties of 810 
 
 ratepayers' meetings, as to 810 
 
 special meetings, as to 810 
 
 meetings, number of 798 
 
 officers, appointment 798 
 
 duties 798 
 
 liabilities 799 
 
 security 798 
 
 public works, responsibility for 798 
 
 quorum 797 
 
 treasurer, appointment, duties and security by s±l 
 
 term of office 797 
 
 vacancy in 811 
 
 councillors' indemnity 798 
 
 court of revision (See Assessment) 818 
 
 (See Local Improvement) 818 
 
 (See Municipal Organisation) 731 
 
 crown lands, exemption from taxation 813 
 
 date of sale of lands for taxes 833 
 
 destruction of noxious weeds, bylaws for 804 
 
 disposition of property not required, bylaws for 80S 
 
 drainage, bylaws for 800, 801 
 
 driving, regulating, bylaws 801 
 
 duration of office of employees (See Councils) 798 
 
 elections (See Municipal Organisation) 781 
 
 electric and other works, bylaws for 805 
 
 erection of buildings, bylaws for g03, 807 
 
 estimates of moneys required (See Assessment) ' 823 
 
 evidence of right to surplus (See Sale of Land for Taxes) 838 
 
 execution rate limited (See Local Improvement) g66 
 
 against municipality (See Miscellaneous) jj46 
 
 exemption from taxation (See Assessment) ^^^5 
 
 local improvement rate 867 
 
 bylaws for 803 
 
 expropriation of lands (See Miscellaneous) 848 
 
 bylaws for 799 
 
 fees of witnesses at controverted elections (See Council) 794 
 
INDEX ciii 
 
 MimiClPAL— Continued. p^^j, 
 
 ferries and bridges (See Council) 798 
 
 Are department, bylaws ' " gos 
 
 districts, bylaws y. .......................... \ 803 
 
 probate, bylaws . . . . . . . ^803, 804 
 
 walls, bylaws 807 
 
 first election rsee Rural MunicipaiiVies) '............'.'.'.'.'..'..'. '. 875 
 
 (See Villages erected into towns) 869 
 
 general powers (See Councils) 798 
 
 government of municipality, bylaws for ' 804 
 
 grants for patriotic purposes 
 
 confirmation of grants for South African "War 867 
 
 hearing and determining appeals (;See Assessment) 821 
 
 health officers, appointment, bylaws 799 
 
 hosnitals, bylaws 805 
 
 illiterate voter (See Municipal Organisation) 793 
 
 invalid sale, limit of liability, sale of land for taxes 837 
 
 income assessment (See Assessment) 814 
 
 industrial farms, bylaws 807 
 
 information to be given for assessment 816 
 
 infraction of bylaws, miscellaneous 857 
 
 interpretation of terms 7(6 
 
 bridge 777 
 
 council 776 
 
 elector , . . . 776 
 
 highway 777 
 
 householder 776 
 
 judTe 777 
 
 land 776 
 
 local improvement 844 
 
 lot 777 
 
 mavor V 1 6 
 
 municipality 776 
 
 occupant 776 
 
 owner 776 
 
 personal estate 776 
 
 pronrietor '■ ■ ■ 1 76 
 
 real nroperty 776 
 
 ' resident 777 
 
 revised assessment roll , 777 
 
 road ■ ■ ■ ■ 777 
 
 special frontage assessment 844 
 
 taxanle person 777 
 
 investment of sinking fund, bylaw 804 
 
 issuing debentures to aid railways, bvlaws 807 
 
 judge, powers of, controverted election 793 
 
 lands, not in village, adding (See Village Incorporation) 869 
 
 laviuar down pipes, bvlaws 891 
 
 liahilitv of Tnunicinalitv for invalid sale 837 
 
 licensing bvlaws, businesses 802 
 
 gaming tables 802 
 
 hawkers °"" 
 
 pawnshops ^^^ 
 
 places of amusement 802 
 
 PO'iters Ill 
 
 sfavengers °"° 
 
 shows ; ■.• • • ■ • — ;x — T^- ■ ■ ; °" 
 
 lieutenant governor's nowers as to municipalities (See Rural 
 
 Munifinalities) 873 
 
 limit of nower to nass bvlaws 840 
 
 list of lands in arrears for taxes ■ • • ■ ■ »^^^ 
 
 local iTTinrovement and assessments, part VI M* 
 
 assienment and appeal from »*& 
 
 bylaws for o .„ 
 
 as=!ent of electors °^ ' 
 
 contents of : V ,=' \ 847 
 
 court of revision, decision final »*^ 
 
 completion of work ,..,.,.,.,..,..,, 8 . ■) 
 
CIV IXDEX 
 
 MUNICIPAL — Continued. ' page 
 local improvement and assessments — Continued. 
 
 interpretation of term local improvement 844 
 
 special frontage assessment 844 
 
 judge, decision fmal 847 
 
 notice of proposed tax 846 
 
 record of mailing notice o4C 
 
 local improvements in townsite in rural municipality 865 
 
 taxation for S65 
 
 assent to bylaws 865 
 
 contents of bylaws 866 
 
 date of effect 8b6 
 
 execution rate limited 866 
 
 exemption 867 
 
 procedure to be followed 866 
 
 voters 86R 
 
 management of parks, bylaws 807 
 
 market bylaws 800 
 
 market gardens (See Assessment) 816 
 
 marking ballot (See Municipal Organisation) 7S6 
 
 mayor (See Council) 8J0 
 
 interpretation 776 
 
 municipal organisation 778 
 
 rural municipalities 875 
 
 mineral lands, assessment 811 
 
 meetings of council (See Council) .• 798 
 
 miscellaneous, part VII 848 
 
 actions against municipalities 858 
 
 ousier tioS 
 
 pajonent into court 858 
 
 remedy over 858 
 
 applications to quash bylaws 853 
 
 costs, subsequent proceedings 855 
 
 tender of amends 855 
 
 judges, inquiry by 854 
 
 limitation of 854 
 
 notice of action 854 
 
 orders quashing 853 
 
 passage secured by corruption 854 
 
 procedure iso4 
 
 setting aside for corrupt practice 855 
 
 stay of proceedings on bylaw 854 
 
 bylaws, infraction of 857 
 
 penalties 857 
 
 executions against municipalities 848 
 
 copy of writ to be delivered to secretary treasurer .... S4S 
 
 demand for payment 848 
 
 execution sale 848 
 
 levy of special rate 848 
 
 sheriff's receipt 848 
 
 secretary treasurer, iiercentage 849 
 
 officer of court 849 
 
 surplus 849 
 
 expropriation of lands 849 
 
 appeal from award 853 
 
 arbitrators, appointment of 851 
 
 fees of 852 
 
 oath of 852 
 
 award of majority 852 
 
 in writing 853 
 
 trial for 852 
 
 corporation, power of 849 
 
 damages, tender of 850 
 
 disputes, how settled 85Q 
 
 evidence on oath 852 
 
 meeting of arbitrators ' f,o2 
 
 notes of evidence 853 
 
 oath of arbitrator 852 
 
 omission to appoint arbitrator 851 
 
INDEX CV 
 
 MUNICIPAL— CowiijiMecZ. 
 
 miscellaneous, part VIl— Continued. 
 
 payment of amount 850 
 
 powers of court on appeal '. 853 
 
 sums awarded an incumbrance 850 
 
 mtraction of bylaws (See Bylaws) 857 
 
 oath of office and qualifications 855 
 
 penal clauses - 856 
 
 as to ballots 857 
 
 offences at elections I ....... ... 857 
 
 recovery of penalties 857 
 
 municipality, interpretation 776 
 
 municipal organisation, part I , . 
 
 agent of candidate at election (See Poll) ................ 783 
 
 ballot, vote by 784 
 
 destruction of, after election .........!!!!.! 790 
 
 disposal of boxes after election 790 
 
 marking of 786 
 
 not to be open to inspection 790 
 
 spoiled 787 , 
 
 bribery at elections {See Controverted Election) 794 
 
 candidate, withdrawal of 783 
 
 controverted election 792 
 
 bribery, penalty, recovery of 794 
 
 candidate, disqualification of 794 
 
 disclaimer of office on proteset 796 
 
 effect of 796 
 
 service of 796 
 
 disqualified persons, list of 794 
 
 institution of proceedings 792 
 
 intervention 793 
 
 issue 'Of writ 793 
 
 judge, powers of 793 
 
 report of 794 
 
 judgment, enforcement of 796 
 
 on one or more writs 793 
 
 limitation of proceedings 795 
 
 new election, when 795 
 
 writ for 795 
 
 powers of judge 793 
 
 report of judge 794 
 
 rules of court'as to 796 
 
 return of writ 796 
 
 trial may be in chambers 795 
 
 validity of election of relator, when to be inquired into.. 793 
 
 witness fees 794 
 
 writ, issue and return 793 
 
 returning officer may be party 793 
 
 service 793 
 
 writ for new election ■ 795 
 
 corrupt practices at elections 791 
 
 defined 791 
 
 exception of lawful expenses 791 
 
 council, of whom to consist 778 
 
 continuance of existing 778 
 
 rights and obligations 777 
 
 councillor, disqualification 779 
 
 qualification 778 
 
 deputy returning officer 783 
 
 duties 785 
 
 , vote of 787 
 
 destruction of ballots • 790 
 
 disclaimer of office, controverted election 795 
 
 disqualified persons, list of 794 
 
 disqualification {See Mayor, Councillor) 779 
 
 election annual 781 
 
 expenses oC 790 
 
 notice of 782 
 
 when poll declared 783 
 
CVl • INDES 
 
 MUNICIPAL — "Continued. page 
 municipal organisation — Continued. 
 
 officers' oath • 782 
 
 withdrawal of candidate 783 
 
 nomination 782 
 
 poll 789 
 
 voting 784 
 
 (See Controverted Election) 792 
 
 existing councils continued 778 
 
 expenses of election ■' 790 
 
 fees, witness, controverted election 794 
 
 intervention 793 
 
 illiterates, marking of ballot 787 
 
 judge, powers of, controverted election 793 
 
 marking ballot 786 
 
 mayor, disqualification 779 
 
 qualification 779 
 
 nomination proceedings 782 
 
 consent of candidate in writing 783 
 
 declaration of poll 783 
 
 term of service of candidate 783 
 
 nonpayment of taxes, when disqualification 781 
 
 poll, agent of candidate at 783 
 
 ballot, vote by 784 
 
 booth for polling 785 
 
 close of proceedings at 788 
 
 conduct 783 
 
 declaration after nomination 783 
 
 directions for voting 784 
 
 final declaration and count 789 
 
 hours of 783 
 
 opening of, procedure 785 
 
 proceedings at 784 
 
 swearing voters 784 
 
 poll clerk, powers and duties of 784 
 
 voting by 787 
 
 qualification of mayor, reeve and councillor 778 
 
 report of judge (See Controverted Elections) 794 
 
 reeve, qualification 778 
 
 disqualification 779 
 
 returning officer, duties of 785 
 
 vote by 787 
 
 who may be 790 
 
 rights and obligations of municipalities 777 
 
 secretary treasurer, duties as to voters' list 785 
 
 may be returning officer 790 
 
 spoiled ballots , . 787 
 
 voter, duty to vote 787 
 
 marking ballot by 786 
 
 qualification 781 
 
 voters' list, application to be placed on 779 
 
 duties of secretary treasurer 785 
 
 marking of by deputy returning officer 786 
 
 removal from 780 
 
 voting at other places by agent, etc 787 
 
 ballot by 784 
 
 directions for i 784 
 
 evidence of 784 
 
 form of ballot 784 
 
 method of ' 786 
 
 more than one, penalty 784 
 
 naming of street, bylaws 807 
 
 nomination proceedings (See Municipal Organisation) 782 
 
 nonpayment of taxes (See Municipal Organisation) 781 
 
 notice of proposed tax (See Local Improvement) 846 
 
 nursery, mode of assessment (See Assessment) 816 
 
 oaths of voters, bylaws 843 
 
 occupant (See Interpretation) 776 
 
 officers (See Councils) 798 
 
 operating industries, bylaws for gg^ 
 
INDEX evil 
 
 MUNICIPAL — Continued. page 
 
 parks, bylaws 800 
 
 partnership property (See Assessment) 816 
 
 pawnshops, licensing S06 
 
 penal clauses {See Miscellaneous) 856 
 
 persons entitled to vote on bylaws creating debts 843 
 
 personal estate 776 
 
 petition for bylaw creating debt 840 
 
 places of amusement, licensing 802 
 
 planting trees, bylaws ...................[[...... 799 
 
 poll, municipal organisation 783 
 
 poll tax (See Assessment) 829 
 
 police, bylaw as to 799 
 
 poor relief, bylaw 799 
 
 prevention of abuses 799 
 
 children being on the street at night 804 
 
 cruelty 799 
 
 defacement of buildings 801 
 
 numbering of streets 801 
 
 fires 804 
 
 pollution of water supply 805 
 
 procedure, bylaws 806 
 
 property liable to taxation (See Assessment) * 8J3 
 
 public buildings, bylaw 800 
 
 health, bylaws 799 
 
 markets, bylaws 800 
 
 sales, bylaws 8<10 
 
 wells, bylaws 800 
 
 works, bylaws bOO 
 
 public works (See Councils) 799 
 
 publication of bylaw creating debts 843 
 
 purchase of nuisance ground, bylaw 804 
 
 qualification of mayor, etc. (See Council) 778 
 
 rural municipalities 875 
 
 quorum (See Council) 797 
 
 railway property, assessment of (See Assessment) 816 
 
 raising revenue, bylaws for 799 
 
 rates ^.^ee Assessment) '. 823 
 
 rebating taxation, bylaw 803 
 
 redemption (See Sale of Land for Taxes) 835 
 
 reeve, qualification 779 
 
 regulating assize of bread, bylaw 803 
 
 burial of dead 805 
 
 driving on bridges 801 
 
 streets 801 
 
 erection of wooden buildings 803 
 
 public buildings 800 
 
 railways, railway trains 806 
 
 sale of food 807 
 
 removal of dangerous buildings, bylaw 807 
 
 improper buildings, bylaw 804 
 
 obstructions, bylaw 806 
 
 report of judge (See Controverted Election) 794 
 
 resident (See Interpretation) 777 
 
 restraining running at large of animals, bylaw 808 ' 
 
 d03S 803 
 
 restricting limits of livprv stables 80S 
 
 returning oflBcer (See Municipal Organis3,tion) 785 
 
 (See Rural Municipalities) 875 
 
 revised assessment roll (See Interpretation) 777 
 
 rights and obligations of municipalities 777 
 
 road (See Interpretation) 777 
 
 road overseers 830 
 
 rural municipalities, incorporation of towns in 873 
 
 adiustment of assets and liabilities 876 
 
 arrears of taxes 876 
 
 assessment roll, copy to be provided 874 
 
 conditions of incorporation 873 
 
 area 873 
 
 population 8 ,■ J 
 
Cvii^ INDEX 
 
 MUNICIPAL — Continued. page 
 rural municipalities, etc. — Continued. 
 
 first election 875 
 
 lieutenant governor may order vote on question 873 
 
 mayor, qualification 875 
 
 notice of vote 873 
 
 contents of 8(4 
 
 question to be submitted 874 
 
 qualification of mayor and councillors 875 
 
 voters at election 875 
 
 on question 874 
 
 returning officer, who to be 875 
 
 certificate of result 874 
 
 , two-thirds vote on question 874 
 
 voters at first election, qualification 875 
 
 on question, qualification 876 
 
 vote on question of incorporation required 874 
 
 sale of land for taxes, part IV 832 
 
 adjournment of sale 833 
 
 advertisement and sale 832 
 
 contents 833 
 
 certificate to purchaser 834 
 
 costs to be added with notice of sale 833 
 
 of application for surplus 838 
 
 claimant for surplus, admission of validity 839 
 
 date of redemption .^ 835 
 
 sale 833 
 
 evidence of right to surplus 838 
 
 fees on application for surplus 838 
 
 invalid sale, liability of muicipality 837 
 
 liability of muicipality, invalid sale 837 
 
 limited 839 
 
 list of land in arrears 832 
 
 sold : 835 
 
 municipality, liability limited 839 
 
 sale to 836 
 
 nonredemption transfers 836 
 
 notice to purchaser after redemption 836 
 
 of sale 832 
 
 omitted lands, sale of 833 
 
 proceedings at sale ^ 834 
 
 purchaser, certificate to 834 
 
 failure to pay 834 ■ 
 
 notice to of redemption 836 
 
 rights of 835 
 
 cease on redemption 835 
 
 purchase money, payment of 834 
 
 redemption, date of 835 
 
 notice to purchaser 836 
 
 rights cease on 835 
 
 time for 835 
 
 surplus, claim for 837 
 
 tax sale fund, claim to surplus 837 
 
 of right ; ; . ; 838 
 
 pending suit, no forfeiture of surplus 839 
 
 validity of (admission) 839 
 
 tax sale, liability 839 
 
 transfer on nonredemption 836 
 
 owner's title 837 
 
 issue of '. , _ 836 
 
 prior claim 836 
 
 warrant for sale 832 
 
 scrutineers (See Bylaws creating debts) \ 843 
 
 (See Municipal Organisation) 783 
 
 secretary treasurer (See Council) 811 
 
 (See Municipal Organisation) ^785^ 790 
 
 selling on streets, bylaw ' ' . ' 8oo 
 
 sidewalks, bylaw 800 
 
 single tax (See Assessment) 822 
 
 special rate for debts (See Bylaws creating) .' .' §40 
 
 spoiled ballots (See Municipal Organisation) '. '_ '_ 757 
 
INDEX CIX 
 
 MUNICIPAL — Continued. p^be 
 
 storage of gunpowder, bylaws 801 
 
 suits and rights of action (See Village Erection into Towns) 871 
 
 taxes and taxation (See Assessment) 823 
 
 sale of land for 832 
 
 tax sale 832 
 
 term of office (See Municipal Organisation) 797 
 
 transfer (See Sale of Land for Taxes) 836 
 
 two-thirds vote on bylaw creating debts 840 
 
 use of firearms, bylaw 804 
 
 vacancy in council 811 
 
 villages, erection into towns ,. 868 
 
 census to ascertain if required population 868 
 
 elections confirmed 873 
 
 first election 869 
 
 declaration, penalty for false 870 
 
 returning officer 870 
 
 voters, disqualification 869 
 
 lands not in village, adding 869 
 
 liabilities continued 871 
 
 municipal ordinance, application of 869, 871 
 
 notice to be posted 869 
 
 overseer to deliver property 870 
 
 population necessary 869 
 
 proclamations ; 869 
 
 resolution of village 869 
 
 returning officer 871 
 
 suits and rights of action continued 871 
 
 taxes to be paid 871 
 
 village ordinance, partial application of (See Bylaws) .... 871 
 
 voter (See Municipal Organisation) 787 
 
 voters' list (See Municipal Organisation) 779 
 
 voting (See Municipal Organisation) 787 
 
 on bylaws creating debts 842 
 
 warrant for sale for taxes 632 
 
 water supply of, outside municipality 873 
 
 supply, bylaws 801 
 
 MUTUAL FIRE INSURANCE (1903, sess. 2, c. 21), 
 
 admission of members (nee Members) 883 
 
 annual meeting (See Meetings) 884 
 
 application of fire insurance ordinance to mutual fire insurance.. 893 
 
 applicant not a member (See Members) 884 
 
 appointment of officers by provisional directors, q.v 880 
 
 (See Board of Directors) 881 
 
 assiaument of property insured (See Property) -. . . 889 
 
 assessments, default in payment of, voidance of policy 890 
 
 ( 1 ) manner of 890 
 
 (2) notice of 890 
 
 ', 3 ) on premium notes 890 
 
 (4) pro rata 891 
 
 auditor to be appointed (See Officers) 885 
 
 board of directors 881 
 
 adoption of tariff of rates by o81 
 
 appointment of officers by 881 
 
 borrowing powers of 883 
 
 lending money by °°^ 
 
 manager not a member of »»^ 
 
 meeting of, expenses ^»^ 
 
 payment to • ■■ »»^ 
 
 regulations and bylaws, may make 883 
 
 shall manage property of company 882 
 
 travelling expenses • • ■ • • • • • • ' °=" 
 
 branches of department, vacancy how filled 892 
 
 expenses of °^^ 
 
 separate • °^^ 
 
 to keep business separate 88^ 
 
 bylaws requiring confirmation, power of board to make 880 
 
 cancellation of policy 888 
 
ex tNDE^x; 
 
