(5nrn?U ICam Bci^aal SItbtarg Cornell University Library KEN54411888 The revised ordinances of the North-West 3 1924 016 978 532 Cornell University Library The original of tliis 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/cu31924016978532 THE REVISED ORDINANCES ©P THE NORTH-WEST TERRITORIES AJSD GTHEK OEDINANCES PASSED BY THE LEGISLATIVE ASSEMBLY, I* 5001 BeSSION begun and HOLDEN at ReGIKA on THB THnUTY-FIBSSf- DAY or October, and closoed on the Euevbnth dat of December, 1888. HIS HONOR JOSEPH ROYAL, LIEUTENANT-GOVEBNOa RB«I» A. Printed br R. B. Ooidon, Fiiiitei to tlie GoverDment of the Noith-WeBt Tenitoilefi. ISSB. ORDINANCES NOT REPEALED BY THE " ORDIT^ ANCE RESPECTING THE REVISED ORDINANCES/ No. 11 of 1878. An Ordinance incorporating the Bishop of Sfc Albert. No. 8 of 1881. II incorporating the Bishop of Saskatclia- wan. No. 4 of 1885. II respecting Schools. No. 13 of 1885. II legalizing By-law of the Town of Regina. No. 14 of 1885. ti legalizing By-law of the Municipality of South Qu'A,ppelle. No. 1 of 1886. II respecting Municipal matters in the Town of Calgary. No. 19 of 1886. II incorporating General Hospital at Regina. No. 20 of 1886. II legalizing certain By-laws of the Mun- icipality of South Qu'Appelle and Debentures issued thereunder. No. 21 of 1886. II legalizing By-law of the Town of Regina. No. 1 of 1887. II legalizing By law of the Town of Calgary. No. 21 of 1887, II amending Ordinance No, 21 of 1886. No. 22 of 1887. n legalizing By-law of the Municipality of VVolseley. No. 23 of 1887. II incorporating Calgary Gas and Water- works (Jompany. No. 24 of 1887. II incorporating General Hospital at Macleod. No. 25 of 1887. II incorporating the Town of Moosomin. No. I of 1888. ORDINANCE aasPBOHHtt^ THE REVISED ORDINANCES OP TTTia NORTH-WEST TERRITOHIES. 1888. {Assetded to Becemhiv 11th, 1338,} Wkan to take affacfc, s. 1. Printed RoU, a. 2. Repealed, ss. 3, 4. Wot to operate as new law3, 8. 5. Reference in former Ordinanoe how ODnstcuad, ss. 6, 7. Copies to be reoeived as eTideaev, s. a Ordinance subject to same rulea as other OrdinanoeB, a. 9. Chapter, how designated, s, 1ft, Schedule A. The Lieatenant-Grovemor, by and with the advice and aonsent of the Legislative Assembly of the Territories, enacts as follows :• — 1. The following aeries of Ordinances, chs^tered one to sixty inclusive, shall eome into force and take eifecfc cm, from and aiter the first day of March, A.D. 1889, as and by the designation of "The Revised Ordinances of the North-West Territories, " to aU intents as though the same were expressly embodied in and enactied by this Ordinance, to come into force and have efiect on, from and after such day; and on from and after the same day, all the enactments in the several Ordinances, enumerated in Sche- dule A of ^lia Ordinance, shall be repealed. ^. A printed roll of the said Revised Ordinances, attested as; such roll under the signature of the Lieutenant-Governor and that of the Clerk of the Legislative Assembly, shall be kept of record in the office of such Olerk and shall be held to be the original thereof. 6 Revised Ordinances: S. The repeal of the said' OrcJinan^es and parts of Ord- inances shall not revive any Ordinance or provision of law repealed by them ; por shall the said rep^eal prevent the effect of any saving clause iu the- said Ordinances or parts of Ordinances or of any . Ordinapce or provision of law formerly in force, to any transaction, matter or thing an- terior to the said repeal, to "vyifich they woijld otherwise apply- . . . , I ' ■ ' 4. The repeal of the said Ordinances shall not affect : (a.) Any penalty, forfeiture or liability incurjed before the time of such repeal, or ary proceedings for- enforcing' the same, had, done, completed or pending at the time of guch repeal ; (b.) Nor any action, suit, judgment, decree, certificate, execution, process, order, rule, or any proceeding, matter or thing whatever respecting the same^ had, done, made, en- tered, granted, completed, pending, existing, or in force at the time of such repeal ; - ' (c.) Nor any act, deed, right, title, interest, grant, assur- ance, descent, will, registry, by-law, rule, regulation, pro- elaination, contract, lien, charge, status, capacity, immunity, matter or thing, had, done, made, acquired, established or existing at the time of such repeal ; - (ci!.) Nor any office, appointment, commission, salairy, allowance, security or duty, or any matter or thing apper^ taining thereto, at the time of such repeal ; (e.) Nor any marriage, certificate or registry thereof, law- fully had, made, granted or existing before or at the time of such repeal ; - 2. Nor shall such repeal defeat, disturb, invalidate or prbjjudicially affect any other matter or thing, whatsoever, Sad, done, completed, existing or pending at the time of such repeal ; 3. But every such (a.) Penalty, forfeiture and liability, and every such (K) Action, suit, judgment, decree,certificate, execution, pro- eess, order, rule, proceeding, matter or thing, and every such (c.) Act, deed,right,title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, proclamation, con- tract, lien, charge, status, capacity, immunity, matter or thing, afid every such (d.) Office, appointment, commission, salary, allowance, se- curity or duty, and every such Revised Ordinaiices-. T; ' '(«0 MarijLage, certificate and registry' thereof,; and eveyj such other matter and thing,, and the force and effedliv thereof, respectively ~ , i may; and shall remain and continue as if no such repeal had taken place, and so far as necessary, may and shall tas ; continued, prosecuted, enforced and proceeded with .undea: the said revised Ordinances and other the Ordinances auJ laws' having force in the Territories, so far as applicable- hereto, and subject to the provisions of the said seTeraJ. Ordinances and. laws. '5. The said Revised Ordinances shall not be heldV.t* operate as new laws, but shall be construed and have effeci' as a consolidation of the law as contained in the sahA Ordinances and parts of Ordinances so repealed, and fcsr wnich the "said revised Ordinances are substituted, and the Legislative Assembly is not to be deemed to have adopteJ-. the confetruction, which may by judicial decision, or othei wise, have been placed upon the language of any of tfae, ©rdina^ces included amongst the said revised Ordinances. I; 2. The various provisions in the revised Ordinances corresponding to and substituted for the provisions of the Ordinances so repealed, shall, where they are the same i» #ffect as those of the Ordinances so repealed, be held to ©perate retrospectively as well as prospectively, and to hase been passed upon the days respectively upon which the Op- (iinances so repealed came into efieet. 3. If upon any point the provisions of the said revisodi Ordinances are not in eflfect the same as those of tice repealed Ordinances for which they are substituted, then as respects all transactions, matters and things, subsequent t» ' ■fehe time when the said revised Ordinances take effect, fluR pjpovisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, tke provisions of the said repealed Ordinances shall prevail. 6. Any reference in any former Ordinance remaining in force or iii any instrument or dociunent, to any Ordinaaoe •r enactment so repealed, shall, after the revised Ordinanaes take effect, be held, as regards any subsequent transactiaa, matter or thing, to be a reference to the enactments in. tbe isevised Ordinances having the same effect as such repealal Ordinance or enactment. g . Renised Ordinances. 7. The insertion of any Ordinance in the said Schednle A, shall not be construed as a declaration that such Ordin- mace or any part thereof was or was not in force immediate- ly before the coming into force of the said revised Ord- inances. 8. Copies of the said revised Ordinances, printed by the Queen's Printer for the Territories, shall be received aa evidence of the said revised Ordinances in all Courts dnd places whatsoever. 9. This Ordinance shall be printed with the said revised Oidinances, and shall be subject to the same rules of con- struction as the said revised Ordinances. I®. Any Chapter of the said revised Ordinances may be cited and referred to in any Ordinance or proceeding what- ever, either by its title, as an Ordinance, or by its short title, or by using the expression " The Revised Ordinance respecting " (adding the remainder of ihe title given at the beginning of the particular Chapter') or by using the expression " The Revised Ordinances of the Terri- iQiies, 1888, Chapter " (adding the number of the- particular Chapter i/n, the copies printed by the Queen's JPri/nter for the Territories.) SCHEDULE A. - Ordinances Repealed, from the date of the coming into force of the Revised Ordinances of the North-West Territories. 1878. mce respeccing Revenue and Expenditure, respecting Public Printing, respecting the Administration of Civil Justice, respecting the Limitation of Actions in certain cases. respecting Fees in Summary Trials, to provide for the appointment of Constables, authorising the appointment of Notaries Public, respecting Marriages, respecting Fences, respecting the Marking of Stock, respecting Stallions, respecting Poisons. No. 1. AnOrdi Wo. 2. No. 4. No, 5. No 6. No. 7. No. 8. No. 9. No. 10. No. 12. No. 13. No. 14. No. 1. No. S. No. a. No. 4. No. 5. No. 6. Revised Ordinances. 9 1879. 1, An Ordinance respecting Infectious Diseases. " respecting Dangerous Lunatics. " respectins; Ferries, " for the Prevention of Prairie and Forest Fires. " respecting Masters and Servants. " respecting the Licensing of Billiard and other Tables and for theprevention of Gambling. No. T. " to amend the Administration of Civil Justioa Ordinance, 1878. No. 8. " Exempting certain property from Seizure and Sale under Executions. No. 9. " , respecting the Registration of Deeds and other Instruments relating to Lands in the North-West Territories. No. 10- " respecting the Ordinancea of the North-We»t Territories, 1881. An Ordinance respecting al.ort forms of Indentures. ■' respecting Security to be given by Public Officers. " to extend and amend the Registration of Titl«a Ordinance. " respecting the Office of Sheriff, " respecting Mortgages and Sales of Personal Property. " respecting Trespassing and Stray Animals, " respecting Marriages. " respecting the Sale of Medicine^ and Drugs. " to amend the Ordinance respecting Fences, " for the Protection of Sheep, " respecting driving off Horses and Cattle. •' respecting Bulls. 1883. No. 1. An Ordinance respecting infectious and contagious diseases of domestic animals. " respecting Municipalities. ■' to amend the Administration of Civil Justiea Ordinances, 1878 and 1879, " respecting Partnership. " tor the relief of indigent, children. " to prevent the profanation of the Lord's Day. " ■ authorizing the appointment of Notaries Public " for the protection of game. " to regulate the disposal of found or stolen horses. " respecting the herding of animals. " to enforce the destruction of the Canada thistle and other noxious weeds. No. 1, No. 2. Mo, 3. No, 4. No. 5, No. 6, No. 7. No. 9. No. 10. No. 11, No. 12. No. 13. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. No. 10. No. 11. 10 lie-vised Ordinances. No. No. 12. 13. No. No. 14. 15. No'. 16. No. 17 No. 18 No. 19 fo. 20 No. 21 An Ordinance respecting auctioneers, hawkers and pedlers. . " to prt'vide and regulate returns by Justices of the Peace. respectint< the construction of chimneys, to amend the Oi'dinauce Nu. 6 of 1879 respect- ing the licensing of Billiard and other Tahles and for the prevention of Gambling, to further amend "The Registration of TitlSs Ordinance, 1879." to amend Ordinance No. 12 of 1878, respecting the niarkins; of stock. ■ to amend Ordinance No. 1 of 1881, respecting short forms of indentures, to amend the Ordinance for the protection ■ of sheep, No. 11 of 1881. to amend the Ordinance tor the prevention of prairie and forest fires No. 4 of 1879. to 'repeal the Ordinance No. 10 of 1881 and to amend Ordinance respecting fences, No. 10 of 1878. No. 1. An No. 2. No. s: No. No. 4. 8. No. 6. No. No. 7. 8. No. No. 9. 10. No. No. 11. 12. No. 13. No. 14. No, 15. Ne. 16. 1884. Ordinance respecting the herding of animals. " to amend and consolidate, as amended, the Registration of Titles Ordinance of 1878^ and the Ordinance amending it. ' " to amend and consolidate, as amended, the Ordinances respecting the Administration of Civil Justice in the North-West "Terri- toiies. " respecting Municipalities. " providing for the organization of Schools iii the North -West Territories. " to establish liens in favor of Mechaniea, Machinists ar.d others. " respecting Controverted Elections. " to regulate the costs of distress for rent and extra judicial seizure. " respectins; distress for interest upon mortgages. " to declare the law respecting real property held by two or more persons. " to encourage the planting of forest trees.. " respecting compensation to the families of per- sons killed by accidents. " to amend Ordinance No. 12 of 1883, intituled "An Ordinance respecting auctioneers, hawkers and pedlers; to amend and consolidate, as amended, the several Ordinances respecting the marking of stock. " to amend Ordinance No. 1 of 1883, respecting infectious diseases of domestic animals, for the prgtection of sheep and other animals. Revised Ordinances^ 11 :No. 17. ■ An Ordinance to amend Ordinance No. 5 of 1881, intituled "An Ordinance respecting mortgages and sales of personal ■property." .' V R'o- 18. " to amend Ord"itiance No. 10 of 1879, intituled " An Ordinance respectins; the prdinancas ' of the North- West Territories." .' -,: No. 19, " to amend Ordinance No. 5 of 1879, intituled ■ • "An Ordinance respecting Masters and Servants." No. 20. " to amend and consolidate, as amended, Ordin- ance No. 7 of 1878, providing for the appointment of Constables. .; ,■.'. ^o. 21. " to amend and consolidate, as amended, the several Ordinances respecting the licen- sing of Billiard and other Tables, and for the prevention of Gambling. No. 22. " to authorize Corporations and Institutions, in- corporated outside the North -W est': Tejrri- tories, to transact business therein. No. 23, " to amend Ordinance No. 11 of 1883, iijitituled " An Ordinance to enforce the destruction of the Canada thistle, and other noixious weeds," No. 24, " relating to the duties of Justices of the Pe^cfe in cases of appeals, " respecting ferries. " respecting property and civil rights, " concernino; receipt notes, hire receiptfs and • orders fc.r chattels, exempting certain property from seizure and sale under execution, " to amend and consolidate, as amended, the several Ordinances respecting fences, " respecting choses in action. " respecting preferential assignments. " to amend Ordinance No, 14 of 1883, respecting the construction of chimneys. " to amend Ordinance No, 8 of 1883, respecting the protection of game. " respecting inn, hotel, and boarding-house keepers, , • " respecting keepers of livery, boarding, and sale stables, " to amend Ordinance No. 9 of 1883, intituled "An Ordinance to regulate the disposal of found and stolen horses," 188^. Ne. 1. An Ordinance to provide for the appointment of Deputy Returning Officers for Municipal purposes and to repeal section 21 of the North- West Municipal Ordinance of 1884. ]f%, 2. " to amend and consolidate, as amended, the Ordinance respecting Municipaiities, 1884. -No. Mo. No. 26. 28. 27- No. 28. No- 29. No. No. No. 80- 31. 32. No. 83. No. 34. No. S6. No. 36. 12 No. 3. No. 5. No. No. 6. 7. No. 8. No. No. No. No. No. 9. 10. UL 12. 16. No. 16. No. 17. No. 18. No. 19. No, 20. No. 21. No. 22. No. No. 2. 3. No. No, 4, 5, No, 6, No, No. 7. 8. No. 9. No, No. No. 10. 11, 12, No. 13. No, 14. Mevised Ordinances. '■'■ to amend and consolidate, as Amendod, the School Ordinance of 1884. " to amend the Adiiiinistiatioa of Civil Justice Ordinance of 1884. " respecting the duties of Clerks of Courts. " to regulate the procedure in appeals in capital cases. " exempting ooitain property from seizure and sales undas executions. " to amend the Interpretation Ordinance. " respecting the Lei>al Profession. " relating to Medical Practitioners. " respecting Poisi ms. " to amend and consolidate the Ordinance respect* log infectious diseasesof domestic animals. ' ' taamend and consolidate the Ordinances respect ing fences. " to amend Ordinance No. 25 of 1884 respecting terries. " to repeal Ordinance No. 9 of 1883, respecting stolen horses. " to amend Ordinance No. 4 of 1883, respecting partnerships. " to amend Ordinance No. 1 of 1884, respecting the herding of animals. " to amend and consolidate Ordinances respecting prairie fires. '■' to amend Ordinance No. 2 of 1879, reipeet- ing dangerous lunatics. 1886. 2, An Ordinance respecting the Administration of Civil Justice, " respectinsr the Incorporation of Joint Stock Companies by Letters Patent. " respecting Juries. " respecting the holding of lands in trust for Re- ligious Societies and Congregations. " to facilitate the conyeyaiice of real estate by married women. " to amend the Municipal Ordinance of 1885. " to Incorporate Agricultural Societies in the North- West Territories, " to Incorporate Companies for the establishment of Cemeteries, "' to amend the School Ordinance of 1885. " respecting Fire Districts. " to amend Ordinance No, 21 of 1884, respecting the licensing of Billiard and other Tables and for the prevention of Gambling, " to amend Ordinance No, 21 of 1885, respecting Prairie Fires. " to ameiid Ordinance No, 12 of 1885, intituled "An Ordinance respecting Poisons," Revised Ordinances. 13 No. IB. " to further amend Ordinance No, 8 of 1883, in- tituled "An Ordinance for the Protection of Game." No. 16. " to amend Ordinance No, 13 of 1881, intituled "An Ordinanoe respecting Bulls." No. 1?. *' to further amend Ordinance No. 29 of 1884, in- tituled "An Ordinance to amend and con- solidate, as amended, the several Oidinancea respecting Fences." No. 18, " to repeal Ordinance No. 20 of 1885, and to amend Ordinance No. 1 of 1884, intituled "An Ordinance respecting the Herding of .\nimals." 1887. No, 2. An Ordinance respecting Schools. No. 3. " to amend Ordinance Nf), 2 of 1886, respectinjf the administration of Civil Justice, No. 4. " respecting the Fees of Counsel, Advocates and and Cieiks in matters of Certiorari and Ap- peals from Convictions. No. 5. " respecting the Office of Sheriff. No. 6. " to amend and extend "The Interpretation Or- dinance. No, 7. " toamend and consolidate, as amended, Ordijiaace No. 5 of 1881, intituled "An Ordinance re- specting Mortgages and Sales of Personal Property," and Ordinances amending the same. No. 8. " respecting Agricultural Societies in the Terri- tories, No. 9. " to amend Ordinance No. 3 of 1886, intituled "The Companies' Ordinance." No, 10. " to amend and consolidate, as amended, "The matkiiig of Stock Ordinance, 1884." No. 11. " to amend and consolidate, as amended, the several Ordinances for tbeprotection of Game. No, 12. " respecting Statute Liibf>r Districts, No. 13. " to amend the Municipal Ordinance of 1885 and also Ordinance No, 7 of 1886. No. 14. " to prevent tho pollution of Running Streams. No. 15. " to amend, and consolidate, as amended, the seveial Ordinances respecting Bulln. No. 16. " to amend Ordinance No. 10 of 1885, intituled "An Ordinance respecting the Legal Pro- fession. " No. 17. " to amend, and consolidate, as amended, the sever;il Ordinances respecting Prairie and Forest Fires. No. 18. " to amend, and consolidate, as amended, the several Ordinances respectii.g Poisons. No 19 " to repeal sub sections 1, 2 and 5 of Section 29 of Ordinance No. 9 of 1886. No, 20 " to repeal Ordinance No. 22 of 1884. THE REVISED OR'DINANGi;S OP THE ' NORTH-WEST TERRITORIES; ' CHAPTER 1. AN ORDINANCE RESPECTING THE FORM INTERPRETATION OF ORDINANCES. AND Short title, s. 1. , Mode of eiting- revised Ordinances, .O: is.a.!- •■ . > :■:■ Application of this Ordinance, s. 3. Form of Ordinances, ss. 4,5. Time of oommencenienfc of Ordi- '''"■ nahees, s. &. Amendment of an Ordinance by an Ordinance of same session, s. 7. Interpretation and rules of con- struction, s. 8. jLaw always speaking, s. 8 (1). ' Meaning of — - "ShaU" and ^ 'may," s. 8 (2). ."Herein," s. 8 (3). "Her Majesty," "The' Queen," ■ "The Crown," B. 8(4). ' "Lieutenant-Governor," s. 8'(5). "Lieut -Gov in Council, "s. 8 (6). ''The 'United Kingdom," s. 8 {f).- ■"The United States," s: 8 (8), - "Territories," s. 8(9).' ' ,' "Conntry, &c;" s. 8 (10); 'i'Pr5>clamation,'iV:s..8. (11).] i.) Expressing number and gender, s. 8 (12). "Person," s. 8 (13). "Writing," "written," s. 8 (14).; "Now," "next,"s. 8(15). :'Month,".s. -8(10.) , , ('iB[oiid;ajf;'''s: 8,(17), ■' ■' '',"■; !fe'eckbniHg timej s. % "Oath," s. 8(19). Who may administer oaths, is. 8 ..(20).. . ., . . • .J "Sureties," "Security," s. 8-(21)t "Magistrate," s. 8 (22)." '■ "Two Justices," s. 8(23)." , ' Local Jurisdiction, s. 8 (24). ■- -i Power to do anything, to iricluft all necessary powers for doing it, s., 8 (25).. - ImpHsonment where to be Made whei no special ■ place is men- ■ .tionlid, g. 8(26). ' ' \ , Wor^s giying ■ power to appoint ' include power to remove, s; S ' .(27): ;. . .: ■. -.; Power 'given to an officer appliefb ■• to his sUbcfessor or deputy,;*. ■:.8{28). ■■; : I App'pintment^ to be during plea- .\ sure- only,, s 8- (29). .Acts to be~ donte by more.th^ ' two' may be dpne by a maJori% , ..si 8(30).' ,-■ ■ ' . ..Constituting bodies corpor^afce, a. ■■8(^1)-. Deviations from forms pres- . . Idribed, s. 8(32). Power to make by-laws includes I .power to repeal, s. 8 (33)..; Private 'Prdinances hot to affect I. '■ £hird parties unless speciiUV '■■ .i :Aienti{)ned,'."s"; 8 (34). : ' ' . J6 Interpretation Ordinance. Power to make OrdinanceB in- dudea power to amend or repeal, s. 8 (35). Bepeal of Ordinanoee— Not to revive repealed Ordin- ances s. 8 (36). As to person acting under them, ».8(37). How far only to affect certam proceedings, s. 8 (37). As to By-laws under repealed Ordinances, s. 8 (38). Construction of references to en- actments for which others are subatatuted, s. 8 (39). When repealed enactment to stand good, s. 8 (39). As to acta done before repeal, 8. 8(40). Offences and penalties not aflfeo- ted by repeal, b. 8 (41). All Ordinances deemed publk Ordinances, s. 8 (42). Proof of Ordinances, s 8 (43). Preamble to be part of Ordw- ance, s. 8 (44). Proceedings for recovery «a& am- forcement of fines, s. 8 (45), Other rules of construction af>- plioable, a. 8 (4fi); Olerk Legislative Assembly Cus- todian of all Ordinances, s. 9. Seal to be affixed to Ordinances, 8. 10. Copies furnished on payment of fee, 3. IL Form of certificate of copy ot Ordinance, s. 12. How Ordinances may be cited, 8. 13. Interpretation of this Ordinance, s. 14. The Lieutenant-Governor, by and with eonsent of the Legislative Assembly of enacts as follows ^ — the the advice and Territories, 1. This Ordinance may be cited as Ordvnance." " The Interpretation 3. This Ordinance and following series of Ordinances shall constitute and may be cited for all purposes as " 2%« Revised Ordinances of the North- West Territories, 1888 " and any chapter of the said revised 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 Revised Ordimance) res- pecting " (adding the remainder of the title given at the beginning of the particular chapter) or by using the expression " The Revised Ordinances, 1888" or 'TheMeviseA Ordinances of the North-West Territories, 1888," together with a reference to the number of the particular chapter in the copies printed by authority. APPLICATION. 3» This Ordinancft, and every provision thereof, ahalS extend and apply to every Ordinance of the North- Weak Territories, now or hereafter passed, except in bo far as the Interpretation Ordinance. 17 provision is inconsistent with the intent and object of such Ordinance, or the interpretation 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 " TIlr Interpretation Ordinance" applies thereto, shall not be construed to prevent it so applying, although such express declaration is inserted in some other Ordinance or Ordin- ances of the same session. FOUM OF ENACTING. 4. The following words may be inserted in the preambles of Ordinances, and shall indicate the authority by virtue of which they are passed: " The Lieutenant- Goxernor, by and " with the advice and consent of the Legislative Assembly " of the Territories, enacts as follows." 5. After the insertion of the Words aforesaid, which shall follow the setting forth of the considerations or reasons up- on which the law is grounded, and which shall, with these considerations or reasons, constitute the entire preamble, the various clauses of the statute shall follow in a concise and enunciative form. TIME OF COMMENCEMENT OF ORDINANCES. 6. The Clerk of the Legislative Assembly shall endorse 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, absented to, or reserved by him for the assent of the Governor General, and in the latter case, such Clerk shall also endorse 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 be- fore the Governor-General, and that the Governor General was pleased to assent to the same ; and such endorsement 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. 18 Interpretation Ordinance. AMENDMENT OR REPEAL. T. Any Ordinance of the Territories may be amended^ altered or repealed by any Ordinance passed in the sam^ cession. INTERPRETATION. 8. In every Ordinance, unless the context otherwise requires : (1.) The law shall be considered as always speaking, and whenever any matcer or thing is expressed in the present tense, the same shall be applied to the circumstances asthej 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 impera* tive, and the expression " may " as permissive ; (;i) Whenever the expression " herein " is used in any section 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 Crown," means Her Majesty, her Heirs and Successors, Sovereigns of the United Kingdom of Great Britain and Ireland ; • (o.) The expression " Lieutenant-Governor " means the Lieutenant-Go\ernor, for the time being, or other chief ex- ecutive officer or administrator, for the time being, carrying on the Government of the Territories, by whatever title ha is designated ; (6.) The expression " Lieutenant-Governor in Council " rneans the Lieuienant-Governor, or person administering the government of the Territories, for the time being, act- ing by and with the advice of, or by and with the advice and consent of, or in conjunction with the Advisory Council ©f the said Territories ; (7.) The expression " the United Kingdom" means the United Kingdom of Great Britain and Ireland ; (S-) Tlie expression " the United States " means the United States of America ; (9.) The expression " Territories " means the North-Wesi Territories, as defined by the " North- West Territories Act"; (10.) The name commonly, applied to any country, place, body, corporation, society, officer, functionary, person, party or thing, means such country, place, body, corporation. Interpretation Ordinance. 19 society, officer, functionary, person, party or tiling,. although Buch name is not the formal and extended designation thereof ; ' (11.) The expression '' proclamation "means a proclama- tion under the Seal of the North-West Territories ; . . (12.) Words importing the singular number or the mas- culine gender only, include more persons, parties or thiuga of the same kind than one, and females as well as males, and the converse ; , (13.) The expression " person "• includes any body, cor- porate and politic, or party and the heirs, executors, ad- ministrators or other legal representatives of such person, to whom the context can apply according to law ; (14.) The expression " writing," " written," or any term of like import, includes words printed, painted, engraved, lithographed or otherwise traced or copied ; (15.) The expression "now" or "next" shall be con-; gtrued as having reference to the time when the Ordinance was assented to ; (16.) The expression " month" means a calendar month; (17.) The expression " holiday " includes Sundays, N-ew Year's Day, Good Friday, Corpus- Christi, Easter Monday, Ash Wednesday, Christmas Day, the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning Sovereign, Dominion Day, and any day ap- pointed by proclamation for a general fast or thauksgiving ; (18.) If the time limited by any Ordinance for any pro- ceeding, or the doing of anything under its provisions, ex- pires 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; (19.) The expression " oath " includes a solemn affirmation or declaration, whenever the context applies to any. person and case by whom and in which a solemn affii'mation or declaration may be made instead of an oath ; and in like cases the expression " sworn " includes the expression " af- firmed " or " declared ;" (20.) Whenever by any Ordinance, or by any order, regu* lation or commission made or issued by the Lieutenant- Governor, under any law authorizing him to require the takino- of evidence under oath, an oath is authorized 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 20 Interpretation Ordinance. 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 ; (21.) The expression " sureties" means sufficient sureties, and the expression " security " means sufficient security, and whenever these words are used, one person shall be suffici- ent therefor unless otherwise expressly required ; (22.) The expression " magistrate " means justice of the peace ; (23.) The expression " two justices " means two or more justices of the peace assembled or acting together ; (2'i.) If anything is directed to be done by or before a magis- trate or a justice of the peace, or other public funct)ona,ry 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 ; (25.) Whenever power is given to any person, officer or functionary to do or to enforce the doing of any act or thing, all such powers shall be understood to be also given as are necessaiy to enable such person, officer or functionary to da or enforce the doing of such act or thing ; ([26. ) If in 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 com- mon 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 ; (27.) Words authorizing the appointment of any public officer or functionary, or any deputy, include the power of removing or suspending him, re-appointing or re-instating him or appointing another in his stead, in the discretion of the authority in whom the power of appointment is vested : (28.) Words directing or empowei'ing any public officer or 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 ; (_29. All officers now appointed or hereafter appointed under the authority of an Ordinance, whether by commission or otherwise, shall remain in office during pleasure only, unless otherwise authorized by law ; Interpretation Ordinance. 21 (30.) When any act or thing is required to be done by more than two persons, a majority of them may do it ; (31 ) Words making any association or number of persons a corporation or body politic and corporate, shall vest in such corporation power to sue and be sued, contract and be contracted with by their corporate name, to have a coinmon seal, and to alter or change the same at their pleasure, and to have perpetual succession, and power to acquire and hold personal property' or moveables for the purposes for which the corporation is constituted, and to ahenate the same at pleasure ; and shall also vest in any majority of the meinbeia of the corporation the power to bind the others by their acts ; and shall exempt the individual members of the corporation from personal liability for its debts or obliga- tions or acts, provided they do not violate the provisions of the Ordinance incorporating them ; (32.) Whenever forms ai-e prescribed, slight deviations therefrom, not affecting the substance, or calculated to mis- lead, shall not vitiate them ; (33.) Whenever power to make by-laws, regulations, rules, or orders is conferred, it shall include the power, from time to time, to alter or revoke the same and make others ; (34.) No provision or enactment in any Ordinance which is 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 ; (35.) Every Ordinance shall be so construed as to reserve to the Legislative Assembly the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revocation; restriction or modification is deemed by the Legislative Assembly to be required for the public good ; (36.) The repeal of any Ordinance or part of an Ordinance ahall 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 ; (37.) Whenever any Ordinance is repealed, wholly Ot 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 umler the old law or regulation, shall continue to act as if appointed under the new law or regulation until others are 22 Interpretation Ordinance. appointed In their steafl ; and all proceedings taken under the old law or regulation shall be taken up and continued under the neW law or regulation, when not inconsistent therewith ; and all penalties and forfeitures may be recover"' ed and all pr-oceedings had in relation to matters which' have hrippened before the repeal or revocation, in the same maimer as if the law or regulation was still in force, pursu- ing the new provisions as far as they can be adapted to the old law or regulation ; (38.) Whenever any Ordinance is repealed, wholly or in part, and other provisions are substituted, all by-laws^ oi'dei's, ri'gulations and rules made under the repealed Or- dinance shall continue good and valid in so far as they are not inconsistent with the substituted Ordinance, enactment or pro\risix)n, until they are annulled or others made in their stead ; i (3[).) 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 uhrepi'aled Ordinance, or in an}' rule, order or regulation made thereunder to such repealed Ordinance or enactment, sh^dl, as regards any subsequent transaction, matter . or thing, he held and construed to be a reference to the provi- sions of the substituted Ordinance or enactment relating te the same subject uiaiter as such repealed Ordinance or enactment ; Provi.led always, that where there is no provi-' sion in the substituted Ordinance or enactment relating to the same subject niattfcr, 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 sucli rale, order or regulation made thereunder; (40.) The repeal of an Ordinance, or the revocation of a regulation, at any time, shall not effect any act done or any right or right of action existing, accruing, accrued or estab- lished, or any proceedings commenced in a civil cause, before the time when such repeal or revocation takes effect ; but the proceedings in such case shall be conformable when iiecessaiy, to the repealing act or regulation ; (41.) No offence committed and no penalty or forfeiture incurred, and no proceeding pending under any Ordinance at any time repealed, or under any regulation at any time revoked, shall be etlected by the repeal or revocation, except -hat the proceeding shall be cOnforinable, when necessaij-, Interpretation Ordinancei 23 to the repealing Ordinance or regulation, and that wheneyeir $,ny penalty, forfeiture or punishment is mitigated by any; of the provisions of the repealing Ordinance or regulation, euch provisions shall be extended and applied to any judg-r ment to be pronounced after such repeal or revocation ; (42.) Every Ordinance shall, unless by express provision it is declared to be a private Ordinance, be deemed to be a public Ordinance, and shall be judicially noticed by all judges, justices of the peace and others, without loeing ■pecially pleaded ; ., . (4o.) Every copy of any Ordinance, public or private, printed by authority of law, shall be evidence of suck Ordinance and of its contents ; and every copy so purporting, to be printed shall be deemed to be so printed, unless the contrary is shown ; , (44.) The preamble of every Ordinance shall be deemed. a part thereof, intended to assist in explaining the purrxirt and object of the Ordinance ; and every Ordinance ancj every provision or enactment thereof, shall be deenie«t remedial, whether its innnediate purport is to direct the ^oing of any thing which the Legislative Assembly, de^ns ^o be for the public good, or to prevent or punish the doing, of any thing which it deems contrary to the public good— a,nd shall accordingly receive, such fair, large and libeial Construction and interpretation as will best insure th^ attainment of the object of the Ordinance and of such prbr vision or enactment, according to its true intent, meaning and spirit ; (45.) Proceedings for the recovery and enforcement, of fines, penalties and forfeitures imposed by any Ordinanca for the commission of offences created thereby, may be had, taken, prosecuted and enforced, under and by means of, any of the provisions contained in CJhapter One Hundred and Seventy-eight of the Revised Statutes of Canada, and amendments thereto, ^^hich for the purposes "aforesaii are incorporated in and form part of every such Ordinance ; and the words " on summary conviction," whenever they occur in any Ordinance, shall refer to and mean, under and by virtue of the provisions of the said Chapter One Hun- dred and Seventy -eight of the said Revised Statutes of Canada; (46.) Nothing in this section shall exclude the applicatioja to any Ordinance, of any rule or construction applicabla thereto, and not inconsistent with this section ; 24 InterpretafAon Ordinance. 9. All Ordinances heretofore passed, now passed and hereafter to be passed, shall be and continue to remain on. record in the custody of the Clerk of the Legislative Assembly. 10. Tlie Clerk of the Legislative Assembly shall affix tlie seal of the Territories to certified copies of all Ordin- ances 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 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. 11. The Clerk of the Legislative Assembly shall furnish a 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 Lieu- tenant-Governor may from time to time direct. 1 3. The Clerk of the Legislative Assembly shall insert ai the foot of every such copy so required to be certified, a written certificate duly signed and anthenticated by him to the effect that it is a true copy, (and in case of any Ordiri^ ance disallowed after it came into force) " but disallowed hy the Governor in Council, which disallowance took effect m the day of A.D. 18 13. Any Ordinance may be cited as of the year of On? Lord. 1 4. The provisions of this Ordinance shall apply to the construction thereof, and to the words and expressions used therein. Public Printing. 25 CHAPTER 2. A.N ORDINANCE RESPECTING PUBLIC PRINTING. Queen's Printer, s. 1. Publication of Official Gazette authorized, s. 2. Publication of Ordinances, s. 3. Advertisements, Notices, etc., in Gazette, s. 4. Conditions and charges, s. 5. Profits, salaries and accounts, 8. 6. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1* The Lieutenant-Governor in Council may appoint by commission a Queen's Printer for the Territories. 3. The Lieutenant-Governor in Council may authorize the publication of a fortnightly Official Gazette, to be called " The North- West Territories Gazette" for the publication of proclamations, official and other notices, and of all such matters whatsoever as may be from time to time required. S* It shall be the duty of the Queen's Printer, subject to the direction of the Lieutenant-Governor in Council, to print aaid publish, or cause to be printed and published, the Ordin- ances of the Territories, the North- West Territories Gazette, and such documents and announcements as may from time to time be required. 4. All advertisements, notices and documents whatever, relating to matters within the control of the Legislative Assembly 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. $< The Lieutenant-Governor in Council shall prescribe fSie conditions of the publication of the said Gazette, and atall designate the public bodies, officers and persons to irhom the said Gazette ahall be sent, and shall make a tariff The Lieutenant-Governor in Council may, from time to time, determine what oiBcers or persons it is necessary to employ for any of the purposes mentioned in this Ordinance, assign their names of office, prescribe their duties, grant salaries or pay for their services, make the necessary appointments, and exact such securities from such officers and persons as may be deemed proper. 6. The public accounts shall include the period from the Thirtieth of June in one year to the Thirtieth of June in the next year, which period shall constitute the financial year. Security by Public Offtcera. 29 AN CHAPTER 4. ORDINANCE RESPECTING SECURITY TO BE GIVEN BY PUBLIC OFFICERS. Bonds, BS. 1, 2, 3, 4 and 5. Affidavit of surety, s. 6. Clerk of the Legislative Assembly to provide register, s. (1) (2) (3). Consequences of neglect, s. 7- Procedure on death or bankruptcy of surety, or discontinuance of responsibility, ss. 8 and 9. Other provisions respecting same, ss. 10 and 11. Neglect, omission or irregularihr in bonds nottovacatesame b. iC Public officers may give security of guarantee companies, b. 14. Security of guarantee companies, s. 15. Limitation as to liability of public officers, s. 17. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. Every person appointed to any office or employment of the Government of the Territories, or to any office or employment of public trust, or wherein he is con- cerned in the collection, receipt, disbursement or expenditure of any public money, and who by reason thereof is required to give security, with surety or sureties or otherwise, shall, within one month after notice of such appointment if he is then in the Territories, or within three months if he is then absent from the Territories (unless he 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 securities, in such sum and with such sufficient surety or sureties as are approved of by the Lieutenant-Governor in Council or by such other officer or person, as they may appoint for the due performances of the tiust reposed in him, and for his duly accounting for all public moneys! entrusted to him, or placed under his control. ^. Whenever any per.son is required under this Ordinance 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 ap- gQ Security by Public Officers. i pointed such person may either solely, or together with any surety or sureties, as the case may be, give such security by bond in the Form A in the schedule to this Ordinance or to the like effect. 3. Whenevet a bond, made according to the Form A sefc forth in the schedule to this Ordinance or any other bond expressed to be made in pursuance of this Ordinance or re- ferring thereto, contains the; form of words set forth in column " one " of the said form, such bond shall be construed and have the same effect as if it contained the form of words set forth in column " two " of the said form. 4. Any recitals may be inserted prior to the condition of the bond, and the feminine gender may be substituted for the masculine, or the plural number for the singular, or vice wrsa, in any form, in the first column of the said form, and corresponding changes shall, in such case, be taken to be jnade 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. 5. Any bond or part of a bond, which does not take effect by virtue of the three sections of this Ordinance next pre- ceding, 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. 6. Every surety in any such bond shall make the affidavit in the Form B in the schedule to this Ordinance or to the effect thereof, before a Justice of the Peace, and every such bond or security shall be proved as to the due execution and delivery of the same, by an affidavit of the attesting witness, made before a Justice of the Peace ; and every such ¥ond or security, with the several affidavits thereunto annexed shall be recorded at full length in the Lieutenant- Governor's Office, and the original bond or security, and the affidavits thereunto annexed shall after such registration be deposited and recorded in the said office within one month after being entered into or given, if the person on whose behalf it is entered into or given, resides or is in the Terri- tories, and if he is absent from the Territories, then within three months after being entered into or given unless such Security by Public Officers. 81 person arrives sooner in the Territories, and then within one month after such arrival. ' (1.) The Clerk of the Legislative Assembly shall, for the jpurpose of so legistering bonds or securities provide a sepa- rate 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 regis- ter book, and in the margin of the bond or secuiity. (2. ) The Clerk of the Legislative Assembly shall keep separate alphabetical 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 v.here the bonds or securities containing such names are to be found, and shall enter and register the said bonds or securi*- ties in the same order of time in which they respectively €ome to his hands. (3.) Copies of all bonds or securities registered as afore* said, certified by the Clerk of the Legislative Assembly, shaill be received in all courts of civil jurisdiction in -the Territories, as prima fide evidence of the due execution of the contents thereof, and for every such copy certified a3 aforesaid, a fee of one dollar shall be payable to the General Revenue Fimd. T. If any person who is required to give, register and deposit any siich bond or security as aforesaid neglects tb do so, he shall be liable to forfeit the appointment in respect whereof such security should have been given, and such ap- J ointment 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. (1.) No such forfeiture shall take place by reason o f any such bond or security not being registered or deposited if the proper sureties have been given and the proper bond made out, and when the failure of registry and deposit have arisen from the loss of such bond or security in the transmission thereof from a distance; but in every such casa a new bond or securitj', specifying the reiason of such delay shall be made out and signed, registered and deposited, within the like period, after the person giving such security receives notice of the loss (regard being had to the place 32 Security hy Public Officers. where he then is,) as is required by this Ordinance foi- the registry thereof, if such loss liad not occurred. 8. Every such person as aforesaid who has given anj bond or other security, with surety or sureties for the due execution of the trusts reposed in him, or for duly account- ing for public moneys coming to his hands, shall give notice in writing to the Clerk of the Legislative Assembly of the death, bankruptc)^ insolvency, or residence out of the Ter- ritories, of any surety or person bound for or with him in any such security. (1.) Such notice shall be given within one month after the fact comes to the knowledge of such person as aforesaid, and 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, bank- rupt, insolvent or resident out of the Territories became security, recoverable in any civil court at the suit of the Lieutenant-Governor. (2.) Every such person, who upon the death, bankruptcy, insol i'ency or residence out of the Territories of any surety, neglects to give the security of another surety, to be ap- proved 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 by 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 registering and depositing of the original bond or security, 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 pro- visions as aforesaid. %. When any person has become security for the due 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 responsi- Security ly Public Officers. SA biljty, may give notice thereof to liis principal, and also to the Clerk of the Legislative Assemblj', and all acci-uing re- sponsibility on the pail of such person as such surety shall cease at the expiration of three months from the receipt d the last of such notices, or upon the acceptance by &» Lieutenant-Governor in Council of the security of anottier surety, whichever first happens; and the principal shall, within one month from the receipt of the last of suet notices, give the security of another surety, and register &tA deposit the bond of such new surety, or in default of bo doing, shall be liable to forfeit, and be deprived of the ap- pointment in respect whereof such new security ought to nave been given and deposited as aforesaid, and his ap- pointment shall be void fi om and after the time when dte Lieutenant-Governor declares the same to be void^ in liJas manner and tmder and subject to such provisions a,3 af oiesaiii 10. The Lifutenant-Governor in Council may approvB of the security given by any public officer, although pe^ fected after the time limited by this Ordinance, and in fenci case the office shall be deemed not to have been voided by sttch default, but to have remained^ and to lemain rin full force and effect. And no act of any such public officer shall by such default be void or voidable. 11. "When the securities of the principal and suretiep have been executed at different times (whether they wexB_ taken in one an^ the same bond, deed or other insti-ument' or in different ones), the period limited for registering end depositing such securities shall be estimattd ficm the tims of execution thereof, by the person who was the last to ex- ecute the bond, deed or other instrument, or the laet bond,- deed or other instrument, as the case may be. 1^. No neglect, omission or irregularity in giving or receiving the bonds or other securities, or in re gisteiing thfi eame within (he periods or- in the manner prescribed by this Ordinance shall -vacate or make void any .■■uch bond or eecuritv or discharge any surety from the obiigations- thereof, 13. All bonds or other securities hereby required to bj» registered and d( posited, shall be rcgisteied and deposited by the proper officer, notwithstanding the period prescribed for registering and depositing the same has expired; but ja f$ . ■ Security bij Pwbl'oo. Ujficer.t. s«afi ro^tsterinL; anl depoaifciiig of aiy sueli bond or other sat-itiifcy s'i*ll bo djemol ta wdivo any' fori'eiture or penalty, or sJjiill es:j.n^)!; taie pjrsjii on whose behalf the same are »[• •■I'it.^rjd iui\ deposited from any forfeiture or penalty, iKjit;r *iy of the provisions of this Or liiiance. 14. \Vlienever *iy public oMicor is required to give a««iiainty fur the pcirformanCe of his duties, or other security (rf (i; like ititure, and whether such security inures for the Iwndit' of the Territories or of any person injured by the detioit oi inlsoonduct of such officer, the Lieutenant-Gov- ftjjior in Goaiicil may direct that the bond or policy of guar- sfttee of any 'inct>rporated joint stock company empowered to^^rmit g^iarantees, bonds, covenants or policies for the i»i tHTity and faithful accounting of public officei's, or other like pin-poses,- may he accepted as such security, upon such teraas as may be detero lined by the Lieutenant-Governor in Sduncil ; stnd the provisions of law with reference to the Itgd eti'cct of such securities when given by individuals, to iiie filing thereof, and to the mode of proceeding thereon, f^all apply to the security given by every such company. 1 5* Tlie interim receipt of such company may be accepted . j> lieu of the formal secuiity, but the formal security shall be (J&mpleted within four months from the date of such receipt. 16. Ev«ry eoveoant entered into for or in behalf of any 0«»]jlic officer, in pursuance of any law requiring security »rcvu any such officer, or in pursuance of the preceding sec- fioais shall inu: e for the benefit of the Territories ; and the I*eateniint-Governor may bring and maintain an action' feereou in respect of any damai^^es suffered by the public on aeeoont of any misconduct, neglect or default of the officer ' in either inst^tnce, with the like effect as any private person SttiTerLDu^ diunagos a.s aforesaid might. IT. Where any person or incorpoi-ated joint stock com- ftmy is suj ety for the performance by any public officer who is (ililiged to give secui-ity as aforesaid whether the surety- , ship is for tlie benefit of the Teixitories or inui-es for the l«netit of any person injured by the defsiult or n.isconduct cf such ofRcer, and any action 'is brought upon the bond, <»^-enant, policy, or recog)iizanee of suretyship, no damages aiiall be leaoveied in the said action against such surety ex- cept as to aauscs of action which havi; arisen w ithin six y«ars next before the commencement of the said action. Secv/rity ^y Public Officers, SCHEDULE. FORM A. (Vide Section 3.) Enow all men by these Presents that v, a of la tk« North- West Territories in the Doiixinion of CaoadSi (kweiniiftvr oaiI«i *'the principal") and of in the said Territories and of fai the said Territories (hereinafter called "the sureties") ar* fespectively held and firmly bound unto our Sovereign Lady the Quees, ker heirs and successors, in the respective penal sums following, thai b to say: "the principal" in the sum of dollars at lawful money of Canada, and eacli of "the Buretiei" ia s, num ol dollars of like lawful money, to be paid to our gaid Sovereign Lady the Queen, her heirs and succeseoi*, for irhich said irespeotive payments, well and faithfully to be made, we aoveraUy, — and not jointly, or each for the other, — bind ournelve*, and our r«- ipective heirs, executors and administrators, firmly by thMS preaeats, BOiiled with our respective seals. Dated this day of m thjl year of our Lord one thousand eight hundred and aaid in the year of Her Majesty's reign. Whereas "ihe prinoipal" having been appointed to iie offlo* vr mm- ployment of IS required by law to give security to the Crown for Ulc dm* peiforw- amce of the duties appertaining thereto; and the sureties have ecm«eato4 bo become his sureties for such his performanoa of the said dati«s; and this bond is given in pursuance of "An Ordinance respeofang Public Officers." COLUMN ONE. Now the condition of this obli- gation is, that if "the principal" faithfully discharges the duties of the said office and duly accounts for all moneys and property which «ome into his custody by virtue of ttie sjiid office, this obligation shall be void. Signed, sealed and delivered"! in the preseaca of J OOLCUN TWO, Now the condition of the abov* obligation is such, that if "ttol principal" so appointed to the sail office or employment as aforesaid, do and shall from time to time and it all times, so long as he shall holi the said office or employment or be and remain charged with the actual discharge of the duties api>8rtainin|; thereto, or any of them, faithfully, honestly, and diligently do per- form, fulfil and discharge all and eveiy such duties, in every res- pect, in a«3ordance with the laws now ill force in that behalf, as also all and singular such other duties as by competent authority in that behalf, now are or hereafter shalt or may be attached to the said office or employment, or imposed upon or required to be peifoimed by tlie incumb^it for the time §« Security ly Public Officers. being of the said office or employ- ment, whether such last-mentioned duties are regulated or imposed by any Ordinance or Ordinances of the Territorit'S heretofore passed or 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 Ordinances so to be passed, or by any such Order or regulations as afoiesaid,or are regu- lated or imposed, or are extended, increased or otherwise 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 property as shall come into his hands, custody or control by virtue of or in consequence of his holding the said office ; And further, if "the principal" upon his removal from, or his re- signation of the said office or em- ployment, or if in the event of his death during his tenure of the said office or employment, his legal re- presentatives, or some or one of them, do and shall quietly surien- der and deliver up the same, and all the moneys, secuiities for money, valuable securities, or property, books, papers, in- strumen s, instructions, maps, plans, letters and writings, and other things whatever, which then may be, or ought to be, in his pos- session, custody or keeping by virtue of or in consequence of his holding the said office, or relating or in anywise appertaining theretoi, then the above obligation shall be null and void and of no effect: other- wise the same shall be and remain in full force and virtue. Security by Pitblie Offi.fJers. 87 AJ-FIDAVITS TO BE ANNEXED TO THE BOITD. AFFIDAVIT OF WITNESS. Canada: "1 I, North- Wesu Terrifcories, Vof hi tlxB to wit. J North-Wdst Tarritories, mikB oath and say that l^yraA" paraonaHy preseab, and did saa •■! fch3 obligjrs in tha abava b)nd or writing oVas["kb'jTy namal, duly e-s9- cuie th3 aVid insirumsab by sigaiag, sailing and, as thair raapaoiivB acis aad daais, delivering tba siina, and thit I ain a Bubiaribiiig vrit- ness to such exeoubion. Sworn before ma at in tha siid Tdrrifcories, this day of JLT>. ana thousand eight hundred J.P. for the Territories , [A separata affidavit in this form slvvll ba mide by a wifea»33 to the exe^atfc-o.a of oioh obligor, if tha sama parson doas noli wibneaa the oxeea- tion by all of them.] FORM R (Vide Sectim S.) Canada; "i I, A B , the obligor (or one of the snrelries) In Norbh-Weab Tarri- > the annexed bond namad make oabh and B\y, aa tories, to wit : } follows : 1. I am seized and possassed to my own use of real (or real and pas- Bonal) estate at in the North-Weafc Telv ritories of the actual value of $ over and above all charges upon or incumbrances a Jeoting the same. 2 My Post Oiiiae address is as fallows :■ — Sworn before me at this day of A.D. one thousand eight hundred and J. P. for the Territories. A separate nffidaxil to he made by the oblijur and liy « leh lurebj. INDORSEMENT ON BOND. The iniorssmant on fcha band shiU show : — 1. T!i9 data of Its receipt by tha ' lerk of the La^islabive Assembly. 2. The namas of bha pria- cipil and surebies. and fcha amiunb for which each ia b lund. 3. Tho dibe of thi band 4. T ^e office for the f ilbhful discharge of the duties wharejf ifc is given. 5 Tiia Ragisbration numbar 6. Tha fi)lio on which ifc is entered in tha register of bonds 7 The folio and book in which ifc is reaorded in fcha office of the Cle/k of the LegislabivB Assembly certified by the said C .erk. 18 Controverted Elections. CHAPTER 5. AN ORDINANCE RESPEC^TING CONTROVERTED ELECTIONS. Petition agamat undue election, i. 1. Must be addressed to Lieuienant- GoTeinor, s. 2. Tee t . Ecc(jmi)any same, b 3. Clerk of Legislative Assembly required to notify petitioner, give security for costs, s 4. Becurity to be deposited within ten days, s. 6. On failure to deposit security pro- ceedings cease, s. 6. Writ of Sununons againstall parties comijlaineduf. Trial of cause, s.7. Determination of Judge, with cop.y of evidence, to be foi!- warded to Lieut. -Governor. Determination to be final, s. 8, The Lieutenant-Governor, by and with the advice and eonsentof the Legislative AsseiiiUy of the Territories, enacts »s follows : — 1. Within two months from the receipt by the Clerk of the Legislative Assembly of the retui-n of a writ of an eleor ton, any defeated candiilate or elector at such election, may petition against the undue return or undue election of any Candidate at such election. 2. The petition shall be addressed to the Lieutenant- Governor; shall state fully the giounds upon which thj petititioner seeks to set aside the election of such member, and .shall be accompanied by the petitioner's affidavit, to be «worn to before a Justice of the Peace or a Notaiy Public that he believes the allegations therein contained to be true. 8. Upon the receipt of such a petition and the sum of ten dollars, which shall form part of the General Revenue Fund tlie LieutfBant-Governor sliall cause the petition and a copy *if all the books, papers and documents relating to the elec- tion eomplained of, certified to by the Clerk of the Legisla- tive Assembly, to be transmitted by registered letter to the Clerk of the Supreuje Court, whose office is nearest the residenca of the retuining officer at such election. 4. The sa,id Clerk shall, upon receipt of the said petitioB aotify the petitioner that he is required, within ten day Controvcrk'd Elections,. 8.9 after tho fervice 01 such notice, to lodge security -witb tl*e eaid Clerk as hereinafter pro\ide(I. 5. ^^'ithin ten days al'ter rerei]it of such notice, the poti- tioiier shall deposit with the said Clerk tlic sum of iivc lixiii- dred dollars for the paj'uient of all costs, charges aad cxpca- 6es that may become po.yable l>y the jietitioner — ; ('^) To Hii}- person snuunoned as witness on liis behalf, fa» ill.) 'J'o the Tuemb./r ur retuniiiig- uiiicer, whose eW-lion return 'w euii.luct is complained of. 6. It the jietitionei- fails, within ten d.nys after the sei-vioe upon him uf ihe said notice, to deiiosit the said security-, -all proereiHiiy-, undtr the said petition shall cease, and the peti- tioner shall have no riyht to petition arain under tliis rilmanee. 'T. Tbe said Clerk of the Supreme Court shall, npo» receipt of the said deposit, issue an ordinaTy -writ of ss.m- mons, a^aiii>t all parties complained of in the petilion, ajicostMS. Infectious Diseases. OHAPTBR 6. iS. OaDINANGE RESPECTING INEECTIOUS DISEASES. EautenantCfovBrnoT to proclaim iofeoted districts, ». 1. BeeJaro exi8t«B.oe of disease out- ffife Tssiitoiics and prosicribe Stress iherafrom, s. 2. •miatLtute health districts and ap- foiai boards ol health, a 0. I OTvers and duties of Boards, ss. 4 and 5. Lieutenant-Governor niay appoint health officers to enforce Or- dinance, s. 6. Penalties, s 7- Any Peace Officer may arrest offender, s. 8. Th« LifTit««aant-Govemor, l)y and with essBeiit of tilt Legislative A«semblj of «mi«ts as follows : — the advice and the Territories, f. When sany part of the Territories becomes infected with acy ODniagioTiN, infectious or epidemic disease, the liieutcnant-Govenior may \>y proclamation describe the part (io infected, declare that such disease exists therein, jUid prosciile STich part frtm outside intercourse for the penod n»\meuch notice that such diseasg exists in sucli phice, and all jjigress therefrom into the said district shall be prosciibL'd as ir the pi'ociaination uauied in the second section of this Or'.linauce had ijeen made. ^. The Lieutenant-Go ernor xnn.y f)om time to time, and whenever he Sees tit, ;ds 43 CHAPTER 7. AN ORDINANCE RESPECTING INSANE PERSONS. Procedure to apprehend person charged with beuig insane, s. 1. Jusbice of Peace hearing the evi- dence may postpone enquiiy and remand person charged, s 2. If satisfied person charged is insane forward to Lieut -Governor copy of evidence taken, s 3. If Justice is satisfied peison is noil insane shall discharge him, s 4. Justice of Peace shall have power of compelling attendance wit- nesses, s 5 Form A. Warrant to aj^prehend. Justice shall commit by war- j Form B. Warrant to commit, rant to jail and shall | The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacte as follows : — 1. When an information is laid before a Justice of the Peace that any pei'son is, or is suspcctxl and believed to be^ insane, such Justice may issue his warrant, in the Form A, to apprehend such person and cause hiui to be brought be- fore the same or some otiier Justice of the Peace having jurisdiction as such in the Territories. 2. Upon the person charged as aforesaid being broughi before a Justice of the Peace, as in the next preceding seo- tion provided, the said Justice shall proceed to hear such evidence under oath as may be adduced with reference to the alleged insanity of the pri.'-oner, adjourning the enquiry from time to time, as may be necessary for the purpose, and remanding the prisoner meanwhile to prison or other safe custody, in which latter case all reasonable expenses shal be defrayed from tlie General Revenue Fund. 3. If after hearing the evidence adduced the Justice of the Peace is satisfied the prisoner is insane, such Justice fihall commit by warrant, in the Form B, the prisoner to the gaol at or nearest the seat of Government in the Terri- tories,'there to lemain until the pleasure of the Lieutenant- Governor is known. Or until the prisoner is discharged by law, and shall forthwith make a 3'eport of the ease, iiccom- panied with a true copy of the information and evidence 44 Insa/m Persons. taken, to the Lieutenant-Governor, who shall have power, if he sees fit, to order further enquiries to be made. 4. But in case it appears to such Justice that such prisoner is not insane, the Justice shall discharge him. 3. The Justice of the Peace, acting under the provisions of this Ordiuiince, shall have the like authority for compel- ling the attendance of witnesses as such Justice would hava under any law or statute in force respecting summary con- victions. FORM A. {Vide Section 1.) Casada, 'j V To all or any of the OonstableB or other North- West Territories, j Peace Officers of the said Territories. Whereas information upon oath hath this diy 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 cjmniand you to apprehend the said and being hira (or her) before ma or some other Justice of the Peaoa in and hy- th3 Siid Territories, in order that enquiry may be made res- peoiiug the smity of the said and that he (or she) niiy be further de:ilfc with according to law. Given under my hand and seal this day of L.T). 18 , at in the said Territories. J.P. [L.S.] FORM B. {Vide Section 3.) Caitaba. 1 To all or any of the Constables or other Peaca > Oifioers in the said Territories, and to the North-Wesfc Territories J North- West Mounted Police Force at or the Keeper of the Common Jail at Whereas information was laid before mo (or as the case 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 esnquiiy has been made by me respecting the sanity of the said Insane Persons. 45 • and whereas 1 have found and adjudged bhe said to be iiusane ; These are therefore to ooinmtind you, the said Constables or othar Pe.iC6 Officers, or any of you, to tike the said and safely convey to the North- West Mounted PoUoe or to the keeper of the Oommon Qiol at and to deliver to tha Police aforesaid, or to the said keeper, together with this Precept; and I do hereby command the said PoUoe Force, or the keeper of tiie said Gaol, to receive the said into custody, and safely keep until the pleasure of the Lieutenant-Qovemf* be known, or until the said shall be discharged by lays. Given under my hand and seal this t,^ it""'" day of A.D. 18 , at in^^the Nprti West TOTritoriea. J.P., [I..8J 4t6 Mumicipalities. CHAPTER 8. AN ORDINANCE RESPECTING MUNICIPALITIEa Title, s 1. Doliiitiiias, 3. .2, sub-seos. 1 to 13 in- clusive Incorporation, s. 3. Head and M'jmbsr of Council, s. 4. Style of iVLinicipalities, s. 5. Se;i.l, s. 6. Arj.i, s. 7. Erection JSfew Municipalities, s 8 Proclaiming Mrnicipality and Ex- penses, ss. 9 and 10. Contents of Proclamation and In- corporated Powers, s. Hand 12. Eeturning Officer, s. 13. Election Clerks, s. 14. Posting Notices, s. 15 Deputy Returning Officer, s 16. Qualification of Voters, First Elec- tion, s 17. Oaths, s 18 Who may be elected, s. 19. Proceedings at Subsequent Elec- tions, s. 20. Who may vote, s. 21. Who may be Elected, s. 22. Who are Disqualified, s 23. Polling Sub-Divisiuns, s. 24. Meeting for Nominations, s. 25. Proceedings at same, s. 26. Wlien more than required num- ber nominated, s 27. Notice, s 2S. C indidate may withdraw, a. 29. Ho'irr; cjf Polling, s. 30. Agent, s 31, Pule of Voting, s. 32, O.ith Siib^c(iuent Election, s 33. Poll Clerk, s :ii. Ballot, ss 35, 30, 39, 41 Pa^lot r.oxcf., ss .'>7, 33, 42. Votev.s' Li!'b',, s. 40 Priic'jcdings at the Poll, s. i", sub-SL'Cs 1 to 14 inclusive. After (;l()se of Poll, s 44, sub- s;c'. 1 to 6, inchiKive. DcolaringRosult, ,, 45 sub-sec. 1. Clerk to transmit Ballot Box^ and Returns, s. 46. Oath of Officers, ss 47 and 52. Destruction of Ballot Papers, s. 4?. Inspection '• " s. 49. , Paymentof Election Expenses, s. 50. Voters' lists for Wards, s. 51. Clerk of Municipality to be Ra^ turning Officer, s 53. First Meeting of Council, b. 54. Duties of Clerk, s. 55. Powers of First Council, 8. 56. Jurisdiction of Council, ss. 57, 59. Quorum, 8. 58 Licensing Ferries and Bridges within Municipalities, a. 60. Extra Powers of Council, a, 61. Indemnity to Councillors, s. 62. Appointment of Officers, s. 63. Term of Office, s. 64. Tenders for Appointments forbid- den, s 65. Security from Treasurer and Col lector, s. 66. Penalty, s. 67. General Powers of Council, s. SSj sub-sees. 1 to 55 inclusive. I'enalties, s. 69. Petition to raise money, a. 70. I 'ouncillors, s. 71. Death or removal, s. 72. Vacancies, s. 73. Chairman, ss. 74 to 77 inclusive. Clerk, ss. 78 to 83 inclusive. Taxation ss. 84 to 87 inclusive. Exemptions, s. 88, sub-sees. 1 to 11 inclusive. Rates, ss. 89, 90, 96, 97. Trustees of School District, a. 91. Deficiency, ss. 92, 93. Excess, s. 94. General Fund, s. 95. Statute Ltibor, ss.98 tol04inclu3iT9. AssoKsmout ss 105 to 112 inclusive. Appeals and Revision of RoU, u. 113 to 120 inclusive. AIiinicip((lifies. Collectors and their Unties, ss. 121 to 130 inclusive. Unpaid taxes, ss. 1.11 to 133. Distress, s. 134. Treasurer, ss. l.'>j 135. Return of OiJlector's Roll, s. 137. Arrears, ss. 13S to li3 Treasurer, ss. 141 to 144. Auditor, ss. 145 to 14'-\ Road Overseers, ss. 14-1 to li52. Yoters' Lists, ss. 153 to 159. By-laws, ss. 160 to 174 inclusive. By-Luvs for creating debts, s. 175. Quashing By-law, ss. 176 to 178 inclusive. Order for Qnashing By-law, s. 179. Proceedings stayed, s. 180. Where illegal, s. 181. Amends, s. 182, Not set aside unless corrupt prac- tice proven, s. 183. The Lieutenant-Governor, gon.'ient of the enacts as follows Legislative Corrupt Practice, s. 184. Intimidation, s. 185. Expenses, s. 186. Bribery, s. 187. Penalty, ss. 188 and 189. Duties of Judge, s. 190. Duties of Clerk, s. 191. Witnesses, ss. 192, 1'I3. (Jiia l\',irnni!:>. k. 1')4. C ontroverted J'iLjctions, ss. 195 to 215 inclusi?'j. Sale of Land for Taxes, ss. 21C to 2.J('>. Execution against Municipalities, ss. 237 til 238. Arbitrations, ss. 239 to 256. Oaths and Declar.itions under Or- dinance, ss. 207 to 260 inclusive. Penal Clauses, ss. 261 to 266 inclu- sive. Towns, ss. 2ii7 to 277 inclusive. by and with the advice and Assembly of the Territories, ! . This Ordinance may be cited as " The Municipal Ordinance." t. Unless the context otherwise requires, — (1.) " Municipality " means any locality, the inhabitants of which are continued incorporated or become so under this Ordinance ; (2.) " Council " means the Municipal Council ; (3.) " Mayor " means the head of the Council of a town Municipality, and " Chairman " means the head of tha Council of every other Municipality, or the person filling for the time being that position or that of Mayor; (4.) " Land " or " lands," '' real estate," " real property," respectively includii.s lands, tenements and hereditaments, or all rights thercfco or interest therein ; (5.) '' Elector " means any person entitled for the time feeing to vote at any municipal election or in respect of any by-law in the municipality, ward or polling sub-divisions, as the case may be ; (6.) " Owner " or " Proprietor " means a person who has the ownership or use of any taxable pi-operty, or has an ngreement for the purchase of the same ; 48 Municipalities. (7.) " Householder " means the occupier of a house, but shall not mean nor include any person who is a mere lodger or boarder in a house ; (8.) " Occupant " means a person who possesses, holds ot occupies any land under any title whatsoever, or even with- out a title, or is occupying lands of the Crown under any style of location, agreement or tenure whatever; (9 ) " Lot " means one of the sub-divisions into wMch a piece or parcel of land has been divided, for purposes of Bale, into smaller parcels, including the buildings and other improvements thereon; (10.) " Revised Assessment EoU " means the assessment roll as finally passed by the Court of Revision and certified by the Cleik, except in so far as tho same may be furthesr amended on appeal to a Judge of the Supreme Court ; ^11.) " Taxable person " means — (a.) Any person leceiving an annual income, or the owner of any personal property not exempted from taxation ; (&.) The owner of lands not exempt from taxation, where the same are occupied by the owner or unoccupied ; other- wise the occupant ; (12.) " Judge " means a Judge of the Supreme Court of the North- West Territories, usually exercising jurisdiction in the Judicial District in which the Municipality is sit- uated ; _ (13.) " Highway," " Road," or " Bridge," means a public highway, road or bridge' respectively. MUNICIPALITIES CONTINUED. S. The inhabitants of every municipality incorporated previous to the commencement of this Ordinance shall con- tmue to be a body corporate under its existing name, sub- ject to the provisions of this Ordinance. 4. The head and members of the Council, and the offic- ^P' }^J-}^^^; contracts, property, corporate seal, assets and liabilities of every municipal corporation, when this Ordin- ance takes eflect, shall be deemed the head and members of the Council, and the officers, by-laws, contracts, pioperty, corpoiate seal, assets and lialjilities of such corporation, as contmutd under and subject to the provisions of this Ordinance. Municipalities. 48 STYLE OV JIUNICIPALITIKS. , 5. The name of every body corporate erected under thici Ordinance shall be the Municipality of (liis/'rting the. nmae, of the hiwnicipality.) SEAL. ' ■ C Eveiy Municipality continued or erected under tjiis Ordinance t-hall have a corporate seal, which .shall be in tae custody of the Clei'k of the Municipality, and said seal shall be chosen by a res(jlution of the Council. AREA OF MUNICIPALITIES. T. Each Municipality, of not more than four hundred Square miles, shall be entitled to and elect five Councillors, and each Municipality of more than four hundred square miles shall be entitled to and elect seven Councillors. ' ERECTION OF NEW MUNICIPALITIES. 8. In any part of the Territories not comprised within the limits of an existing Municipality, any number of male British subjects, over twenty-one years of age, who have been owners or householders in the area, not being less thaii two hundi-ed square miles, proposed to be established as a Municipality, for a period of three mouths U(3xt preceding the date of the petition, may by petition, in the form A of the Appendix to this Ordinance, request the Lieutenant- Governor to erect such area into a Municipality. But this section shall not apply to the incorporation oi" Town Municipalities. 9. Upon proof by affidavit in the form B of the Appendix to this Ordinance that at least two-thirds of such persons have signed such petition, and that public notice^ in form C of the Appendix to this Ordinance, of such intended appli- cation, signed by three of the petitioners, has been posted Ib three different places within the proposed area, for at least two weeks previous to the receipt of the petition by the Lieutenant-Governor, and no opposition being offered, and there appearing no just or reasonable ground for refusing such incorporation, the Lieutenant-Governor shall proclaiiB the area a Municipality by the name proposed or some other suitable name. But if such petition be disputed by any 50 MunicvpalitieK person entitled to petition as aforesaid, within such area, on affidavit, stating the facts, or if it appear to the Lieutenant- Governor that the proposed boundaries of such Municipahty are objectionable for any cause, then the Lieutenant-Gov- ernor shall refer the petition and all matters connected therewith to the Legislative Assembly. I®, The sum of one hundred dollaj'S shall accompany every petition for incorporation, and such sum shall be used to defray the expenses attending the erection of the Muni- cipality, and any portion not expended for such purpose shall be, by the Lieutenant-Governo)-, paid to the Treasurer of the Municipality when formed. II. Such proclamation shall set forth the townships and ranges or parts thereof and lots in special survey included in said Municipality and the name of such Municipality. \%. From and after the issiiing of a proclamation erect- ing a Municipality, the inhabitants of such Municipality shall become a body corporate, under the provisions of this Ordinance, capable of suing and being sued, and of acquir- ing, holding and conveying every description of property under the name of such Municipality. FIRST ELECTIONS. 13. After the issue of the proclamation, the Lieutenant- Governor shall by order appoint a Returning Officer to hold the first election for Councillors, and in case of his death or refusal to act, appoint another. 14. The Returning Officer so appointed shall appoint an Election Clerk, who shall ha\'e the powers of such Return- ing Officer in case the Returning Officer becomes unable from any cause to perform the duties of his office. 15. The Returning Officer shall, immediately upon re- ceipt of the order appointing him, endorse thereon the time of its receipt, and shall within one weok therenfter issue and post up, in at least six conspicuous places within the limits of the Municipality, and not less than six days previous to the day fixed for nomination, calling for an election of the Mu?iicipalities. 51 first CouQcillors thereof, a notice, in form D of the Appendix to this Ordinance. 16. The Returning Officer shall appoint a Deputy Re- turning Officer for each polling place within the Munici- pality, and each Deputy Returning Officer may appoint a Poll Clerk. 1 7. All men, unmarried women and widbws, being Britisli subjects over twenty-one 3-ears of age, who have been own- ers or householders within the Municipality for a period of not le-s than three months next preceding the day of vot- iniT, shall be entitled to vote at first elections. 1 8. At the request of anj- candidate or his agent, or any voter, the following oath shall be administered by the Deputy Returning Officer to any person tendering liis vote at such first election : You do soleiiinly swear that you are a British subject over twenty- one years of age ; that you have been an owner or a householder (as the cane tmy be) in this Municipality for a period of not less than three months ne\t preceding this date; and {if a wim,aii) that you are un- married or a widow. 19. Any person residing in the Municipality and qualified to vote at the first election and not other-wise disqualified under the provisions of this Ordinance may be elected at such first election. ?^0. In other respects the proceedings at such first elec- ' tion, and the duties of Returning Officer, Deputy Returning Officer and Poll Clerk, relating thereto, shall substantially conform to the proceedings at subsequent elections for Municipal Councillors. SUBSEQUENT ELECTIONS. 31. The persons qualified to vote at any election for Municipal Council'ors after the first election shall be the men unmarried women and widows, being British subjects over'tvv>nty-one years nf age, who are assessed upon the last revise vote have been made in the voters' list, in the manner prescribed, tlie Deputy Returning Officer shall stamp or sign ♦iis initials upon the back of the ballot paper, and shall de- liver the same to such persoj;. (6.) The Deputy Returning Officer may, and upon request .•shall, either pei-sonallv or through his Poll Clerk, explain to Vug voter, as concisely as possible, the mode of voting. ^;) The Deputy Returning Officer shall cause' to be placed ill the proper column of the voters' list, a mark opposite the ■name of every vrtter receiving a ballot paper. (8. > OnlyoDo pei-son claiming to be entitled to vote shall h:V allowed at a timt.' iu the appartment, where the election .-held. (9.) Each pei'scm recei^'ing a ballot paper shall forthwith |vi:oceed into the compartment provided for marking ballots, and shall mailc his Ijallot paper hy placing a cross opposite 'the name of the eanditate or candidates for whom he desires to vote; he rshall then fold the ballot paper so as to conceal' th-C names of the candidates, and the mark.-, on the face of the paper, but so as to expose the initials of the Deputy f^eturning Officer, and on leaving the compartment shall forthwith and without exposing the face of the ballot paper lo 'anyone, O'r in any other manner making known to any Mnvicixialities. 