 MUTUAL FIRE INSURANCE— (7o«fi«Me& page 
 
 casli premium insurance 889 
 
 certificate of incorporation (See Incorporation) 879 
 
 certified copy as evidence 879 
 
 filed 879 
 
 contracts, limits of time for 887 
 
 rislc 888 
 
 renewal of 888 
 
 validity of 888 
 
 company, stay of judgment against (See Miscellaneous) 893 
 
 winding up of 893 
 
 default in payment (See Assessments) 890 
 
 department ( See Branches) 892 
 
 directors, board of 881 
 
 failure of election of .' 881 
 
 first ; 881 
 
 failing a quorum 882 
 
 hold office for one year 882 
 
 manager may be 882 
 
 may exercise powers to attain objects of company 882 
 
 paid officers (other than manager) not eligible 882 
 
 provisional 880 
 
 to fill vacancy on board 883 
 
 evidence in suits (See Assessments) 891 
 
 fire insurance ordinance applies 893 
 
 tund I, See Reserve Fund) , 891 
 
 general meeting, first (See Meetings) 881 
 
 incorporation 879 
 
 certificate of agreement to form company 878 
 
 details of 878 
 
 one witness necessary 878 
 
 affidavit of 878 
 
 insurable property 887 
 
 minimum rate for 888 
 
 subjects of 887 
 
 interpretation 877 
 
 "member" ^ 878 
 
 "mutual fire insurance company" 878 
 
 "mutual insurance" 878 
 
 "premimum note" 878 
 
 "registrar" 878 
 
 judgment against company stayed 60 days (See Miscellaneous) . . 893 
 
 land, limit of right to hold (See Miscellaneous) 893 
 
 liability of members (See Incorporation; 879 
 
 (See Members) 884 
 
 loss on property amount of note may be retained (See Premium 
 
 notes) 891 
 
 manager may be a director 882 
 
 meeting, first general 884 
 
 meeting? of company 884 
 
 annual 884 
 
 first general 884 
 
 notice of 885 
 
 quorum at 885 
 
 special ..• 884 
 
 votes at 885 
 
 members (See Interpretation) 878 
 
 member, admission of 883 
 
 applicant not a 884 
 
 liability of 884 
 
 may withdraw 884 
 
 miscellaneous 893 
 
 fire insurance ordinance to apply to mutual fire insurance . . 893 
 
 judgment against company stayed 60 days 893 
 
 limit of rights to hold land 893 
 
 receiver to affect reinsurance if funds available 893 
 
 to file statement 893 
 
 moD--' lending to directors forbidden (See Board of Directors) .. 883 
 
 name of company (See Incorporation) 879 
 
INDBS CXI 
 
 MUTUAL FIRE msVRAiiCE— Continued. page 
 
 notes, premium (See Premium Notes) 889 
 
 oflScers and records 885 
 
 auditors to be appointed 885 
 
 records to be kept 885 
 
 treasurer, security by 885 
 
 paid, not eligible as directors 882 
 
 salaries prescribed by board of directors 881 
 
 payment of premium 889 
 
 by notes ' [[...[................ 889 
 
 in cash 889 
 
 default in 890 
 
 policy cancelled (See Cancellation) . . .... . .' ." . '. 888 
 
 holders under cash plan not as such members of company 892 
 
 short term in cash, plan 892 
 
 voidance of 890 
 
 powers of company 880 
 
 borrowing powers of 880 
 
 directors may exercise 880 
 
 forfeiture 880 
 
 premium notes (See Interpretation) 878 
 
 amount may be retained in case of loss to be given up after 
 
 term of contract 890 
 
 ( See Assessment) 
 
 (See Interpretation) 878 
 
 property, board to manage 881 
 
 insurable (See Insurable Property) 887 
 
 Insured, assignment of 889 
 
 loss on, amount may be retained where assignee is mortgagor 
 
 (See Premium Note) 891 
 
 rates, minimum {See Insurable Property) 888 
 
 tariff to be prepared by directors, q.v 881 
 
 received to effect reinsurance (See Miscellaneous) 893 
 
 to file statement 893 
 
 records, keeping of 8R5 
 
 officers and 885 
 
 registrar (See Interpretation) 878 
 
 returns to (See Returns) 886 
 
 regulations and bylaws, made by board of directors, q.v 881 
 
 reinsurance, receiver to effect where funds available 893 
 
 renewal of contracts 888 
 
 returns, details of , 886 
 
 special 887 
 
 to registrar, annually 886 
 
 right to hold land, limit of (See Miscellaneous) 893 
 
 salaries prescribed by board of directors 881 
 
 security to be given by treasurer 885 
 
 short title ^ °ll 
 
 tariff of rates (See Board of Directors) osi 
 
 validity of contract of mutual insurance 888 
 
 votes at meetings (See Meetings) ■■ ssb 
 
 withdrawal of member (See Members) »S4 
 
 NOTARIES PUBLIC (CO. 1898, c. 25), 
 
 appointment -L gg^ 
 
 fee for commission „ . 
 
 must be resident of territories »»* 
 
 powers, rights and profits 
 
 NOXIOUS W^^DS a903 se.^ 1 . 2J)^ ^^^^^^ ^^^^ ^^^^^^^^^ ^^^ 
 
 ert?"clrof tSs^ner. jfa facie evidence 7 
 
 destruction of weeds (See Weeds) »»o 
 
 disposal of grain containing weed seeds 897 
 
 for seed forbidden t ' '''a sqr 
 
 cleanings of grain containing weed seed 898 
 
 rlutv Of owner or occupant of lands «»° 
 
 evidence°^nma facie, certificate of commissioner 897 
 
GXll INDEX 
 
 NOXIOUS WEEDS — Continued. page 
 
 expenditure by inspector for destruction (See Procedure) 897 
 
 recoverable under local assessment 897 
 
 inspectors and officers 895 
 
 appointment of 895 
 
 may order destruction of weedy crop 896 
 
 interpretation „ 895 
 
 commissioner 895 
 
 department ; . . . . 895 
 
 inspector 895 
 
 occupant 895 
 
 owner 895 
 
 machines, threshing, to be cleaned before removal 898 
 
 occupant, duty of (/Sfee Duty) 895 
 
 officers, appointment of (See Inspectors) 895 
 
 owner, duty of (See Duty of Owner) 895 
 
 penalty for neglect to destroy 896 
 
 violation of ordinance 898 
 
 procedure, costs of, recovery of 897 
 
 certificate of commissioner prima facie evidence 897 
 
 unpaid amounts to be added to local assessment 897 
 
 for disregard of notice to destroy 897 
 
 repeal 898 
 
 short title * ' 895 
 
 violation of ordinance (See Penalties) 898 
 
 OBSERVANCE OP LORD'S DAY, 
 See Lord's Day Profanation. 
 
 OFFICIAL AUDITORS (1903, c. 15), 
 
 appointment 899 
 
 duties 899 
 
 fees 899 
 
 OFFICIAL GUARDIANS, 
 See Judicature. 
 
 ORDINANCES, 
 
 See Consolidated Ordinances 1898. 
 See Interpretation. 
 
 PARTNERSHIPS, REGISTRATION OP (CO. 1898, c. 45), 
 
 absent members of partnership to authorise present comembers to 
 
 sign declaration for them 900 
 
 authority to be filed 900 
 
 change in membership or style of partnei'ship or in places of resi- 
 dence of members to be filed 900 
 
 partnership deemed existent till new declaration filed 902 
 
 declaration of partnership for trading, manufacturing or mining 
 
 purpose to be filed 900 
 
 form • contents and caution 900 
 
 declaration of change in membership or style of partnership or in 
 
 place of residence of member to be filed 900 
 
 declaration, allegations' in, binding on person signing or other 
 
 actual member of the partnership 902 
 
 by individual using trade name to be filed 901 
 
 contents of • 901 
 
 liability of person signing 902 
 
 not signing though actually a member 902 
 
 of dissolution may be filed 902 
 
 to be filed within six months of assumption of trade name .... 901 
 
 dissolution,, declaration of , 902 
 
 fees for registration, etc 902 
 
 individual using trade name to file declaration within six months 
 
 of assumption of name 901 
 
 contents of declaration 900 
 
 liability of person signing declaration 902 
 
 not signing though actually a member 902 
 
 partnership for trading, manufacturing or mining purposes, decla- 
 ration to be filed 900 
 
INDEX cxiii 
 
 PARTNERSHIPS, REGISTRATION OF—Gontinued. page 
 
 partners' rights, interse i 902 
 
 penalty for nonregistration 901 
 
 registration books to be kept .............'...'/....... 901 
 
 firm index book ......'....'..'.' . . . . .. . 901 
 
 individual index book 901 
 
 relation of partners (See Amendment post) ..... .......'....'. . 
 
 PARTNERSHIPS, RELATION, RIGHTS AND LIABILITIES (1899, c. 7), 
 
 accountability of partners for private profits 912 
 
 accounts to be rendered by partners 912 
 
 acting partner, notice to, to be notice to firm 909 
 
 admissions and representations of partners as evidence 909 
 
 assignee, rights of, of share in partnership 912 
 
 business (See Interpretation) , 905 
 
 commencement of ordinance 920 
 
 consent of all parties necessary 'for variation of terms of partner- 
 ship 909 
 
 continuing guaranty, revocation of by change in firm 909 
 
 court (See Interpretation) 905 
 
 dissolution of partnership and its consequences 913 
 
 apportionment of premium, where dissolution premature .... 915 
 
 authority of partners continued for purposes of winding up . . 915 
 
 by court 914 
 
 death, assignment in trust or change 913 
 
 expiration of notice 913 
 
 illegality of partnership 913 
 
 distribution of assets on final settlement of accounts, rules for 916 
 
 for fraud or misrepresentation 915 
 
 retiring or deceased partner's share to be a debt on 916 
 
 rights of outgoing partner, in certain cases to share profits ' 
 
 made after 916 
 
 rights of partners as to application of iDartnership property.. 915 
 
 rules for distribution of assets on final settlement of accounts 916 
 
 effect of notice that firm will not be bound by acts of partner 907 
 
 existence of partnership, rules for determining 905 
 
 explusion of partner 911 
 
 firm, guaranty continuing, revoked by change in 909 
 
 liability of for wrongs 907 
 
 meaning of 90^ 
 
 misaDolication of money or property received for or in custody 
 
 of 908 
 
 name, meaning of 906 
 
 partner bound by acts on behalf of 907 
 
 competing with 912 
 
 using credit of for private purposes , 907 
 
 power of partner to bind • • • • ■ • 907 
 
 rights of persons dealing with against apparent members of . . 914 
 
 forms q, c 
 
 fraud, partnership dissolved for 3^» 
 
 guaranty continuing, revoked by change in firm 915 
 
 "holding out," persons liable by ^"^ 
 
 illegality of nartnership, dissolution by ;••••■: one 
 
 improper employment of trust property for partnership purposes. . 908 
 
 incoming partner, liability of • ""^ 
 
 Interests of partners, rules as to, subject to agreement 911 
 
 interpretation ...... 905 
 
 business ggg 
 
 iuds^ent debt of partner', ' procedure" against' partnership for . . 910 
 
 anrtem as partnership property to be treated as personal estate 910 
 
 Habilfty of incoming and outgoing partners 909 
 
 for wrongs, joint and several «^» 
 
 of firm for wrongs g^^ 
 
 "'"'alterations'S'matter' specifi'ed in' certificate deemed d'issolutlon ^^^ 
 
 of when 
 
CXiy INDEX 
 
 PARTNERSHIPS, ETC.— Continued. page 
 limited partnerships — Continued. 
 
 certificates of continuance 920 
 
 to be signed by persons desirous of forming 917 
 
 contents of 917 
 
 fees for filing and searching 918 
 
 form of : 918 
 
 to be filed 918 
 
 to be recorded 918 
 
 creditors preferred to special partners 919 
 
 firm name 919 
 
 general partners 917 
 
 liability of to action 919 
 
 liable to account 919 
 
 only to transact business, etc , 917 
 
 liability of general and special partners 917 
 
 may be formed 917 
 
 not formed until certificate filed "; 920 
 
 of whom to consist 917 
 
 premature dissolution not to take place without notice 920 
 
 restriction upon stock of special partners 919 
 
 sections 2-46 subject to special provisions regarding 920 
 
 special partners 917 
 
 creditors preferred to 917 
 
 liable to refund capital deficient on account of payments to- 919 
 
 privileges of 919 
 
 restrictions upon stock of 919 
 
 stock of special partners, restrictions upon 919 
 
 misapplication of money or property received for or in custody 
 
 of firm 908 
 
 misrepresentation, rights when partnership dissolved by 9lS 
 
 notice of dissolution 913 
 
 right of partner to give 914 
 
 to acting partner to be notice to firm 909 
 
 that firm will not be bound by acts of partner 907 
 
 outgoing partner, liability of 909 
 
 partner, acting, notice to, to be notice to firm 909 
 
 admission of representations of as evidence 909 
 
 assignment of 912 
 
 competing with firm 912 
 
 death of, dissolves firm 912 
 
 effect of notice that firm will not be bound by 907 
 
 explusion of 911 
 
 general (See Limited Partnerships) 917 
 
 improper employment of trust property by 980 
 
 incoming, liability of 909 
 
 liability of 907 
 
 for wrongs, joint and several 908 
 
 out'Toing and incoming 909 
 
 misapplication of money or property received for or in custody 
 
 of firm 908 
 
 notice of dissolution by 911 
 
 retirement by 911 
 
 outgoing, liability of 909 
 
 power of to bind firm 907 
 
 procedure against partnership property for separate judgment 
 
 debt of a 910 
 
 retirement of a, notice of 912 
 
 restrictions upon stock of special partners (See Limited Part- 
 nerships) 919 
 
 rights of outgoing partner to share profits made after dissolu- 
 tion 916 
 
 using credit of firm for private purposes 907 
 
 share of retiring or deceased to be a debt 916 
 
 special (See Limited Partnerships) 917 
 
 partnership, definition of 905 
 
 dissolution of 91 3 
 
 by court 91 4 
 
 death, assignment in trust or change 913 
 
INDEX CXV 
 
 PARTNERSHIPS, TUTC—Continued. page 
 partnership, definition of — Continued. 
 
 expiration of notice 913 
 
 illegality of partnership 913 
 
 rules for determining existence of 905 
 
 partnership property 909 
 
 rights of partners as to application of 925 
 
 private profits, accountability of partner for , 912 
 
 postponement of rights of person lending or selling in consideration 
 of share of profits in case of assignment for benefit 
 
 of creditors 90G 
 
 power of partner to bind firm 907 
 
 premium, apportionment of when partnership prematurely dis- 
 solved 915 
 
 procedure against partnership property for a partner's separate 
 
 judgment debt 910 
 
 property bought with partnership money 910 
 
 profits of business, receipt by person of share of prima facie evi- 
 dence of partnership 905 
 
 retiring or deceased partners' shares to be a debt 916 
 
 ^retirement from partnership at will 911 
 
 revocation of continuing guaranty by change of firm. ." 909 
 
 rights of assignee of share in partnership 912 
 
 outgoing partner in certain eases to share profits made after 
 
 dissolution 916 
 
 partners as to application of partnership property 915 
 
 to give notice of dissolution 914 
 
 persons dealing with firm against apparent members therof 914 
 lending or selling in consideration of share of profits, post- 
 ponement of in case of assignment for benefit of credi- 
 tors 906 
 
 when partnership dissolved for fraud or misrepresentation.. 915 
 rules for distributing assets on final rettlement of accounts .... 916 
 as to inte'-ests and duties of partners subject to special agree- 
 ment 911 
 
 for determining existence of partnership 905 
 
 settlement of accounts, final, rules for distribution of assets on . . 916 
 
 variation by consent of terms of partnership 909 
 
 PEDLERS, 
 
 See Auctioneers, Hawkers and Pedlers. 
 
 PENALTIES, 
 
 iSee Remission of Penalties. 
 
 PERSONAL PROPERTY, 
 See Bills of Sale. 
 See Conditional Sales of Goods. 
 See Factors and Agents. 
 See Married Women's Personal Property. 
 See Sale of Goods. 
 
 PHARMACEUTICAL ASSOCIATIONS (CO. 1898, c. 54), 
 
 branch drug business, a registered pharmaceutical chemist must he 
 
 employed in 927 
 
 bylaws, rules and regulations, council may make 924 
 
 may be amended, altered or repealed at annual meeting after 
 
 notice 924 
 
 certificate of registration . . ., 925 
 
 annual 925 
 
 couacil of the association 922 
 
 composition of 922 
 
 members of, election of 922 
 
 count of votes, persons entitled to be present at 923 
 
 equality of votes 923 
 
 persons elected 923 
 
 to be conducted by registrar 923 
 
 unregistered person ineligible 923 
 
CXVl INDEX 
 
 PHARMACEUTICAL ASSOCIATIONS— Continued. page 
 council of the association — Gontinued. 
 
 voter at, qualification of 923 
 
 entitled to vote for seven persons 923 
 
 > voting at, method of 923 
 
 term of office , 923 
 
 council, members of, resignation of ' 922 
 
 with general meeting, to have ■direction and management of 
 
 affairs of association 922 
 
 drugs, regulations respecting sale of 927 
 
 evidence of registration 927 
 
 examination of students 925 
 
 fees on, council to fix 925 
 
 rules for 925 
 
 subjects, council to prescribe 925 
 
 exemptions from operation of ordinance 927 
 
 fee for annual certificate to be fixed by council 925 
 
 nonpayment of, disqualifies from taking part in proceedings 
 
 of association 926 
 
 on examination of student, council to prescribe 925 
 
 meetings of association, annual general ' 922 
 
 with council to have direction and management of affairs of 
 
 association 922 
 
 special convening of 922 
 
 of council, voting at 923 
 
 mortgage by association 824 
 
 officers 923 
 
 election of, at first meeting after election of council 923 
 
 penalties for infraction of ordinance 927 
 
 pharmaceutical association constituted 921 
 
 powers of 922 
 
 chemist, carrying on branch drug business to employ a regis- 
 tered pharmaceutical chemist 927 
 
 disqualified from taking part in proceedings of association if 
 
 fees unpaid 926 
 
 executors, etc., of deceased may continue business while carried 
 
 on by a pharmaceutical chemist 928 
 
 or employees only, to compound prescriptions 927 
 
 registered person only to assume title of 927 
 
 physicians and surgeons exempted from operation of ordinance . . 927 
 may be registered as pharmaceutical chemists without exam- 
 ination 924 
 
 poison, declaration of 926 
 
 members of association only to sell 927 
 
 nonmembers of association selling, cannot recover charges.. 927 
 
 sale of, regulations respecting 926 
 
 what are to be deemed 926 
 
 prohibitions against nonmembers 927 
 
 property of association, control and management of 927 
 
 prosecutions, evidence 927 
 
 register, amendment or erasure of fraudulent or incorrect entry 
 
 upon 925 
 
 evidence of right to admission upon 925 
 
 persons entitled to be admitted upon 924 
 
 registrar to keep 924 
 
 removal from for improper conduct 927 
 
 registration, appeal from decision of registrar to the council 925 
 
 certificate of (See Registrar) 925 
 
 return by registrar to territorial secretary, when required 928 
 
 sale of poisons {See Poisons) 924 
 
 short title 921 
 
 titles, only members of the association may assume certain 927 
 
 PHYSICIANS AND SURGEONS, 
 See Medical Profession. 
 
 POLICE, 
 
 See Constables. 
 
 POLICE MAGISTRATES, 
 See Magistrates. 
 