57 person for or against wliom he has voted, deliver the same to the Deputy Returning Officer, who shall, without unfold- ing it, verify his own 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. (10.) While any voter is in the compartment for the pur- pose of marking bis 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, in- the presence of the candidates or their agents present, if requirecl 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 Depiity Returning Officer shall state, in the voter.s' list, opposite the name of such elector, in the column for remarks, the fact that the ballot paper was marked by ]\im at the request of the voter, and why. (12.) Any elector, wdio 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 returned the word " Cancelled," and all ballot papers so marked shall be pre- served by th(> Deputy Returning Officer, and Ijy him re tui'ned to the Retui'ning Officer in the manner hereinafter provided. (13.) Any person, who has recei\ed a ballot papei- and who leaves the polling place without delivering the same to the Deputy Returning Officer in the manner herein provid- ed, or if, after delivering the same, refuses to vote, shall forfeit his right to vote at the election then pending, and the Deputy Returning Officer shall make an entry in the voters' list, opposite the name of such person, in the column for remarks, that such person received a ballot paper and did not return the same, or that the person returned the ballot and declined to vote, and in which latter case the Deputy Returning Officer shall mai-k iipon the face of the ballot paper the word " Declined," and all, ballot papei-s so 58 Mionicipalities. marlced shall be picserved by the Deputy Returning Officer, and by him returned to the Returning Oificer in the manner hereinafter pi'ovided. (14.) Any Deputy Returning Officer, Candidate, Agent or Poll Clerk who belongs to a polling division other than the one in which he is performing the duties of such, may vote at the polling station where he is so engaged, provided he produces a certificate from the Clerk of the Municipality that lie is a qualified voter within the same. 44. Immediately after the close of the poll the Deputy Returning Officer shall, in the presence of the Poll Clerk, if thei'e be one, and such of tlie candidates, with their agents, (of whom there shall not be more than two for any can- didate), 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 ballcjt 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 can- didates for said office ; (2.) Take a note of any objection made by any candidate or his agent to any ballot pape? found in the ballot box and decide on any question arising out of the objection ; {'Pi.) Number such objection and place a corresponding number 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 candiilate and of the number of ballot papers rejected and not counted by him, which statement shtill be then signed by him, and such other persons authorized to be present as may d^ sire to sign the same ; (o.) The Deputy Returning Officer shall then certify under his own hand in full words on the voter's li'^t the total number of persons, who ha\-e voted at the polling place at which he is appointed, and make up into ,'^eparate packi^ts : — Municipalities. 59 («.) The statement of votes given for each candidate and of the rejected ballot papery ; (b.) The used ballot papers, which have not been objected to, and which have been counted ; (c.) Tlie 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 seals of any peisons present desiring to^affix their seals thereto, and marked on the outside with a memoran- dum de-ignating their res[)ective contents, shall by the Deputy Returning Officer be transmitted foithwith to the Returning Officer ; (6.) Every Deputy Returning Officer, upon being request- ed so to do, shall give to the persons authorized 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. 45. At the time and place fixed for declaring the result of the election, the Returning Officer shall open the packet containing the statement of the number of votes given for each candidate, and shall publicly declare elected the candi- date or candidates who have received the highest number of votes, 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 ; (I.) In case it appears 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 one or more of such candidates, so as to decide the election, and except in such case the Returning Officer shall not vote. GENERAL PROVISIONS. 4C After the election, the ballot boxes, packets and re- turns shall be tran.smitted to the Clerk of the Municipality, or if it be a first election, then to the Returning Officer and by him delivered into the custody of the Clerk, so soon as one is appointed. The Clerk shall be responsible for their safe keeping and for their delivery when required. 00 Municipalities. 41. Every Rb turning OfBccr, Deputy Returning Officer, Poll Clerk, Candidate or Agent authorized to be present at any polling places shall, before exercising any of the func- tions of such Returning Officer, Deput}' Returning Officer, Poll Clerk, Candidate or Agent at any polling place, take and subscribe liofore a Justice of the Peace or the Clerk of the Municipality an oath in ioxva as follows : — " T, 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 the A D. 18 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 discovery of the same and that I will keep secret all knowledge which may come to mo of the person for whom any elector has voted. So help me frod. 48. The Clei-k of the Municipality, having retained for tliree months all ballot and other papers transmitted to him as aforesaid, shall then destroy the same, unless otherwise ordered by a Court or Judge of competent jurisdiction. 4J). No person shall be allowed to inspect any ballot papers or other documents or papers other that the voters' list used at an election in the hands of the Clerk, 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 present thereat. 50. All reasonable expenses incurred at any election under this Ordinance shall be jDaid by the Municipalitj^ upon production of accounts verified as the Council of said Muni- cipality may direct. 51. In case a Municipality be divided into wards, the voters' list for each ward shall contain the names of only those persons who are entitled to A'ote in such ward. 53. Every Returning Officer, Deputy Returning Officer, and Poll Clerk shall, before entering upon the duties of his office, make and subscribe before a Justice of the Peace or Notary Public the following oath, that is to say : I do solemnly swear that I will truly, faithfully and to the hest of my knowledge and ability perform the duties of the office of (here name the oJtioe) to wliich I have been appointed for the Municipality of So help me God. Municipalities. 01 And .such oath sliall forthwitli lie traiisniitti'd to the Uo turning Officer. 53. The Cleric of the Municipality shall lie, excejit as hereinbefore provided or unless otherwise directed by by- law of the Council, Returning Officer of the Municij)ality ; and any Returning Officer may exercise and perforin the powers and duties of a Deputy Returning Officer at any (jne polling place in the ilunicipality to l^e selected by such Returning Officer or as directed liy the Coimcil. COUNCILS. DUTIES .VXD I'DWERS. 54. The first meeting of the (Jouncil so elected shall be held on the third Monday in Januaiy in each year and the Council of the previous year shall hold office up to the first meeting of the new Council, notAvithstanding the fiscal yeai- expires on the thirty-first day of December in each year, &:v\ in case of neglect or refusal of the electors in a Muni- cipality to elect a Council, as hereinbefore provided, until a new Council is appointed under the provisions of this Ordi- nance. 55. At the first meeting of the Council, except in the casi; of a newly erected Municipality, the Cderk of the said M.unicipalitj' shall att(!nd, and li.ning received from the Councillors elected for the tlieu cui'i'eut r-erm their certifi- cates of election c.nd oaths of office, shall preside as chair- man at such meeting, until the said Councillors, by open vote, have elected a chairman, and in case of a tie the Clerk .shall give a casting vote. In the case of a newly erected Municipality, the Return- ing Officer, appointed to hold the first election of Councillors .shall perform the duties of this section imposed upon the Clerk of the Municipality. 56. The first Council, if elected at any time after the first Monday in January, may, by resolution or by-law, alter, extend or curtail the time within which, or at, before or after which, any act, privilege or duty is required to be done, exercised or performed by such Council, or any of its officers or any other person. 51. The jurisdiction of each Council shall be confined to 62 Municipalities. the Municipality for which it is elected, unless authority is given otherwise by Law, anil the powers of every Munici- pality, shall be exercised by the Council. 58. A majority of the Council shall be a quorum at any meeting, but 'ivhen the Council consists of only five mem- bers the concurrent votes of at least three shall be necessary to carry anj- resolution or other measure. 59. Every Municipality shall have jurisdiction over all highways within the same, and the Lieutenant-Governor may give a Municipality jurisdiction over any highway, bridge or stream dividing Municipalities, or adjacent there- to when not dividing Municipalities, and may determine what portion of highway, bridge or stream dividing Muni- cipalities, shall be within the jurisdiction of each. ttO. Municipalities may control and license Ferries and Bridges erected or authorized by them within their juris- diction and pass by-laws allowing the collection of tolls thereon for periods not exceeding five years. 61. Every Council may make regulations and by-laws — not provided for by this Ordinance and not contrary to Law — for governing its proceedings, calling meetings, the con- duct of its members, appointing committees, and generally such regulations as the good of the Municipality nvaj re- quire, and may i-epeal, alter and amend its own bj'-law.s, except where l)y-laws are made for the purpose of raising money, levying assessments or striking rates. <»3. Every Council may pass a by-law for paying the members thereof, which shall in no case exceed the sum of one dollar and fifty cents per day and ten lents for every mile necessarily travelled co.niug to or attendiiig the busi- ness of fclie 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 ei^ht. 63. The Council of every Municipality shall, so soon as may be convenient after the ;inuual election, appoint as many assessors and collectors for the Municipality as may be necessary, also a treasurer and auditor or auditors ; and Municipalities. 63 may from time to time appoint road overseers, pound-keep- ers and constables. {'2.) If more than one assessor or collector be appointed, the Council shall assign to such assessors and collectois the district or districts within which thty shall act. 04. All Municipal Officers, as aforesaid, shall hold office until lemovcd by the Council, or as expressed in their ap- pointments. 65. No Municipal Council shall make any appointment to offi -e or arrangement for the discharge of -the duties thereof by tender or to applicants at the lowest remunera- tion. <»€. The Municipal Council, in addition to defining the duties of its ofHcers, shall exact security from the treasurer and collector and such other officers as they may deterniine, for the faithful performance of their duties, and it shall be the duty of every Council at its first meeting, or within a reasonaole time thereafter, to examine and renew the securi- ties given by its officers. 6T. Municipal officers shall be liable for their acts, and for damages arising from their refusal or neglect to dis- charge their duties to the muniLipality, in addition to penalties imposed by violation of any of the provisions of this Ordinance. 68. The Council of every Municipality may pass by- laws for : — (1.) The raising of its revenue by assessment on real and personal property and income ; authorizing 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 can be collected, and the collection and expenditure of the same ; (2.) The prevention of cruelty to animals, not being in- consistent with any Statute or Ordinance in that behalf ; (3.) Granting aid to Agricultural Societies ; (4.) The prevention or removal of abuses prejudicial to agi'iculture not otherwise provided by law ; (o.) The relief of the poor ; 64 Municipalities. (6.) Appointing policemen, watchmen and patrols, and regulating and defining their duties ; (7.) Remunerating its officers. (8.) The encouragement of the planting of treeis on prairie lands, or highwaj^s or other public places; and re- muneration for the same Ijy commutation of statute labor ■or otherwise : (9.) Taking the census of the Municipality ; (10.) Public morals, not otherwise provided for by Law ; (11.) Public health; the creating of a board of health and defining its duties ; (12.) Sub-dividing the il unicipalit \- into Wards, and pro- viding for the election of one or more Councillors for each ward ; but no Council shall have power to sub-divide the Municipality into wards, unless the members thereof have bec'U elected on a revised assessment roll ; (13.) Laying out, opening changing, closing, building, extending and maintaining highways, roads, bridges, streets, alleys and by-ways, and to expropriate lands therefor ; (14.) The erection of halls, lock-ups, weigh-houses, mar- kets and such buildings, as may be beneficial to the Munici- pality, and to expropriate lands therefor ; (15.) Tlie establishment and regulation of public markets a,nd imposition of penalties for light weights,short measure- m(;ut and anj' breaeli of contract in public markets, and restraining selling on the sti-cets ; (16.) E^tnljlishing Municipal scales for weighing or measuring, and compelling the wcigliing or measuring thereon or thereby of anything sold by weight or measure- ment in the public market, and establishing and 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 rei.) Restr.iiniiii;' and re,i;ulatiug the runi.ing at laige or trespassing- of any animals and providing for impounding them.a'id for causing tliem to bo sold iu case they aie not claimed within a reasonable time, or in case the dnmages, fees and expenses are not paid ; 6S Municipalities. (o2.) Appraising the damages to be paid by the owners of animals impounded for trespassing ; (hS.) Determining tiie compensation to be allowed for services rendered in carrying out the provisions of any by-law with respect to animals impounded or dis'rained amd detained in possession of the distrainor ; (54.) Compromising on such terms as may be agreed upon for the payment of arreai'S of taxes ; and generally to make and establish all such by-laws for the government and good order of the Municipality, and the suppression of vice and immorality, protection of property, and the promotion of health not iiiconsisteiit with the Law. 69. Whenever any Municipal Council has any authority to direct, by bj'-law or othei'wi.'-e, that any matter or thing shall be done by any person oi- coi-poration, such Council may also, by the same or another by-law, direcK that in default of its bein.g done liy the j^ei-son or corporation, such ma,tter or thing shall he. done at the expense of the person -or corporation in default, and tlic MimicipnJity may recover the expense thereof, with- costs. V)y action in n.ny Court of competent jurisdiction. T®. In. case t'le majority of, the resident ratepayers of any portion of a Municipality, dividi^d into ''Lots," petition the Council iheieof, settiny- i'ortli the ilcsire of such resident ratepayers to incur a debt or liability j'.rpayable in the financial year, the Council m;iy by by-law levy a special rate against all the property within the area (wliich shall he described in the petition), as set forth in such petition, ' and such rate shall be colle^'table as all other riites assessable by the Municipality. COUNCILLORS. T8. Municipal Councillors shall hold office as provided in section 54 hereof, exc.'pt where the first election for the Municipality takes place after the ?,Oth day of June, in which case the Councillors elected thereat shall hold office until the first meeting of their successors duly elected. Ta. In case of the death or removal of any Councillor, or in the event of a vacancy occurring in the Council from ^y cause whatsoever, the Council at its next meeting shall order an election, and the member so elected shall hold Municijjaliti'Cs. 69 otSce for the unexpired period of the member, whose place he was elected to till. 13. In the event of any Councillor refusing or neglect- ing 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 f torn the Council by a majority vote of the same at a rL'gular meetmg of the Coun- cil, which permission shall in no case be for a longer period than six months. CHAIRMAN. T4. The Chairman shall preside at all meetings of the Council, preserve order, and enforce the rules of the Coun- cil, sign all orders or cheques on the Treasurer duly passed by the Council: be vigilant and active at all times in causing the by-laws of the Municipality to be put in force- and duly executed ; inspect and report to the Council on the coadact of the officers of the Municipality; cause, as far as may be in his power, all negligenoe,'carelessaess or viola- tion of duty, to be prosecuted and punished ; communicate from time to tiint' to the Council any information and make' such recommendation as will tend to the improve- ment of the tinances, health, security and comfort of the Municipality. 15. The Chairman shall call special meetings of the Councd, whenever requested to do so by a majority of the same in writing, and all the members thereof shall be duly notiiied of the time and place of holding the saaie at least, two days previous to the holding thereof. Except in ths case of towiis, where a simple notice of the time and place of holdins' the same shall be deemed sufficient. T6. The Chairman of 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. TT. In the event of the absence of the Chairman from any meeting, the Council shall elect another from amongst themselves, who shall have all the powers of the Chairman at such meeting. 70 Municipalities. 18. The Council at its first meeting shall appoint a Clerk, who shall hold office during pleasure. 79. The Clerk shall attend all meetings of the Council, truly record all resolutions, decisions and other oroceedings of the Council, and, if required by the Council, shall i-ecord the name of eyery member voting, and whether aye or naj', on any question coming before the Council ; he shall keep the books, lecovds and accounts of the Council and shall preserve and file all accounts acted upon by the Council. and. sliall keep the original or certified copies of all by-laws of the Council as directed by by-law. 80. The Clerk shall make a collector's roll or rolls, as the case may be, containing columns for all information required by this Ordinance to be entered by the Collec'or thei'ein, in which lie shall set down in full the name of every person assessed, his post office adihv^s, as shown by the asses'-ment roll, and the assessed value of his real and personal property and taxable income, as ascertained after the final revision of the assessment roll ; and si all calculate and set down opposite the name of each party so assessed and under tlie columns headed " Statute Labor Fund," " S.pecial Eates," " Debenture Fund," " Local Rate," and " School Hate," or as the case may be, the sum for whirh he is chargeable on account o£ such rates and in the column headed " Total " the total amount of rates for which he is liable ; and the Clerk shall deli\'er the roll certified under his name to the collector or collectors, on or before the first day of Ocfol er, or such other day as may be prescril ed by by-law or resolu- tion of the Municipality. 81. The Clerk shall also make out a roll, which shall be a copy of the non-resident land assessment roll as finally revised, and shall enter therein opposite to each lot or parcel of land all the rates or taxes w-th which the same is charge- abl". for the current year, in separate columns, and shall deliver the same to the Ti easurer on or before the fij'st day of October or as may be presciibed by b;, -law or resolution of tlie Municipality. 8^. The Clerk shall, at the meeting of the Council immediately following the receipt of the auditor's report, submit the same to-the Council, who shall finally audit and Muniidpalities. 7i pass the accounts of the Treasure!- and collectors and all otlier accounts chargeable against the Municipality, and in eise of charges not regulated by by-law, the Gouneil shall allow what is reiisonable 83. The Clerk shall, within one week after the final revision of the assessment roll, deliver to the road oversea- or road overseers appointed by the Ck)uncil, a list of iiJl parties assesst-d and liable for statute labor within their res- pective divisions, and the amount of statute labor for whicli each of such parties is liable. PROPERTY LIABLE TO TAXA'JION. 84. All municipal, local or direct taxes or rates si idl, where no othci- express pi'ovisiori has been made in this respect, lie levied equally upon t^ie whole rateable property, real and personal, of the Municipality, according to the assessed value of such ]jvoperty, and not upon any one ac more kinds of property in particular, or in different p)x>- portions. 85. All land and personal property and income in tise Ten'itories shall be liable to taxation, subject to the exemp- tions hereinafter mentioned. '■c^ij. The real estate and personal piopeity of all railwaj' companies liable tn assessment is to be considered as ths property of ratepayers within thi^ Municipality. 8T. The interest of every person or corporation in unj lands, the fee of ^vhich is in the . Crown, shall lie liable to assessment. EXEMPTIONS. 88. The following shall b^ exempted from taxation ;-t- (1.) All property held bj' Her Majesty or specially ex- empted by the Parliament of Canada or for the public use of the Government of the Territories ; (2.) All projjerty held by, or in trust for, the use of any trii)e of Indians or the property of the Indian Department; (3.) Where any pioperty mentioned in the preceding clauses is occupied by any person othei-wise than in rai 72 Municipalities. official capacity, the occupant shall be assessed in respect thereof, but the property itself shall liot be liable ; (4.) The lands not exceeding one Lalf acre and the build- ' ings thereon of all public schools, universities, collegiate institutes, or incorporated seminaries, being public property, so long as such property is actually uscmI or held for educational purposes ; (5.) All property beloiigiiii;- to the Municipality, when held and occupied or in the use of the corporation and the personal property l)clonging to the same ; (6 ) Jails and court houses and the necessary land attached thereto ; (7.) Churches and the land in connection therewith not exceeding one-half acre. Orphanages, Poor Houses, Houses of Industry, Asylums being public institutions and the per- sonal property connected therewith ; (8.) The books of every piiblic library ; (9.) The income of a fanner deriveii from his farm, and the income of merchants, mecluxnics and other persons, de- rived from capital liab](; to taxation ; (10.) Grain in transitu, household effects of evei y kind, books and wearing apparel ; , Q.\.) The increase in the value of the laud by reason of the cultivation thereof together with the growing crops. RATES. 89. The Council of every Municipality shall every year, ore or before the tifteenth day of July, uiake estimates of all sums which may be required for the lawful purpo.ses of the Municipality for the year, or that part thereof for which the sums are required to be levied, making due allowance for the costs of collection and abatement and losses which may occur in the collection of the taxes on the lands ni non-rcsidi-nts. 90. The Council of the Municipality sh;iU pass a by-law authorising the levying and collecting of a rate or rates of ffo much in t'le dollar on the assf-.scd value of the property tlierein as the Council deems sufficient to raise the sum re- quired in such estimates, but in no case shall the rate im- posed exceed two cents on the dollar of the asse.ssment in any year, including loe.J and special rates, but not includ- ing .school rates Municipalities. 7^ * 91. The Trustees of any school district, any portion of which is situated within a Municipality, may demand of the Council of the Municipality that the amount for which the school district, or the part thereof situated within the Municipality, is liable for school purposes, shall be imposed and collected by the Municipality, and tlie lands and property of persons liable for such amounts shall be assessed, and the same shall be collected as other rates by the Municipality. 9?S. [f the amount collected falls short of the sum re- quired, the Council may direct the deficiency to be made up from any fund belonging to the Municipality, except sink- ing funds to retire debentures. 5>3. If there be no unappropriated funds, the deficiency may be deducted from the sums estimated as required, or from any one or more of them. fJ4. Shoula. the amount collected exceed the estimates, the sum in excess shall form part of the general fund of the Municipalit}^, and shall be at the disposal of the Council. 95. Iti cases where the amount collected has been on account of some special purpose, and is not required foi' such purpose, it shall also form part of the general fund of the Municipality. 96. The taxes or ivites imposed in any j^ear shall be deemed to be due on the first day of January of the then curient year. m. The Council may from time to time extend the time at which all taxes shall be paid, but not beyond the first day of March following the year for which the assessment was made, STATUTE LABOR. 98. Every person assessed upon the assessment roll of a Muaicipality, other than that of a town, shall, if his prop- erty be assessed at not more than five hundred dollars, be liable to one day's statute labor, and for every five hundred dollars or part thereof in excess of said sum, to an additional day's statute labor. 74 Municvpalities. 99. Every other male inhabitant of the Municipa^ty, other than that of a town, of the age of twenty-one years'. or upwards, and under the age of .sixty years, not assessed as herein provided, shall be liable to one day's statute labor. 100. Every person liable to statute labor as hereinbe- fore provided, may commute the same at the rate of two dollars per day. 101. Persons assessed as non-residents shall be deemed to have commuted the statute labor for which they arte liaVjle at the rate of two dollars per day, and the amount of the commutation shall be a charge, and shall be collectable against real property, goods and chattels of non-residents as other rates '■'' 10/J. Every other jierson liable for the perfoi-mauce of statute labo)- under this Ordinance shall, within foui-teen days after the final revision of the assessment roll, notify the Clerk of the Municipality, in writing, of his intention to commute the same by the payment as hereinbefore provid- ed, or failing so to do, he shall be bound to perform the amount of statute labor imposed upon Lim, as the road over- seer may direct. 103. The Council of any Municipality, other than that of a town, may, by by-law, commute tjie statute labor of any person or persons resident within the Municipality with regard to any certain specified property^ for a (eim of years, in consideration of statute labor to be perfoiined in any one year. I'04. A-^y person liable to pay any sum for statute labor commuted as aforesaid shall pwy the same to tlie collector appointed to collect the same, ^vithin seven days after the demand thereof hj 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, with costs of the distress and sale, and if no sufficient dis- tress can be found, tlien 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 di.stres.s, and in default of payment at such time as the convicting Justice may Municipalities. 7. 5 ■ order, such defaulter shall be eoinmitted to the lock-up house of the Municipalitj^ or to the nearest common gaol, and be there put to hard labor for any time not exceeding ten days, unless such penalty and costs,' and costs of the warrant of commitment, and of conveying the said person to gaol, be Booni-r paid. ASSESSJIENT. 105. The assessor or assessors shall prepare an assess- ment roll as in the form J of the Appendix to this Ordinance, setting down in each column, as accurately as may be after diligent enquiry, the infoi-mation called for by the heading thereof. The assessor or assessors shall prepaj-e a separate asses'iinent as in form K of the Appendix to this Oidinance. regarding the lan:ls, whether owned by individuals or cor- porations, of non re-^idents wdiose names cannot Le ascer- tained, entering in the proper column of such roll the information required by the respective heading thereof. I®!. Every assessor shall, before delivery of his roll to the 'Jli-rk of the Municipality, deliver to each taxable per- son if residini^- in the Municipality, a notice setting forth the sum at which his real and pei'sonal property and taxable income is assessed, or if such taxable person be not ririsidinir in the Municipality, shall mail such notice bj' registered letter directed to such taxable person to the Post Office named in such roll, and shall enter on the roll, opposite the name of such person the date of such deliveiy or mailing, and such entry made shall be deemed prima' facie evidence of delivery. 1®8. In the case of a pattnership or company having more than one place of business within the Municipality, the personal property thereof shall be assessed in the locality where it is situate, and if this cannot be done, the partnership or company may elect at which of its places of business it will be assessed for the whole of its personaJ property. 109. If a resident has no place of business he sliaU be assessed at his place of residence. 76 .Yunicipaiitien. 14®. It shall be the dut}- of every person assessable for real or personal property in every Municipality to give all information to the assessors, and he may deliver to the assessors a statement in writing setting forth the particu- lars of the property for which he should be assessed, but no such statement shall bind the assessor or excuse him from making due enquiry as to its correctness. 113. In assessing; vacant ground, or i^round used as a farm garden or nursery, and not in immediate demand for building purposes, in towns, the value of such vacant ground shall be that at which sales of it can be freely made, and where no 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 Jots or not, if unsold as such, may be entered on the assessment roll as so much of the original lot or section, a^ the case may be, and where, ground is not held for purposes of sale, but bona fide inclosed and used in connection with a residence or building as a paddock, garden, p.^irk or lawn, it shall be assessed at a valuation which, at six per centum, would yield a sum equal to the annual rental, which, in the judgment of the assessor, it is reasonably worth, reference being always had to its position and local advantages. It'^, Eacii assessor shall make :md complete and deliver his roll to the Clei-k of the Municipality in each year on or beLore the fifteenth day of May or such prior day as the Municipality may prescribe by by-lavr with his affidavit thereto, or endorsed thereon, made before a Justice of the Peace in the following form : I) do swear that, 1 have in the within or aimeied aasessm nt roll assessed ihe Muncipality of (■ r part, as the cise may be, niming the part) according to law to the best of my skill and abUity and without favor. Sworn before me at ttifi day of AD 188 .1 P ASSBSSOB. APPKAL FHOM ASSESSMENT ROLL AND REVISH)N OF ROLL. SIS. If the Council of a Municipality, other than a town, Municipalities. 77 consists of not more than live members it shall form a Court of Revision, and if it consists of more than five members, the Council shall appoint tire of its members to bfe' a Court of Revision, and three thereof shall be a quorum for the transaction of business. 1 1 4. The Clerk of the Municipality shall be the Clerk of the Court of Revision, and shall" record all the proceedings tlicreof. ' 815. Tilt: Court may me^t and adjourn from time to time, and may be summoned to meet at any time by ihe Chair- man of the Municipality, and all the duties of t])e Court of Revision shall be completed before tlie first day of July in eacl) year. 1 16. All (■videiice 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 till' 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 comi- pensation fot his time at the rate of one dollar per day and mileage at the rate of ten cents per mile, wliere a. railway is not civailable, or actual railway fare), he shall on. summary conviction incur a penalty not exceeding tiftj' dollars. i 11^. The Court shall try all complaints in regard to per- sons wrongfully placed upon the roll or omitted therefrom or assessed 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 accoi'dance with the provisions and require- ments of this Ordinance, as the case may be, 118. The proceedings for the trial of complaints shall be as follows : — • (1.) Any person assessed within the Municipality, who considers himself aggrieved for any or all of the causes hereinafter referred to, may, within fourteen days of the time fixed for the return of the roll, give notice in writing to the Clerk of the Municipality that he considers- himself 78 Mumcipalities. so aggrieved, naming the complaints and grounds of appeal and upon what property ; , (^2.) If any ratepayer within the Municipality thinks that any person hjiH been assessed too high or too low, or has been wrongfully inserted in or omitted from the assessment roll, or that tlie property of any person has been mis- described or omitted from the roll, or that the Jissessment has not been performed in accordance with the provisions and requirements of this Ordinance, the Clerk shall, on his request in writing, give notice to such person and to 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 conve- nient place within the Municipality, a list of all complainants on their own behalf against thii assessor's I'eturn, and of all complaints on account of assessment or want of assessment or impioper assessment of other persons, stating the names both of the complainant and the party coniplained against, with a concise description of the matter complained of toge- ther with an announcement of the time when the Court will be held to hear the complaints ; and no alterations shall be made in the loU unless under a complaint fjrmally made according to the above pi-ovisions ; (4.) If at any time befo) e the return of the collector's roll it shall be discovered that the property of any taxable person or part thereof has been omitted from the said roll, the Clerk shall notify such taxable pei'son if known, and 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 tf) attend such meeting to show cause why the said taxable property should not be a'-sossed, and as to the amount the same siiould be assessed for. If such taxable person does not i-eside or have a place of business in the Municipality, then such )>utice shall be posted by i-egistered letter to the Post Office address of such person fifteen days before such meeting of the Council. After such notices have beeu served, or posted as afore- said, and after the expiration of the time mentioned therein or if sucli taxable person be not known, then witliout any ■notice the Council in^y assess such taxable propei'ty and Municipalities. 79 direct fch& Clerk to enter the same upon the proper collector's EoU for such sum as they shall direct, and tlie name of such taxable person if known. Provided always that the provisions of sections .119 ajad 120 as to appeal shaR apply to any such assessment. Immediately after such assessment shall be made as afore- said, the Olerk shall place the same on the collector's roH at the end thereof and shall rate the same at the same ratio as the rest of the said loU and thereafter the same shall be collectable in the same manner as the other taxes ; (5.) The Clerk shall cause to be left at the residence of each assessor or addressed to each said assessor by registered letter to the Post Office address a list of all complaints respecting his roll ; (6.) The Clerk shall also prepare a notice in tiie form following for each person with respect to whom a complaint has been made : Take notice 1 hat you are required to attend the Court of ItayiaiOa for the Municipality of at on the day of in the matter of the fol- lowing appeal appellant. That you are assessed (to* Iiigh) or (too low) or (not a botiafide resident) or as the case may bo. Signed, Glerk. And every such notice shall be posted by a registered letter to the Post Office address of such person, as entered on the assessment roll, fifteen days before the sitting of the Court; unless if a person has a place of business within the Municipality, in which case the Clerk shall cause the said notice to be served at such place of business at least six days before the sitting of said Court ; (7.) Pei-sons complained against may appear before the Court in person or by agent ; (8.) 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 the same accordingly ; (9.) If either party fail to appear, either in person or by agent, the Court may proceed ex parte. 1 1 9. The roll, as finally passed V>y the Court, and cei'tified by the Clerk as passed, shall, except in so far as the same ■ may be further amended on appeal to the Judge of the 'Sapreme Court, be valid, and bind all parties concerned, 80 Municipalities. notwithstandincr any defect or error committed _ in or with regard to sucli roll, or any defect or error or mis-statemeni in the notice required by sub-section (5) of the foregoing. Section of this Ordinance, or the omission to deliver or transmit such notice. 2. Provided that an appeal to a Judge of the Supieme Court shall lie, not only against the decision of the Co\u-t of Revision, on an appeal in the said Court, but also against the omission, neglect or refusal of said Court to hear or decide an appeal. 1 20. In all cases of appeals, under the provisions of the preceding section, the proceedings shall' be as follows; (1.) The person appealing shftll, in person or agent, sei-ve upon the Clerk of the Municipality, 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 ; (2.) The Clerk shall, immediately after the time limited for filing notice of appeals, forward a, list of the same to thfi Judge of the Supreuie Court, usually exercising jurisdiction in the Judicial District of which such Municipality forms a part, or if such Municipality forms part of more than one Judicial District, then to the Judge whose official residence is nearest the Municipality ; (3.) The Clerk shall thereupon give notice to all 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 Clerk to have the required service of notice in any appeal made, or to have the f-ame made in proper time, the Judge may diiect service to he made for some subsequent day upon which he may sit ; (4.) The Clerk of the Municipality shall cause a conspic- uous notice to be posted up in his office or the place where the Council of the Municipality holds its sittings, containing 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 Clerk of the Municipality shall be the Clerk of euch Court : (6.) At the Court so holden the Judge shall hean the appeals, and may adjourn the hearing from time to time, and defer judgment thereon at his pleasure, but so that all Municipalities. 81. th^;. appeals may be. determined before the.firat day of September; (7.) At the Court to be holden by the Judge, to hear the appeals hereinbefore provided for, the person having charge of the assessment roll, passed by the Court of Revision, ehall appear and produce such roll and all papers and writings in his custody connected with the matter of appeal, and such roll shall be' altered and amended accordiug to the decision of the Judge, if then givren, who shall write his 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 Clerk of the Municipality shall, when the same is given, forthwith alter and amend the roll according to the same, and shall write his nams opposite every such alteration or correction. (8.) In all such proceedings the Judge shall possess all such power for compelling the attendance of, and for thfi exariiination oh oath, of all parties, whether claiming or objecting or objected to, and all other persons whatsoever, and for the production of books, papers, lolls and docu- ments, and for the enforcement of his orders, decisions and judgments, as belong to oj' might be exercised by him in the Supreme Clourt. (9.) All process or other proceedings, in, about or by way of appeal, may be entitled as follows : " In the matter of appear from the Court of EeviBion of the Munici- pality of A. B., Appellant, and' C D., Respondent." (10.) The cost of any proceeding before the Judge as aforesaid, shall be paid by or apportioned between the parties in such a manner as the Judge thinks proper; and wliere costs are ordered to be paid by any party, the same .shall be enforced by execution to be issued as the Judg6 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, mav be the costs of witnes.^es and of procuring their atten- daiHie, and none other, the same to be taxed according to the allowance in the Court for such costs ; and in case 82 Mv/nicipalities. Tvliere execution issues, the cosis thereof as in the like Court, and of enforcing the same, may also be collected Cuiicun'ler. (! 2.) The decision and judgment of the Judge shall be final and conclusive in every case adjudicated upon. COLLECTOKS AND THEIR DUTIES. I SB. All rates, assessments, charges and taxes required to be coll 'Cted by any provision of this Ordinance shall be collected as hereinafter provided. I SS. The collector shall call at least once on the person taxed, or at the place of his usual residence or domicile, or place of bu-sincss, if within the Municipality in and for which such collector has been appointed, and shall demand pasiiient of the taxes payable by such person, and shall at the time of such demand, enter the date thereof on l^is col- lecbion roll oppo-ite the name of the person taxed, and such entry shall be prima facie evidence of such demand. t%S, In case any person neglects to pay his taxes for fourbiji'U days after such demand as aforesaid, the collector m ly, by himself or by his agent, levy the same with costs by ilistress of the goods and chattels of the person who ought to pay the .--ame, or of any goods or chattels in his po->ses.-ion, wherever the same may be found yrithin 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 promises where distrained. 1 24. If any person whose name appears on the roll is not resilient within the Municipality, the Collector shall transmit to him by post, addressed to the address given on the assessment roll, a statement and demand of the taxes charged against him on the roll, and shall at the time of such transmission enter the date thereof on the roll op])osite the nxme of such person, and such entry shall be prima facit CN-idence of such transmission and of the time thereof. The Collector after one month from the date of the delivery of the roll to him an 1 after fourteen days from the time slich demand, as aforesaid, has been so transmitted by post may make distress of any goods and chattels which he may find Municipalities. 83 upon the land and may impound the same thereon, and no claim of property, lien or privileofe shall be available to prevent the sale or the payment of tlie taxes and costs out of the proceeds thereof. 135. The collector shall, by advertisement over his hand posted up in at least three public places withia the Munici- pality, 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 distrained ; and at the time named in the notice the collector or his agent shall sell at public auction the goods and chattels distrained, or so much thereof as may be necessary to satisfy the claims of the collector, including costs and charges allowed by this Ordinance. , 1 26. If the property distrained has been sold for more than 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 property sold belonged to him, or that he was entitled by lien or right to the surplus, such surplus shall bft returned to the pei'son in whose possession the said property wa.s 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. I3T. If the claim is contested such surplus money shaU bo paid over by the collector to the Treasurer of the Muni- cipality, who shall retain the same until the respective rights of the parties have been determined by action at law or by arbitration as provided in this Ordinance. I/J8. Taxes may be recovered with interest and costs, as a debt due to the Municipality, in which case the production of a copy of so much of the Collector'.s roll as relates to the taxes payable by such person, purporting to be certified as a true copy by the Treasurer of the Municipality, shall be prima facie evidence of the debt. 1 39. On or before the fourteenth day of December in every year or on such day in the next year not later than the first day of March as the Council of the Municipality may appoint, every Collector shall return his roll to the 84 Municipalities. Treasurer of the Municipality, and shall pay over, the amount then in his hanHs collected by him to such Treasur- er, specifying in a separate column in his roll how much of the whole amount is paid over on acccmnt of each separate rate, and shall undei- oath verify the dates before the Treasurer of the demands of payment and of the amounts returned as paid by him opposite the name of each party in the Collector's roll in manner following : — " 1, Collector for the Municipality of do solemnly swear that the' foregoing roll contains a true account of the moneys collected by me ; that the dates of personal demands of payment and of posting of .-tate- ments and demands are correctly set forth, and that I have paid in aU the moneys collected by me. So help me God," S3©. In case the collector fails or omits to collect the. taxes or any portion thevi;(;f by th(.'. day appointed or to be appointed as in the last preceding section mentioned, the Coiincil of the Municipality may, by resolution, authorise the Collector, oi- sonit other j^crjon in las stead, to cci.tinue the levy and collection of the unpaid taxes in the manner ajid with the powei s provided by law for the ;i:eneral levy and collection of taxes. 2. No such resolution or authority shall --liter or affect the duty of the collector to return his roll, or shall, in any manner whatsoever, invalidate or otherwise affect the liability of the Collector or his sui-eties. 131. If any of the taxes mentioned in the Collector's roll remain unpaid, and the Collector be not able to collect the same, he shall deliver to the Treasure! of the Municipality an account of all the taxes remaining due on the roll, and in such account the Collector shall show, opposi te to each assessment, the reason why such collection could not he made, by inserting, as the case may be, the words ''non- residint," or "not sufficient property to distrain," or " instructed by Council not to collect," as the case may be. IS^. Upon making oath before the Treasurer that the sums mentioned in such account remain unpaid, and that he has not, upon diligent enquiry, been able to discover sufficient goods or chattels belonging to or in the possession of the persons charged with or liable to pay such sums, or on the premises belonging to or in the possession of any Municipaiities. 86 occupant thereof, whereon he could levy the same, or any part thereof, the Collector shall be credited with the amount not realized. f 33. Where a Municipality has passed a by-law requir- ing taxes to be paid on or before a given time, it shall be the daty of the Collector to make a return on oath, on the day following the time so named, of , the names of all persons who have not so paid their Municipal taxes, 134. The costs chargeable for distress and sale as afore- said, shall be as follows : — Mileage going tn and returning from the place of seizure, each toilo necessarily travelled . . Ten cents. Seizure . . . One dollar. Taking care of property . The sum actually disbursed not exceeding iwo dollars per day. Notices of sale and posting same up One dollar and fifty cents. For selling, five per cent on the amount real- ized, not exceeding the amount of the taxes. TREASURER. 135. The Treasurer shall keep regular books of account in such manner as may he directed from time to time by the Council, which shall show faithfully all moneys received and how expended, and he shall exact and retain vouchers for all moneys paid, and he shall prepare and sub- mit to the Council at least once in every month a correct statement of the moneys at the credit of the Municipality. 136. The Treasurer shall receive and safely keep all moneys belonging to the Municipality, and shall pay out the same in such a manner as the laws of the Territories and the lawful by-laws or resolutions of the Council of the Municipality who.se officer he is, direct ; but no member of the Council shall receive any money from such Ti'easurer for any work performed or materials supplied under any special contract with the Municipality, except as remunera- tion for services authorised by this Ordinance. 13T. After the Collector's roll has been returned to the Treasurer, arrears of taxes may bo paid to such Treasurer, 86 Municipalities. and thereafter no more money on account of the arrears then due upon said roll shall be received by any other ofEcer of the Municipality than the Treasurer, who shall receive payment of such airears, and of all taxes of lands of non-J-esidentfi, and on payment give a receipt therefor, specifying the amount paid, for what period, the description of the lot or parcel of land and the date of payment. 138. On the first day of May in every year the Treasurer shall add any arrears that may appear to be due upon any parcel of land to the entais already rduiDtd axd a?so icur per centum on the whole amount then due. 139. The Treasurer shall not receive any part of ihe tax charged against any parcel of land unless the whole of the arrears then due is paid, or satisfactory' proof is produced of the previous payment, or erroneous charge of any portion tl.ereof ; but if satisfactoiy proof is adduced to him that any pa)cel of land on which taxes are due has been sub- divided, he may receive the proportionate aniount of taxes chargeable upon any of the sub-divisions, and leave the other foib-divisions chargeable with the remainder, and the Treasurer may, in his books, divide any piece or parcel of land which has been returned to him in arrear for taxes into as many parts as the necessities of the ease may requira 140. The Treasurer shall, on demand, give to the owner of any land charged with arrears of taxes a written state- ment 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. 141. The Treasurer shall not be required to keep a sepajate account of the sevei al distinct rates which may be charged on lands, but all aiTears, from whatever rates arising, shall be taken together and form one charge on the land. 148. The Treasurer shall not be eligible as Auditor. 1 43. It shall be the duty of the Treasurer to see that moneys, collected under by law for the purpose of the pay- ment of interest on debentures issued by the Municipality Munieipalities. 8-7 {' or providing for a sinking fund for the same, are properly applied. Ajid the Council of any Municipality cairjing a, sinking funrmalities in respect to the passing thereof have been complied with. 96 Municipalities. QUASHING BY-LAWS. IT 6. In case a resident of a Municipality, or any other person interested in a Ly-law, order or resolution of the Council thereof, applies to a Judge of the Supreme Court and produces to the Court a certified copy of -the by-law, order or resolution, and shows by affidavit that the same was received from the Clerk, and that the apphcant is resident or interested as aforesaid, the Judge after at least ten days' service on the Munici}iality of a rule to show cause in this behalf, may quash the by-law, order or resolu- tion, in whole or in part, for illegality, and according to the result of the application award costs for or against the Municipality. 111. No application to quash or annul any such by-law, order or resolution, in whole or in part, shall be entertained hy any Judge, unless such application is made within twenty days from the passing of such by-law, order or resolution, except in the case of a by-law requiring the assent of ehctors or ratepayers, when such by-law has not been submitted or has not received the assent of such electors or ratepayers, and in such case an application to quash such b} -law may be made at any time. 178. Any by-law, the passage of which has been pro- cured tlirougli or by means of any coriupt practices, as defined by this Ordinance, shall be liable to be quashed upon any application to be made in conformity with the provisions hei-einbefore contained. 1 19. Before determining any application for the quash- ing of a by-law, upon the ground that the passing of the same has been piocun d by means of any cor)upt practices, as defined by this Ordinance, and if it is made to appear to a Judge of the Supreme Court that probable grounds exist for a motion to quash such by-law, the Judge may there- upon make an order for an enquiry to be held, upon such notice to the parties afiected as the Judge may direct con- cerning the said grounds, before himself or whom he may appoint to conduct such enquiry, and require that upon such enquiry all witnesses, both against and in support of such by-law, be orally examined and crossicxamined upon oath. The said Judge, after the taking or the return ot Municipalities. 97 said evidence, as the case may be, niay, upon notice to .such of the parties concerned as he thinks proper, proceed to hear and determine the question, and if the grounds there-- for appear to iiaii to be satisfactorily established, he may make an order for quashing said bj?-law, and order tJje costs aittend'ing such proceedings to be paid by the parties or any of them who have siipporteil said by-law ; and if it appears that the applicntion to quash said by-law ought to be dismisse 1, the said Judge may so order, and in his dis- cretion award costs to be paid by the persons applying, to quash said by-law. 180. After an -oi-der has been made by a Judge directing an enquiiy, and after a copy of such order hfis been left with the Clerk of the Municipality of which the by-law is in question, all further proceedings upon the by law shall bo sta,yed until after the disposal of the application in respeCfc of which thj eiiquii-y has l)een diri-cti^d ; bat if the matter- is not prosecuted to the satisfaction of the Judge he may re- move the stay of proceedings. 181. In case a by-law, order or resolution is illegal, in Avhole or in part, and in case anything has been done under it which by reason of such illegality gives any person a right of action, no such actign shall be brought until one month has elapsed after the bydaw, order or resolution has been quashed or repealed, nor until one month's notice iU writing of the intention to bring such action has be> n eivcn to the Municipality, and every such action shall be brought against the Municipality alone, and not against any person acting under the bydaw, order or resolution. 183. In case the Municipality tenders amends to the plaintiff or his attorney, 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, but costs shall be taxed to the defendant, and set oiF against the verdict, and the balance due to either party shall be recovered as in ordinary cases. 183. No bydaw shall be set a.-side for corrupt praeticce; provided the passage thereof was not afiected by such cor- rupt practices. 98 Municipalities. CORRUPT PRACTICES. 184. The following persons shall be deemed guilty of bribery, 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 pro- cure, or offers or promises, 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 by-law 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, oil account of such voter having voted or refrained from voting at such election or upon such by-law ; (2.) Every person who, directly or indirectly, by himself, or by any other person in his behalf, makes any gift, loan, offer, promise or agreement as aforesaid, to or for any per- son in order to induce such person to procure or endeavour to procure the return of any person to serve in any Munici- pal council, or to procure the passing of any by-law as aforesaid, or the vote of any voter at a Municipal election or for such by-law ; (8.) Ever'y person who by reason of any such gift, loan, offer, promise, procurement or agreement, procures or en- gages, promises or endeavours to procure the return of any person in a Municipal election, or to procure the passing of any by-law as aforesaid, or the vote of any voter a,t a Municipal election, or for such by-law ; (4.) Every person who advances or pays, or causes to be paid, money to or to the use of any other person, with the intent that such money or any part thereof shall be expend- ed in bribery at a Municipal election, or at any voting upon a by-law as aforesaid, or who knowingly pays or causes to be paid any money to any person in discharge or repay- ment of any money, wholly or in part expended in bribery at such election, or at the voting upon such by-law ; (5.) Every voter who, before or during a Municipal . elec- tion, or the voting on such by-law,.direcfcly or indirectly, by himself or any other person in his behalf, receives, agrees or contracts for any money, gift, loan or valuable considera- tion, office, place or employment, for himself or any other Municipalities. 99 person, for voting or agreeing to vote, or refraining or agi-eeing to refrain from voting at such election or upon such by-law ; (6.) h^iVery person who after any such election or tlie voting npori any such by-law, directly or indirectly, by him- self or any other person on his behalf, receives any money or valuable consideration, 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 by-law ; (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 other vehicles, for the purpose of conveying any electors to or from any polls as aforesaid. 185. Every person who, directly or indirectly, by himself or by any other person on bis 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 losg, or in any manner practices 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 interferes 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. 1 80. Tlie actual personal expenses of a candidate, his expenses for actual professional- services performed, and bona, fide payments for tlie fair cost of printing and adver- tising shall be held to be the expenses lawfully incurred, and the payment thereof shall not be a contravention of this Ordinance. \ 18T. Any candidate elected at any Municipal election who shall be found guilty by the Judge of any act of bribery, or of using undue influence as aforesaid, shall for- feit hi.s seat, and shall be rendered ineligible as a candidate at any Municipal election for two years thereafter. lOO'- Munici'pulities. 188. Any person who is adjudged ffuilty of briliery, shall incur a penalty of twepty-iive dollars and shall be disqualified from voting at any Municipal election, or upon a by-law for the next succeeding two years. 88®. The penalties imposed by the preceding section shall be recoverable, witb full costs of suit, by any person who sues for the same, in the Supreme Court having juris- diction where 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 condemned to pay is fully paid and satisfied. ISO. It shall be the duty of the Judge who finds any candidate guilty of a contravention of sections 183 and 184 of this Ordinance, or who condemns any person to pay any sum in the Supi-eme Court for any offence within the mean- ing of this Ordinance, to report the same forthwith to the Cleik of the Municipality wherein the offence has been committed. 101. The Clerk of eveiy Municipality shall duly enter in a book to be kept for that purpose, the names of all per- sons within hi.s Municipality who have been adjudged guilty of any offence as aforesaid, and of which he has been notified by the Judge who tried the case. i9?J. Any witness shall be 'bound to attend before the Judge cjf the Supreme Court upon being served with the order of the Judge directing his attendance, and upon pay- ment of the necessary fees for his attendance, in the same manner as if he had been directed by a writ of subpcena, so to attend, and he may be punished for conttimpt and shall be liable to all the penalties for such non-attendance in the same manner as if he had been served with a subpoena. 193. No person shall be excused from answering any question put to him in any action or other proceeding in any Couit or before any Judge, touching or concerning any election or by-law, or the conduct of any person thereat, or in relation thereto, on the ground of any privilege, or on the ground that the answer to the question tends to crimin- ate such person, but no answer, given by any person claim- m'wnwipabivies. 101 ing to be excused on the ground of privilege, or on tlis ground that sucli answer will subject him to any penalty under this Ordinance, shall bo used in any proceeding under this Ordinance against such person, if the Judge gives to the witness a certificate that he claimed the right to be excused on either of the groimds aforesaid, and made full and true answer to the satisfaction of the Judge. 194. All proceedings other than an application in thB nature of a quo warranto against any person for any violation of sections 184! and 185 of this Ordinance shall be commenced within thirty days after the Municipal election at which the otfence is said to have been committed, or within thirty days after the day of voting upon a by-law as aforesaid. CONTROVERTED ELECTIONS. 195. In case the validity of the election of Councillor^ is contested, the same may be tried by a Judge of any •Supreme Court in Chambers, and any candidate at the election or any elector who gave or tendered his vote thereat, or any member of the Council, or any elector of the Ward, or if theie is no Ward, of the Municipality, may be the relator for the purpose. 196. If within six weeks after the election, or one month after the acceptance of office by the person elected, the 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 declarci] elected thereat was not duly elected, and if the relator enters into a recognizance before the Judge or before a Justice of the Peace or a Commissioner for tiaking Affida- vits, in the sum of two hundred dollars, with two sureties to be allowed as sufficient by the Judge upon affidavit of justification, in the sum of one hundred dollars each,, con- ditioned to prosecute the writ with effect, or to pay the party against whom the same is brought any cost which may te • adjudged to him against the relator, the Judge shall dii-ect a writ of summons in the nature of a qvM warranto to be 'issued to try matters contested. 1911. Incase the relator alleges that he himself or some other peroon has been duly elected, the Wi-it shall be to try" 102 ' Municipalities. the validity, both o£ the election complained of and the alleged election of the relator or other person. 1 98. In case the grounds of objection apply 'iqually to two or more persons elected, the relator may proceed by one writ asrainst such persons. 199. When more writs than one are brought to try the validity of an election, all such writs shall be made return- able before the Judge who is to try the first, and such Judge may give one judgment upon all, or a separate judg- ment upon each or more of them as he thinks fit. */J00. The writs shall be issued by the Clerk of the Supreme Court, and shall be returnable before the Judge in 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. 5J0I. The writ shall be served personally, unless the party to be served keeps out of the way to avoid personal service, in which case the Judge, upon being satisfied there- of, by affidavit or otherwise, may make an order for such substitutional service as he thinks fit. 302. The Judge before whom the writ is made return- able or is returned, may, if he thinks proper, order the issue of a writ or summons at any stage of the proceedings, to make the Returning Officer or any Deputy-Returning Officer a party thereto. /S03. The Judge before whom the writ is returned may allow any person entitled to be a relator to intervene and defend, 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. 204. The Judge shall in a summary manner, upon state- ^lent and answers without formal pleadings, hear and determine the validity of the election, and may by order cause the assessment rolls, collector's rolls, list of electors, and any other records of the election to be brought befoi-e him, and may enquire into the facts on affidavit or affimia- •tion or by oral testimony. .yiunicipaUtiefi. 103 205. In case the election complained of is adjudged invalid, the Judge shall forthwith, by writ, cause the person found not to have heen duly elected to he removed, and in case the Judj/e determines that anj' othei' person was duly elected, the Jiidge 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 thf peison removed, the Judge shall, by the writ, ca-ase a new election to lie held. 2®ift. In case the election of all the members of a Coun- cil is adjudged invalid, the wiit for their removal and for the election of new members in their place, or for the admission of others adjudged lesally elected, and an election to fill up the remaining seats in the Council, shall be directed to the Sherift' of the Judicial District in which the election took place, and the Sheriff shall have all the powers for causing the election to be held, which a Municipal Council has in order to supply vacancies therein. /JO'J. Any person, whose election is complained of, may, unless such election is complained of on the ground of coriupt practices (.)n the part of such person, within one week after service on him of the writ, transmit, post-paid, through the Po.st Office, directed to "Tiie Clerk of the Judicial District " who issued the writ, or may cause to be delivered to such C-lerk, a disclaimer signed by him to the effect following : I, A.B., upon whom a Writ of Summons in the nature of a Quo Warranto 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 Signed A.B. %08. Such disclaimer, or the envelope containing the same, shall moreover be endorsed, on the outside thereof, with the word " Disclaimer," and be registered at the Post Office where mailed. %01>. Where there has been a contested election, the 104 Mimicipalthes. pei-son elected may, at any time after the election, an^ tefore his election is complained of, deliver to the Clerk of the Municipality a disclaimer signed by him as follows : I, A.B., do hereby disclaim all rights to the office of Councillor, for the Municipality of and all defence of any right that I may have to the same. Sin®. .Such disclaimer shall relieve the party makin. If the purchaser of any land fails to pay his pur- chase money immediately after a sale, the Treasurer shall forthwith put up the property for sale again. 230. The Treasurer, after selling any lands for taxes, shall give a certificate to the purchaser, stating what part of the land has been sold, describing the same as in the notice of sale, the quantity sold, the sum for which it has been sold, and further stating that the land so sold will be conveyed by the Treasurer to the purchaser or his assigns, on his or 108 Munict/palMwH. their demand, at any time after two years from the date of sale, if the same be not previously redeemed. 2S31. The purchaser shall, on receipt of the Treasurer's ■ certiiicdte, become the owner of the land, so far as to have all tlie necessary rights of action and powers for protecting the same from spoliation or waste imtil the expiration of tlie term during which the land may be redeemed ; but. he sliall not knowingly permit any person to cut timber upon the'land or otherwise injure the land, nor shall he do so himself, but he may use the land himself without deterio- rating its value, provided that the purchaser shall not be liable for damage done to the property without his know- ledge. 5S3?5. The owner, or his agent appointed by him in writing, may redeeui any land sold by the Treasui'er for aaTears of taxes at any time after, and before the expii-ation of two years from th ■ sale thereof, by paying to him the full amomit for which the land was sold and interest there- on at tlie rate of twenty per centum per annum, to be compu- ted from the date of sale, and an additional commission to the Treasurer of two ami one half per cent. ^«§S. Fiom and after the payment to the said Treasurer of the amount of redemption money as aforesaid, the pur- chaser shall cease to have any further rights in or to the lands in question. 3S4. The purchaser shall be entitled to receive the full amount of purchase money from the Treasurer for the land iso redeemed, together with interest to be computed at the rate of twenty per centum per annum, from the date of the certificate gi\en to him by the Treasurer to the date of the redemption. S3S. If the land be not redeemed within the period allowed for its redemption, being two yeais from the date of sale, exclusive of tliat day. then on demand of the pur- chaser or his assigns or other legal representatives, at any time afterwards, and on payment of two dollars, the Treas- ui'er shall prepare and execute and deliver to him or them a transfer in duplicate of the land sold, as in form " L " in the appendix to this Ordinance. Municipalities. 103 (,2.) Such transfei' deed shall name the date and state tluj cause of sale and the price, and shall describe the land according to the description in the certificate, and no ta-ans- fer shall be invalid for any error or miscalculation in the anionnt of taxes or interest thereou in arrears. •/J3©. The Treasurer, in addition to the fees, comuiissions and charges for selling, shall be entitled to receive a com- mission from the Municipality of two and one half per centum on all moneys collected on account of arrears of taxes, and may deduct the same from any money remain- ing in his hands to the credit of the Municipality. EXECUTIONS AGAINST MTJWICIPALITIKS. . 831. Any writ of execution against a Municipality may be endorsed with the direction to the Sheriff to levy the amount thereof by rate, and the proceedings thereon shall be as follow : (1.) The Sheritf shall deliver a copy of the writ and en- dorsement to the Treasurer of the Municipality, ivith a statement in writing of the amount required to satisfj' such execution, including the amount of interest theixon, and Sheriii'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 Slieriff shall examine the assessment roll of the Municipality, and shall in like manner as rates are struck for general Munici- pal 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 warrant or war- rants, under his hand and seal of office, directed to the Collector or Collectors respectively of the Municipality, and shall annex to every precept the roll of such rate, and shall by such precept, after reciting the writ, and that the corpor- ation had neglected to satisfy the same, and reff rring to the roll annexed to the warrant, command the Collector or Collectors, within their respective jurisdiction, to levy such rate at tlie time and in the manner by Law required in re- spect to the general annual rates ; (4.) In case at any time for levying the annual rates, next no Municipalities. after receipt of such warrant or warrants, the Collectors have a general rate roll delivered to them for such year, they shall add a column thereto headed : Execution rate in A. B. versus the Municipality of . as the case may be, adding a similar column, if there are more executions tlian one, and shall insert therein the amount by such war- rant or warrants to be levied upon each person respectively, and shall levy the amount of such execution rate as afore- said, and shall, within the time they are required to make the returns of the general annual rate, return to the Sheriff' the waiTant or warrants with the amount levied thereon, deducting their percentage : (5.) The Sheriff shall, after satisfying the execution and all fees thereon, pay any surplus, within ten days after re- ceiving the same, to the Treasurer, for the general purposes of the Municipality ; (6.) In case the Collector of any Municipality, against which an execution has issued, is not paid by percentage fixed by by-law of the Municipality, he shall be paid for such collections a sum not exceeding two and one half per centum. 5J-18. The Clerk, Assessors and Collectors of the Corpor- ation shri.ll, for the purposes of the carrying into effect, or permitting or assisting the Sheriff to carry into effect the provisions of this Ordinance, with respect to such execution, be deemed to be Officers of the Court, from which such wiit issued, and as such, may be proceeded against by attachment, mandamus or otherwise, to compel them to pei-form the duties hereby impost^d upon them. ARBITRATIONS. 33S). In any case where a dispute arises between two Municipalities, or between a person and a Municipality, in- volving a claim for the payment of money or damages, or between two or more parties for the surplus money in the hands of a Municipalitj', 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 dis- piite may require that the same be settled b^- arbitration. 5440. In cases where arbitration is authorized, either party may appoint an arbitrator and give notice thereof in Mu H ie ipaliti e.-i. 1 1 ] writing to the other party, calliug upon him to appoint an arbitrator on his behalf, and a notice to a Municipality shs^ll be given to the Chairman thereof. 5841. The appointment of all arbitrators shall be in writ- ing under the hands of the appointers, or, in case of a Muni- cipality, by a by-law of the Council. 34?J. The two arbitrators appointed by or for the parties shall, within seven days from the date of the appointment of the last-named arbitrators, appoint, in writing, a third. rt!43. Where more than two parties are interested, each of them shall appoint an arbitrator ; and if there should be an even number of arbitrators, the arbitrators so appointed shall appoint another arbitrator, or in default, at the expir- ation of twenty-one days after the last of such arbitrators has been appointed, the Lieutentant-Governor may, on ap- plication of any one of the parties interested, appoint such arbitrator. !?44. In case of neglect oj- refusal of any party to appoint an arbitrator when notified so to do, or in case of two par- ties appointed and being unable to agree upon a third, the Lieutenant-Governor shall, upon application of any one of -the parties interested in such arbitration, appoint a party or parties to act for, and on belialf of, the party so refusing, or a third arbitrator, as the ease may be. !?45. In case of an arbitration between a Municipality and the owners or occupiers of, or other persons interested in, real property entered upon, taken or used by the Munici- pality in the exercise of any of its powers or injuriously affected thereby, if, after the passing of the by-law, any per- son interested in the property appoints and gives due notice to the Chairman of the Municipality of his appointment as an arbitrator to determine the compensation to which such person is entitled, the Chairman shall, if authorized by by- law, 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. 846. In such last mentioned arbitration, if, after service 112 Municipalitieis. upon the owner or occupier o£, or person so interested in. (he pjoperfcy, of a certified copy of a by-law, the owner or occupier or person so interested, omits for twenty-one, days to name an arbitrator, and f;ive notice thereof as aforesaid, the Council or the Chairman, if authorized by by-law, may name an arbitrator on behalf of the Council, and give notice thereof to the owner, occupier or person so int^iested, and the latter shall, within seven days thereafter, nan)e an arbitrator on his behalf. 347. Within ten days after the appointment of the thii-d ai-bitrator, the arbitrators appointed shall meet to hear and determine the matter referred to them. 348. In any of the cases hereinbefore provided, the ai-bitrators shall make their award witliin one month alter the appointment of the third arbitrator. 5S4S). ]Momember,ofl'cer or person in the employment of, any Municipality interested in any arbitration, shall be appointed to act as such arbitratoi-. !?5@. 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 mattere 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 skiU and know- ledge. So help me God." 351. All evidence taken by any Court of Arbitration under this Ordinance, shall be taken on oath, and any arbitrator is hereby empowered to administer the same. 353. 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 refen-ed to arbitration. 353. The arbitrators shall have power to award the payment 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 Municipalities. 113 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 lO.OO For every sitting, not extending to six hours (fractional parte of hours being excluded) where the arbitration is actually proceeded with, for each hour occupied in such proceed- ings, to each arbitrator, not exceeding , 2.0O *Z54. Full notes of the evidence taken by arbitfatom under this Ordinance shall be made, and together with any documents submitted in proof of any allegations made on behalf of parties interested, shall be retained by tlie Chair- man of the Arbitration^ or until an order is issued by a. Judge of the Supreme Court, to produce the same in case of an appeal from the decision of the arbitrators. 355. Every award imder this Ordinance shall be in writ- ing, and under the hands of all or a majority of the arbitra- tors, and shall be subject only to an appeal to the Supreme Court. 356. An award made by arbitrators under this Ordin- ance 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. OATHS AND BEtXARATIONS TO BE TAKEN UNDER THIS , ORDINANCE. 35T. Every person elected or appointed under this Ordin- ance to any oflSce requiring a qualiiication of property in the incumbent shall, before he takes the oath of office or enters on his duties, make and subscribe a solemn declaration to the following effect : I do solemnly swear that I am a British subject; thai I had at the time of my election or appointment to th? office of in the Municipality di ' (as the cast may be) and still have in my own right (or in the right of my wif^ ■ucli an estate as does qualify me to act in the said office and that sucft estate is (naming the nature of it) and is of the value of _ . . dollars over and above all charges, liens and fii tmuusea affecting the same. _ (Signed) A. B. 114 . Municipalities. "' 358. Every member of the Municipality, CLerk, Assessor, 'Collector and Constable shall, before entering on the duties of his office, make and subscribe a solemn oatli to the follow''- ing effect : ' I, , do solemnly 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 ii^ay 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 partiality or neglect or undue execution of the said office, and that I have not by 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. 259, Every Auditor, before acting as such, shall take the following oath : I, having been appointed to the office of Auditor for tlifl Municipality of ' do solemnly swear that I will faithfully perform the duties of such office according to the best of my judgment and ability, and that I had not either directly or ijadirectly any share or interest whatever in any contract with, by or xxa behalf of such Municipality during the year preceding my appoint- ment (except as auditor, if such be the case), andtliatl have not any tontraot with the said Municipality except that of Auditor for th« present year. /S60. 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 cer- iifieate of the same having been duly made and .Subscribed. PENAL GLAUSES. 261. If the Clerk fails to furnish ballot boxes in manner herein provided, he shall inftur a penalty of , Qjie hundred dollars for every ballot box, which he has failed to furnish in the maimer prescribed. '■ ■"■ ' - - '■- - • S<>3. Any person who : (a.) Without due authority, supplies any ■ ballot' paper ••to amy person ; (p.) Or f laudiilently puts into the ballot box any paper other than the ballot paper which he is authorized to put in ; Municipcoiitie^. Hi « ■''.'■'' ^} . . >,.',■,> ■'.