INDEX CXVll 
 
 POLLUTION OF RUNNING STREAMS (CO. 1898, c. 86), page 
 
 banks of streams include lands within 50 feet of high water mark 931 
 
 depositing filth, carcases, etc., in stream, penalty 931 
 
 discharge of sewage waters from dwellings, etc., ordinance not 
 
 to affect 931 
 
 POUND DISTRICTS (CO. 1898, c. 79), 
 
 "animal" defined 932 
 
 to be counted estray in town or village pound district only. ..'. 932 
 
 bull, when to be counted estray 932 
 
 running at large in pound district to be dealt with" as a tres- 
 passer 934 
 
 "captor' defined 932 
 
 constable, proceedings by on behalf of proprietor authorised...'. 935 
 
 "department" defined 932 
 
 "distrainor" defined 932 
 
 "estray" defined 932 
 
 running at large of prohibited 934 
 
 liable to be impounded 934 
 
 may be impounded by a proprietor and dealt with as a tres- 
 passer 934 
 
 fees for inspection of pound book 937 
 
 for extract from pound book 937 
 
 to proprietor 943 
 
 to pound keeper 943 
 
 "fence, lawful," defined . . . . 932 
 
 lands of more proprietors than one enclosed by a common fence 936 
 owner of animal liable for damage though land not enclosed 
 
 by a 935 
 
 damage by trespasser upon land enclosed by 934 
 
 impounding stallions and bulls running at large in pound district 934 
 
 in unauthorised pound or place, penalty for 935 
 
 charges or damages not recoverable by person impounding 938 
 
 temporary, by proprietor 935 
 
 notice of to be given owner 935 
 
 duty and rights of proprietor 934 
 
 charges payable to pound keeper 93S 
 
 animal captured or distrained may be released before on pay- 
 ment of charges 938 
 
 animal captured or distrained to be detained by pound keeper 
 until charges, etc., paid or receipt of notice of justice's 
 
 decision 938 
 
 notice of by pound keeper to owner if known 938 
 
 impounding, notice of to be sent to department for insertion In 
 
 gazette 939 
 
 if owner unknown or if known and notified fails lo release 
 
 animal 93S 
 
 to be posted by pound keeper at pound 939 
 
 Inspector, proceedings by on behalf of proprietor authorised 935 
 
 interpretation 932 
 
 "justice" defined 932 
 
 "lawful fence" defined 932 
 
 "minister" defined 932 
 
 offences and penalties ;• \\- ■ v ■ ■ ^tr 
 
 overseer, proceedings by on behalf of proprietor authorised 935 
 
 "owner" defined ,■,■•■,•■■;■,••„ ^^?, 
 
 liable for damages though land not enclosed by lawful fence. . 936 
 complaint of to J.P. against person impounding animal .... 940 
 notice to pound keeper, deposit of damages, etc., and re- 
 lease of animal 940 
 
 how to be formulated 940 
 
 hearing of ^fO 
 
 common law, remedies of, saving as to 941 
 
 penalty for causing animal to trespass 943 
 
 destruction or injury, etc., to pound 943 
 
 illegal impounding ■ • 943 
 
 impounding in unauthorised pound or place 935 
 
 offences by pound keeper ■•■•.■■■■, ^*2 
 
 rescuing impounded or distrained animal 943 
 
CXVIU INDEX 
 
 POUND ruSTRlCTS— Continued. koE 
 
 pound book and copy of ordinance, pound keeper to keep 937 
 
 to be open to inspection of J.P. or member of N.W.M. police 
 
 without fee 937 
 
 to be open to inspection of any other person on payment of 
 
 a fee of ten cents 937 
 
 extracts from to be granted by pound Iveeper 937 
 
 fee for '. 937 
 
 pound keeper, appointment of 936 
 
 collection by of damages and charges in connection with 
 
 trespasser 938 
 
 defined 932 
 
 existing continued and subject to ordinance 933 
 
 impounding of trespasser by 942 
 
 notice in gazette or appointment or removal of, to be evidence 937 
 
 responsibility of for care of impounded animals 937 
 
 burden of proof on pound keeper 942 
 
 resnonsibility of to owner of impounded animals 937 
 
 retiring, eligihle for reappointment 936 
 
 returns by to minister when required 937 
 
 to Iteep pound clean and in repair 937 
 
 to provide impounded animals with sufficient food and water 
 
 etc 937 
 
 to receive and detain animals until damages and charges paid, 
 
 or receipt of notice of justice's decision 938 
 
 pound district, abolition of 933 
 
 boundaries of, alterations in, how to be made 933 
 
 defined 933 
 
 existing continued 933 
 
 notice in gazette of establishment or abolition of to be evidence 937 
 
 objections to, how to be made 933 
 
 organisation of 933 
 
 stallions and bulls running at large in, no procedure under 
 entire animals ordiance to be taken in resnect of, but 
 
 to he impounded and dealt with as trespassers 934 
 
 town and village, when animals to be counted strays in ... . 934 
 
 proprietor defined 934 
 
 impounding animals in unauthorised pound or place, penalty for 935 
 
 may claim damages by action in competent court 942 
 
 proceedings by inspector, constable or overseer, etc., on behalf 
 
 of authorised 935 
 
 responsibility of pound keeper (See Pound Keeper) 937 
 
 "run at lafje," "running at large" defined 932 
 
 sale of impounded animal failing release within 20 days of publica- 
 tion of notice 939 
 
 notice of to be posted 939 
 
 owner being known, when not to be sold 939 
 
 unknown, all to be sold 939 
 
 pound keeper to be auctioheer 939 
 
 not to have interest in 939 
 
 proceeds of, application of 939 
 
 balance of to be paid to minister and failing claim within 
 
 a year to form part of general revenue fund 940 
 
 report by pound keeper to department of result of sale, etc. . . 939 
 
 time and place of 939 
 
 short title 932 
 
 stallion running at large in pound district to be dealt with as a 
 
 trespasser 934 
 
 trespasser defined 932 
 
 damage to inclosed lands by 9oo 
 
 impounding of by pound keeper 942 
 
 statement to be delivered to pound keeper on 934 
 
 person in charge of, liable for damage done by 938 
 
 PRAIRIE AND FOREST FIRES (CO. 1898, c. 87), 
 
 actions at law preserved 949 
 
 branding and camp fires to he extinguished 947 
 
 fire guardians, appointment of 949 
 
 powers of 949 
 
INDEX Cxix 
 
 PEAIRIE AND FOREST FIRES— Gontinued. page 
 
 flres for guarding property or clearing land 947 
 
 Information, unnecessary to negative exemptions 949 
 
 local improvement overseers, fireguards liv 948 
 
 penalties for kindling fires, etc 946 
 
 railway companies burning to prevent escape of fire 947 
 
 short title 946 
 
 spring burning for clearing land 948 
 
 threshing engines, precautions to be taken in operation of ... . 949 
 
 PREFERENTIAL ASSIGNMENTS (CO. 189S, c. 42),' 
 
 assignments for benefit of creditors generally, ordinance not appli- 
 cable to 950 
 
 hona fide sales and payments, ordinance not applicable to 950 
 
 fraudulent and preferential assignments, etc., void as against credi- 
 tors whether made owing to pressure or not 950 
 
 PROFANATION OP LORD'S DAY, 
 See Lord's Day Profanation. 
 
 PROTECTION OP ANIMALS' FROM DOGS (CO. 1898, c. 82), 
 
 action for damages not barred 951 
 
 knowledge, proof of not necessary 951 
 
 owner, liability of 951 
 
 proceedings against 1 951 
 
 proof of, knowledge of unnecessary 951 
 
 proceedings against owner 951 
 
 when dog may be killed 951 
 
 PROTECTION OF GAME, 
 See Game Protection. 
 
 PUBLIC ACCOUNTS, 
 
 See Treasury Department "~ 
 
 PUBLIC ADMINISTRATION, 
 See Judicature. 
 
 PUBLIC HEALTH (1902, c. 4), 
 
 additional regulations by lieutenant governor in council 959 
 
 appointment of sanitary inspector or health officer 956 
 
 arrest of offenders (See Enforcement of Ordinance) 960 
 
 assault of health officer (See Penalties) 960 
 
 cities and towns to apijoint health officer 959 
 
 constables (.See Enforcement of Ordinance) 959 
 
 disease outside Territories, ingress from affected districts may be 
 
 prohibited 959 
 
 enforcement of ordinance 959 
 
 arrest of offenders 960 
 
 constables 959 
 
 expenditure under ordinance 959 
 
 payment of fees 959 
 
 for' necessary and urgent expenditure 959 
 
 forms to be supplied 959 
 
 health officer, appointment of 956 
 
 city or town to appoint 957 
 
 to report monthly 957 
 
 infected person to be isolated 955 , 
 
 interpretation 952 
 
 contagious or infectious diseases S^i 
 
 bouse ■ 952 
 
 infected 95^ 
 
 medical practitioner 95^ 
 
 minister yo^ 
 
 instruction by medical practitioner 955 
 
 medical practitioner, instructions by / ;: ' ' "*• Irl 
 
 to furnish tuberculous patient with- copy of directions 958 
 
 house proprietor with copy of directions 958 
 
 to inspect infected cases 955 
 
CXX . INBEX 
 
 PUBLIC HEAhTK— Continued. page 
 medical practitioner, instructions by — Continued. 
 
 to report cases In city limits forthwith 958 
 
 outside city limits 958 
 
 quarterly 958 
 
 mode of burial in certain cases 958 
 
 notice of disease to be afflxed to house 955 
 
 removal of (See Penalties) 955 
 
 offences defined 953 
 
 offenders, arrest of (See Enforcement of Ordinance) 960 
 
 orders of health officer, neglect to obey (See Penalties) 956, 960 
 
 penalty, for assaulting health oificer 960 
 
 destroying or removing notices 960 
 
 neglecting to obey orders of health officer 960 
 
 offences not provided for 960 
 
 precautions against contagion 953 
 
 penalty for evading 954 
 
 as to burial in certain cases 958 
 
 quarantine districts .■ 957 
 
 powers of health officer in 957 
 
 proclamation of 957 
 
 removal of persons from certain premises 955 
 
 repeal 960 
 
 report of tuberculosis 958 
 
 sanitary inspector (See Health Officer) 956 
 
 short title ' 952 
 
 towns to appoint health officer 957 
 
 tuberculosis, report of cases (See Medical Practitioner) 958 
 
 PUBLIC INQUIRIES, 
 
 See Inquiries Concerning Public Matters. 
 
 PUBLIC INSTRUCTION, 
 See StEools. 
 
 PUBLIC OFFICERS SECURITY, 
 
 See Security of Public Officers. 
 
 PUBLIC PRINTING (CO. 1898, c. 11), 
 
 advertisements, etc., in matters under control of legislative assem- 
 bly, to be published in the gazette 961 
 
 gazette, the North-West Territories, publication, conditions, charges 
 
 and subscription 961 
 
 government printer, appointment, salary and duties of 961 
 
 Queen's Printer, meaning of 962 
 
 PUBLIC SERVICE (CO. 1898, c. 5), 
 
 application of ordinance to public service 962 
 
 certain officers of supreme court 962 
 
 permanent employees of legislative assembly 962 
 
 appointments, acting head or officer, etc., powers and duties 964 
 
 how made 964 
 
 term of probation 964 
 
 clerk of executive council and certain other employees to take the 
 
 oath of secrecy 965 
 
 clerk of the legislative assembly, appointment and removal of.. 963 
 
 divisions of the public service 963 
 
 employees to take oaths of allegiance and office 965 
 
 extra clerical assistance and payment therefor 966 
 
 hours of attendance 966 
 
 interpretation, "employee," "department," "head" 962 
 
 leave of absence 967 
 
 management of departments 964 
 
 powers and duties of deputy in absence of head 964 
 
 no application for increase of salary to be made 967, 
 
 organisation of departments, division into branches, etc., 966 
 
 officials required and classification 966 
 
 precedence ^^■' 
 
 payment for extra services, none allowed 967 
 
 persons before whom oaths to be taken 965 
 
INDEX CXxi 
 
 PUBLIC L^^CVICE— Continued. p^oe 
 
 record of oaths 955 
 
 rules and regulations may be made '...'.'.... ..'...'..'.'..'. ...... ." 967 
 
 salaries ■ 9 g 5 
 
 short title 962 
 
 suspension of employees 967 
 
 ^^^, transfer of clerks from one department to another 967 
 
 PUBLIC WORKS' (1901, c. 4), " ~ '"' ' "" " 
 
 accounts, verification of, q.v 971 
 
 actions and suits, to be instituted by attorney general 973 
 
 administration and disposal of public lands 979 
 
 of department (See Organisation) 970 
 
 annual report of department 974 
 
 application of ordinance to works already begun (See Official Valua- 
 tion) 979 
 
 appointment of official valuators (See Official Valuators) 979 
 
 arbitration in compensation cases (See Lands) 977 
 
 attorney general, actions to be instituted by (See Actions) 970 
 
 bridges, crossed by engines (See Protection of Public Works) .. 98 3 
 
 damage to 9 83 
 
 traffic on 9 S 3 
 
 building, government, management of 970 
 
 chief engineer (See Interpretation) 968 
 
 closing of trails (See Surveys) 975 
 
 commissioner of public works (See Organisation) 970 
 
 may appoint inspector of ferries (See Inspection of Ferries) 981 
 
 may enter contract (See Contract) 972 
 
 meaning of (See Interpretation) 968 
 
 compensation for expropriated lands (See Lands) 977 
 
 conditions of license for ferries (See Perries) 9S0 
 
 construction (See Interpretation) 969 
 
 contracts y / 2 
 
 commissioner may enter 972 
 
 enure to his Majesty 973 
 
 not let to lowest bidder 973 
 
 security for performance of 973 
 
 tenders for 973 
 
 department (See Interpretation) 968 
 
 deputy commissioner (See Interpretation) .; 968 
 
 district surveyor and engineer (See Interpretation) 969 
 
 ditch or drain (See Interpretation) 969 
 
 drainage (See The Drainage Ordinance (1903, sess. 1, c. 6, sec. 
 
 35) 976 
 
 duties of department (See Organisation) 970 
 
 engineer (See Public WOrks District, Interpretation) .. , 974 
 
 fees to be paid to general revenue fund (See Penalties) '. 982 
 
 ferries, private 980 
 
 approaches to be kept in order 981 
 
 control of (See Organisation) 970 
 
 inspection of (See Inspection) 981 
 
 interference with licensed ferryman 981^ 
 
 license for ■' 980 
 
 to be posted up 980 
 
 to specify tolls, conditions 980 
 
 low water, provisions for • 981 
 
 mail not to be obstructed 980 
 
 not to injure ford 981 
 
 provision for low water 981 
 
 school children to be excluded from tolls 980 
 
 tolls, penalty for refusing to pay 980 
 
 school children excluded from 980 
 
 public : • • ■ 9S0 
 
 ferry or ferries (See Interpretation) 4/0 
 
 ferry, unlicensed, penalty for (See Penalties) .. .^ ......... . 982 
 
 ferryman, licensed, interference with rights of (See Ferries) .... 981 
 
 unlicensed (See Penalties) 982 
 
 ford, injury to by ferry ■/■JW;-'\ ; ^^^ 
 
 forms and regulations may be prescribed by lieutenant governor 983 
 
 general, copy of plans of lots to be filed in department 983 
 
 certification of 983 
 
eXXU INDEX 
 
 PUBLIC WORKS— Continued. page 
 general, copy of plans, etc. — Continued. 
 
 regulations and forms may be prescribed by lieutenant gov- 
 ernor in council ! . . . . .' 983 
 
 repeal '. 9S4 
 
 title of public streets, parks, ate, to be vested in crown 983 
 
 governmen*^ buildings, management of 970 
 
 highways, obstruction of (-See Protection of Public Works) 982 
 
 injury to public works (See- Penalties) • 982 
 
 interpretation 969 
 
 chief engineer 968 
 
 commissioner 968 
 
 construction 969 
 
 C apartment 968 
 
 deputy commissioner 968 
 
 district surveyor and engineer 969 
 
 ditch or drain 969 
 
 ferry or ferries 970 
 
 license 970 
 
 maintenance 969 
 
 ofBcial valuator 969 
 
 outlet 970 
 
 owner 970 
 
 person 970 
 
 liublic road 969 
 
 public works district 969 
 
 road allowance 969 
 
 surveyor 969 
 
 written or writing 969 
 
 inspection of ferries 981 
 
 lands required for public works 976 
 
 admininstration of , 976 
 
 application to judge, vesting lands in crown 976 
 
 compensation for 976 
 
 in case claim to increased 977 
 
 expropriation of 976 
 
 inspection and report of ofBcial valuators, q.v 979 
 
 opening of road on petition and payment of expenses 978 
 
 surveying and plans of, penalty for interference in 976 
 
 to be approved by chief engineer 976 
 
 letting of contracts (See Contracts) 973 
 
 license (See Interpretation) 970 
 
 violating terms of (See Penalties) 982 
 
 licensees, penalty for offences by (See Penalties) 982 
 
 licensed ferryman, interference with (See Ferries) 980 
 
 mails not to be obstructed (See Ferries) 981 
 
 maintenance (See Interpretation) 969 
 
 maps and plans, control of (See Organisation) 970 
 
 may be required by department (See Public Property) .... 972 
 
 offences by licensees (See Penalties) 982 
 
 official valuator (See interpretation) 970 
 
 official valuators, appointment of , 979 
 
 inspector and report of 979 
 
 suppression of and resistance to 979 
 
 opf^ning of roads (See Lands) 978 
 
 opposition to valuators (See Official Valuators) 979 
 
 organisation and duties of department 976 
 
 commissioner of public works 970 
 
 administration by 970 
 
 mana-^ement of government buildings 970 
 
 to control public works 970 
 
 ferries 970 
 
 maps and plans 970 
 
 public highways 970 
 
 outlet (See Interpretation) 970 
 
 owner (See Interpretation) 970 
 
 penalties, fees and bonuses to be paid to general revenue fund.. 982 
 
 for offences by licensees 982 
 
 ' damaees to bridges (See Protection of Public Works) 983 
 
 interference in public works (See Lands) 978 
 
 noncompliance with notice (isee Verification of Accounts) .. 971 
 
INDEX CXXlll 
 
 PUBLIC WORKS— GotUinued. page 
 penalties, fees and bonuses — Continiied. 
 
 obstruction of bridges (See Protection of Public Works) .. 983 
 
 refusing to pay toll (See Ferries) 980 
 
 unlicensed ferryman 982 
 
 violating terms of license 982 
 
 person (See Interpretation) 970 
 
 private ferries (See Ferries) 909 
 
 protection of public works 980 
 
 bridges, obstruction of 983 
 
 traffic on 983 
 
 use of by traction and other engines 983 
 
 injuring public works 982 
 
 obstructing public highway 982 
 
 provision for low water (See Ferries) 981 
 
 I iiblic ferries (See Ferries) 980 
 
 public property, may be sold by public auction where practicable 972 
 
 maps, documents may be required by department 972 
 
 other works may be declared property of the crown 972 
 
 public road (See Interpretation) 969 
 
 work (See Interpretation) 969 
 
 public works districts (See Interpretation) ...: 969 
 
 exploration of (See . Surveys) 974 
 
 surveys and engineers of 974 
 
 notice of appointment of 974 
 
 penalty for obstructing 974 
 
 witnesses 974 
 
 registration of lots, etc (See General) 983 
 
 regulations by lieutenant governor in council 983 
 
 remuneration of witnesses (See Verification of Accounts) 971 
 
 (See Public Works District) 974 
 
 repeal 984 
 
 report of department, annual 974 
 
 road allowance (See Interpretation) 969 
 
 roads, closing of (See Surveys) 875 
 
 opening of (See Lands) 978 
 
 sale of lands vested in crown 972 
 
 sale of public property (See Public Property) 972 
 
 security for performing contracts (See Contracts) 973 
 
 short title 968 
 
 suits (See Actions) 969 
 
 surveyors- (See Interpretation) 969 
 
 (See Public Works District) 969 
 
 surveys ^ ' 3 
 
 for public works 97o 
 
 manual of instructions 975 
 
 of old trails 975 
 
 alterations, location, wid1;h 975 
 
 roads, closing of , 975 
 
 tenders (See Contracts) • 
 
 trails, alteration of (See Surveys) , . . .v : 975 
 
 closing of (See Surveys) V-'-w; 975 
 
 tolls for ferries (See Ferries) 
 
 valuators, official ■ ■• °'^ 
 
 violation of licenses (See Penalties) .• a^^ 
 
 verification of accounts l'} 
 
 compelling attendance of witnesses 9^1 
 
 on oath •. ^'} 
 
 penalty for noncompliance with notice 9_^i 
 
 vesting orders (See Lands) ...........■■• J'b 
 
 written or writing (See Interpretation) 9b9 
 
 QUAKERS' MARRIAGES, 
 See Marriage. 
 