•'• r (c.) Or fraudulently takes. out of the polling place, any, Jballot paper;, , , .. (d.) Or without due authority, destroys, takes, opens or otherwise interferes with. any ballot box or packet of ballota then in use fpr the purpose of the election ; .. shall, on conviction thereof, in a summary way, before a (Justice of the Peace, be liable to. a fine not exceeding two hundred dollars and costs of prosecution. , (2.) And' any Deputy Returning Officer, Poll Gierke Qandkiate^or Agent who intcrfevea or' attempts to^ interfere- ^th any voter in marking Jiis ballot, or who marks or causes to be marked a ballot paper so as to defeat the intentions of the voter, or who fttjany time communicates any information he may be possessed of as to the candidate or e^Jididates for whom any vote has-been given,i Or who mduces any person to display bis feaHot paper so as to make known to himself or to any.pther.person'the manner in which ire has voted, or for or against whom, he has marked his ballot paper, shall, oii conviction thereof, in a summaiy way, ^before two Justices of the Peace, be liable to a fine not ex- ceeding four hundred dollars, and costs of prosecution, or iinprispnm.ent not exceeding one year, oi: both. •; ^63. If any officer uf a -Muuiuipality refuses oi- neglects to perforjn. any duty required of ,him« by thisj Ordinance, he shall, on conviction thereof, be fined in a ^um not cxeaeding one huiiilred dollars. ; ■ ' , '-.: 34114. Every line and penalty iiijp&.sed by or under the authority of tUiis Ordinance, may, unless where other pro- •^.ision. is specially made theuefoi-, be recovered and* enforced wjth co.st8 of pro.secution, byr summar / couviction before any Justice , of vtho Pyace for the i North- West Territories, andj,ail such nnes and ■ penalties, rwiien recovered, shall form part of the Gisncral Fund of the Municipality wherein the. same, isi intpjsed. . ,...■;■"'•.'■ '•..^ J : '' .* 365. ProctSedings for offences under this Ordinance tnay -Ae Lad, and proceedings therein 'takcsnilnd conduetied, under ■iind by virtue of the' Act of the /Parliament of Canada inti- tuled '' The Suamaary Co; ivTtefcioHS Act." ;-?■.;,. i 366. The Council of every Municipality may pass by- 116 Mvnicipalitiefi. laws for inflicting i-easonable fines and penalties, not exceed- ing one hundred dollars, exclusive of cost,s, for breach of Any of the by-laws of the Municipaility, and for' inflicting reasonable punishment by ini prison ment, with or without hard labor,' either in the lock-up house of the Municipality, or in the nearest common jail, for any period not exceeding- thirty ^iays, in "case of non-payment of the fine and costs inflicted for any such breach, unless such fine and costs, including the Costs of comn)ittal, are sooner paid ; except for breach of any by-law or by-laws passed for the sup- pression of houses of ill-fam^, for which the imprisonment may be for any peiiod not exceeding six months, in case of the non-payment of the fines and costs inflicted, unless such fines and costs including costs of committal, are sooner paid; TOWNS. ■ 36T. Whenever any area is incorporated as a Town- Municipality, the same shall be styled and known as the Municipality of thi; Town of (the name by which it is to be known), and, unless otherwise provided, the Council thereof shall consist of a Mayor and six Councillors, elected annual- ly, at the time and in manner as provided for Municipalities by this Ordinance, except that the inhabitants of every Town Municipality incorporated previously to the com- mencement o this Ordinance shall continue to be a body corporate under its existing name, and otherwise shall he subject to the provisions of this Ordinance, 368. The several provisions of this Ordinance, and forms in the Appendix thereto mutaiis Diutandis, relating to Municipalities generally, and all the powers conferred and duties imposed upon Municipalities, the Councils and ofiicers thereof, except herein otherwi^ provided, shall appertain to ^own Municipalities, as if in each instance specially enact- ed ; and the word " Chairman '■ wherever used in this Or- dinance shall, in an incorporated town, mean the Mayor. %%9. The Council of a Town Municipality may, in addi- tion to its other powers, pass by-laws for : (1.) The erection and regula;tion of hospitals; (2.) ^Preventing the putting of anything prejudicial to iealth into any stream or body of water, within the town, or from which water is supplied for an pui-pose ; Municipalitieg:' 117 (^.) Preventing the, burial of the dead within the Munici- pality ; (4.) Appointing a Street •Surveyor^, whose duty it shall be, under- authority of the Council, to oversee all work on streets, alleys, lanes, by-ways, sidewalks, drains, water courses and ditches, and generally any work to be done of a public nature ; (5.) And to assess against the property of owners to bfr benefited thereby, the whole or any part of any public improvement or work, such as the laying out or widening of any street, lane, alley, or by-way, public square, building site, , walks, grading and paving streets, building or enlarging drains, sewers, watercourses and ditches, and appropriate land therefor, the property of individuals both within and without the Municipality ; but nothing in this Ordinance shall be taken to allow a Council to enter on or appropriate any land the property of another, without first paying the owner the value thereof in full, the same to be determined by arbitration as in this Ordinance provided ; (6.) The Council of every Municipality shall make to the owners or occupiers of, of other person interested in lamis 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 result- ing from the exercises of such powers, beyond any advan- tage, 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 ; . . (7.) In the case of real property, which a Council has authority under this Ordinance to enter upon, take, or use without the owner's consent, corporations, tenants in tail or for life, guardians, committees and trustees shall on behalf of themselves, 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 in contracting for and conveying to ^he Council any such lands, or in agreeing as to the amount of damages arising fiom the exercise by the Council of gjiy power in respect thereof ; ■ (8.) In case there be no such person, who can so act in respect to such lands, or in case any person interested in respect to any such lands is absent from these Territories, I ] 8 Municijialitias. or is unknown, or in case' fas' T^sideiice is unknown, or he himself cannot be found, the Judge of the Supreme Court of the Judicial Disttiet.'iii which' sU(*h' propei-tj- is situate, may, on the application of thu Council, appoint a person to act in respect to the saine' ' fdr' all or any ' of the said, purposes ; ' '- ' ■■■-"■, (9.) In case an:y person, acfciiig as aforesaid, has not the absolute estate in the ■. property, the Council shall pay, to' him le,i;al 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 the Judge of the Supreme Court of the'. Judicial- District, in which such- property is situate, in the meantinie dii'ects 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 t.um paid under the direction of such Court ; . (10.) All sums, agreed upon or awarded in respect of such real property, shall be subject to the limitations and charges to which tlie property was subject; (II.) The Council- of any Municipality, in all cases where claims for compensation or damages are made against them, which under the pr'ovisions of this Ordinance are declared to be the subject of arbitration, in the event of the parties not being able to agree, may tender to any person making such claim, such amount, as they may consider proper com- pensation for the damage sustained, or lands taken, and in the event of the non-acceptance by the claimant or claimants of the amount so tendered and the arbitration being pro- ceeued with and if an award is obtained for an amount not ^eater than the amount so tendered the costs of the arbi- tration and award shall, unless otherwise diiected Viy the Arbitrator, be awarded to the Corporation and set off against any amount, which shall have been awarded against them. TENDERS OF AMENDS. 37©. 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 damage sustainedj and in the event of the non-acceptance by the claimant of Municipa lit ;'m. ] 1 9 such tender or tlie iimonnt paid into' Court, and tlie action- being proceeded with, and a verdict being obtained for no greater amount than the amount so tendered or paid into.' Court, the costs of suit shall be awarded to the Defendants.: and set off against any verdict, which shall have been obtained against them. 371. Every a-ssessnient made under auth .rity of the' preceding section, for work or im.provement or repairs to be ' done, shall be made by the sts-eet surveyor. SIS. The assessiaent shall be made upon, such property • as the street .surveyor deddes is directly benefited hy such ■ improvement, but no such work or impsovement shall he'' undertaken unl(:>,ss on a petition therefor to the Council of. ' two-thirds of the number of tho.se to be benefited tliereby, and who would be assessed therefor, except in case of I'epairs" to work done previously and for which property owners have contributed, and then only in a sum not exceeding two hundred dollars, which shall be rateably assessed on the basis of the original assessment. ST3. Assessments made under the three preceding clauses shall be signed by the Mayor and Clerk, and published weekly fur four consecutive weeks in some newspaper pub- lished in the town, or if tliere be none, then in such news- paper as the Council may by resolution direct, and in all other respects as to notice, demand, appeal, provision and collection, shodl be subject to the provisions of this Ordinance. 374. The Mayor and Council shall be the Court of Re- vision of the town. 3T5. Every Municipality shall keep in repair all side- walks, crossings, sewers, culverts and approaches, gi"ades and other works made or done by its Council, and on default so to keep in repair, shall ]>e responsible for all damages sustained by any person by reason of such default, but the action must l)e brought within six months after the dam- ages have been sustained. 376. The rate in any year to be levied against property of every kind in -towns, including improvement tax, general fund, local fund, and school rates, together with interest on 120 Municipalities. the debt and sinking fund, shall not exceed two and a half cents on the dollar. 311. Except members of Her Majesty's Naval or Military- Force, on full pay or on actual service, or of the North-West Mounted Police Force, or of a Fire company duly organized by by-law of the Municipality, every male inhabitant of an incorporated town, of the age of twenty-one years and upwards, who has resided in the said town for a period of two months, and has not been assessed upon the assessment roll of the town, or whose taxes do not amount to two dollars, shall be taxed at two dollars yearly, to be levied and collected at such time, by such person, and in such manner as the Council of the Municipality may by by-law direct. APPENDIK. FORM A. (PETiTioif vide Section 8.) To His Honor the Lieutenant-Governor \ " of the North-West Territories. / The Petition of the undersigned showeth : 1. That they are respectively British subjects, over twenty-one years of age, and now are and have been either owners or householders with- in the area herein described, for three months last preceding the date of- this petition. 2 That no part of said area lies within any existing Municipality. 3. That the total number of male British subjects, over twenty-one years of age, within the said area, who now are and have been, either owners or householders, for three months next preceding the date of ' this petition, is Your Petitioners therefore pray that under the provisions of "The Municipal Ordinance," the following area, namely : may be established as a Municipality by the name of the Municipality of And your Petitioners Will pray. Dated, 18 Municipalities. 121 FORM B. Affedavit to accompany Petition, mde Seotion 9.) Canada, , }'• North- West Territories, of in the said Territories, do solemnly swear : — That I was personally present, and did see the several persons, whose names are subscribed thereto, sign the Petition hereto annexed, praying for the erection of the area therein described into a Municipality, by tiie name of That the total number of Persons duly qualified, in accordance with the said Ordinance, to sign the said Petition, is That the total number of persons, duly qualified, who have signed the said Petition, is That public notice, a copy of which is hereto attached, of such ia- tended application, was posted on the day of 18 , in three different places withm the proposed area. Sworn before mc, at the said Territories, on the day of 18 } FORM C. (Notice of Application for Incobpokation, vide Section 9.) Notice. Public notice is hereby given, that the undersigned and others wUl, by petition, apply to His Honor the Lieutenant-Governor for the erection of the area hereinafter described into a Municipality, under the provisions of "The Municipal Ordinance," to be styled "The Mu- nicipality of (here husert the name proposed) namely : The area com- posed of {givmg sections, townships, ranges and meridians). Dated at this day of 18 A. B., C. D, E. F., Three of the Petitioners. (Election Notice at First Election, vide Section 15.) NoticE. ■■■ Municipality, of .\ ' ■■ ' [ ■;■,■, ■.,■ ■ ■ ■ •' Public Notice is hereby given to the Ejectors of the Municipality aforesaid, that, having been appointed by' order of His Honor the Lieutenant-Governor, dated the day of 18 , Returning Officer to hold the fii'st Election of Councilors for the said. Municipality, I hereby require the presence pf the said Electors, at on (here insert day of week, as well as date) from ten until noon of the clock.of the said day,f -r the purpose of nominating persons as' Councillors for the s&id Municipality; and that in case a Poll becomes necessary, such 'PpE will be opened on (here iiisert same day of the week as for nomination, of the next pillowing week) the , day of ■ . < 18 , from the hour of nine in the forenoon until five of the clock in the afternoon, at (describe the pulling station) or, as the case may be, in each of the following polling divisions, that is to say : For Polling Division No. 1, consisting of {or hounded as follows, or otherwise describing it cle■, ;-.':' - i' ; :-i'-.. * - - Mv.ni&ipdlUiJ.s. 127 g' •-J 1-1 c s .2 « O g OH' ■■s u. Hi o arfjisod JO A'jaAt[>'P }o alBff y-. ;v=i ■■■ ^■■■.^■■■.,: ■■. : •^naiussassy jo a^UQ h, ■■■ i- i ■;■.--. ! -sSoa I ■ ■ : '< •S30H ' ^ :i i . r ■> •S3SJOH ■daaqg ■anXBO - -■ ; . -,-, ■. _L •illjiUBj m .loqtunu iBjoj, ■uoiSiiaa ; •uoHBAn[no japnn aaqmn^ •passassB S3J0B jo iaqiunfj ■nos.iod oiqBXB} jo aSy •aoioouj puB Aijadojd XBUosjad puB IBaj JO jnocassassy [bjox •araobux ojqBXBX MlJadojd IBuosjsd JO aniBj\^ qaBQ I •A'ajadojrt tua c jo aniBA iBjoi ?-nosjad aiqBXHl aqi jo aiajaqj jsajajoi. oq5 jo '^CiaadoJd IB3.I JO i0[ JO JODJBd qOB3 JO an.[BA qsB.-) [BnjoB oqx • •(aijaoum) -ani '(jaBdnono)-ooo '{xaamiytA-O •ssaJi^V oaHfO 3So, 22, 24, 25, 26, 27, 2'i. 30. How assessed, s. 10. Omitted Names, s. 12. List to he posted, s. 13. Appeals, s. 15. ( 'ommutation, ss. 16, 18, 22. Non-resident, 17. Substitutes, 20. Delinquents, 21. Expenses, s. 23. Forms — Appendix. The Lieutenant-Governor, liy and with the advice and consent of the Legislative Assembly of the Teiritories, in Council enacts as follows : — I, This Ordinance ni;n- be cited as and Fii-e Ordinanci'." '' The Statute Labor 2. In this Ordinance the word ' Ri'-idenf means any uial" DCr'iipant of larids o^"el• i ightcim years of age and undi'v the age of sixty, excei)ting clergymen and such others as are exempt by la^\^ residing in tbe'area established, or pi'oposed to lie esl;i.blisbod, as a Statute Labor and Fire District ; and the word " Person" includes corporations, joint stuck compf anies anrl partnerships. 3. Whene^'e)• the Lieutenant-Governor is satisfied, by such proof as he may require, that an}^ portion of the Terri- tories, not exceeding an area of li-t square miles, and not either in part or wholly within the limits of any Munici- pality organized and in existence under an Onlinance of the Territories, contains a popubition of at least fifty resi- dents, he may cause nolici^s to be posted up in eight con- spicuous and widely se|iai'ated places within such area, of his intention to procbiim the same a Statute Labor and Fire Disti'ict, after the expiration of thirty days from such posting. Slatute Labor (tnd Fire Districts. 131 4. After the expiration of the thirty days named, in ilie notice hereinbefore mentioned, the Lieutenant-Governor, unless a majority of the residents within the area aforesaid, by petition, addressed to hini, object to such formation, shall proclaim the said area a Statute Labor and Fire Dis- trict, describing its limits and giving it a district number. 5. The Lieutenant-Governor shall thereafter appoint one of the residents within the district so erected as Returning Officer, who shall forthwith, by inserting an advertisement to that effect in two weekly consecutive issues of the news- paj)er published nearest to or within the distiict,. call a pulilic meeting of the residents of the district, to elect, by open voting, one of their number, being a resident, as Over- seer. The costs of such advertisement and meeting, as well as the cost of pulilishing the proclamation in the North- West Territories Gazette, to be afterwards defrayed cut of the funds of the district as hereinafter provided. 6. Every resident voting for such overseer shall sign a declaration as in Form A in the Appendix to this Ordin- ance, and )-.'Cord his vote and the lanrl upon which he votes as [)rovided in such Form, the or.ler and direction of the voting being according to the discretion of the Returning Officer, but the poll shall be open for two hou)S after the Returning Officer has declar d to the meeting that the poll was opened, and any person falsel}' recording himself as ;in occupant of lands within the distract shall be liable, on sum- mary conviction before a Justice of the Prace, to a fine of ten dollars and costs. 7. Immediately after the election of overseer, as provided in the preceding section, the Returning Officer shall make his return to the Lieutenant-Govei nor, accompanying it with the record of the voters, having first verified, such record on oath before a Justice of the Peace, or a Notary Public, as in Form B in the Appendix to this Ordinance. 8. The name of the Oxerseer so elected shall be published in the first issue of the Morth West Territories Gazette published after the election so held, the costs of such publi- cation being afterwards defrayed out of the funds of the district, as hereinafter provided ; and such overseer shall hold office for two years from the date of such publication. 132 Statute Labor and Fire Districts. Bnlese the position become vacant through death, resigna- licDj or moving out of the district, and upon the expiration •f his term, or ia the event of the position becoming so raeant, the Lieutenant-Governor shall issue his writ, to such i«si»l€iit of the district as he may designate, for another election under the piovisions of this Ordinance. 9. It shall be the duty of such Overseer to assess aroad stnd fire distiicfc tax as hereinafter provided, upon all male inlialiitants and occupiers or owners of leal estate in the iistxict over which he is Overseer. ^♦. Every resident shall be assessed one day ; and the ewner or occupant of every parcel of land in the said dis- trict to tlie extent of ; — Kot more than 160 acres shall be assessed for 2 days Over 160 and not moie tlian 320 acves. ... 8 days Over 320 and not more than 640 acres. ... 4 days Over €40 and not mure than 126o, to be paid to the Returning Officer appointed by the Lieutenant-Governor for directing and tolding such election, shall be included, and the remunera- tion of the Overseer, as hereinafter provided, shall be a first charge upon commutation moneys and fines colle(3ted by the Overseer ; and the balance shall be applied and expended by Missing Page Missing Page Missing Page Missing Page Missing Page 140 Fire Districts. CHAPTER 10. AN ORDINANCE RESPECTING EIRE DISTRICTS. "Resident" Definition of, s. 1. Erection, Fire Districts, s. 2. Order to fix Date, s. 3. Rate, s. 4. Commutation, s. 5. Powers of Guardians, s. 6. Notice, s. 7. Penalty, s. 8. Retxim, s. 9. Appendix Forms A, B, C. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : 1. In this Ordinance the word "Resident' shall mean any male occupant of lands, over eighteen years of age, resident for three months in the area established or pro- posed to be established as a Fire District. 3. Upon application, as in Form A in the Appendix to this Ordinance, signed by a majority of the residents of any district, not less than thirty-six and not more than one hun- dred and forty-four square miles ; the said application being verified on oath before a Justice of the Peace, or a Notary Public, as in Form B in the Appendix to this Ordinance, the Lieutenant-Governor may, by Order, erect such area into a Fire District, to be under the operation of the following Sec- tions of this Ordinance, (no reasonable objection being raised thereto,) and shall also appoint a Fire Guardian or Guar;- dians for the district. Provided that a notice in the Form C in the Appendix to this Ordinance, (or to the like effeet) of the intention to make such application has been posted in five conspicuous places in the described area. The sum of six dollars to cover costs of advertizing shall accompany such application. 3. Such order shall fix a date (such date not being later than fourteen days from the date of the order,) from and after which the provisions of this Ordinance shall apply to the district so erected, and such order shall be published in the Official Gazette of the Territories. 4. After the erection of the district, each resident of the Fire Districts. 141 same shall be liable to a rate of four dollars per annum, payable to the Fire Guardian or Guardians, to be expended as hereinafter provided. 5. Any resident may commute his rate by contributing labor for the benefit of the fire district at the rate of one dollar per day of eight hours for a man, or two dollars per day for a man with team and implements. 6. The Fire Guardian or Guardians shall have full direction and control of the district for fire protection, and shall apply the rate or labor, as may seem best to him or them for the purposes of this Ordinance. T. Every resident performing labor under this Oi'dinance shall receive at least eight days notice froin the Fire Guard- ian, which shall be not later than the fifteenth day of July, such notice stating the time and place wliere the labor is to be performed. b. Every resident )'ef using to pay his rate, or to commute the same before the first day of August in each year-, or re- fusing to obey the directions of the Fire Guardian, shall, upon conviction before a Justice of the Peace, be liable to a fine not exceeding twenty-five dollars, with costs of prose- cution, and, in default of payment, to be imprisoned for a term not exceeding one month ; and such fine, when recov- ere Such distress i-t of the returns of said appraisers. S. The appraisers shall, immediately after their appoint- ment, be sworn faithfully to perform their duty by any Justice of the Peace having jui-isdiction in the said distiict, and proceed to the place and view the damages done, and tiiej- niay take the evidence of any person of the facts or circumstances necessary to enable them to ascertain the extent of such damage, and for this purpose the appraisers, «r either of them, are authorized to administer an oath to every such witness. !©. The appraisers shall ascertain, and certify under tlieir liands, the amount of such damage, with fees for their services as aforesaid. 11. Within twenty-four hours, Sunday excepted, after the damages are so appraised, unless the amount so ascer- tained and the fees of the appraisers and fifty cents justice fees are paid or tendered to the distrainor, he shall cause Mi« animals distrained to be put in the nearest pound in the same district., there to remain until the same are sold, as hereinafter directed, or until the damages so certified and the fees oi the appraisers and justices, and costs of keeping »uch animals, together with the poundkeeper's fees, are paid, and if such animals are put in any pound the distrain- or shall deliver the certificate of the appraisers to the keeper ®f such pound. 1 3. The poundkeeper shall receive, keep and properly Herding of Ardmals. 147 feed the animals so delivered to him in the public pound, and shall withia ten days sell such" animals, or so many of them as are necessary, at public auction, givin a least six days' notice of such sale, bj- posting the same at such pound and at three of the most public places in the district. 13. From the proceeds of such sale the poundkeeper shall retain sufficient to paj' the amount of his fees and the cost of keeping such animals, as authorized by this Ordinance, and he shall pay to the distrainor the damages S(; certified, with fees of the appraisers and the justices, and if there is an^ surplus, the same shall be paid to the owner of such animals, if known, but if no owner appears at the time of such sale, or within one week thereafter, and claims such surplus, the same shall be paid to the Lieutenant-Govt^rnor. 14. The Lieutenant-Governor shall pay such surplus money, if claimed within one year after the distress, to the owner of such animals, but if not claimed w thin that time such sui-plus money .shall be applied to the public purposes of said district, as directed by the Lieutenant-Governor in Council. B 5. The owner of such animals shall be liable in an action at law for all damages done by such animals, without regard to the sufficiency of the fences on the lands on which dam- age is done, to be recovered in any court of competent jurisdiction. 16. Any person who unlawfully takes such animals after being distrained out of the possession of the person \, aking distress, or out of the possession of the- poundkeeper, (as the case may be,) shall be liable, on summaiy conviction before a Justice of the Peace, to a tine not exceeding forty dollars, SHid shall also be liable to double the amount of damages committed by such animals to the person injured thereby. 1 7. The provisions of this Ordinance shall not apply in the districts west of Range sixteen west of the third prin- cipal meridian, and hereafter all Municipalities shall be and are hereby withdrawn from the operation of this Ordinance, and shall not be included in any Herd District to be formed under the provisions of this Ordinance. 148 Herding of Animals. ' 18. The following shall be the fees and costs authorized by this Ordinance : (1) To the owner or occupier of the land injured'by an animal for driving and delivering the same to the poundkeeper— His reasonable expenses ; To the poundkeeper— ' , , . , For every stallion or bull, fifty cents; for every other horse, mule or jack, or head of Cdttle oi' swine, twenty-five cents ; for every sheep, goat or goose, each ten cents— for each day the same shall be impounded, for their support ; For notifying owner of animal impounded, fifty cents; For posting notices, if owner not known, one dollar, and the actual cost of newspaper advertisement when incurred ; For posting notices of sale, one dollar ; And for each mile necessarily travelled in the performance of his duties, ten cents ; And two and one-half per cent commission upon the amount realized on the sale, for selling animal and applying proceeds according to the provisions of ^s Ordinance. APPENDIX. FORM A. (Vide Section 2.) To His Honor the Lieutenant-Governor of the North-West Territories: ; The application of the undersigned sheweth . That it is desirable to put in force within (here describe the area) the provisions of "The Herd Ordinance," That your applicants comprise two-thirds of those qualified to present this application under the provisions of the said Ordinance ; Your applicants therefore pray that your Honor may be pleased to cause the proper order to be issued constituting the above-described area into a Herd District as provided by the said Ordinance. A. B., C. D., B. F., etc. FORM B. (Vide Section 2.) I, A. B., of do make oath and say : i That the total number of persons in the area described in the an- nexed application qualified to present this application under the Herd Ordinance is persons, and of the above number persons have signed the same ; That I was personally present and did see the parties whose names are attached thereto sign the same, and each of them before signing the ?ame was cognizant of the contents thereof. i\ . B. If na one per^n run rerify all ihe. siqticdures attached to the ap- plication, the above form may he altered to meet the circumstances. Herding of Animals. 149 FORM C. {Vide Section 2.) I Notice is hereby given that after the expiration of four weeks from the date of the lirst publication of this notice, application will be made to the Lieutenant-Grovemor for the erection of the following area of lands, to wit : (describe the boundaries of the proposed districts, ) into a herd di»- trict (or to be added to an existing herd district, naming the same, or to be withdrawn from the operation of the provisions of the Herd Ordinance as the case may be) under the provisions of " The Herd Ordinance." Dated at A.D 188 (Signed,) A. B. ^ C. D. * E. F. First published day of A. D. 188 loO Fnurs. CHAPTER 12. AN ORDINANCE RKSPEOriNG FENCES. Fences, ss. 1, 2. Action for riaiuayes. Cross Fence, s. -4. r>isngrecuieut, s, o. l^enaltios, ,s. 0. The Lieutenam-Crtnonior. by and with tlio advieo and consent of the Leo-islatixo AssoniMy of the Territorios, en- acts as follows : 1. No action for daniag'os caused to crops and Holds by domestic animals shall be maintained unless such cro]is and fields are enclosed by a lawful fence : Piovided that this section shall not apply to Herd districts or Municipalities in which ln--laws relating to pounds are in force. 'i. North of the rauL^'c of townships imuibered thirty, any substantial fence four feet six inches high shall be a lawful fence, if it consists ; (ii.) (,if rails or boards, the lower one not more thiui one foot from the ground, the others not more than six uchcs apart, except the top one, which may be eight inches from the next lower rail : (J>.) tM' upright posts or boards not more th«ji six inches apart ((•.) Of barbed wire and a substantial rail on the top, the wires to be not less than two in number, and the Kiwer one not more than twenty inches from (be ground ; (d.) Of counntm wire and a subst.antial top rail, the wires to be not less than four in nmnber, or mor(^ than one foot apart. (1.) In all other parts of the Territories any sidistantial fence four feet six inches high shall be a lawful fimce, if it consists : (n.) Of rails or boards, not Kvss than four in munber, the lower one not more tliau eighteen inches from the gi'ound, and each panel not exceeding twche feet in length. (?'.) Oi upright posts or boards not more than six inches apart ; 7arbed or common wire, and a substantial rail on the top, the wires to be not less than five in number, the lower not more than one foot from tne ground and the others not more than eight inches apart ; (r.) Provided that this section shall not apply to Herd disti-icts between the fifteenth day of ilay an 1 the thirty- first ilay of October in each year. 4. Wlienever the tiwner or occupier of any land erects a line or boundary fence, the owner or occupier of the adjoin- ingland shall, as soon as he encloses it by connectirg a cross fence with the s:iid line fence, pay to th?' former the fair value of one half of so jnuch of the said li le f'^a^^e as forms one .side oi; the enclosure : and each o': tie ow-ners or occupiers of adjoining lands shall make he p up, and rep;;ir a just proportion equal to one half of the fence forming a boundary between them ; and any one of such per.sons fail- in'-'- to do so after one week's notice from his neigldjor, shall compensate such neighbor to the value of the work duim in making and repairing the same. 5. In case any interested parties disagree as to what is s. lawful fence, or as to the just proportion of a line fence, which each of the adjoining owners or occupieis should 1S2 Fences. make or keep in repair, or render compensation therefor, or if damages be done by horses, mules or neat cattle break- ing into and destroying the product of any land, the same being enclosed by a lawful fence, the owner of the animals so trespassing shall pay to the party injured the amount of such damages. If the parties interested cannot agree as to question in dispute, three (3) persons shall be appointed, 0P3e by each of the interested parties, and the third by the two thus appointed, who shall decide the dispute and whose aAvard may be enforced in any Court of law. C. Any person who erects or has on his premises, a wire fraice, without a securely fastened and substantial top rail throughout its whole length, shall, upon summary conviction before a Justice of the Peace, be liable to a penalty not exceeding one hundred dollars and costs, and in default of payment of such fine and costs, to imprisonment not ex- ^eding three months. Straying of Animals. 153 CHAPTER 13. AN ORDINANCE RESPECTING TRESPASSING AND STRAYING OF ANIMALS. Title. Interpretation, s. 1. Pound District, s. 2. Estray, s. 3. Impounding Trespassers, ss. 4, 5. Damages, ss. 6, 7. Poimdage Fees, s. 8. Security, s. 9. Poundkeepers and their Duties,s.lO. Proceeds of sale, s. 11. Poundkeeper not to. become pur chaser, s. 12. Fees^ s. 13. Recovering impounded animals, s. 14. Penalty, s. 15. Rescue, s. 16. Disputes, s. 17. Right of Action, s. 18. Poundkeepers' Returns, s. 19. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembty o£ the Territories, enacts as follows : 1. In this Ordinance, (1.) The word " animal " means any horse, mule, jack, sheep, goat, neat cattle, swine or geese ; (2.) The word " trespasser " means any animal which breaks into any ground enclosed by a lawful fence ; (3.) The word " estray " means any stallion of the age of one year or upwards, any swine or geese running at large, and any bull one year old or upwards running at lai-ge be- tween the first day of February and the first day of June. 3. The Lieutenant-Governor may, by order published in the official Gazette of the Territories, constitute any par o the Territories, not less than 144 square miles in area, into a pound distiict, and appoint therefor one or more pound- keepers. 3. The Lieutenant-Governoi', on an application signed by ten farmers of any pound district constituted as herein- before provided, may order that any bull declared an estray by^this Ordinance, running at large in such pound district, shall be counted an estray, or not an estray, at any season named in the order, and the Lieutenant-Governor, on a like application, may in any ensuing year rescind such order. ]54 Straying of Animals. 4. The owner or occupier of any land .surrounded by a lawful fence, or his agent, may capture any trespasser upon such land, and drive and deliver the same to the nearest poundkeepei- of the pound district in which the trespass was committed, and the said pound-keeper shall impound such trespasser, 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 damages caused by. and all chai'ges for the keep and other incidental expenses connected with, such trespasser, before delivering up the same to the owner ; and > it shall be the duty of the captor to leave with the pound- keeper a statement in writing to his claim for damages done by sue! I trespasser, and his leasonabl charges incurred in driving the trespasser to and delivering the same to the pound-keeper. 5. Any resident in the Territories may capture any estray found wj,thin any pound district, and drive and deliver the same to the pound-keeper of such district ; and the saides- tray shall be dealt with in every way as a trespasser under this Ordinance. 6. In every case where damage is done to the enclosed lands of any person by anj? of the animals hereinbefore men- tioned breaking the fences enclosing the same, such animal shall be considered and treated as a trespasser within the meaning of this Ordinance, if that part of the fence broken by such animal wer(^ la^^'ful, although other parts of the en- closing fence nrnj- not be lawful ; and any animal hereinbe- fore mentioned 1 ireaking through ' a division fence, which its owner 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 shall not be a lawful fence. 7. The ()^\ner or occupant of any land, or the person in charge of any animal, shall be liable for any dama-es caused by such animal under his charge as though such animal wei-e his own property ; and the owner of any animal not permitted to run at large b}^ law shall be liable for any dam- ages done by such animal, although the fence enclosiiag the preaiis(.\s was not a lawful fence. " . Stnii/iuj/ of Animals. 155 '8. The person capturing any animal shall, at the time of delivering the same to the pound-koeper, deposit poundage fees, if such are demanded, and with the statement of his demand, as hereinbefore providAvl, give to the pound-keeper with a surety, if required by tlie pound-keeper, his written agreement in the words, or ti) the following eifect : "1, A. B., do her. by agree that I will jiay to the owner of the {desci-lhiny tlie iiiiiDiid) hy me this Ai\,y hupouiideA, all costs to which the said owner may be J )ut m case the distress by me j)rnves to be illegal, or in case the claiin for damages by lae ails to be estab- lished." 9. The owner of any animal impounded shall at an}- time" be entitled to his animal on demand made therefor without payment of any poundage fees, on giving satisfactory secu- rity to the pound-keeper for all costs, damages and poundage fees that may be established against l.im. SO. On the pound-keep;;r impounding an animal it shall be his duty — (l.) If the owner be known, to immediately notify him of such impounding and if sueli owner refuse within -three daj^s after such notification to pay all lawful damages and other charges, and tike away his animal, to advertise for at least ten days the sale of such .luiinal, by posting notices in three of the most public places in the pound district, and upon the day named in such notice for such sale, to sell such animal by public auction ; (2.) If the owner iju not known, to cause to be posted forthwith in t'lree of the most public places in the pound district, and if reasonal)ly practic ible to be inserted in the nearest newspaper published in the Territories (in both Eng- lish and French if apparently necessary), a notice giving as near as possiljle all the marks, nafcuiMl and artificial, ci)lor, and probable age of sucit animal ; and after the expiration from the date <>f such notice of — (ft) Twenty days, If the animal Ua a liorse,' mule, jack, or one of the neat cat- tle species and over twd years old, and (b) Six days. If the animal lie of the last mentioned kinds under two years old, or of nny other kind of any age — If no owner be found, the pound-keeper shall advertise 156 Straying of Animals. and sell the animal in the same manner as herein provided when the owner is known. II. The pound-keeper shall apply the proceeds of any- such sale as follows : (1) To the payment of his own proper charges ; (2.) To the payment of the captor's reasonable charges arid damages ; (:i.) The balance to the owner of the animal sold, if known, and if not known, after the same has remained in his hands for three months unclaimed, to the Lieutenant- Governor, to become, if still unclaimed for one year there- after, a part of the revenue of the Territories. 1 S. The pound-keeper shall neithei- directly nor indirect- ly become the purchaser at any sale conducted under his direction. 1 3. The persons mentioned in this Ordinance shall be entitled to receive the following amounts : (I.) The owner or occupier of the land injured by a tres- passer, or the captor of an estray, for driving and delivering the same to the poundktn^per — His reasonable expenses ; (2.) The pound-keeper — For every stallion . or bull, fifty cents ; for every other horse, mule or jack, or head of cattle or swine, twenty-five cents ; for every sheep, goat or goose, each ten cents — for each day the same shall be impounded*, for their support ; For notifying owner of animal impounded, fifty cents ; For posting notices if owner not known, one dollar ; and the actual cost of newspaper advertisements when incurred ; For posting notices of sale, one dollar ; And for each mile necessarily travelled in the perform- ance of his duties, ten cents ; And two and one half per cent, commission upon the amountrealized on the sale, for selling animal and applying proceeds according to the provisions of this Ordinance. 14. The owner of any animal captured or impounded under the provisions of this Ordinance shall be entitled to recover the same from any person in whose possession such animal rnay be, upon tender of all damages committed and the charges incurred up to the time of the tender. Straying of Animals. 157 1 5. A pound-keeper guilty of any neglect of duty im- posed upon him by this Ordinance shall be liable to a penalty not exceeding one hundred dollars, upon the com- plaint only of the party who suffers by such neglect. IC If any person shall rescue any trespasser or estray from the person laM^fully taking the same to the pound, he shall be liable to a penalty not exceeding twenty dollars ; and if any person shall make a breach of any pound, or shall THiduly set at large any animal impounded, he shall be liable to a penalty not exceeding forty dollars. 1 T. In case of dispute between any of the parties men- tioned in this Ordinance, or of any complaint being made that any penalty has been incurred, the same may be brought before a Justice of the Peace and disposed of by him in a summary manner. 18. Nothing herein contained shall be construed to im- pair the right of action under any statute, ordinance, or the common law, for damages occasioned by trespassers within the meaning of this Ordinance. 19. Every pound-keeper shall forward to the Lieutenant- Governor, on the thirty-tirst day of December in each year, a return in such form as he may direct, showing all cattle impounded during the'j^ear, and the amount of damages and other charges paid, and all sales made by him, and the surplus, if any, on each sale, and how much surplus was disposed of. 30. This Ordinance shall not apply within any Munici- pality. 158 Bulls. CHAPTER 14. AN ORDINANCE RESPECTING BULLS. Districts afiected by Ordinance, s. 1 j Districts not included, s. 5. . Bulls, ss, L', o, 4. I Notice, Form A. The Lieutenant-Governor, by and with the advice and coiisent of the Legislative Assembly of the Territories, enacts as foUcnvs : I. This Ordinance shall couie into force and take effect only in such portion or portions of the Territories, and at and from such time or times as the Lieutenant-Governor may designate and fix by order puVjlished in thepfEcial Gazette of the Teriitoiies. 3. WheneveL- this Ordinance is put into force, as afore- said, in any portion of the Territories, erected into a Stock District, no bull of one year old or upwai-ds shall be per- mitted, to run at large between the first day of April and the first day of July in each year ; and whenever the said Orilinance is likewise put into force in any other part of the Territories, no bull as aforesaid shall be permitted to run at large at any time. S. Any person who hnds a bull unlawfully permitted to run at large may capture and confine the same, and as soon thereafter as conveniently practicable, shall notify the owner thereof, if known to such captor, and if such owner do not within a reasonable time after I'eceiving such notice, take away such bull and pay the captoi- thereof five dollars for his trouble, and twenty-five cents per day for the l^eep of the said bull every day the same has been in his custody, such ownei- shall be lialjle, on prosecution in a summai'V way before a Justice of the Peace, to a fine not exceeding twenty dollars, together with the costs of prosecution, fee for cap- turing, and the cost of keeping the bull as aforesaid ; which said fee and the cost of keeping the bull as aforesaid, shall be paid over, on collection, to the captor ; and in default of paj^ment of such fine, fee and costs, the Justice of the Peace maj^ grant his warrant to levy the same by distress BidLs. 159 and wale of the goods and chattels of the owner of such bull. t)^ 4. AYhen the owner of any bull so captured and confined is unknown to the captor ,the said captor shall post up a notice in Form A of this Ordinance, in three public places in the neighborhood of the capture, and advertise such notice in four consecutive weekly issues of a newspaper published nearest the place of residence of the captor,and the owner thereof shall be entitled to receive delivery thereof on the conditions set forfch in the next preceding section and upon paying the expenses incurred for advertising ; but, if at the end of four weeks after the last publication of the advertijSement, no owner be found for such 'bull, then, upon application to a Justice of the Peace, the said Justice may, after ten days' notice, posted up in three conspicuous places in the neigh- borhood, such notice stating time and place pf sale, caxise the said bull to be sold ; and out of the proceeds of such sale, first pay expenses of sale and advertising and then the sum of five dollars and costs of keeping, to the captor ; and after defra}ing all other expenses, pay over the balance to the General Fund of the Territories. 5. This Ordinance shall not apply to pound districts, under " the Ordinance respecting Trespassing and Straying of Animals." , FORM A. Public Notice. (Vide t-'ection 4-) ^uiicei&hiivehy given, ihat (description of Bidl) is detaiued by the undersii^iied, at (place ivhere detained), and if not claimed will be sold in accordance with the provisions i>( the Ordinance respecting Bulls. 160 Stallions. [ CHAPTER 15. AN ORDINANCE RESPECTING STALLIONS. Stallions s. 1. ' Proceedings after restraint, s. 3. Proceedings to restrain, b. 2. ' The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly o£ the Territories, en- acts as follows : 1 . No stallion of one year old or upwards . shall be per- mitted to run at large within ten miles of any settlement in the Territories. 3. Any person, who finds a stallion unlawfully permitted to run at large, may capture and confine the same, and as soon thereafter as conveniently practicable, shall notify the owner thereof, if known to such captor ; and if such owner do not within a reasonable time after receiving such notice, take away such stallion and pay the captor thereof five dol- lars for his trouble, and ,twenty-five cents per day for the keep of the said stallion every day it has been in his custody, such owner shall be liable on prosecution in a summary way before a Justice of the Peace, to a fine not exceeding twenty dollars, together with the costs of prosecution, fee for cap- turing, and the cost of keeping the stallion as aforesaid : which said fee and the cost of keeping, shall be paid over, on collection, to the person who captured him; and in de- fault of payment of such fine, fee, and costs, the Justice of the Peace may grant his warrant to levy the same by dis- tress and sale of the goods and chattels of the owner of such stallion. 3. When the owner of any stallion so captured and con- fined is unknov/n to the captor, the said captor shall apply to a Justice of the Peace, who shall cause a notice to be posted up in three piiblic places in the neighborhood of the capture, and likewise cause an advertisement to be published in the Official Gazette, and in four consecutive issues of a newspaper published nearest the place of residence of the captor, describing such horse and to whom application Stallions. 161 therefor may be made ; and the owner thereof shall be en- titled to his stallion in compliance with the conditions here- inbefore set forth and paying the expenses incurred for ad- vertising ; but if at the end of four weeks after the last publication of the advertisement the stallion has not been delivered up as aforesaid, then the said Justice, or in his absence any other Justice of the Peace, may, after ten days' notice, cause the said stallion to be sold, and out of the pro- ceeds of such sale ipay live dollars and the cost of keeping the stallion to the' captor thereof, and, after defraying all other expenses, pay over the balance to the General Rav- enue Fund of the Territories. IG:^ , Prolnding S/u'ep. CHAPTER 16. AN ORDINANCE FOR THE PROTECTION OF SHEEP. Dogs worrying sheep may be des- troyed, s. 1. Penalty uij owner, s. 2, Conviction not to bar civil action. Proof of Dog's propensity not ne- cessary, s 4. Pines, how disposed of,s. 5. The Lieutenant-Go\'ernor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts us follows : 1. Anj^ person may kill anj^ dog in the act of pursuing, woriyiug or destroying sheep, lambs, calves, colts, pigs or poultry, elsewhere than by the owner of sucli dog. on the enclosed land occupied S. C)n complaint made on oath bet\)re a Justice of the Peace, that any person owns or has in his possession a dog, which lias within three months previous worried, injured or destroyed any sheep, land;>, calves, colts, pigs or poultry, outside the enclosed land occupied by the owner of such dog, such Justice of the Peace may issue his summons, directed to sucli pei'son, stating shorth^^he matter of such complaint, and requiring sucli person to appear before him at a certain time and place therein stated, to answei' to such complaint; and upon conviction, on the evidence of one credible wit- ness, C'tJiei' than the complainant, of having such dog in his possession, the Justice of the Peaci^ may malee an order for the killing of such dog within three days, and in default thereof nuiyin his discretion impose a fine upon such person Eoi exceeding twenty dollars, with costs, to be levied by distress on the goods and chattels uf such person. S. No conviction under this Ordinance shall bar any action l>y the owner or jiossessor as aforesaid, for the reco- very of damages in respect of the subject matter for which such conviction is had. Protecting Sheep. 163 4. It shall not be necessary i'or the plaiijtitt' in any action i'orinjuriesdoneby adog.as aforesaid, to prove that the defend- ant was aware of the propensity of the same to pursue andin- jureanimals, nor shall the liabilityoftheownerorpossessoras aforesaid of any dog, for any injury done by such dog, de- pend upon his previous knowledge of the propensity of the same to injure animals. ' 5. All fines recovered under this Ordinance shall be paid into the General Revenue Fund of the Territories. ]'04 Driving off Hoi ■ted and CuKh'. CHAPTER 17. AN ORDINANCE FOR DRIVINtJ OFF HORSES AND CATTLE. Penalties, s. 1. ' Civil action, s. 2. The Lieutenant-Governor, hy and with the advice and consent of the Legislative Assembly of the Teriitories, enacts as follows : 1. Any person who takes, rides or drives off any hcirse or mule belonging to another -.vithout the owner's consent, or who, when bringing liis own animal from the prairie, takes or drives off the horse or mule of any other person grazing with his own, or who wilfully or negligently causes or al- lows horses mules or cattle of other parties to be, driven with his hei'd more than ii\"e niiles from ilieir grazing places, shall, upon conviction thereof bei'ore a Justice of the Peace, be liable to a fine of not exceeding one hundred dollars and costs of prosecution, and in default of payment to be im- prisoned for a term net exceeding three months ; piovided tliat if tl'ie owner of ai.y nnimal. in trimnng it hem the praiiie, fiuus it lieee.s.vLry to dri\e oilier animals a gi eater distance than five mile^^ before he can separate his own animal from among tlein, he shall not be liable to the pen- alties imposed by tliis Oi'dinar.ce, if he at once di'iv^s back such otlier aiiiiiuds to the place from wbich he drove tlseni. 3. Nothing in this Ordinance shall preveUt the owner of" any animal taken, ridden or driven off", as aforesaid, bringing a civil action for damages in addition to any penalty im- posed under this Ordinance. Diseases af Animals. 1 65 CHAPTER 18. AN ORDINANCE RESPJiCTlNG INiECTIOUS AND CONTAGIOUS DISEASES OF DOMESTIC ANIMALS. Veterinary Surgeons, s. 1. Infecti'ius Diseases,- ■». 2, 3. Proceedings to suppress same, ss. i, 5, 6, 7, 8. Penalties, s. 9. Fees, s. 10. Inspection of Animals, s. 11. Forms, A, B, C. The Lieutenant-Governov, by and with the advice and consent of the Legislative Assembly of the Territories, enaets as follows : 1 . The Lieutenant-Governor may, whenever he considers it necessary, appoint one or more Veterinary Surgeons, de- fining in such appointments the district or limits within which each such veterinary surgeon shall exercise the pow- ers by Law imposed on him. 3. The owner of any horse or animal aifected with glan- ders or farcy, or the person in whose charge such animal may be, shall, imme'liately on ascertaining that the animal is aifected, or on being notified thereof, in writing, by a vet- erinary surgeon, appointed as aforesaid, kill such animal, and burn or bury the carcass of the same to the satis- faction of the veterinary surgeon aforesaid. And in case the owner or person, in whose charge the affected animal may be, refuses or neglects to carry out the provisions of this section, the veterinary surgeon may kill and burn or bury the carcass of the animal, at the expense of the said owner or keeper ; provided however, that if the owner of such animal has reason to believe that it is not affected with glanders or farcy, he may deliver a notice in writing to that effect to the veterinary surgeon, and the veterinary surgeon shall thereupon place the animal in quarantine, and shall give notice requiring the owner or person in whose charge such animal may be, to be and appear before such Justice of the Peace as may be named in such notice, at such time and at such place as may therein be named, to show cause why the said animal should not be destroyed ; and the Missing Page Missing Page Missing Page APPENDIX. FOKM A. (riff,? Section 4.) In the matter oE a diseasnd A B Complainant, and C D Coinplaino'1 against. ^> -^ B of farmei-, (or as the case may be) make oath and say as follows : 1. I reside at 2. IknowO D who resides at and who is by occupation a farmer, or (as the case may he). 3. The said C D owns, (or has in liis possession, or on hia premises, or elsewhere, or running at large, a horse, mare, cow, ox or other domestic animal, naming the animal, as the factis.whioli to the best ot my Know- ledge and belief, (or according to my infortnation, as the case may bo,) is affected with some infectious or contagious disease, dangerous to life. Sworn before me at this day of 18 J P FORM B. Vide Section 4.) ORDER AND SUMMONS. In the matter of a diseased A B Complainant, and C D Complained against. Upon the application of A. B., and upon reading.the affidavit of I do order that G. H. do forthwith make examination of a certain (here describe the animal) of C. D", in (here describe where the animal is,) alleged to be infected with some infectious or contagious disease, and report the result to me in writing, in pursuance of the "Ordinance respecting infectious and contagious diseases of domestic animeils" on'the ^ day of at o'clock in the noon; and I d o order that the said G. H. do personally'appear before meat that time at And I do further Older that C. D. do person- ally appear before me at on the said day of at o'clock in the noon, to answer the complaint made against him in respect to the said 'diseased animal, wEenthe sam e will be heard and the matter determined accord ing to law. Dated day of X Y J. P. Missing Page Brands. 173 which veut brand shall not in any case be placed in such a position as to obliterate or efface the original brand, and where any such vent brand shall have been branded as aforesaid, it shall be frima facie evidence of sale or transfer. II. Everj- person recording a brand shall also at the same time record and register his vent brand. 1 ?J. If any peison shall brand, or cause to be branded, any stock the property of anot.hei- persoh, witliout that other person's consent, he shall pay the owner of the same thiee times the value of the animal so branded, and any such owner may sue for and recover the same in any Court of competent jurisdiction. 13. The owner of anj- recorded brand may, by writing, transfer the same to any person, who may record the trans- fer, and the transferee shall have thereafter all the rights of the pei'Ron who first recoided it. 14. The presence of a recorded brand on any animal shall he prima facie evidence of the ownership of such ani- mal by the owner of such brand. 15. The following fees sLmII be paid to the officials men- tioned in this Ordinance : To the sub-recorder for receiving each application for registration of a brand and for transmit- ting the same to the recorder, $ .75 Fee to accompany each application sent to the recorder, 1-25 For each certified copy of a recorded bi'and, . . . .50 For every search for brand, 25 IS. The ]-ecorder shall, on the first d^y of the month of Januaiy and July in each year, make a return to the Lieutenant-Governor, verified on oath before a Judge of the Supreme Court, showing the emoluments of his office dur- ing the six months next preceding. Missing Page 174 PraArie mpanying certificate, signed by one of the subset ibers and verified before a Justice of the Peace or a Notary Public ; such declaration and certificate to be in Form A of this Ordinance. Provided always, that the applicants shall reside within twenty -five miles of the place where such first exhibition is to be held, and have not already signed any declaration for the ^tablishuient of an existing Agricultural Society under this ©rdinance. 3. Upon the Lieutenant-Governor acknowledging the, receipt of a declaration as aforesaid, expressing his approval of the organization of the proposed Agricultural Society, the party making the certificate accompanying the »«me, or in his absence any one appoiii ted by the Lieutenant- ©overnor, shall call a meeting for the election of tlie Agricultural Societies. 179 various officers by public notice published for two weeks in the nearest newspaper, or posted in five conspicuous places at least fifteen days before the time fixed for holding such meeting, and it shall be held in a central and con- venient place. 4. Any person may become a member of an Agricultural Society organized under this Ordinance by paying to the Treasurer thereof yearly the sum of one dollar. 5. The object of Societies organized under this Ordinance shall be to enccmrage improvement in Agriculture ; (a) By importing or otherwise procuring seeds, plants and animals of new and valuable kinds ; (i) By awarding prizes for excellence in the raising or introduction of stock, the invention or improvement of agricultural implements or machines, the production of grain and all kinds of vegetables, plants, flowers and fruits, horae manufactures and works of art, and generally for excellence in any agricultural production or oper- ation ; (c) By offering prizes for essays on questions of scien- tific enquiry relating to agriculture, and the best systems of protection against prairie fires. 4>. The funds of the Society, however derived, may be expended for any object not inconsistent with those autho- rized by this Ordinance. 7. The annual meeting of every Society shall be held in the month of January in each year on call of the President, who shall give eight days' written or printed public notice thereof, when there shall be elected a President, two Vice- Presidents, a Secretary-Treasurer, or a Secretary and Treasurer, and not less than seven Directors and an Auditor, another to be appointed by the President then elected ; and the place for holding the annual exhibition shall be also then decided; and the persons entitled to vote at such meeting shall be paid-up members for the ensuing year. 8. The meeting of the Officers shall be held pursuant to adjournment, or called by written notice given by authority ISO Agricultwral Societies. of the President, or in his absence of the senior Vice-Presi- dent, at least ten daj'S before the. day appointed, and at any meeting five shall be a quorum. 9. The said Officers and Directors shall, in addition to the ordinary duties of management, cause to be prepared, and shall present at the annual meeting, a report of their pro- ceedings during the yea)-, in which shall be stated the names of all the members of the Society, the amount paid by each set opposite his name, the names of all persons to whom prizes have been awarded, the amount of such prizes respec- tively, together with such remarks and suggestions upon Agriculture in the District, as the Directors are enabled to offer. 10. There shall also be presented to the said annual meet- ing, a detailed statement of the receipts and disbursements of the Society during the year. 1 1. The said report and statement, if approved by the meeting, shall be entered in the SocietA^'s Journal, kept for such purpose, and signed by the President, or Vice-President, as being a correct entiy ; and a true copy thereof, certified by the President and Seci'etary for the time being, shall be sent to the Lieutenant-Governor, on or before the fifteenth -day of February next following the date of such meeting. « f^ 13 The said Officers and Directors shall answer and give such information as the Lieutenant-Governor may, from time to time, require touching the interest or condition of agriculture in their districts. 1 3. Whenever the President and the Secretary of a Society formed under this Ordinance, have transmitted to the Lieu- tenant-Governor a certificate in Form B of this Ordinance, .showing the organization of such Society, the number of members forming the same, which shall be at least seventy- five, the amount of subscriptions paid up, and funds subscri- bed, the Lieutenant-Governor in Council may grant to the .said Society, out of the General Eevenue Fund of the North- West Territories, a sum not exceeding the amount subscrib- ed and paid to the said Society. 1 4. Each Society formed under this Ordinance shall be a Corporation with a Corpbrate Seal, under the name of the Agricultural Societies. 181 Agricultural Society of (inserting the name of the Society) and shall have power to acquire and possess real estate and to dispose of the same for all purposes of the sa,id Society. SCHEDULE. FORM A. {Vide Section 2.) We the undersigned, each being over eighteen years of age and residing witliin twenty-five miles of {name of place) being the proposed place of holding the first exhibition, agree to form ourselves into a Society, under the provisions of the Agricultural Sjcieties Ordinance, uncler the name of {name of Society) and we respectivL-ly promise to pay to the Treasurer of the said Society, annujlly, as long as "wc continue members thereof, the sum set opposite our respective n^mos, and to conform ourselves to the By-Laws and Regulations of the said Society. And we hereby state that we have not previously signed any declaration for the establishment of an existing Agricultural Society under the said Ordinance. Name. Subscription. one of the Subscribers to the above dcc'aration, hereby" certify that the sum of at lea-^t nnn dollar has been paid by each of the above Subscribers, i^g his flrst annual sub-criutinn to the proposed Agricultural Soi iety of {insert proposed name, of Socie'y> ; and rhat I hold, on behalf of the said proposed Society, the sev*iral amouu'ts so paid. Sworn before me at in the N'orth West Territories, this day of \.Sinnature of Subscriber. J. P. or N. P. 182 Agricultural Societies. FORM B. ' ( Vide Section 13.) Wo, A. B., PresideBt o( the Agricultural Society of and CD., Secretary of the said Society, certify and declare that the said Soci ty is now regularly organized, that the actual number of Members is and that the sum of has been subscribed by and is now at ths disposal of the said Society. A. H., President. C. D., Secretary. Dated this day of 188 . Cemeteries. L8* CHAPTEB 2-3:. AN ORDINANCE TO INCORPORATE G0MPANII3S FOR TZE ESTABLISHJIENT OF CEMETERIES. :^itle, 3 1. , F,jrm ,,f jeed, s. 16. Esrabhshraent of Public Cemeter-I Iireresr un srnck, s. 17. ies, 3, 2. I Sale.. f sites, s. IS. Pr..visi(ins respecting same, s. 3 1 Sharelvld'Ts. s. 19. Form of Instrument, s. 4. i Direclurs, s. ^0. Enclosure of Cemeteries, s 5. i bale of lots, s 21 Repairs, s 6. Manatjement, s. 22. Drainage, s 7- First iDireclnrs, s. 23. Polluting streams, 3 8. Vntinn, s. 24 Penalties, ss 9, 10, 30. President, s 25. Burials, s 11 By Laws, s. 26 Must beconducteddecently, s. 12. ; Recording Book, s. 27. Graves for strangers and poor, s 13. Instalments, s. 28, Exemption from taxation, s. 14. j Liability of Direcwirs, s. 29. Registration of lots, s, 15. The Lieutenant-Governor, by and with the advice and consent of the Legislative Asseml.>ly of the Teiritoiies, ea- acts as follows : 1. This Ordinance m8.y be cited as " The Cemetery Or- dinance." 3. Any number of persons, not less than twenty, may form themselves into a comjany for the pu] pose of estab- lishing one or more public (V>inet(.'ries outside the limits oif any town, unless permission l;f given by by-law of said town for such establishment within its limits. 3. Subject to the preceding section, when any number of persons, not less than twenty, have {a) Subscribed stock to an amount adequate to the pur- chase of the grcund required for such a Cenieteiy, and (h) Executed an instrument according to the form in the next section contained, and c) Paid to the treasurer of the j^roposed company twenty- 1&4< Cemeteries. ground is &ve per cent, of the capital stock intended to be raised, and (ft.) Deposited such, instrument, or a duplicate thereof, to- gs^er with a receipt from the treasurer for the first instal- EKHit of twenty-five pei- cent, with the Registrar of Deeds •i' the Land Registration District in which the siiuaie, Tlie Company shall thenceforth become and Le a body cor- porata, by the name desiynateil in the instrument so depos- itesl, and may take, hold and convey the land to be used ascluaively as a Cemetery or place for the burial of the dead. -4. The instrument refei'red to may be in the form follow- iiag: Beit remembered that on tliis day of i» the year of Our Lard one thousand eight hundred and eighty , we, the iHsd«rsigTij.d ehareholders^mi^t at in the North-West Territories, and restihtd to fiam (Ulsel^ts into a Cemetery Company, to be called the Cemetery Cuiiipany, under the provisions- of "The Cemetery ©rdiBiinc'o;" ftnd "wc do 111 lL■^y a^'rcc ihntthe capital stock of the said company shall be dollars, to be divided into shares of A©llai3 each, entitling the holder to one hundred superficial feet; and we, the mnderaignt-d shareholders, do hereby agree to accept und take the number of afeaxcH eet by us opposite our resycftivL- signatures ; and we do hereby agree to pay t£io calls thereon according to the provisions of the said OrJirance, and the rades! and regulations and by-laws of the company, to be made in that behalf," irAMH. NO. OF SHARES. AMOUNT. fia The Company shall within two years from its incor- poration, by walls or other fences, enclose every part of the C«metery lield by them. C. The Company shall also, out of the moneys received \ Cemeteries. , ' 185 by virtue of this Ordinance, keep the Cemetery and the buillings and fences thereof in complete repair, and in good order and condition. 7. The Company 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 existin-- sewer, with the consent in writing of the persons having the management of the street or i oad, and with the like consent of the owner or occupier of the land through which, or part of which, the opening is intended to be made, doing as little damage as |)ossiljle to the street, road or land, wherein the same is made, am.l restoring it to the same or as good condition as it was in before being disturbed. 8. If the Company at any time causes or suffers to be brought to or to flow in any rive}', spring, well, stream, canal, reservoir, aqueduct, pond or watering place, any offensive matter from the Censeteiy, whereby the water is fouled, the Company shall forfeit, for e^ery such otftiice, five hundred dolkus. 9. The said penalty, with full costs of suit, maj-, by a civil action in any Court of competent jurisdiction, be re- covered by any person having a right to u^e 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. 10. In addition to tlie penalty of five hundred dollars, (and whether the same has been recovered or not,) any per- son, hiviti''' a rig'it to use the water, may sue the coinpiny, in a civil action, for any damage specially sustained by him by reason of the v/ater being fouled, or, if no special damage is alle^ncd, then for the sura of ten dollars for every da}' during which the oilensive matter has continued to be brouo-ht 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. 1 1. No body shall be buried in a vault, or other space, under any Chapel or other building in the Cemeteiy, nor 86 Cemeteries. within fifteen feet of the outer wall of any such Chapel or building. I '£. The Company shall make regulations to ensure all burials within the Cemetry being conducted in a decent and i S. The Company shall furnish graves for strangers, and for the poor of all denominations, free of charge, on the cer- tificate, in the lattei' case, of a minister or clergyman of the denomination to which the deceased belonged, that the rela- tives of the deceased are poor and cannot afford to purchase a lot in the Cemetery. 1 4. The real estate of the Company, and the lots or plots, when conveyed by the Company to individual proprietors for burial sites, shall be exempt from taxation of any kind, and shall not be liable to be seized or sold under execution. 15. When a lot has been sold by the Company for a burial site, the conveyance shall not require to be registered for any purpose whatever, and .shall not be affected by any Eegistry Act, nor shall any judgment, mortgage Or incum- brance subsist on any lot so conveyed. 1 6. The deeds from the Company shall be in the following form : "Know all men by these presents, that the Cemetery Com- pany, in con|lderation of dollars, paid to them by <*' , the receipt whereof is hereby acknowledged, grants unt» th» said , his heirs and assigns, lot of land in the Cjni ^ tcry of the said Company, called , and situate ii. which lot is delineated and laid down on (die map of the said Cemetery, and is thereon designated as , containing: by measurement supirflcial feet." 17. From and out of the proceeds of the sales of burial sites made by the Company, the Company may pay to its shareholders who may not desire to take land in the Ceme- tery to the full extent of the stock subscribed for aad paid by them, interest on their paid up stock, not represented by land in the Cemetery, at such rate as may lie agreed on, not exceedingly eight per centum per arinum, and may also repay to such shareholders the amount of paid up stock held by thein, not represented by land in the Cemetery. Cemeteries. 187 (1.) Every such shai-eholder 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, htld by him and fully paid up, and which are not represented by land in the Cemetery, until such shares are repaid 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, (2.) Except as aforesaid, no dividend or proiit of any kind shall be paid by the Company to any member there 18. Subject to the provisions in the preceding section contained, one half of the proceeds of all sah-s of burial sites made by the Company, 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 payment of the purchase money, the proceeds of all future sales shall be applied to the preser- vation, improvement and embellishment of the Cemetery and to the incidental expenses thereof, and ta u6 other pur- pose whatever. lU. Every proprietor of a lot in the Cemetery, contain- ing 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 th? Company, and every such lot shall be deemeel a share in the Company. 20. Every shareholder who has paid to the company not less than ten dollars in all on his share or shares, shall be eligible as a Director. 2 1 . The Company may sell a lot of any size, but no pro- prietor of a lot containing less than one hundred superficial feet shall thereby become a member of the Company or have any vote in the management of the affairs thereof. 22. The affairs and property of the Company shall be managed by five directors, a majority of whom shall form a quorum. 2S. The first directors shall be chosen by ballot from 188 Cemeteries. among the subscribers to the instrument creating the Com pany ; and thereafter the directors shall be annually elect ed by the shareholders, on the first Monday in June in every year. 34. Upon every election of directors, including the first, every shareholder shall be entitled to one vote for every share he holds, or is possessed of, up to ten, and one vote for every five shares above ten ; Ijut no shareholder shall vote unless he has paid at least two dollars upon each share on which he votes. 35. The directors, or a majority of them, shall, at their first meeting, elect one of their number to be President of the Company, 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. 3<». The directors may pass by-laws for the laying out, selling and managing of the ground, for regulating the erec- tion of tombs, monuments and grave stones therein, and for empowering the President to execute conveyances of plots to shareholders. 3T. The directors shall record in a book kept 'for the purpose, all their by-la vs and proceedings, and every person shall have a^-cess to such book for the purpose of searching and making extracts therefrom, without payment of any fee. 38. The directors may also call for instalments on the sums subscribed for, and may appoint a time for the pay- ment thereof, and if the same are not then paid, the right of the subscriber and every instalment formerly paid shall be forfeited, and he shall be held not to have subscribed, unless tlie diriBctors think it expedient to remit the forfeiture, which thr ,' may do if the instalments are paid, with inter- est, withii one year after the day when they ought to have been paid. 39. The Directors shall be personally liable for any judg- ment reco^ '.red against the Company. Ge7)ieteries. 189 30. Any person who, in a Cemetery established under this Ordinance, (1.) Plays any game or sport ; or (2.) Discharges fire-arms (save at a military funeral) ; or who (3.) Commits a nuisance therein ; Shall, upon conviction thereof, in a summary manner before a Justice of the Peace, be punished by a fine of not less than five dollars, nor more than one hundred dollars and costs of prosecution. 190 Protection of Game. CHAPTER 25. AN ORDINANCE FOE, THE PROTECTION OF GAME. Title, s 1. CLise season, Deer species, s 2. Water fowl etc, s. 3. Eggs of WUd ¥i iwl, a, 4. Special cuntrivances forbidden, ss. 5,7. Close season, Fur animals, s. 6. Possessicn prima facie evidence, a. 8. Guardians, ss. 9, 10. Exp(irtati-ree make the fording of such stream any more difficult than it would otherwise have been. 1 1 . The Lieutenant-Governor-in- Council shall express aiid define in every ferry license granted, the maximum rate of tolls, on payment of which persons and property shall be ferried over the river or stream within the limits to which license applies, the kind and size of vessels to be used in such ferrying, the limits of river and length of time covered by such license and the provisions, reservations and liabilities pro- vided in this Ordinance, shall apply to every such license. 1 'i. Every person holding a ferry license shall keep at all times posted up in a conspicuous place on both sides of the river, as near as possible to such fitrry, a schedule or clear statement, certified by the Clerk of the Legislative Assembly, showing the ferry rates and the hours of crossing. 13. The Lieutenant-Govertior-in-Council may, from time to time, appoint ferry inspectors, not having any interest in such ferry as owner, surety or otherwise, whose duty it shall be to report on the condition of such ferry or infractions of this Ordinance by the licensee, from time to time as re- quested by the Lieutenant-Governor, or on complaint of any party using or desiring to use any such ferry. And if at any time a person holding a ferry license fails to comply with the written directions of an inspector, by neglecting to repair or not removing a vessel condemned, or not providing a suitable vessel within the time specified in such direction, he shall forfeit his license. 1 4. Before any license granted, as hereinbefore provided, shall take effect, the licensee shall give to the Lieutenant- Governor a bond with one or more approved sureties, in a, penal sum of one thousand dollars, conditioned for the faith- 200 Ferries. ml performance of the conditions hereinbefore set forth in every respect, and upon the death, removal from the Terri- tories, or insolvency of any surety, or if required by the Lieutenant-Governoi', the licensee shall substitute another siiiiilar bond with the like conditions and within the time natued for such purpose by the Lieutenant-Governor. 1 5. Upon any licensee being convicted before a Justice of the Peace of \iolating any of the terms or conditions of kis license, or of this Ordinance, or of insulting or ill-treat- ing any person travelling over or desiring to travel over such ferry, or wilfully injuring or harming any property in transit across such ferry, or neglecting to repair or not re- moving a vessel condemned by the inspector, or not provid- ing a suitable vessel a's directed by such inspector, he shall be liable to a fine not exceeding one hundred dollars and cost of prosecution, and on non-payment thereof, to be im- prisoned for anjr period not exceeding three months, unless the fine and costs are sooner paid, and shall be further liable to forfeit his license under directions of the Lieutenant- Governor. 16. All moneys accruing from ferry license fees or bonuses, under this Oniinance, shall be paid into the Gen- eral Fund of the Territories. 1 7. No conviction shall be a bar to the ordinary civil remedies for damages in favor of the person upon whose complaint such conviction took place. 18. Eveiy person iiolding a ferry license, au'i his sure- ties to the extent of the bond, shall be liable for all'aamages bbiii may occur to persons and property while using such fei'ry, from a ly carelessness of such licensee or his agent, or &om any insufficiency in tlie strength or suitability of the appliances used for feiiy purposes by such licensee. 19. Any person unlawfully interfering with the rights of any licensed ferryman by taking, carrying or conveying within the limit of such fnrry license, across the water on which the same is situate, any pei'son or personal property, in any vessel, or on any raft or other contrivance, for hire «r reward, or hindering, or interfering with such license in asay way, such per.'^on shall, on conviction before a .Tus tice Ferries. 201 of the Peace, be liable to the same penalties as are provided in section 15 of this Ordinance. 30. If any person using such ferry refuses to pay the proper toll or rates chargeable for ferrying himself or his property, the person holding the license of such ferry may forthwith seize any property in possession of the offender thtire being ferried ami hold the same, and on conviction before a Justice of the Peace, for non-payment as aforesaid, such offender shall be liable to a tine of fifty dollars, and, in default of payment, to an imprisonment not . exceeding two, months ; for the payment of which fine, and the tolls unpaid and the costs of prosecution, the property so seized shall be liable for sale under a distress warrant. 2 1 . A return of all ferry licenses granted during the previous year, with the rates allowed, fees collected or paid, names of the parties receiving the license, together with the location and description of the ferry, shall be submitted to the Legisla^'ive Assembly at its next Session. 202 Marriages CHAPTER 29. AN ORDINANCE RESPECTING MARRIAGES. Title, s. 1. Who may solemnize maniages, a. 2. Licenses, ss. 3, 4, 5, 6. Affidavit, as. 7, 8. Consent, s 9. Returns, s. 10. Witnesses, s. 11. Fees, s. 12. Penalties, s. 13. Exemption, s. 14. Forms, A, B. 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 Marriage Ordinance." 3. The ministers and clergymen of every church and religious denomination, duly ordained and appointed accord- ing to the rites and ceremonies of the churches and denom- inations to which they respectively belong, and resident in Canada, and having ecclesiastical oversight of any congre- gation, or part of a congregation, in the Territories, by virtue of such ordination and appointment, and according to the rites and usages of their own respective churches or denominations, and Commissioners appointed for that purpose by the Lieutepant-Governor, me.j solemnize mar- riage between any two persons not under a legal disqualifi- cation to contract marriage. 