 QUARANTINE, 
 
 See Public Health. 
 
 RAILWA ^'gggggjj^gj^t of Railways. _ 
 
 See Stocji Injured by Railway Trams. 
 
CXXIV IxVDEX 
 
 REAL PROPERTY, PAGE 
 
 8ee Distress. 
 
 See Liens on Land for Taxes. 
 See Limitation of Actions. 
 See Religious Congregation-s. 
 See Tax Sales of Land. 
 See Taxes a Lien on Land. 
 See Tenancy in Common. 
 
 REGISTRATION OP BIRTHS, MARRIAGES AND DEATHS, 
 
 See v^it.-a Statistics. 
 
 REGISTRATION OP PARTNERSHIPS, 
 See Partnerships 
 
 RELIGIOUS SOCIETIES AND CONGREGATIONS (CO. 1898, c. 38), 
 
 annual statement by trustees selling or leasing land 985 
 
 borrowing, power of 985 
 
 conveyance to trustees void unless registered within one year. ... 986 
 
 indebtness may be secured by mortgage 986 
 
 judge's sanction to be obtained before transfer executed by 
 
 trustees 985, 987 
 
 land held in trust not to exceed 320 acres 985 
 
 . may be leased for 3 years 985 
 
 for 21 years with consent of society or congregation .... 985 
 
 not required may be sold 986 
 
 lease may contain covenant for renewal or for payment for im- 
 provements (See Land) 985 
 
 mortgage, indebtedness may be secured by 984 
 
 repayment of money borrowed may be secured by 984 
 
 Presbyterian congregation, resolution as to appointment of suc- 
 cessors to trustees not operative until assent of board 
 
 of management obtained 988 
 
 registration of transfer or conveyance to trustees to be affected 
 
 within one year 985 
 
 renewal, lease may contain covenant for ' 986 
 
 rent of land leased, trustees have powers of landlords for recovery 
 
 of 986 
 
 sale of land not required 984 
 
 society or congregation to be notified and judge's sanction ob- 
 tained before transfer executed 987 
 
 statement by trustees selling or leasing land, to be submitted an- 
 nually ' 985 
 
 transfer or conveyance to trustees void unless registered within 
 
 one year 986 
 
 by trustees of land not required, society or congregation to be 
 
 notified and judge's sanction obtained before execution 986 
 
 trustees, appointment of .... 984 
 
 have power of landlords for recovery of rent of lands leased 986 
 
 selling or leasing land, to submit annual statement 986 
 
 appointment of successors to 987 
 
 RENT, 
 
 See Distress for Rent. 
 
 REMISSION OP PENALTIES (1900, c, 9), 
 
 remissions, lieutenant governor in council may remit 988 
 
 statement of to be submitted to legislative assembly 988 
 
 SALES, 
 
 See Bills of Sale. 
 See Conditional Sales. 
 See Sale of Goods. 
 
 SALE OP GOODS (C 0. 1898, c. 39), 
 
 acceptance by buyer (See Part 111) 
 acquisition of goods (See Part I) 
 
INUEX CXXV 
 
 SALE OF GOODS— Continued. page 
 
 action for breach of contract (See Part V) 1004 
 
 remedies for buyer 1005 
 
 action for damages for breach of warranty 1006 
 
 nondelivery 1005 
 
 specific performance 1005 
 
 remedies for seller 1004 
 
 action for damages for nonacceptance 1005 
 
 interest 1005 
 
 price 1004 
 
 where goods are not appropriated 1005 
 
 action, meaning of (See Interpretation) 989 
 
 agreement to sell (See Formation of Contract) 990 
 
 at valuation (See Formation of Contract) 992 
 
 auction,' provisions for sale by (See Supplementary) 1007 
 
 bills of sale, enactments not affected (tiee Supplementary) .... 1007 
 
 buyer, meaning of (See Interpretation) 989 
 
 in possession, etc. (See Effects of the Contract) 997 
 
 capacity to buy and sell (See Formation of Contract) 990 
 
 carrier (See Delivery and Payment, Performance of Contract) . . 998 
 
 common law rules preserved (See Supplementary) 1007 
 
 concurrent conditioi\s (See Performance of Contract) 998 
 
 conditions of sale (>^ee Formation of Contract) 992 
 
 contingent acquisition of goods (See Formation of Contract) .... 991 
 
 contract of sale, meaning of {~^se Interpretation) 989 
 
 breach of (/bee Rights of Unpaid Seller) 1001 
 
 definition of (See Formation of Contract) 9a0 
 
 how made (See Formation of Contract) 991 
 
 future goods (See Formation of Contract) 991 
 
 » damages (See Remedies, Actions for Breach of Contract) 1005 
 
 definition of contract of sale. etc. (See Interpretation) 989 
 
 deliverable state, meanltfg of (See Interpretation) 989 
 
 delivery, meaning of (^jee Interpretation) 989 
 
 in part (See Rights of Unpaid Seller Against the Goods) . . 1002 
 
 description or sample conditions (See Formation of Contract) . . 994 
 
 disposition of goods (See Effects of the Contract) 995,997 
 
 distant delivery (See Performance of Contract) 1000 
 
 document of title to goods, meaning of (See Interpretation) .... 989 
 
 effects of contract, part II 995 
 
 transfer of property 995 
 
 passing of property 995 
 
 rules for ascertaining intention 995 
 
 timie of 99G 
 
 reservation of right of disposal 996 
 
 risk, prima facie passes with property 997 
 
 of title 997 
 
 buyer in possession, disposition by 997 
 
 mercantile agent, meaning of ^ 998 
 
 sale by person not owner 997 
 
 under voidable title , 997 
 
 seller in possiesslon after sale, further disposition 997 
 
 effect of lien (See Rights of Unpaid Seller) 1001 
 
 pledges (See Rights of Unpaid Seller) 1004 
 
 stoppage in transitu (See Rights of Unpaid Seller) 1004 
 
 subsale (See Rights of Unpaid Seller) 1004 
 
 enactment re bills of sale, not affected' by (See Supplementary) 1007 
 
 tenforcement of rights (See Supplementary) 1007 
 
 excessive quantitv delivered (See Performance of Contract) . . 999 
 
 exclusion of implied terms (See Supplementary) ' 1006 
 
 contracts as mortgages (Soe Supplementary) 
 
 existing goods (See Formation of Contract) 991 
 
 factor's ordinance (See Interpretation) 989 
 
 fault (See Interpretation) 989 
 
 fitness conditions of (See Formation of Contract) 
 
 formalities of contract (Se.e Formation of Contract) 991 
 
 formation of contract, part I 990 
 
 contract of sale 990 
 
 capacity to buy and sell 990 
 
SALE OF GOODS— Continued. Page 
 formation of contract — Continued. 
 
 definition of 989 
 
 necessaries to, incompetent persons, to be sold at reason- 
 able price 991 
 
 conditions and warranties 992 
 
 as to description or sample , 994 
 
 as to quality or fitness 994 
 
 as to titl<e 993 
 
 as to time, essence of contract, when 992 
 
 month 993 
 
 buyer may waive o" treat as warranties 993 
 
 on sale by sample 994 
 
 rights of buyer on sellter's nonperformance 1006 
 
 formalities of contract 991 
 
 contract of sale, how made 991 
 
 requisities for validity of sale for $50 or upwards 991 
 
 price, agreement of 992 
 
 ascertainment of 992 
 
 payment of, goods, delivered and acceptted 992 
 
 subject matter of contract 991 
 
 acquisition of goods on contingency 992 
 
 existing or future goods 991 
 
 goods perished after agreement but before sale 992 
 
 presient sale of future goods 991 
 
 goods, meaning of (See Interpretation) 989 
 
 perished (See Formation of Contracts) 992 
 
 incompetent persons, sale of goods to (See Formation of Contract) 990 
 
 insolvent persons (See Interpretation) '. 990 
 
 Inspection of goods (See Delivery aAd Payment, Performance of the • 
 
 contract) 1000 
 
 instalments of goods (See Delivery and Payment, Performancte of 
 
 the Contract) 989 
 
 interest (See Actions for Breach of Contract) 1005 
 
 insufficiency of goods (See Delivery and Payment, Performance 
 
 of the Contract) 999 
 
 intention, rules for ascertaining (See Effects of the Contract) . . 995 
 
 interpretation, action 989 
 
 buyer >>69 
 
 contract of sale 989 
 
 delivery 989 
 
 deliverable state, when goods in 989 
 
 document of title to goods ^89 
 
 factor's ordinance 989 
 
 fault 989 
 
 future goods 989 
 
 goods 989 
 
 good faith, act not done in 990 
 
 insolvent person, who deemed 990 
 
 month 993 
 
 necessaries > 991 
 
 property 990 
 
 quality of goods 990 
 
 sale 990 
 
 seller 990 
 
 specific goods 990 
 
 warranty 990 
 
 implied terms excluded (See Supplementary) 1006 
 
 law merchant, rules preserved (See Supplementary) j.007 
 
 liability of buyer refusing goods (See Performance of the Contract) 1001 
 
 lien, right of (See Rights of Unpaid Seller Against the Goods) . . loOl 
 
 merchant law, rules of preserved (See Supplementary) 1001 
 
 mixing of goods (See Delivery, Performance of Contract) 999 
 
 month ( See Interpretation) 983 
 
 necessaries (See Interpretation) 991 
 
 nonacceptance of goods (See Actions for Breach of Contract) .. 1005 
 
 nonappropriation of goods (See Actions for Breach of Contract).. 1005 
 
 nondelivery of goods (See Actions for Breach of Contract) 1005 
 
 nonperformance of contract (See Actions for Breach of Contract) 1005 
 
INBES CXXVll 
 
 SALE OP GOODS— Continued. page 
 
 payment v^ee Performance of Contract) 998 
 
 performance of contract, part III 998 
 
 delivery and payment concurrent conditions . . . . . . ' . . . . . . . . ' 998 
 
 rules 998 
 
 as to time and place 998 
 
 at distant place, buyers' risk 1000 
 
 by instalments 999 
 
 buyer not bound to return rejected goods 1000 
 
 buyer's right to inspect 1000 
 
 how far acceptance by buyer ' 1000 
 
 liability of buyer refusing 1001 
 
 of goods mixed with other goods 999 
 
 of insufficient or excessive quantity 999 
 
 to carrier 999 
 
 ■when in possession of third person 998 
 
 duties of buyer and seller 998 
 
 payment and delivery concurrent conditions 998 
 
 on delivery by instalment 999 
 
 rights of buyer to refuse delivery by instalment 989 
 
 possession of goods (See Effects of the Contract) 995 
 
 price (See Formation of the Contract and Actions for Breach of 
 
 Contract) 992 
 
 prima facie {See Effects of the Contract) 997 
 
 property (See Interpretation) 990 
 
 cualitv, conditions of (See Foi-matiou of Contract) 1 990 
 
 reasonable time (See Supplementary) 1007 
 
 remedies (See Actions for Breach of Contract) 1005 
 
 rights of buyer 1006 
 
 rights of unpaid seller against goods, part IV 1001 
 
 breach of contract 1001 
 
 rights of unpaid seller 1001 
 
 lien in case of part delivery 1002 
 
 termination of 1002 
 
 resale 1001 
 
 stoppage ill transitu 1001 
 
 withholding delivery 1001 
 
 resale by buyer or seller 1004 
 
 effect of subsale or pledge by buyer 1004 
 
 effect of lien or stoppage in transitu 1004 
 
 stoppage in transitu, how effected 1002 
 
 right of 1002 
 
 duration of transit 1003 
 
 unpaid seller defined 1001 
 
 sale, definition of (See Formation of Contract) 990 
 
 (See Interpretation) 990 
 
 by person not owner (See Effect of Contract) 997 
 
 sample (See Conditions, Formation of the Contract) .... 994 
 
 contract of, how made (See Formation of Contract) 991 
 
 "^under voidable title (See Effect of the Contract) 997 
 
 seller (See Interpretation) 990 
 
 seller's duties (See Performance of Contract) 998 
 
 ri-!hts (See Rights of Unpaid Seller) 1001 
 
 remedies (See Actions for Breach of Contract) 1005 
 
 seller unpaid (See Rights of Unpaid Seller) 1001 
 
 specific goods (See Interpretation) 990 
 
 performance (See Actions for Breach of Contract) 998 
 
 stoppage ■' transitu (See Rights of Unpaid Seller) 1002 
 
 subsale, effect of (See Rights of Unpaid Seller) loo4 
 
 supplementary, part VI 1006 
 
 breach of warranty alleged, payment of price into court 1007 
 
 contract intended as mortgages, etc., excluded 1008 
 
 enactments regarding bills of sale not affected 1007 
 
 enforcement of rights 1007 
 
 exclusion of implied terms and conditions 1006 
 
 provisions as to sale by auction 1007 
 
 reasonable time, question of fact 1007 
 
 rules of common law and law merchant preserved 1007 
 
 trans^'er of property (See Effects of the Contract) 995 
 
 title (See Effects of the Contract) 997 
 
CXXVIU I.NBES 
 
 SALE OF GOODS— Continued. page 
 
 title, transfer of (See Effects of the Contract) 997 
 
 unascertained goods (See Formation of Contract) 992 
 
 unpaid seller (See Rights of Unpaid Seller) 1001 
 
 validity of sale (See Formation of Contract) 991 
 
 valuation, agreement to sell at (See Formation of Contract) 992 
 
 not made (See Formation of Contract) 992 
 
 warranties (See Conditions, Formation of Contract) 990 
 
 warranty (See Interpretation) 990 
 
 breach of (See Supplementary) 1001 
 
 withholding delivery (See Rights of Unpaid Seller) 1001 
 
 SCHOOLS, 
 
 adjustment of assets and liabilities (alterations in limit of school 
 
 districts) 1021 
 
 administration of the department of education ....■'. 1010 
 
 alteration in limits of school districts 1020 
 
 adjustment of assets and liabilities 1021 
 
 alterations in boundaries 1020 
 
 security of debentures .' 1020 
 
 annual school meeting in rural and village districts 1022 
 
 acclamation 1026 
 
 ballot for election of trustees 1026 
 
 chairman presides 1023 
 
 ^and secretary 1023 
 
 chairman's vote 1023 
 
 contested elections in town and village districts ■. . 1028 
 
 in rural and village districts 1022 
 
 closing of poll 1026 
 
 false declaration, penalty for 1023 
 
 poll for election of trustees 1026 
 
 qualification of voters 1023 
 
 order of business 1024 
 
 public notice of 1023 
 
 ratepayer to sign declaration 1023 
 
 reports and statements for annual meeting 1024 
 
 statements and reports to be read at 1024 
 
 auditors luzo 
 
 inspector 1025 
 
 other statements 1025 
 
 tax collectors 1025 
 
 teacher's statement 1024 
 
 treasurer's statement 1025 
 
 trustees 1024 
 
 time and place of meeting 1022 
 
 annual school meeting in town districts 
 
 ballot for trustee 1027 
 
 list of ratepayers not in municipality 1027 
 
 municipal procedure to be followed 1027 
 
 notice to municipality '•'... 1027 
 
 objection to vote 102S 
 
 reports and statements for meeting 1028 
 
 return to department 1028 
 
 rural or village school districts 1027 
 
 separate school supporters 1027 
 
 time and place for 1027 
 
 apparatus and text books 1011 
 
 appeals, disputes and complaints, power of commissioner to settle 1011 
 
 application of penalties 1056 
 
 assessments of separate schools lOlS 
 
 assets and liabilities, adjustment of 1021 
 
 associations, teachers' 1052 
 
 audit, ill rural and village districts 1029 
 
 in town districts 1030 
 
 auditors' report and statements 1025 
 
 boa,rd, interpretation 1008 
 
 of trustees 1030 
 
 first 1030 
 
INDEX CXXIX 
 
 SCHOOLS — Continued. ■ paoe 
 
 board meetings, chairman pro tern, 1032 
 
 corporate acts 1031 
 
 how called 1031 
 
 motions 1031 
 
 notice 1031 
 
 one trustee not to act 103] 
 
 quorum 1031 
 
 regular meetings 1031 
 
 votes of trustees 1032 
 
 waiver of notice 1031 
 
 disqualification of trustees 1037 
 
 conviction for crime, etc 1037 
 
 interest in contract with incorporation .' 1037 
 
 duties of trustees and their officers 1032 
 
 admit standard I pupils 1033 
 
 appoint oflicers 1032 
 
 authorised texts 1033 
 
 books '. 1032 
 
 conduct of school 1033 
 
 disputes ; . 1034 
 
 drinking water 1032 
 
 duties of secretary treasurer 1035 
 
 engage teacher 1033 
 
 form of bond, trustees 1035 
 
 general 1034 
 
 indigent persons 1033 
 
 insurance 1033 
 
 keep cash book 1035 
 
 liability of trustees 1035 
 
 library / 1033 
 
 management of school 1033 
 
 minutes 1034 
 
 pay accounts 1035 
 
 prepare statement 1033 
 
 privies 1032 
 
 procure seal 1032 
 
 produce books and papers 1034 
 
 vouchers 1034 
 
 property ." 1034 
 
 receive school moneys 1035 
 
 records and accounts 1032 
 
 reference books and apparatus 1033 
 
 reports 1032 
 
 to department 1036 
 
 school accommodation 1032 
 
 grounds, buildings and equipment 1032 
 
 stable '. 1033 
 
 suspend or dismiss teacher 1033 
 
 expel pupils 1034 
 
 teachers' salaries i^^^ 
 
 treasurer's bond 10^^ 
 
 renewal of l"^° 
 
 truancy iUo4 
 
 iaif yearly and yearly returns 1036 
 
 liabilities of trustees ■•••■ |"^» 
 
 penalty for neglect to forward returns 10^ b 
 
 returns to department i"^o 
 
 number of members :J"^" 
 
 rural and village districts j"^" 
 
 town districts j-"g" 
 
 organisation of board . 
 
 appointment of officers J-"^" 
 
 declaration of office .■.■.■;;.'.■ 1030 
 
 salaries ^ noA 
 
 time of first meeting ^"^" 
 
 resignation of trustees ^^gg 
 
 notice of -in^n 
 
 trustees a body corporate f-^^^ 
 
 corporate name ., .„„ 
 
 books, text 
 
CSXX lA'DES 
 
 SCHOOLS — Continued. paqe 
 
 borrowing powers of district 
 
 by debenture 
 
 approval of commissioner 1042 
 
 ' authorisation by commissioner when no poll held 1039 
 
 closing of poll 1041 
 
 commissioner shall sign debentures 1041 
 
 complaints re conduct of poll 1041 
 
 copy of bylaw and notice for department 1040 
 
 corrupt practices 1042 
 
 date and form of debentures 1043 
 
 demand for poll •. 1039 
 
 for school site, buildings, etc 1038 
 
 interest 1043 
 
 limit of debentures 1043 
 
 notice of intention to borrow 1038 
 
 polling 1039 
 
 opening poll 1040 
 
 penalty for false declaration 1041 
 
 posting notice 1040 
 
 proceedings before justice of the peace 1041 
 
 essentially irregular 1042 
 
 record, refusal to take declaration ,. . . . 1041 
 
 registration of debentures 1044 
 
 return by justice of peace to department 1042 
 
 returning officer and poll clerk 1040 
 
 officer's returns to commissioner 1041 
 
 scrutineers 104O 
 
 security for costs 1042 
 
 term of debentures 1043 
 
 voters ■ 1040 
 
 declaration •. 1040 
 
 by note, for current expenses '. 1038 
 
 boundaries of public school districts 102O 
 
 alteration of 1020 
 
 cancellation of teacher's certificate 1012 
 
 chairman of annual school meeting 1023 
 
 children, conveyance of from one district to another 1053 
 
 children, education of nonresident 1053 
 
 classes, kindergarten 1047 
 
 night 104T 
 
 commissioner of education 1008 
 
 appeals, his power to settle 1011 
 
 complaints, his power to settle 1011 
 
 disputes, his power to settle 1011 
 
 formation of school district by 1016 
 
 interpretation 1008 
 
 official trustee 1011 
 
 powers of 1011 
 
 committee for erection of public school district 1013 
 
 complaints, power of commissioner to settle lOli 
 
 compulsory education 1047 
 
 attendance 1048 
 
 excuses to be accepted 1048 
 
 justice to investigate nonattendance 1048 
 
 schools to be open all the year 1047 
 
 six months 104T 
 
 trustees to lay complaints for nonattendance 1048 
 
 truancy 1048 
 
 regulations 1049 
 
 truant officer 1048 
 
 to lay complaints 1049 
 
 conditions necessary for erection of public school district 1013 
 
 conduct of schools 1045 
 
 fee for pupils above standard V 1045 
 
 free school 1045 
 
 hours, school hours and recess 1045 
 
 holidays 1046 
 
 kindergarten classes 104T 
 
INDEX CXXXl 
 
 SCHOOLS — Continued. p^ge 
 conduct of schools — Continued. 
 
 languages to be used 1046 
 
 English language compulsory 1046 
 
 other languages may be taught 1046 
 
 special rate for the purpose 1046 
 
 night classes 1047 
 
 religious instruction 1046 
 
 attendance not compulsory during religious exercise 1047 
 
 no pupil to be deprived of ordinary education 1047 
 
 religious instruction 1046 
 
 time for the Lord's Prayer 1047 
 
 school terms 1045 
 
 two terms 1045 
 
 vacation and holidays 1045 
 
 holidays 1046 
 
 summer and winter vacations 1045 
 
 confirmation of existing districts 1056 
 
 contested elections in town and village districts 1020 
 
 contracts, fulfilment of .- . . 1054 
 
 unauthorised 1055 
 
 conveyance of school children 1053 
 
 from one district to another 1053 
 
 agreement, boards for education of children of another 
 
 district , 1053 
 
 regulation for conveyance 1054 
 
 within the school district 1054 
 
 cost of ; 1054 
 
 correction of error in order 1061 
 
 council, educational 1012 
 
 interpretation 1008 
 
 debentures, borrowing powers of district by 1042 
 
 security of (alteration in limit's of school districts) 1020 
 
 declaration to be signed by ratepayer (annual school meeting) . . 1023 
 
 deferred school meetings 
 
 notice of and powers of later meeting 1029 
 
 provisions when prescribed meetings are called 1029 
 
 department, interpretation lOOS 
 
 of education 1010 
 
 administration 1010 
 
 functions 1010 
 
 organisation 1010 
 
 powers of the commissioner 1011 
 
 appeals, disputes and complaints 1011 
 
 cancellation of teacher's certificate 1012 
 
 official trustees, appointment 1011 
 
 plans for schools 1012 
 
 unorganised districts 1012 
 
 regulations of the department 1010 
 
 examination of teachers 1011 
 
 normal schools 1011 
 
 school buildings and grounds 1011 
 
 school libraries 1011 
 
 schools and courses of study 1011 
 
 teachers' institutes 1011 
 
 text books and apparatus 1011 
 
 •distribution of district property, wrongful 1055 
 
 dismissal of teacher 1049 
 
 disorganisation of school districts 102i 
 
 adjustment of assets and liabilities 1021 
 
 disputes, power of commissioner to settle 1011 
 
 disqualification of trustees 1037 
 
 district, borrowing powers of a, by debenture 1042 
 
 ' note 1038 
 
 confirmation of existing 1056 
 
 formation of 1013 
 
 interpretation 1008 
 
 unorganised, inquiry and report 1012 
 
 property, wrongful detention of 1055 
 
CXXXll INDEX 
 
 SCHOOLS — Oontinued. page 
 
 disturbing schools or meetings, penalty for 1055 
 
 duties of principal teacher 1052 
 
 teachers 1051 
 
 trustees and their officers '. 1032 
 
 duty, neglect of by official 1055 
 
 education, compulsory 1047 
 
 department of ; 1010 
 
 of nonresident children 1053 
 
 application for education of 1053 
 
 to have property assessed 1053 
 
 fees 1053 
 
 inspector's statement required 1053 
 
 resident children 1053 
 
 election in town or village district, contested 1020 
 
 of trustee for district schools erected by commissioner 1018 
 
 to fill vacancies of trustees 1037 
 
 engagement and dismissal of teacher 1049 
 
 educational council / 1012 
 
 meetings 1012 
 
 . members 1012 
 
 report of 1013 
 
 subjects for consideration 1013 
 
 term of office 1012 
 
 erection of school district by order of commissioner 1016 
 
 examination of teachers 1011 
 
 existing districts, confirmation of 1056 
 
 false report of school register 1055 
 
 fees, school ; 1045 
 
 fines, recovery of 1056 
 
 fulfilment of contracts 1054 
 
 formation of school district by commissioner 1016 
 
 election of trustees 1018 
 
 erection of district 1018 
 
 of public school district 1013 
 
 committee for erection of district . 1013 
 
 conditions necessary for erection of 1013 
 
 first school meeting, procedure and election of trustees 1013, 1015 
 
 special cases, other business permitted 1013 
 
 name of district 1015 
 
 order for erection of 1015 
 
 first board of trustees 1017 
 
 declaration of office 1017 
 
 organisation of board 101 S 
 
 term of office 1017 
 
 name of school district 1016 
 
 alteration of 1016 
 
 effect of change , 1016 
 
 order for erection of school district 1016 
 
 commissioner may order erection of district 1016 
 
 investigation of disputed elections, etc 1016 
 
 notice in official gazette 1016 
 
 forms (See Schedule) ' 1057 
 
 functions of the department of education 1010 
 
 half yearly returns, trustees 1036 
 
 holidays and vacations, school 1046 
 
 hours, school 1045 
 
 inspector, interpretation 1008 
 
 report and statement at annual school meeting 1024 
 
 institutes, teachers' 1052 
 
 interpretation 1008 
 
 board 1009 
 
 commissioner 1008 
 
 council 1008 
 
 department 1008 
 
 district 1008 
 
 inspector 1008 
 
 occupant 1010 
 
 owner lOlO 
 
INDEX cxxxni 
 
 SCHOOLS — Continued. ^^qe 
 
 interpretation — Continued. 
 
 ratepayer 1009 
 
 resident ratepayer 1009 
 
 rural district 1008 
 
 taxpayer 1010 
 
 teacher ; 1010 
 
 town district ' 1009 
 
 village .."..."."....... 1009 
 
 Inquiry into unorganised districts 1012 
 
 kindergarten schools 1047 
 
 language to be used at school 1046 
 
 liabilities and assets, adjustment of 1021 
 
 of separate school district, rights and 1019 
 
 liability of trustees 1035 
 
 libraries, school 1033 
 
 meeting, annual school 1022 
 
 meetings of board of trustees 1032 
 
 deferred, school ' 1012 
 
 educational council 1012 
 
 penalty for disturbing 1055 
 
 ratepayers (separate school) notice of 1019 
 
 special 1019 
 
 members of the' educational council 1012 
 
 term of ofl5ce 1012 
 
 miscellaneous ' 1056 
 
 confirmation of existing districts 1056 
 
 repeal of the subordinance 1056 
 
 town district may be declared village district 1056 
 
 name of school in public school district 1016 
 
 neglect of duty by official 1055 
 
 night classes 1047 
 
 nonresident children, education of 1053 
 
 normal schools 1011 
 
 note, borrowing powers of district by 1038 
 
 occupant, interpretation 1010 
 
 official, neglect of duty by ' 1055 
 
 trustees, commissioner's power to appoint '. . . 1011 
 
 officer, misconduct by returning 10&5 
 
 officers of trustees, their duties 1032 
 
 order for erection of public school 1018 
 
 not invalid because of informality 1061 
 
 organisation of board of trustees 1030 
 
 of the department of education 1010 
 
 owner, interpretation 1010 
 
 penalties and prohibitions 1054 
 
 application of 1056 
 
 disturbing school or meetings 1055 
 
 false report of register 1055 
 
 fulfilment of contracts 1054 
 
 liability of trustees 1055 
 
 misconduct of returning officer 1055 
 
 neglect of duty by official 1055 
 
 recovery of fines 1056 
 
 trustee cannot be teacher 1056 
 
 unauthorised contracts 1055 
 
 wrongful detention of property of district 1055 
 
 plans for schools 1012 
 
 petition for the erection of separate schools 1019 
 
 formation of public school district 1013 
 
 poll for formation of public school district 1014 
 
 powers of the commissioner of education 1011 
 
 prohibitions and penalties 1054 
 
 property of district, wrongful detention of 1055 
 
 qualification of teacher 1049 
 
 voters, annual school meeting 1023 
 
 separate schools 1019 
 
 rateiayer, interpretation 10Q9 
 
 resident, interpretation 1009 
 
CXXXIV INDEX 
 
 SCHOOLS — Continued. page 
 ratepayer, interpretation — Continued. 
 
 right to vote at first meeting to form a public school district.. 1015 
 
 special meetings of 1029 
 
 to sign declaratii n, at annual school meeting 1023 
 
 recovery of fines -. 1056 
 
 register, false report of school 1055 
 
 regulations of the department of education 1010 
 
 religious instruction at school 1046 
 
 resident ratepayer, interpretation 1009 
 
 resignation of trustees 1036 
 
 repeal of 1056 
 
 report of educational council 1013 
 
 upon unorganised districts 1012 
 
 reports, auditor's 1025 
 
 inspector .'. 1025 
 
 tax collector .' 1025 
 
 teacher 1024 
 
 treasurer 1025 
 
 trustees 1024 
 
 town trustees 1028 
 
 returning ofBcer, misconduct by 1055 
 
 rights and liabilities of separate school district 1019 
 
 rural district, annual school meeting 1022 
 
 board of trustees 1030 
 
 interpretation 1008 
 
 school site In 1019 
 
 school buildings and grounds 1011 
 
 children, conveyance of from one district to another 1053 
 
 districts, alteration In limits of 1020 
 
 disorganisation of 1021 
 
 rights and liabilities of separate 1019 
 
 union of public and separate 1022 
 
 formation of 1013 
 
 fees 1045 
 
 hours 1045 
 
 kindergarten classes 1047 
 
 language to be used in 1046 
 
 libraries 1011 
 
 meeting, annual 1022 
 
 night classes 1045 
 
 normal 1011 
 
 religious Instruction In 1046 
 
 register, false report of 1055 
 
 separate 1018 
 
 site, rural district 1019 
 
 town 1019 
 
 village 1019 
 
 terms 1045 
 
 vacation and holidays 1045 
 
 schools and course of study 1011 
 
 schools, conduct of 1045 
 
 penalty for disturbing 1055 
 
 secretary of annual school meeting 1020 
 
 security of debentures (alteration In limits of school district) . . 1020 
 
 separate schools 1018 
 
 assessment 1019 
 
 notice of ratepayers' meetings 1019 
 
 petition for erection 1019 
 
 qualification of voters 1019 
 
 rights and liabilities of districts 1019 
 
 subsequent proceedings 1019 
 
 short title, the school ordinance 1008 
 
 special meetings of ratepayers 1029 
 
 notice of and how called 1029 
 
 special meetings 1029 
 
 transaction limited to notice 1029 
 
 statements and reports to be read at annual school meeting . . . .1024, 1028 
 
 tax collector's report and stateme'nts (annual school meeting) . . 1025 
 
 taxpayer, interpretation , 1010 
 
INDEX CXXXV 
 
 SCnOOIjS—Continued. 
 
 teacher ^^^^ 
 
 duties of principal ..!!!..!!!!!!!.... 1052 
 
 principal and assistants 1052 
 
 of teacher .'.■.■.■.■.■.lOSO, 1052 
 
 arbour day 1051 
 
 attend meetings .[.'.. 1052 
 
 care of property .' ." .' .' ." 1051 
 
 contagious diseases ...........[. 1052 
 
 discipline 1051 
 
 give information re school '. '. 1052 
 
 give up property .....'.'..'. 1052 
 
 monthly reports 1051 
 
 needed repairs IO51 
 
 privies '.'..'.'.'.'.'.'.'.'.'.'. 1051 
 
 promotions 1051 
 
 public examinations 1051 
 
 register \\\ io51 
 
 returns to department 1052 
 
 saniatry condition of school room 1051 ' 
 
 suspend pupils 1052 
 
 teaching 1050 
 
 time table IO51 
 
 engagement and. dismissal , ] IO49 
 
 dismissed teacher may appeal 1050 
 
 forms of contract 1049 
 
 parties signed by 1049 
 
 teacher must be engaged at board meeting 1049 
 
 payment of 1050 
 
 every three months 1050 
 
 how to estimate teacher's salary 1050 
 
 payment of salary 1050 
 
 salary in case of sickness 1050 
 
 qualification 1049 
 
 trustees to engage qualified teachers 1049 
 
 I teachers' associations 1052 
 
 meetings subject to regulations 1052 
 
 teachers examination of 1011, 1013 
 
 institutes of 1011 
 
 interpretation 1010 
 
 reports and statements of annual school meetings 1024 
 
 r trustees cannot be 1056 
 
 term of office of members of education council 1012 
 
 first board of trustees 1017 
 
 school 1035 
 
 text books 1011 
 
 time and place of annual school meeting 1022 
 
 town district, interpretation .' 1009 
 
 may be declared village district 1056 
 
 school site in 1020 
 
 elections, contested 1028 
 
 treasurer's report and statements at annual meeting 1025 
 
 truancy 1048 
 
 trustee must not be teacher 1056 
 
 trustees (See Annual School Meeting) 1022 
 
 (See Board of Trustees) 1030 
 
 unauthorised contracts 1055 
 
 union of public and separate school districts 1022 
 
 unorganised districts, inquiry and report 1012 
 
 vacancies, trustees, election to fill 1037 
 
 vacation and holidays, school 1045 
 
 village district, annual school meeting 1022 
 
 interpretation 1009 
 
 school site In 1019 
 
 voters at annual school meeting, qualifications of 1023 
 
 for separate schools, qualifications of 1019 
 
 witness to ratepayers, declaration at annual school meeting .... 1023 
 
 wrongful detention of property of district 1055 
 
 yearly returns, trustees 1036 
 
CXXXVl IHDEX 
 
 SCHOOL ASSESSMENT (1901, c. 30 revised 1903, sess. 1, c. 21), page 
 
 appeal from court of revision 1074 
 
 allowance for costs 1076 
 
 appeal to judge of supreme court 1074 
 
 clerk of court 1074 
 
 correction of roll 1075 
 
 costs 1076 
 
 determination 1075 
 
 hearing of appeals 1075 
 
 instituting process 1075 
 
 judgment final '. . 1076 
 
 list of appeals, etc., to be posted 1075 
 
 for judge 1074 
 
 notice of appeals 1074 
 
 hearing appeals 1074 
 
 powers of judge i075 
 
 production of roll and papers to judge 1075 
 
 appendix of forms 1092, 1102 
 
 arrears of taxes 1078 
 
 collection of arrears 1079 
 
 copy of return to be filed 1078 
 
 distress for arrears 1079 
 
 inspection 1078 
 
 interest 1079 
 
 return of arrears 1078 
 
 of roll 1078 
 
 account 1078 
 
 verification 1078 
 
 taxes, special lien 1078 
 
 interest 1079 
 
 priority 1078 
 
 assessment and taxation in town districts 1086 
 
 where district in municipality 1086 
 
 portion of town district outside to be deemed within town 
 
 district 1087 
 
 property liable to assessment 1887 
 
 (See Village and Town Districts.) 
 
 assessment and taxation in village district 
 
 application of sections 26 to 87 1070 
 
 cash value 1071 
 
 roll 1063 
 
 open for inspection 1072 
 
 assessor may require statement -1072 
 
 completion of roll 1072 
 
 delivery of roll to secretary 1072 
 
 exemptions • 1070 
 
 occupant to be assessed 1071 
 
 omission to furnish 1072 
 
 penalty 1072 
 
 property assessable 1070 
 
 recovery of taxes 1071 
 
 right to waive exemption from taxation 1071 
 
 stock in trade 1071 
 
 verification of roll by assessor 1072 
 
 (See Village and Town Districts) 1087 
 
 assessment in rural districts 1062 
 
 alteration in roll 1065 
 
 application of sections 4 to 24 1065 
 
 appeal from assessment 1065 
 
 to judge 1065 
 
 roll 1063 
 
 when owner unknown 1063 
 
 copy of to be posted 1064 
 
 tax roll to be posted 1064 
 
 correction of error in 1064 
 
 date of posting may be noted on assessment roll 1066 
 
 on tax roll 1066 
 
 exemptions 1062 
 
INDEX CXXXVll 
 
 SCHOOL ASSESSMENT— aoMWMMetJ. *■ page 
 assesment in rural districts — Continued. 
 