3. No Marriage Commissioner shall solemnize marriage unless the parties to the intended marriage produce to him the license required by section four of this Ordinance ; and no minister or clergyman shall solemnize marriage, unless a license is produced as aforesaid ; or unless the intention of of the two persons, by publication of banns, to intermarry, has been proclaimed at least once openly on a Sunday in some public religious assembly ; or unless he has satisfied himself that there is no legal impediment to the proposed marriage ; in which latter case such minister or clergyman Marriages. 203 shall insert in the certificate of marriage hereinafter requir- ed words to the following effect : "And I further certify that previous to solemnizing such marriage I fully satisfied myself that there was no legal impediment to the said parties intermarrying." 4. Marriage licenses shall be in Form A, at the end of this Ordinance, and shall be supplied from the office of the Lieutenant-Governor, to such persons as he may from time to time appoint, to issue the same to applicants for such licenses. 5. Every license under the hand and seal of the Lieuten- ant-Governor .shall be and remain valid, notwithstanding the Lieutenant-Governor, who signs the same, has ceased to hold office before the time of its issue. 6. Every issuer of marriage licenses shall sign each license as the same is issued by him. T. Before a license is granted by any issuer, one of the parties to the intended marriage shall personally make an affidavit before him to the effect of the Form B at the end of this Ordinance. 8. In case the issuer has knowledge or reason to suspect that any of the statements in the affidavit of any applicant for a marriao-e license are not correct, the said issuer shall require further evidence to his satisfaction before issuing the license ; and a copy of all such affidavits and evidence shall be placed on file in his office. 9. The father, if living, of any person under twenty-one years of age (not being a widower or widow), or if the father is 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 immediately preceding the intended marriage supported or protected the minor, shall have authority tq give consent to such marriage. 10. Every issuer of marriage licenses shall, on the first days of January and July in each year, make a return to the Lieutenant-Governor of all licenses issued by him 204 Marriayps during the preceding six months, with the names of the parties to whom issued, and shall accompany such return with the original .. .idavit taken in each instance; and, when- ever called upw-i, return to the Lieutenant-Governor all unissued licei. .jS. ' 1 1 . All marriages shall be solemnized in the presence of two or more credible witnesses, besides the minister, clergy- man or marriage commissioner performing the ceremony ; and every person solemnizing a marriage shall register, the same according to the provisions of the Ordinance respecting the registration of births, marriages and deaths. 1 3. There shall be payable to every issuer of marriage licenses, on the issue of each license by him, the sum of three dollars, of which such issuer shall be entitled to retain one tlollar as his fee ; the remainder he shall pay over to the Lieutenant-Governor, to form part of the revenue of the Territories, with each return made by such issuer. 13. Any person unlawfully issuing a marriage license supplied from the office of the Lieutenant-Governor, any issuer of marriage licenses granting a license without first having obtained the affidavit required by this Ordinance, and any person solemnizing a marriage contrary to the provisions of this Ordinance, shall, on conviction before a Judge of the Supreme Court of the Territories in a summary way, for every aiwch contravention, forfeit and pay a fine not exceeding one hundred dollars, and costs of prosecution. 14. No minister, clergyman or marriage commissioner who solemnizes a marriage in conformity with the provisions of section two of this (Ordinance, shall be subject to any action or lialiility for damage.s or otherwise, by reason of there having been any legal impediment to the marriage, unless at the time when he performed the ceremony he was aware of the impediment. Marriages. 205 Forms rcfer/'ed to in the foreyoing Onlinanci'. POlill A. (Vide Section i.) ^:AN•ADA. | North- W est TiTritoriL'S. j" Lieutenant-Governor. (L. S.) J Th :sa .no to cevUty th.it A. 13., of and C. U., of bi i i{^ niiiidi^d, as it ii daid to cuter into the contract of mal'^ia^l.^ and bcini^ de- sirous of lnviiig iho same duly solo uriizod, the s lid A. B., (ur ■'. b.) has iiiude O ith tliat he (or sh ) bolieves that thci-e is no affinity, consanguinity, or any other lawful eaiise o? legal i'opedioient to bir Of hinder the solemnization of the said marriiigo. A'ld these ace th TL-f ire to certify that the rcquirctiients in this resp'xt of the O^diuanuu resy^iting M iniages have been complied with. Issued at in the North-West Territories, this day of A . D. 18 Issuer of Licenses. FORM B. [Vide Section 7.) I, A. r... I Barhclor {or Widower.) or Y , C. U. j SiJinster make oath and ay us foil iws : or r C. U. J SiJinster lor Widow.) ,„_,,„,„, I Soinster {or Widow.) -1. r. and C. D. (or A. B.) of | Bachelor (or Widower.) are de^-irous of eitering into the contract of marriage, and of having our mar- riage dnly solemnized at 2. According to the best of my knowledge and belief there is no affinity, con- sanguinity, or any other lawful catise or Ugal impediment to bar or hinder the solemnization of the said marriage. 3. I am 'if the age of years, and the said C. D. (or A. B.) is of the age of years. 4. {Inc ise one of the -parties is under tjie age of twenty-one years, add] jj p of is the person whose consent to said mar- riage is reqni'cd by law. and the said E, F. has formerly consented to the said marriage. [Or if both parties are under aifc] j; y of . and G. H., of are the persona, whose consent to th'j said marriage is required by law, and the said E. F. and G. H. have fori-flerly consented to the said marriage. [Or ifinthe case o^oneofthe minors there is no person whose consent is re quired by law, add according to the facts.] 206 Marriages. The father of the said C. D. (or A. B.) ig dead, and the mother of the said C. D. (or A.B.) l3 dead, and the said C. D. (or A. B.) having no lawfully appointed or acknowledged guardian, there is no person who has authority to give consent to the said marriage. [In case both theparties are minors, and there is no person whose consent is required by law, add a similar statement concerning the other party, according to the facts.] (Signed) A.B. Or CD. Sworn before me at in the\ North-West Territories, this day of A.D. 18 (Signed) Issuer of Licenses. , Joint Stock Compaiiie 207 CHAPTER 30. AN ORDINANCE RESPECTING THE INCORPORA- TION OF JOINT-STOCK COMPANIES BY . LETTERS PATENT. Title, s. 1. Interpretation, s. 2. Letters Patent, ss. 3 to 12, inol. Supi/lenientiiry Letters Patent, ss. "13 to 16, incl. Further powers, ss. 17 to 21, incl. Increase or Reduction of Capital, ss. 22 to 28, incl. Powers, ss. 29, 30. Capital Stuck, ss. 31 to 33, incl. Directors, ss. 34 to 40, incl. Powers tif Directors, as. 41 to 44, incl Calls, S3. 45 to 49, incl. Books, ss. 50 to 54, incl. Transfer of Shares, ss. 55 to 61, incl. Liability of Shareholders, ss. 62 to 65, incl. Liability of Directors and Officers, ss. 66 to68, incl. Domicile — Service of Process, ss. 69 to 75, incl. General Provisions, ss. 76 to 89, incl. Special clauses for Water and Gaa Companies, ss. 90 to 103, incl. Proliibitions and Penalties, ss. 104 to 106, incl. Enforcement of Penalties, s, 107. Arbitrations, ss. 108 to 111, incl. Fees, ss. 112, 113. Forms, A, B, C, D. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territoz-ies, en- acts as follows : SHORT TITLE. 1. This Ordinance may be cited as " The Companies' Ordinance." INTEBPRETATION . 3. In this Ordinance, and in all Letters Patent and Sup- plementary Letters Patent issued under it, unless the con- text otherwise requires : (1.) The expression, " The Company," means the Company incorporated by Letters Patent under this Ordinance ; 208 JoihL Stock Companies. (2.) The expression, "the undertaking," means the business oi every kind which the Company is authorized to carry on; (3.) The expression, "real estate," or " land," includes mes- sua-i'es, hinds, tenements and hereditaments of any tenure, anil all immovable pi-operty of any kind ; (i.) The expression, " iSharcholder," means every sub- scrilicr to or holder of stock in the Compyny, and includes the (lersonal representatives ot Jae Shareholder ; (5.) The word '" President," whenever it occurs in the said Ordinance, shall include " Chairman." LETTERS PATENT . II. The Lieutenant-Governor may, by Letters Patent un- der the Seal of the Territories, grant a Cliarter to any num- ber of persons, not less than three, who petition therefor, constituting such pej-sons and others, who thereafter become Shareholders in the Company thereby created, a body cor- porate and politic, for any of the purposes or objects to which the legislative authority of the Legislative Assembly of the Territories extends, 4. The applicants for such Letters Patent must advertise, by notice published at least once in the OfEeial Gazette of the Tei'ritories, and in three consecutive weekly issues of any newspaper published at or nearest the place which is to be the chief business place of the Company, their intention to apply for the same, stating in such notice : (1.) The proposed corporate name of the Company, which ^ shall not be that of any other known Company, incorporated or unincorporated, or any name .liable to be unfairly con- founded therewith, or otherwise, on public grounds objec- tionable ; (2.) The object for which the incorporation is sought ; (3.) The place within the Territories, which is to be its chief place of business ; (4.) The proposed amount of its capital stock ; (5.) The number of shai-es, and the amount of each share; (6.) The names in full and the address and calling of each of the applicants, with special mention of the names of not less than three, nor more than nine, of their number who are to be the first or provisional Directors of the Company the majority of whom shall be residents of Canada. Joint Stock Companies. 209 5. At; any tisna, uoh more than two months after the last pu61ication of sueh notice, the applicants may petition the Lieutenant-Governor for the issue of such Letters Patent. <». Such petition shall set forth : (1.) The facts contained in the notice ; (2.) The amount of stock taken by each applicant, and the amount paid in upon the stock of each applicant, as also the manner in which the same has been paid in, and Is heliA for the Company. . 1. The aggregate of the stock so taken shall be at le,ist the one half of the total amount of the proposed capital stock of the Company. 8. The aggregate paid in on the aggregate stock so taken shall be at least ten per cent., and shall be paid in to the credit of the Company, or trustees therefor, and shall be standing at such credit in some chartered Hank of Canada, unless the object of the Company is one requiring that it should own real estate, in which case such aggregate may be taken as paid in if it is bona fide invested in real estate, suitable to such object, which is duly held by Trustees for the Company, and is of the required value, over and above all incumbrances thereon. 9. The petition may ask for the embodying in the Letter^ Patent of any provision which otherwise under the provis- ions hereof might be embodied in any by-law of the Com- pany when incorporated ; and such provision so embodied shall not, unless provision to the contrary is made in th« Letters Patent, be subject to repeal or alteration by by- law. iO. Before the Letters Patent are issued, the applicants must establish to the satisfaction of the Lieutenant-Governor the sufficiency of their notice and petition, and the truth and sufficiency of the facts therein set forth, and that the pro- posed name is not the name of any other known incorporated or unincorporated Company, and to that end the Lieutena,ni- Govemor shall take and keep of record any requisite eVi- 210 Joint Stock Companies. dence in writing under oath, affirmation or solemn declara- tion. 9 1. The Letters Patent shall I'ecite all the material. aver- ments of the notice and petition as so established. 1 2. The Lieutenant-Governor may gi-^e to the company a JEorporate name, different from that proposed by the appli- cants, in their published notice, if the proposed name is objectionable. SUPPLEMENTARY LETTERS PATENT. 13. If it is made to appear to the satisfaction of the Lieutenant-Governor, that the name of any company (whether given by the original or by supplementary Letters Patent, or on amalgamation)incorporated under this Ordin- ance, is the same as the name of an existing incorporated or unincorporated company, or so similar thereto as to be liable to be confounded therewith, the Lieutenant-Governor may direct the issue of a supplementary Letters Patent, reciting the former Letters and changing the name of the company to some other name, which shall be set forth in the supplementary Letters Patent. i 4. When a company incorporated under this Ordinance is desirous of adopting another name, the Lieutenant-Gover- nor, upon being satisfied that the change desired is not for any improper purpose, may direct the issue of supplementary Letters Patent, reciting the former Letters Patent, and dianging the name of the company to some other name, which shall be set forth in the supplementary Letters Patent. 1 5. No alteration of its name under the two sections next preceding shall affect the rights or obligations of the tompany, and all proceedings may be continued or com- menced by or against the company under its new name that might have been continued or commenced by or against the tompany under its former name. IC Notice of the granting of every original and supple- mentary Letters Patent, under the provisions of this Ordin- MB«fe,.shall be forthwith given in the Official .Gazette of the Joint Stock Companies. 211 Territories in the form of schedule A or B, as the case may- be, appended to this Ordinance, and thereupon from the date of the Letters Patent, the persons therein named, and their successors, shall be a body corporate and politic by the name mentioned therein. OBTAINI.VQ OF FLTRTHEE POWERS. IT. The Company may, from time to time, by a resolu- tion passed by the votes of shareholders representing at least two-thirds in value of the subscribed stock of the company, at a special general meeting called for the purpose, authorize the Directors to apply for supplementary Letters Patent, extending the powers of the Company to such other pur- poses or objects, within the province of this Ordinance, as may be defined in the resolution. 1 8. The Directors may, at any ticae within six months after the passing of any such resolution, jpetition the Lieu- tenant-Governor for the issue of such supplementary Letters Patent. 19. The applicants for such supplementary Letters Patent shall give in at least one issue of the Official Gazette of the Territories, and one issue of a local newspaper pub- lished at or nearest the chief place of business of the Com- pany, notice of their intention to apply for the same, stating therein the purposes or objects to which it is desired to ex- tend the powers of the Company. 30. Before such supplementary Letters Patent are issued, the applicants* shall establish to the satisfaction of the Lieutenant-Governor, the due passing of the resolution authorizing the application, and the sufficiency of their notice and petition ; and for that purpose the Lieutenant- Governor shall cause to be taken and kept of record any > requisite evidence in writing, by oath or affirmation, or by solemn declaration. 3 1 . Upon due proof so made, the Lieutenant-Governor may grant supplementary Letters Patent under the seal of the Territories, extending the powers of the company to all or any of the objects defined in the resolution ; and notice thereof snail be forthwith given by the Lieutenant- Governor in the Official Gazette of the Territories, in the 212 Joint Stock Currvpanies. Form C in the Schedule to this Ordinance, and thereupon, from the date of the supplementary Letters Patent, the undertaking of the company shall extend to and include the other purposes or objects set (jut in the supplementary Let- ters Patent as fuJly as if such other purposes or objects were mentioned in the original Letters Patent ; and a copy of every such notice shall forthwith be, by the company to which the notice relates, inserted in at least foui' sepaiate issues of the newspaper publislied neaiest to where the head oiEce or chief agency is established. INCREASE OR REDUCTION OF CAPITAL, tTC. 22. The directors of the company may, at any time, make a by-law sub-dividing the existing shares into shares of a smaller amount. 23. The directors of the company may, at anytime after the whole capital stock of the company has been taken up and fifty per cent, tl.oeof paid in, make a by-law for in- creaainji- the capital .stock of the companj' to any amount which they consider requisite for the due carrying out of thi' objects of the company. 24. Such by-law shall declare the number of the shares of the new stock, and may prescrilje the manner in which the same shall be allotted : and in default of its io doing, the control of such allotment shall vest absolutely in the directors. 25. The directors of the company may, "at any time, make a by-law for reducing the capital stock of the com- pany to any amount which they consider advisable and suf- ficient for the due carrying out of the undertaking of the company: but the capital stock of a loan company shall never be reduced to less than twenty-five thousand dollars. (2.) Such by-law shall declare the number and value of the shares of the stoclc as so reduced, and the allotment thereof, or the manner in which the same shall be made ; (3.) The liability of shareholders to persons who were, at the time of the reduction of the capital, creditors of the company, shall remain the same as if the capital had not been reduced. Joint Stock Companies. 213 ?J6. No by-law for increasing or reducing the capital stock of the company, or for sub-dividing the shares, shall have any force or effect whatsoever, until it is approved by the votes of shareholders, representing at least two-thirds in value of all the subscribed stock of the company, at a special general meeting of the company, duly called for considering the same, and afterwards confirmed by supple- mentary Letters Patent. 'i7. At any time not more than six months after such sanction of such by-law, the directors may petition the Lieutenant Governor for the issue of supplementary Letters Patent to confirm the same ; (2.) The directors shall, with such petition, produce a copy of such by-law, under the seal of the company, and signed by the president, vice-president or secretary, and establish to the satisfaction of the Lieutenant-Governor the due pa^s- sage and approval of such by-law, and the expediency and bona fide character of the increase or reduction of capital or subdivision of shares, as the case may be, thereby provided for; (3.) The Lieutananfc-Goveraor shall, for that purpose^ cause to be taken and kept of record, any requi'^ite evidence in writing by oath or affirmation, or by solemn declaration as above mentioned. 38. Upon due proof so made, the Lieutenant-Governor may grant such supplementary Letters Patent, under the Seal of the Territories ; and notice thereof shall be forth- with given .by the Lieutenant-Go \'ernor, in the Ofiicial Gazette of the Territories, in the Form D in the Schedule to this Ordinance ; and thereupon, from the date of the sup- plementary Letters Patent, the capital stock of the com- pany shall be and remain increased or reduced, or the shares shall be sub-divided, «,s the case may be, to the amount, in the manner and subject to the conditions set forth by such by-law ; and the whole of the stock, as so increased or re- duced, shall become subject to the provisions of this Or- dinance in like manner, as far as possible, as if every part ^ thereof had been or formed part of the stock of the company originally subscribed. POWERS OF THE COMPANY. 39. All powers given to the company by the Letters '214 ' Joint ^toch Companies, Patent or supplementary Letters , P^-tent, shall be exercised^ subject to the provisions and restrictions contained in this Ordinance.. . . 30. Every company incorporated under this Ordinance, may acquire, hold, sell and convey any real estate requisite foi' the carrying on of the undertaking of such company, and shall forthwith become and be invested with all property and rights, real and personal, theretofore held by or for it under any trust created with a view to its incorporation, and with all the powers, privileges and immunities requisite , or incidental to the carrying on of its undertaking, as if it was incorporated by a special Ordinance, embodying the pro- visions hereof and of the Letters Patent. CAPITAL STOCK. 31. The stock of the company shall be personal estate, and shall be transferable, in such manner, and subject to all such conditions and restrictions as are prescribed by this Ordinance, or by the Letters Patent or by by-laws of the Company. 33. If the Letters Patent or the supplementary Letters Patent, make no other definite provision, the stock of the company, or any increased amount thereof, so far as it is Hot allotted thereby, shall be allotted at such times and in such manner as the directors prescribe by by-law 3Jf . Every share in the company shall, subject to the pro- visions of Section Eight of this Ordinance, be deemed to have bfeen issued and to be held subject to the payment of the whole amount thereof in cash, unless the same has been otherwise agreed upon or determined 'by a contract duly made in writing and filed with the Lieutenant-Governor, at or before the issue of such share. , DIRECTORS. I 34. The affairs of the company shall be managed by a Board of not more than nine, and not less than three directors. Joivf Stock Govipanies. ^ 21 S ti% The persons named as such in the Letters Pateut, shall be the directors of the company, until replaced by others duly appointed ^n their stead. 36. No person shall be elected or appointed as a director' thereafter unless he is a shareholder, owning stock absolute- ' ly in his own right, and to the amount required by the by- laws of the company, and not in arrear in respect of any ■ call thereon : and at all times the majority of the directors of the company shall be persons resident in Canada. 37. The company may, by by-law, increase to not mor« than fifteen, or decrease to not less than three, the number' of its directors, or may change the company's chief place of business in the Territories ; liut no by-law for either of the said purposes shall be valid or acted upon unless it is ap- proved by a vote of at least two-thirds in value of the stock represented by the shareholders present at a special general meeting duly called for considering the by-law ; nor until a copy of such by-law, certified under the seal of the com- pany, has been deposited with the Lieutenant-Governor, and has also been published in the Official Gazette of the Territories. , 38. Directors of the company shall be elected by the shareholders, in general meeting of the company assembled, in some place within the Territories, at such time, in suck manner, and for such term, not exceeding two years, as the Letters Patent, or, in default thereof, as the by-laws of the company prescribe. 39. In the absence of other provisions in such behalf, ia the Letters Patent or by-laws of the company : (a.) The election of directors shall take place yearly, an* all the directors then in office shall retire, but if otherwi-se qualified, they shall be eligible for re-election ; (b.) Notice of the time and place for holding general meetings of the company shall be given at least twenty- one days previously thereto, in some. newspaper published in the place where the head office or chief place of business of the company is situate, or, if there is no such newspaper, thea in the place nearest thereto, in which a newspaper is pub- lished ; (c.) At all general meetings of th'-, company, every share- 816 Joint Stock Companies. liolder shall be entitled to give one vote for each share then held by him; such votes may be given in person or by proxy, — the holder of i nj' .such proxy being himself a share- holder : but no shareholde)- shall be entitled, either in person or by proxy, to vote at any meeting, unless he has paid all the calls then payable upon all the shares held by him. All questions proposed i'of the consideration of the shareholders shall he determined Viy the majority of votes, the chairman presiding at such meeting having the casting vote in ease of pn equality of ^■oteR ; (d.) Eveiy eliction of directors shall be by ballot; (('.) Vi cancies occurring in the board of directors may he filled, for the remainder of the term, by the directors, from among the qualified shtireholders of the company; (/.) The directors shall, from time to time, elect from among themselves a President, and, if they see fit, a Vice President of the company, and may also appoint all other oflBcei.s thereof. 40. If, ali any time, an election of diiectors is not made, or does not take efiect at the proper time, the company shall r.ot be held to be thereby dissolved ; but no such elec- tion n)ay take place at any subsequent general meeting of the company dulj? called for that purpose : and the retir- ing directors shall continue in [off ce until their successors are elected. POWEES OF DIEECTOBe. 41. Tie directors of the company may administer the affairs of the company in all things, and'make or cause to fee made for the company, any desciiption of contract which the company may, by Law, enter into; and may, ftrom time to time, make by-laws, not contrary to Law, or to the Letters Patent of the company, or to tliis Ordinance, for the following purposes : _(«.) The regulation of the allotment of stock, the making tf calls thereon, the payment thereof, the issue and regis- tration of certificates of stock, the forfeiture pf stock for non-payment, the disposal of forfeited stock and of the proceeds thereof, and the transfer of stock; ib.) The declaration and payment of dividends ; (c.) The number of the directors, their term of service, the amount of their stock qualification, and their remuner- ation, if an^' ; Joint Stock Gompanies. 217 (d.) The appointment, functions, duties and removal o£ all agents, officers and servants of the company, the security to be given by them to the company, and their remunera- tion; (e.) The time and place for the holding of the annual meetings of the company, the calling of meetings, regular and special, of the board of directors and of the company, the quorum, the requirements as to proxies, and the proce- dure in all things at such meetings ; _(/.) The imposition and recoveiy of all penalties and for- feitures, which admit of regulation by by-law ; {g.) The conduct, in all other particulars, of the affairs of the company ; And the directors may, from time to time, repeal, amend or re-enact the same ; but every such by-law, and every repeal, amendment, or re-enactment 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 contirmation thereat, shall, at and from that time only, cease to have force. 43. No by-law for the issue, allotment or sale of any portion of the unissued stock at any greater discount or at any less premium than that which has been previously authorized at a general meeting, and no by-law for the re- muneration of the president or any director, shall be valid or acted upon until the same has been confirmed at a general meeting. 43. The directors may deduct from the dividends pay- able to any shareholder, all such sums of money as are due from him to the company on account of calls or otherwise. 44. The directors may, when authorized by a by-law for that purpose, passed and approved of by the votes of share- holders, representing at least two-thirds in value of the sub- scribed stock of the Company represented at a special gen- eral meeting duly called for considering the by-law ; (a.) Borrow money upon the credit of the Company, and issue bonds, debentures or other securities for any sums borrowed at such prices as are deemed necessary or expedi- ent; but no debentures shall be for a less sum thnn one hundred dollars ; hypothecate or pledge the real or personal 218 Joint Stock Companies. property o£ the Company, to secure any sums borrowed by the Company ; but the amount borrowed shall not, at any time, be greater than seventy-five per cent, of the actual paid-up stock of the Company, but' the limitation made by this section shall not apply to commercial paper discounted by the Company, C!ALLS. 45. The dii-ectors may, from time to time, make such calls upon the shareholders in respect of all moneyS' unpaid upon their respective shares, as they think tit, at .such times and places, and in such payments or instalments as the Let- ters Patent, or this Ordinance, or the by-la^'s of the Comp- any require or allow. 46. A call shall be deemed to have been made at the time when the resohition of the directors authorizing such call was passed ; and if a shareholder' fails to pay any call due- by him, on or before the day appointed for the payment thereof, he shall be liable to pay interest for the same, at the rate of six per cent, per annum, from the day appointed for payment to the time of actual payment thereof. 41'. The directors may, if they think lit, receive from any shareholder willing to advance the same, all or any part of the amounts due on the shares held by such shareholder, beyond the .sums then actually called for ; and upon the_ moneys 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 is made, the Com- pany may pay interest at such rate, not exceeding eight per cent, per annum, as the shai-eholder, who pays such sum in- advance, and the directors agree upon. 48. If, after such demand or notice as is prescribed by the Letters Patent oi- hy the by-laws of the Company, any call made upon any share is not paid within such time, as, by such Letters Patent or by the by-laws, is limited in that behalf, the directors in their discretion, by vote to that eflect duly recorded in their minutes, may summarily declare for- feited any shares whereupon such payment is not made; and the same shall tliereupon become the property of the Com- pany, and may be disposed of as, by the by-laws of the Company or otherwise, they prescribe ; but, notAvithstanding Joint tifock Companies. 219 such forfeiture, the holder of sucli shares at the time of forfeiture shall continue liable to the then creditors of the Company tor the full amount unpaid on wuch shares at the tune of forfeiture, loss any sums which are subsequently received by the Company in respect thereof. 49. The dii-ectors may, if they see fit, instead of declar- ing forfeited any' share or shares, enforce payment of all calls and interest thei-eon.by action in any Court of competent jurisdiction ; and in such action it .shall not be necessary to set forth the special matter, but it shall be sufficient to' de- clare tliafc the defendant is a holiler of one share or more, stating the number of shares, and is indebted in the sum of monej- to which the calls in arrear amount in respect of one call or more, upon one share or more, stating the number of calls and the amount of each call, whereb}- an action has acci-ued to the Company under this Ordinance ; and a cer- tificate under their seal, and purporting to be signed by any officer of the Company, to the ettect that the defendant is a shareholder, that such call or calls has or have been made, and that so much is due by him and unpaid thereon, shall be received in all courts as prima facie evidence thereof. BOOK.S OF THE COMP.ANY. 50. The Company shall cause a book or books to be kept by the secretary, or by some other officer specially charged with that duty, wherein shall be kept recorded : (a.) A copy of the Lettei's Patent incorporating the Company, and of any supplementary Letters Patent, and of all by-laws thei-eof ; (h.) The names, alphabetically arranged, of all persons who are or have been shareholders ; (c.) The address and calling of evei-y such person, while such .shareholder ; {(i.) The number of shares of stock held by each share- holder ; (e.) The amount paid in and remaining unpaid, respective- ly, on the stock of each shareholder : (/) The names, addresses and calling of a 1 persons who are or have been directors of the Company, with the several dates at which each became or ceased to be such director ; {g.) A book called the register of transfers shall be pro- 220 Joint Stock Companies. vided, and in such book shall be entered the particulars of every transfer of shares in the capital of the Company. 51. Such books shall, during reasonable business hours of every day, exci'pt Sundays and holidays, be kept open for the inspection of shareholders and creditors of the Company and their personal representatives, at the head office or chief place of business of the Company, and every such share- holder, creditor, or personal representative may make ex- tracts therefrom. 53. Every director, officer or servant of the iCompany, who knowingly makes, or assists in making any untrue entry in any such book, or who refuses, or wilfully neglects to make any proper entry therein, or to exhibit the same, or to allow the same to be inspected and extracts to be taken therefrom, shall be liable on conviction summarily before a Judge exercising criminal jurisdiction in the Territories, to a tine not exceeding live hundred dollars. 53. Every Company, which neglects to keep such book or books as aforesaid, sliall forfeit its corporate rights. 54. Such books shall be prima facie evidence of all facts purporting to be thereby stated, in any action, suit or pro- ceeding against the Company or against any shareholder. TRANSFER OF SHARES. 55. No transfer of shares, unless made by sale under execution or under the decree, order or judgment of a Court of competent jurisdiction, shall be valid for any purpose whatever, until entry thereof is duly made in the register of transfei-s, except for the purpose of exhibiting the rights of the parties thereto towards each other, and of rendering the transferee liable, in the meantime jointly and severally, with the tran-sferor, to the Company and its creditors. 56. No transfer of shares, whereof the whole amount has not been paid in, shall be made without the consent of the directors ; and whenever any transfer of shares not fully paid in has been made with such consent to a person, who is not apparently of sufficient means to fully pay up such shares, the directors shall be jointly and severally liable to Joint Stock Companies, 221 the creditors of tlie Company, in the same manner and to the same extent, as the transferring .shareholder, but for such transfer, would liave been; bat if e of the same validity as if he had been a shareholder at the time of his execution of the in- ■ strument of transfer. LIABILITY OF SHAREHOLDERS. 03. The shareholders of the Company, shall not, as such, be responsible for any act, default or liability of the Com- pany, or for any engagement, claim, payment, loss, injury, transaction, matter or thing, relating to or connected with the Company, beyoml the amount unpaid on their respective shares in the capital stock thereof. <»3. Every shareholder, until the whole amount of his shares 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 he sliall not be liable to an action therefor by any creditor, until an execution at the suit of suuh creditor, against the Company, has been returned, un- satisfied in whole or in part ; and the amount due on such execution, not exceeding the amount unp"^d on his shares, as aforesaid, shall be the amount recove. ; ile,. with costs, from such shareholder ; and any amount so recoverable, if paid by the shareholder, shall be considered as paid on his shares. 64. No person, holding stock in the Company as an ex- ecutor, admistrator, tutor, curator, guardian, or trustee. Joint Stock CoTnpanies. 2'2S 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 interdicted person, or the person interested in such trust fund would be, if living and competent to act, and holding such stock in his own name ; and no person holding such stock as collateral security .-hall be personally subject to such liability ; but the person pledging .■iuch stock shall be considered as holding the same and shall be liable as a shareholder accordingly. 65. Every such executor, administrator, curator, guardian or trustee, shall represent • the stock held by him at all meetings of the Company, and may vote as a shareholder ; and every person who pledges his stock . may represent the same at all such meetings, and, notwithstanding such pledge, vote as a shareholder. LIABILITY OF DIRECTORS AND OFFICERS. 66. If the directors of the Company declare and pay any dividend, when the Company is insolvent, or any dividend, the payment of which renders the Company insolvent, or impairs the capital stock thereof, they shall be jointly and severally liable, as well to the Company as to the individual shareholders and creditors thereof, for all the debts of the Company then existing, and for all thereafter contracted during their continuance in office respectively ; but if any director present when such dividend is declared, does forth- with, or if any director then absent does, within twenty-four hours after he becomes aware thereof, and able to do so, enter on the minutes of the board of directors his protest against the same, and within eight days thereafter publishes such protest in at least one newspaper published at the place in which the head office or chief place of business of the Com- pany is .situated, or if there is no newspaper there published, then in the newspaper published nearest thereto, such direc- tor may thereby, and not otherwise, exonerate himself from such liability. 61. No loan shall be made by the Company to any share- holder ; if such loan is made, all directors and other officers of the Company making the same, or in anywise assenting thereto, shall be jointly and severally liable for the amount 224 Joint Stock Companies. of such loan, with interest, to the Company, and also to the creditors of the Company for all debts of the Company then existing, or contracted between the time of the making of such loan and that of the repayment thereof. tt8. The directors of the Company shall be jointly and severally liable to the clerks, laborers, servantw and appren- tices thereof, for all debts n.it exceeding six months wages, due for services performed tu.- the Company, whilst thej are such directors respectively ; bat no director shall be liable to an action therefor unless the -.ompany 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 in respect of such debt is returned • unsatisfied in whole or in part ; and the amount unsatisfied on sucli execution shall be the amount recoverable, with costs, from the directors. DOMICILE. — SERVICE OF PROCESS, ETC. &9. The Company shall, at all times, have an bfEce in the place where its chief place of business is situate, which shall be the legal domicile of the Company in the Territories, and notice of the situation of such office, and of any change thereof, shall be published in the Official Gazette of the Territories ; and the Company may establish such other offices and agencies elsewhere in the said Territories, as it deems expedient. TO. Any summons, notice, order or proceeding, requiring authentication by the Company, may be signed by any director, manager or authorized oificer of the Company, and need not be under the seal of the Company. 11. Notices to be served by the Company upon the shareholders may be served either personally or by sending them through the post in registered letters, addressed to the shareholders at their places of abode, as they appear in the books of the Company. T3. A notice or other document served by post by the Company on a shareholder, shall be held to be served at the time, when the registered letter containirigit would be Joint Stock GQnij)anie8. 225 delivered in the ordinary course of post; and to j)rov(j the fact and time of service, it shall be sufficient to prove, that such letter was properly addressed and registered, and was put into the Post Office, and the time when it was put in, and the time requisite for its deli\'ery in the ordinary course of post. 13. A copy of any by-law of tl.e Company, under its seal and purporting to be signed by any officer of the Company, shall be received as against any shareholder of the Company as primn facie evidence of such by-law in all Courts in the Territories. 14. Any description of action may be prosecuted and maintained between the Company and any shareholder thereof ; and no shareholder shall, by reason of being a shareholder, be incompetent as a witness therein. 75. In any action or other legal proceeding, it shall not be requisite to set forth the mode of incorporation of the Company, otherwise tlian by mention of it under its cor- porate name, as incorporated by virtue of Letters Patent, 'or by Letters Patent and supplementary Letters Patent, as the case may be, under this Ordinance ; and the notice in the Official Gazette of the Territories, of the issue of such Letters Patent or supplementary Letters Patent, shall be prima ff^eie proof of all things therein contained ; and on production o£ the Letters Patent or supplementaryLettersPatent, orof any exemplitication or copy thereof under the seal of the Teni- tories, the fact of such notice shall be presumed ; and except in any proceeding for the purpose of rescinding or annulling the same, the Letters Patent or supplementary Letters PatenC or any exemplification or copy thereof under the seal of th« Territories, shall be conclusive proof of eve)y matter and thing therein set forth. GENERAL PROVISIONS. TC The Company may have an agency or agencies in any city or town outside the Territories. T7. No dividend shall be declared which will impair the capital of the Company. 226 Joint Stock Companies. TfS. Shareholders who hold one-fourth part in value of ttie sulncribed stock of the Company, may, at any time, call a special meeting thereof for the transaction of any business apecitied in such written requisition and notice as they Biake and issue to that effect. T9. Fivery deed which any person, lawfully empowered in that behalf by the Company as its attorney, signs on behalf of the Company, and seals with his seal, shall be binding on the Company, and shall have the same effect as if it was under the seal of the Company. 80. Every contract, agreement, engagement or bargain made, and every bill of exchange drawn, accepted or indorsed, and every promissory note and cheque made, drawn or ij^dorsed on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the Company, shall be binding upon the Company ; and in no case shall it be accessary to have the seal of the Company affixed to any sucli contract, agreement, engagement, bargain, bill ef exchange, promissory note or cheque, or to prove that the same was made, drawn, accepted or indorsed, as the case miay 1 le, in pursuance of any by-law or special vote or order; and the person so acting as agent, officer or servant of the Company shall not be thereby subjected individually to any lia.bility whatsoever to any third person therefor : Provided always, that nothing in this Ordinance shall be construed to authorize the Company to issue any note payable to the bearer thereof, or any promissory note intended to be circu- lated as monej', or as the note of a bank, or to engage in the business of bankino- or insurance. O 81. Proof of any matter which is necessary to be made under this Ordinance may be made by oath or affirmation, ,«r by solemn declaration, before any Justice of the Peace •r any Commissioner for taking affidavits, to be used in any of the Courts in any of the Provinces of Canada, or any Notary Public, who are hereby authorized and empowered to administer oaths and receive affidavits and declarations for that purpose. 82 The provisions of this Ordinance, relating to matters preliminary to the issue of the Letters Patent, or supple- mentary Letters Patent, shall be deemed directory only, mid no Letters Patent or supplementary Letters Patent, is- sued under this Ordinance, shall be held void or voidable, oh Joint Stock Companies. 227 account of any irregularity in any notice prescribed by this Ordinance, or on account of the insufficiency or absence of any such notice, or on account of any irregularity in respect of any other matter preliminary to the issue of the Letters Patent or supplementary Letters Patent. 83. The Company shall keep painted, or affixed, its name with the word " limited " after the name on the outside of every office or place, in which the business of the Company IS carried on, in a conspicuous position, in letters easily legible, and shall have its name, with the said word after it, engraven in legible characters on its seal, and shall have its name, with the said word after it, mentioned in legible characters in all notices, advertisements and other official publications of the Company, and in all bills of exchange, promissory notes, indorsements, cheques, and orders for money or goods, purporting to be signed by or on behalf of such Company, and in all bills of parcels, invoices and receipts of the Company : (2.) Every Companj' which does not keep painted or affixed its name, with the word " limited " after itin manner directed by this Ordinance, shall incur a penalty of twenty dollars for every day during which such name is not so kept painted or affixed ; (3.) Every director and manager of the Company, who knowingly and wilfully authorizes or permits such default shall be liable to the like penalty ; (4.) Every director, manager or officer of the Company, and every person on its behalf, who uses, or authorizes the use of any seal purporting to be a seal of the Company, whereon its name, with the word "limited" after it, is not so engraven as aforesaid, or who issues or authorizes the issue of any notice, advertisement or other official publication of such Compam-, or who signs, or authorizes to be signed on behalf of such Company, any bill of exchange, promissory note, indorsement, cheque, order for money or goods, or who issues or authorizes to be issued, any bill of parcels, invoice or receipt of the Company, wherein its name, with the said word after it, is not mentioned in manner aforesaid, shall incur a penalty of two hundred dollars, -and shall also 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. 228 Joint Stock Comfxonies. &4> Every prospectus of the Company, and every notice inviting persons to subscribe for sliares in the Company, shall specify the dates and the names of the persons to aiiy contract entered into by the Company, or the promoters, di- rectors or trustees thereof, before the issue of such prospec- tus or notice, whether subject to adoption by the directors of the Company or otherwise ; and every prospectus or notice which docs not specify the same shall, with respect to any person who takes shares in the Company on the faith of such prospectus or notice, and who has not had notice of such contract, be deemed fraudulent on the part of the pro- moters, directors and oi3ficei'S of the Company, who know- ingly issue such prospectus or notice. 85. The Company shall not be bound to see to the exe- cution of any trust, whether express, implied or constructive in respect to any share ; and the receipt of tiie shareholder in whose name the same stands in the books of the Com- pany, shall be a valid and binding discharge to the Company for any dividend i>r money payable in respect of such share, and whether or not notice of such 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. 8^0 Every director of the Company, and his heirs, execu- tors and administrators, estate and effects, respectively, may with the consent of the Company, given at any general meeting thereof, from time to time, and at all times be in- demnified and sa\ed harmless out of the funds of the Com- pany, from and against all costs, charges and expenses whatsoever which he sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against him, for or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by him, in or about the execution of the duties of his office ; and also from and against all other costs, charges and expenses which he sustains or incurs, in or about, or in relation to the affairs thereof, except such costs, charges or fexpenses as are occasioned by his own wilful neglect or default. 81. The charter of the Company shall be forfeited by non-use during three consecutive years, or if the Company does not go into actual operation within three years after it is granted. Joint Stock Cmnjjanies. 229 88. The Directors of every Company shall lay before, its shareholders a full printed statement of the affairs and financial position of the Company at or before each general meeting of the Company for the election of directors. 89. No steps shall be taken by the Lieutenant-Governor towards the issue of any Letters Patent or supplementary Letters Patent, under this Ordinance, until after all fees therefor are duly paid. SPECIAL CLAUSES FOR JOIN'T STOCK WATER AND GAS COMPANIES. 9®. In addition to the general provisions of this Ordin- ance, the provisions contained in the twenty-seven sections next following. shall apply to Gas and Water Companies, and to them only. 9S. Every petition for the incorporation, by Letters Patent, of Joint Stock Companies, for supplyijig towns in- corporated as Municipalities with gas or water, or with both gas and water, shall be accompanied by a duly certified copy of a by-la^^.' of the Municipality, in which the opera- tions of the Company are to be carried on, granting author- ity to the persons desiring to form the Company to lay down pipes for the conveyance of water or gas, or both, under the streets, squares, and other public places of such Municipality. 93. Thft by-law mentioned in the next preceding section, shall be passed within two months from the date of the petition for incorporation. 93. Every Company may sell and dispose of gas meters, and gas and water tittings of every description for the use of pri-^-ate and public houses, or for anj- establishment, com- pany or corporation whatsoevei", as well as coke, coal, tar, and all" and every the products of their works, refuse or residuum arising or to be obtained from th^^ materials used in or necessary for the manufacture of gas ; and every Company may let out to hire gas meters, and gas and water fittings of every kind and description, at such rate and rents as may be agreed upon between the consumers and tenants and such Company. 230 Joint Stock Companies. 94. Any such Company may break up, dig and trench so much and so many of the streets, squares, highways, lanes and public places of the Municipality for supplying which with gas or water, or both, the Company has been incor- porated, as are necessary for laying the mains and pipes to conduct the gas or water, or both, from the works of the Company to the consumers thereof, 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 in progress. 95. When any such Company has laid down main pipe* for the aupply of gas or water or through any of the streets, squares, or public places of any Municipality, no other person or persons, bodies politic or corporate, shall, without the consent of such Company first had and obtained, nor otherwise than upon payment to such Company of such compensation as may be agreed upon, lay down any pipe for the supply of gas or water within six feet of such Company's main pipes, or if it be impracticable to cut drains for such other main pipes at a greater distance, then as nearly six feet as the circumstances of the case will admit. 96. When there are buildings within the Municipality the different parts whereof belong to different proprietors, or are in possession of different tenants or lessees, the Com- pany may carry pipes to any part of any building so situate passinr;- over the property of one or more proprietors or in the po.-.session of one or more tenants to convey the gas or water, or both, to the property of another or in the posses- sion Oi' another, and such pipes shall be carried up and attached to the outside of the building. 91'. The Company may also break up and uplift all passa- ges common to neighboring proprietors or tenauts, and dig or cut trenches therein for the purpose of laying do%vn pipes or taking up or repairing the same, doing as little damage as may be in the execution of the powers granted by this Ordinance. 98. Every Company shall make satisfaction to the owners or proprietors of buildings or other property, or to the pub- lic, for all damages by them sustained , in or by the execu- 'Joint Stock Companies. 231 tion of all or a,iiy of the said powers, subject to which pro- visions this Ordinance shall be sufficient to indemnify every such Company and their servants, and those by them em- ployed, for what they or any of them do in puisuanee of the powers hereby granted. 99. Every such Company shall construct and locate their Gas Works and \\'ater Works, and all apparatus and appur- tenances thereto belonging, or appertaining, or tljeiowitfe connected, and wheresoever situated, so as not to endanger the public health or safety. 10-®. Notiiing contained in this Ordinance shall autliorize any such Company, or any person acting under the author- ity of the same, to take, use or injuj'e for the purposes of the Company, any house or other buildin<»-, or aii\- land used or set apart as a garden, orchard, }'ard, park, paddock, plantation, planted walk or avenue to a house, or nm-sery ground for trees, or to convey from the premises of anj- person any water already appropriated ami necessaiy for his domestic uses, without the consent, in writing, of the owner or owner.s thereof lirst had and obtained. 101. Nothing in this Ordinance shall autboj-ize any Cem^ pany established under it to interfere with uv iniringe upon any exclusive privilege granted to any other Coj.npany. 10^. Nothing in this Ordinance contained shall prevent any person from constructing any works for the supply of gas or water to his own premises. 103. Neither the service nor the connecting pi]jes of the Company, nor any meters, lustres, lamps, pipes, giis tittiiigs,; or any other property of any kind whatsoe\er of the Com- pany, shall be subject to or liable for rent, nor lialile to be seized or attached in any way by the possessor or owner of the premises wherein the same may be, nor be in any way^ whatsoever liable to any person for the debt of any ])ersoH to and for whose use or the use of whose house or building the same may be supplied by the Company, notwithstand- ing the actual or apparent possession thereof by such, person. 232 Joint Stock Companies. PROHIBITIONS AND PENALTIES. 104. If any person supplied by the Company with gas «[■ water, or both, neglects to pay the rent, rate or charge duo to the Company at any time of the times fixed for the payment thereof, the Company, or any person acting under ■ their authority, on giving forty-eight hours previous notice, may stop the supply of gas or water, or both, from enter- ing the premises of the person in arrear as aforesaid, by cutting off the service pipe or pipes, or by such other means as the Couipany or its officers see fit, and may recover the rent or charge due up to such time, together with the ex- panse of cutting off the gas or water, or both, as the case may b?, in any competent Court, notwithstanding any con- tract to furnish for a longer time. 1®5. In all cases where the Company may lawfully cut off and take away the supply of gas or water, or both, from any house, building or premises, the Company, their agents, ©r their workmen, upon giving forty- eight hours previous aotice to the person in charge, or the occupier, may enter into the house, iDuilding, or premises, between the hours of nine o'clock in the forenoon and five o'clock in the after- noon, making as little disturbance and inconvenience as pos- sible, and may remove and take away any pipe, meter, cock, branch, lamp fitting or apparatus, the property of and belonging to the Company, and any servant i >,f ault or neglect of such hotel keeper or any servant in hi s employ ; (2.) When such goods or property shall have been de- posited expressly for safe custody with such hotel keeper, provided always tin at, in case of such deposit, it shall be lairful for such j i otel-keeper, if he think 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 ; 5. If any hotel-keeper shall refuse to receive for safe custody as before mentioned any goods or property of his guest, or if any such guest shall, through any default of the hotel-keeper, be unable to deposit such goods or property as aforesaid, the hotel-keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. 6. Every hotel-keeper shall cause to be kept conspicu- ously posted in the office and public rooms in his hotel a copy of this Ordinance, printed or plainly written, and he shall be entitled to the benefits of this Ordinance in respect of such goods or property only as shall be brought to his hotel, while such copy shall be so posted as aforesaid. Livery Stables, 239 OHAPTEB 32. AN ORDINANCE RESPECTING KEEPERS OF LIVERY, BOARDING AND SALE STABLES. Title, s. 1. '> Rights and Responsibilities of Keepers, ss. 2, 3, 4. Must post copy of Ordinance, i. 5. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : I . This Ordinance may be cited as " The Livery and Boarding-Stable Keepers' Ordinance." 3. Any keeper of a livery stable or of a boarding or sale stable may detain in his custody and possession and before the same shall have been removed out of his custody and possession, any animal,, vehicle, harness, furnishings or other gear appertaining thereto and personal effects of any person who is indebted to him for stabling, boarding or caring for such animal. 3. Every livery stable keeper and every keeper of a boarding or sale stable shall be obliged to keep in his pos- session, and be responsible for, any animals or effects detained by him for the full period of such detention, unless they shall sooner be released, and if the owner does not claim and release any such animals and effects so detained, within three months from the commencement of such deten- tion, the person detaining the same may cause them to be sold by public auction, and after paying himself and the costs of the sale, he shall pay over to the owner of such animals and eflfects the balance, if any, of the price thereof. 4. In case such owner cannot be found, then such balance shall be handed over to the clerk of the district Court of the iudicial district within which such stable is situ- ate, to be kept by him for such owner- for one year ; after which time, if such owner does not appear or claim the 240 Livery Stables. amount so kept, tlie same shall be paid over to the Lieuten- ant-Governor and form part of the General Revenue of the Territories. 5. It shall be the duty of any such livery stable keeper, and the keepers of boarding and sale stables, to have a copy of this Ordinance conspicuously posted up in the ofEce and in at least two other conspicuous places in every such stable. Conntvii dinn of 0!d\ii a:' /.;. '2-1-1 CHAPTER 33. AN ORDINANCE RliSPKCTlNG THE (lONSTRUC)- TION OF CHJMNEYS. O )nstruction of, ss. 1, 2. 1 When not applicable, s. 4. Penalty, s. 3. ] The Lieutenant-Goveriio]-, by and with the advice and consent of the Legislative Assembly of the Territories, e«- acts as follows : B. No person shall construct or use a chimney in any portion of the Territories, unless the same be cousti-ucted by walls of stone or brick and mortar, concrete or clay, at least four inches thick, and projecting at least three feet above the roof of the building wherein the same is, or is to be used, or where stove pipes pass through a roof, they must pass into roof pipe firmly secured, and the wood must be cut away at least three inches from the pipe, and protected by sheet iron, tin or zinc, or pass through a safe the same as ceiling, as hereinafter mentioned. %. When stove pipes in any buildings lead through partitions, floors or ceilings, the same shall be encased in solid brick and mortar, concrete or clay, so that at every point there shall beat least fourclear inches between such pipe and any wood work, or within metallic cylinders or stove pipe safes, giving at least (If) one inch and throe-fourths air space, all around on every side. 3. Any person violating the provisions of this Ordinance shall be subject to a fine on summary conviction not exceed- ing fif t^ dollars and costs of prosecution. 4. The provisions of this Ordinance shall not apply to farms or buildings ten chains distant from one another, and shall not apply to Municipalities which have provided for the subject matter thereof. 242 Indigent Children. CHAPTER 34. AN ORDINANCE FOR THE RELIEF OF INDIGENT CHILDREN. Title, s. 1. School authorities may take charge of Orphmis, 3. 2 Powers of Justices, ss. 3, 4, 5, 6, 7- Duties of School Authorities, ss. 8, 9. Conditions under which child may be restored, s. 10. Institution to keep register, s. 11. Authorities may place child in charge of private individual, ss. 12, 13. Inspection of Institution, s. 14. Penalty, s. 15. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. This Ordinance may be cited as "The Indigent Chil- drens' Ordinance." 2. The authorities of any school or orphanage in the Territories, maintained as such by any religious body, or by voluntary contributions, may receive from the parents, if both parents be alive, or from the survivor of theni, or in the event of the decease of both parents, from the relations or friends in charge thereof, any male child under the age of sixteen years, or any female child under the age of four- teen years for the purpose of supporting or educating such child. S. Any person in the Territories may bring before two Justices of the Peace, any male child apparently under the age of sixteen years, or any female child apparently under the age of fourteen years, vvlio comes within anj^ of the following descriptions, that is to say : (I.) Who has no home or settled place of abode, or proper guardianship, or visible means of support ; (2.) Who is found destitute, either being an orphan or having a surviving parent who is undergoing imprisonment, or who has deserted the said child. 4. The two Justices before whom the child is brought, coming within one of the descriptions mentioned in the Indigent Children. 243 preceding clauses, or either of them, shall, if satisfied, on enquiry, of the fact and that it is expedient to deal with such child under this Ordinance, order him or her, as the case may be, to be sent to any such institution as may be willing to receive such child, in conformity with the pro- visions of this Ordinance. _5. In determining on the school or orphanage to which such child shall be sent, the Justices shall endeavour to ascertain the religious persuasion to which such child belongs, and shall select a school or orphanage conducted in accordance with the tenets of such religious persuasion, to which the child or its parents or parent belong or belonged, wherever the same shall be possible, and the order shall specify such religious persuasion. 6. If the child shall be utterly ignorant and shall have no knowledge of any religious persuasion or belief, or if it be uncertain to what religious persuasion his or her parents belong or belonged, such child shall be sent to such school or orphanage as shall "be willing to receive him or her. T. The order shall specify the time for which the child is to be detained in such school or orphanage, M^hich time shall be such as to the Justices making such order shall seem proper for the teaching and training of the child, but not in any case extending beyond the time when, if a boy, he attains the age of eighteen years, or, if a girl, the age of twenty years, unless she previously marry. 80 Whene^-er such child shall be so received, the institu- tion receiving the same shall be bound to give proper nutri- ment, medical care, clothing and education to such child ; and shall 1^e iiound so to do until such child shall reach the age of eigliteen years, if a boy, or twenty years, if a girl, unless she previousl_y' inariy, or unless the child shall be dis- charged from such institution at an earlier age, under the terms of the ordei' mentioned in the pieceding section. Pro- vided ah\'ays, that during the whole term of such teaching and training the rights, power and authority of the parent or parents of such child shall cease, and shall be vested in and exercised by the managers of the institution, having the charge of the child. 244 Indigent Children. 0. Before receiving any child under the jDfovisions of the fii-st section of this Ordinance, it shall be the duty of the ofiicers charged with the management of the institution, wherein .such child is proposed to he received, to explain to the parents or parent, relatioi'.s (/r f]-iej;ds of such child, that the institution is bound to, and will maintain and educate such child, until he or she arrives at the age of eighteen or twenty years, as the case may be, and that if such parents or parent, relations or friends voluntarily place such child in the said institution, they shall be bound to leave such child under the care r.iid guardianship of such institution, under the age of eight'^en or tv, eiity years, as the case may be, unless such child shall be ordered to be gi\'en up to the parent or parents, friends ov relations tlierecf in manner hereinafter provided. S 0. In case anjr such institution j-efuses to give up sucli child at the demand of the parents or parent, relations or fi-iends, such parents or parent or relations or friends may by application to two Justices of the Pe;u'(^ aftei' due notice of such application being given to the institution having charge of such child, appear before such Justices to support the said application, and if proved that the parents or par- ent, relations or friemls, are tit andpropei person c.r persons to take charge of the child, then the said Justices shall, upon good and sufficient reason being shown, order the child to be restored to the custody and control of such pajents or parent, relations oi- friend.'^-. H. It shall be the duty of every such institution, to keep a register of all the children so received, the date and par- ticulars of their reception, name, age and particulars of their condition, their death or ren;oval from such institution, the nationality or tribe to which they belong, and to transmit to the Lieutenant-Governor yearly in the month of January an abstract of such register. ^&' B "Z. In every case in which by the provisions of this Or- dinance, it shall be lawful for the authorities of any school or orphanage, to receive any child as hereinbefore provided, it shall be lawful to place such child- in charge of any pri- vate individual, who may be willing to receive the same, but in every such case it shall be necessary to obtain an order from two Justices of the Peace, approving the same, Indigent Children. 245 which order shall not be granted until it shall be proved before snch Justice-; that such individual is a tit and proper person to take charge o£ such child, atid is able and willing to do so. 1 3. All the sections of this Ordinance having reference to a minor in charge of any school, orpha lage or institution, shall apply to a minor placed under the guardianship of an individual. 14. A Judge of the Supreme Court or any person ap- pointed by the Lieutenant-Governor, .shall have pow.;r at all times to visit any such school, institution or orphanage or place where a minor may be held under this Ordinance, and to enquire into the management thereof, and the treatment received by any child detained under this Ordinance. 1 5. Any person di^jobej^ing any order made under the pro^'isions of this Ordinance shall, up(m summary convic- tion there jf, before two Justice ^ of the Peace, forfeit and pay a line not exceeding one hundred dollars, aad in default' of payment thereof, and cost^ forthwith after coaviction, be imprisoned for any time not exceeding two months. 246 Lands in Trust. CHAPTER 35. AN ORDINANCE RESPECTING THE HOLDING OF LANDS IN TRUST FOR RELIGIOUS SOCIETIES AND CONGREGATIONS. Religious Societies may acquire Lands in name of Trustees, s. 1. Registration of Deed, s. 2. Debt, s. 3. Powers of Trustees, ss. 4, 5, 6, 7, 9, 10. Supreme Court Judge to sanction Deed, s.'8. Presbyterian Church, s. 11. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. When any religious society or congregation of Chris- tians in the Territories, desire to take a conveyance of land for the site of a church, chapel, meeting-house, burial ground, residence or glebe for the minister, or for the support of public worship, and the propagation of Christian knowledge; such society or congregation may appoint trustees, to whom and their successors, to be appointed in such manner as may be specified in the deed of conveyance or a resolution passed in the manner provided for in the tenth section of this Or- dinance, the land requisite for all or any of the purposes aforesaid, may be conveyed, and such trustees and their suc- cessors, in perpetual succession, by the name expressed in the deed or resolution, may take, hold, and possess the land, and ma'ntain and defend all actions or suits, for the pro- tection Jiereof, or of their property therein ; provided al- ways, that no religious society or congregation shall be cap- able of holding under the provisions of this Ordinance, ifiore than three hundred and twenty acres of land. 2. Such trustee shall, within twelve months after the execution of this deed of conveyance, cause the deed to be registered in the registry office of the Land Registration District in which the land is situated, otherwise the said deed shall be void. 3. When a debt has been, or may hereafter be contracted or the buildi ng, repairing, extending or improving a church, Lands in Trust. 247 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 of any part thereof, with or without interest, by mortgage upon the land, church, chapel, meeting-house, or residence for the minister, or may borrow money to pa)- the debt or any part thereof, and may secvire the re-payment of the loan, with or without interest, by a like mortgage, 4. The trustees may lease for an}- term not exceeding twenty-one years, land held bj' 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, pro- vided 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, uieeting-house, or residence 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 held by them or any part thereof, for a term ex- ceeding three years, without the consent of the religious society or congregation for whose use the land is held, which consent shall be signified by resolution, passed b}' the \ otes of a majority of tho3e persons, who by tlie constitution of the said religious society or congregation, or by the pra,ctice 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 congregation, duly called for the pur- pose of considering the proposed lease. 5. In anr lease made under the last preceding section, the trustees may covenant or agree for tlie renewal thereof, at the expiration of any or every term of twenty-one years, for a furthei- 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 exe- cutors, administrators or assigns, or may covenant or agree for the payment to the lessee, his executors, administrators or assigns,' of the value of any buildings or other improve- ments, which maj-, at the expiration of any term, be on the demised premises' : and the mode of ascertaining the amount »of such rent, or tlie value of such improvements may also be provided for in the original, or any subsequent lease. 248 Lands in Tnid. 6. Tlie trustees for the time being, holding land under this Ordinance, which has been leased, under the powers contained in the fourth and lifth sections of this Ordinance, may take all such means and proceedings for the recovery , of rent, or arreai's of rent, which landlords are by Law en- titled to take. T. When land held liy trustees for the use of a religious . society oi- congrega.tion becomes unnecessary to l)e retained for such use, and it is deemed advantageous to sell the same, tlie trustees, for the time being, may give public notice of an intended ,sn!e, specifying the prenn'ses 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 succes- ::i\e weelcs, in a newspaper published in or near the place v,-lu)e the 'and is situated, sell the land at public auction, acc(!i dhiy i:> notice, but the trustees shall not be obliged to .complete o;- Ciiii-y fi sale into effect, if, in their judgment, an adequate juiee is not offered for the land ; and in such a case the tmstet. a u:ay at a subsequent time sell the land, eithei- at pulilic auction or priv;ite sale, but a less sum shall not be accepted at piivate sale than was ofiiered at public 8. Befoi'e a deed is executed in pursuance of a public or pri\ate sale, the leligious society or congregation, for whose use the laud is held, shall be notified, and the sanction of a '"Judge d, and the payment of a fee of Fifty dollars to the General Revenue Fund of the Territories, may be enrolled as an advocate in the said Territories-: (1.) Any person, who has been duly called to the Bar of any of the Courts in Her Majesty's Dominions, or who has been ai- mitted to practice as an attorney, advocate, or solicitor in any of said Courts ; (2.) Any British subject of the age of 21 years furnishing to a Judge of the Supreme Court satisfactory evidence of a good mo^al character, and that he has pursued the study and practice of Law for at least three years under articles with* duly enrolled advocate in the Territories, and that the said articles, and any assignment thereof, the executito therecf beino- veriiied by affidavit, have been filed with the Registrar of the Supreme Court, within six months after the exec-ntion thereof ; and who shall pass an examination to the satisfa*- tion of such Judge and of a duly enrolled advocate of tie 458 The Legal Profession. 'Bftrritories, to be named by the Judge, on the general prin- •iples of the common law and equity jurisprudence, the British North America Act, and amendments thereto, the Statutes o£ the Dominion, and the Ordinances of the North- West Territories, and shall subscribe and take before such Judge the oath hereinafter prescribed. S. Upon receipt of such certificate from a Judge, and of ilie requisite fee, the Lieutenant-Governor shall cause the nanie of the person named in such certificate to be enrolled in a book, to be kept for that purpose, and shall issue to such person a certificate in the form following : CERTIFIOATK TO PRACTICE AS AN ADVOCATE IN THE NORTH-WEST TERRITORIES. No This is to certify that having •oHiplied with the provisions of "The Ordinance respecting the Legal Btofessioii" was, on the day of A.D. 18 duly enrolled as an advocate of the Courts of civil jurisdiction in the Korfch-West Territories, and as such is entitled to all the rights and privileges granted by said Ordinance. Given under my hand and the seal of the North- West Terri- tories, at this day of in the year of our Lord, one thousand eight hundred and Lieutenant-Governor of the North- West Territories. Endorsement. Registered this day A.D. 18 Liber Folio Secretary. 4. All perso)is enrolled as aforesaid shall be ofScers of the Supreme and other Civil Courts of the Territories, and sh-all be known and designated as advocates of such Courts. 5. The Supreme Court, or the Judges thereof usually ex- •reising"* jurisdiction in the judicial district within which such advocate is residing or practising, upon the application •f any person upon such notice to such advocate, as the Judge may direct, may order that any advocate, so enrolled as aforesaid, be struck off the rolls, oi' be suspended for such The Legal Profession. 259 time, as such Judge may think proper, for non-payment of moneys received by him as such advocate, after judgment shall have been entered against such advocate, and the period of three months shall have elapsed without the pay- ment thereof, or for the conviction of any such advocate of felony or misdemeanor ; and the Lieutenant-Governor, upon receiving from such Judge such order, shall note opposite the name of such advocate a minute thereof and thereafter such advocate shall be debarred from the privileges of this Ordinance during the time limited by such order. C The oath to be taken as hereinbefore prescribed shall be as follows : I, A. B.,do solemnly swear that I will well and truly and honestly demean myself as an Advocate in the North-West Territories, aboord- ing to the best of my knowledge, skill and ability. So help me God. 1. For filing articles of clerkship, and every assign- ment thereof, there shall be payable to the Registrar of the Supreme Court a fee of fifty cents. 260 i^f<''K i'l'i' Sitiiiinary^ Trials. CHAPTER 42. AN ORDINANCE RESPECTING FEES IN SUMMARY TRIALS. Fees in summary trials, s. 1. | Schedule. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembl)' oi" the Territories, en- acts as follows ; i. The fees mentioned in the Schedule at the end of this Ordinance shall be and constitute the fees, which Justices of the Peace, constables and witnesses shall be entitled to de- mand and receive in ;ill cases of Summary Convictions and Orders in the said Territories, unless in eases where other fees are expressly pre.'-cribed by Law. SCHEDULE. JUSTICES OF THE PEACE. Inforiuation or Complaint and Summons or Warrant $1 00 Every copy of Summons 25 Warrant of Distress Y5 Warrant of Commitment 75 Subpoena to Witnesses 25 Hearing and determining the case 1.00 Conviction or Order 1.00 Hecognizance and return 75 CONSTABLES. Service of each Summons or Warrant 50 Mileage for service of Summons, for each mile necessarily tra- velled ; 10 Mileage for executing Warrant, for eacli mile necessarily travelled 10 Attendance on Trial, levying on Distress Warrant and returning the same, shall be charged at the rate of, per day 2.00 WITNESSES. For each day's attendance in Court 1.00 Mileage, for each mile necessarily travelled 10 Appointment of Constables. ■ 261 CHAPTER 43. AN ORDINANCE PROVIDING FOR THE APPOINT- MENT OF CONSTABLES. Justices may appoint, s. 1. | Oath, s. 2. The Lieutenant-Governor, by and with tlie advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1 . Any Justice of the Peace may, in writing, appoint one or more constables, whose powers and duties as such shall extend 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 December then next following the date of such ap- pointment, or until any process on the said thirty-first day of December in his hands be executed. "i. Every constable so appointed shall, before entering on the duties of his office, take and subscribe, before a Justice of the Peace, the following oath: "I, having been appointed Constable for the North- West Territories, do solemnly swear that I will truly, faith- fully and impartially perform the duties appertaining to the said office, according to the best of my skill and ability. So help me God. " 262 Beturns by Justices of the Peace. CHAPTER 44. AN ORDINANCE TO PROVIDE AND REGULATE RETURNS BY JUSTICES OF THE PEACE. Returns, 3. 1. I Form of Return, Appendix. Penalty, s. 2. I The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. Every Justice of the Peace, and in cases where two " Justices of the Peace sit together, the senior of such Justices shall quarterly, on or before the second Tuesday in each of the months of March, June, September and December in each year, make a return to the Lieutenant-Governor, in the form at the end of this Ordinance, of all proceedings had before him or them, as the tase may be, and, with such re- turn, pay over to the Lieutenant-Governor all fines received during the three months ending on the last day of the month preceding such return. H. Every Justice, failing to comply with the requirements of thp next preceding section of this Ordinance, shall be liable to a penalty of one hundred dollars and costs of suit, in addilion to the amount of fines received, to be recovered by the Lieutenant-Governor before the Supreme Court of the Tei?itorie=?, as a debt, the same, when recovered, to form part of the General Fund of the Territories. lictnTiih by Justicea of the Feate. 2m FORM OF RETURNS. Return of prooecilings liad. and convictions made, by me cv \is (us Uie case may b») r'or the quarter ended ; 5 - S3 ^^d! 'Aiiii Exemptions from Seizure. r^T.-j HAPTER 45. AN ORDINANCE EXEMPTING CERTAIN PROPERTY EROM SEIZURE AND SALE UNDER EXECU- TION. Articles exempted, s. 1. I Exceptions, s. 3. Choice of articles exempted, s. 2. | The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. The following real and personal property are hereby de- clared free from seizure by \'irtue of all Writs of Execution iissued by any Court in these Territories, namely : (L) The necessary and oi'dinary clothing of the defendant and his family ; (2.) The furniture and household furnishings belonging to the defendant and his family to the value of five hundred dollars ; (3.) The necessary food for the defendant's family during six months, which may include grain and flour, or vegetables and meat eitlicr prepared for use or on foot ; (4.) Two cows, two oxen, and one hoi'se, or three horses or mules, six sheep, and two pigs, be.-,ides the animals the defendant may have chosen to keep for .food purposes, and food for the same for the months of November, December, Jfi.nunry, Feljrnary, March and Apiil, or for such of these Hionths or portions thereof, as may follow the date of seiz- Bre, provided such seizure be made between th^ first day of August and the thirtieth day of April next ensuing; (5.) The harness necessary for three animals, one wagon or two carts, one mower or cradle and scythe, one breaking plough, one cross-ploiigh, one set harrows, one horse i-ake, one sewing machine, and one reaper or binder ; (6.) The books of a professional man ; «(7.) The tools and necessaries used by the defendant in Ithe practice of his trade or profession ; (8.) Seed grain sufficient to seed all his land under cultiva- tion, not exceeding eighty acres, at the rate of two bushels Exempt iimH from Seizuvf. 265 per acre, defendant to liave choice of seed, and fourteen bushels of potatoes. (9.^ The homestead of the defendant, 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 incum- brance thereon ; (10.) The house and buildings occupied by the defendant and also the lot or lots on whirh the same are situate, ac- cording to the registered plan of the same, to the extent of fifteen hundred dollars. 3. The defendant shall be entitled to a choice from the greater quantity of the same kind of articles, which are hereby exempted from seizure. 3. Nothing in this Ordinance shall exempt from seizure any article, except for tlie food, clothing and bedding of the defendant and his family, the price of which forms the sub- ject matter of the judgment upon which execution against the defendant is issued. 266 Partnerships. CHAPTER 46. AN ORDINANCE RESPECTING PARTNERSHIP. Partnerships must be registered, s. 1. .!_ Modes of registration, ss. 2 to 8,incl. Penalty, s. 9. Effect of registration, s. 10. New Declaration, s. 11. Registering dissolution, b. 12. Fees, s. 13. Forms, Schedule. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : BEGISTRATION OF CO-PARTNEKSHIPS. 1. All persons associated in partnership for trading, manufacturing or mining purposes in the Territories, shall cause to be delivered to the Registrar of Deeds of the Land Registration District in which they carry on, or intend to carry on business, a declaration in writing, signed by the several members of such partnership ; provided, however, that if any of the said members be absent from the place, where they carry on or intend to carry on business, at the time of makine- such declaration, then such declaration shall be signed by the members present in their own names, and also for their absent co-members, under their special author- ity to that effect ; such special authority to be at the same time filed with the said Registrar and annexed to such de- claration. 3. Such declaration shall be in the Form A of this Ordinance, and shall contain the names, surnames, additions 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 v/hich the partnership has existed and is to exist, also declaring that the persons therein named are th« only members of such co-partner.ship or association. 3. Such declaration shall be filed within six months next after the formation of any such partnership, and a similar Partnerships. 267 declaration shall in like manner be filed, when and so often as any change or alteration of partnership takes place in the membership of such partnership, or in the name, style or firm under which they intend to carry on business, or in the place of residence of each member of said firm, and every new declaration shall state the alteration in the partner- ship. 4. Every person engaged in business for trading, manu- facturing, or mining purposes, and who is not associated in partnership with any other person or persons, h^ 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 addition of "and Company", or some other word or phrase indicating a plurality of members in the firm, shall cause to be delivered to the Registrar aforesaid a declara- tion of the fact in writing signed by such person. 5. The declaration last aforesaid shall contain the name, surname, addition and residence of the person making the same, 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 witliin six months of the time when such style is first used. 6. It shall be the duty of the Registrar aforesaid, to keep two Alphabetical Index Books of all declarations of co-part- nership, delivered to him in pursuance of the provisions hereof. T. In one of such books hereinafter called the " Firm In- dex Book," the said Registrar shall enter in alphabetical order, the style of the respective firms, in respect of which declarations have been delivered to him, and shall place opposite each entry the names of the person or persons com- posing such firm, and the date of the receipt by him of the declaration, in the manner shown in Form B of this Or- dinance. 8. In the second of such books, hereinafter called tbe /Individual Index Book," the said Registrar shall enter in alphabetical order the names of the respective members of each of such firms, and shall place opposite such entry the 268 • Partner.ihips. style of the tirm of which such pei'son is a member, and the date of the receipt of the declaration in the manner shown in Form C of this Ordinance. 9. Each and every member of any. partnership, or other persons requiring to register a declaration under the pro- visions of this Ordinance as aforesaid, who fails to comply with the requirements aforesaid, shall forfeit the sum of one hundred dollars, to be recovered before any Court of compe- tent jurisdiction, by any person suing as well on his own behalf as on behalf of the Lieutenant-Governor ; and half of such penalty shall belong to the General Fund of the Terri- tories, and the. other half to the party suing for the same, unless the suit be brought, as it may be, by the Lieutenant- Governor on behalf of the Territories onlj', in which case the whole of the penalty shall belong to the Territories aforesaid. 10. The allegations made in the declaration aforesaid cannot be controverted by any person who has signed the same, nor can they Ite 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. 1 1. Until a new declai'ation is made and filed by him, or by his co-partners, or any of them as aforesaid, no such signer shall be deemed to have ceased to be a partner ; but nothing herein 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 judg- ment is recovered against them, any other partner or part- ners may be sued jointly or severally, in an action on the original cause of action, upon which suclr judgment was rendei-ed, nor shall anything in this Ordinance be construed to affect the rights of any partners with regard to each other, except that no such declaration as aforesaid shall be controverted by any signer thereof. 1 3. Upon the dissolution of any partnership, any or all of the persons who compose such partnership, may sign a Partnerships. 269 declaration certifying the dissolution of the partnership ; such declaration may be in the form D of this Ordinance. 1 3. The said Registrar shall be entitled, for filing a de- claration under this Ordinance, to a fee of fifty cents, and for searches made in each of such books, the following fees, and no more : For sea'ching in the Firm Index Book, each firm Ten Cents. For sefi'ohing in the Individual Index Book, each name. . Ten Cents. For each oeitificate, when lequiied Twenty -five Cents. FORM A. {Vide Section 2.) DECLARATION OF CO-PARTNERSHIP. Nokth-Wb.st Terbitokibs, "i Land Registration Dis- J-We, tiict of j of in (occupation), and ,of, (occupation), hereby cevt-fy: 1. That we have carried on and intend to cany on trade and busi- ness as at in paitnei ship under the name and firm of (Or I or we) the undersigned, of in hei eby cei tify that I (or we) have cariied on and intend to carry on trade and business as at in partnership with of , and of (as the case may be.) 2. That the said partnership has subsisted since the day of , one thousand eight hundred and eighty 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 eight hundred and eighty 270 Pcurtnerships. FORM B. (Vide Section 7.) FIRM INDEX BOOK. STYLE OF FIRM. NAMES OF PERSONS COM POSING THE FIRM, AND THEIR RESIDENCES. John Smith, Moose Jaw .... Edward Ives, Regina James Abbott, Calgary George Abbott, Calgary Arthur Beinaid, Troy Alexander Johnson, Troy. . . DATE OF FIL- ING DEOLAB. ATION. ' John Smith & Co ... . James Abbot & Son. . Bernard & Johnson . . 15 Sept., 1889. 10 Sept., 1889. 1 March, 1889. FORM C. {Vide Section 8.) INDIVIDUAL INDEX BOOK. NAME OF INDIVIDUAL AND RESIDENCE. Abbott James, Calgary Abbott George, do Bernard Arthur, Troy, Johnson Alex., Troy. . . STYLE OF FIRM OF WHICH A MEMBER. DATE OP FILING DE- CLARATION James Abbott & Son. do Bernaid & Johnson. . . Bernard & Johnson . . 10 Sept, 1889. do 1 March, 1889 1 March, 1889. Partnerships. 27 1 FORM D. {Vide Section 12.) DECLAKA.TION OF DISSOLUTION OF PARTNERSHIP. North- West Tekmtories, Land Registration Dis- trict of formerly a member of the firm of carrying on busineas as at in the Land Registration District of under the style of do hereby certify that the said part- nership -was on the • day dissolved. Witness my hand at the day of one thousand eight hundred and eighty 272 Mortgages and Sales of Per.^onai Property. CHAPTER 47. AN OEDINANCE RESPECTING MORTGAGES AND SALES OF PERSONAL PROPERTY. Registration Districts, s. 1. Evidence, s. 14 Registration Cle.ks, s. 2. Discharge, ss. 15. 16 Registration, ss. 3, 4, 5, 6, 7. Instruments, s. Registration Officer, s. 9. Duties, s. 10. Renewal, s. 11. Form of Statement, s. 12. Affidavit f.ir, s. 13, Assignment, s. 17. Removal ( if Goods, s. 18. Fees, s. 19. Affidavits, s. 20. Office hours, s 21. Schedule The Lieutenant-GoN'ernor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1 . For the purposes of registration of mortgages and other transfers of personal property in the Territories, the follow- ing shall be registration districts : («.) The registration district of " Moosomin," comprising that part of Assiniboia eastward of the eleventh range of townships west of the Second Meridian ; {b.) The regi'^tration district of " Regina," comprising that part of Assiniboia west of the registration district of- Moo- somin, and east of the west line of the twenty-third range of townships west of the Third Meridian ; (c.) The registration district of " Medicine Hat," compris- ing all that portion of Assiniboia west of the registration district of Regina ; (d.) The registration district of " Maeleod," comprising all that part of Alberta lying west of the registration district of Medicine Hat, and south of townships seventeen ; (e.) The registration district of " Calgary," comprising all that part of Alberta Ijang between townships sixteen and forty -three ; ( f.) The registration district of " Edmonton," comprising all that portion of Albei-ta lying north of townships forty- two ; ((/.) The registration district of " Battleford," comprising Mortgages and Sales of Personal Property. 273 all that portion of Saskatchewan lying west of the fifth range of townships west of the Third Meridian ; (A.) The registration district of " Prince Albert," compris- ing all that portion of Saskatchewan lying east of the Bat- tleford registi-ation district. 3. For the registration districts of Moosoniin, Regina, Macleod, Calgary and Prince Albert, tlie clerks of the Su- preme Court respectively shall be registration clerks^ and for the registration districts of Medicine Hat, Edmonton, and Battlefqrd, such persons as the Lieutenant-Governor may appoint shaU be registration clerks, who respectively shall keep their offices at Medicine Hat, Edmonton and Battleford. 3. Every mortgage or conveyance intended to operate as a mortgage of goods and chattels made in the Territories, which is not accompanied by an immediate delivery and an actual and continued change of possession of the tilings mortgaged, shall, within fifteen days ^rom the execution thereof, be registered as hereinafter provided, together with , the affidavit of a witness thereto, of the due 'execution of such mortgage or conveyance and also with the afiidavit of the mortgagee, or one of several mortgagees, or the agent of the mortgagee or mortgagees, if such agent is aware of all the circumstances connected therewith and is properly authorized by power in writing attached to the same, to take such mortgage, such last mentioned afiidavit stating that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due, and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor or of preventing the creditors of such mortgagor from obtaining payment of any claim against him ; and every such mortgage or conveyance shall operatCj or take effect upon, from and after the day and time of the, execution thereof. 4. In case of an agreement in writing for future advances for the purpose of enabling the borrower to enter into and carry on business with such advances, and in case of a mort- gage of goods and chattels for securing the mortgagee re- 274 Mortgaje.H •<■ id Scde'i of Per.^ of Personal Properly. i/;> slmll be attached to the conveyance), that the sale is bona JicLe ami for good considei-ation, as set forth in the said con- veyance, and not for tlie purpose of hohling or enabUng the bargainee to hold the goods mentioned therein against any creditors of the bargainor ; and such conveyance and affi- davits shall be ivgistered as hereinafter provided .within fif- teen days from tiiL- .execution thereof, otherwise the sale shall be absolutely void as against the creditors of the bar- gainor and as against subsequent purchasers of mortgao-ees m good faith. , ^ "= ° 4». Such registration shall only have etiectinthe registra- tion district, wherein such registration has been made. T. In case such mortgage or conveyance and affidavits are not reg-istered as hereinbefore provided, or in case the con- sideration for which the same is made is not duty expressed therein, the mortgage or conveyance shall be ab.solutely null and void as against creditors of the mortgagor, and against subsequent purchasers or mortgagees in good faith for^'valu- able consideration. 8. All the instruments mentioned in this Ordinance, whether for the mortgage or sale, assignment or transfer of goods and chattels, shall contain such sufficient ai d fall description thereof, that the same may be readily and easily known and distinguished, except in the ca>e of assignments for the general benefit of creditors, in which case the des- cription Ishall be sufficient, if it is in the following words : "All my personal property which may be seized and sold under execution," oi' words to that effiict. J^. The proper registration officer for instruments, being- mortgages and transfers of personal property, shall be the clei-k of the i-egistration distiict in which the property des- cribed in the mortgage or transfer is at the titne of the the execution of the instrument ; such registration clerks shall file all such instruments presented to them respectively for that purpose, and shall endorse thereon the time of receiving the same in their I'espective offices, and the same shall be kept there for the inspection of all persons interested therein, or intending or desiring to acquire any interest in 11 or any portion of the property covered thereby. 276 Mortgages and Sales of Personal Property. 10. Every such clerk shall number each instniinent or copy filed in his office, and shall enter in alphabetical order in a book to 1 le provided by him the names of all the parties to such instrument, with the number endorsed thereon opposite to each name ; and such entry shall be lepeated alphabetically under the name of eveiy party thei-eto. 18. Every mortgage thereof filed in pursuance of this Ordinance shall cease to be valid as against the creditors of the persons making the same, and against subsequent purchasers or mortgagees in good faith for valuable con- sideration, after the expiration of one ynir from tlse filing thereof, unless, within thirty days next p-f( ceding the expi- ration of the said tana of one year, a statement exhibiting the interest of the mortgagee 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 again filed in tlie offife of the registra- tio:i clerk of the district, where the propei'ty is then situate, with an affidavit of the iDortga.gee or of one of se\'era! mortuagces. or of the a,-signec or one of se^■e)•al assign- ees, or of the agent of the nioi'tga-ve or assignee, or mort- gagees or .•I'^sigoees, duly authorized for tliat purpose, as tl le case may be, stating that such stateuients are true, and that the said moi'tgage has not been kept on foot for any fraudu- lent purpo ose. i'i. iSuch statement ami aflidavit shall V)e in the following foi'm, or to the like effect : STATEMENT exhibiting tJje interest of C. D. in the piopei ty mentioned in tlie chattel nioitgage dated the day of A. D., 18 , made between A. B., of of the one part, and C. D., of of the other pait, and tiled in the office of the legistration cleik of district (as the case may be,) on the day of 18 , and of the amount due for principal and interest thereon, and of all pay- ments made on account fcheteof. The said C. D is still the mortgagee of the said piopeity and has not assigned the said mortgage (or the said E. F. is the assignee of the said mortgage by virtue of an assignment thereof from the said C. D. to him, dated the day of 18 ), or as the case may be. No payments have been made on account of the said mortgage, [or the following payments, and no other, have been made on account of the said mortgage : Mortgages and Salen of Personal Property. 277 18 — Jan. 1. — Cash received $ ] The amount still due for principal and interest on the said mortgage is *he sum of dollars, computed as follows : [Here give the computation.] C. D. North- West Tebritobies. I To Wit. J I, of the mortgagee named in the chattel mortgage men- tioned in the foregoing [or annexed] statement or [assignee] of ' the mortgagee named in the chattel mortgage mentioned in the foregoini; [or annexed] statement, [as the case may be], make oath and S'-iy : 1. Tliat tl'.e foregoing [or annexed] statement is true. 2. That the chattel mortgage mentioned in the said statement has not been kept on foot for any frau- dulent purpose. Sworn before me at in the North- West Territories, this day of 18 13. The affidavit requii-ed by the eleventh .section. of this Ordinance may be made by any next of kin, executor dr administrator of any deceased mort- gagee, or by an assignee having by or through any mprtgagee, or any next of kin, executor or administrator of am' such assignee ; but if tlie 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 which the mortgage is originally tiled, at or before the time of such re-filing by such assignee, next of kin, executor or administrator of such assignee. 14. A copy*of such original instrument, or of a copy thereof, so filed as aforesaid, including any statement made in pursuance of this Ordinance, certified by the registration clerk in whose office the same has been filed, shall be received in evidence in all courts^ but only of the fact that such instru- ment or copy and statement, were received and filed accord- 278 Mortgages and Salcn of Pergonal Property. ing to the endorsement of the cleric thereon, and of no other fact ; and in all cases the original endorsement by the said ckrk, made in pursuance of this Ordinance upon any such instrument or copy, shall be received in evidence only of the fact stated in such endorsement. 15. Where any mortgage of goods and chattels is regis- tered 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 executor'^ or administrators, in the form given in the schedule hereto, or to the like effect. I ft. The officer with whom the chattel mortgage is filed, upon receiving such certificate, duly proved by the affidavit of a subscribing witness, shall, at each place where the num- ber of such mortgage has been entered with the name of any of the parties thereto, in the book kept under section 10 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 the certifi- cate) :" and to the said entry such officer shall affix his name, and he shall also endorse the fact of such discharge upon the instrument discharged, and shall affix his name to such endorsement. 1 7. In case any registered chattel mortgage has been as- signed, such assignment may, upon proof by the affidavit of a subscribing witness, be numbered and entered in the alphabetical chattel mortgage book in the same manner as a chattel mortgage, and the proceedings authorized by the two next preceding section-; of tliis Ordinance may and shall lie had upon a certificate of the assignee, pioved in mannei- aforesaid. 18. In the event of the permanent removal of goods and chattels mortgaged as aforesaid, frcm the registration dis- trict in \vhich they were at the time of the execution of the mortgage to another registration district, feefore the pay- ment and discharge of the mortgage, a certified copj^ of such mortgage, under the hand of the registration clerk in whose office it was first registered and of the affidavit and docu- ments and instruments I'elating thereto, filed in .such office, shall be filed with the registration clerk of the district to Alvrhjiuje.s and Sales of Pergonal Property. 279 which such goods and chattels ai'e renio\-ed within three weeks f'roni such removal, otherwise the said goods' aitd chattels shall be liable to seizure and sale under execution, and_ in such case the mortgage shall be null and void as against subsetiuent purchasers and mortgagees in good faith . for valuable consideration; as if never executed. 11>. For services under this Ordinance, each clerk afore- said shall be entitled to receive the following fees : (1.) For tiling each instrument and affidavit, and for en- tering the same in a book as aforesaid, fifty cents ; (2.) For filing assignment of each instrument, and for making all proper endorsements in connection therewith, fifty cents ; (3.) For tiling certificate of discharge of each instrument and for making all proper entries and endorsements con- nected therewith, fifty cents ; (4.) For searching for each paper, twenty -five cents ; (-5.) For copies of any document filed under this Ordi- nance, ten cents for every hundied words ; (6.) For every certificate, fifty cents. 30. All affidavits and affirmations required by this Ordi- nance shall be taken and administered by any Commissioner for taking affidavits. Justice of the Peace or Notai'y Pubiie in or out of the Territories, or Registration Clerk, and the sum of twenty -five cents shall be paid for every oath thus administered. 131. The Registration Clei'ks 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 ex- cept Sundays and holidays, and except on Saturdays, when the same may be closed at one o'clock in the afternoon, and during office hours only shall registrations be made. 280 Mortgages and Sales of Personal Property. SCHEDULE. {Vide Section 15.) FORM OF DISCHARGE OF MORTGAGE. T(i the Registration Clerk of District I, A. B., of do certify that has satisfied all money due on, or to grow due on, a 3ertain chattel niottgaue made hy to which iaoitg,i,ge hears date the day of A. D. 18 , and was remslered (or in the case the mortgage has been renewed under sections eleven and twelve, was renewed) in the ofiBce of the Registration Clerk of the District of on the A.D. 18 as number (here mention the day and the date of registra- tion of each assiamnent thereof, and the names of the parties, or men- tion that such mortgage has not been assigned, as the fact may be); and that lam the person entitled by law to receiv« the money ; and that such iiioitgHge is therefore discharged. Witness my hand this day of .4.D. , 18 Witness, [stating residence and occupation.] Mi'r.hanlcK' Lie^is. 281 CHAPTER 48. AN ORDINANCE TO ESTABLISH LIENS IN FAVOR OF MECHANICS, MACHINISTS AND OTHERS. Title, s. 1. Intrepretation, s. 2. * Who entitled to Lien, ss. 3, 4, 6. Property upon which Lien to at- tach, ss. 5, 6. Owner may retain 10 per cent, of price, s. 7 Sub-contractor's claim, s. 8. Payment of 90 per cent, of con- tract pi ice authorized, s. 9. Extent of owner's liability, s. 10. Claims against lieii-holders : May be paid bj' owner of premises, s. 11. Arbitration, respecting, s. 12. Failure to pay amount found due, s. 13. Arbitration respecting sub - con- tractor's claim, s. 14. Property not to be removed, s. 15. Registration of claim, ss. 1(>, 19, 20, 21. Claims for wages, s. 17. Registrar's duty, s. 18 Expiry of Lien, ss. 22, 23, 24. Death of Lien-holder, s. 25. Discharge of Lien, ss. 26, 27. . Enforcement of Lien, ss. 28, 29, 30. The Lieutenant-Governor, by and with the advice and consent of the Legislative A.s.seiubly of the Territories, enacts as follows : 1. This Ordinance may he cited as Ordinance." The Mechanics' Lien 3. In this Ordinance the words (1.) "Contractor" means a person contracting 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.) " Sub-contractor " means a person not contracting with or employed directly by the owner for the purposes afore- said, but contracting with or employed by the contractor or under him by another " sub-contractor." (8.) " Owner " shall extend to and include a person having any estate or interest in the lands upon or in respect of which the work is done, oi* materials or machinery are placed or furnished, at whose request and upon whose credit or on whose behalf or consent or for whose direct beneiit any such work is done, or materials or machinery placed or furnished, and all persons claiming under him whose rights are 282 Mcclid/nies Liens,. acquired after the work in respect of which the lien is claimeil is commenced, or the materials or machinery fur- nished have been commenced to he furnished. 3. No agreement shall be held to deprive any one other- wise entitled to a lien under this Ordinance, and not a party to the agreement, of the henelit of the lien, but the lien shall attach notwithstanding- such agreement. 4. Unless he signs an express agreement to the contrary, every mechanic, machinist, builder, miner, labouier, con- tractor, 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 plac- ing machinery of any kind in, upon or in connection with any building, erection or mine .shall, by virtue of being so employed or furnishing, have a lien for the price of the work, machinei')' 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. 5. The lien shall attach upon the estate and interest of the owner, as defined hy this Ordinance, in the building, erec- tion or mine, or in respect of which this work is done, or the materials or machinery placed or furnished, and the land occupied thereby or enjoyed therewith. (2.) In eases wliero the estate or interest charged by the lien is leasehold, the fee simple may also, with the consent of the owner thereof, be subject to said charge, provided such consent is testified by the signature of such owner upon the claim of lien at the time of the registering thereof, and duly verified. (3.) In case the land upon or in respect of which any work as aforesaid is executed, or labor performed, or upon which materials or machinery are placecl, is incumbered by a pi'ior mortgage or other charge, and the selling value of the land is increased by the construction, alteration or repairs of the building, or by the election or placing of the 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. 6. Without prejudice to any lien; which he may have Mvclianicii' Liens. 283 under the preceding sections, every nieclianic, laborer, or other person, A\ho performs labor for wages upon the con- struction, alteration 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 thirtj^ days, oi- a balance equal to his wages for thirty days. (2.) The lien for wages given by this section shall attach, when the labor i,-- in rcopcct of a building, erection or mine on property bdonging 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. T. In all cases, the owner shall, in the absence of a stipu- lation to the contrary, be entitled to retain, for a period of thirty days after the completion of the contract, ten per centum of the price to be paid to the contractor. 8. In case the lien is claimed hj a sub-contractor, the amount which may be claimed in respect thereof shall be limited to the amount payable to the contractor or sub-con- ti'actor (as the case may be) for whom the work has been done; or the materials or machineiy have been furnished or placed. 9. All payments, up to ninety per centum of the price to to be paid for the work, machinery or materials, as defined by Section 4 of this Ordinance, made in good faith by the owner to the contractor, or by the conti'actor to the sub- conti-actor, or by one sub-contractor to another sub-con- tractor, before notice in writing by the person claiming the lien has been given to such owner, contractor or sub-con- tractor (as the case may be) of the claim of such persons shall operate as a discharge pro tanto of the lien C]'eated by this Ordinance, but this section shall not apply to any pay- ment 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 oi- reme- dies 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 com- 284 Mechanicn' Liens. pletion of the M^ork, or of the delivery of the materials in respect of which such lien exists, and no longer, unless notice in writing be given as hei'ein provided. (3.) A lien for wages for tliirty 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 con- tractor have priority over all other liens under this Ordin- ance and over any claim by the owner against the conti'act- or for, or in consequence of, the failure of the latter to com- plete his contract. 10.. Save as heiein provided, the lien .shall not attach so as to make the owner liable to a greater sum than the .sum payable by the owner to the contractor. 1 1 . All persons furnishing material to or doing labor for the person having a lien undei- this Ordinance in respect of the subject of such lion, who notify the owner of the prem- ises sought to be affected thereby, within thirty days after such material is furnished or labor pei-formed, of an unpaid account or demand against such lien holder for such material or labor, shall be entitled, .subject to the provisions of Sections 6 and 9 of this Ordinance.to a charge therefor pro rata upon any 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 labor as aforesaid, snch payment shall be deemed a satisfac- tion pro tanto of such lien. i'i. In case of a di.spute as to the validity or amoant of an unpaid account o]- 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 this Ordinance, at the option of the person having the tm- paid account or demand against the lien holder ; and, pending the proceedings to determine the dispute, so much of the amount of the lien as is in question .therein may be withheld from the person claiming the lien. 13. In case the person primarily liable to the person giv- ing such notice, as mentione(l in Section 1 1 of this Ordinance, fails to pay the amount awarded within ten days after the award is made, the owner, contractor or sub- contractor may Mechanics' Liens. 285 pay the same, out of any moneys due by him to the person pi-imarily 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 if made A\ithout any arbitration 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 tanto of the moneys so due as aforesaid to the peison primarily li- able. S4. In case a claim is made by a sub-contractor in i-espect of a lieu on which he is entitled, and a dispute arises as to the amount due oi- payable in i-espect thereof, the same shall be settled by ai-bitration. (2.) One arbitrator shall be appointed by the person mak- ing the claim, one by the person by whom he was employed, and the third ai'bitrator by the two so clioseu. (3.) The dl'ci^ion of the arbitrators or a majoirfcy of them shall be linal and conclusive. (4.) In case either of the parties interested in &a\ such dispute refuses or neglects, within three days after notice in writing rec|uiring him to do so, to appoint an arbitrator, ur if the arbitrators appointed fail to agree upon a third, the ap- pointment may be made by the Judge of the judicial dis- trict in which the lands, in respect of which the lien is claimed, are situate. !.*. During the continuance of a lien, no portion of the property or machiner}' affected thereby shall be removed to the prejudice of the lien ; and any attempt at such removal may be restrained by application to the Supreme Court or the Judge thereof. E6. A claim of hen applicable to the case may be de- posited in the Land Titles Office of the Registration Dis- trict in which the Jand is situated, and shall state: (a.) The name and residence of the claimant, and of the owner of the pi operty 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 tame was, or was to be done or finished ; (h.) The work done or material* O]- machinery furnished ; (c.) The sum claimed as due, or to become due ; (d.) The description of the land to be charged ; 286 Mechanics Liens. (('.) Tlie date of expiring of the 'period of credit agreed to bj- the lien liolder for payment for his work, materials or ma:/liin!Ty, where credit has been given. ST. A claim for wages may inclu(.le the claims of any number of mechanics, laborer.^ or other persons aforesaid who may clu.io.se to unite them. In such case, each claimant shall verify his claim by his affidavit, but need not repeat the facts set out in the claim, and an affidavit subscaaifcially in accordance with Form 4 in the Schedule to this (.)rilinance shall be sufficient. 18. The Registrar, upon payment of his fee, .shall file the claim so that the same may appear as an incumbrance against the land therein described ; (2.) The fee for registration shall be tv,enty-five cents; if several ])ersuns join in one claim, the Registrar shall have a further tee of ten cents for every person after the first ; (3.) The Registiai' shall not be bound to copy in any regisD'Y iiook any claim or affidavit, but he shall number each claim and shall insert in the alphabetical ami abstract indexes the like particulars as in other cases ; he may de- scribe the nature of the statement as " Mechanics Lien." li>. Whciv a claim is so deposited, the person entitled to the lien shall be ileemed a purchaser ^jro ftinfo. 30. Wiiere the lien is for waees under Sections 6 or 9 of this Ordinance, the claims may 1 le registered : ((t.) At any time within thirtj^ daj's after the last day's labor, for which the ■\\ages are payable, or {b.) At any time within thirty days after the completion of the construction, alteration or repair of the building or erection, or after the erecting or placing of the machinery, in or towards which, respectively', the labor was performed, and the wages earned, but so that the whole period shall not exceed sixty day's from the last day's labor aforesaid. (2.) Such lien shall not be entitled to the benefit of the pro- visions of Sections 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 pur- poses after as before registration. Mechanics' LienH. 287 'il. In other cases the claim of lien may be deposited before or during the progress of the work, or within thirty days f)-om the completion thereof, or from the supplying or placing the machinery. 'Z'i. Ewrj lien which has not been duly deposited under the provisions of this Ordinance shall absolutel ,- cease to exist ou the expiration of the time hcreinbt-ff ire limited for the registration thereof, unless in the meantime proceedings are instituted to realize the claim, under the provisions of this Ordinance, and a certificate thereof (which may be granted by the Court or Judge before whom or in which the proceedings are instituted) is duly filed in the registry office of the land registration district, wherein the lanels in res- pect of which the lien is claimed are situated. 'i3. 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 completed, or materials or machiner\' furnisliod, or wages earned, or the expiiy of the perioil of credit, where such perioel is mentioned in the claim of lien fileil, unless in the me.intime proceedings are instituted to realize the claim under the provisions of this Ordinance, and a certificate thereof (which may be granted by the Court or Judge before whom or in which the proceedings are instituted,) i.s duly registered in the Land Titles Office of the Registration District, wherein the lands in respect of which the lien is claimed are situate. 34. If there is no period of credit, or if the date of expiry of the period of credit is not stated in the claim so filed, the lien shall cease to exist upon the expiration of ninety days after the work has been completed or materials or machinery furnished, unless in the meantime proceedings shall have been institiited pursuant to" Section ^;! of this Ordinance. 35. In the event of the death of a lien-holder, his right of lien shall pass to his personal representatives, and the rio-ht of a lien holder may be assigned by any instrument in writing. 36. A lien may be discharged by a receipt signed by the claimant or his agent, duly authorized in writing, acknow- 28 J Mechanics' Liens. ledging payment, and verified by affidavit and tiled. Such receipt shall be numbered and entered by the registrar like other instruments, but need not be 9opied in any book ; the fees shall be the same as for registering a claim or lien. • XT. When there is a contract for the execution of the work as hereinbefore mentioned, the registration of all dis- cliai'ges of liens shall be at the cost of tlie contractor, unless a Court or Judge otherwise oi'ders. 38. In all cases the lien may be realized in the Supreme Court in the Judicial District, in which the land charged is situated, acccirding to the ordinary procedure of that Court. 3S>. Any number of lien holders may join in one action, and any action, brought by a lien holder, shall be taken to be brought on behalf of all the lien holders of the same class who shall have registered their liens before or within thirty days aftei' the commencement of the action or who .shall, within the said thirty days, tile in the proper office of the Court, from which the writ issued, a statement entitled in or refen-ing to the said action of their respective claims. (2.) In thf event of the death of the plaintiff, or his refusal or neglect to proceed, any other lien holder of the same class who has registered his lieu or filed his claim in the manner and within the time above limited for that pur- po.se niay be allowetl to prosecute the action on such terms as may be considered just and reasonable. (3.) In case of a sale of the estate and interest charged with the li(.'n,' the Court or Judge may direct the sale to take place, at any timl 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, and authorize its- removal. (5.) When judgment is given in favor of a lien, the Court or Judge may add to the judgment the costs of and inciden- tal to registering the lien, as well as the costs of the action. (6.) Where there are several liens under this Ordinance against the same property, each class of the lien holders shall, subject to the provisions of Sections 5, 9, and 11 of this Ordinance, rank pari j)assw for their several amounts, and the proceeds at any sale shall, subject as aforesaid, be distributed Mecfiamcs' Liens. 289 amongst them pro rata, according to their several classes and rights, and they shall respectively he entitled to execution for any balance due to them respective!}- after said distribution. (7.) Upon application the Court or Judge may receivB security or payment into Court in lieu of the amount of the claim, and may thereupon vacate the registry of the lien. (S.) The Court or Judge may annul the said registry upon any other ground. (9.) In any of the cases mentioned in sub-sections 7 and 8 the Court or Judge may proceed to hear and detemiine 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 lef used to sign a discharge thereof^ or without just cause claims a larger sum than is foimd by such Court or Judge to be due, the Court or Judge may order and adjudge him to pay costs to the other party. 30. Where any mechanic, artisan, machinist, builder, miner, contractor or any other person, has furnished or pro- cured materials for use in the constrtiction, alteration or r&- pair of any building, erection or mine, at the request of and for some other person, such materials shall not be subject to execution or other process, to enforce any debt (other than for the purchase tho-eof) due by the person furnishing or procuring such materials, and whether the same have or hav3 not been in whole or in part worked into or made part of such building or erection. ti)0 Mecfui/nics Ltena. SCHEDULE. FORM 1. «LAIM OF LIEN. A. B., (name ef claimant) of (here state residence of claimant) {if mi^ as fissignee of, statiTUj name and residence of assignor) under the I!ffier is to be) done, or uiiiteriula furnished for (here state the name and rimdenee of the person upo'ii whose credit the work is done or materi- als furnished) on or before the day of Eie amount claiuied as due ((»• to become due) is the sum of $ The toUowint; is the description of the land to be charged : Qiere set out a cmicvse description oj the land to he charged sufficient for the pfwpese of registraUmi.) When credit has be»n given insert : The said work was done (or laaterials were furnished) on credit, and the p'lriod of credit asjveed to •xpired (w will expire) on the day of 18 Vnted at this da.y of A D. 18 (Signature of Claimant ) FORM 2. ni,UM OP LIEN FOR WAGES A. B., (name of claimant) of (here state residence of claimant) {if so, ui asdgnee of, stathig name and residence of assignor) under the Mechftiiies' Lien Ordinance, claims a lien upon the estate of (here state the iiiune and residence of the owner of land upon which the Hen is claini- ed,) in the undermentinned land in respect of day's work performed thereon while in the employment of (here state the name 'tnd 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 laud to be charged (here set ou a concise desc7-iption of the lands to be charged, sufficient for the purpose of rt^istraiio'n.) Bated at this day of A^.D. 18 (Signature of Claimant.) Mechanics Liens. 291 FORM 3. The folliiwin<^ persuns under tlv; Mechnnioa' Lien Ordinance, claim ■A lien up .n the est.:ue of (here state the name and residence of the owner of the lan.l) ill respact nf watjes for hibor pdvformed thereon, while in euipioyaient of {here stute name rmd residence or names , and residences of employers of the sei'eral persons ci'iiming the lien.) A. B., 1 of (residence) § for days wages. 0. U., of ^ for days wages. E. F-, of $ for days wni;e<. Th'i folioivins; is thy description of land to be uhari;ed (here set ont a concise description oj the land to he charged sufficient for the purpose of regi.stratton.) Dated at this day of 18 (Signatures of the several ci-iiniaiits.) FORM 4. AFFIDAVIT VEKIFYISG CLAIM. I, A.B., named in the above (or annexed claim) do make oaBii that the said claim is true (or the said claim so far as it relates to me is true.) Or, Wd, A. B. and C. D., named in the above (or annexed)' claim, do make oath, and each for himself saifch that the said clause, so f.ir a» it relates to him, is true. ( Where affid ivit is made by agent or assignee, a clause must be added te the following effect) : 1 have full knowledge ot the facts -set foitli in th* above (or annexeit claim.) Sworn before me at in "j the North- West Territories this > day of A.D. 18 J Or, > The said A. B. and C. D. were sev-~\ erally sworn before me at \ in the Noith-West Territories this/" d.^y of A. D. 18 J Or, The said E. F. was sworn beforeA me at in the North- I West Territories this [ day of A.D. 18 ; 292 Frefereritud Ai-.^ignnieyils. CHAPTER 49. AN ORDINANCE RESPECTING PREFERENTIAL ASSIGNMENTS. Assignments in fraud of creditors I Assignments for beneiit of credi- void, s. 1. I tors, s. 2. The Lieutenant-Governor, by and with the advice and con- sent of the Legislative Assembly of the Territories, enacts as follows : . 1. Every gift, conveyance, assignment, or transfer, deliv- ery over, or payment of goods, chattels or efl'ects, or of bends, bills, notes, securities, or of shares, dividends, premiums, or bonus in any bank, companjr, or corporation, made by any person at any time ■\\hen he is in insolvent circumstances, or is unable to pay his debts in full, or knows that he is on the eve of insolvency, with intent to defeat or delay or prejudice his creditoj-s, or to gi^•c to any one or more of them a prefer- ence over his other civditors, or over any one or more of them, or which has such eifect, shall as against them be utterly void. 3. Nothing in this Ordinance shall apply to any deed of assignment made and executed by a debtor for the purpose of paying and satisfying ratably and proportionately, and • without preference or priority, all the creditois of such debtor, their just debts or any bona fcle sale of goods or payment made in the ordinary course of trade or calling to innocent purchasers or parties. U/ioses in Action. 298 ft CHAPTER 50. AN ORDINANCE RESPECTING CHOSES IN ACTION. Debts and Choses in Action assign- able, li. 1. Assignee, s. 2. Pleadings in action, s. 3. Rights to set off, etc , when pre- served, ss. 4, 6. Bonds, etc , of Corporations as- signable, s. 6. Not to apply to bills and notes, s. 7. The Lieutenant-Governor, by and with the advice am consent of the Legislative Assembly of the Territories- enacts as follows : — 1. Every debt and a.ny chose, in adion, 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 conti-act, and the assignee 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 Ordin- ance had not been passed. 3. The term " assignee," in the next preceding section, shall include an}' person now being or hereafter becoming entitled to any first or subsequent assignment or transfer or any derivative title to a debt or cliose in action, and possess- ing, 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. 3. The plaintiff in any action or suit for the recovery of the subject of any assignment made in conformity with the two 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 t^i Choses in Action. 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. 4: In case of any assignment of a debt or chose in action, arising out of contract, and not assignable by delivery, such assignment shall be subject to any defence or set-off in res- pect 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 assignment 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 jiS between the debtor and any assignee of such debt or chose in action arising out of contract. 5. In case of any assignment made in conformity with the provisions hereof, and notice thereof given to the debtor or 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 may have arisen subse- quent to such notice by any act of the assignor or otherwise. 6. The bonds or debentures of corporations made payable to bearer, or any person named therein, or bearer, may be transferred by delivery alone ; and such transfer shall vest the property in such bonds or ■ debentures in the transferee or in the holder thereof, and anjr such holder may bring any action or suit on or in respect of any such bonds or deben- tures in his own name. 7. The proceedings in the next preceding six Sections shall _ not be construed to apply to bills of exchange, or promif ory notes or instruments which are negotiable, or in respect of which the property therein passes by mere delivei y. Receipts^ and Orders for Chattelts. 29i CHAPTER 51. AN ORDINANCE CONCERNING RECEIPT NOTIM, HIRE RECEIPTS AND ORDERS FOS, CHATTELS. Provisions, s. 1. The LientenaBt-Governor, I)}' and ^^•itll IJ'e ad consent, of the Legishitive Assembly of the Terriloriw, «»- acts as follows : 1. Notwithstanding any condition, proviso, or Hgreement contained in any receipt note, hire receipt, or order for chattels, given by a bailee of chattels, where the coriditicn of the bailment is such that the possession of the chattel slionM pass without any ownership therein being acquired by the bailee, the maker thereof shall be liable only for the amomit due or to become due by him on such chattel ; and sucth- re- ceipt note, hire receipt or ordel" shall be of no effect as against judgments, execiitions, or attachments issued out of any Court in the Territories, or against any mortgagee or hona fide purchaser for a greater amount than that a-ctTtaPy due or to become due on the said receipt note, hii-e receipt or order. 296 Costs of Distress. CHAPTER 52. AN ORDINANCE TO REGULATE THE COSTS OF DISTRESS FOR RENT AND EXTRA-JUDICIAL SEIZURE. Costs of distress for rent, s. 1. Costs of seizure under Chattel ■Mortgage, s. 2. Penalty, s. 3. Schedule, fees. The Lieutenant-Governor, by and with the adviijp and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. No person whosoever making any distress for rent, nor any person whosoever employed in any manner in making such distress, or doing any act whatsoever in the course of such distress, or for carrying the same into effect, shall have, take or receive, out of the proceeds of the goods and chattels distrained upgn 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 hereunto annexed, »ii.; ;i.i.i.lic-ib)e to each proceeding, which shall, have been taken in the course of such distress, and no person or per- sons whosoever shall make any charge whatsoever 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. 3. No person whosoever, making any seizure under the authority of any chattel mortgage, bill of sale or any other extra-judicial process whatsoever, nor* any person whoso- ever, employed in any manner in making such seizure or doing any act whatsoever in the course of such seizure, or for carrying thb same into effect, shall liave, take or receive out of the proceeds of the goods and chattels seized and sold from the person s^ainst whom the seizure may be directed, or from any other person whomsoever, any other or more costs and charges for Costs oj Distress. 297 and in respect of snch seizure, or any matter or thing done therein or thereunder than such as are fixed in the Schedule hereunto annexed and applicable to each act, which shall have been done in course of such seizure, aiid 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 heen really per- formed or done. 3. If any person making any distress or seizure I'eferred to in Sections one and two of this Ordinance shall take or re- ceive any other or greater costs than are set down in the said Schedule or make any charge whatsoever for any act maimer or thing mentione.l in the said Schedule and not really performed or done, the party ag- grieved may cause the party making the said distress or seizure to be summoned before the Supreme Court of the Julicial District, in which the o-oods and chattels distrained upon or seized or some portion thereof lie, and the said Court may order the party, making the distress or seizure, to pay to tlie party aggrieved treble the amount of the moneys taken conti'ary to the provisions of this Ordinance and the costs of suit. SCHEDULE. 1. Levying distress $1.00 2 Man in possession, per day 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 doUar for each additional $500. or f i action thereof, up to 12,000, and one half p r cant, on all sums ovei- that amount. 4. All reasonable and necessary disbursements for adveriishig. 6- Catalogue, sale, commission and delivery of goods, three per cent, on the net proceeds of the goods up to $1,000, and IJ per cent, thereafter. 298 JJistreiss for Interest upon Mortgages. CHAPTER 53. AN ORDINANCE RESPECTING DISTRESS FOR INTEREST UPON MORTGAGES. Right of Mortgagee to distrain limited, s. 1. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows : — I. The right of mortgagees to distrain for interest' due upon mortgages shall be limited to the goods and chattels of the mortgagor only, and as to such goods and chattels, only such as are not exempt from seizure under execution. Real Property Held by Two or More Persons. 299 CHAPTER 54, AN QRDI^JANCE TO DECLARE THE LAW RES- PECTING REAL PROPERTY HELD BY TWO OR MORE PERSONS. Grantees in certain cases to take as tenants in common, s. 1. The Lieutenant-Governor, by and with the advice and conggnt of the Legislative Assembly of the Territories, en- acts as follows : !• Whenever by any letters patent, conveyance, assur- ance, will or other assignment, land is granted, conveyed or devised to two or more persons, other than executors or trustees, in fee simple or for any less estate, legal or equit- able, 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, conveyance, assurance, will or other assignment, that they take as joint tenants. 300 Fersons Killed by Accidents. CHAPTEE 55. AN ORDINANCE RESPECTING COMPENSATION TO THE FAMILIES OF PERSONS KILLED BY ACCIDENTS. Interpretation, s. 1. 1 For whose benefit action may be Who may maintain action for dam- brought, s. 3. ages, s. 2. Limitations, s. 4. 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 Ordinance the meanings hereby assigned to them res- pectively, so far as such meanings are not excluded by the context or by the nature of the subject matter : — (L) " Parent " shall include father, mother, grandfather, grand-mother, step-father, step-mother and (2.) " Child " shall include son, daughter, grandson, grand- daughter, step-son and step-daughter. Z. Whenever the death of a person has been caused by such wrongful act, neglect or default, as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the person, who would have been liable, if death had not ensued, shall be liable to an action for damages, notwith- standing the death of the person injured. 3. Every such action shall be ,f or the benefit of the wife, 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 de- ceased, 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. Persons Killed by Accidents. 301 ■ 4. Not more than one action shall lie for and in respect of the same subject matter of complaint, and every such action shall be commenced within twelve months after the death of the deceased person. 302 Li'initaiwThs of A(iti)ii.s in Q'ertain Canefi. CHAPTER 56. AN ORDINANCE RESPECTING LIMITATION OF ACTIONS IN CERTAIN CASES. Limitation of certain actions, s. 1. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. All actions for recovery of merchants' accounts, bills, notes, and all actions of debt gi-ounded upon any binding or other contract, without speciality, shall be commenced and sued within six years after the cause of such action arose. Office oj Sheriff. 30:3 CHAPTER 57. AN ORDIlsrANCE RESPECTING THE OFFICE OF SHERIFF, Office hours, s. 1. Duties, ss. 2, 3. Books, s. 4, 5, 6. Effect of death or removal, ss. 7, 8, 9. Liability of sureties, ss. 10 to 16, incl. Sheriff or his officers not to pum. chase at sales, s. 17. Penalty, ss. 18, 19. Procedure when Sheriff' or Deputy refuses to act, s. 20. In case of death or removal, etc., Deputy to act, s. 21. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : 1. It shall be the duty of every 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. 'i. Every Sheriff shall make a return, on the first day of the months of January and July in each year, verified on oath before a Judge, to the Lieutenant-Governor, showing the emoluments of his office during the six months next pre- ceding. 3. The Sheriff shall keep in his office, open to the inspec- tion of any person, the following books, namely : (1.) Process Books — in which shall be entered a -memor- and.um of every process, other than writs of execution, or writs in the nature of writs of execution, received by the Sherifi" the Court out of which the same issued, the date of the receipt, the nature of the process, the names of the par- ties 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 ; (2.) Execution books, for goods and lands respectively.in which shall be entered a memorandum of every writ of ex- ecution, or writ in the nature of a writ of execution, the Court out of which the same issued, the names of the parties 304 Office of Sheriff. 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 (3.) A cash book, in which shall be entered all cash received or paid away by the Sheriff in his official capacity, or in connection with his office, for any service whatever — for fees, poundage, service of process and papers, attend- ance at Courts, moneys levied under execution, or under writs in the nature of writs of execution, or otherwise, the date, of the receipt or payment, the cause, matter or service in which, or on account of which, the same was re- ceived or paid away. (4.) And a seal of office. 4. The said books and seal shall be supplied out of the General Fund of the Territories. n 5. All books, accounts, records, papers, writs, warrants, process, moneys and other uiatteis and things in the posses- sion or unde]' the control of any Shei'iif, by virtue of, or ap- pertaining to his office as Sheriff', thall 1 e the property cf the Government of the Territories, and the same and every of them shall, immediately upon the resignation, removal from office or death of any such Sheiiff, 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 Lieutenant-Governor may appoint to receive the same. 6. No person except the successor in office of the Sheriff so resigning, being removed or dying, or the per'Son so to be appointed by the Lieutenant-Governor 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 afore- said shall forthwith on demand deliver oveV the s me and every of them to the said succeeding Sheriff or to the per- son so to be appointed as aforesaid ; and upon any such per- son 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 one hundred dollars. 1. The Sheriff, after resigning office, or removal from office, or his heirs, executors or administrators, shall or may, Office of Sheriff. 305 at auy and at all time oi- times thereafter liave the right and be at liberty to hav(? access to, search and examine into any or all accounts, books, pape-s, warrants and process of whatever kind, and all other matters or things which wer« forinerly in 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 a^e in the posSLVssion or control of the succeeding Sheriff, free of all costs, charges and expenses. 8. In case of the death, resignation or removal of th* Sheriff, or of any Deputy, where there is no Sheriff, after h« has made a sale of lands but before he has made a deed of conveyance of tlie same to the purchaser, such deed of coa- ve\'aiice sh.ill be m;vde to the purchase)- by the Sheriff, or the J^epufcy Sheriff, who is in office acting as Sheriff as aforesaid, at the time when the deed of conveyance is made. t^. If the Sheiitf goes out of office during the currency of any writ of e.Kefu'ioa against lands, and before the .sale, such writ shall be executed and the sale and conveyance of the lauils be made by liis successor in office, and not by the old Sheriff 1®. The sureties of the Sheriff shall be liable to indemnify the party or parties to any legal pi'oceedings against any omission or default of the Sheritfin not p;iying over monej'-s received by him, and against any damage .sustained by any such party or parties in consequence of the Sheriff's wilful or neglectful misconduct in his office, and the Sheriff shall be joint defendant in any action to be brought upon the covea- ant or security given by the Sheriff. • 1 1. Any person sustaining any damage, by reason of any such default or misconduct of any Sheriff, may bring and maintain an action upon the said covenant or security for such default or misconduct, and such action shall not he barred by reason of any prior recovery by the same party upon the covenant, or security of any judgment rendered for the defendant in any prior action upon the same eovea- ant, 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. i©6 Office of sheriff. ... 13. If upon the trial of any ac':io-i upon any such coven- ajat o;.' security, it is made to appear that tlie plaintiff is entitled.. to recover, and that the itmouut, which such surety 6as paid or become liable to pay, as hereinafter mentioned, ■is not equal to the full amount for which he became surety, ihe Coui't, after deducting- from dich fall amount the sums which he has so paid or become liable to pay, as aforesaid, sliall reader judgment against him for any sum not exceed- ing' the balance of the sum for which he became surety. i 3. Where any such surety actually and hona fide, and of his own proper moneys and effects, has paid or become liable, by-, virtue of a judgment or judgments recovered against Earn, upon his said covenant or security, to pay an amount eqval to the amount specified on the said covenant or se- curity, 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. 1 4. It shall be competent for the Supreme Court, or a Judge 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 pro- eeedings or otherwise, to prevent 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. 1 5. Upon every writ of execution, under a judgment re- covered on such covenant or security, the plaintiff or his attor- Hey shall,by an endorsement on the writ.direct the Coroner or other officer charged with the execution of such writ to levy the adiount 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 of 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 judg- ment on any such covenant or security. 16. Notwithstanding a Sheriff' may have forfeited his fa^ce and become liable to be removed therefrom, the Bability of himself and his sureties shall remain, until a new Sheriff" has been appointed and sworn into office. Office of Sheriff. .S07 11. No Sheriff, Deputy Sheriff, BaiM'or Constable, shall directly or indirectly purchase any goods or chattels, lands, or tenements, by him exposed to sale under execution. 18. If any Bailiff or Constable entrusted with the execu- tion of any writ, warrant, process, mesne or final, wilfully misconducts himself in the execution of the same, or wilful- ly makes any false return to such writ, warrant or process, unless by the consent of the party in whose favor the pro- cess issued, he shall answer in damages to any party aggrieved by such misconduct or false return. 1 9. Every Deputy Sheriff, Bailiff or other Sheriff's Officer or Clerk, entrusted with the custody of any writ or process, or of any book, paper or document belonging to the said Sheriff or his office, shall, upon demand upon 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 afore- said, the party so neglecting or refusing may be required by an order of the Supreme Court, or of any Judge of siich Court, to return and restore such writ, process, book, paper or document .to such Sheriff, and may be further proceeded against by attachment, as in other cases of contumacy to orders or rules of Court. 20. If any Deputy Sheriff, Bailiff, or Sheriff's Officer shaU have in his possession, custody or control, any writ of sum- mons, fieri facias, or other writ, or any bench warrant or process whatsoever, 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 en- titled to the possession of the same, may proceed _ by_ .sum- mons 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 the discretion of the Judge aforesaid. •^1. In case a Sheriff dies, resigns his office, and his resign 308 Offi.ce of Sheriff. nation is accepted, or is removed therefrom, the Deputy Sheriff by him appointed shall nevertheless continue the office of Sheriff, and execute the same and all things belong- ing thereto in the name of the Sheriff so dying, resigning or being removed, until another Sheriff has been appoin,ted "and sworn into office ; and the said Deputy Sheriff shall be an- swerable for the execution of the said office in all respects and to all intents and purposes whatsoever, during such interval as the Sheriff so dying, resigning, oi- having heen removed would hy law have been, if he had been living or continuing in office, and the security given to the Sheriff so deceased, resigning or being i-emoved, by his said Deputy Sheriff, and his pledges, as well as the security given by the said Sheriff shall remain and be a security to the Queen, Her Heirs and Successors, and to all persons whatsoever, for the due and faithful performance of the duties of his otEce during such interval by the said Deputy Sheriff Civil Jujiti ire. 30f) CHAPTER 58. AN ORDINANCE RESPECTING THE ADMINISTRA- TION OF CIVIL JUSTICE. Note.— The memorfindum at the end of sections, wherever to bo found, is in- tended to iiidici'te the souri e from which the provisions therein expressed hayo been transcribed or adopted: "S "o'®^'''"* "^'^ "^^ -I'^nglish Judicature Rules of 1883. . So''-'- "f*^'" 'o th*" Revised Statutes of Ontario, 1887. ■R.S.M. refers to the Revised Statutes of Manitoba. Title, s. 1. Interpreta'i"!! of terms, a. 2. JurisdLc'ion, ss. 3 to 7, incl. Rules of 'La.vf, ss H, 9. Security . .f Clerk and Sherifl", ss. 10 t . 13, incl. Oath of ofiice, s. 14. Vacancy Clerk's Office, how filled, s. 15. .Clerk's duties, s. 16. ' Procedure, st. 17 to 31, incl. Parties, ss. 32 1. > 42, incl. Paitiiers, ss 43, 4^. Persons under disability, s. 45. Third party proceduie, ss. 46 to 48, inol- Change of parlies, ss. 49ti.52, incl. Joinder of causes for action, s. 53. Plea.iing generally, ss. 54 to 126, incl. Setting down for trial and trial, ss. 127 to 130, inc!. Decla'ation of right may be sought, y s. 131. Plaintiff may discontinue, s. 132. Withdrawing trial, s. 133. Defendant's costs, s. 134. Subsequent costs, s. 135. Amendment, ss 136 to 143, incl. Disc'iveiy and inspection, ss. 144 to 153, incl. Admission-!, ss. 154 to 159, incl. Issues, enquiries, and accounts, ss. 160 to 167, incl. Sp-ciil case, ss. 163 to 171, incl. Pfoce.)dings at trial, ss. 172 to 179, incl. Inquiry and reference as to dama- ges, ss. 180, 181. Evidence generally, ss. 182 to 184, iuol. Examination of witnesses, ss. 185 to 205, incl Subpoena, ss 206 to 208, incl. Pel petuating testimony, ss. 209 to 211, incl. Foreign judgment, s. 212. Affid-iviis and dep"sitioiis, as. 213 to 236, incl. Motion for judgment, ss. 237 to 244, incl Judgment and entiy of judgmpnt, ss 215 to 253, incl. Execution, ss 254 to 300, incl. Discovery in aid of execution, ss. 301 tn 304, incl. Oarnishment, ss. 305 t'i312, incl. Ord-r f 'r inteiim preservation, s. 313. Sale of perishable goods, s. 314. Order for' preservation or inspec- tion, s. 815. Inspection, s. 316. Amount of lien — payment into Court, s 317. Appropriation of income, s. 318. Conduct I 'f sale, s. 319. Injunction, ss. 320, 321. Receivers, ss, 322 to 326, incl. Attachment, ss. 327 to 335, incl. Replevin, ss. 336 to 340, incl. Interpleader, ss. 341 to 356, incl. Lunatics, ss, 357 to 371, incl. 310 ICivil Justice. Guardianship of infants, ss. 372 to 381, incl. Custody of infants, ss. 382 to 385, incl. Estate of infants, ss. 386 to 394, incl. Probate, ss. 395 to 401, incl Motions and other applications, ss. 402 til 410, incl. Mandamus, ss. 411 to 414, incl. Proceedings at Chambers, ss. 415 to 431, incl. Court in Bano, ss. 432 to 449, incl. Costs, ss. 450 to 456, incl. Fees, ss. 457 tn 466, incl. Forms, s. 467. Actions against public officers, .p. 468. Sales of real estate, s. 469. Jj Alias and concurrent writs, s. 470. Commissioners fortaking affidavits, ss. 471, 472. Priicess issuers, s. 473. Laws of evidence, s. 474. Minors, s. 475. Sittings adjourned," s. 476. Service (jf pleading, etc., ss. 477, 478: Procedure in cases not provided, «. 479. Biiok and forms, s. 480. Record of foimer Courts, ss. 481, 482. Vacation, sa. 483, 484. The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, en- acts as follows : SHORT TITLE. t. This Ordinance may be cited as " The Judicature Or- dinance." INTERPRETATION OB' TERMS. 3. In the construction of this Ordinance, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the meaning following : (1.) " Cause" includes any action, suit, or other original proceeding between a plaintiff and a defendant. (2.) "Action" includes suit and means a civil proceeding commenced by writ, or in such other manner as may be pre- scribed ' )y this Ordinance ; (3.) ' Ylatter '' includes every proceeding in the Court not in a ca' se ; (4.) "Originating Summons" means a summons by which proceedings are commenced without writ ; (.5p_ " Plaintiff,'; "Petitioner," " Defendant," " Party," "Per- son," include bodies politic or corporate holding the relations of plaintiff, defendant or party ; (6.) "Receiver" includes consignee or manager appointed hy or under an order of the court ; Civil Judice. 311 (7.) "Sherifi"" includes deputy-sheriff', duly-appointi?d' bailitfs,_ coroner, and other person discharging the duties d' sheriff" in the particular case, or for the time being.; (8.) " Pleading " includes any petition or summons, asoA shall also include the statement in writing of the claim <»• demand of any plaintiff", and of the defence of any defcB-' dant thereto, and of the reply of the plaintiff' to any couuter' claim of a defendant; (9.) " Judgment " includes decree ; (10.) " Order " includes rule. JURISDICTION. 3. The jurisdiction of the Supreme Court of the Norti- West Territories shall be exei'cised, so far as regai'ds ,pr«- ■ cedure and practice, in the manner provided by this Ordin- ance, and, where no special provisi*i is contained in this. Ordinance, it shall be exercised as nearly as may be as ia the High Court of Justice in England. 4. Suits shall be entered, and, unless otherwise ordei-ed, tried in the Court holden in the judicial district where the cause of action arose, or in which the defendant, or one oi" several defendants, resides oi- cai'i-ies on business at the time the action is brought. ■ 5. A Judge sitting in Chambers, if he shall announce that he is sitting in Court, shall have, possess, exeicise and enjoy all the powers and authorities, lights, privileges, immunities and incidents of the said Court, and any judgment given w decision or determination, or lule, order or decree made by Lim while so sitting as aforesaid, in respect of any matler lawfully brought befoie him, shall be subject to the p]-o\i- sions in this Ordinance relating to appeal to the Ccaiit in Banc. (R. S. M. p. 43G.) %. In e^•ery case in which the Court has authoiity to order the execution of a deed of convfeyance, ti'ansfer or assignment of any property, real oi- personal, the Couit may by order vest such real or personal estate in such person or persons, and in such manner, and foi- such estates, as would be done by any such deed, conveyance, assignment or trans- fer, if executed ; and thereupon the order shall ha\-e tlie same efl'ect as if the legal or other estate or interest in the 312 OiuU Jvbdici I roperty had Leon actually convej^ed, by deed or otherwise, hv the samy estate or interest, to tlie persi.n in whom the same is so ordered to be vested, or in the case of a vhosii. in adwv, as if such ehosf in. act'wn had been actually assigned to such la.st ineiiti(;r.t'd pcr.'M-ij, (R. S. 0., p. 453.) 1. The SupreuiL Couit, presided over by a single Judge, for the transaction of the business of the Court, may sit and act at any time and place in each Judicial District, as the Judge usually exercising the juribdiclion of the Court within such district aj points. (R. S..M., p. 436.) fiULES oy LAW. 8o In every civil ear.pc or matter c( iiimenced in the Supreme Couit, law and equity shall le administered by such Court according to the i'c,l](A\ing lules : (C, -^2.) (1.) If any plaintitF o]*petitioner claims to be entitled to aiiy equitable estate or right, or to relief upon any equitable ground, against ran' deed, instiument or contract, or against any right, title o)- claiui whatsoever, asserted by any defen- dant or respondent in such cause or raattei-, or to any relief founded iq_'On a legul right, the Court shall give to such plaintilf or petitioner such relief as would be given by the High Court of Justice in Ejiglaiid in a suit or proceeding for tlic same or a like purpose. (O., 52.) ('!.) If any defendant claiii;s to be entitled to any equit- aijle estate or right, <.x to relief upon saij equitable ground against any deed, instrument or contiact, or against any right, title or claim, asscrtei' :y any plaintiii' or } eti- tioncj in sucli cause i.r n^atter, the said Su[ rtme Ccuit and e^"ery Judge the) . Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorized by the Judpe to defend in such cause or matter, on behalf or for the benefit of all persons so interested. [E. I'M.] 40. In cases where the statement of claim is for an ac- count oi' involves the taking of an accovint, if the defendant either fails to appear, or does not after appearance satisfy the Judge that there is some preliminaiy question to be tried, the plaintiff may obtain an order directing the taking of proper accounts ; and if the plaintiff sues or the defend- ant is sued in a representative capacity, the statement of claim shall show in what capacity the plaintiff or defendant sues or is sued ; and in cases in which the plaintiff in the first instance desires to- have an ai-count taken, the state- ment of claim shall request the same. [E, 121.] 41. No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Judge may in every cause or mattei' deal with the matter in controversy so far as regards the rights and interests of the parties actu- ally before him. The Judge may, at any stage of the pro- ceedings, either upon or without the application of either party, and on such terms as may appear just, order that the names of any parties improperly joined, whether as plaintiffs or defer^dants be sti'uck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence in the cause may be necess- ary in order to enal)le the Judge effectually and completely to 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 pro- ceedings as against such party shall be deemed to have be- gun only on the service of such summons or notice. [E.138.] 42. Any application to add to or strike out or substitute Civil Justice. 325 a plaintiff or defendant may be made to the Judge at any time before trial, on motion supported by affidavit, or at the trial of the action, in a summary manner. [E. 134.] PARTNERS. 43. Any two or more persons claiming or being liable as co-partners may sue or be sued in the name of the respec- tive firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action ; and on ap- plication of any party to an action the Judge may order a statement of the names of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner and verified on oath or otherwise, as may be thought proper. Provided that, in the case of a co-partnership which has been dis- solved, to the knowledge of the plaintiff, before the com- mencernent of the action, the writ of summons shall be served upon every person sought to be made liable. [E. 136.] 44. 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. 137.] PERSONS UNDER DISABILITY. 45. Infants, lunatics, and persons of unsound mind, may sue as plaintiffs, by Guardians appointed by the Judge on application made to him for the purpose, and may defend any action in like manner. [E. 138.] THIRD PARTY PROCEDURE. 46. Where a defendant is, or claims to be, entitled to contribution or indemnity, or any other remedy or relief, over against any other person, or where from any cause it appears to the Judge that a question should be determined, not only as between the plaintiff and defendant, but as be- tween the plaintiff", defendant and any other person, or be- tween any or either of them, the Judge may, on notice being given to such last-mentioned person, make such order as may be proper for having the question so 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. [R 170.] 326 Civil Justice. 41. Where under the next preceding section, it is made to appear to the Judge at any time before or at the trial, that a question in the action should be determined, not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and any other person, or between any or either of them, the Judge, before or at the time of making the order for having such question deter- mined, may direct such notice to be given by such person, in such manner, at such time and to such person, as may be thought proper ; and if made at the trial, the Judge may postpone the trial on such terms as he may think fit. [0. 109.] 48. A plaintiff is not to be unnecessarily delayed in re- covering his claim by reason of the questions between de- fendants in which the plaintiff is not concerned ; and the Judge is to give such direction as may be necessary to pre- vent such delay of the plaintiff, where this can be done, on terms or otherwise, without injustice to the defendants. [O. 112.] CHANGE OF PARTIES BY DEATH. 49 . A cause or matter shall not become abated by reason of the marriage, death or insolvency of any of the parties, if the cause of action survive or continue, and shall not be- come defective 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 rea- son of the death of either party between the verdict or finding of the issues of fact and the judgment ; but judg- ment may in such case be entered, notwithstanding the death. [E. 178.] 50. n case of the marriage, death or assignment, or devolu on of the estate by operation of law, of any party to a cause 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, and 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.] Oivil Justice. 327 5 1 . "Where hy reason of marriage, death or assignment, or any other events occurring after the commencement of a cause or matter, and causing a change or transmission of interest ot liability, or by reason of any person interested coming into existence after the commencement of the cause or matter, it becomes necessaiy < ir desirable that any person not already a party should be made a party, or that any person not already a party should be made a party, in an- other capacity, the judge may order that the proceedings shall be carried on between the continuing parties, and such new party or parties, in such .inanner and on such terms as may be thought proper. [E. 181.] 53. When the plaintiff or defendant in a cause or matter dies, and the cause of action survives, but the person en- titled to proceed fails to proceed, on application of the- de- fendant (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 periotl, 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 con- tinued. [E. 195.] JOINDER. OF CAUSES OF ACTION. 53. A plaintiff may unite in the same action several causes of action ; but if it appears to the Judge that any such causes of action cannot be conveniently tried or dis- posed of together, he may order separate trials of any such causes of action to be had or 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 ex- cluded, and consequential amendments to be made. [E. 188 and 196.] PLEADING GENERALLY. 54. At any time before the return of the Writ of Sum- mons, or afterwards, and before the plaintiff has taken any 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 328 Civil Justice. office of the Clerk whence the writ of summons issue 1, and wifcliin six days thereafter or such further time as may by order of the Judge be allowed for the pui'pose, file in the Clerk's office a plain statement in writing showing the ground upon which the plaintiffs claim i-; contested either wholly ox in part and serve on the plaintiff or his advocate or at the address supplied by the plaintiff when obtaining a writ of summons, a copy of such statement of defence. 55. Upon or with every appearance, when entered, a memorandum, in writing, shall be endorsed or attached, giv- ing the defendant's address or the address of his advocate, if he defends by advocate ; and, if the defendant or his ad- vocate resides over three miles from the Clerk's office, nam- ing an address within three miles of the Clerk's office, where documents in the suit requiring service upon him may be left, such place to be known and designated as his " address for service." [E. 80.] 