 fraudulent notices 1064 
 
 minimum tax 1066 
 
 notice open to inspection 1064 
 
 to be continuing 1064 
 
 to person affected 1064 
 
 penalty 1064 
 
 rate to be struck 1065 
 
 rebate in taxes 1066 
 
 secretary to appear on appeal and produce roll, etc 1065 
 
 separate school district, assessment of joint owners 1063 
 
 company to be assessed as supporter 1063 
 
 tax notice to be sent 1063 
 
 roll 1065 
 
 to be delivered to treasurer 1065 
 
 taxes a lien 1066 
 
 assessor, interpretation 1062 
 
 trustees may be 1062 
 
 collection of taxes 1076 
 
 appropriation 1077 
 
 collector to name defaulters to board 1077 
 
 action thereon 1077 
 
 collector's notice 1077 
 
 roll 1076 
 
 contents 1076 
 
 disposition of surplus 107S 
 
 evidence, collector's roll 1078 
 
 levy by distress 1077 
 
 costs 1077 
 
 rebate in taxes 1076 
 
 receipt and entry of payment 1077 
 
 recovery of taxes as a debt 1078 
 
 sale of distrained property, procedure 1077 
 
 court of revision, adjournment of sitting 1073 
 
 amendment of whole roll 1074 
 
 appeal to court of revision 1073 
 
 complaint as to assessment of third party 1073 
 
 fixing date of court of revision 1072 
 
 hearing by 1073 
 
 notice of assessment 1073 
 
 to be given of appeal 1073 
 
 roll final when passed • 1074 
 
 executions against school districts 
 
 absence of treasurer or refusal to act 1090 
 
 sheriff's powers 1090 
 
 column in tax roll '. 1090 
 
 levy of rate 1090 
 
 return of precept 1090 
 
 surplus 1090 
 
 copy of writ and statement for treasurer 1089 
 
 direction to sheriff 1089 
 
 Indorsement of writ 1089 
 
 nonpayment, one month, sheriff to strike execution rate 1089 
 
 sheriff's precept to treasurer 1089 
 
 treasurer 1090 
 
 officer of court 1090 
 
 forms (fc'ee Appendix) 1092 
 
 illegal sales, liability of board 1084 
 
 school board's liability limited 1084 
 
 when title in crown 1084 
 
 interpretation 1062 
 
 assessor 1062 
 
 board 1062 
 
 commissioner 1062 
 
 secretary 1062 
 
 treasurer 1062 
 
 lien on land, taxes a special 1078 
 
CXXXVIU IHDEX 
 
 iCHOOL ASSESSMENT— Coni(i»Me(2. page 
 miscellaneous, commissioner may declare district a village or town 
 
 district ; 1088 
 
 lieutenant governor in council may adjust accounts between 
 
 municipality and rural and village schools 1089 
 
 separate school district 1088 
 
 assessment of owner 1088 
 
 rate of taxation 1076 
 
 limit 1076 
 
 to he struck ; 1076 
 
 recovery of taxes 1066 
 
 arrears, first charge on payment iu67 
 
 distress for taxes 1066 
 
 suit for taxes 1067 
 
 taxes paid to be entered on roll 1067 
 
 redemption of lands sold 
 
 on redemption, notice to purchaser 1083 
 
 purchaser's rights cease 1082 
 
 person not specially authorised redeeming 1082 
 
 sale to be as on date advertised 1082 
 
 return of unpaid taxes 1068 
 
 adjudication by judge 1068 
 
 application to judge for appointment for confirmation 1068 
 
 order vesting title in crown 1069 
 
 payment after appointment 1069 
 
 of taxes by commissioner after confirmation 1070 
 
 sale of land for taxes 
 
 adjournment of sale 1080 
 
 advertisement 1080 
 
 all lots saleable to be included 1080 
 
 omissions 1080 
 
 date and place of sale 1080 
 
 day an(j place of sale 1080 
 
 description of land 1080 
 
 hour of sale 1080 
 
 list of land for tax sale 1079 
 
 notice of tax sale to be published in gazette 1080 
 
 only listed lands to be sold 1079 
 
 proceedings at sale 1080 
 
 upset price 1081 
 
 publication of list 1079 
 
 contents 1079 
 
 purchaser failing to pay price 1081 
 
 rights of purchaser 1081 
 
 sale to board if no bidders 1081 
 
 statement of lands sold 1082 
 
 inspection of '. 1082 
 
 warrant to treasurer to sell 1079 
 
 when land sold for more than amount of taxes 1081 
 
 default by purchaser 1081 
 
 payment of purchase money 1081 
 
 treasurer to give certificate 1081 
 
 shoi-t title 1061 
 
 tax sales fund 
 
 claims on tax sales fund 1084 
 
 judge's order for payment 1085 
 
 procedure no proof of a claim 1085 
 
 claim to balance admits validity of sale 1085 
 
 costs of school board 1085 
 
 fees 1085 
 
 if tax sale questioned, surplus subject to order of court 1086 
 
 disposition by court 1086 
 
 lapse to board of unclaimed balances 1084 
 
 petition to judge 1085 
 
 evidence i"°" 
 
 payment into court 1085 
 
INDEX CXXXIX 
 
 SCHOOL ASSESSMENT— Continued. page 
 
 transfer in case of nonredemption 
 
 land not redeemed 1083 
 
 proviso 1083 
 
 transfer 1083 
 
 to board 1083 
 
 transfer exonerates land from prior charges 1083 
 
 village and town districts 1087 
 
 assessor to examine all notices 1088 
 
 assessment of joint owners 1087 
 
 notice to be continuing 1088 
 
 open to inspection 1088 
 
 fraudulent 1088 
 
 penalty 1088 
 
 proviso as to proportion of share of company held in district 1088 
 
 separate school district 1087 
 
 company may be assessed as supporter 1087 
 
 SCHOOL GRANTS (1901,, c. 31), 
 
 commencement 1108 
 
 computation of average 1107 
 
 district, each room to rank as a 1105 
 
 equipment added, grant for 1105 
 
 grant under clause 4, of no inspection 1107 
 
 grants for cases under section 165 of school ordinance 1107 
 
 to schools 1104 
 
 rural 1104 
 
 village and town 1105 
 
 various purposes 1105 
 
 interpretation 1104 
 
 maximum number of days 1105 
 
 minimum attendance 1105 
 
 payment under clause (a) 1105 
 
 not to exceed 70 per cent, of teacher's salary 1106 
 
 payable at end of each month 1106 
 
 of school year 1106 
 
 purchase of school library out of grant under clause 3 1107 
 
 rural school district 1104 
 
 school closed by reason of disease 1106 
 
 short title of ordinance 1104 
 
 special grant 1106 
 
 statements to be forwarded IIOJ 
 
 standard higher than V in towns and villages 1105 
 
 teachers attending convention 1106 
 
 town and village school district lJ04 
 
 Tillage school district ll"° 
 
 SECURITY OP PUBLIC OFFICERS (CO. 1898, c. 13), 
 
 affidavit of witness ^^^^ 
 
 of surety ixua 
 
 to be registered with security 1110 
 
 appointment, when voidable : •.; ^^JZ 
 
 bond, approval of by lieutenant governor m council 1108 
 
 attestation .. ^ nq 
 
 by whom to be given ^^^ . 
 
 certified copy as evidence ^^^^ 
 
 executed^by principal' and sureties' at 'diffiereni 'times,' 'tim'e for ^^^^ 
 
 registration • ' * ^^^'^ 
 
 form of 
 
 iS^S?^ i^or 'in Ve^isiraUon not 'to' ai^eci; liability' ! ! ! ! ! ! 1112 
 
 loss of and how remedied 
 
 new, when required • 
 
 of guarantee company ^^^2 
 
 registration of, after time ;'.'.!!!.'.'.*!! 1110 
 
 time for 
 
cxl 
 
 INDEX 
 
 SECURITY OP PUBLIC OFFICERS— Conttnued. page 
 
 certified copy as evidence 1110 
 
 fee for '. 1110 
 
 evidence of execution, etc., of bond, certified copy to be 1110 
 
 guarantee company, bond or policy 1113 
 
 acceptance of 1113 
 
 interim receipt 1113 
 
 indorsement on bond 
 
 principals and sureties failing to give security appointment void- 
 able, exception where surety lost 1110 
 
 list of, territorial secretary to keep 1110 
 
 omitting fo furnish new surety in place of surety dying, etc. , ' 
 
 appointment voidable 1111 
 
 register of bonds to be kept 1110 
 
 security, approval of by lieutenant governor in council 1109 
 
 by bond 1109 
 
 certified copy as evidence 1110 
 
 fee for 1110 
 
 failure to give 1110 
 
 lost, new to be furnished 1110 
 
 of principal and sureties executed at different times, time for 
 
 registration of 1112 
 
 registration of, after time 1112 
 
 time for 1110 
 
 time and manner of giving 1109 
 
 who to furnish 1108 
 
 sureties, aflidavit of 1109 
 
 and principals, list of, territorial secretary to keep 1110 
 
 death, insolvency or nonresidence of, notice to be given of. . . . 1111 
 
 penalty for default 1111 
 
 omission to furnish new, appointment voidable 1111 
 
 release of, after certain notice 1112 
 
 to justify 1109 
 
 withdrawal of 1111 
 
 SEDUCTION (1903, sess. 2, c. 8), 
 
 action maintainable by father or mother IIj-^ 
 
 proof of service 1117 
 
 dispensed with 1117 
 
 by other than father or mother 1118 
 
 where father or mother not residents of Territories 1118 
 
 brought by party seduced in her own name 1118 
 
 SERVANTS, 
 
 See Masters and Servants 
 
 SHE'EP, 
 
 See Protection of Animals from Dogs. 
 
 SHERIFFS AND DEPUTY SHERIFFS (CO. 1898, c. 23), 
 
 annual statement under oath to be returned to attorney general.. 1119 
 
 books and seal to be supplied out of general revenue fund 1120 
 
 records, etc., disposition in case of vacancy of oflSce 1120 
 
 ex-sheriff to have access to \\\\ 1120 
 
 penalty for refusing to give up possession .'. 1120 
 
 to be property of government 1120 
 
 to be kept open to public inspection [ 1119 
 
 custody of writs, enforcement of return ' ' 1123 
 
 processes of II23 
 
 to be restored to sherifE on demand ,1123 
 
 deputy sheriffs, appointment 'll24 
 
 books to be kept as kept by sheriffs \\ 1125 
 
 districts 1124 
 
 pending business to be completed in office where pending.... 1124 
 
 powers and duties II25 
 
 responsibility of sheriff for deputy ceases after security given 1125 
 
 seal to be duplicate of sheriff's seal II25 
 
INDEX Cxli 
 
 SHERIFFS AND DEPUTY SHERIFFS— OonfinwetZ. page 
 deputy sherifes, appointment — Continued. 
 
 security to be given 1125 
 
 may be proceeded upon 1125 
 
 to act in case of death, resignation or removal of sheriff 587 
 
 fee book to be kept 1119 
 
 inspection of offices '.'.'.'.!!]..!!".'..'.'.!'.. 1119 
 
 misconduct of bailee or constable 1122 
 
 misfeasance or default of sheriff, action on security 1121 
 
 levy under judgment upon security to be on sheriff's goods 
 
 first 1122 
 
 liability of sureties 1121 
 
 sheriff liable until successor takes office 1122 
 
 sheriff to be joint defendant 1121 
 
 stay of proceedings against security 1122 
 
 sureties liability limited 1121 
 
 when surety discharged from liability 1121 
 
 oaths of office and allegiance to be filed with clerk of executive 
 
 council 1124 
 
 taken 1124 
 
 oath of office 1124 
 
 office hours 1118 
 
 prohibition from practice as advocate while holding office 1125 
 
 seal of office 1119 
 
 security and oaths of office 1123 
 
 certified copy, prima facie evidence ,• . . 1124 
 
 copy to be filed in office of territorial secretary 1123 
 
 may be sued upon 1124 
 
 to be given by sheriff 1123 
 
 sheriff, etc., may not purchase at execution sales 1122 
 
 vacancy in office pending execution of writ 1120 
 
 successor to continue process ; 1121 
 
 sale of land, procedure • ' 1120 
 
 SLANDER OF "WOMEN (CO. 1898, c. 30), 
 
 Slander of females 1126 
 
 allegation or proof of special damage not necessary 1126 
 
 SOCIETIES, 
 
 See Associations. 
 
 See Benevolent and Other Societies 
 See Mechanics' and Literary Institutes. 
 See Religious Societies, Lands. 
 
 SOLEMNISATION OF MARRIAGE, 
 See Marriage. 
 
 STALLIONS AND BULLS, 
 See Entire Animals. 
 
 STEAM BOILERS (1901, c. 7), 
 
 boiler, hydrostatic tests for 1132 
 
 Inspected by insurance company, provision' of ordinance not 
 
 applicable to • 1130 
 
 Inspection of, annual 1129 
 
 certificate of 1129 
 
 operating without 1129 
 
 prima facie evidence of fitness 1129 
 
 production of 1129 
 
 during construction or repair 1130 
 
 inspector to have free access to 1130 
 
 refusal to assist inspector at 1130 
 
 owner to repair 1132 
 
 to report accidents 1131 
 
 operating without certificate (See Engineer aTso Penalties).. 1130 
 
 to be provided with fusible plug 1130 
 
 lock pop safety valve 1131 
 
 penalty for intereference with 1131 
 
 steam gauge 1130 
 
cxlii 
 
 IlfDEX 
 
 STEAM BOILERS— Continued. paae 
 boilers, hydrostatic tests for — Continued. 
 
 unsafe not to be used 1130 
 
 working pressure of 1132 
 
 certificate of inspection (See Inspector) 1129 
 
 construction, inspection during 1130 
 
 commissioner may cancel permit 1135 
 
 engineer, absence of certified, issue of permit 1135 
 
 appeal of candidate for, from inspector 1134 
 
 certificate of to be posted 1134 
 
 holding certificate of qualification, certificate to 1133 
 
 one year's service as assistant requisite 1135 
 
 operating without certificate or permit 1133 
 
 provisional certificate of 1133 
 
 certificate of holder of 1134 
 
 examination for certificate 1134 
 
 of holder of 1134 
 
 examination (See Engineers) 1134 
 
 fees, disposition of 1135 
 
 for permit 1135 
 
 forms and regulations 1135 
 
 hydrostatic tests for boilers 1135 
 
 inspection of boilers (See Boilers) 1128 
 
 inspector, appointment of , 1128 
 
 certificate of 1129 
 
 duties of in inspection 1151 
 
 may enter premises 1128 
 
 may examine on oath 1128 
 
 must not be pecuniarily interested 1128 
 
 must take oath of office 1128 
 
 obstruction of 1128 
 
 to keep record 1128 
 
 to report annually 1128 
 
 interpretation 1127 
 
 boiler 1127 
 
 certificate 1127 
 
 commissioner 1127 
 
 engineer 1127 
 
 Inspection certificate 1127 
 
 inspector 1127 
 
 owner 1127 
 
 person 1127 
 
 operating boiler without certificate (See Engineer) 1133 
 
 penalties 113S 
 
 provisional certificate of engineer 1133 
 
 permit, commissioner may cancel 1135 
 
 Issue of (See Engineer, Absence of) 1135 
 
 refusal to assist inspector (See Boilers) 1130 
 
 repairs, inspection during 1130 
 
 repeal 1136 
 
 short title 1127 
 
 STOCK INJURED BY RAILWAY TRAIN (CO. 1898, c. 83). 
 
 notice of stock killed or injured to be given station agent by train 
 
 conductor, etc. • 1136 
 
 by station agent to owner 1136 
 
 to be posted by station agent In station 1136 
 
 penalty for infringing provisions of ordinance 1136 
 
 STOCK INSPECTION (1899, c. 19), 
 
 annual returns (See Returns) 1139 
 
 brand (See Interpretation) !!!!..!!.'.'.'"! 1137 
 
 butcher's records !...!.'.!!!'! 1139 
 
 to keep record of cattle slaughtered ....!.!!!..'!!!! 1139 
 
 cattle slaughtered by butchers (See Butchers) !!......!!!! 1139 
 
 certificate of inspection improperly Issued (See Inspection) *.".'.*! 1138 
 
 commencement of ordinance ' " j jj^q 
 
 commissioner (See Interpretation) '. 1 .....'.'.'.*. '. 1137 
 
 returns (See Returns) . .- .............' 1139 
 
INDEX cxliii 
 
 STOCK INSPECTION— Conh-M«efZ. p^^j, 
 
 constables, inspectors have powers of 1137 
 
 departnaent (See Interpretation) . II37 
 
 deputy inspectors (See Inspectors) '.'.'..'.".... . '. . . '. '. '. '. ". '. ' '. lis? 
 
 fee (See Inspection) n 00 
 
 form (See Schedule) '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.['.'.'.'.['.'.'.'.'.'.'. 1140 
 
 hides of animals slaughtered hy others than butchers '!!!!."."!!! ! 1139 
 
 purchasers of, to keep records II39 
 
 records of purchasers '. II39 
 
 removal of 1139 
 
 to be kept ..........[..........[..[[[.. 1138 
 
 inspection of stock before shipment, production of memorandum 
 
 of sale dispensed with 113S 
 
 certificate of, improperly issued 1138 
 
 fee for 1138 
 
 memorandum of sale (See Inspection) 1138 
 
 cancellation of 1138 
 
 penalties 1140 
 
 records (See Butchers) 1139 
 
 of hides (See Hides) II39 
 
 repeal 1140 
 
 returns of inspector to commissioner 1139 
 
 right, of possession, evidence of (See Inspector) 1138 
 
 schedule 1140 
 
 short title 1137 
 
 slaughtered cattle (See Butcher) 1139 
 
 stock (See Interpretation) 1137 
 
 (See Inspection) 1138 
 
 STRAY ANIMALS (CO. 1898, c. 80), 
 
 animal defined 1141 
 
 cattle defined 1141 
 
 civil remedy of owner, saving as to 1141 
 
 expenses, dispute as to J.P. to determine 1143 
 
 for keep and advertising, what allowed 1142 
 
 finder refusing tender of lawful, forfeits claim, etc 114J 
 
 sale by J. P. failing payment of expenses and fee 1143 
 
 proceeds of, disposition 1144 
 
 balance forwarded to minister 1143 
 
 failing claim within one year to form part of general 
 
 revenue fund 1143 
 
 owner entitled to on tender of expenses incurred 1142 
 
 owner failing to remove animal or owner being unknown.... 
 notice to be sent to department and published in 
 
 gazette 1142, 1146 
 
 advertisement to be inserted 1142 
 
 cost of, finder to be reimbursed 1143 
 
 owner of, if known to be notified by finder and to remove 
 
 animal within ten days r 1141 
 
 unclaimed for six months, sale of by J.P. on application of 
 
 finder 1144 
 
 procedure at 1144 
 
 proceeds of, disposition of 1144 
 
 fees, finder \\f 
 
 justice ttJl 
 
 salesman ttj^ 
 
 owner, defined ti.^ 
 
 ?fght of Seizure under other' ordinance not impaired 1146 
 
 run at large, running at large, defined 1141 
 
 sheep defined ^^^^^ 
 
 short title 
 
 SUCCESSION DUTIES (1903, sess. 2, c. 5), 
 
 action before time for payment of duty II06 
 
 recovery of duties by ^j-^JJ 
 
 S'krS* to" deduci • duty- b^f oVe ' d;iiVVring •property "". i i i 1159 
 
 aggregate value 
 
Ljxliv 
 
 INDEX 
 
 SUCCESSION DVTI'ES— Continued. page 
 
 amount of duty 1152 
 
 annuities, etc 1152 
 
 appeal from appraisement or assessment 1156 
 
 appeals 1156 
 
 application , 1149 
 
 appraisement, appeal from 1156 
 
 of appraiser 1155 
 
 appraiser, appraisement of 1155 
 
 valuation by 1155 
 
 assessing property liable to duty, mode of 1155 
 
 assessment, appeal from 1156 
 
 certificate of discharge to be given by territorial treasurer 1158 
 
 not a discharge in case of fraud 1159 
 
 clerks of court, fees of 1160 
 
 commuting duties of future estate or interests 115T 
 
 contingent or future estate when no person is entitled to the present 
 
 enjoyment of 1157 
 
 court, fee of clerks of 1150 
 
 matters determinable by 1160 
 
 death declaration as to liability of property transferred before.. 1156 
 
 duties proviso 1156 
 
 of owner, duties to be payable within eighteen months il58 
 
 property, voluntarily transferred; in contemplation of 1151 
 
 voluntary dispositions within twelve months of '. . . 1151 
 
 debts, refunding duty upon subsequent payment of 1159 
 
 deceased was competent to dispose liable to duty property, of which 1152 
 
 declaration as to liability of property transferred before death.. 1156 
 
 dlscriptions (of property), not to affect general words particular 1152 
 
 discharge, certificate of to be given by territorial treasurer 1158 
 
 discharge, certificate not a, in case of fraud 1159 ' 
 
 diSDOsitions within twelve months from death, voluntary 1151 
 
 donation Is mortis causa 1151 
 
 dutiable value 1149 
 
 duties, communication of on future estate or interests 1157 
 
 extension of time for payment of 1158 
 
 proviso 1158 
 
 recovery of by action 1156 
 
 duties to be payable ■♦within eighteen months from the death of 
 
 owner 1158 
 
 duty, action before time for payment of 1156 
 
 administrator to deduct before delivery of property 1159 
 
 amount of 1152 
 
 ; extension of time for payment of 1159 
 
 mode of enforcing payment of 1160 • 
 
 assessing property liable to 1155 
 
 paid, foreign executors, etc., not to transfer stocks, etc., until 1160 
 
 before estate comes into possession 1157 
 
 power to sell for payment of 1159 
 
 refunding upon subsequent payment of debts 1159 
 
 to be paid to territorial treasurer 1159 
 
 when may be paid on future estate, etc 1157 
 
 enforcing payment of duty, mode of .^ 1160 
 
 enjoyment of future or contingent estate when a person Is entitled 
 
 to the present 1157 
 
 estate, commuting duty on future 1157 
 
 duty paid before it comes into possession 1157 
 
 future or contingent, when no person is entitled to the present 
 
 enjojTnent 1157 
 
 when duty may be paid on future 1157 
 
 executors, foreign, not to transfer stock, etc, until duty paid 1160 
 
 executors, etc.. to file inventory as bonds .". 1153 
 
 extension of time for payment of death duties 1158 
 
 duty 1159 
 
 fees of clerks of court 1160 
 
 foreign executors etc., not to transfer stock, etc., until duty paid 1160 
 
 fraud, certificate not a discharge in case of 1159 
 
INDEX Cxlv 
 
 SUCCESSION DJJTIES— Continued. page 
 
 or interests commuting duties on 1157 
 
 or contingent estate, when no person is entitled to the present 
 
 enjoyment of 1157 
 
 general words not to affect particular description of property 1152 
 
 Interests, commuting duties on future estate of 1157 
 
 interpretation 1X49 
 
 inventory, and bonds executors, etc., to hie ...... ..... ..... .... 1153 
 
 Judge 1150 
 
 liable to duty, property of which deceased was competent to dis- 
 pose 1158 
 
 liability of property transferred before death, declaration as to . . 1166 
 
 lieutenant governpr in council to make regulations 1160 
 
 limitations of actions • 1160 
 
 matters determinable by court 1156 
 
 mode of assessing property liable to duty 1155 
 
 enforcing payment of duty 1160 
 
 ordinance does not apply, to what 1150 
 
 succession duty 1149 
 
 owner, duties to be payable within eighteen months from death of 1158 
 property transferred by to himself or jointly wtih some other 
 