5(t. If such address be not supplied, papers requiring service upon a defendant appearing may be posted up in the Clerk's office, and such posting shall be deemed "good service." But if an address be supplied and such address be illusory or fictitious, the Judge, on the application of the plaintiff, may by order, direct the manner in which such papers shall be served. [E. 82.] 5T. A defendant before appearing shall be at liberty to a^ply to the Judge on notice to the plaintiff or his advocate or at his " address for service " lodged with the Clerk to set aside the .service of the writ upon liim, or to discharge the order for substitutional service. [E. 100.] 58. Any person not named as a defendant in a writ of summons in an action for the recovery of the pojsession of land, may, by leave of the Judge, appear and defend, on filing an affidavit, showing that lie is in possession of the land either by himself or by his tenant. [E. 95.] 59. Any person appearing to defend an action for the re- covery of the possession of land as landlord, in respect of p-operty whereof he is in possession only by his tenant, ^all state in his appearance that he appears as landlord. [E. 96.] Civil Justice. 329 GO. 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 Ordinance in respect of defendants appearing and defending, and in all subsequent proceedings be named as a party defendant. [E. 97.] CI. 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 appearance, and an appearance where the defence is not limited, as above mentioned, shall be deemed an appear- ance- to defend for the whole. [E. 9.S.] 63. Where in an action there are more than one defend- ant, 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 either order the striking out any one or more of the defendants who has or have ap- peared on payment of costs or otherwise as may be con- sidered just, and allowing the plaintiff to proceed with his action against the defendant or defendants who has or have not appeared, or may order the action to stand as against the non-appearing defendant or defendants while or until the issues raised between the plaintiff and defendant or de- fendants who has or have appeared be determined ; or the Judge may order that the plaintiff be allowed to enter final judgment against the defendants who have not appeared, with or without proof of his claim, as may be considered proper, and to issue execution on such judgment without prejudice to the right of the plaintiff to proceed with the action against those defendants who have appeared. [E. 104 in part.] 63. When any defendant fails to appear to a writ of sum- mons, and the plaintiff is desirous of proceeding upon de- fault of appearance, he shall, before taking such proceeding upon default, file the original writ with an affidavit of ser- vice or of compliance with any order for substitutional ser- vice, as the case may be. [E. 102.] 64. Where the plaintiff's claim is for a debt or liquidated demand and the defendant fails, or all the defendants, if 330 Civil Justice. more than one, fail to appear thereto, the plaintiff may after the time limited for appearance has elapsed, enter final judgment for any sum not exceeding the sum claimed in the action, together with legal interest and costs of suit. [E. 103.] 65. Where the plaintiffs claim is for detention of goods and pecuniary damages, or either of them, and the defend- ant fails, or all the defendants if more than one, fail to ap- pear, on application of the jolaintiff, the Judge may order that the value or arnount of damages, or either of them, shall he ascertained in any •\Aay he may direct, and judg- ment entcied thereupon with costs of suit. [E. 105.] 6i». When the plaintiff's claim is, as in the last preceding section mentioned, and there are several defendants, of whom one or more appear to the writ, and another or others of them fail to appear, on application of the plaintiff, the Judge may direct that the value of the goods and the damages, or either of them, as the case may be, may be assessed, as against the defendant or defendants failing to appear, at the same time as that of the trial of the action or issue therein against the other defendant or defendants. [E. 106 in part.] m. Where in an action there are several defendants, of whom one or more have been served, and another or others of them have not, the Court or Judge may order the strik- ing out of the 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. 68. 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 a Judge. [E. 276.] 69. No pleading subsequent to reply, other than a joinder of issue, 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.] 70. Subject to the last preceding section, every pleading Civil Justice. 331 subsequent to reply shall be delivered within eight days after the delivery of the previous pleading, unless the time shall he extended by the Court or a Judge. [E. 287.] 1 1 . If the plaintiff does not deliver a reply or any party does not deliver any subsequent pleading within 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 it issue. [E. 306.] 73. 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 section, the pleadings between such parties shall be deemed to be closed. [E. 280.] T3. When the plaintiiF'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 appear to the writ, the plaintiff may enter final judgment for the debt or liquidated demand, interest and costs against the defen- dant or defendants failing to appear, and proceed as men- tioned in such of the preceding sections as may be appli- cable. [E. 107.] 74. In case no appearance shall be entered in an action for the recovery of land, within the time limited for appear- ance, or if an appearance be entered but the defence be lim- ited 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 which the defence does not apply, with or without costs, as the Judge may order. [E. 108.] ■ T5. When the plaintiff's statement of claim is for mesne profits, 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 section mentioned, for the land ; and may proceed as in the other preceding sections mentioned, as to such other 'claim. [E. 109.] 76. Any order made by the Judge under the two last 332 Civil Justice. preceding sections, and any judgment entered pursuant to such order may be set aside or varied by the Judge or the Court upon such terms as may be just. [E. 110.] 77. Where the action is in respect of a mortgage, lion or charge and the plaintiff claims foreclosure or sale or redemp- tion, or where the action is for the administration of an estate. or partition, the plaintiff, if the defendant does not ' appear, shall be entitled to such a judgment upon such evi- dence as the Judge may order. [N. S. 11 & 12.] 18. Any judgment entered upon default of appearance may be set aside or varied by the Court or Judge, upon such terms as may be just. 1!). Where the action is brought to recover a debt or a liquidated demand, and the defendant or one or more of the defendants, if there are several defendants, has or have ap- peared, the plaintiff, or one of the plaintiffs, if more than one, on affidavit of himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed (if any) and stating that, in his belief, there is no defence to the action, apply to the Judge to strike out the appearance so entered and for leave to enter final judg- ment for the amount of the claim or the amount so verified as due the plaintiff and costs ; and the Judge may there- upon, unless the defendant by affidavit 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 striking out the appearance and defence so entered and filed, and directing the entry of judgment accordingly. [E. 115 in part.] 80. The application by the plaintiff under the last pre- ceding section shall be by summons returnable on a day named therein. A copy of the summons and copies of affidavits and exhibits referred to therein shall be served at least four clear days before the summons is returnable. 81. The defendant may show cause against such applica- tion by affidavits 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 Civil Justice. 333 to part only, and if so, what part of the plaintiffs claim, and the Judge may, if he thinks ht, order the defendant or who- ever 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.] H'i. If it appears that the defence set up hy the defend- ant applies only to a part of the plaintiff's claim, or that any part of the plaintiffs claim is admitted, the plaintiff may have judgment forthwith 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 plaintiffs claim. [E. 1 18.] 83. If it appears to the Judge that any defendant has a good defence or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend and the plaintiff shall be entitled to have final judgment against the latter, and have execution thereon without prejudice to his right to proceed with his action against the former. [E. 119. 84. Leave to defend may be given unconditionally or subject to such terms as to giving security or time and mode of trial or otherwise as the Judge may think fit. [E. 120.] 85. Every statement of claim or defence shall contain and contain only, a statement in a summary form of the material facts on which the party relies for his claim or de- fence, as the case may be, but Jiot the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively. Dates, sums and numbers shall be expressed in figures, and not in words. [E. 200.] 8G. A defendant in an action may set off, or set up, by way of counter-claim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counter-claim shall have the same effect as a cross-action, so as to enable the Judo-e to pronounce a final judgment in the same action, 834 Civil Justice. both on the original and cross-claim. But the Judge may, on application of the plaintiff before trial, if in his opiaion such set-off or counter-claim cannot be conveniently dis- posed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof; and, in any case in which the defendant sets up a counter- claim, the action of the plaintiff is stayed, discontinued, or dismissed, the counter-claim may nevertheless be proceeded with. [E. 199 and 249.] 87. Where a counter-claim is pleaded, a reply thereto shall be subject to the rules applicable to statements of defence. [E. 279.] 88. 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.] 8J). Nothing 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 othei' 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.] 9©. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by neces- sary implication, or stated to be not admitted in the plead- ing 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.] 9 1 . Any condition precedent, the pierf ormance or occur- rence of which is intended to be contested, shall be distinct- ly specified in his pleading by the plaintiff or defendant (as the case may be); and subject thereto an averment of the performance or occurrence of all conditions precedent neces- sary for the case of the plaintiff or defendant shall be im- plied in his pleading. [E. 210.] GiwU Justice. 335 93. The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the action or counter-claim 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 sur- prise, or would raise issues o? fact not arising out of the preceding pleadings. [E. 211.] 93. No 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.] 94.It shall not be sufficient for a defendant in his state- ment of defence to deny generally the grounds alleged by the plaintiff's statement of claim, or for the plaintiff in hia reply to deny generally the grounds alleged in a defence by way of counter-claim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages. [E. 213.] 95. When a party in a pleading denies^ an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus if it is alleged that he received a certain sum of money, it shaU. not be sufficient to deny that he received that particu- lar 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 circum- stances. [E. 215.] 96. When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial of fact of the express contract, 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 con- tract, promise, or agreement, whether with reference to the statute of frauds or otherwise. [E. 216.] 9T. Whenever the contents of any documents are mater- ial, it shall be sufficient in any pleading to state the effect 336 Givil Justice. ,1 thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the docu- ments of any part the)-eof are material. [E. 217.] !>8. Whenever it is material to allege malice, fraudulent intention, knowledge, or other conditioti of the mind of any 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.] 5)9. Whenever it is material to allege notice to any per- son of any fact, matter, or thing, it ushall be sufficient to al- leo-e such 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, be material. [E. 2] 9.] 105>. Whenever any contract, or any relation between any persons is to be implied from a series of letters or con- versations, 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 cir- cumstances, without setting them out in detail ; and if in such case the person so pleading desires to rely in the al- ternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in alternative. [E. 220.] 101. Neither party need, in any pleading, allege any matter of fact which the law presumes in his favor, or as to which the burden of proof lies upon the other side, unless the same has first been specificially denied. [E. 22] .] 803. No technical objection shall be raised to any plead- ing on the ground of any alleged want of form. [E. 222.] 103. The Judge may at any _ stage of the pi-oceedings order to be struck out or amended any matter in any state- ment or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarass or delay the fair trial of the action with or without costs to be fixed by him and paid by the party so offending. [E. 223.] 104. In cases of any action founded upon a bill of ex- change or other negotiable instrument, the Judge may order L!%vii Just%ce. 337 that the loss of such instrument shall not be set up ; pro- vided such indemnity as he approves of is given against the claims of any other person upon such negotiable instrument [N. i. 191,] 105. When a cause may have been set down for trial, such notice shall be given as the order of setting down directs. X 106. Every statement, or pleading, may be either printed or written, or partly written and partly printed. [E. 205.] - PAYMENTS INTO, AND OUT OF COURT, AND TENDEB. lO'J. Where any action is brought to recover a debt or damages, any defendant may, before or at the time of de- livering his defence, or at any later time by leave of the Judge, pay into court a sum of money by way of satisfac- tion, which shall be taken to admit the claim or cause of action in respect of which the payment is made. [E. 255.] 1 08. Payment into court shall be signified in the defence^ and the claim or cause of action in satisfaction of which such payment is made shall be specified therein. [E. 256.] 100. With a defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into court. [E. 257.] 110, When payment into court is made before the de- livery of the defence ; or when the liability of th« defend- ant, 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 ; or when such payment 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 Judge shall otherwise order. [E. 259.] 111. When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into court has been made, is denied in the defence, the fol- lowing rules shall apply : (1.) The plaintifi" may accept, in satisfaction of the claim 338 fJiiil Justice. or- cause ''of action in respect of which the payment into Ocnirt has been made, the sums so paid in ; in which case he shall be; entitled to have the money paid out to him as hereinafter provided, notwithstanding the defendant's denial of .liability, wheieupon all further proceedings, in respect of such claim or cause of action, except as to costs, shall be stayed ; or the plaintiff' may lefuse to accept the money in ■Btisf atetioh,' and'reply accordingly ; in which case the money stall remain in Court, subject to the provisions hereinafter Mientioned ; (2.) If the plaintiff accepts the money so paid in, he shall be entitled to have the money paid out to himself on request or to his advocate, on the pJaintift's written authority, un- less the Judge shall otherwise order ; (3.)lf the plaintiff does not 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, but proceeds with the action in respect of such claim or cause of action, or any part thereof, the money shall remain in Court 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 claim or cause of action, or any part thereof, and recovers less than the amount paid into Court, the amount paid 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 suc- ceeds in respect of such claim or cause of action, the whole amount shall, under such order, be repaid to him. [E. 260.] 112. The plaintifi' when payment into Court is made before deli\ery of defence, may accept in satisfaction of the derim or cause of action in respect of M'hich such payment faas been made, the sum so paid in, in which case he shall give notice to the defendant of such acceptance, and shall' be at liberty, in case the entire claim or cause of action is tiiereby satisfied, to tax his costs, after the expiration of foui' days fi-om the service of such notice, unless the Judge riiall otherwdse order ; and in case of non-payment of such aosts, to have judgments and executions for his costs so texed in the ordinary way. [E. 261.] 113. Where money is paid into Court in two or more ftdfons which are consolidated, and the plaintiff proceeds to UivU Jiistice. 339 trial in one, and fails, the money paid in, and the costs in all the actions, shall be dealt with in the same manner as in the action tried. [E. 262.] 1 S4. A plaintiff may, in answer to a counter-claim, pay money 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.] 1 fi 5. Money paid into Court under an order of a Judge, shall not be paid out of Court e.Tcept in pursuance of a Judge's order : provided that, where before the delivery of defence money has been paid into Court by the defendant pursuant to a Judge's order; he may, unless the Judge shall otherwise order, by his pleading appropriate the whole or any part of such money, and any additional payment, if necessary, to the whole or any specified portion of the plaintiffs claim ; and the money so appropriated shall thereupon be deemed to be money paid into court, pursuant to the preceding sections relating to money paid into Court and subject in all respects thereto. [E. 265.] S 16. In any cause or matter in which a sum of money has been awarded to or recovered by an infant, or person of unsound mind, the Court or Judge may at or after the trial order that the whole or any part of such sum shall be paid into court to the credit of the cause or matter ; and any sum so paid into court, and ajiy dividends or interest thereon, shall be subject to such orders as may from time to time be made by the Court or Judge concerning the same, and may either be invested, or be paid out of Court, or transferred to such persons, to be held and applied upon and for such trasts and in such manner as the Court or Judge shall direct. [E. 269.] 1 1 T. Money paid into Court or securities purchased under the provisions of the last preceding section, 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 Judge. [E. 270.] 1 B 8. Cash under the control of, or subject to the order of the Court, may be invested in Dominion securities. [R 271. J 340 Civil Justice. 119. Notice of eveiy application for the purpose of con- version of any securities, shall be served upon such persons, if any, as the Court or Judge shall direct. [E. 272.] MATTERS ARISING PENDING THE ACTION. 1 5J0. Any ground of defence which has arisen after action brought, but before the defendant has delivered his state- ment of defence, and before the time limited foi' his doing so has expired, may be raised by the defendant in his state- ment 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 counter-claim alleged therein by the defendant, it may be raised by the plaintiff" in his reply, either alone or together with any other ground of repl}'. [E. 2.S2.] 131. Where any ground of defence .irists after the de- fendant has delivered his statement of defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-ofF or countei-- claim arises after reply or aftei- the time limited for deliver- ing a reply has expiied, the plaintiff may, within eight days after such ground of defence has arisen, or at any subse- quent time by leave of the Court or Judge, deliver a further defence or further i-eply as the case m&v be, setting fcrth the same. [E. 283.] 13"^. Whenever any defendant, in his statement of de- fence or in any further statement of defence, as mentioned in the last preceding section, alleges any ground of defence which^ has a.risen after the eonmiencenient of the action, the plaintiff may deliver a confession of such defence and may thereupon, unless otherwise ordered by the Judge, have judgment for his costs up to thi' time such defence was pleaded. [K. 2b4.] I'/JS. Any party shall le mtitlod to laiec ly his pltading any point ef law, and any point so laised shall be disposed of by the Judge who tries the cause, at or after fhe trial, provided that by cc^nsent cf the parties, or by order of the Judge, on the application of either party, the same may be .•-et down for heai-ing and disposed of at any time before the trial. [E. 28G.] Civil Justice. 341 134. If, in the opinion of the Court or Judge, the decision of such point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counter-claim, or reply therein, the Court or Judge may thereupon dismiss the action, or make such order therein as may be just. [E. 287.] 1 35. The Court or Judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case, or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court or Judge may order the action to be stayed or dismissed, and judgment to be entered accordingly, as maj^ be just. [E. 288.] 1 36. After the close of the pleadings the plaintiff may, at any 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, the def en riant on notice may apply for and obtain an order to the like effect, or that the plaintiffs action be dismissed out of Court with costs to the defen- dant ; 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 proceeds with his action. I3T. On the application to set a cause down for trial, if the action be for slander, libel, false imprisonment, malicious prosecution, seduction, breach of promise of mar- riage, or if the action arises out of a tort, wrong or grievance in which the damages claimed exceed five hundred dollars, or if the action be for a debt or founded on contract where- in tb'e amount claimed or the damages sought to be recover- ed exceed one thousand dollars, or if the action be for re- covery of real property, and either party signify his desire 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. 138. The 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 a,s said Clerk considers sufficient for the 342 Civil Justice. payment of jurors' fees and of the expenses of summoning a fiutHcient number of persons to form the jury, and the Clerk shall, after the trial, pay the said jury and summoning fees, and, if any balance of the money so deposited with him re- mains unused after paying such fees, return such balance to the party who deposited the same. 139. In case of disputed accounts, the Judge may, in place of a trial by jury, direct the evidence to be taken by the Clerk of any Court, or by any o'ther competent per- son ;^ which Clerk or other person shall be sworn to take the same ti'uly, and to reduce it to writing and on the I'eturn of the evidence, the Judge may give judgment upon the evi- dence taken by the Clerk or other person as aforesaid, or may ordei' a new trial, when justice seems to require the same. 1 30. The jury for the trial of issues of fact in civil causes shall consist of six pei-sons whoso verdict shall be unanimous. ISl. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereb}.-, and the Court or Judge may make bind- ing declarations of right whether any consequential rehef is or could be claimed or not. [E. 289.] 133. The plaintiff may at any time before receipt of the defendant's defence, or after the receipt thereof, before taking any other proceeding in the action (save any inter- locutory application), by notice in writing wholly discon- tinue his action against all or any of the defendants, or withdraw any part or parts of his alleged cause of com- plaint, and thereupon he shall pay such defendant's costs of the r'^tion, or if the action be not wholly discontinued, the cof ; occasioned by the matter so withdrawn. Such costs si,. 11 be taxed, and such discontinuance or withdrawal, as the t.:,se maybe, shall not be a defence to any subsequent action. Save as herein otherwise provided, it shall not be competent for the plaintiff to withdraw the record or dis- continue the action without leave of the Court or Judge, but the Court or Judge may, before or at or after the hearing or trial upon such terms, as to costs and as to any other action, and otherwise as may Jie just, order the action to be Civil Justice. ;^43 discontinued, or any part of the alleged cause of complaint to be struck but. The Court or Judge may, in like manner, and with the like discretion, as to terms, upon the applica- tion of a defendant, tirder the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be .competent to u defendant to withdraw his defence, or any part thereof, withoTit such leave. [E. 290.] 133. When a cause has been entered foi' trial, it may.be withdrawn by either plaintiff oj' defendant, upon producing to the C'lerl< of the Cora-fc a consent in writing, siyied by the parties. [E. 291.] ■ i 34. Any defendant may have judgment for the costs of the 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. 292.]. !<».: »5. If any subsequent action shall be brought befoi'e payment of the costs of a discontinued action, for the same, or substantially the same 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. 29.S.] AMENDMENT. 136. The Court or Judge may, at any stage of the pEO- ceedings, allow either party to alter or amend his statement of claim or pleadings, in such manner and on such terms :as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real qusB- tions of controversy hetvyeen the parties. [E. 309.] 837. In all cases, application for leave to amend "may be made by either party to the Court or Judge, or to the Judge at the trial of the action, and such amendment, may b« allowed upon such terms. as to costs or otherwise as may b« just. [E. 314.] 138. 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 344 Civil Justice. limited, then within fourteen days from the_ date of the order, such order to amend shall, on the expiration of such limibed time as aforesaid, or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Judge. [E. 315.] 139. Any statement of pleading may be amended by written alterations in the copy which has been delivered, and by additions on paper to be interleaved therewith if necessary. [E. 316.] Whenever any statement or pleading is amended, the same, when amended, shall be marked with the date of the 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 , pur-suant to order of , dated the day of ." [E. 317.] 148. .Whenever any statement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same. Any amendment or new pleading rendered necessary by such amendment, shall be made or tiled and delivered within the same time as is allowed for any original pleading of the same description. [E. 318.] 843. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected lay the Court or Judge on motion or summons. [E. 319.] 843. The costs of and occasioned by any amendment shall be borne by the party making the same, unless the Court or Judge shall otherwise order. [E. 321.] DISCOVERY AND INSPECTION. 8 44. Any party may, without filing any affidavit, apply to the Judge, ex parte, for 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 possessioH or power, relating to any matter in question therein. On the hearing of such application the Court or Judge may either refuse or adjourn the same, if satisfied that such dis- Uiv'd Justice. 345 coveiy is not necessary, or not necessary at that stage of the cause or matter, or make such order, either generally, or limited to certain classes of documents, as may, in their or his discretion, be thought fit. [E. 354.] 145. The affidavit to be made by a party against whom such order as is mentioned in the last preceding section has been made, shall specify, which, if any, of the documents therein mentioned he objects to produce. [E. 355.] 1 40. It shall be lawful for the Court or Judge, at any time during the pendency of any cause or matter, to order the production by any partj^ thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Judge or Court shall think right ; and the Court may deal with such documents, when produced, in such manner as shall appear just. [E. 356.] 14T. Every party to a cause or matter shall be entitled, at any time, by notice in writing, to give notice to any other party, in whose pleadings or affidavits reference is made to any document, 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 cause or matter, unless he shall satisfy the Court or Judge that such document 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 otherwise as the Court or Judge shall think fit. [E. 357.] 148. The party to whom such notice is given shall, with- in two days from the receipt of such notice, if all the docu- ments therein referred to have been set forth by him in such affidavit as is mentioned in Section 145 of this Or- dinance, or if any of the documents referred to in such notice have not been set forth by him in any such afiidavit, then within four days from the receipt of such notice de- liver to the party giving; the same a notice stating a time 346 Civil Justice. within three days from tlic delivery thereof, at which the documents or such of them as he does not object to produce, may be inspected at the office of his advocate, or in the case of banker's books or other books of account, or books in con- stant use for the purpose of any trade or business, at their usual place of custody, and stating 'which (if any) of the documents he objects to produce and on what ground. [E. 359.] 1 49. If the party sei-ved with notice under the last pre- ceding Section of this Ordinance 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 the party desiring it, make an order fov inspection in such 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 docu- ments, 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.] I5ii. If the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Judge may, if saitisfied' that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or ques- tion in dispute in the cause or matter should be determined before deciding upon the right to the discovery by inspec- tion, order that such issue or question be determined first, and i-eserve the question as to the discoveiy or inspection. [E. 362.] B51. If any party fails to comply with any order to ansAver interrogatories, or for discovery, or inspection of documents, he shall be liable to attachment for contempt of court. He shall also, if a plaintift", be liable to have his action dismissed for want of prosecution, and 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 eflPect, and an order may be made accordingly. [E. 363.] )r Civil Justice. ;547 1 53. Service of an order for discovery or inspection made agamsfc any party or his advocate shall be suificient service to found an application for an attachment for disobedience to order. But the party against whom the application fa an attachment is made may show in answer to the applica tion that he has had no notice or knowledge of the ordei [E. 3'j4.] 1 53. An advocate upon whom an order against any party for discovery or inspection is served under the last preced- ing section, who neglects without reasonable excuse to give notice thereof to his client shall be liable to' attachment. [E. 3(55.] ADMISSIONS. 154. Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. (E. 371.) 155. Either party may call upon the other party to admit any document, saving all just exceptions ; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, 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.) i5G. Any party may, by notice in writing, at any time, not later than twelve days before the day fixed for trial, call on any othei- party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts men- tioned 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 costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge is satisfied that the refusal to admit was reason- 348 CivU Justice. able ; provided that any 'admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion, or in favor of any person other than the party giv- ing the notice ; provided also that the Judge may at any time allow any party to amend or withdraw any admission so made, on such terms as may be just. [E. 374.) 157. Any party may, at any stage of a cause or matter, where 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 ques- tion 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.] 158. 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. 877.] 159. If a notice to admit, or produce, comprises docu- ments which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. [E. 379.] ISSUES, ENQUIRIES AND ACCOUNTS. 1 GO. Where in any cause or matter it appears to the Court 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. 3S1.] 161. 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 particu- lar may direct that in taking the account, the books of account, in which the accounts in question have been kept, shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties inter- ested to take such objections thereto as thev may be advised. [E. 382.] ' ^ ^ Civil Justice. 349 14J/J. Where any account is directed to be taken, the ac- counting party, unless the Judge shall otherwise direct, shallmake out his account and verify the same by affidavit. The items on each side shall be numbered consecutively, and the account shall be referred to by the affida\it as an ex- hibit, and be tiled in Court. [E. si'S.] tQS. Any party seeking to charge any accounting party be}ond what he has by his account admitted to ha\e received, shall give notice thereof to the accounting party, stating, so far as he is able, the amount sought to be charged, and the particulai's thereof, in a short and succinct manner [E. :^84.] E64. Every judgment or order for a particular account of the personal estate of 'a testator or intestate shall contain a direction for an ent|uiry what parts (if any) of such per- sonal estate are outstanding or undisposed of, unless the Court or Judge shall otherwise direct. [E. 3X5.] 165. Where by any judgment or order, whether made in Court or by the Judge, any accounts are directed to be taken or inquiries to be made, each such direction shall be num- bered, so that as far as may be, each distinct account and enquiry may be designated hy a number, with such ^aria- tions as the circumstances of the case may require. [F. 386.] 11 6(5. In taking any account, directed by any judgment or order, all just allowances shall be made without any di- don for that purpose. [E. .Sy7.] or order, all just allowances shall I rection for that purpose. [E. .Sy7.] Id. If it shall appear to the Judge that there is any undue delay in the prosecution of any accounts or enquiries, or in any other proceedings under any judgment or order, the Judge may require the party having the conduct of the proceedings under 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 con- duct 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 .S,5() GiviL Justice-. may be giveu ; and any costs of such party, so directed shall be paid by such parties, or out of such funds as the Judge may direct. [E. 3SS.] SPECIAL CASE. 168. The parties to any cause or matter, at any stage of the cause or matter, or without any previous proceedings having been instituted, may concur in stating the qiiestions of law arising therein in the form of a special case for the opinion of the Court. Every such special case shall be di- vided into paragraphs, numbered consecutively, and shall concisely state such facts and documents as may be neces- sary to enable the Court to decide the qiiestions raised there- by. 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. 8^9 & N. S. 382.] 1 61). If it appear to the Court or .Judge that there is in any cause or matter a question of Law, which it would be convenient to have decided before any evidence is given, or any question or issue of fact i.s 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 there- upon be stayed. (E. 390.) 1 7®. No special case in any cause or matter to which a married woman (not being a party thereto in respect of her 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 argu- ment without 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.] Chint Justine. 351 111. The parties to a special case may, if they think iit, enter into an agreement in writing that, on the judgment of the Court being given in the aifirmative or negative of the questions of Law raised by the special case, a sum of money, fixed' by the parties rjr to be ascertained by the Court, or in such manner as the Court may direct, shall be paid hj one of the parties to the other of them, either with or without 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 other- wise agreed, or unless stayed in appeal. [E. y94.] 1'R(JCEED1NG>S AT TRIAJ.. IT 3. If, when a trial is called on, the plaintiff appears, and the defendant does not appear, the plaintifl' may prove his claim, so far as the burden of proof lies upon him. [E. 455.] f 1 TiJ. If, when a trial is called on, the defendant appears, and 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 counter-claim, then he may prove such counter-claim, so far as the burden of proof lies upon him. [E. 456.] 8 74. Any verdict or judgment obtained where one party does not appear at the trial may be set aside by the Court or Judge upon such terms as may seem fit, upon an appli- cation made within fifteen days after the trial. [E. 457.] 1 T5. The Judge may, if he thinks it expedient for the interests of justice, postpone or adjourn a trial for such time, and to such place, and upon such terms, if any, as he shall think fit ; but no trial shall be postponed upon the ground of the absence of a material witness, unless the affidavit upon which the application is made distinctly states that the deponent believes and is advised that the party in 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, & N. S. 469.] 1 76. Where, through accident or mistake, or other cause, 352 Civil Jiuit%ce any party omits, or fails to prove sonu' fact material to his case, the 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 bting tried by a jury, the Judge may direct the jury to lind 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 otherwise directs. 'Ihis rule shall not apply to actions for libel or slander. [N. S. 8(18.] ITT. Upon a trial with a jury, the addresses to the jury shall be regulated as follows ; the partj' who begins, or his counsel, shall be allowed at the close of his case, if his opponent does not announce any intention to adduce evi- dence, to address the jury a second time, for the purpose of summinc 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.] 178. 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 enquired into in the cause or matter. (E. 462.) 1 79. The Judge may, at or after the trial, direct that judgment be entered for anj'^ or either party, or adjourn the case for further consideration, or leave any party to move for judgment. No judgment shall be entered after a trial without the order of the Court or Judge. (E. 40.3.) INQUIRY AND REFERENCE AS TO DAMAGES. 1 80. In every action or proceeding in which it shall ap- pear to the Court or Judge that the amount of damages sought to be recovered is substantially a matter of calcula- tion, the Court or Judge may 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 attend- ance of witnesses and the production of documents before such officer or other person, may he compelled by subpoena, Civil Justice. ■ 853 and such oiBcer or other person may adjourn the inquiry from time to time, and shall endorse 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 pi-oceedings may thereupon be Had as to taxation of costs, entering judgment and otherwise as in ordinary cases. [E. 481.] 181. Where damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment. [E. 482.] EVIDENCE GENERALLY. 1 8/i. 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 actiofi, or at any assessment of damages shall be examined ni:ii 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 affidavits, or that the affidavit of any witness may be read at the hearing or trial, on such condi- tions as the Court or Judge may think reasonable, or that any witness whose attendance in Court ought for some sufficient cause to be dispensed with, be examined by inter- rogatories 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 wit- ness for cross-examination, and that such' witness can be produced, an order shall riot be made authorizing the evidence of such witness to be given by affidavit. (E. 483.) 183. An order to read evidence taken in another cause or matter shall not be necessary, but such evidence may, saving all just exceptions, be read by leave of the Court or Judge. (E. 485.) 184. Copies of all writs, records, pleadings, and docu- ments filed in Court, when certified by the Clerk, shall be admissible 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.) 3o4 Civil Justice. EXAMINATIONS OF .WITNESSES. 185. The Court or Judge may, in any cause or matter, when it shall appear necessary for the purposes of justice, taaks any order for the examination upon oath, viva voce, "ox by interrogatories in writing, before the Court or Judge oi' any officer of the Court, or any other person, and at any place of any witness or person, and may empower any party lo any Such cause or matter to give such deposition in evi- •dfence therein on such terms, if any, as the Court or Judge may direct. (E. 487.) 186. The Court or Judge may in any cause or matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court or Judge Hiay think fit to be produced ; provided that no person shall be compelled to produce under any such order any writing 01' other document which he could not be compelled to pro- duce at the hearing or trial. (E. 489.) 181. Any person wilfully disobeying any order requiring kis attendance for the purpose of being examined or of pro- ducing any document, shall be deemed guilty of contempt of Court, and may be dealt with accordingly. (E. 490.) S88. Any person required to attend for the purpose of being examined or of producing any document, shall be en- ■ titled to the like conduct-money' and payment for expenses end loss of time as upon attendance at a trial in Court (E. 491.) 1 89. Where any witness or person is ordered to be ex- amined before any officer of the Court, or before any person appointed for the purpose, the person taking the examina- • tion shall be furnished by the party on whose application the order was made, with a copy of the proceedings in the eause, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue : Tbetween the parties. (E. 492.) 1 90. The examination shall take place in the presence of the parties, their counsel, advocate, or agent, and the witnesses shall be subject to cross-examination and re- examination. C&l 493.) Civil Justice. 356 1 D 1 . The depositions taicen before an officer of the Court, or bef >re any other person appointed to take the examina- tion, shall be tak^n down in writing' by or in the presence of the examiner, not oi-dinarily by question and answer, but so as to represent as nearl;^ as may be the statement of the • witness, and when completed 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 any particular question or answer if there should appear any 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 advocates, or parties, and shall refer to such statement in the depositions, but he shall not have the power to decide upon the materiality or relevancy of any question. [E. 494.] 193. If any person duly summoned by subpoena to attend for examination shall refuse to attend, or if, having attend- ed, he shall refuse to be sworn or to answer any lawful question, a certificate of such refusal, signed by the exam- iner, shall be tiled in Court, and thereupon the party re- quii-ing the attendance of the witness may apply to the Court or Judge ex parte, or on notice, for an order directing the witness to attentl, or. to be sworn, or to answer any question as the case may be. [E. 495.] 1 93. If it shall be made to appear to the Judge that a witness has been duly served with a subpoena, and his fees for travel and attendance paid or tendered to him, and that Buch witness refuses or neglects to attend to give evidence as required by his subpoena, and that his evidence is neces- sary and material, it shall be lawful for the Judge in addi- tion to any powers which he may possess for the punish- ment of such witness, to issue a -warrant under his hand and seal, directed to any sheriff or other officer or officers for the immediate arrest of such witness, to be brought before the Court, or person authorized to hear the evidence for the purpose of giving evidence in the cause. [N.S. 389,] 194. If any witness shall object to any question which 356 Civil Justice. may be put to him before an examiner, the question so put, and the 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.] 1 J>5. Tn any case under the three last preceding sections of this Ordinance, the Court or Jydge shall have power to order the witness to pay any costs occasioned by his refusal or objection. [E. 497.] 1 96. When the examination of any witness before any examiner shall 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.] S91. The person taking the examination of a witness under the provision of this Ordinance may. and if need be, shall make a special report to the Court, touching such ex- amination and ths 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.] 198. Except whereby this Ordinance is otherwise pro- vided or may be directed by the Court or Judge, no deposi- tion shall be given in evidence at the hearing or trial of the cause or matter ^vithout 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 jurisdic- tion of the Court, or unable from sickness or other infirmity to attend the hearing or trial, in any of which cases the de- positions, certified under the hand of the person taking the examination, shall be admissable in evidence saving all just exceptions without proof of the signature to such certificate [E. 500.] 1 99. Any officer of the Court, or other person directed to take the examination of any witness or person, may ad- minister oaths. [E. 501.] 200. Any party in any cause or matter may by subpcena ud tedificandum, or duces tecum require the attendance of Civil Justice. 347 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 like manner as such witness would 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.] 301 . Evidence taken subsequently to the hearing or trial of any 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.] 303. The practice with reference to the examination ci'oss-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.] 303. The practice of the Court with respect to evidence at a trial, when applied to evidence to be taken before an officer of 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.] 304. No affidavit or deposition filed or made before issue joined in any cause or matter shall, without special leave of the Court or Judge, be received at the hearing or trial thereof, unless within one month 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.] 305. All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter. [E. 507.] SUBPCENA. 306. When a subpoena is required for the attendance of a witness for the purpose of proceedings in Chambers, such subpoena shall issue from the Clerk's office upon a note from the Judge. [E. 510.] Civil Justice. 359 matter in which it is sworn ; but in every case in whiek there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or de- fendant 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 disal- lowed. (E. 522.) 3 1 5. Affidavits shall be confined to such facts as the wit- ness is able of his own knowledge to prove, except on inter-' locutory motions, on which statements as to his Ijelief, \vitk the groxmds thereof, may be admitted. The costs of ei'vy affidavit which shall unnecessarily set forth matters of'hpai- say, or argumentative matter, or copies of or extracts from documents shall be paid by the party filing the same. (E. oZo. ) 'ilG. Affidavits sworn in the North- West Territories shall be sworn before a Judge, Clerk of the Court, or Deputy ' Clerk, Notary Public, Justice of the Peace, or Conmiissioner empowered to administer oaths. (E. 524.) 3 1 7. Every person administering oaths shall express the time when and the place where he shall take any affidavit or recognizance ; otherwise the same shall not be held au- thentic nor be admitted to be filed without the leave of the Court or Judge. (E. o2.t.) 318. All examinations, affidavits, declarations, affirma- tions, and attestations in causes or matters depending in the Supreme Court, may be sworn and .taken out of the North- West Territories in any part of the Dominion of Canada or in Great Britain or "Ireland, or the Channel Islands, o." in any Colony, Island, or Plantation, or place under tlie Do- minion of Her Majesty in foreign parts, liefore any Judge, Court, Notary Public, or person lawfully authoiizcd to ad- minister 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 ilajestyls Dominions, or before a Chall be sufficient if sworn before the advocate acting foi- the party, on whose. behalf the affidavit is to be used, or before any agent of such advocate or be- fore the party himself. (E. 536.) 339. Any affidavit, which would be insufficient if sworn before the advocate himself, shall be insufficient if sworn before his clerk or partner. (E. 537.) 330. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court or Judge. On motions founded on affi- davits either party may, by leave of the Court or Judge, make affidavits in answer to the affidavits of the opposite party, as to new matter arising out of such affidavits. (E. 53« and N. S. 44G.) 331. Except by leave of the Court or Judge, no order made ex parte 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 motion. (E. 539.) 362 Civil Justice. 333. The party intending to use any affidavit in support of any application, made by him in Chambers, shall give notice to the other parties concerned, of his intention in that behalf. (E. 540.) 333. All affidavits, which have been previouslymade and read in Court upon any proceedings in a cause or matter, may be used before a Judge in Chambers. (E. 541.) 334. Every alteration in an account veiihed by affidavit shall be marked with the initials of the commissioner or officer before whom the affidavit is sworn, and such altera- tions shall not be made by erasure. (E. 542.) 335. 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 as exhibits. (E. 543.) 336. Every . certificate on an exhibit referred to in an affidavit, signed by the commissioner, or- officer, before whom the affidavit is sworn, shall be marked with the short title of the cause or matter. (E. 544.) MOTION FOR JUDGMENT. 33T. 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.) 338. Where, at, or after a trial by a Judge, either with or without a jury, the Judge has directed that any judgment be entered, any party may apply to set aside such judgment and to enter any other judgment, upon the ground that, upon the finding as entered, the judgment so directed is wrong. (E. 562.) 33J>. When issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff may set down a motion for judgment as soon as Civil Justice. 363 such issues or 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 expii-ation of such ten days any defendant may set down a motion for judgment, and give notice thereof to the other parties. (E. 565.) */J40. When issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party wlio considers that the result of such trial or determination renders the trial or determina- tion of the others of them unnecessary ^ or renders it desir- able that the trial or determinatioji thereof should be post- poned, may apply to the 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.) 341. No motion for judgment shall, except by leave of the Court or Judge, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do. [E. 567.] 343. Upon a motion for judgment, or upon an application for a new trial, the Court may draw all inferences of fact not inconsistent with the finding of the jury, and if satisfied that it has before it all the materials necessary for finally determining the question in dispute, or any of them, oi' for awarding any relief sought, give judgment accurdini^Iy, or may, if it shall be of opinion that it has not sufficient mate- rials 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 and made, as it may think fit. [E. 568.] 343. When it is made to appear to the Court or Judge on the hearing of any application, which may be pending before the Court or Judge, that it will be conducive to the ends of justice to permit it, the Court or Judge may direct 864 GivU Justice. any applications 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 or matter, and with respect to the further prosecution thereof as the circumstan- ces 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. [N.S. 477.] 344. Where, at any time after the writ of summons has been issued, it is made to appear to the Court or Judge on an ex parte application that it will be conducive to the ends of justice to 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 tiling of the affidavits, as may be expedient. Upon the hearing of such motion the Court or Judge, instead of either granting or refusing the applica- tion, may give such directions for the examination of either parties or witnesses, or for the making of further enquiries, or with respect to the further prosecution of the suit, as the circumstances of the case may require, and upon such terms as to costs as the Court or Judge think right. [N.S. 478.] JUDGMENT AND ENTRY OF JUDGMENT. 345. When any judgment is pronounced by the Court or Judge, the entry of judgment shall be dated as of the day on which such judgment is pronounced, unless the Court or Judge shall otherwise order, and the judgment shall take eifect from that date ; pr(3vided that by special leave of the Court or Judge, a judgment may be ante-dated or post- dated. (E. 571.) 344*. Any Judge may deliver the judgment of the Court, when authorized to do so by the Judges in Banc, who heard the matter on which judgment is to be pronounced, or may deliver the judgment of any other Judge, when authorized so to do by such other Judge, notwithstanding the absence of the Judges or Judge aforesaid. (N.S. 482.) 341. In all cases not within the last preceding Section civil Jaxtivf. ;^()o the entry of judgment shall he dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry, and the judgment shalV take effect from that date. (E. o72.) ?J48. Every judgment or order made in any cause or matter re(]uiring any person to do an act thereby ordered shall state the time, or the time after service of the judg- ment or order, within which the act is to be done, and upon the eopy of the judgment or order, which shall be served upon the person required to obey the same, there shall be endorsed a memorandum in the woirds or to the effect fol- lowing, viz : " If you, the within named A. B., neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the pxirpose of compelling you to obej'^ thc^ same judgment (or order)." (E. .573.) 34J). Whei'e, under this Ordinance, or otherwise, it is provided that any judgment may be entered upon the filing of any affidavit or production of any document, the Clerk shall examine the affidavit or document produced, and if the same be regular and contain all that is by Law required, he shall enter judgment accordingly. (E. 574.) 350. When by this Ordinance or otherwise, any judg- ment may be entered pursuant to any order or certificate, or return to any writ, the production of such order, certificate or return, shall be sufficient authority to the Officer to enter judgment accordingly. (E. 575.) 351. In any cause or matter where the defendant has ap- peared by advocate, no order for entering judgment shall be made by consent, unless the consent of the defendant is given by his advocate or agent. (E. 577.) 353. When the defendant has not appeared, or has ap- peared 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 advo- cate acting on his behalf. (E. 578.) 353. Satisfaction of a judgment shall be signed by the plaintiff, and his personal representatives, or by an advocate 3G6 Civil Justice. specially authorized for that purpose in writing, unless th« Judge, on special circumstances set forth by affidavit, dis- pense with such authorization. (N. S. 489.) EXECUTION. 254. When any poison is by anj' order directed to pay any money, or to deliver up or transfer any property, real or personal, to another, it shall no"; be necessary to make any demand thereof, 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. 579.) 255. 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 himself, and any other person interested in the matter may, on breach or non-performance 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 judgment or order had been made, unless the Court or Judge shall otherwise direct. (E. 580.) 256. Every person, to whom any money or costs shall be payable under a judgment or order, shall be entitled after fifteen days from the date of judgment or order to sue out one or more writs fieri facia.-i to enforce payment thereof. The Court or Judge at the time cf giving judgment, or the Court or a Judge afterwards, may give leave to issue execu- tion before, or may stay execution until any time after the expiration of the period hereinbefore prescribed, and a sep- arate execution may issue for costs. 251. A judgment for the recovery of or for the delivery or the possession of land may be enforced by writ of posses- sion. (E. 583.) 258. A judgment for the recovery of any property, other than land or money, may been forced by writ for delivery of the property. E. 684.) 259. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything, may be enforced by writ of committal. (E. 585.) Givil Justice. 367 '4® !>. Where a juagment or order is to the effect that any party is entitleJ to any relief subject to or upon the fulfil- ment of any condition or contingency, the party so entitled may, upon the fuldlinsnt of the condition or contingency, and denuval mado upon the party against -whom he is en- titled to relief, apply to the Judge for leave to issue execu- tion against such party. And the JiMge may, if satisfied that the right to relief has arisen according to the terms of the judgment or order, order that execution issue accord- ^Poly> 01' 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. 5.S7.) 'iQi. Where a judgment or order is against a firm, execu- tion may issue ; — (1.) Against any property of the partnership ; (2.) Against any person, who has appeared in his own name or who has admitted on the pleadings that he is or who has been adjudged to be a partner ; (3.) Against any person, who has b^en served as a partner, with the writ of summons, and has failed to appear. If the party who has obtained judgment, or an order, claims to be entitled- to issue execution against any other person as being a member of the firm, he may apply to a Judge for leave so to do ; and the 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 de- termined in any manner in which any issue or question in action may be tried and determined. (E, 588.) 2Q2. No writ of execution shall be issued without the party issuing it, or his advocate, filing a precipe for that purpose; the precipe 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 advocate of the party issuing itfor by the party issuing it, if he does so in person. (E. 590.) 263. When entitled thereto, the party, in whose favor such judgment has been entered, may have one or more S6N Civil Justice. writs of execution, directed to the Sheriff of any one of the judicial districts of the North-West Territories, for levying within the judicial district named in such writ tlie 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 judg- ment has been so entered. 3(54. Every writ of execution shall bear date the day of its issue, and sliall remain in force for one year 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 renewed by the pai'ty issuing it for one year from the date of such renewal by being marked in the margin with a me- morandum to the effect following : "Renewed for one year from, the day of A.D. IS ," (signed by the Clei'k); and the production of a writ of execution marked as renewed in manner aforesaid shall be sufficient evidence of its having been so renewed ; and a writ of exe- cution so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof. 305. Every writ of execution for the recovery of money shall be indorsed with a direction to the Sheriff, or other officer 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 levjf legal interest thereon, if sought to be recovered, to- gether with sheriffs fees, poundage and other expenses of execution. (E. 594.) 306. As between the original parties to a judgment or order, execution may issue at any time within six years from the recovery of the judgment or the date of the order. (E. 600.) , 301. In the following cases, viz. : (1.) Where six years have elapsed since the judgment or date of the order, or a-ny change has taken place by death, or otherwise, in the parties entitled or liable to execution ; Missing Page 370 GivU Justice. 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 appointed by the Court or Judge, at the cost of the disobedient 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.) 'if'i. Any judgment or order against a corpovation wil- fully 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 tlicreof. (E. 609.) 313. Writs of execution shall follow the form in the Appendix to this Ordinance, adapted to the circumstances of each case. 314. No writ of execution shall bind the goods of the party against whom the same is issued, but fi-om the time the said writ shall be delivered to the Sheriff to be executed, and the Sheriff shall upon the receipt of the writ endorse thereon the time when the same was received by him. 275. No writ of execution or other process, under which personal property is directed to be seized, shall bind the personal property or prejudice the title thereto acquired by any person bona fide and for a valuable consideration before the actual seizure under- such writ or process ; provided such person had not at the time he acquired such title, notice that such writ or any other writ, by virtue of which the personal property of such owner might be seized or attached, had been delivei-ed to and remained unexecuted in the hands of the Sheriff. 376. No sale of personal property seized under any writ of execution or process shall be made without such sale be- ing advertised for at least ten days by public notice thereof, describing the property to be sold, copies of which notice irhall be posted in the offices of the Clerk and Sheriff, and at least five public places in the locality, where the same is to Missing Page 372 Civil J'tistice. next pieceding section .^hall discharge the Sheritt tu uue ex- tent of the amount due on and .^ecured thereby on the said ■writ. 281. The Sheriff thall fsiy over to the execution creditor or his advocate all moneys so re( overed or a sufficient sum to discharge the amount directed by the writ to be levied less his fees and expenses. ■ 283. No sale of growing crops, -whether grain ur roots, shall take place until after the same have been harvestecJ ard threshed, or taken and removed from the ground, when, siltr i'lJ chaigt; for harvesting, threshing, taking and re* moving, have letn paid and all exceptions been claimed and reHl^ta, the balance may be subject to be sold. 283. Any person who becomes entitled to issue a writ of execution against goods may, at or after the time of issuing the same, issue a writ of execution against the lands of the person liable, into any Judicial District provided that not less than fifty dollars remain due and unpaid on the judg- ment, and deliver the same to the Sheriff of the district named in the writ and charged with the execution of the writ of execution Mgainst goods at or after the time of de- livery to him of the writ against goods, and either before or after any return thereof ; but such officer shall not sell the said lands within less than twelve months from the day on which the writ against the 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 office, respec- tively, and published two months in the newspaper nearest the lands to be sold. 284. No sale shall be had under any execution against lands until after a return of nulla bona in whole or in part, with respect to an execution against goods in the same suit or matter by the same officer. 285. No Sheriff shall make any return of nulla bona, either in whole or in part, to any writ against goods, until ,the whole of the goods of the execution debtor in the dis- trict, named in the writ, liable to seizure which he can find have been exhausted. Civil Justice. 373 386. If the atuount authorized to be made and levied under the writ againt goods is made and levied thereunder the person issuing the writ against lands shall not be entitled to the expenses thereof or of any seizure or adver- tisement thereunder, aiid the return to be made by the officer charged with the execution of the writ ac^-ainst lands to such writ, 3hall be to the effect that the amount has been so made and levied as aforesaid. 381. _A written order, signed by the advocate by whom any writ of execution or other process as aforesaid shall have been issued, or by the party at whose instance the same issued, shall justify the Sheriff paying out money realized under execution; but the order of the advocate shall not suffice for that purpose, where the party for whom the advocate professes to act has given to the Sheriff writ- ten notice to the contrary. 388. Where under any writ of execution while in force personal property has been seized, the Sheriff may proceed to sell the same although the writ of execution has expired. 38S>. Where it is sought to enforce a judgment made for the recovery of any property other than land or money, the Court or Judge may, upon the application of the plaintiff or person entitled thereto, order that execution shall issue for 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 thereto 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.) 390. A judgment or order that a party do recover pos- session of any land, or that any person therein named do deliver up possession of any lands to some other person, the person prosecuting such judgment or order may without any order for such purpose after fifteen days from the entry of the judgment, or service of a copy of the order, enforce tlie same by a writ of possession. (E. 644 and 645.) 391. Upon any judgment or order for the recovery of 374 Civil Justice. delivery of possession of any land and costs, there may be either one writ or separate writs of execution for the reco- very of possession and for the costs at the election of the successful party. (E. 646.) 393. Upon any execution against the lands or goods, the Sheriff may, in addition to the sum recovered by the judg- ment, levy the poundage fees, expenses of the execution, and interest upon the amount so recovered from the time of entering the judgment. 293. In case a part only is made by the Sheriff on, or by force of any execution again 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 endorsed upon the writ, and in case the personal estate of the defendant is seized or adver- tised on or under an execution, but not sold by reason of satisfaction having been otherwise obtained, or from sqme other cause, and no money is actually made by the Sheriff on or by force of such execution, the Sheriff shall be entitled to the fees and expenses of execution and poundage only on the vafue of the property seized not exceeding the amount endorsed 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. 394. In case of writs of execution upon the same judg- ment to several Judicial Districts, wherein the personal estate of the judgment debtor or debtors has been seized or advertised but not sold, by reason of satisfaction having been obtained under or b}' 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 iriileage and fees only for the services actually ren- dered end performed by him, and tlie Court or any Judge thereof may allow him a reasonable charge for such services, in case no special fee therefor is assigned in any table of costs. 395. In case any person liable on any execution is dis- satisfied as to the amount of poundage fees and expenses of execution that any Sheriff claims under the tariff' of fees and allowances in force, he may, before or after payment Givil Justice. 375 thereof, apply to the Judge of the Supreme Court, and if upon a statement of the whole facts, the Judge, after notice to the Sheriff, is of opinion that such imount is unreason- able, notwithstanding that it is according to the tariff, or this Ordinance, the same shall be reduced or ordered to be refunded upon such terms as to costs, or otherwise, aw the Judge may think fit to impose. !^D6. Upon the settlement of an execution, either in whole or in part by payment, levy or otherwise, the Sheriff or officer claiming any fees, poundage, incidental expenses or remuneration, which have not been taxed, shall, upon being required by either plaintiff' or defendant, or the advocate of either party, and on payment of tender of the expenses of such taxation, and the further sum of twenty-five cents for the copy of this bill detail (which he shall be bound to render) have his fees, poundage, incidental expenses or re muneration, as the case ma.y be, taxed by the Clerk of the Supreme Court of the Judicial District wherein such Sheriff keeps his office. 39"?. N(j Sheriff shall collect any fees, costs, poundage or incidental expenses, after having been required to ha\-e the same taxed, without taxation ; and upon tender of the amount taxed, no fe 5s, costs, poundage or incidental expen- ses in respect of proceedings subsequently taken shall be allowed to any Sheriff. ^08. It shall be tlie duty of every Taxing Officer above referred to, 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 taxa- tion and the amount thereof. 31>J>. It shall be the duty of every Taxing Officer afore- said, upon proof of notice of the time and place of such tax- ation having been .^erved upon the Sheriff, Deputy-Sheriff, or other officer charged with the execution of the writ, to examine the bills presented to him for taxation, as herein required, whether such taxation is opposed or not, and to be satisfied that the items charged in such bills are correct and legal, and to strike out all cha7-ge,s for services wliich, in his opinion, were not necessary to be performed. 376 Givil Justice. 300. Either party dissatisfied with the taxation may- appeal to a Judge of the Supreme Couit, in which tlie pro- ceedino-.s are taken, i'oi- a revision of such taxation. DISCOVERY IN AID OF EXECUTIONS. 301. When a judgment or order i.s for the recovery or payment of money, the party entitled to enforce it may ap- ply to a Judge for an order that the debtor, liable under such judgment or order, or, in the case of a corporation, that any officer 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 attend- ance arid examination of such debtor, or of any other per- son, and for the production of any books or documents. (E. •10.) 30^. In case of any judgment or order, other than for the recovery of payment of money, if any difficulty arises in or about the execution or enforcement thereof, any party interested may apply to a Judge, and the Judge may ihake such or'der thereon, for the attendance and examination of any party or otherwise, as may be just. (E. 61 1.) 303. Ajry person liable to be examined under either of the last two preceding Sections of this Ordinance, shall be entitled to the like conduct-money, and payment for expen- ses and loss of time, as upon attendance at a trial iii Court, and may be compelled to attend and testify, and to produce books and documents, in the same manner, and subject to the same rules of examination, and the same consequences of neglecting to attend, or refusing to disclose the matters in respect of which he may be examined, as in the case of a witness on a trial. 304. The costs of any application under the last three preceding Sections of this Ordinance, or either of them, and of any proceedings arising from, or incidental thereto, shall be in the discretion of the Judge. (E. 612.) GARNISHMENT. 30.?. Upon the affidavit of any person who has obtained Civii Justice. 377 a judgment or order for the recovery or payment of money or his advocate, stating that judgment has been recovered, or the order made, and that it is still unsatisfied, and to Ayhat amount; or before judgment, incases where the plain- tiif's claim is for a debt or liquidated demand, on a like affi- davit, showing the nature and amount of such claim ; in either case, such affidavit, further stating that any other person (naming him) is indebted to such debtor, and is within the jurisdiction of the Court, and filing such affidavit with the Clerk, the Clerk shall issue a summons in the form to the Appendix, calling upon the said person (thereinafter called the garnishee) to appear within ten days after service of such summons, and state whetlier or not he admits any indebtedness due or accruing due as alleged, and to what amount, and show cause, if any, why he should not pay into Court the amount of the said indebtedness or sufficient to satisfy the plaintiff's claim and costs, provided that no order be made against the garnishee, until after judgment has been given for the plaintiff in the original action, and pro- vided that no debt due or accruing to a mechanic, laborer, servant, clerk or employe in rfespect of his wages or salary shall be liable to seizure or attachment under this Ordinance to the extent of one month's wages, not exceeding fifty dol- lars. <{04>. Service of such summons upon the garnishee shall bind such debts in his hands, and in case of a Corporation being garnishee, that has a branch or skreney thereof within the jurisdiction, or in case of a non-resident carrying on business within the jurisdiction, having an agent, managing clerk or other representative resident and carrying on busi- ness therein, service of the summons upon such agent, man- aging clerk or other representative shall bind the debts. SOT. If the garnishee does not pay into Court the amount due from him to the debtor, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon the summons, then the Judge may, after judgment has been entered against the primary debtor, 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 there- of as may be sufficient to satisfy the judgment or order. (E. 624.) 37'S Civil Justice. 308. It' the garnishee disputes his liability, the Judge,, instead of making an order that judgment be entered and execution issue, may order that auy issue or question neces- sary for determining his liability be tried or deteimined in any manner in which any issue or question in an action may be tried or determined. (E. 625.) SOO. Whenever, in proceedings to obtain an attachment of debts, it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Judge may (jrder such third person to appear, and state the nature and particulars of his claim upon such debt. (E. 626.) jtiO. After hearing the allegations of any third person under such order as in the next preceding Section men- tioned, 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 amount due from sucli garnishee, or any issue or question to be tried or deter- mined 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 ail cases with respect to the lien or charge (if any) of such third person, and to costs as the Judge shall think just and reasonable. (E. 627.) tiil. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid, shall be a valid discharge to him as against the debtor, to the amount paid or levied, although such proceedings may be set aside, or the judgment or order reversed, or the plaintiff fails in his action. (E. 628.) 3 1 5J. The garnishee shall not be liable for the costs of the proceeding, unless and in so far only as occasioned by setting up a defence which he knew, or ought to have known, was untenable ; and subject to this provision the costs of all parties shall be in the discretion of the Judge. INTERLOnUTORY ORDERS A8 TO MANDAMUS, INJUNCTIONS OR INTERIM PRESERVATION OF PROPERTY. :it:i When by any contract a prima facie case of liability CivU Justice. ;:79 is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court or Judge may make an order for the preservation or interim custody 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 Section may be made on notice 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 otherwise, to the satisfaction of the Court or Judge. (E. 657 and 663.) 314. It shall be lawful for a Judge, on the application of any 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 merchandize which may be of a perishable nature or likely to injure from keeping, or which for any other just or sufficient reason it may be desii-able to have sold at once. (E. 658.) 315. It shall be lawful for a Judge, upon the application of any party to a cause or matter, and upon such terms as may be just, to make any order for the detention, pieserva- tion or inspection 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 authorize any person to enter upon or into any land or building in the possession of anj^ party to such cause or matter, and for all or any of the purposes aforesaid, to authoi'ize any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence. (E. 659.) 3 1 6. 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.) 380 Civil Justice. 311. Where an action is brought to recover, or a defend- ant in his defence seeks, by way of counter-claim, to recover specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to recover the property by virtue of a lien, or otherwise, as security for any sum, the Judge may, at any time after such last men- tioned claim appears from the pleadings, or, if there be no pleadings, by atSdavit or otherwise to the satisfaction of such Judge, order that the party, claiming 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.) 318. Where any real or personal estate forms the sub- ject of any proceedings in the Court and the Judge is satis- fied that the same will be mox-e 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 commence- ment of tlie proceedings, allow to the parties interested therein, or any one or more of them, the whole Any person who has commenced a suit in any Court, the process wherein was served before the plaintiff who sues out a writ of attachment against the same defendant has sef-ved his writ, may, notwithstanding the suing out of a writ of attachment, proceed to judgment and execution in his suit in the usual manner ; and if he obtains execution before the plaintiff in any such writ of attachment, he shall have the full advantage of his priority of execution, in the same manner as if the property and effects of such abscond- ing debtor still remained in his own hands and possession; but if the Judge so orders, such execution shall be subject to the prior satisfaction of all costs of suing out and execu- ting the attachment. REPLEVIN. 334>. In any action brought for the recovery of any per- sonal property, and claiming, whether alone or with any other claim, 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 Civil J'Vbstice. 388 the delivery of the propei-ty to him. oil his coioplying with the following Sections ; such writ shall be in the form in the Appendix to this Ordinance, with such variations as circum- stances may require ; but nothing herein contained shall authorize the replevjdng any property seized by the Sheriff or any other ofEcer charged with the execution of any pro- cess issued out of the Court. 