 person 1151 
 
 particular description (of property) not to affect general works. . 1152 
 
 payment of duty, action before 1156 
 
 extension of time for , 1159 
 
 mode of enforcing 1160 
 
 powers to sell for 1159 
 
 power to sell for payment of duty 1159 
 
 present enjoyment of a future or contingent estate when no person 
 
 is entitled to 1167 
 
 property, administrator to deduct duty before delivering 1159 
 
 in or out of the territories 1151 
 
 in respect of which estate liable is succession duty 1150 
 
 of which deceased was competent to dispose liable to duty . . 1152 
 
 liable to duty, mode of assessing , 1155 
 
 particular description not to affect general words 1152 
 
 passing under settlement 1151 
 
 transferred before death, declaration as to liability of 1156 
 
 transferred by owner to himself or jointly with some other 
 
 person 1151 
 
 voluntarily transferred in contemplation of death .,.. 1151 
 
 proviso for death duties 1158 
 
 recovery of duty by action 1156 
 
 refunding duty upon subsequent payment of debts 1159 
 
 regulations, lieutenant governor in council to make 1160 
 
 seal, power to, for paymet of duty 1159 
 
 settlement, property passing under 1151 
 
 short title, succession duty ordinance ' 1149 
 
 stocks, etc., not to be transferred by foreign executors, etc., until 
 
 duty paid • •■ U^O 
 
 succession duty o/dinance, property in respect of which estate 
 
 liable in short title -. 11*9 
 
 territorial treasurer, duty to be paid to 1159 
 
 to give certificate of discharge 115» 
 
 territories, property in or out of the. 1151 
 
 time for payment of death duties, extension 11B8 
 
 duty, action before ii^° 
 
 extension of .; ^^^ 
 
 to what ordinance does not apply • ■ ■ • • • • ■ ;• • ■ • ■ • ■ • • j-j-o^ 
 
 transferred before death, declaration as to liability of property.. 1156 
 
 by owner to himself or jointly with some other person, property 1151 
 
 in contemplation of death, property voluntarily •••••.•• 1151 
 
 treasurer, certificate of discharge to be given by territorial .... 1158 
 
 duty to be paid to territorial 1159 
 
 valuation, by appraiser iio» 
 
 value, aggregate ^^J? 
 
 dutiable , 11' " y y l^ iici 
 
 voluntarily dispositions within twelve months of death 1151 
 
 ^hen no person is entitled to the present enjoyment of a future 
 
 or contingent estate ' 1157 
 
cxlvi 
 
 I^'DEX 
 
 SUGAR FACTORIES, page 
 
 See Beet Sugar Factories. 
 
 SUNDAY, 
 
 See Profanation of the Lord's Day. 
 
 SUPPORT OF ILLEGITIMATE CHILDREX (1903, sess. 2, c. 9), ■ 
 
 action for maintenance 1161 
 
 against reputed father 1161 
 
 conditions precendent to 1161 
 
 evidence other than mother's, when required 1161 
 
 liability of father 1161 
 
 other remedies not affected 116i 
 
 SUPREME COURT, 
 See Judicature. 
 See Appendix North-West Territories Act. 
 
 SURGEONS, 
 
 See Medical Profession 
 See Veterinary Surgeons. 
 
 TAX SALES OF LAND, 
 
 See Confirmation or Tax Sales. 
 See Municipal. 
 See Real Property. 
 See Schools. 
 
 TAXES A LIEN ON LAND, 
 
 See Liens on Lands for Taxes. 
 See Real Property. 
 
 TAXATION, 
 
 See Assessment. 
 
 See Beet Sugar Factories. 
 
 See Irrigation Districts. 
 
 See Local Improvement. 
 
 See Municipal 
 
 See Railways. ' 
 
 See School Assessment. 
 
 See Villages. 
 
 TENANTS IN COMMON (CO. 1898, c. 37), 
 
 owners to hold as tenants in common unless intention otherwise . . 1163 
 
 TELEPHONE COMPANIES, 
 
 See "Water, Gas, Electric and Telephone Companias. 
 
 TERRITORIAL SECRETARY (CO. 1898, c. 7), 
 
 appointment of officers -and clerks 1164 
 
 fees 1164 
 
 organisation of department 1163 
 
 powers, duties and functions of territorial secretary 1163 
 
 short title 1162 
 
 territorial secretary to be registrar 1164 
 
 TERRITORIAL TREASURER, 
 
 See Treasury Department.- . 
 
 THRESHERS LIENS (CO. 1898, c. 60), 
 
 lien of thresher to have priority 1165 
 
 quantity and value of grain to be retained 1165 
 
 returns to department 1165 
 
 thresher entitled on finishing threshing to take grain to secure 
 
 payment 1165 
 
 TOBACCO. 
 
 See Use of Tobacco by Minors. 
 
INDEX cxlvii 
 
 TREASURY DEPARTMENT (CO. 1898, c. 10), page 
 
 account books (See Territorial Auditor) 1183 
 
 accounts against tlie government (See Territorial Auditor) 1179 
 
 treasurer and treasury department 1169 
 
 appointments and securities continued 1177 
 
 appropriations (See General Revenue Fund) 1177 
 
 assistants (See Territorial Auditor) 1179 
 
 attorney, general opinion (See Territorial Auditor) 1180 
 
 audit (See Territorial Auditor) 1183 
 
 auditor (See Treasury Board) 1172 
 
 (See Interpretation) 1166 
 
 balances to lapse, treasurer and treasury department 1170 
 
 books, keeping of record (See Territorial Auditor) 1178 
 
 books, property of crown (See Penalties) il75 
 
 books, collection and management of revenue 1168 
 
 board (See Interpretation) 1166 
 
 bond existing, continuance (See Miscellaneous) 1177 
 
 bribery (See Penalties) -. 1175 
 
 certificate of auditor (See Territorial Auditor) 1181 
 
 cheques (See Territorial Auditor) 1180 
 
 clerk of executive council to inform auditor of appointments .... 1182 
 
 collection and management of revenue » 
 
 books and ' accounts 1168 
 
 duties of ofiicers generally 1168 
 
 accounting for revenue llbJ 
 
 hours of attendance of officers 1168 
 
 oversight of officers 1168 
 
 payment of revenue , 1168 
 
 receipt of revenue 1169 
 
 revenue officers, appointment 1167 
 
 duties 1168 
 
 accounting of 1169 
 
 commission to take evidence (See Treasurer) 1173 
 
 default judgment against officer (See Penalties) 1174 
 
 department (See Interpretation) 1166 
 
 detention to be reported (See Territorial Auditor) 1183 
 
 difference between auditor and department 1182 
 
 duties of officers (See Collection and Management of Revenue) . . 1169 
 
 estimates (See Treasurer and Treasury Department) 1176 
 
 examination before treasury board 1173 
 
 under oath (See Miscellaneous) 1176 
 
 expenditure (See Territorial Auditor) 1178 
 
 (See Treasury Department) 1171 
 
 extraordinary circumstances (See Territorial Auditor) 1180 
 
 failure to account (See Penalties) 1174 
 
 fiscal year (See Treasurer and Treasury) 1170 
 
 general revenue fund 1167 
 
 appropriations, how made 1167 
 
 permanent charges against : 1167 
 
 revenues composing 11°7 
 
 hours for attendance of officers (See Ci-llection, etc.) 1168 
 
 illness or absence of member (See Treasury Board) 1172 
 
 inquiries under oath (See Miscellaneous) 1176 
 
 Interpretation, auditor 11°° 
 
 board ^]ll 
 
 department j^|i'^ 
 
 public revenue :ij^°° 
 
 revenue officer :[:[°° 
 
 treasurer j-ioo 
 
 investment of revenue (See Treasurer, etc.) 1171 
 
 legislature, report to (See Territorial Auditor) 1170 
 
 loss, liability for (See Penalty) 1175 
 
 malfeasance (See Penalty) • ■ ii ';f 
 
 member of executive council to preside 1167 
 
 member of executive council (See Treasury Department) 1170 
 
 minute book (See Treasury Board) 1172 
 
 miscellaneous provisions 1177 
 
 appointments to continue 1177 
 
cxlviii INDEX 
 
 TREASURY DEPARTMENT— Continued. page 
 miscellaneous provisions — Continued. 
 
 examination under oath 1176 
 
 bonds existing continued 1177 
 
 inquiries under oath 1176 
 
 penalties, attorney general to sue for 1176 
 
 mode of keeping accounts (See Treasurer) 1169 
 
 money received for specific purposes (See Penalties) 1175 
 
 monthly statement of revenue and expenditure 1183 
 
 objections of auditor, treasury board to decide 1181 
 
 officers to account 1182 
 
 organisation and functions of department 
 
 control and arrangement of revenue 1167 
 
 member of executive council to preside 1167 
 
 other remedies not affected (See Penalties) 1175 
 
 oversight of officer (See Collections) 1168 
 
 payment on certificate of auditor (See Territorial Auditor) .... 1181 
 
 payment of revenue (See Collection) 1168 
 
 penalties, attorney general to sue for 1176 
 
 penalties and remedies for malfeasance and default 
 
 acceptance of bribe by officer 1175 
 
 books, etc., property of crown 1174 
 
 default, judgment against officer 1174 
 
 failure to account, proceedings 1175 
 
 loss or malfeasance, liability for 1175 
 
 money received for specific purposes, liability for 1175 
 
 other remedies not affected 1175 
 
 permanent charge against general revenue fund 1167 
 
 progressive estimates (See Territorial Aditor) 1181 
 
 production of papers before treasury board 1173 
 
 public accounts VH^ 
 
 public revenue }}^o 
 
 reports of treasury board 1172 
 
 remission of fees and taxes 119° 
 
 regulations of treasury board 1172 
 
 rules of auditor ^^ ' ' 
 
 revenue (See General Revenue Fund) 1167 
 
 (See Collections) 1169 
 
 staff of department (See Treasury Department) 1169 
 
 territorial auditor, access to books 1183 
 
 appointment of •_• • 1177 
 
 accounts, auditor's examination 1179 
 
 department, examination 1178 
 
 method of examination 1179 
 
 other 
 
 re-examination ■ i iXo 
 
 rendering in duplicate 1178 
 
 report to legislature 1179 
 
 vouchers ,. J|^^ 
 
 assistants .....,........•••.-••••.•.•.**.■■•••••*••*••••'**• ^ 
 
 attorney general, opinion after refusal to certify 1180 
 
 books of record to be kept 1178 
 
 certificate of authority for expenditure lioi 
 
 cheques, countersigning 11°1 
 
 issue of ]]f 
 
 preparation of tri^^ 
 
 detention to be reported by ll»^ 
 
 difference between, and department ■ llo^ 
 
 expenditure to be checked by 1178 
 
 expenditure authorised by certificate of 1181 
 
 expenditure, monthly statement of 1183 
 
 extraordinary circumstances 1180 
 
 legislature, report of 1183 
 
 monthly statement of revene and expenditure 1183 
 
 objections by, treasury board to decide 1181 
 
 officers, to account to 1182 
 
 payment on certificate only 1181 
 
 progressive estimates ,•••••■ T \' V }}„l 
 
 receipts and expenditure to be checked by 1178 
 
INDEX Cxlix 
 
 TREASURY DEPARTMENT— CoraiiMwetJ. page 
 territorial auditor, access to hoolis—Contitiued. 
 
 rules, made by ,. „„ 
 
 rules, approval of treasury board .'.'.'...'.".'.'.".".'.'.'. 1177 
 
 treasurer, statement to 11 go 
 
 treasury board, approval of rules ..".'..'.'.'.'.".'.'.'."..'.'.".".'.'.".'. " 1177 
 
 treasury board, decides objection ... iiso 
 
 vouchers ■_■_"■■ ^Jijg 
 
 warrants, statement of special 1181 
 
 time for rendering accounts 1170 
 
 treasurer and treasury department .............. ..\.\.\ 1169 
 
 accounts !.!!.'! 1170 
 
 balances to lapse '.'.'..'.'...'.'..'.'.".. '. '. ! ' '. '. '. '. '. . '. '. 1170 
 
 estimates .'.'.'.'.'.'."..'..'.".'."'•"' 1170 
 
 estimate, contents of .'.!.!!!!!!!!!!.".'.'.!'."' 1170 
 
 expenditure of cheque i ........................ 1171 
 
 fiscal year '.'.'..'.'.'.'..'.'.'.'.'.'.'...'.'. 1170 
 
 investment of revenue .V. ..... ..... . ......... . 1171 
 
 mode of keeping accounts .'.'.'.'.'.".'.".".'.'.'.".'.' 1170 
 
 member of executive council, powers given '. 1169 
 
 public accounts .'.'.'.'.' 1170 
 
 returns by institutions .....'.'...'..'.'.'.'.'.'. 1171 
 
 municipalities 1171 
 
 how made 1171 
 
 staff of department !...!!! 1169 
 
 time of rendering accounts '. 1170 
 
 vouchers (See Territorial Aifditor) 1178 
 
 warrants (See Territorial Auditor) 1181 
 
 witnesses failing to attend before treasury board 1173 
 
 treasury board, etc., powers and duties ...; 1172 
 
 audit (See Territorial Auditor) 1172 
 
 commission to take evidence II73 
 
 commissioner, appointment II73 
 
 powers 1173 
 
 composition of 1172 
 
 examination before 1173 
 
 illness or absence of member 1172 
 
 minute book 1172 
 
 production of papers 1173 
 
 regulations of 1172 
 
 reports of 1172 
 
 witness, failing to attend, penalty 1173 
 
 TRUST COMPANIES (3 903, sess. 1, c. 15), 
 
 affairs of company, investigation of 1185 
 
 appointment of company as trustees 1184 
 
 companies, powers which may be given as trust 1184 
 
 trust, not to Issue debentures 1186 
 
 company acting as trustee, liability of 1185 
 
 appointment of as trustee, etc 1184 
 
 deposit with, of money paid into court 1185 
 
 Investigation of affairs of 1185 
 
 not to be appointed guardian of infant or lunatic 1184 
 
 compliance with ordinance necessary 1184 
 
 court, deposit with company of money paid into 1185 
 
 debentures, trust companies not to issue 1186 
 
 deposit with company of money paid into court 1185 
 
 guardian of infant or lunatic, company not to be appointed 1184 
 
 infant or lunatic, company not to be appointed guardian 1184 
 
 investigation of affairs of company 1185 
 
 liability of company acting as trustee 1185 
 
 lunatic, company not to be appointed as guardian 1184 
 
 money paid Into court, deposit with company of 1185 
 
 powers may be given to trust companies 1184 
 
 short title 1184 
 
 trust companies, meaning of HB4 
 
 not to issue debentures 1186 
 
 powers which may be given to 1184 
 
 trustee, etc., appointment of company as 1184' 
 
 liability of company acting as II85 
 
el 
 
 INDEX 
 
 TRUSTEES (1903, sess. 2, c. 4), page 
 
 accounts of judicial trustees (See Judicial Trustees) 1207 
 
 action for torts (See Rights and Liabilities of Executors and 
 
 Administrators) 1199 
 
 actions, limitation of, q.v 1206 
 
 administrators and executors, rights and liability, q.v 1199 
 
 agents, appointment of (See Various Powers and Liabilities) .. 1199 
 
 allowance to trustees 1205 
 
 fixed by instrument of trust 1206 
 
 in compensation 1205 
 
 in present and future trusts 1205 
 
 judge may order 1205 
 
 when advocates 1206 
 
 application of income of property held in trust (See Maintenance 
 
 of infants) 1196 
 
 moneys from realised property (See Maintenance of Infants) 1196 
 
 ordinance to all trusts 1188 
 
 appointment of agents (See Various Powers and Liabilities) .... 1194 
 
 new trustees (See Rights and Liabilities of) 1190 
 
 trustees of court (See Judicial Trustees) 1207 
 
 arrears, distraint for (See Rights and Liabilities of Executors and 
 
 Administrators) 1194 
 
 assets, proceeds, distribution of (See Maintenance of Infants) .... 1197 
 
 breach of trusts (See Investments) 1189 
 
 various powers and liabilities 1194 
 
 at instigation of beneficiary (See Various Powers and Liabil- 
 ities) 1195 
 
 technical relief of trustees (See Payment into Court) 1198 
 
 beneficiary, breach of trust, at instigation of (See Various Powers 
 
 and Liabilities) 1195 
 
 conditions of sale, depreciatory (See Purchase and Sale) 1193 
 
 contractors, representation of, liable (See Rights and Liabilities 
 
 of Executors and Administrators) 1120 
 
 conveyance of married women (See Purchase and Sale) 1193 
 
 covenant, leases, liability of executors and administrators to (See 
 
 Rights of Executors and Administrators) 1204 
 
 damages in actions (See Rights and Liabilities of Executors and 
 
 Administrators) 1199 
 
 debts of testator to be paid pari passu (See Rights and Liabilities 
 
 of Executors and Administrators) 1202 
 
 deficiency, debts paid pari passu (See Rights and Liabilities of 
 
 Executors and Administrators) 1202 
 
 distraint for arrears of rent due deceased landlord 1199 
 
 distribution of assets, proceeds (See Maintenance of Infants) .... 1197^ 
 estate in fee simple to vest in personal representatives (See Pur- 
 chase and Sale) 1193 
 
 executor and administrator, rights and liabilites of, q.v 1199 
 
 and trustee, power to compound (See Various Powers and 
 
 Liabilties) 1195 
 
 exoneration of (See Various Powers and Liabilities) .... 1194 
 
 Impeachment of sale (See Purchase and Sales) 1193 
 
 infants, maintenance of (See Maintenance of Infants) 1196 
 
 insufficient security (See Ivestments) 1189 
 
 Insurance of trust property (See Various Powers and Liabilities).. 1199 
 
 intrepretatlon, trustee 1187 
 
 Investments and change of Investment 1188 
 
 additional powers of, conditional 1188 
 
 loaning on insufficient security 1189 
 
 more than authorised 1189 
 
 liability of trustee 1189 
 
 may invest in certain security 1188 
 
 judicial trustees , 1207 
 
 accounts of 1207 
 
 appointment of, in power of court 1207 
 
 leases, covenant liability of executors and administrators in (See 
 Rights and Liabilities of Executors and Administra- 
 tors) 1188 
 
INDEX Cli 
 
 TRUSTEES' — Continued. page 
 
 liability of trustees (See Inyestments) 1188 
 
 (See Purchase and Sale) 1204 
 
 (See Rights) 1192 
 
 (/See Various Powers and Liabilities) 
 
 of executors and administrators (See Rights and Liabilities 
 
 of Executors and Administrators) 1190 
 
 of representatives of contractors (See Rights and Liabilities 
 
 of Executors and Administrators) 1200 
 
 limitation of actions 1206 
 
 maintenance of infants 1196 
 
 application of income of 1196 
 
 distribution of assets under trust 1197 
 
 sales by leave of judges, application of proceeds 1197 
 
 payment into court by trustees 1198 
 
 certificate of officer effectual discharge 1198 
 
 may only make in case of disagreement 1198 
 
 technical breach of trust, relief of trustees 119S 
 
 powers of sale (See Rights and Liabilities of Executors and Ad- 
 ministrators) 1188 
 
 powers of trustees (See Investments) 1188 
 
 (See Rights) 1192 
 
 (See Various Powers and Liabilities) 1194 
 
 property of trust, insurance of (See Various Powers and Liabilities 1194 
 
 purchase and sale 1193 
 
 estate of, in fee simple, to vest in representatives 1193 
 
 impeachment of 1193 
 
 may sell by auction subject to interest of trust 1193 
 
 married woman as bare trustee 
 
 sale by under depreciatory conditions 1193 
 
 rents, charge, etc., liability of trustees in respect of (See Rights 
 
 and Liabilities of Executors and Administrators) .... 1204 
 
 rights and liabilities of executors and administrators 1199 
 
 action against for torts and injury 1199 
 
 by for torts and injury 
 
 damages in 1199 
 
 conveyances by 1199 
 
 distress by 1 1199 
 
 duties and liabilities of 1199 
 
 execution when being exercised, powers of sale 1200 
 
 liability of action under power, in respect of covenants 1202 
 
 may distrain for arrears 1199 
 
 powers of, vested in survivor 1201 
 
 purchaser not bound to exercise 1201 
 
 representative of contractors liable 1200 
 
 sale or mortgage for payment of testator's debt 1200 
 
 by trustee 1200 
 
 by devisee 1200 
 
 action for debt to be brought within a certain time, with- 
 drawal of 1203 
 
 debts to be paid pari passu in cases of deficiency 1202 
 
 sale, power of, may be exercised by administrator 1201 
 
 executor 1201 
 
 f\p iriistGGs ••••• ■ xi-csy 
 
 appointment of new trustees 1190 
 
 increase of number ■ H'SO 
 
 implied clause of indemnity 1189 
 
 vesting property in, without conveyance 1192 
 
 reimbursement of 11^9 
 
 retirement of „■•,•■• 1 i lai 
 
 subject to instrument of trust iia^ 
 
 vpstins property in without conveyance 1192 
 
 sale (See Purchase and Power of) (See Rights and Liabilities 
 of Executor and Administrator) 
 
 short title ,' V ' ' ' V '■ i onr 
 
 ciiTninnrv annllcation to court for advice 1^05 
 
 Wee acting on advice of court may apply for judge's advice 1205 
 
 testator's debts paid from_ property 1200 
 
 in case deflci-ncy po" passu l<302 
 
 (See Rights and Liabilities of Executor and Administrator) 
 
^^^^ IXDEX 
 
 TRVSTEES—Continued. p^^j, 
 torts, action for (See Rights and Liabilities of Executors and Ad- 
 ministrators) 1199 
 
 trustees (See Interpretation) 1187 
 
 appointment of agents by .' 1194 
 
 committing breach of t -ust at instigation of beneficiary .... 1195 
 
 exoneration of 1195 
 
 insurance of trust property by 1194 
 
 power of to compound debts II94 
 
 to give receipts II94 
 
 two or more 1196 
 
 two or more, power of 1196 
 
 various powers and liabilities 1194 
 
 vesting property in trustees without conveyance 1192 
 
 uniform conditions of fire insurance 
 
 (See Fire Insurance Policy) 
 
 UNIVERSITY (1903, sess. 2, c. 26), 
 
 chancellor, election and term of office' 1209 
 
 vacancy in office, how filled 1209 
 
 convocation, composition of first '. 1210 
 
 succeeding 1210 
 
 corporation, power to hold property 1208 
 
 education of women 1215 
 
 election of chancellor (See Chancellor) 1212 
 
 and members of senate 1210 
 
 equality of votes 1212 
 
 first date of 1210 
 
 register of 1210 
 
 manner of 1211 
 
 nomination of 1211 
 
 notification of members elected. ; 1212 
 
 term of office 1212 
 
 vacancy 1212 
 
 voting papers 1211 
 
 informal , 1212 
 
 opening of 1211 
 
 faculties 1215 
 
 indorsements 1215 
 
 meetings and powers of senate 1213 
 
 affiliation of colleges 1213 
 
 removal from 1214 
 
 delegation of powers 1213 
 
 first meeting 1213 
 
 statutes, form of 1213 
 
 making, altering 1213 
 
 meeting and proceedings of convocation 1214 
 
 at call of senate 1214 
 
 extraordinary 1214 
 
 fee , 1214 
 
 officers of, convocation 1214 
 
 rules and regulations 1214 
 
 special notice of 1214 
 
 registrar 1214 
 
 senate, composition of 1210 
 
 fills vacancy of vice chancellor 1209 
 
 members appointed 1210 
 
 elected 1210 
 
 ex officers 1210 
 
 ' short title 1208 
 
 university nonsectarian 1215 
 
 vacancy in office of chancellor, how filled (See Chancellor) 1209 
 
 vice chancellor, vacancy filled by senate 1209 
 
 visitor 
 
 senate fills vacancy of chancellor 1209 
 
 composition of 1210 
 
 members appointed 1210 
 
 elected 1210 
 
INDEX cliii 
 
 USE OF TOBACCO BY MINORS (CO. 1898, c. 9), page 
 
 limitation of ordinance 1217 
 
 penalty to minors procuring tobacco 1217 
 
 presumption of age 1216 
 
 sale of tobacco to minors under 16 j'ears 1216 
 
 except on written request 1216 
 
 penalty for ■ 1216 
 
 USEPtL BIRDS (1902, c. 11), 
 
 application of ordinance .' 1217 
 
 birds or eggs for scientific purposes 1217 
 
 protected- 1217 
 
 guardians 1217 
 
 penalty 1218 
 
 nests and eggs 1217 
 
 short title 1217 
 
 VETERINARY SURGEONS (CO. 1898, c. 55), 
 
 license, duration of 1218 
 
 fee for 1218 
 
 only persons holding shall practise 1218 
 
 ^ exception as to castration, spaying or dehorning of animals. . 1218 
 
 persons entitled 1218 
 
 territorial secretary to issue 1218 
 
 to practise veterinary surgery 1218 
 
 penalty for practising without license 1218 
 
 VILLAGES (1901 c. 25, and 1903, sess. 2, c. 23), 
 
 action (See Suits by and Against Villages) 1232 
 
 annual returns by overseer 1234 
 
 auditor's report 1234 
 
 convictions and penalties 1234 
 
 liability outstanding 1234 
 
 moneys received and expended. 1234 
 
 return of unpaid taxes ". 1234 
 
 confirmation of return 1234 
 
 hearing of application to confirm return 1235 
 
 lands unredeemed, vesting of in the crown 1235 
 
 payment by commissioner 1236 
 
 animals running at large 1236 
 
 impounding of 1236 
 
 regulations 1236 
 
 appeal from assessment (See Assessment and Taxation) 1227 
 
 audit, official auditors 1239 
 
 powers 1239 
 
 assessment and taxation 1225 
 
 appeal from 1227 
 
 assessment list, preparation of / 1225 
 
 regulation of 1225 
 
 distress for taxes 1228 
 
 exemption from 1228 
 
 notice of assessment when owner unknown 1226 
 
 oath of overseer 1226 
 
 rule of assessment 1227 
 
 tax list 1227 
 
 taxes a debt ■ • ■ ■ • l^^T 
 
 taxes a lien on land (See Annual Return 5f Overseer) 1228 
 
 billiard table, licensing of • 1229 
 
 cemetery (See Village Expenditure) ...., 1232 
 
 commissioner (See Interpretation ) 1219 
 
 (See Unpaid Taxes, Annual Return of Overseer) 1221 
 
 (See Village Expenditure) ■•••■•• J231 
 
 crown application for vesting orders when lands unincumbered.. 1236 
 
 disease (See Meetings of Ratepayers) 1223 
 
 (See Prevention of) 1237 
 
 (See Resignation of) 1237 
 
 distress for taxes (See Assessment and Taxation) 1228 
 
 dog license 
 
cliv 
 
 INDJSX 
 
 VILLAGES — Continued. page 
 
 establishment of village 1228 
 
 area and population prescribed 1220 
 
 name 1220 
 
 notice by commissioner 1220 
 
 order of lieutenant governor in council 1220 
 
 fire prevention regulations 1220 
 
 (See Meetings of Katepayers) 1220 
 
 forms (-See Schedule) 
 
 hawkers (See Interpretation) 
 
 hawkers and pedlers, license of 1229 
 
 impounding of animals (See Animals Running at Large) 1236 
 
 incurring expenditure (See Village Expenditure) 1231 
 
 inspection of Improvements (See Village Expenditure) ■ 1231 
 
 interpretation 1219 
 
 commissioner 1219 
 
 hawker and pedler 1219 
 
 overseer 1219 
 
 person 1219 
 
 ratepayer 1219 
 
 village , 1219 
 
 judge (See Annual Returns of Overseer, Unpaid Taxes, Confirma- 
 tion of Returns) 
 
 justice of peace, appeal to from assessment 
 
 (See Appeal from Assessment) 
 
 licenses, billiard table 1229 
 
 dog 1228 
 
 hawkers and pedlers 1229 
 
 travelling companies 1229 
 
 lien for taxes (See Assessment and Taxation) 122S 
 
 annual return of overseer, unpaid taxes 1221 
 
 meetings of ratepayers 1223 
 
 annual 1223 
 
 order of business 1223 
 
 overseer's statement 1224 
 
 regulations 1224 
 
 special meetings 1224 
 
 new election of overseer when bond not furnished (See Overseer) 1222 
 
 notice of assessment (See Assessment and Taxation) 1226 
 
 offences and penalties 1240 
 
 overseer, neglect to account 1240 
 
 neglect to hand over property to successor 1240 
 
 other person, contravention by 1240 
 
 village funds, fines to form part of 1240 
 
 official auditor (See Audit) 1239 
 
 order of business at meetings of ratepayers, q.v 1224 
 
 overseer (See Interpretation, Sanitary Inspector, Overseer's duties, 
 
 etc.) 
 
 bond, not to act until given 1222 
 
 disputed election of 1223 
 
 election, new to be held If bond furnished 1222 
 
 procedure 1220 
 
 penalty for false declaration 1221 
 
 return 1221 
 
 government 1223 
 
 removal 1223 
 
 termination of office 1223 
 
 statement of (See Meetings of Ratepayers, Overseer's State- 
 ment) 1222 
 
 overseer's duties and powers 1233 
 
 as to books and accounts 1233 
 
 as to carrying out orders of ratepayers 1233 
 
 as to constables, powers in enforcing ordinance 1233 
 
 as to custody of village property 1233 
 
 as to enforcement of ordinance and regulations 1233 
 
 impounding animals 1233 
 
 Inspection of premises 1233 
 
 minutes of meetings 1233 
 
 production of documents^ to auditor 1233 
 
 public improvements 1233 
 
INDEX clv 
 
 VWluAGES— Continued. p^^j, 
 overseer's duties and powers — Continued. 
 
 record of taxes (See Overseer, Audit, Assessment, Annual 
 
 Returns) ;^233 
 
 overseer's remuneration (See Remuneration of) ... '. ........][ 1239 
 
 pedler (See Interpretation) 1219 
 
 penalties (See Dog License) ..." 1228 
 
 (See Hawker and Pedler) .'.'.'.".' 1229 
 
 (See Offences and Penalties) .........'.*.'..'. 1240 
 
 (aee Overseer, Election) 1246 
 
 (See Prevention of Disease) 1238 
 
 (See Prevention of Fire) 1239 
 
 (See Travelling Companies) 1229 
 
 permanent improvements (See Village Expenditure) 1231 
 
 person (See Interpretation) 1219 
 
 prevention of disease (See Meetings of Ratepayers, Regulations).. 1223 
 
 statutory regulations 1237 
 
 penalty for breach 1238 
 
 prevention of fire 123S 
 
 statutory regulations 1238 
 
 penalty for breacli 1238 
 
 rule (See Assessment and Taxation) 1227 
 
 ratepayers (See Interpretation) 1219 
 
 (See Meetings of Ratepayers) 1223 
 
 recreation grounds (See Village Expenditure) 1232 
 
 (See Animals Running at Large) 1236 
 
 regulations (See Meetings of Ratepayers) 1224 
 
 (See Prevention of Diseases) 1237 
 
 (See Prevention of Fire) 1238 
 
 remuneration of overseer 1239 
 
 of watermaster 1239 
 
 revenue (See Assessment and Taxation) 
 
 sanitary inspector, overseer such, for purpose of public health 
 
 ordinance 1245 
 
 scavenger, meetings of ratepayers, regulations 1224 
 
 short title 1218 
 
 single tax, adoption of system 1230 
 
 biannual assessment 1230 
 
 suits by and against village 1232 
 
 taxation (See Assessment and) 1225 
 
 exemption from 1225 
 
 single tax 1230 
 
 taxes (See Assessment and Taxation) 1225 
 
 (See Annual Return of Overseer) 1234 
 
 (See Distress for) 1228 
 
 (See Lien for) 1228 
 
 (See Single Tax) 1230 
 
 tax list (See Assessment and Taxation) 1227 
 
 title to real estate 1240 
 
 travelling companies, license of 1229 
 
 unknown owner, notice of assessment (See Assessment and Taxa- 
 tion) 1226 
 
 unpaid taxes, commissioser to pay 1236 
 
 unredeemed lands, annual return of overseer, unpaid taxes 1236 
 
 village (See Interpretation) _ 1219 
 
 expenditure 1231 
 
 disposition of funds 1231 
 
 incurring debt, authorised by commissioner 1231 
 
 by overseer 1231 
 
 for cemetery 1232 
 
 for permanent imporvement 1231 
 
 recreation grounds 1232 
 
 water supply / 1231 
 
 watermaster, remuneration of 1239 . 
 
 water supply (See Village Expenditure) 1231 
 
 VITAL STATISTICS (CO. 1S98, c. 14), 
 
 administration of ordinance 1246 
 
 appointment of registrars 1246 
 
 termination of, forms, etc., to be handed to successor 1246 
 
clvi 
 
 IlfDEX 
 
 VITAL, STATISTICS— Continued. page 
 
 births, report of, illegitimate children 1267 
 
 particulars to be furnished 1247 
 
 within a month, to registrar, by whom 1247 
 
 name of child, alteration in or giving of, on production within 
 two years of certificate of memorandum^ may be noted 
 
 in margin of original entry 1247 
 
 burials to be reported to registrar by cemetery cartetaker, etc., 
 within seven days, failing production of certificate of 
 
 registration 1249 
 
 certificate of registration 1249 
 
 clergyman, minister, etc., to report marriages ' 1248 
 
 officiating at burial, failing production of certificate of regis- 
 tration to report to registrar within a month • • 1248 
 
 cemeteries, caretaker, etc., of to report burial to registrar within 
 
 seven days unless certificate of registration produced 1249 
 
 certificate of registration of death, registrar to give 1248 
 
 before date return should be transmitted 1250 
 
 certified extract from return to be given by registrar before date 
 
 return should be transmitted 1250 
 
 cornorer entitled to without fee 1250 
 
 coroner entitled to searches and certified extracts free of charge 1250 
 
 department defined 1246 
 
 deaths, cemetery caretaker to report to registrar within seven days 
 of burial, failing production of certificate of registra- 
 tion 1249 
 
 certificate of registration to be given by registrar 1248 
 
 clergyman, etc., performing funeral services to report to regis- 
 trar within one month, failing production of certificate 
 
 of registration 124S 
 
 doctor to forward to registrar within one month a certificate 
 
 of registration 1249 
 
 who shall report to registrar 1248 
 
 particulars required 124S 
 
 doctor to report cause of death 1249 
 
 errors in registration, correction of 1249 
 
 forms, certificate of cause of death 1249 
 
 expense of providing and distributing to be paid out of general 
 
 revenue fund 1246 
 
 In hands of registrar, to be handed over to successor 1246 
 
 interpretation 1246 
 
 marriage, report of to registrar within a month by person solemn- 
 ising 1248 
 
 particulars to be furnished in 1248 
 
 minister defined 1246 
 
 clergyman, etc., death to be reported by within a month, 
 
 falling production of certificate of registration .... 1248- 
 
 marriage to be reported by 1248 
 
 name of child, change of, on production within two years of certi- 
 cate of, memorandum may be noted In margin of 
 
 original entry 1247 
 
 occupier defined 1246 
 
 orders, rules and regulations, the lieutenant governor in council 
 
 may make 1251 
 
 penalty for omission to report to registrar .' 1259 
 
 making false statement 1250 
 
 prosecution for omission to report to registrar 1249 
 
 place of offence under ordinance, etc 1251 
 
 registrar, appointment of '1246 
 
 to be supplied with forms on application 1246 
 
 fees 1247 
 
 forms of report of solemnisation of marriage to be funished 
 
 clergymen, etc., on demand . 124S 
 
 of certificate of cause of death to be furnished to medical 
 
 practitioners by 1249 
 
 monthly returns by to department 1246 
 
 to be forwarded to departement by registered mail in first 
 
 week of each month I247 
 
INDEX . clvii 
 
 VITAL STATISTICS— Continued. page 
 registrar, appointment of — Continued. 
 
 search of returns to be allowed by and certified extracts to 
 be furnished by before date return should be trans- 
 mitted 1250 
 
 to give certificate of registration of death 1248 
 
 registration divisions, establishment of 1246 
 
 deaths 1248 
 
 errors in, correction of 1249 
 
 marriages 1248 
 
 of births 1247 
 
 illegitimate children 1247 
 
 penalty for default in 1249 
 
 provision for late 1248 
 
 returns, arrangement, indexing and custody of 1250 
 
 certified extracts, from as evidence 1250 
 
 coroner to be furnished with without fee 1250 
 
 fee for 1250 
 
 registrars to forwarded to department within first week of 
 
 each month by registered mail 1247 
 
 search by coroner without fee for 1250 
 
 rules, orders and regulations, lieutenant governor in council may 
 
 make 1251 
 
 short title 1246 
 
 territorial secretary to administer ordinance 1246 
 
 WATER, GAS, ELECTRIC AND TELEPHONE COMPANIES (1901, c. 
 21), 
 
 application 1256 
 
 arbitration to ascertain compensation where private property re- 
 quired 1261 
 
 ordinance 1261 
 
 breaking passages, power of company 1258 
 
 compensation before property taken 1258 
 
 consent required before benefit of ordinance 1256 
 
 when commissioner of public works 1256 
 
 municipality 1256 
 
 disposal of surplus power '''oKa 
 
 distress for rent, exemption from 1259 
 
 exemption from the ordinance of private rights 
 
 entry, powers of i oct 
 
 laying mains 1257 
 
 limitation of powers 1258 
 
 location of works 1258 
 
 mains and pipes, disturbance of streets . .' 1257 
 
 municipality, when consent required 1256 
 
 nonpayment of rates, powers of 1259 
 
 obligation to supply on request 1259 
 
 other companies, privileges of 1250 
 
 penalties 1260 
 
 powers of company 1256 
 
 by breaking passages l_^^° 
 
 to enter 1260 
 
 lay mains i-^°°- 
 
 remove fittings 1261 
 
 take security 1^°^ 
 
 private rights protected 1258 
 
 privileges of other companies • • l^'oS 
 
 removal of fittings where service discontinued 1261 
 
 powers of company 1257 
 
 security from consumers i^o^ 
 
 streets, disturbance of i^^T 
 
 surplus power, disposal of • ■ •/■••; •,:•;"• lUn 
 
 wires and connections can be carried over property not supplied. . 1257 
 
 WEEDS, 
 
 See Noxious Weeds. 
 
 WIPE AND CHILDREN, 
 
 See Compensation to Families. 
 
 See Insurance for Benefit of Families. 
 
clviii 
 
 I-NDEX 
 
 WINDING UP OF COMPANIES, page 
 
 successor or legal representative 1262 
 
 WORKMEN'S COMPENSATION (1900, c. 13), 
 
 deaths 1262 
 
 injury 1262 
 
 negligence of fellow workmen 1262 
 
 person engaged in common employment 1262 
 
 short title 1262 
 
 successor or legal representative 1262 
 
 YOUTHS, 
 
 See Use of Tobacco by Minors.