337. Writs of replevin shall be issued by the Clerk of the Coui't, upon the plaintiff, or his duly authorized agent, filing an affidavit, naming the Judicial District in which the property is, and (1.) Embodying a descriptiou 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 be sought in the case of property distrained for rent, or daimage feasant, that the property was taken under color of disti-ess 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 possession, stating, in addition to the particulars requir- ed by sub-section one of this Section, 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 posses.sion of the property. 338. Before the Sheriff replevies, he shall take a bond in double the value of the property to be replevied, as stated in the writ. The bond shall be assignable to the defendant by the Sheriff endorsing his name thereon, and such endors- ment shall enable the plaintiff to bring action thereon in his own name against the parties who have executed it. The bond may be in the form in the Appendix to this Ordinai^ce, with such variations, as circumstances may require. 339. A copy of such writ shall be served on the defen- dant 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 186 I Civil Justice. person resident, then posted in a conspicuous place on the premises, or having 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 suspect that the property to be re- plevied, or any part thereof, is secured, contained, or con- cealed in any dwelling-house, building or enclosure of the defendant, or of any other person keeping or holding the game, 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. 340. The Sheriff shall return the writ to the Clerk of the Court, whence it issued, with a statement of his doings theron, and shall annex to the return of the writ : (1.) The names, places of residence, and additions of the sureties in, and the date of the bond taken from the plain- tiff, and the names of the witnesses thereto ; (2.) The number, quality and quantity of the articles of property replevied, and, in case he has replevied only % portion of the property mentioned in the writ, and can- not replevy the residue, he shall state in his return the ar- ticles which he cannot t-eplevy, and the reasonwhy noi INTERPLEADER. 841. Relief by way of interpleader may be granted, — (1.) Where the person seeking relief (in this Ordinance, called the applicant), is under any liability for any debt money, goods or chattels, for or in respect of which he in or expects to be sued by two or more parties (in this Ordi- nance called the claimants) making adverse claims thereto ; (2.) Where the applicant is a Shex-iff charged with the ex- anition or process by or under, the Authority of the Court, and daim is made to any money, goods or chattels taken or in- tended to be taken in execution or attached under any pro- cess, or to the proceeds or value of any such goods or chat- Civil Justice. 387 tels by any person other than the person against whom the process issued. (E. 850.) 342. The applicant must satisfy the Court or Judge by affidavit or other-\yise : (1.) That the applicant claims no interest in the subject- matter or dispute, other than for charges or costs ; and (2.) That the applicant does not collude with any of the claimants ; and (3.) That the applicant is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court or Judge may direct. (E. 851.) 343. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a com- mon origin, but are adverse to and independent of one another. (E. 852.) 344. When the applicant is a defendant, application for relief may be made at any time after service of the writ of summons. (E. 853.) 345. The applicant may take out a summons calling on the claimants to appear and state the nature and particulare of their claims, and either to maintain or relinquish them. (E. 854.) 346. If the application is made by a defendant in an action, the Court or Judge may stay all further proceedings in the action. (E. 855.) 341. If the claimants appear in pursuance of the sum- mons, the Court or Judge may order either that any claim- ant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or_ in addition to the applicant, or that an issue between the claim- ants be stated and tried, and, in the latter case, may direct which of the claimants is to be plaintiff and which defend- ant, as) also the time and place for the trial of such issue. (£.856. 348. The Judge may, if it seems desirable so to do, dis- pose of the merits of their claims, and decide the same in a gy^ Civil Justice, summary manner and on such terms as may be^ just. (E. 857.) 349. When the question is a question of Law, snd the facts 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 stated, the provisions herein relating to special cases shall, as far as applicable, apply thereto. (E. 858.) 350. If a claimant, having been duly served with a sum- mons calling on him to appear and maintain, or relinquish his claim, does not appear in pursuance of the summon.s, 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, for ever barred against the applicant, and persons claiming under him, but the order shall not aifect the rights of the claimants as between themselves. (E.' 859.) 351. In any interpleader proceeding,' the decision of the Court or Judge shall be final and conclusive against the claimants, and all persons claiming under them, unless appeal lies. (E. 860 in part.) 352. When goods and chattels have been seized in execu- tion 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 part thereof, and direct the application of the proceeds of the .''ale in such manner and upon such terms as may be just. (E. 861.) 353. The provisions of this Ordinance in respect to dis- covery and inspection shall, with the necessary modifi- cations, apply in intei'pleader proceedings, and the Judge be- fore whom the px'oceedihgs are had may finally dispose of the whole matter of the interpleader proceedings, including all costs not otherwise provided for. (E. 862 in part.) 354. In case the Sheriff has more than one writ, at the suit or instance of different parties, against the same pro- perty, it shall not be necessary for the Sheriff* to make separate applications on such writs or in each case ; but he CivU Jibstiee. 38y may make one application, and make 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. (R.S.M. 601.) 355. 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 property so taken, or the value thereof when demand- ed, permit the claimant to retain possession of the same until there shall 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 possession and custody of the said property, notwithstanding snch bond or security. Horses, cattle, sheep, or any perishable goods, the subject of inter- pleader, may, at the request of either party and upon hia furnishing 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 daj's notice of such sale unless any of the articles are of such a nature as not to ad- mit of that delay, in which case they may be sold forth- with. 356. The Court or a Judge may, in and for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable. (E. 864.) LUNATICS. 351. The word " lunatic," in the subsequent Sections of this Ordinance shall include an idiot or other person of un- sound mind. 358. In the case of lunatics and their property and estates, the jurisdiction of the Court shall, subject to the fol- lowing provi-sions, include that which in England is confer- red upoa the Lord High Chancellor by a Commission from the Crown, under the Sign Manual. 359. Proceedings in lunacy shall be by petition to the Judge, filed with the Clerk of the Court for that purpose. 390 . Civil Justice. rerified on oath, setting forth the grounds on which the ap- plication is made and the relation, connection of the peti- tioner to or with the alleged lunatic and his property and estate, as also a description and value of the same separa;- ting real and personal estate. (R. S. M., cap. 58.) 360. 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 enquire into the facts and hear such evidence under oath as may be adduced, and thereupon determine whether or not the person who is the subject of the enquiry is, at the time of such enquiry, of unsound mind, has property and is incapable of managing such pro- perty. (R S. M. cap. 58.) 361. 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. 36^. The Judge may order the issue of a Commission to take evidence to be Used on any such hearing, as in any or- dinary suit in Court, and all depositions taken thereunder shall be received in evidence at the hearing, saving all just exceptions. (R. S. M. cap. 58.) 363. In case the Judge shall determine such person to be a lunatic and that he has property, the Judge shall forth- with order the appointment, under the seal of the Court, of one or more persons as guardian or guardians to his estate. (R. S. M. cap. 58.) 364. On every such enquiry the alleged lunatic, if he be within the jurisdiction of the Court, shall be produced and examined by the Judge, unless such examination be dis- pensed with. (R. S. M. cap. 58.) 365. The Judge may order the costs, charges and ex- penses of and incidental to proceepings in matters of lunacy to be paid either by the party presenting the petition or the party opposing the same (if opposition is made), or out of the estate, or partly one way and partly the other. CR.S.M. Cap, 58.) Oivil Jv^tice. 391 366. In every case, unless otherwise specially provided by order of the Judge, the followiug provisions shall b« complied with: (1.) The guardian of the estate 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 personal estate and of the annual value of the real estate, for duly accounting for the same, once in each year, or oftener if required by the Judge or Court, such bond to be in a form, approved of by tlie Judge, to the Clerk of the Court and his sucessora in office, or legal assigns, which bond shall be filed in Court; (2.) The guardian of the estate shall, within six months after 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 ths 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 disooverad after 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 . guardian, taken before the Judge or Clerk of the Court. (R S. M. cap. 58.) 367. Whenever the personal estate of a lunatic is no* sufficient for the discharge of his debts, (1.) The guardian of tlie estate may apply by petition to the Judge for authority to mortgage or sell so much of the real estate as may bo necessary for the payment of such defets ; (2.) Such petition shall set forth the particulars and amount of such estate, real and personal, of the lunatic, the ap- plication made of any personal estate, and an account of th« debts and demands against the estate ; , ' (3.) The Judge shall make or cause to be made enquiries into the truth of the representations made in the petition, and hear all parties interested in the real estate ; (4.) If the Judge is satisfied, as to the result of such en- quiries, that the personal estate is not sufficient for the, pay- ment 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 por- ;iy2 Civil J It dice. tiou of it to be mortgaged or sold by the guaidian, 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 intestates' estates are distributed by Law, the guardian having first provided a bond, with sur- eties, similar in terms to that required by sub-section 1 of Section 366 of this Ordinance, for duly accounting for the proceeds so raised. (E. S. M. cap. 58.) 308. When the personal estate and the rents, profits and income of the real estate of the lunatic are insufficient for his maintenance or that of his family, or for the proper edu- cation of his children, or when for any other cause it shall appear desirable so to do, on application made by the guar- dian or by any member of the family of the insane person, the Judge may, after enquiry as hereinbefore piovided 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 re- quired by the preceding section. (R. S. M. cap, 58.) 309. The Judg;e may order such fees to the Clerk of the Court and costs of and relating to any petition, order, direc- tion and conveyance, including remuneration to the guar- dian, as he may consider reasonable, to be paid and raised from the lands, rents or personal estate of the lunatic in res- pect of whom the same may be respectively incurred, made or caused. (R. S. M. cap. 5. A judgment, order, decision, rule or verdict appealed from, or sought to be set aside, shall stand as if no notice of appeal, or notice of motion to set the same aside had been made or ffiven, 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 jf 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. COSTS. 450. Subject to the provisions of this Ordinance, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or Judge ;■ provided that nothing herein contained shall deprive an executor, admin- istrator, trustee or mortgagee, who has not unreasonably instituted, or carried on, oi- resisted any proceedings, of any right to costs out of a particular estate or fund, to which he would otherwise be entitled. 451. Provided also that generally in any action, cause or matter, the costs shall follow the even^. unless the Judge before whom the same is heai-d or tried, or the Court shall for good cause otherwise order. (E. 976.) 455J. When the plaintiff in any action resides out of the Territories, and the defendant, by affidavit of himself or his agent, allege.^- that he has a good defence on tiie merits to the action, the defendant shall be entitled to an order requir- ing 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 Civil JuMicf. ■til action be dismissed with costs, unless the Court or Judge, on special a.pplicabioh for that purpose shall otherwise order. 453. In any cause or matter in which security for costs is 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 shall direct. (E. 9cSl.) 454. Where a bond is to be 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.) 455. Where the Court or Judge appoints one of the advocates of the Court to be guardian ad litem of an infant or person of unsound mind, the 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 either 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 such costs as the justice and circumstances of the case may require. (E. 988.) 456. In all cases and proceedings, as also upon interlocu- tory applications, where a party becomes entitled to costs from any other party, the same shall be taxed by the Clerk in accordance with the authorized tariffs, unless the Court or Judge by order directs the payment of a sum in gross in lieu of taxed costs and by and to whom such sum in gross shall be paid. FEES. 451. Each Clerk .shall be entitled to receive and take the fees prescribed in the tariff" of Clerks' fees appended to this Ordinance, for the services therein named ; and for any necessary services performed not therein prescribed, such fees as may be authorized by the Judge. 458. Each Sheriff" shall be entitled to receive and take the fees prescribed in the tariff of Sheriff"s fees appended to this Ordinance, for the services therein named. 412 Civil Justice. 459. 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. 460. Witnesses, jurors, and interpreters and parties shall be entitled to the fees and remuneration named in the tariff of witnesses', jurors' and interpreters' fees appended to this Ordinance. 461. All fees and allowances respectively payable under the said tariffs 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 of ascertainment for any reason, then an amount, approximated by the officer or fixed by the Judge, shall be deposited or paid to be accounted for when the correct amount is ascertained. 46/S. In all causes and matters in which duly enrolled advocates, holding certificates as such, are employed, they shall be entitled to charge, and be allowed the fees in the "Advocates' Tariff" appended to this Ordinance, or as the same may be from time to time varied by the Judges of the Supreme Court in banc. 463. The Court in hanc may, by order, regulate fees for services performed by the registi-ars and other officers of the Court, as also fees to counsel and advocates practising therein. 464. In every contested case, so soon as an order has been made for setting the .same down for trial, as provided by this Ordinance, and the case is set down for trial, the party at whose instance the said order has been made shall pay to the Clerk, when the amount in dispute is under one hundred dollars, two dollars, and in all other cases, four dollars, as the setting down and hearing fee, — of which sum, when so paid, the Clerk shall pay over to the Sheriff one half, as and for his fee in the premises. 465. The Table of Fees in the Schedule appended to this Ordinance shall Ije and con.stitute the fees to be taken by Counsel, Advocates and Clerks of the Supreme Court res- pectively, for the services therein mentioned, in respect of appeals from convictions and orders of Justices of the Peace, Civil Justice. 4»13 and proceedings by way of certiorari to bring up convic- tions and orders of Justices of the Peace. 4C<». Where no provision is made herein for services in matters of certiorari, and appeals from convictions afoi'esaid, Counsel, Advocates and Clerks respectively shall be entitled to tax, receive and recover for services, not herein piovided for, fees equal to those allowed them respectively in civil suits, b}' the higher scale tariff of fees for Advocates appended to this Ordinance. FORMS. 4451. Tlie forms contained in the Appendix to this Ordin- ance shall be used in and for the purposes of the Clerk's office, with such variations as circumstances may require ; and as to all other matters the fuj'ms used in the adminis- tration of civil justice in England, as provided by " The Kules of the Supreme Court, liSSo," are hereby adopted, with such variations as will make them respecti\'ely applic- able to proceedings in the Supreme Court of the Territories, whetlier in banc or otherwise. MISCELLANEOUS. All actions and prosecutions to be commenced against 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 commenced and tried in the district.wherein'the act was committed, and must be commen- ced within six months after the act was committed, and not otherwise, and notice'in writing of such action an ] of the cause thereof must be given to the defendant one month at least before the commencement of the action. 469. If in any cause or matter relating to any real estate, in respect of which the Court has power +o order a sale, it shall appear necessary or expedient that the real e.state, or any part thereof, should be sold, the Court or Judge may order the same to be sold, in such way and on such terms as may be considered pioper, and any party bound by the order and in possession of the estate, or in receipt of the 414 CivU Justice. rent 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.) ALIAS AND CONCURRENT WRITS. 410. The expiry of any writ 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 necessary, and concurrent writs of summons may always be issued. COMMISSIONERS FOR TAKING AFFIDAVITS. 411. All duly enrolled advocates of the Territories shall be commissioners for taking affidavits in the said Territoi-ies. 413. The Lieutenant-Governor may, by a commission or commissions under his hand and seal, from time to time em- power such and so many persons as he thinks fit and neces- sary to administer oaths and take and recei%e affidavits, declarations and affirmations without the Territories in or concerning any cause, matter or thing depending or in any wise concernitig any of the proceedings to be had in the Supreme Court of the Territoiies, 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 affl)'mation had been administered, taken, sworn, made or afiirmed before a commissioner for taking afiidavits within the Territories or other competent author- ity of the like nature. (a.) The commissioners so appointed shall be styled com- missioners for taking affidavits in and for the Supreme Court of the Territories. PROCESS ISSUERS. 41"3. In any section of the Territories where the conven- ience 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 of original and tnesne processes signed by the Clerk, may issue the same under his direction from time to time, such process-issuer Givil Justice. 415 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. LAWS OF EVIDENCE. -414. Subject to the provisions of any Act of the Parlia- ment of Canada, and of this Ordinance, the laws of evidence, which govern the administration of civil justice in England, shall obtain in the Courts. MINORS. 415. Minors may sue for wages in the same way as if of full age. SITTINGS ADJOURNED. 416. Whenever from illness or other casualty, the Judge who should hold a sitting of the Court fails to attend at the time appointed therefor, the Clerk, at three o'clock in the afternoon of the day so appointed, shall adjourn such sitting by proclamation to some hour on the following day to be by him named, and so on fi-om day to day (but not exceed- ing 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 expiiu- tion of the said period of three days the said Judge has not arrived, or be still unable to attend, or he be otherwise di- rected, the Clerk shall adjourn the Court to the next regu- lar sitting of the same, and report his action thereon to the Lieutenant-Governor. SERVICE OF PLEADINGS, ETC. 411. Service of pleadings, notices, summonses, orders, rules and other proceedings, except writs of summons, at- tachment 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 t-o have been effected on the following day, and on Saturday the follow- ing Monday. (E. 971. in part.) 4 it; (Jiril Justice. 4 IS. In any case in which any number of days, not ex- pressed to be clear days, is prescribed in this Ordinance, the same shall be reckoned exclusively of the first day and in- clusively of the last day. (E. 972.) PROCEDURE IN CASES NOT PROVIDED. 41!) When no other provision is made by this Ordin- ance, the procedure and practice existing in England, on the first day of January, A. D. 1«85, shall (adapted to the cir- cumstances of the Terriiories) be held to lie incorporated as part of this Ordinance. BOOKS AND FORMS. 480. All necessary books and forms required for use in the Clerk's oiRce, shall be supplied out of the General Revenue Fund of the Territories, and the same shall be the property of the Government of the said Territories. RECORDS OF FORMER COURTS. 48 S. In case any of the records of proceedings and judgment in any cause in any Court of Civil Justice, which had jurisdiction in the Territories prior to the 18th day of February, IbiN?, are in the cu.stody or possession of any person, other than a Clerk of the Supreme Court, or a Judge thereof, the Judge of the Supreme Court usually exercising jui'isdietion in the Judicial District, within which any such records are .so held in custody or possession, may order and direct that any such records shall be delivered up to and be filed in the office of .such Clerk of the Supreme Court as he shall direct. 483. Any person, other than a Clerk of the Supreme Court or a Judge thereof, having in his custody or posses- sion any of the records of proceedings and judgment in such cause in any Court, which had jurisdiction in said Territories prior to said date, upon being served with an order issued under the next preceding clause for the delivery of any such records, shall, within seven days thereafter, deliver or transmit the same to the Clerk of the Supreme Court men- tioned in said order, and upon the refusal or omission of any such person to so deliver or transmit the same within Civil Justice. - 417 the time aforesaid, he shall be liable to be proceeded against for contempt of Court. \ACATION. 483. There shall be a vacation to extend from the fif- teenth day of July to the fifteenth day of September, iacl»- sive of both days, in each year. During vacation no eo»- tested business shall be transacted except such as relates to the liberty of the subject, and neither party to a suit, in which an appearance has been entered, shall be compelled to deliver any pleading. If the time for delivering a defence in a cause, in which the defendant has appeared, has not as- pired previous to the fifteenth day of July, it shall, without any order to that effect, stand extended \intil the expiration of Hve days after the last day of vacation. 484. Nothing in the preceding Section contained shall prevent the issue of process or the transaction of any busiue^ which may be done ex parte: or the entering of judgment by de- fault in any suit in which no appearance is entered, or interfere with the hearing during vacation of any cause or matter, nor shall this rule affect the validity of any p^oceBd^ ings had or taken during vacation by Order of the Court or a Judge authorizing such proceedings to be had or takrai notwithstanding the vacation. 418 Civil Justice. APPENDIX. CLERK'S AND SHERIFF'S OATH OP OFFICE. " I, do swear that I wiU truly and KithftiUy perform the several duties (if Clerk of the Supreme Court of She North- West Territories, . District, or of Sheriff of the Judidal District to which I have been appointed, without fear, favOT, or malice. So help me God. Sworn to before me, at \ IB the North-West Territories, this [ day of AD. 18 J WRIT OF SUMMONS. [n the Supreme Court of the North- West Territories, District. Between Plaintiff, and Defendant. Victoria (or the name of the reigning Sovereign, as the case may be), hy the Grace of GOD of the United Kingdom of Great Britain and Ire- land, QUEEN, (or as the case may be,) Defender of the Faith, &c., &c., &c. To the above-named Defendant : You are notified that the plaintiff has entered an action against you, in tlie 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 commanded that if you dispute the said claim, either in whole or in part, you do, within ten days from the service of this writ 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 dispute 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 AD. 18 Memoranda tu he endwrsid on writ. N.B. — This writ is to be served within twelve months .from the date thereofj or, if renewed, within six months from the day of the la»t renewal, including the day of such date, and not afterwatds. Civil Justice. 41 S This writ was issued by the plaintiff, who resides at and (if residence over three miles from the Clerk's office) whose " Ad- dress for Service" is at Or, This writ was issued by of advocate for the plaintiff, whose "Address for Service" (if the advo- cate's office is over three mUes from the Clerk's office) is at WRIT OF ATTACHMENT. In the Supreme Court of the North-West Territories, District. Between Plaintiff, and Defendant. VICTOBIA, (or the name of the reigning Sovereign, as the case may be,) by the Grace of GOD of the United Kingdom of Great Britain aud Ireland, QUEEN, (or as the case may be) Defender of the Faith, etc., etc., etc. To the Sheriff of the 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 be- longing 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 duly (within the time allowed by law) sue out their writs of attachment and prosecute the same to judgment. 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. 18 . Clerk of the Court. WRIT OF REPLEVIN. In the Supreme Court of the North-West Territories. District. Between Plaintiff, jind Defendant. VICTORIA, (or the name of the reigning Sovereign, as the case may be,) by the Grace of GOD of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be,) Defender of the Faith, etc., etc., etc. 420 CwU Just'^cf: To the Sheriff of the District. You are hereby commanded without delay to cause to be replevied to the plaintiff his goods, chattels, and personal property following, that is to say : which the said alleges to be of the value of dollars, and which the defendant hath taken and unjustly detains (or unjustly detahis as the case may be) as it is said, in order that the said plaintiff may have his just remedy in that behalf. Issued at thU day of A.D. 18 Clerk of the Court. BOND FUR REPLKA'IN. Kni'w all men by these presents, that we, A. B , of E. F., of and G. H. , of are joinv! y and severally lield and firmly bound to the Sheriff of the 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 us in the whole, our and every of our heirs, executors and administrator.s, firmly by these pre- sents, sealed with our seals, dated, this of one thousand eight hundred and Whereas the said A.B. has obtained a Wi-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 not prosecute his suit in which the said writ is issued with effect and without delay, or if suit is carried on and continued between the said A.B. and CD. touching the property of the said cattle (or goods) and the Court shall adjudge that the said cattle (or goods) shall be re- stored to the said CD. with damages for detaining the same, then if the said A. B. shall restore the said cattle (or goods) and pay and sat- isfy any judgment that may be obtained against him, this bond shall become void. Signed, sealed and delivered ~| L. S. in the presence of ]- L. S. . J L-S. (When the plaintiff himself does notjoiti in the bond, the form ntAnst he altered to conform to the fact.) Civil Justice. 421 WRIT OF EXECUTION. In the Supreme Court of the North-West Territories, District. Between Plaintiff, and Defendant. VICTORIA, (or the name of the reigning Sovereign, as the case may be,) bj' the Grace of God of the United Kingdom of Great Britain and Ireland, QUEEN (or as the case may be). Defender of the Faith, etc., etc., etc. , To the Sheriff of the District. You are commanded that of the goods (or lands, as the case may be) of in the .Judicial District, you cause to be made dollars and cents, which * lately by the judgment (or order, as the case may be,) 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 after the execution thereof, before the said Ci mrt at together with this writ. Issued at this day of A.D. 18 Clerk of the Court. GARNISHEE SUMMONS. In the Supreme Court of the North-We!(t Territories, District. Between Plaintiff and Defendant, and 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 ten days from the service hereof, to appear at the Clerk's Office, and state in writing whether or not you owe any, and if so, what debt to the Defendant, and why you should not pay the same into Court to the extent of the Plaintiff's claim. Issued at this day of A.D. To be indorsed same as a Writ of Summons. — No, 1, 2 or 3. 422 Civil Justice. ADVOCATES' FEES. GENERAL TARIFF. INSTRUCTIONS. 1. To sue in underended cases 2. To sue. in defended cases 3. To defend 4. For pleadings to b»^ allowed only once to the same party 5. For counter-claim, when such claim could not heretofore form the subject of a set off 6. For reply to such counter-claim. 7. To amend any pleading when such amendment proper .. . 8. For special case 9. To add parties by order of Court or Judge • 10. To add parties in consequence of death, marriage, assign- ment, etc 11. To defend added parties 12. For issues of fact 13. For every suggestion 14. For brief 15. To counsel in special matters 16. ** " common matters 17. For special affidavits when allowed by Clerk 18. For such other important step or proceeding in the suit, as the Clerk, or a Judge is satisfied, warrants such charges WRITS. 19. All wril s except subpoenas, concurrent and renewed writs. 20. Co'jcurrent, or renewed writs* 21. Subpcenas ad testificandum 22. Subpoenan duces tecum 23. If writ over four folios, additional per folio 24. For Ciich copy of writ 25. If over four folios, additional per folio 26. Service of each cop.v of writ when taxable to the advocate 27. For every mile necessarily travelled, in effecting such ser- vice .- 28. For service out of the jurisdiction, such allowance as the' Clerk or a Judge shall think fit DRAWING PLEADINGS, Etc. 29. .•'tatPmcnt of claim or defence 30. For every folio above 5, in addition 31. 6iatiemciit of defence and couiiter-ciaini 32. For every folio above 10, in addition S3. Reply and other pleadings for or on behalf of a piaintiff or defendant 34. For every folio above 5. in addition 35. Appearance, including attendance to enter 36. Petitions, is&ues for trial of fact by consent or order, special cases, interrogatories and cross-interrogatories and answers thereto, bill of costs and all other origina.1 docu- ments required in any suit or proceeding including en- grossing, per folio COPIES. 37. Of pleadings, briefs and other documents where no provi- sion made, and such copies necessary, per folio . . . 38. Of special and common Orders of Court 39. If over 4 folios, per folio in addition 40. Of summons or order of a Judge 41. If over 3 folios, per folio in addition Higher Lower Scale. Scale. ? cts. ? cts. 3 00 1 50 4 00 200 4 CO 200 1 50 75 2 00 1 00 2 00 1 00 200 1 00 2 00 1 00 200 1 00 1 00 50 2 00 1 00 200 1 00 1 00 50 2 00 1 00 200 1 00 2 00 50 1 00 50 1 00 2 00 1 00 2 00 150 1 00 50 1 25 70 20 10 1 00 50 10 10 1 00 50 2 00 1 00 20 20- 3 00 1 50 20 20 2 00 1 00 20 20 1 00 60 30 10 10 80 40 10 10 50 25 10 10 Civil Justice. 423 NOTICES. i2. In action for rei-overy of land, of defence for pari of pre mises when necess try <3. If above 3 folios, per folio in addition ...\ ...... ....... ...... 41, Notice by d ifeudant to tbird piirty under sectionb 16 and i'. to. All common notices and demands 46. If over 3 folios, per folio additional Higher Scale. $ cte. 1 00 20 1 00 50 20 Jjower Scale. 9 eta £0 .20 ao 10 u PERUSALS. 47. Of each pleading ns defined by this Ordinance 100 SO 48. (W special case or issue of fact, taxable to advocate of anv party ex ept the advocate by whom it is prepared ". 2 00 1 UO 49. Of iMterroKatories i>r Cross-Intcrroprataties 1 00 56 50. Of affidavits and exhibits of a party adverse in interest or produced on any application, where they exceed twenty folios, and where perus.ilFnecessary, per folio, over twen- ty folios 50 30 (Not in any case to exceed IJ5.00.) ATTE^nANCES. 51. Necessary attendance consequent upon service of notice to produce or admit or inspection of documents when pro- duced, including mikiiig itdmisiions 1 00 50 52. For summons in Chambers 1 ()0 69 53. Attending on return of summons before Judge I 00 30 54. To be increased in the disiretion of a Judge to .?2.00 55. A consultation or conference with counsel in special and im- portant matters in the disQretion of a Clerk or a Judge 2 00 1 09 56. Advocate attending Court on trial of cause when not him- self counsel or partner of counsel 2 00 108 57. To hear judgment when not given at the close of the argu- ment 1 2 00 100 58. On taxation of costs 1 00 50 69. For every hour after the first 1 00 50 60. To obtain or give undertaking to appear when service of summons accepted by advocate ] 00 50 81. Attendance on warrantorappointmentbefore Judge, Cerk, or Examiner, per hour 100 SO 62. Attendance in special matters, or on examination of wit- nesses, per hour 2 CO 1 00 63. Attendance to file or serve fiO 2» 64. Every other nec.ssary attendance 50 26 BRIEFS. 6-5. For drawing Brief not exceeding 5 folios 200 100 66. For every additional folio of original and necessary matti-r 20 29 67. Copies of documents per folio 10 TO 68. Copy of Brief for second Counsel, when fee taxed to him, per folio 10 10 AFFIDAVITS. 69. Drawing Affidavits, per folio 70. Engrossing same, per folio 71. Copies when necessary, per folio 72. Common affidavits of service, and of non-appearance.. . 73. Commissioner, or Notary, for each oath : . , . 74. do do for each Exhibit 75. Advocate for preparing each Exhibit 20 23 W 10 10 1« 1 00 m 25 25 10 10 10 10 JUDGMENT, RULES, ORDERS, Etc. 76. Fee on every judgment or order 1 00 60 77. Fee on every certified copy of pleadings when necessary 1 00 50 . 78. Fee on judgment in mortgage cases for foreclosure or sale.. 1 10 109 79. Drawing judgment or order or minutes thereof when pre- pared by the advocate, 'per folio 20 2«- 424 Civil Justice. Higher Lower Scale. Scale. $ cts. ¥ cts. £8. Ijotterto each defendant be(:)re suit, one letter to be allow- ed to any defendants who ire partners where suit re- lates to the partnership matters 50 25 K. €k>mrnon Letters, including nectssary agency letter.s 50 25 S2; Postage— the aninunt expended therefor COUNSEL FEES. Ml Fee on motion of course, or in matters not special 20O 100 St. Fee nn special application and motion-.. To be increased in th.e discretion of a Judge 500 300 SS. Fee on argument, or suppportiug, or opposing application fei the Gnnrt, or a .Judge, on argument of demurrer, spe -i tl case motion for new trial, or appeal 10 00 5 00 To be iticreised in the discretion of a Judge. tS. Foe with brief on assessment 10 00 5 00 W. Pee with brief at trial 10 00 5 00 To be increased at the discretion of a Judge, provided ghatnot more than one counsel fee shall he allowed in any case not of a special and important nature, and not mt^re than two in any case. IS. Fee attending upon teferences to Clerk or other person, or. aponexamuiition of witnesses, orwhen takingevide ce under order or commission, where attendance of coun- sel necessary 500 300 To be increased in the discretion of a Judge in special and important cases. m. Ob settling pleadings, interrogatories, special cases, or peti- tions, and advising on evidence in the discretion of a Judge, not exceeding 5 00 SALES BY ORDER OF THE COURT. 90. Drawing advertisement If over Ave folios, for each folio additional 9S* Copies per folio 85. Bach necessary attendance on trinter ■L Revising proof 9L Attending to settle advertisement 9&. Attending to make arrangements with auctioneer K^, Fee on condiicting sale when held where advocate resides •T,. n advocate engaged for more than three hours, each ad- diUonalhoiir 100 50 86. Fee on conducting sale elsewhere, when advocate attends with approval of Jud^e, in addition to necessary travel- ling and hotel expenses. For each day necessarily ab- sent in attending such sale 10 00 99. Wlien it h;ts been proved to the satisfaction of a Judge, that proceedings have been taken by advocates to expedite proceedings, save costs, or in com- promising actions, an allowance is to be made in the discretion of such Judge. 1. The lower scale of costs in the foregoing lariif shall apply to all cases in wliioh Ihe amount claimed, or the value of the property in dispute, or the value or smcmnt of the plaintiff's interest therein, as the case may be, does not exceed t»o hundred dollars ; and the higher scale shall apply in all other cases except •913 hereinafter otherwise provided. 2, If the plaintiif in any action, claims more than two hundred dollar*, and utxm thii trial, or other determination of such action, shall be found entitled only : to a sum, or value less than two hundred dollars, he shall not be entitled to costs in the hisrher scale, except where the amount of his claim has been reduced be- fow two hundred dollars by set-off, or counter-claim, but where a defendant in *rty Huah action becomes entitled to tax costs against the plaintiff, such defend- ant shall be (entitled to costs in the higher scale. « cts. i Ota. 200 1 00 20 20 10 10 50 25 1 00 50" 1 00 50 1 00 58 500 3 00 Civil Justice. 425 3. If the plaintiff's claim in any action does not exceed two hundred doUa' a in amount oi' value, and the defendant by his counter-claim, claims from the plaintiff a sum or value exceeding two hundred dollars, the action shall therj-af ter pr.>oeed under the higher scale, but such defendant shall not be entitled to costs in the, higher scale, unless he has shown he is entitled in respect of such counter-claim to an amount or value exceeding two hundred dollars. i. The Coiirt or Judge may, in their or liis discretion, direct that thecosts of any party or parties shall be taxed either in the higher or lower scale as against nny other party or parties, or that a lump sum shall be paid to any party in lieu of costs, and may adjust the costs as between all or any of the parties by way of de- duction or set-off, and may dii-ect that no costs shall be taxed or allowed to any party or parties who would otherwise be entitled thereto. SPECIAL TARIFF FOR LIQUIDATED CLAIMS IN UNDEFENDED OASES. Where claims sued for are tor debts or liquidated demands in which advocates are employed and final judgment is entered by default of appearance, the follow- ing scale of advocates' fees shall apply, unless otherwise ordered by a Judge and be alio wed to plaintifFs recoverable from defendants ; Where the Judgment entered is for .?50.00and under, the advocate's fee shall be a lump sum of $5 00, where it exceeds ?oO.OO, a lump fee equal to ten per cent, on the amount recovered up to ?200.00 ; and five per cent, for all excess over $200.00 up to $500.00 ; from 5500 to $1,000 2.i per cent. ; and one per cent, beyond that amount, but such fees shall in no case exceed $100.00. In cases where the debt sued for is settled after writ and before appearance, the advocates' fee recoverable from and payable by defendant shall be one half or the above ; In all cases (Uerks', SheriflS', oi service fees allowed by a Judge, to be added. 426 (Jivil Jastice. SHERIFFS' FEES. ClasaA. Class B. :s. $ cts. 75 50 25 25 25 25 25 25 75 50 I. For receiving, entering, and endorsing every summons, writ andotherprocessissuedoiitof a Court, and order ur other $ cts._^ dOLUiuent signed by a Judge requiring service 2. Every return of all processes and wrjts, except subpoena .. 3. Every altlddvitof service exclusive of fee paid Commission- er, Notary or J. P i. Paid Oath 5. Fee on every service except subi oena 6. For service of summons on each Juror, and service of sub- poena on each per son named therein 50 50 7. Every warrant to execute any process, when given to a Bailiff 50 50 8. For every arrest under warrant, bond required to be t 'ken to the Sheriff fr securing goods attached, indemnity or other purposes 9. For assignnjent of replevin bond 10. For executing every writ of possession or restitution II. Eor del ivei-ing goods replevied to a plaintiff 12. For every search (not being by a party to the cause or his advucate) 13. For ever.v certiflcxle when required And for every certificate when required under seal, in- cluding search 14. For seizing cstai e or effects under attachment or execution. 15 For notice of sale of goods 16. Each copy, not e.xceeding seven each 17. For notice of Sale of Lands 18. Each copy nit exceeding three 19. For every notice of postponement, including copies 20. For every schc- diile of goods taken in execution or seized under attachment including copy for party whose goods are ia.kcn or seized (when not exceeding 500 words) 21. Every 100 wordsover 5()0 22. For making every afRdavit{other than of service) besidesfee paid out for oath 50 50 23. Formileagofor every mile necessarily travelled and sworn to in serving and executing stmimons, writs and other processes and papers of every description from the place where the same are severally received or the SlierifT's office (whichever is nearest) to the place of service or execution as aforesaid and return 15 16 24. For poundage on executions and atiachments in the nature of execution when the sum realized shall not exceed 8400, five per cent. Ditto, when the sum realised is over $400, and does notcxceed $4,000, five per cent, for ?400, 2i percent, for the.balance up to $4,000, and when the sum realized is over $4.000, 11 percent, for the balance 25. Bosidi s such sunrs as may be actually disbursed foradver- tis.Tig in such cases required bylaw, and such sums for care and removal of property seiwd or taken as may bo approved (in each case) by the Court or a Judge. 26. Fordrawini.' up advertit-oment whin required bylaw to be publishcfi or posted up, including necessary copies. 1 50 1 50 27. For briiieingup prisoner on attarhiijCut or habeas corpus^ besides travel, at 20 cents pev mile 150 100 28. Postflge when necessary. 200 2 00 1 00 50 4 00 200 4 00 2 00 50 30 50 50 1 00 1 00 2 00 1 00 75 50 10 10 100 100 25 10 50 25 1 00 1 00 20 10 Civii Justice. 427 CLERK'S FEES. 1. Receiving and entei'inK in rlocket every claim for suit. 2. PreparingandissuingMinimonsorotlier original process 3. Each copy of above when required 4. Each copy of claim when not provided by party apply- ing for process, and 10 cents per folio of 100 words, 'if over two folios 5. Entering any appearance or dispute 6. Entering every judgment or verdict, including nee 36- aary filing -. . 7. Taxation of costs, except when a lump sum allowed Every hour after the first hour 8. Preparing special Jury list for striking Jury panel 9. Ever>- origina subpoena 10. Every copy of subpoena when required 11. Every liling 12. Every summons to show caus i 13. Every Judge's order, garnishee summons, writs of re- plevin or attachment 14. Every execution or other final process, or renewal thereof If over three folios, per folio in addition 15. Every search 16. EveiT search by person not a party to suit > 17. Examining every affidavit necessary for the issue of process 18. Every commission or exemplification of judgment If ovi'r Ave folios, per folio 19. Setting down cause for trial or argument 20. Taking accounts under Jndge'n order, or reference or examination of witnesses, per hour 21. Every appointment 22.-Every affidavit 2X Every certificate, with or without seal of Court 2i. Certifying five appeal books ., Copies of cidence or papers filed, per folio 25. Every certificate of naturalization In cases for recovery of land, or where title to land is in question, as also inter- pleader cases instituted by parties other than the Sheriff or oflicer acting under proccs;5, unless otherwise ordei-ed by the Judge, who tried the case, the highest scale is fo apply ; and in Interpleader by the Sheriff or officer acting under pro- cess, to be regulated by the amount of the plaintifl's claim, or judgment. In Garnishee Proceedings the scale of fees chargeable to be ascertained by the amount of the primary creditor's claim or judgment. In Replevin by the value of the property sought to be replevieH, as sworn to by or on behalf of the plaintiff. Allowance for other services to be specially fixed by a Judge., taking the general tariff of Clerk's Fees as guide. PROBATE FEES TO CLERK OF COURT. On every grant of Probate, Letters of Administration or Guardianship, inclu- ding filing of Record, all papers preparing Probate or Letlers presenting to Judge, aud getting signed and recording same. $ cts. When property de volving is S500 and under 5 00 " is under $1,000 and over $500 7 50 Over ?1,000 10 00 Searches and Certificates, each 50 p to From Over 100 100 to 200 200 S cts. , S cts. ¥ cts. 25 50 75 1 00 2 00 300 25 50 75 25 10 60 50 1 00 2 00 1 00 2 00 300 50 100 2 00 1 00 1 50 2 00 3 00 50 1 00 1 50 15 30 M 10 10 10 25 fO 75 SO 75 1 00 75 1 50 2 00 10 20 20 25 25 25 50 50 50 50 , 75 1 00 60 1 00 2 00 10 10 10 .50 1 00 2 00 75 1 00 1 50 10 20 30 25 25 25 50 1 00 1 00 10 00 10 10 10 1 00 428 Civil Justicf. FEES TO ADVOCATES AND COUNSEL IN MATTERS OF CKRTIORARI AND APPEALS FROM CONVICTIONS. i r-.ts. 1. Taking instructions 3 00 2. Attending to bespeak, and for copy of depositions and conviction, or minutu of jnd^rinent 30 3. Notice of appeal and copy _ 1 00 i. Preparing: I'ecognizance, including all attendances Hnd affidavits in con- nection ilici'*with 3 00 5. If appellant deposit in lieu of -iccuriiy, all attendances 2 00 6. Attendin!< to set down appeitl . . : 50 7. Rcspondcnt'.s advocate af.tentling to see if appeal rntered for trial 50 8. Respondent's advocate examining recognizance and papers filed 1 00 9. Every other and ordinary necessary attendance ' 50 10. Every necessary notiSe. including copy 50 11. iJounsel f«e on hearing 10 00 12. Attending to hea.r judginent, wtien reserved 50 13. AlB.lavit of disbursem^^nts, including copy and service 1 00 14. Ea'^b ne- essary copy of S'lbpcena aO 15. All allowance to witnesses, the same fees and charges as allowed in civil cases. 16. Necessary disbursements paid to proper oflicers and postage, the same an allowed in civil cases. N. B. — The Judge may, in his discretion, allow an inc.reased fee to Counsel in & proper case. FEES TO CLERKS. 1. Receiving, filing, and entering in a proper Docket, each Notice of Ap- peal and all subsequent proceedings from any judgment on conric- tion by one or more Justices of tlie Peace, when an appeal to the Judge is given by law, (to be paid in the first instance by the party? eta. appealing) 2 00 2. When appeal called on, reading the conviction. Notice of Appeal and RecoKnizance and all other services at the trial of such appeal case, including the reci'iving and recording the judgment (to be paid in ad- vance by the appellant when he enters the appeal) 2 M 3. Issuing every subpoena I 00 I. Iss lins'prooess to enforce the order or judgment of the Court 1 00 4. Certified copies of deposilions, examinations, con-victions, judgraentsand other papers when required (to be paid by the party applying,) per folio of 100 words Ij 6. Every search : 2i 7. Every C>irtifloate of Judgment on appeal when necessary 1 00 8. Taxing Costs 1 00 CHAPTER 59. AN ORDINANCE RESPECTING SCHOOLS. Title of Ordinance, s. 1: Definition of School District, s. 2. Ratepayer, s. 3. Board c.f Education, ss. 4. to 13. Secretary, sa. 14 t'l 16. School Districts, ss. 17 to 23. First School meeting, ss. 24 to 28. Fitst Election of Tiusteea, ss. 29 to .'io. Proclaniatii n, ss. 35, 30. Separate Schools, ss. 37 to 41. Alteration in limit of School Dis- tricts, s. 42; Annual Election of Trustees, ss. 43, 4i. Election of Auditor, s. 45. Minutes of Meetings, s. 46. Trustees to be a Olorijoiatiim, s.47. Board of School Trustees, s. 48. Outhouses, s. 48, sub-s. 16. Board may borrow money, s. it). Quorum, s. 50. Penalties, s. 51, also ss. 65 to 71. Resignations, s. 52. Vacancies, s. 53. Election of Chairman, s. 54, s. 55, Appointment of Secretary, s. 54. Appointment of Treasurer, s 54. Illegal Meetings, a. 56. Duties of Chairman, s. 57, sub-ss. 1, 2, 3. Secretary, s. 58, sub-ss. 1 to 5; sb. 69, 60. Treasurer, ss. 61 to 64. When Disorganized, s. 72. Teacher, ss. 73 to 75. Conduct of School, ss. 76 to 82. Grants may be wi'hheid, s. 83. Religious Instruction, ss. 84 to 87. No fees can be charged Ratepayers, s. 88. Inspector of Schools, s. 89. Aid to Schools, ss. 90, 91. Assessment, ss. 92 to 97. Property liable to taxation with ex- emptions, ss. 08 and 99. Assessment of real and personal ].a-opei-ty, ss. 100 to 106. Court of Revision, ss. 107 to 112. Rate of Assessment, s. 113. Collection of Bates, ss. 114 to 146. Incurring debt, ss. 147 to 161. Teacher's Certificates.ss.l62 to 164. Annual School Meeting, ss. 165 to 167. Deferred School Meetings, s. 168. Miscellaneous, ss. 169 to 176. Union Schools, ss. 177 to 180. Compulsory Education, ss. 181 to 185 Appendix, Forms A, B, C, D, E, F, G, H, I, J. 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 ance." The School Ordin- 3. The expression " School District," means any tract of land declared by the Lieutenant-Governor, as hereinafter provided, to be a school district. 430 Schools. 3. The' expression " ratepayer," when used in this Ordin-" ance, means any person liable for the time being to pay ' rates for school purposes. 4. The Lieutenant-Governor, in Council, may appoint and constitute a Board of Education for the North- West Terri- tories, composed of eight members, to hold office for two years and until their successors are appointed, live of whom shall be Protestants, and three shall be Roman Catholics. 5. The Board- shall meet at Regina on the third Tuesday in January and July in each year, and at such other times as the Lieutenant-Governor may direct. 0. A majority of the Board shall be a quorum. 7. The Members of the Board shall be paid ' for their services four dollar.s for each day of attendance at their meetings, and their actual travelling expenses. 8. Any Member of the Board absenting himself from the meetings of the Board, or from the meetin_;s of his section, as hereinafter defined, for twelve months, shall forfeit his seat, and the other members of the section, to which the member so absentiii'^' himself belongs, shall notify the Lieutenant- Governor of the vacancy so caused, and the Lieutenant- Governor, in Council, shall appoint his successor ; and, in the event of any member dying, or resigning his seat, or leav- ing the Territories, another member shall, in like manner, be appointed in his place. 3. The Board shall appoint one of their number as Chairman, who may vote with the other members of the Board on all question-:, and any question, on which there is an equality of votes, shall be deemed to be negatived. (1.) In case of absence of the Chairman from any meet- ing of the Board, the then assembled members shall elect one of their number to act in that capacity, who shall, for the time being, possess the same power.? and pi-ivileges as the Chairman. 10. It shall be the duty of the Board : — (1.) To prescribe the duties of the Secretary to the Board; Schools. 481 (2.) To make regulations for the registering' and report- ing of the daily attendance at all Schools, and to prescribe the form of School register ; (3.) To cause a proper record to be made of the proceed- ings of the Board ; (4.) To determine all appeals from the decisions of Inspectors of Schools, and to make such orders thereon as may be required ; (5.) To provide for an uniform system of inspection of all Schools, and to make, from time to time, such regulations as may be deemed necessary with respect to the duties of Inspectois ; (a.) The remuneration of Inspectors whall be at the rate of twenty dollars per annum for each organized School within their Inspectorates open during the year or in any part thereof. For travelling expenses, they shall be allowed five dollars for each day absent in the discharge of their duties ; but where the railway is used, they shall be allowea the actual fares paid on such railway and such necessary ex- penses as the Board of Education, through its Secretary, may approve. (6.) To arrange for the proper examination, grading and licensing of Teachers and the granting of certificates, which shall be of six classes, viz., First Class (two grades). Second Class (two grades), Third Class and Provisional ; And for such Schools as are not designated Protestant or Roman Catholic ; (7.) To take charge of all such Schools organized under this or any previous Ordinance, and to make, from time to time, such regulations as may be deemed fit for their general government and discipline, and the carrying out of the pro- visions of this Ordinance ; («.) To appoint Inspectors, who shall hold office during the pleasure of the Board ; (9.) To select, adopt and prescribe an uniform series of text books to be used in such Schools ; (10.) To cancel the certificate of a Teacher upon sufficient cause. 1 1 . The Board of Education shall resolve itself into two sections, the one consisting of the Protestant, and the other of the Roman Catholic inembers' thereof , and it shall be the duty of each section : ( 1 .) To have under its control and management the Schools 432 Schools. of its section, and to make, from time to time, such regula- tions, as may be deemed fit, for their general goverament and discipline, and the carrying out of the provisions of this Ordinance ; (2.) To select and prescribe em uniform series of text books ; (3.) To appoint Inspectors, who shall hold office during the pleasure of the section appointing them ; (4.) To cancel the Certificate of a Teacher upon sufficient 13. There shall be a general Board of Examiners for Teachers' certificates, ^^'host■ nvimber shall be fixed by the Board of Education, and whose remuneration shall be the same as that of Members of the Board of Education, one half of which Board of Examiners shall be nominated by each section of the Board. IS. Each section of the Board shall have the selection of text books for the examination of Teachers in history and science, and it shall have power to prescribe any additional subjects of examination for the Teachers of Schools of its section, and in all examinations on such subjects the exam- iners of each section shall respectively have exclusive juris- diction. SECIRETAHY TO THE BOARD. 14. The Lieutenant-Governor, in Council, shall appoint a Secretary to the Board of Education and provide for his salary, whose duties, except as hereinafter provided, shall be such as are imposed by the Board 1 5. It shall be the duty of the Secretary to call all meet- ings of the Board of Education, and of the sections thereof, in accordance with the provisions of this Ordinance, and also to call any School meeting required to he held under this Ordinance, when the parties, who are otherwise invested with the power to do so, either neglect or refuse to exer- cise it. 16. In the event of the resignation or death of the Sec- retary, the Lieutenant-Governor, in Council, shall appoint his successor. Schools. 433 SCHOOL DISTRICTS. 1 7. The name of every School District created under this Ordinance shall be " The (here insert the name chosen as hereinafter provided) School District No. (given by the Lieutenant-Governor) of the North- West Territories." 1 8. A School District, whether Public or Separate, shall comprise an, area of not more than twenty-five square miles nor more than five miles in breadth or lengthy exclusive of road allowances, and shall contain not less than four resident heads of families, and ten children of "school age," ■which shall mean between the ages of five and twenty inclusive. FORMATION OF SCHOOL DISTRICTS. 1 9. Any three ratepayers, two of whom shall be heads of families, resident in any district, fulfilling the requirements of Section 18 of this Ordinance, may be formed, or may form themselves into a Committee to procure its erection into a School District, and may petition the Lieutenant- Governor for such erection. 20. The petition shall set forth : (1.) The proposed name, limits, location and approximate area of the proposed school district ; (2.) The total population, and the number of adults and children (from 5 to 20 years of age inclusive) resident with- in the proposed district ; (3.) The total number of ratepayers in the district, and the number of Protestant and Roman Catholic ratepayers respectively; Ajud such petition shall be accompanied by a sketch, plan or map of the proposed district, showing its boundaries, princi- pal legal sub-divisions, physical features and general location; aad in case of rural school districts, the sections, half or quarter sections on which the children of school age reside. 3 1 . The petition must be accompanied by an affidavit of the several members of the Committee, that the said members are bona fide resident ratepayers of the proposed school dis- trict, that two of them are heads of families, and that the statements made in the petition are correct. 434 SehooL.'i. "i'i. On receipt of a petition for the lii-ectiou of a school district, the Lieutenant-Governor shall take such steps as he may think advisable to determine whether or not there are any objections to the limits of the proposed district, and shall notify the petitioner-s of his determination. 33. On receiving the appros'al of the Lieutenant-Gover- nor to the limits of any proposed district, a notice, in Form A, in Schedule annexed hereto, calling a meeting of the ratepajrers, shall be posted up by the petitioners in at least five widely separate places within such limits, one of which shall be the Post Office therein, or nearest thereto, at least two weeks ne.Nit preceding the date of said meeting : (L) A certified copy of such notice, together with an affi- davit by a Member of the Committee that at lea,stfive such notices h&ve been posted, as hereinbefore provided, shall be forwarded to the Lieutenant-Governor. FIRST SCHOOL MEETIXG. '44. At the hour appointed in the notice of the Committee calling the tirst school meeting, the ratepayers present shall 0]-ganize the meeting by appointing a Chairman and Secre- tary. 35. The Chairman shall decide all questions of order, subject to an appeal to the meeting, and in case of an equal- ity of votes, he shall give the ca.sting vote, but he shall have no vote except as Chairman. 36. The Chairman shall take the votes in the manner de- sired by a majority of the ratepayers present; but he shall, at the request of any two ratepayers, grant a poll for re- cording by the Secretary, the names of the voters present ; •such poll shall close at -5 o'clock p.m. 3'?'. If required by any person present, oi- of his own ac- corji, if deemed advisable, the Chairman shall administer tj*« oath prescribed in notice in Form A in the Schedule annex- ed hereto. 38. Jf the majority of votes taken at this meeting is ag3,inst the erection of a School District, the Ch^iirm^i shall notify the same to the Lieutenant-Governor. ■ . So soon as the majority of the ratepayers at the first school meeting have decided in favor of the erection of the School District, the ratepayers present shall, by a majority of votes, elect from the resident ratepayers in the district, three Trustees. 30. The Chairman at the tirst election of Trustees shall not be eligible for the office of Trustee. 31. Every ratepayer shall have a^ many votes as there are Trustees to be elected, Ijut shall in no case vote more than once for one candidate at the same election. li'i. The Trustees elected at a first school district meeting shall be declared to hold office as follows: — ( l.) The candidate receiving the highest number of votes, either by polling or show of hands, as the case may be, or the first one nominated, if uo vote has been taken, shall be 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 tlie third highest number of votes, or the third in order of nomination, shall be elected to serve untd and including the thirty -first day of December following the election ; (4.) 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 of 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 elec- tion ; and the tii'st Trustee shall continue in office until and including the thirty-first day of December of the third year following the election ; , (5.) Provided always, that the Trustee going out of office, shall remain in office until his successor is elected. 436 Sdiools. 33. Every Trustee shall, before taking office, make the following declaration before the Chairman: " I, 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 de- volving on me as such Trustee during the term fi r which I have been elected, m accordance with the School Ordinance. " (1.) The Chairman .shall thereupon grant him a certificate of election in the following form : " I, A. B., do hereby declare that (give name, residence and occu pation of person mentioned) elected Trustee for (give name of School District) has this day made before me the declaration of office, as prescribed by the Ordinance in that behalf. (Signed.) A. B., Chairman. Dated, 34. The Chairman shall, within ten days after the date of the election, send to the Lieutenant-Governor a certified copy of the minutes of the meeting, and a declaration made before a Justice of the Peace, stating the names and ad- dresses of the Trustees elected, and that they have fulfilled the requirements of the next preceding section. PROCLAMATION. 35. On receiving the report of a first school meeting and the declaration of the Chairman, the Lieutenant-Governor shall, if the majority of the votes at the School District meeting has been in favor of the erection of the School Dis- trict, forthwith proclaim the District a School District in accordance with the terms of the petition addressed to him in that behalf, with such number as he may see fit, and in manner as hereinafter provided. 3tt. The. proclamation of the Lieutenant-Governor erec- ting any School District shall set forth : (L) The name in full, number, situation and limits thereof ; (2.) The date and place at which the meeting of rate- payers and the election of trustees was held.; (3.) The names of the elected trustees. Schoolb. 437 3T. In accordance with the provisions of " The North- West Territories Act," providing for the establishment of separate Schools, it shall be lawful for any number of the ratepayers, whether Protestant or Roman Catholic, the same being a minority of the ratepayers resident within the limits of an organized public School district, to establish a Separ- ate School therein, by proclamation of the Lieutenant-Gov- ernor, with the same rights, powers, privileges, liabilities and method of government as herein is provided in the case of public School di'itricts. _38. The petition for the erection of a Separate School District shall be signed by three ratepayers, two of whom shall be resident heads of families, of the religious faith in- dicated in the name of the proposed district, and shall set forth : (a.) The religious faith of the petitioners ; (6.) The proposed name (stating whether Protestant or Roman Catholic) of the district ; (c.) Its proposed limits, definite location and approximate area ; {d.) The total number of heads of families and of children of school age of the religious faith of the petitioners residing within the limits of the proposed district ; And such petition shall be accompanied by a sketch, plan or map, as is required in the ease of a public School district, and also by an affidavit of the petitioners verifying the faces set forth in their petition. 29. The notice calling a meeting of the ratepayers for the purpose of taking their votes on the petition for the erection of a Separate School District shall be as in Form A of the Appendix to this Ordinance ; and the proceedings subsequent to the posting of such notice, including the issuing of the Lieutenant-Governor's proclamation, shall be the same as in the ease of a public school district. 40. The persons qualified to vote for or against a petition for the erection of a Separate School District, shall be the ratepayers therein being of the same religious faith as the petitioners. 41. After the establishment of a Separate School Dis- trict uader the provisions of this Ordinance, such Separate 438 Schools. School District shall possess and exercise all rights, powers, privileges and be subject to the same liabilities and method of government, as is herein provided in respect of Public School Districts ; and all property within such Separate School District belonging to or held by ratepayers of the religious faith indicated in the name of such IDistrict, shall be liable only to assessments such as they impose upon themselves in respect thereof. ALTEEATIONK IN LIMITS OF SCHOOL DISTRICTR. 4'i. The Lieutenant-Governor shall have the power to alter the boundaries of a School District, by adding thereto or taking therefrom, or to divide one or more existing School Districts into two or more Districts, or to unite portions of an existing District with another Disbitt, or with any new district, in case it has been satisfactorily shown before him 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. ANNUAL ELECTION OF TRUSTEES. 43. The regular annual election of a School Trustee to fill the vacancy which occurs yearly under the provisions of Section 32, shall take place after the reports required by Section 165 of this Ordinance, have been submitted at the annual meeting of ratepayers, and such reports '^hall be submitted to the ratepayers at the houi' of ten in the fore- noon ; and in the event of a poll being demanded for the election of such School Trustee, the same shall be opened and held on the same day and shall close at five o'clock in afternoon of the same day, unless a majority of the rate- payers present shall postpone such election for a period not exceeding one week, and in such case the poll shall be open- ed at ten o'clock in the forenoon and shall close at five o'clock in the afternoon. 44. Trustees shall be resident ratepayers. ELECTION OF AUDITOR. 45. At the annual meeting an Auditor shall be elected by .SrluHil.s. 439 the ratepayei-s, to audit the aceouuts of the District for the ensuing year, and report the ivsult thereof to the next an- nual nieetintf. MINUTES OF MEETINGS. 4(J. A correct copy of the proceedings of every School meeting, signed by the Chairman and Secretary, shall be forthwith transmitted by the Secretary of such meeting to the Secretary of the Board of Education. TRUSTEES OF EVERY SCHOOL SHALL BE A i :ORPORATI< >N. 41. The Trustees of even- Public School District, and the Trustees of evi ly Separate School District, shall be a Body Corporate, and as such Body Corporate shall have all rights and l)e subject to all the liabilities of a Corporation at Common Law, and,shnll have full power to acquire, hold and alienate both real and pei-sonal estate for all School purposes, and by the same name, they and their successors shall have perpetual succession, and they shall have full poiver to sue and be suerl, implead and be impleaded, answei- and be answered unto, in all Courts and in all actions, cavises and suits at L-iw and in E()uity 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 Vjy donation, acquiring, holding, dis- posing of and conveying any property, real or mo\'able, for the use of the said School District, or Separate School District, as the case niay be, and of becoming p arties to any contracts or agreements in the management of tlie affairs of the said School District, or Separate School District, as the case may be, and of negotiating loans and boi-rowing money upon the credit of such Corporation, for the purpose of defraying any expenses necessarj^ for the carrying on of the busines-i of such Corporation, subject always to the Regula- tions anr! re(]uirements of this Ordinance. BOARD OF SCHOOL TRUSTEES. 48. It shall be the duty of the Board of Trustees of every School District to : (1.) Select and acquire a school site, which shall be in the centre of the district, or as near thereto as the securing of a dry, healthy and suitable location will permit ; 440 Schooh. (2.) Engage a qualified teacher, or teachers, oa such terms as the Board may deem expedient : the contract shall be in writing, and may be in Form B in the Schedule annex- ed hereto^ and a certified copy of such contract shall be at onco forwarded to the Secretary of the Board of Education; (3.) To take possession and have the custody and safe keeping of all School property, which has been acquired or given for School purposes to their district ; (4.) To do whatever they may judge expedient with regard to building, repairing, renting, warming, furnishing, and keeping in order, the School house or School houses in their District, its or their furniture and appendages, and the School lands and enclosures held by them, and for procuring appai-atus and School books for their School ; (5.) Make such assessments on real and personal property of the District, and levy such taxes as may be necessary to deirshy ali lawful expenses and liabilities of the School District for the year or that part thereof for which such taxes are required to be levied,;, (6.) Inspect the School, see that good order is kept and proper instruction is given, and dismiss the Teacner or any of the pupils for misconduct or immorality ; (7.) To keep a record of their proceedings, signed for each sitting by the Chairman and Secretary, and to see that true accounts both of the School and District are kept, and the affairs of the District generally are conducted in the manner provided by this Ordinance, and with a due regard to efficiency and economy ; the accounts shall, at all reasonable hours, be open to the inspection of the ratepayers of the School District ; (8.) Select all the books, maps and globes, to be used in the Schools, under their control, from the list of those au- thorized by the Board of Education or Section thereof; (9.) Provide, free of cost, out of the funds of the District, books and slates for the use of the children, resident within the District and attending School, whose parents are unable, through poverty, to procure the necessary books and slates for them, the right to such books and slates to rest in the School District; (10.) Provide, when deemed expedient, a suitable library for the School District, making such regulations as to lend- ing and the prevention of loss or damage to the books of such library, as they may think fit ; (11.) Enter into a contract to have a School-house,"built Schools. 441 payment for which may be made in a term of years (not exceeding five years) in annual or semi-annual payments. Such indebtedness not to exceed $500.00, nor the rate of in- terest to be more than eight per centum per annum ; (12.) Procure a Corporate Seal for the District; (13.) To see that all reports required by this Ordinance, or by the Regulations of the Board of Education, or Sections thereof, are transmitted without delay to the Secretary of the Board of Education ; (14.) To call special meetings for any purpose whatever, whenever required to do so by the majority of the rate- payers or the Board of Education ; -^ (15.) To appoint a Returning Officer to preside at all elec- tions except as otherwise herein provided under this Ordin- ance. OUTHOUSES. (16.) There sliall be separate buildings for privies for boys and girls respectively. 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 effectu- ally screened from each other. 49. The Board of Trustees of any School District may authorize the Chairman and Treasurer thereof, to borrow from any person' or Bank, or Cerporation, such sum of ' money as may be lequired to meet the expenditure of the School District until such time as the taxes levied therein can be collected ; or, in the case of School Districts situated within a Municipality, until such time as the Municipal Council can pay the School taxes to the Trustees ; such authorization shall be by by-law of the Board of Trustees and shall be under the Seal of the Corporation. 50. A majorit}- of the Board of Trustees shall constitute a quorum at all meetings ; provided that in case the num- ber of Trustees is reduced to one, that one shall be held to be a quorum until other members are elected. 51. Any person eligible and elected to the office of School Trustee, who refuses to serve as such, shall forfeit the sum of Twenty dollars and his neglect or refusal to take the declaration of office within eight days after his election, if resident at the time within the district, shall be construed 442 Schools. as sueh refusal, after which another person shall be elected to fill the place ; but no School Trustee shall be re-elected, except by his own consent, durina; the four years next after his going out oF office. 53. Any person chosen as Trustee may resign with the consent expressed in writing of his colleagues in office, but such resignation shall only take effect upon the election of his successor, (see Form C in Schedule annexed hereto), and a continuous non-residence of three months, or conviction of any felony, shall cause the vacation of his office. 53. In all cases of vacanc}' another Trustee shall be elected at a meeting called by the Trustees, or Trustee remaining in office, and the person so elected shall hold office for the unexpired term of the Trustee whom he replaces ; provided, if the vacancy is not filled within one month, the Lieutenant-Governor niav appoint some (lualiiied person to fill it. ELECTION OF CHAIRMAN. 54. The School .Trustees shall meet within ten days after their election, for the purpose of choosing one of their num- ber as Chairman, and appointing a Secretary and a Trea- surer, and transacting such other business as may be reijuired. (1.) In case of absence of the Chairman from any meet- ing of the Board, the then assembled School Trustees shall elect one of their number- to act in that capacity for the time being, who shall then be vested" with the same powers and privileges as the ordinary Chairman. 55. In the meetings of the School Trustees all questions shall be decided by the majority of the votes, and the Chairman shall have the right to vote, but in case of an equality of votes the question shall be decided in the nega- tive. MEETINGS ILLEGAL UNLESS PROPERLY CALLED. 5G. No act or proceeding of a Board of Trustees shall be deemed valid or binding on anj^ party which is not adopted at a regular or special meeting of the Corporation, of which notice .shall have been given by eithei- one of their body, or Schoois. 443 the person chosen by them to act as Secretary, to all the Trustees, and a niujority of the Trustees at such meeting shall have f\ill authorit}^ to perform any lawful business. DUTIES OF CHAIRMAN. 51. The Chairman shall : — (1.) Have general super-vision of the affairs of the Dis- trict : (2.) Certify all accounts against the District before such accounts be paid by the Treasurer ; (3.) In default of the Board of Trustees appointing a Returning Officer, act as Returning_ (Jiiicer, or appoint some other person to act as such, at all elections held during the period of his chairmanship. .SECRETARY. 58. The Board of Trustees, at the first meeting in each year, shall appoint a Secretary, whose duty it shall be to : (I.) Keep a minute of all meetings of the Hoard; (2.) Answer all communications on School matters in such manner as he may be directed by the Board ; (o.) Examine the records and register of the School kept by the Teacher, and see that they are cori-ect ; (4.) Forward to the Secretary of the Board of Education from time to time, the reports provided for in Sections 46, 59, 60 and 167 of this Ordinance, and give such other infor- mation in regard to tlie School District as may be desi]-ed, from time to time, by the Lieutenant-Governor, or the Board of Trustees, or the Secretary of the Board of Education ; (5.) Have charge of and keep on i-ecord all the books, papers, accounts, assessment rolls and other matters, com- mitted to his charge by the Board of Trustees during his term of ofRce, and deliver the same to the Chairman of the Board on ceasing to hold office. 59. The Secretary of every School J3istrict shall, within one month of the date of the opening of the School, notify the Inspector of such District of the opening of such School, and the qualification of the Teacher employed ; and at the same time transmit the Teacher's certificate, or a certified copy of the same, in a registered letter, addressed to the Secretary of the Board of Education, 444 Schooh. 60. The Secretary of every Board of Trustees .shall for- ward to the Secretary of the Board of Education, oa the 30th day of May in each year, a report giving the following information, namely : (1.) Name of each Teacher; (2. Class ol certificate held by each Teacher, and date thereof ; (3.) Salary paid each Teacher (per month) ; (4.) Number of children attending school, per register ; (.").) If School open for the whole year or for only certain months during summer, naming the months during which it is intended to keep School open. (6.) Date when School opened during Summer only. TREASURER. 61. By motion of the Board, one of the members thereof may, with his consent, be appointed Treasurer of the Dis- trict for the whole or any part of the term for which he was elected to serve, and may be remunerated for his ser- vices by a sum not exceeding 2^ per cent, on all moneys passing through his hands on account of the District, the proceeds of School debentures excepted. 63. Should it be found inexpedient to appoint a member of the Board as Treasurer, then the Board shall appoint a responsible resident of the District to be Treasurer or Sec- retary-Treasurer, during the pleasure of the Board, at such rate of remuneration as may be agreed upon, 63. Every Treasurer shall, before entering upon his duties as such, give security to the School Trustees by a bond signed and acknowledged before a Magistrate, and such security shall be given by at least two solvent sureties jointly and severally, to the satisfaction of the Board of Trustees, and to the amount of any moneys for which the Treasurer may at times be responsible, whether arising from the School fund or from any particular contribution or don- ation paid into his hands for the support or benefit of the School District, and such security shall be renewed at the beginning of each year, or renewed at other times or changed whenever renewal or change is required by the Board of Tru.steos. Such bond may be in Form D in Schedule an- n exed hereto. ( 1.) The Chairman of the Board of Trustees shall obtain from the Magistrate a certificate in Form E in Schedule annexed hereto, and forward tlie same to the Secretary of the Boai'd of Education ; (2.) No grant shall 1h> paid without production of sucli certificate. tt4. It shall be the duty of the Treasurer to collect, receive and account for all Hchool moneys, whether derived from the (lovernment or otherwise, for the purpose of education within the District of which he is Treinsuier, and to distribute such moneys in the manner directed by the Board of Trustet's, and to keej) a record of the same in a book pi'ovided for the purpose by the Board of Trustees, and he shall give and take rt'ceipts for all moneys so received and paid out by him, which he shall, when called upon by the Auditor, appointed under this Ordinance, or by the Board of Trustees^ produce before said Board of Trustees or Auditor, as also all moneys or accounts in his charge, and shall hand o\'er the same to the Board of Trustees on his ceasing to hold office. PKNALTIBS. 05. Any Trustee, Officer or Employee of a School District neglecting"^ or refusing to discharge any duty assigned to him by this Ordinance, shall, for each offence, be liable to a fine not exceeding fifty dollars. ««. Any Trustee, Officer or Employee of a School District who, afterhis ceasing to hold office, detains any money, book, paper or thing belonging to the District, shall therebj^ incur a penalty of not less than five dollars nor more than one hundred dollars for each day during which he wrongfully retains possi'ssion of such money, books, paper or thing, after having received notice in writing from the Chairman of the Board of Trustees, or from the Board of Education, requiring him to deposit the same in the hands of some person mentioned in such notice. 6T. Any Returning Officer of any School District or proposed School District, acting under the provisions of this Ordinance, who shall knowingly and wilfully prejudice the result of any voting, by preventing votes from being taken or taking unlawful votes, or altering the returns or books 446 HchooLs. in any way or by any other means, shall be liable to a line of not less than one hundred dollars. eS. Should the Trustees of any School District wilfully contract liabilities in the name of the District greater or other than as provided in this Ordinance, or appropriate any of the moneys of the District for purposes other than are provided in this Ordinance, the District, through its proper Otiicers, or the Board of Education, on its behalf, may recover from such Trustees, jointly or severally, the sum or sums for which the District has been rendered liable through the action of such Trustees over ami abo\'e the amount provided in this Oiilinance, in addition to the total amount of any moneys that have lieen misappropriated by such Trustees. - CO. Any person entrusted in any manner with the carry- ing out of any of the pcovisions of this Oi'dinance, or quali- fied to vote at the election of School Ti'ustees, shall be com- petent to institute proceedings under this Ordinance, except in cases where it is specially provided to the contrary. 10. All fines, penalties and forfeitures mentioned in this Ordinance may be sued for, recovered, and enforced, with costs, by and before a Justice of the Peace ; and if any such tine or penalty and costs be not forthwith p£(.id, after con- viction or order made, the same sliall, by and under the war- rant of the convicting Justice, be enforced, levied and collect- ed, with costs of distress, and sale of the goods and chattels of the offender . and in default of such distress, such Justice shall, by his warrant, cause the offender to be im- pi-isoned for any time not exceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavoring to collect the same, hv sooner paid. (1.) Such imprisonment shall not discharge the personal liability of the defendant. 11. All moneys accruing; from fines or penalties under this Ordinance shall belong to the General Fund of the Terri- tories. SCHOOL DISTRICTS MAY BE DISOKGANIZED. T3. On receipt of a repoft from the Board of Education that any organized School District has failed to open and keep iSckools. 447 open a school for at least six months, and advising that the same be disorganized, the Lieutenant-Governor may by proclamation, declare that, on and after a day therein to be named, such School District shall be disorganized and thereupon the same shall cease to have or enjoy any of the rights, powers or privileges \'ested in such Corporations by this Ordinance ; and in tlie event of any debts having been incurred by such Corporation prior to its disorganization, and which remain unpaid, the Lieutenant-Governor shall appoint one or more persons, who shall have full power and authority to adjust and settle all claims against such School District and to assess, levy and collect, in the same manner as assessors and collectors are authorised to do by this Ordinance, such sum or sums of money as may be required to pay off such indebtedness and all expenses connected *-.herewith, in- cluding his or their remuneration as fixed by tlie Lieuten- ant Governor. TEACHER. 13. Within six months after the election of Trustees in a newly organized School District, they shall engage a (|ual- ified person as School Teacher for such term, not being more than one year, and at such salary as may be agreed upon. T4. It shall be the duty of the I'oacher to : (1.) Preside over and maintain good order in the School ; (2.) Teach from such books as may be ordered or permit- ted by the Trustees, from list of books authorized by the Board of Education, or Sections thereof, and only such ; (3.) Hold a public examination of the clas.ses in the School at least once in each tei'ni ; (4.) Admit Trustees, School Inspectors, parents of children g.ittending, or ratepayers of the District to the school room at any time ; (5.) Report to the Trustees, from time to time on the ne- cessities of the School and the behaviour of the children at- tending it ; (6.) Punish children for misbehaviour, inattendance or disobedience, in such manner as the Trustees may permit or direct, to maintain a regular supervision of the pupils in the play ground, to repress the use of improper language, arid have a care that games are honorably played ; and generally to have a care, out of School, over the deportment of the pupils whilst absent from their homes ; 448 Schools. (7.) Keep a true register of the School, according to the forms supplied by the Board of Education, make affidavit, required by regulations of the Board, and inquire into and record all cases of tardiness and absence of pupils ; (8.) To keep the School registers with care.'and to call the roll and mark the attendance and absence of the pupils, pre- viously to beginning the regular school work, each morning and afternoon ; (9.) To keep a time table showing the classification of the pupils, the subjects taught in each class, the hour of the day and the day of the week, when each subject is taught, and the intervals allowed for rece-^s during School hours ; (10.) To keep a " Visitor's Book," provided by the Board of Education, and tr enter therein the visits made to the School, and to allow any visitor, who so chooses, to make therein any remarks suggested by the visit ; (11. To see that the School room is kept clean and well ventilated, and to observe that the closets belonging to the premises are kept in a clean condition ; (12.) To report to the Secretary of the Trustees any need- ful repairs to the School buildings or furniture ; (13.) To keep an inventory of the School materials and furniture, and to report any deficiency in the stock from time to time ; (14.) To observe that there is no scarcity of fuel for School purposes during the winter months, and to exercise due economy in the use of the same ; (15.) To render ixssistance to the Secretary of the Trustees in making the required reports and returns to the Lieutenant- Governor or the Board of Education or the Inspector of Schools ; (16.) To have the custody of the School premises, and to deliver up the key when required to do so by the School Trustees ; (17.) To report to the Secretary of the Trustees, imme- diately it comes to his knowledge, the presence of any infectious or contagious disease among the pupils and to faithfully carry out the wishes of the Trustees in respect to it ; (18.) The Teacher of a School may be Secretary of the Trustees, but not Treasurer. 75. Every Teacher in case of sickness, certified by a medi- cal man, shall be entitled to his salary during such sickness Schools. 449 for a period not to exceed four weeks for the entire year, which period may be increased by the Board of School Trustees, provided that such Trustees employ a legally qualified person to supply his place during sickness. CONDUCT OF SCHOOL. TO. School shall be held between nine o'clock and twelve o'clock in the forenoon, and half-past one o'clock and four o'clock in the afternoon of every day, not including Satur- days, Sundays, and Statutory Holidays, but the School Trustees may shorten the School hours, or recess, in the winter time. 77. The School year shall be divided into two term.s, a First Term and a Second Term : — (1. ) The first Term shall begin on the first day of January and end on the thirtieth day of June in each year ; (2.) The Second Term shall begin on tiie first day of July and end on the thirty-first day of December in each year. T8. A recess of fifteen minutes in the forenoon and in the afternoon ma}' be allowed the children attending School, at the plea.sure of the Board of Trustees. T9. In all Schools open during the whole year there shall be six weeks holidays, commencing on the first day of Jnly, and two weeks holidays, commencing on the twenty- fourth day of December in each year. (1.) When a School is only open during the summer months, the Trustees of such School may give holidays, not to exceeil four weeks, in either the month of July or the month of August, at their discretion. 80. Good Friday, Easter Monday, Arbor Day, the Birth- day of the reigning Sovereign, Dominion Day, Thanks- giving 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 Chairman or Mayor of a Municipality, shall be holidays ; and it shall be at the discretion of the Trustees to permit any other holidays, not exceeding one day at a time. 450 Schools. 8 1 . No person shall be admitted into, or continue in, any School as a pupil, if he be afflicted with, or have been ex- posed to any contagious disease, until all danger of con- tagion shall have passed away, as certified in writing by a medical man, or other authority satisfactory to the teacher. 83. All Schools shall be taught and instructions giveu in the following branches, viz. : Reading, writing, ortho- graphy, arithmetic, geography, grammar, history of Britain and Canada, and English literature. Instructions shall be given during the entire School course in manners and morals, and the laws of health, and due attention shall be given to such physical exercises for the pupils, as may be conducive to liealth and vigor of body, as well as mind, and to the ventilation and temperature of School rooms. ( 1 .) It shall be incumbent upon the Trustees of all Schools^ organized under this Ordinance, to cause a primary course of English to be taught. GRANTS MAY BE WITHHELD. 83. Any School, the officers of which shall knowingly al- low such School to be taught or conducted in violation of tlie provisions of this Ordinance or of the regulations of the Board of Education, or Sections thereol^ shall forfeit all riglit to participate in any of the grants torovided by this Ordinance to aid the Schools of the»X§i'''^tories, and, upon satisfactory evidence of such violation, the Board shall withhold all such grants. RELIGIOUS INSTRUCTION. 84. No religious instruction, such as Bible reading, or re- citing; or reading or reciting prayers, (except as in here- after provided), or asking questions or giving answers from any catechism, shall be permitted in any Public School in the Territories, from the opening of such School at nine o'clock in the forenoon, until the hour of three o'clock in the after- noon, after which time any such instruction, permitted or desired by the Trustees, may be given. 85. Schools may be opened each morning with prayer with the consent of the Trustees, who shall approve of the form of prayer to be used. Schools. 451 86. Any child attending any School, whose parent or par- ents or guardian is or are of the religious faith different from that expressed in the name of such 'School district, shall have the privilege of leaving the School room at the hour of three o'clock in the afternoon, or of remaining with- out taking part in any religious instruction that may be given, if the parents or guardian so desire. 8T. It shall be unlawful for any teacher or School trus- tee to, in any way, attempt to deprive such child of any ad- vantage that it might derive from the ordinary education given in such School, and 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 or her. NO FEES CAN BE CHARGED RATEPAYERS. 88. No fee shall be charged by the Trustees of any School District on account of the attendance of any children, whose parents or guardians are ratepayers of such School District, at the School thereof; but a rate not exceeding five cents per day, payable in advance, may be charged for any children whose parents or guardians are not ratepayers to such School District. INSPECTOR OF SCHOOLS. 89. It shall be the duty of the Inspector to — (i.) Visit at least once in each term the Schools under his charge, and examine the pupils in the different classes as to proficiency in their studies; (2.) At the desire of the Trustees of any School District, examine a Teacher possessing no certificate, and employed or proposed to be employed by such Trustees, as to his pro- ficiency in the subjects he is expected to teach, and as to his methods of teaching ; (8.) Report from time to time to the Board of Education as to the eflficiency, methods and usefulness of the Schools under his charge, and also, when deemed advisable, to the Trustees of the different School Districts; (4.) To inspect other Schools at the pleasure of the Board of Education, or Section thereof, as the case may be ; (5.) To observe that no books are used in any School but 452 Schools. those selected from the list of books authorized by the Board of Education or Sections thereof; (6.) To assist at the Examination of Teachers if requested by the Board of Education ; (7.) At the close of each inspection tour to make a full re- port of his inspection of every School to the Board of Edu- cation, and to particularize in each report, name of School, name of teacher, his certificate, number of School children on the register, number present on the day of inspection, re- marks on proficiency of pupils, special remarks, if any, state of School buildings and premises, state of School apparatus, general tone of School ; (8.) Keep a diary of his inspection tour and expenses : (9.) Inspect and endorse, if practicable, all reports which are sent through him to the Board of Education ; (10.) Grant provisional certificates to competent applicants recommended Ijy trustees of Schools and require such ap- plications to be in the applicant's own hand-writing ; (11.) Upon a visit to a School to inspect the School regis- ter, and to write liis name and the date of his ^isit upon the line immediately after the last name on the roll ; (12.) To observe if the School register is systematically kept ; (i;3.) To inspect the School buildings and premises and to suggest to the Trustees any alterntions he may deem neces- sary for the comfort, accommodation and health of the scho- lars : (14.) To inspect the School time table and to endorse his appro\-al upon it if satisfactory ; (15.) To make the time table and the programme of stud- ies, prescribed by'the Board of Education, the basis of his examination of the classes ; (16.) To inspect the visitors' book, and to write therein a general report of the condition in which he found the School ; Q7.) To endorse all teachers' certificates in accordance with the regulations of the Board. AID TO SCHOOLS. 90. Grants shall be paid to every School, organized under this Ordinance, as follows : — (].) Grants on account of Teachers' certificates to every Schools. 453 School District having a daily average attendance of not less than six pupils : — (a.) A grant of 75 per cent, of the Teacher's salary to every School employing a Teacher holding a first class cer- tificate from the Board of Education ; (b.) A grant of 70 per cent, of the Teacher's salary to every School employing a Teacher holding a second class certificate from the Board of Education ; (c.) A grant of 65 per cent, of the Teacher's salary to every School employing a Teacher holding a third class or a provisional certificate from the Board of Education ; (d.) In Districts where the number of children of School age on register does not exceed twenty-five, an additional grant shall be paid for attendance, as follows : — (1.) When the average daily attendance is equal to 75 per cent, of the number of pupils on the roll, $60.00. (2.) When the average daily attendance is equal to 70 per cent, of the number of pupils on the roll, $55.00. (3.) When the average daily attendance is equal to 65 per cent, of the number of pupils on the roll, $50.00. (4.~, When the average daily attendance is equal to 60 per cent, of the number of pupils on the roll, $45.00. (5.) When the average daily attendance is equal to 55 per cent, of the number of pupils on the roll, $40.00. (6.) When the average daily attendance is equal to 50 per cent, of the number of pupils on the roll, $35.00. (2.) Grants on account of additional Teachers : (a.) To every School where the daily average attendance exceeds thirty, a grant, as provided in Sub-section 1 of this Section, for an additional Teacher ; (6.) To every School, where more than one Assistant Teacher is employed, a grant, as provided fti Sub-section 1 of this Section, for every Assistant Teacher employed after the first, where the average daily attendance shall be at least twenty for each Teacher employed. 91. All grants shall be paid to the Treasurers of School Districts quarterly, after the last days of March, June, September and December in each year, on receipt of a return as per Form F in the Schedule annexed hereto. ASSESSMENT. 93. Where a School District is situated within a Munici- 454 Schools. pality, the 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 suu) required for School purposes for the then current year ; but such sum shall not exceed an amount equal to ten mills on the dollar, according to the last revised assessment roll on the property liable to assessment in such School District for ordinary School purposes, with such additional amount as may be necessary to meet any debenture indebtedness that may have been incurred and be coming due. 93. When property owned by a Protestant is occupied by a Roman Catholic and vice versa, the tenant in such cases shall only be assessed for the amount of property he owns, whether real or personal, but the School taxes on such pro- perty shall in all cases, whether of not the same has been or is stipulated to the contrary, in any deed, contract or lease whatever, be paid to the School District, to which such owner is a ratepayer. 94. Whenever property is held jointly, as tenants, or tenants in common, by two or more persons, the holders of such property being Protestants and Roman Catholics, they shall be deemed and held accountable to the Board or Boards of Trustees for an amount of taxes in proportion to their interest in the premises, tenancy or partnership respectively and such taxes shall be paid to the School District to which they respectively are ratepayers. 95. If a School District be situated partly within two or more Municipal Corporations, then the Board of Trustees may make a demand upon each of such Corporations, for that pi-oportion of the amount of money required by such District which piay justly be demanded by such District according to the amount of property included within the limits of the District and, situated within the limits of such Municipality ; or the Trastees may themselves, or by means of an Assessor, levy an assessment as provided in this Ordinance. 96. The Trustees of any School District or an assessor whom they may appoint, as soon as may be in each year shall prepare an assessment roll for the School District, in which shall be set down, according to the best informa- Schools. V 455 tion to be had, a list of all the taxable property for their School in the District, with the names of the occupants and owners, if such can be procured, and such list shall contain in one line, bat in different columns, the following- information: (1.) Name of occupant or person in possession, (// fJwre he no oirwpant, a statement to that effect); (a) Religion of occupant ; (b) Sex- (r) Age; ('/) Occupation ; ( '■) Place of residence ; (2.) ^fanleof the owner, if it can be ascertained, .(// '/(«)i- er's name be unknovm, such paiiiculars r.oncervinq ninicr- ship iif propertf/ as mn.ij be hiwwn); (a) Religion of owner ; (b) Sex; ('■) Age ; {d) Occupation; (c) Place of residence ; (3.) Description of real property in Qccupation of each person : (a) Part and number of section, township, range and mer- idian, or number and description of lot in special survey, or number of lot, house or other particulars of each parcel ; (b) Improvements in cultivated land {giiiing area), and buildings {qivlng size), on each parcel ; (c) Area in acres or feet of each parcel ; id) Value of each parcel ; (t) Total value of real property ; (-1)). Description of taxable personal property ; (a) Taxable personal property, other than income, with particulars ; (&) Value of such personal property ; {(:) Taxable income ; {d) Total value of personal property, including taxable income ; (5) Total value of taxable real and personal property. 9T. " Land," " real property " and " real estate " respec- tively shall include all buildings or other things erected upon or affixed to the land, and all machinery or other thino-s so iixed to any building as to form, in Law, part of the reality, and all trees or underwood growing upon the 456 Schools. land, and all mines, minerals, quarries, fossils in and under the same, except mines belonging to Her Majesty. (1.) " Personal estate " and " personal property " shall in- clude all goods, chattels, shares in incorpoi-ated companies, interest on mortgages, dividends from bank stock, money, notes, accounts and debts, at their actual value, income and all other property, except land and real estate and real pro- perty as above defined and except property herein expressly exempted ; (2.) " Property " shall include both real and personal pro- per'ty, as above defined ; (3.) " Ranche" shall mean land held under a grazing lease from the Dominion Government. PROPERTY LIABLE TO TAXATION, WITH EXEMPTIONS. J>8. All real and personal property situated within the limits of any School District, or income derived by any per- son resident within the limits of such District, and. where- ever anjr portion of a ranche and the head-quarters of such ranche are within the limits of any School District, the whole of the personal property belonging to the lessee of such ranche, on the same, shall be liable to taxation, subject to the following exemptions : (1.) All property held by Her Majesty or specially ex- empted by the Parliament of Canada or for the public use of the Government of the Territories ; (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 property mentioned in the preceding clauses is occupied by any pei'son otherwise than in an official capacity, the occupant shall be assessed in respect thereof, but the property itself shall not be liable ; (4.) The buildings and grounds, to the extent of two aci-es, of all Public and Separate Schools, and the personal property belonging to the same, being used for School pur- poses, and under the management of the Board of Education of the Territories ; (5.) Jails and Court Houses and the necessarj- land at- tached thereto ; (6.) Churches and the land on which they stand, not ex- ceeding one- half acre, and any land in use as a public cem- etery, not exceeding twenty-five acres. (7.) The books of every public library ; Schooi'i. 457 (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 ; provided that the income of persons employed by the North-West Government be not excepted ; (9.) Grain in traanitu, household effects of every kind, books and wearing apparel ; (10.) The increase in the value of the land by reason of the annual cultivation thereof, together with the growing crops. 99. A person occupying property or deriving income not liable to taxation, may compel the assessor, on written de- mand, to assess him for such property or income in order that he may thereby be qualified for voting or holding ofEce ASSESSMENT OF UEAL AND PEKSONAL PEOPERTY. 1 00. Land and personal property shall be assessed against the person in occupation or possession thereof, unless when in the case of a non-resident owner, such owner shall in writing requii-e the assessor to assess him alone for such property. But the person assessed shall in all cases, unless there is a stated agreement to the contrai y, have summary recourse agaiUuSt such owner for the amount of taxes paid. 101. Taxes may be recovered either from the owner or occupant. 102. Where more persons than one are joint tenants or tenants in common, or holders of any property, they, or any number of them, shall be assessed for the whole of siich property, subject always to the provisions v^f Section 94 of this Ordinance, and such assessment may be levied upon any one or more of them, saving always the recourse of such . persons against the remaining holders, tenants or owners. 103. Real and personal property shall be estimated at their actual cash value, as they would be appraised in pay- ment of a just debt from a solvent debtor. 104. Land held in actual use and not for purposes of sale, shall be appraised at the value which it is reasonably worth for the purposes for which it is in use. 458 • Schools. 1®5. Any person nuiy be required by the assessor to de- liver 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 par- ticulars as may be demanded, and if he fails to do so or knowingly makes any false statements, such_ person shall, upon complaint of the assessor and upon conviction before a Justice of the Peace,forfeit and pay a fine of twenty dollars, to be recovered in like manner as other penalties upon sum- mary conviction before a Justice of the Peace. i06. The assessment roll shall be completed by the first day of April, or so soon thereafter as may be, in each year, and the assessor shall, before handing the roll over to the Secretary of the Board of Trustees, make an afladavit (which shall be inscribed upon the roll) before a Justice of the Peace, that 'the statements contained therein are correct to the best of his knowledge and belief, after making due en- quiry in each case. COURT OF REVISION. 1 07. (Jn receipt of the assessment roll by the Secretary of the Board of Trustees, in form as hereinbefore provided, he shall file the same, and at all convenient office hours shall keep it open to the inspection of all persons resident, or own- ing, or in the possession of property, or in receipt of incomes within the district, for at least the space of two weeks and until the sitting of the Court of Revision. 108. As soon as the assessment roll shall have been com- pleted and filed as hereinbefore provided, the Secretary of the Board of Trustees or the assessor shall notify in writing, by post or otherwise, every person whose name appears* upon such roll and whose address is known, as follows : ScHooi, District of \ Sir (or Madam) :— day of IS / You are hereby notified that your name .appears on the assessment roll of this School District for the present year as the owner (or occupants of the following property : — {Then give description of property and assessed value.) The Board of Trustees for the disi rict will sit as a Court of Revision as follows : — (Mention day, hour and place at which Court shall be held,) and if you consider tliat you have been wrongfully assessed as above stated, you will have an opportunity to make a statement of your case before the above Court. Schooh. 4,59 b7^n't'itu.°i't*if „*^S^ '( J""" ^". "S' "^PPeai' before this Court of Revision you will not Slcfi'„'^ti^rsS?lltei,tfr^oTL°l\fSat^d'"P'-'^"''^^°^ "' '^« ^^•^'"^''^ °^- (Signed) Secretary Board of Trustees. (or Assessor. To 109. The Board of Trustee.s shall cause to be posted up in at least five conspicuous places within the district, a notice that the assessment roll of the district for the current year has been made up, and where it may be examined, also the time and place at which the Court of Eevision will be held, with a notice that such parties as do not appear before the Court of Revision will not be entitled to appeal from the decision of the Court of Revision to the Supreme Court of the Judicial District in which such School District is situated. * 110. The Board of Trustees of any School District shall sit as a Court of Revision not less than fifteen or more than thirty days from the filing of the roll, and shall hear all complaints that may be entered up to the end of the day so appointed, and may adjourn from day to day until such complaints have been disposed of, but complaints entered after the day mentioned may or maj' not be recognized by such Court of Revision. 111. Such Court of Revision shall have power to take evidence under oath, if necessary, either on behalf of the appellant or the School District, and shall alter or amend the assessment roll as to them shall seem to be in accordance with what is just and right. 1 1 2. If a person is dissatisfied with the decision of the Court of Revision, he may appeal therefrom to a Judge of the Supreme Court. In all cases of appeals the proceedings shall be as follows : (1.) The person appealing shall, in person or 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 ; (2.) The Secretary shall, immediately after the time limit- ed for filing notice of appeals, forward a list of the same to 460 Schools. the Judge of the Supreme Court, usually exercising juris- diction in the Judicial District of which such School District forms a part, or if such School District forms part of more than one Judicial District, then to the Judge whose official residence is nearest the School District ; (3.) The Secretary shall thereupon give notice to all the parties appealed against, in the same manner as is provided for giving notice on a complaint to the Court of Kevision, but in the event of failure by the Secretary 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; (4.) The Secretary of the School District shall cause a conspicuous notice to be posted up in his office, or the place where the Board nf Trustees holds its sittings, containing the names of all the appellants and parties appealed against, with a brtef 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 of the School District shall be the Clerk of such Court ; (6.) At the Court so holden, the Judge shall hear the appeals, and may adjourn the hearing from time to time, and defer judgment,thereon at his pleasure, but so that all the appeals may be determined before the first day of September ; (7.) At the Court to be holden by the Judge, to hear the appeals hereinbefore provided for, the person having charge of the assessment roll, passed by the Court of Revision, shall appear and produce such roll and all papers and writings in his custody 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 his initials opposite any part of the said roll, in which any mistake, error or oinission is corrected or supplied, and if the decision is not then given, the Secretary of the School District shall, when the same is given, forthwith alter and amend the roll, according to the same, and shall 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 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 docu- Schools. i61 ments, 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 the School District nf A.B.,... and CD Appellant, Respondent. " (10.) The cost of any proceeding before the Judge as aforesaid, shall be paid by or apportioned between the parties, in such a manner as the Judge thinks proper ; and where costs are ordered to be paid bj' any party, the same shall be enforced by execution, to be issued as the Judge may direct, from tb.e Supreme Court, or in the same manner as upon an ordinary ju'lgment for costs recovered in such Court ; (11.) Tlie costs chargeable, or to be awarded in any case, maybe the costs of. witnesses and of procuring their atten- dance, and noije other, the same to be taxed according to the allowance in the Court for such costs ; and in case A-^diere execution issues, the costs thereof as in the like Court, and of enforcing the same, may also be collected thereunder ; (12.) The decision and judgment of the Judge shall be final and conclusive in every case adjudicated upon. RATE OF ASSESSMENT. I 113. So .soon as the assessment roll has been finally revised bj' the Board of Trustees, as aforesaid, they shall make an estimate of the probable expenditure of the School District for the current year, and shall strike such a rate of assessment on the assessed value of the taxable property with- in the district, for the School they represent, as shall be suffi- cient to meet such probable expenditure, making due allow- ance for charges and probable loss in collection : (1.) Such rate shall not exceed ten mills in each dollar of property liable to taxation for ordinary School purposes, with such additional rate per dollar as may be necessary to 4G2 • Schools. meet any debenture imlebtedness that may have been incurred Vjy such School District on the terms upon which it was incurred. COLLE(ni<.)X OF RATES. 114. The Board of Tru.^Dees shall cau.se to be made out a collector'.'^ roll for the District, on which shall be set ilown the name of every person assessed, the assessed \ alue of his real and* personal property', and the amount with which such person is chargeable, according to tiie rate of taxation struck in respect of sums ordered to be levied by the Board of Trustees, with any oth.-r particulars that may be necessary, and such roll shall be placed in the hari. The Treasurer shall endorse on such list the date of the tec iipt thereof by him, and give a receipt therefor to the Secretary ; and thereafter the collection of such arrears shall belong to the Treasurer alone, and he shall receive pay- ment of such arrears in whole ; in no case shall he receive a part thereof, unless satisfactory proof be produced of pre- vious payment, or that an erroneous charge has been made in whole or in part, and a resolution of the Trustees author- izing him so to do, and he .shall give a receipt for such payment, specifying the amount, for what years, the description of the lot or parcel of land, and the date of payment. S 30. The Treasurer shall cause to be published in the weekly newspaper published nearest the School District, in three consecutive issues of the same, a copy of said list, ' with a notice stating when and where the said lands are to be sold, and shall cause to be posted up in at least five con- spicuous , places in the School District (one of which shall be the Post Office nearest to the District) similar copies bf the said list and notice ; (1.) The Treasurer shall also cause to be published in the North- West Territories Gazette, during every issue of llie same, from the date of the first publication in the newspaper above mentioned to the date of sale, a notice in the follow- ing form : NOTICE. Notice is hereby given that on the day of at the hour of at (give name of place in particular) there will be offered for sale by public auction, in accordance with the terms and provisione 466. Schools. of the School Ordinance of the North- West Territories, providing for fche Bale of lands for arrears of School Taxes, certain lands situated in (give name of School District), particulars -regarding which lands may be found in the issues of (give name, date and place of issue of news- paper. Treasurer. 131. The Treasurer shall, within one month after the last publication of the sale, as hereinbefore provided proceed to sedl the lands by public auction, and the lands shall be offered for sale in lots or parcels, as the case may be, against which the arrears of taxes, together with costs and charges, stand. i'i'i. Where the title to any land sold for arrears of taxes is in the Crown, the deed therefor, in whatever form given, shall be held to convey only such interest as the Crovvn may have given or parted with, or may be willing to recognize' or admit that any person possesses under any color of right whatever; and the School District on whose behalf any laad shall be sold for arrears of taxes as aforesaid, shall, in case ol' an;,' such sale being declared invalid, be liable only for the purchase money actually paid therefor to the School District, and interest thereon as for damages or otherwise. 1JS3. It shall not be the duty of the Treasurer to make enquiry before effecting the sale of land for taxes, to ascer- tain whether or not there is any distress on the land, nor shall he be i>ound to enquire into nor form any opinion of the value of the land. 134. The Treasurer shall offer each lot or parcel of land separately, and shall state the whole amount due on said lot or parcel, and shall sell the whole or so much as is necessary to the party who pays the whole of the amount due on account of said arrears, costs and charges. 135. The laud adjudged to be sold by the Treasurer under this Ordinance shall be, commencing at the southeast corner, and shall conform as nearly- as may be to the shape and number of acres in the lot or parcel of land offered for sale and shall include the buildings or other improvements thereon, and when the land has been sub-divided into lots, i£ the whole lot is not sold, the amount adjudged to be Schools. 46T ^old shall be a strip o'S the whole southerly side of said lot, and shall include the buildings or other improvements thereon. 1 3C All sales of lands for taxes shall take place and be holden within the limits of the School District, where the land to be sold is situated, unless otherwise directed bv the Lieutenant-Governor, in Council. 1 31. The owner or agent of any land may pay the arrears with co.sts and charges against the same, at any time before the same are sold. 138. The Treasurer may adjourn the sale from time to time, but at the time of such adjournment shall publicly state at what time the sale shall be resumed. 1 39. If the purchaser of any land fails immediately to pay the arrears, costs and charges against any land, the Treasurer shall forthwith put up the property for sale. 140. The Treasurer, after selling any lands for taxes .shall give a certificate under his hand to the purchaser, stating what part of the land has been sold, describing the same as in notice of sale, the quantity sold, the sum for which it has been sold, and further stating that the land so sold will be convej^ed by the Treasurer to the purchaser or his assigns, on his or their demand, at any time after two- years if the same be not pre^'iously redeemed. 141. The purchaser shall, on receipt of the Treasurer's certificate, become the owner of the land, .so far as to have all the necessary rights of action and powers for protecting the same from spoliation or waste until the expiration of the term during which the land may be redeemed ; but he shall not knowingly peiniit any person to cut timber upon the land or otherwise injure the land, nor shall he do so himself, but he may use the land himself without deteriorating its value, provided that the purchaser shall not be liable for damage done to the property without his knowledge. 142. The owner, or his agent appointed by him in writ- inir, may redeem any land sold by the Treasurer for arrears of taxes at any time after the sale thereof and before the ex- 468 Schools, piration of two years, by paying to liii'i i!,e full amount for which the land was sold and interest thereon at the rate of twenty per centum per annum, to be computed from the date of sale, and an additional commission to the Treasurer of two and one-half per cent, 143. From and after the payment ii the Treasurer of the amount of redemption money as aforesaid, the purchaser shall cease to have any further rights in or to the lands in question. 144. The purchaser shall be entitled to i-eceive the full amount of purchase money from the Treasurer for the land so redeemed, together with interest to be computed at the rate of twenty per cent, per annum, from the date of the certifi- cate given to him by theTreasurer to the date of the redemp- tion. 145. If the land he not redeemed within the period al- lowed for its redemption, being two years from the date of .>riale, exclusive of that day, then on demand of the purchaser of' his assigns or other leual representatives at any time afterwards and on paj'ment of two dollars, the Treasurer shall prepare and execute and deliver to him or them a deed in duplicate of the land sold. c 1 46. Such deed .shall be in the form, or to the same effect, as in Form (} in Schedule annexed hereto, and shall state the date and cause of .sale and the price, and shall describe the land according to the description in the certificate, and such deed shall have the effect of vesting the land in the purchaser or his heirs and assigns or other legal representa- tives in fee simple, and no such- deed shall be invalid for any error or miscalculation in the amount of taxes or interest thereon in arrears or any error in describing the land. INCURRING DEBT. 141. Should it appear desirable to the Board of Trustees of any School District that a sum of money should be bor- rowed upon security of the District for the purchase of a School site or for the erection, purchase or improvement of a School building or buildings or for furnishing the same or for the purchase of suitable play, grounds for the children Schools. 469 attending the School or Schools of the District, they shall pass » by-law to that effect, as per Form H in Schedule annex- ed hereto, or to the like effect, and before proceeding to bor- row such sum of money, shall receive the sanction of a ma- jority of the votes of the ratepayers of the School or Schools by taking a vote thereon as hereinafter provided ; provided always, that this Section, as revised, shall relate back and take effect from and after the day of the passing of " The School Ordinance of 1884," 6th August, 1884. 148. The Board of Trustees shall give notice, as per Form I in the Schedule annexed hereto, or to the like effect, of the polling, by notices displayed in at least ten conspicu- ous places throughout the district, at least twenty days be- fore the polling. 14!>. A certified copy of the notice of polling shall be forwarded forthwith to the Lieutenant-Governor by the Secretary of the Board of Trustees. 1 50. The Chairman of the Board of Trustees shall be Re- turning Ofiicer, and shall act as hereinafter provided. 151. The Returning Officer shall : (1.) Provide himself with a book, suitably ruled and headed for the purpose of recording the vote cast, in which shall appear, in separate columns, but in one line, the name and »ei of each voter, the description of the property voted upon, remarks, whether voter was sworn or refused to be sworn, and the vote cast, whether " yea " or " nay " to the purpose speci- fied in the notice of voting ; [2] Keep postSckool8. (1.) By the Secretary thereof, a statement of the teacher and signed by him giving the following particulars : [«.] The nuniber of days on which School was kept open during each term succeeding the last annual meeting : [6.] The total number of children attending School during that period, specifying the number of males and females respectively ; [c] The avei-age daily attendance during each term ; [d.] The branches of education taught in the School and the number of children studying each ; [e.] The number of dismissals of scholars for misbehavior or other causes ; [/.] The report of the Inspector on the occasion of his last inspection of the School. (2.) By the Secretary of the Board of Trustees and signed by him, a statement showing : [a.] The names of the Trustees ; [b.] The vacancies created in the Board during the year, if any, giving the reasons therefor with an account of the elections held to fill such vacancies and the results thereof ; [c] The engagements entered into du,ring the year by the Board as well as an account of those entaile. 28. Meetings of Council, «.]29. Members to be paid for atten- dance, s. 30. Certain persons to be registered free, s. 31. Council to appoint registrar, s 32. Duties of registrar, s. 33. Who may be registered, s. 34. Membership fee, s. 35. Rules as to examinations, s. 36. Practitioners convicted of felony to be struck ofi' register, s. 37. Privileges of registered practition- ers, ss. 38, 39. " Medical register " to be kept, s. 40. Neglect to register, penalty, s. 41. Practising without registration, penalty, s. 42. Falsely pretending to be a physi- cian, s. 43. Falsely using a title implying regis- tration, s. 44. Unregistered persons not entitled to recover charges, s 46. Unregistered persons disqualified from certain appointments, 8.46. Certificates of such persons inval- id, s. 47. Prosecutions, 's. 48. Evidence of registration, ss. 49, 50. Limitation of prosecutions, s. 51. Stay of proceedings, s. 52. Application of penalties, s. 54. Meaning of "legally qualified . Medical Practitioner," s. 55. Fee for registration, s. 56. Council may alter rules, &c., s. 57. Homcepathic Physicians, s. 58.' Ordinance Repealed, s. 59. Medicme and Surgery. -4197 Whereas, it is desirable to regulate the practice of Meilicine and Surgery in the Territories ; ■ Therefoee, The Lieutenant-Governor, by and with the advise and consent of the Legislative Assembly of the Terri- tories, enact as follows : I . This Ordinance may be cited as "The North-We«t Ter- ritories' Medical Ordinance, 18X8." "i. The members of the iredical prof ession 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 pro- perty and real estate, for the purposes of this Ordinance, and to sue and be sued. 3. Every person i-egistered according to the provisions of Ordinance No. 11, 1885, shall be a member of the -said Col- lege of Physicians and Surgeons of the North- West Terri- tories. 4. Every person hereafter registered under the pro- visions of this Ordinance shall also be a member of the said College. 5. There shall be a Council of the said College of Phy- sicians and Surgeons of the North-West Territories, to be appointed in the manner to be hereinafter provided for in this Ordinance, and hereinafter referred to as "The Council." 6. The persons entitled to vote at elections of members of the Council, shall be, as to the first election, the persons who, at the time of the passing of this Ordinance, are regis- tered under and in pursuance of the said Ordinance, No, 11 of 1885, and as to subsequent elections, the persons en- titled to vote at elections for members of the Council, shall be registered as medical practitioners in pursuance of this Ordinance. T. If person shall be eligible to be elected a member of the Council at the first election, unless he be registered in pursuance of the said " Ordinance, No. 11 of 1886, and no 498 Medicine uvd t^urgery. pBi'spn shall be eligible to be elected a member of the Council at subsequent elections unless he be registered in pursuance of this Ordinance. 8. The number of persons, to be elected as members forui- iug the said Council, shall be five,' and the mode of elec- tion shall be by voting papers, as hereinafter mentioned. J>. The charge and conduct of the first election shall be under the management of the Clerk of the Legislative As- sembly of the North-West Territories for the time being, and of subsequent elections under the management of the Registrar of the Council. 10. The first election shall take place on the first Friday in February, 1889, in the Town of Regina, and subsequent elections shall be held at such time and place, as may be de- termined on by the Council. 11. Every person entitled to \-ote ma}- vote for five persons. Vi. Such votes shall be given by closed voting papers, to be mailed to each registered practitioner by Clerk or Registrar, as the case may be, at least one month prior to the day of the election, in the form of the first Schedule of this Ordinance or to the like effect, signed by the voter and delivered.as to the first election, to the said Clerk of the Legis- lative Assembly on any day in the month preceding the day of election and as to subsequent elections to the Regis- trar of said Council on any of the twenty days preced- ing the day of election. Any voting papers delivered to the said Clerk of the Legislative Assembly or Registrar, as the case may be, by post, during the respective times aforesaid, shall be deemed delivered to him. 13. The said Clerk of the Legislative Assembly shall, on the Tuesday following the day of the first election, at the hour of 12 o'clock, noon, at his office, at the Government buildings, and in the presence of persons as are regis- tered, or are entitled to be I'egistered under the said Ordin- ance, No. 11 of 1885, as choose to attend, scrutinize and count the votes, and keep a record thereof. Medicine and Surgery. 499 1 4. In respect of every subsequent election, the members, for the time being, of the Oouacil shall appoint two persons, who, together with the Registrar of the Council, shall act as scrutineers at the election. On the day succeeding the day of election, the voting papors shall be opened by the Regis- trar, in th h presence of the other scrutineers, who shall scrutinize and couat the vote-), aui keep a record thereof in a proper book, to, be provided by the said Coancii. 1 5. The five persons, who have the highest number of votes at the first election, shall hold office for one year ; and those elected at all subsequent elections shall be the mem- bers of the Council for the two years following the date of such election and until their successors are appointed. I (». Any person, entitled to vote at any election, shall be I'utitled to be present at the opening of the voting papers at such election. I H. In case of an equality of votes between two or more persons, which leaves the election of one or more of the raombers of the Council undecided, then, as to the first election, the Clerk of the Legislative Assembly, and as to subsequent elections, the scrutineers, sliall forthwith put into a ballot bo.K a number of papers, with the names of the candidates liaviug such equality of votes written thereon, one for each candidate, and the Clerk of the Legislative Assembly as to the first election, and the Registrar of the Council, in the pre- sence of the scrutineers, as to subsequent elections, shall draw l)y chance from such ballot box one or more of such ballot papers, sufficient to make up the required number, and t!ie pcrson.s, whose nami;s are upon such papers, so drawn, sh-.ill be such members. 18. Xo person shall be entitled to vote at any election, other than the first, unless all his fees to the Council shall have been paid. No person shall be eligible for election unless qualified to \ote at such election, and any votes cast for j,ny 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. 10. In the event of any person placing more than five names on his voting paper, the first five shall be 500 Medicine and Surgery. taken, notwithstanding any of such live so named shall be ineligible for any election for any cause whatever. 20. The Clerk of the Legislative Assembly, as to the first election, and the Registrar of the Council, as to subse- quent elections, shall, one month prior to the day on which the election is held, make out an alphabetical list or register of the medical jjractitioners, who are entitled to vote at the election there about to be held, and such register may then be examined at all reasonable|timcs. In case any medical practitioner entitled to vote by[this Oidinance complains to the Clerk of the Legislative Assembly or to the Registrar of the Council, as the case may be, in writing, of the improper omission or insertion of any name in the said list, it shall be the duty of the Clerk of the Legislative Assembly, or Regis- trar of the Council, forthwith to examine into the complaint, and rectify such error if any there be ; and in case any per- son is dissatisfied with the decision of the Clerk of the Legis- lative Assembly or Registrar of Council, he may appeal to a Judge of the Supreme Court in a summary way, and the decision of such Judge shall be final, and such list shall remain or be altered in accordance with such decision. 31. 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 sntitled to vote, whose name is not upon such register. 33. The Members of the Council may, as to elections ooher than the first, make such regulations as they consider expedient, not contrary to the provisions of this Ordinance, for regulating the procedure under this Ordinance. 33. The voting papers belonging to any election shall not be desti'oyed until after all petitions, in respect to such election, have been decided, but the same, together with all other papers, in connection with the election, shall be retain- ed by the Clerk of the Legislative Assembly, or Registrar, as the case may be. 34. No petition against the return of any Member shall be entertained, unless such petition be filed, as to the first election, with the Clerk of the Legislative Assembly, and as to subsequent elections with the Registrar of the Council, within Medicine and Surgery. 501 sixty days after the election, and shall contain a statement of the grounds on which such election is disputed, and un- less a copy of such petition is served upon the Member, •whose election is disputed within sixty days of the date of election. ?J5. In case of any doubt, or dispute, as to the legality of the election of any Member of the Council, it shall be law- ful for the 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. 36. The Council shall annually appoint a President, Vice-President, Registrar, Treasurer and such other officers as may from time to time be necessary for the working of this Ordinance, who shall hold office during the pleasure of the Council ; and the said Council shall have power to fix by by-law, or from timeto time, the salaries or fees to bs paid to such officers, an I to the Board of Examiners hereinafter appointed. 3T. The Council shall appoint annuallyt from among' its members, an " Executive Committee," to take cognizance of, and action upon, all such matters as may be delegated to it by the 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 Commit- tee shall ha.ve no power to alter, repeal or suspend any by- law of the Council. '4St In the case of the failure in any instance to elect the requisite number of duly qualified Members of the Council, or in the case of any vacancy caused by the death or resig- nation 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 Members of the Council. 502 Medicine and Surgery. 39. The first meeting of the Council shall be held at the Town of Regina at such time, as may he agreed upon by the majority of the Members elected. (1.) The Council may .make such rules and regula- tions at its first meeting as to the times aad places of the future meetings of the Council, and the mode of summoning the same, as to the Council seems expedient ; which rules and regulations shall remain in force till altered at any sub- sequent meeting ; and in the absence of any rule or regula- tion as to summonincr meetino;s of the Council, it shall be lawful for the Pre-jident thereof, or in the event of his ab- sence 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 Vice-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 vote. , 30. 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 by-law passed by the said Council. 3 1 . Every person, who is now registered under the pro- visions of the said Ordinance, No. 11 of 1885, shall be entitled to be registered under this Ordinance, without pay- ment of any fee whatever. 32. The Council .shall cause to be kept by an officer ap- pointed by them, and to be called the " Registrar," a book or register, in which shall be entered the name of every per- son registered according to the provisions of this Ordinance, and from time to time the names of all persons who have com- 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 practition- ers of Medicine or Surgery in the Territories, and those persons only, whose names are inscribed in the Medicine and Surgery. o03 book or i-tiglscer above mentioned, shall bo- deemid to be qualified ami licensed to practise Medicine or Surgery in the said Territories, except as hereinafter provided, and such book or register shall at all timc^ be open atid subject to in- spection by any person. 355. It shall bj the duty of the Rigistrar to keep his register correct inaccordance with the provisions of this Or- dinance, and the rules, orders and regulations of the Councii, and he shall from timo to tim; make the necessary altera- tions in th'i addresses or qaalificH,tLons of th^ psrs )n3 re^^ls- tered under this (Drdinance, and r,he said Rjgis.var shall perform such other duties, as may bj imp is id upoa liim by the Council. 34. The Council shall admit upon the r^^ister : ('(.) Any person, who shall produce from any College or School of Medicine and Surgery, requiring a four yeans' course of study, a diploma of qualification; provided, also, that the applicant shall furnish to the C )uncil satisfactory evi'l- ence of identification and pass before the ra'.nnbers thereof if deemed necessary, or such examiners as may be appointed for the purpose, a satisfactory examination touching his fitness and capacity to practice as a physician and surgeon... (b.) The Council shall admit upon the register any mem- ber of any incorporated College of Physicians and Surgeoas of any Province of the Dominion of CanadfV, or any membsr of any other incorporated body of medical men in Canada exercising powers similar to those conferred by this Ordin- ance upon the College of Physicians and Surgeons of the North-West Territories, or any one possessing sueh qualifi- cations entitling him to be registered as a member of any College of Phy.sicians and Surgeons of any Province of the Dominion of Canada. 35. 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 by-law of the Council, not being less than $1.00, nor more than $2.00, towards the general ex- peh.ses of the College, which last mentioned fee shall be pay- able 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 co?ts of suit, in the name of the College of Physicians and Surgeons of the' iOi Medicine and Sv/rgery. North-West Territories, in the District Court in which the member resides. 3C. The members of the Council shall, from time to time, as occasion may require, make orders, regulations or by-laws foi- regulating the register to be kept binder this Ordinance, and shall from time to time make rules and regulations for the guidance of the examiners, and may prescribe the sub- jects and modes of examination, and general!}' make all such rules and regulations in respect of examinations, not contrary to the provisions of this Ordinance, as they may deem expedient and necessary. St. Any registered medical practitiGner,who has been con- victed of any felony in any Court, shall thereby forfeit his right to registration and by direction of 'the CounciF his name shall be erased from the register ; or, in case a person known to have been convicted of felony presents himself for registration, the registi-ar shall have power to refuse su(A registration. 38. Every person registered under the provisions of this Ordinance shall be entitled to practice Medicine and Surgery, including Midwifery, or any one of them, as the case may be, 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. 39. No duly registered member of the College of Physi- cians and Surgeons of the North- West Territories shall be liable to any action for negligence or malpf'actice, by-rfeftsoa of professional services requested or rendered, unless such action be commenced within one year from the date when, in the matter complained of, such professional services ter- minated. 40. The Registrar of the Council shall from time to time, under direction of the Council, cause to be printed and pub- lished a correct register of the names in alphabetical order, according to the surnames, with the respective residences, in the form set forth in the second schedule of this Ordinance, or to the like effect, together with the medical titles, diplomas Medicine and Surgery. 505 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 " North- West Territories' Medical Register," and a copy of the regis- ter for the time being, purporting to be so printed and pub- lished 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 sub-section one of this Section; the absence • of the name of any person from such copy shall be privxa facie evidence that such person is not registered according to the provisions of this Ordinance. (1.) In the case of any- person, whose name does not ap- pear in such copy, a certified copy, under the hand of the Registrar of the Council, of the entry of the name of such person on the register shall be evidence that such person is registered under this Ordinance. OFFENCES AND PENALTIES. 4 1 . Any person entitled to be registered under this Or- dinance, but who neglects, or omits to be so registered, shall not be entitled to any of the rights or privileges conferred by registration under the provisions of this Ordinance, 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. 43. It shall not be lawful for any person, not registered, tO'practice Medicine or Suifgery for hire, or hope of reward; and if any person, not registered pursuant to this Ordinance, for hire, gain, or hope of reward, practices or professes to prac- tice Medicine or Surgery, he shall, upon a summary convic- tion thereof before any Justice of the Peace, for any and every such offence, pay a penalty not exceeding one hun- dred dollars. 43. Any person.who wilfully, or falsely, pretends to be a Physician, Doctor of Medicine, Surgeon, or general Practi- tioner, or assumes any title, addition or description other than he actually possesses and is legally entitled to, shall be 506 Medicine and Surgery. liable, on convicbion thereof before a Justice of the Peace, to a penalty not exceeding fifty dollars, nor less than ten 'lol- lars. 44. Any person not registered pursuant to this Ordin- ance who takes or uses any name, title, addition or descrip- tion, implying or calculated to lead people to infer that he is registered under this Ordinance, or that he is recognized by Law as a Physician, Surgeon, or a Licentiate in Medicine or Surgery, shall be liable, upon a summary conviction thereof before any Justice of the Peace, to pay any penalty not- exceeding one hundred dollars, nor le^3s than twenty -five dollars. 45. No person shall be entitled to recover any charge in any Court of Law for any medical or surgical advice, or for attendance, or for the performance of any operation, or for any medicine, which he may have prescribed, unle.ss he is ree:istered under this Ordinance. 46. No person shall be appointed as Medical Officer, Physician, or Surgeon, in any branch of the public service of these Territories, or in any hospital or other charitable .in- stitution not supported wholly by voluntary contributions, unless he is registered under the pi'cjvisions of this Ordin- ance. 41. No certificate required by any (Ordinance in'foree, or that may hereafter be passed, from any Physician or Surgeon or Medical Practitioner, sliall be valid, unless the person sign- ing the same is registered rnider this Ordinance: 48. Any prosecutions under this Ordinance may bebrought or heard before any one, or more, of Her Majesty's Justices of the Peace having jurisdiction, where any such offence Inu) been committed ; and such Justice or Justices may award payment of costs in addition to the penalty ; and in case the penalty and costs awarded by him, or them, are not, upon conviction, forthwith paid, may commit the offender tj the Common Gaol, there to be imprisoned for any term not exceeding one month, unless the penalty and costs are sooner paid. 49. In any prosecution under this Ordinance, the burden Medicine and Surgery. 507 of proof as to registration shall be upon the person charged. 50. In all cases, where proof of registration under this Ordinance is required to be made, the production of a print- ed or othercopy of the register, certified under the handof the Registrar of the Council, for the time being, shall be suffici- ent evidence of all persons, in lieu of the production of the original register ; and any certificate upon such printed or other copy of the register, 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. 51. Every prosecution under this Ordinance shall be com- menced within six months from the date of the alleged offence. 53. The Council, by an order signed by the President, having the seal of the Council appended thereto, may stay proceedings in any prosecutions under this Ordinance, where it is deemed expedient. 53. Any person may be prosecutor or complainant under this Ordinance. 54. All moneys forming part of the Council funds shall be paid to the Treasurer, and may be applied to carry this Ordinance into execution. 55. The words " legally qualified Medical Practitioner," or " duly qualified Medical Practitioner," or any other "words implying legal i-ecognition of any pei'son as a medical prac- titioner, or member of the medical profession, when used in any Ordinance or Law shall, in so far as such Ordinance or Law applies to these Territories, be construed to mean a person registered under this Ordinance. 56. The fee for registration under this Ordinance shall be twenty dollars. t' 5T. The members of the Council may, from time to time, make, alter or amend and repeal rules and regulations for the well-being and discipline of the Council, the conduct of its affairs, and the promotion of medical and surgical know- 608 Medwinv. and Surgery. ledge, and th« disposition of tiie funds of the Council, pro- vided sucli rules and regulations be not repuj^nant to the provisions of this Ordinance. 58. Homoepftthic physicians may be registered under this Ordinance, on complying with the torm.s mentioned in Sec- tion 34. 59. From and after the last Monday in the month of February, 1889, the .said Ordinance, No. Jl of ISHo, shall stand repealed. Medicine and Surgery. 509 FIRST SCHEDULE. North- West Territories Medical Act. Voting Paper. For Annual Election, 18 I, John James Brown,, a registered medical practitioner, vote for the live persons hereinafter named to form the members of the Medical Council of the North- West Terri- tories : 1. George Courtney, Banff. 2. William Jenner, Calgary. 3. Thomas Morgan, Regina. 4. John Mitchell, Moosejaw. 0. 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, 18 John James Brown. Witness : Horace Young. Second Schedule. A. B. i F. G. H. BB8IDENCB. Banff Calgary Regina Qu'AppeUe. QUALIFICATION. M.A., M.D., Toronto Unir. M. D. , Glasgow, Scotland. L.S.A., London, England. M.D., New York, U.S. 510 Ber/isf.ration of Births, Marriages and Deaths. No. 6 of 1888. AN ORDINANCE RESPECTING THE REGISTRA- TION OF BIRTHS, MARRIAGES AND DEATHS. [Assented io December Mth, 1888.] Interpretation "occupier," s. 1. Registrar-General to be appointed, .s. 2. Electoral Districts to be registra- tion divisions, s. 3. Forms to be procured foi" Division Registrars, s. 4. Duties of Division Registrars, s. 5. Clergymen to keep record of bap- tisms and marriages, s. 6. Notice of birch to be given Divi- sion Registrar, s. V. Registration of birthof illegitimate children, s. 8. N"o birth registered after two years — exception, s. 10. Changing registered name of child, s. 11. Clergymen to keep marriage regis- ter, s. 12. Particulars of death to be furnished Division Registrar, s. 13. Certificate to be given by Division Registrar, s. 14. Ministers to make returns of deaths, s. 15. Medical practitioner to furnish cer- tificate of death, s. 16. No registration after two years from death — exception, s. 17. Caretaker of cemetery, or when no certificate produced, to give no- tice to Division Registrar, s. 18. Error in registration, s. 19. Returns to be bound and indexed, s. 20. All persons may search Registrar- G-eneral's books, s. 21. Registrar-General to make annual report, s. 22. Lieut. -Governor - in- Council may make rules, s. 23. Refusal to report births, marriages and deaths, s. 24. Fees to Division Registrars, s. 25. Ordinance to take efl'ect April '1, 1889, s. 26. The Lieutenant-Govern(jr, hy and with the' advice and consent of the Legislative Assembly of the Torritories, enacts as follows ; 1. The term " occupier," used in Sections 7 and 13 of this Ordinance, shall be construed to include the Master, Gov- ernor, Keeper, Warden or Superintendent of a gaol, prison, penitentiary, lunatic asylum, poor asylum, hospital or other public or private charitable institution. H. For the purposes of this Ordinance the Lieutenant- Governor, in Council, shall appoint a Registrar-General. 3. For the purposes of this Ordinance every Electoral District shall be a Registration Division and the Registrar Registration of Births, Marriages and Deaths. 511 of such Division shall be appointed by the Lieutenant-Gov- ernor, in Council. 4. The Registrar- General shall procure the necessary- forms for the Division Registrars, and the same shall be prepared according to Schedules A, B and C, appended to this Ordinance, with such additional columns, as may from time to time be added thereto by the Lieutenant-Gov- ernor, in Council, in order to the procurement of cor- rect statistical information ; and he shall distribute the same to the several Division Registrars, and the costs and ex- penses of such forms, and the expenses attendant upon the distribution thereof, sliall be paid out of the General Revenue Fund of the Territories. 5. Every Division Registrar shall receive the forms sent by the Registrar-General, and keep the same in a place of safety ; make all entries therein as hereinafter required in this Ordinance ; and shall, on or before the fifteenth days of January and July in each and every year, make returns to the Registrar-General of the forms containing the original entries, certified under his hand, of the births, mai-riage.s and deaths of the previous six months. 6. Every clergyman, teacher, minister, or other person authorized by law to baptize, marry, or perform the funeral service in the Territories, shall keep a registry shewing the persons, whom he has baptized oi' married, or who have died within his cure and belonging to his congre- gation. 1. The father of any child born in the Territories, or in 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 thirty days 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 par- ticulars required in Schedule A, with such additional in- formation, as may be required by the Registrar-General from time to time, which particulars shall be entered by the Division Registrar in his book. 612 liegistrtiona of Bvrths, Marriages a'nd Deaths. 8. In registering the birth of an illegitimate child, it shall not be lawful for the name of any person to be entered as the 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 regist)ation of the birth of illegitimate chil- dren, the Division Registrar shall write the word "Illegiti- mate " in the column set apart for the name of the child, and immediately under the name, if any. 9. Every registration of a birth shall be made within the time aforesaid ; but nothing herein contained shall prevent the subsequent registration of such birth within the period of two years. 10. At the expiration of two years next after the birth of a child, the birth shall not be registered except with the written authority of the Registrar- General, and the fact of such authority having been given shall be entered in the column set apart for remarks in schedule A of thisOrdinance. 11. When the birth of any child has been registered, and 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 procuring the name to be altered or given, may, within two years next after the registration of the birth, deliver to the Registrar- General a certificate signed by the minister or person, who performed the rite of baptism upon which the name was given or altered, or if the child is not baptized, signed by the father, mother or guardian of the child, or other person procuring the name of the person to be given or altered, and the Registrar- General shall upon receipt of the certificate make the necessary alteration in the margin of the schedule containing the original entry without making any alteration in the entry. 1 3. Every clergyman, minister or other person, autho- ized 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 ninety days from the date of the marriage, with the particu- lars required by Schedule B, of this Ordinance, and in order to better enable the clergyman, minister or other per- son to make the report as aforesaid, he shall be furnished by Registration of Birth a, Marnayen and Deaths. , 613 the Division Registrar of the Division, in -which he resides, with blank forms containing the particulars required hv Schedule B. 1 3. The occupier of the house or tenement, in which a death takes 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 liaving any knowledge of the circumstances attending the same, or the Coroner attending any inquest held on such person, shall, before the interment of the body, supply to the Division Registrar of the Division, in which the death took place, according to his or her knowledge or be- lief, all the particulars required to be registered touching such death, by the form provided liy this Ordinance. 14. Every Division 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, re- quiring the same for the purpose of burial, a certificate according to the form of Schedule D of this Ordinance that the particulars of such death have been duly registered. 1 5. Every minister or other person, who buries or per- forms any funeral or religious service for the burial of any dead body, unless he has received a certificate under the hand of the Registiar of the Division, in which the death took place, according to the Schedule D to this Ordinance annexed, that the particulars of the death have been duly registered, shall make a return of the deaths, according to Schedule C to this Ordinance annexed, to the Registrar of the Division, in which the death took place, within seven days after the burial, unless within the time aforesaid the minister or other person gives to the Registrar a written notice under his hand stating according to his knowledge, information and belief, the name and res- idence of the deceased, and the date and place at which the burial took place, or at which the service was performed, either without or with any of the other particulars men- tioned in said Schedule C. 16. Every duly qualified medical practitioner, who was last in attendance during the last illness of any person, shall, Missing Page Missing Page 616 Registration of Births, Marriages and Deaths. prosecution shall be commenced within two years after the time allowed for reporting the birth, marriage, death or burial. 35. Every Division Registrar appointed under this Ordinance shall receive annually a fee of ten cents for each birth, marriage and death registered by him under the provisions of this Ordinance, upon receiving from the Regis- trar-General a certificate of the number of registrations made by such Registrar, said fees to be paid out of the General Revenue Fund of the Territories. 30. The provisions of this Ordinance shall come into force on the First day of April, 1889. ICegisiration of Births ^ Marriages and Deaths. 517 a o o m H l-H ha ft W Q 02 o m O W Remarks. Registrar. y Accoucher. When regis- tered. Signature, de- scription and residence of informant. Rank or pro- fession of father. Name and surname of mother. Name and surname of father. i H ^ 6 d ^ . cm C T3 e • h a >> •4-1 ^ > 5 1-H 1 1 ft •5 9 s -^' S' •? ••3 1 i: ■5 * 13 -"00 taOr-( .a 3 518 Registration of Births, Marriages and Deaths. o -u> C) ■rH pp ^ I» Q 'f^ Q J:^ M -i W ^ •S3[mca9^ •suireq Xg; '9BU90I{ ^g ■paujura raotfAS. jfg ■apTjq JO uoi^ ■uioojSgpuq jo uoi^ -■Buuuouap snoiStp'jj •9SBTJJBra JO 9?bq; S98s9uqm JO aougpisa'jj •S9SB9U^IAl JO SaUIB^ 1 a i M 05 ■H9t?}aed JO amB^ (•A\. ^o •«) 'AOpTAl JO J9!JSLlldg •IRJiq JO 90EJJ ■p9U -JBUI uaqAV '90U9pTS9'}J ■aSv 9mBU J9ff O O ■S9iqjEd JO 9mBJ|J •uoissajoad jo ^jubu (•M ^0 a) •j9Aiopm JO jopqoeg ■il^iiq JO 99BU •p9TJ -jem ueqA 9ou9piS9'g ■9gv ■guiEU stjj 1 £ ' IS 60 ^^ » O » S ^ a C ce !^ ^ CD 1 i g.^ r- " a: ■-^ ■"-' ^ «3 1 OJ le o 2 •^ ^ ._^ C -i^ - rt ' '-' 'i-, !-• t « o 3 1 o ^ 1 i (P ■ 1 f-i C ^ o ?r ^ %j o i^'^ a bD «ij ii a _ W S -^ "? ® § S i-d S S o« d >?; g 9> -r! ^1 520 SegistraMon of Births, Na/rriages and Deaths. of of SCHEDULE D. ( yide Sections 14, 15.) , Division Registrar of the Electoral District do hereby certify that the particulars of the death have been duly registered. Division Registrar's Office, day of 18 (Signature.) SCHEDULE E. (Vide Section 16.) CAUSE OF DEATH. Electoral District of Name and Surnamej of deceased. I Sex. j Rank or Residence . | profession Duration of illness. Cause of death. '1 hereby certify the foregoing to be a true and correct certificate •f the cause of the death of the person therein named. Given under my hand this day of 18 M.D. To Amend Ordinance No. -5 of 1888, 521 No. 7 of 1888. AN ORDINANCE TO AMEND ORDINANCE No. 5 OF 1888, INTITULED "AN ORDINANCE RES- PECTING THE PROFESSION OF MEDICINE AND SURGERY." [Assented to Deemiber 11th, 1888.] Be it enacted by the Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, as follows : 1. Section numbered fifty-nine of Ordinance No. 5 of 1888, intituled "An Ordinance respecting the Profession of Medicine and Surgery," is hereby repealed, and the follow- ing substituted therefor : " This Ordinance shall come into force and effect on, from and after the first day of March, A.D. 1889." 622 Supplies. No. 8 of 1888. A'N ORDINANCE FOR GRANTING TO HER MAJESTY CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORIES FOR THE FINANCIAL YEAR ENDING 30TH JUNE, ONE THOUSAND EIGHT HUNDRED AND EIGHTY- NINE, AND FOR OTHER PURPOSES RELATING THERETO. [Aticided to December 11th, 1888.] Most Grac:ious Sovereign : Whereas it appears by message from His Honor Joseph Royal, the Lieutenant-Governor, of the North- West Territories, and the estimates accompanying the same, that the sums hereinafter mentioned in the Schedule to this Ordinance, are required to defray certain expenses of the public service of the Territories, and for other purposes relating thereto, for the financial year ending 30th June, one thousand eight hundred and eighty-nine ; May it therefore please Your Majesty that it may be enacted, and it is hereby enacted by the Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, as follows : — (1.) From and out of the fund at the disposal of the North- West Government, there shall and may be paid and applied a sum (not exceeding iii the whole) One Hundred and five thousand four hundred and eighty-four dollars and ninety cents for defraying the several charges and expenses of the public service of the Territories for the financial year ending 30th June, one thousand eight hundred and eighty-nine, as set forth in the Schedule to this Ordinance ; (2.) The due application of all moneys expended under this Ordinance shall be accounted for to Her Majesty. Supplies. 523 SCHEDULE. Sums granted to Her Majesty, hy this Ordinance, for the financial year ending SOth ■ June, one thousand eight hundred and eighty-nine, and the purposes for which they are granted. To defray the expenses of the Government of the North- West Territories for the ten months ending the 30th J nne, 1 889, as follows : — Schools $ 51270 75 Stationery, Telegrams, Postage and Telephone . . 570 U4 Cost of Elections , l;)73 85 Clerical Assistance. . ... ... . 41257 (i5 Messengers and Caretakers . .... 1060 00 Miscellaneous Justice. 4945 99 Services of Legal Adviser 750 00 Maintenance of Insane Patients. . . . . . . 2500 91 Printing and Advertising •4144 89 Newspapers and Books for Library 12754 5 Travelling Expenses 2030 92 Light and Fuel for Government Offices and Council Chamber 282 92 Services of Veterinary-Surgeons in cases of Glandered horses Registration of Marriage Certificates Books for Supreme Court Sherifis' fees for summoning Jury Security Books (Public Offices) . Salary of Queen's Printer A. E. Forget, Services as Queen's Printer for 2 }'ears and 4 months, at $300 per annum . Crown Prosecutors in Liquor Cases Prairie Fire Prosecutions Henry LeJeune, Auditing Public Accounts, 1888 Salary of Accountant Vital Statistics , Engineering, Inspecting, etc 1500 00 Repairs to Bridges, etc 1500 00 Outstanding Claims 2600 00 Aid to Districts 19800 00 Contingencies 1533 93 $105484 90 400 .00 87 00 200 00 200 00 50 00 200 00 700 00 800 00 500 00 100 00 550 00 300 00 524 Index. INDEX. Tke Numerals refer to Pages. Abatement of Nuisances 492 Accident, Compensation to Families of Persons killed by 300 Action, Choses in 293 Actions, Limitation of 302 Advocates 257 Agricultural Societies '. 178 Amendment of Ordinance No. 5 of 1888 : 521 Animals, Herding of 144 Animals, Infectious Diseases of domestic _. 165 Animals, Straying of 153 Appointment of Constables 261 Assignments, preferential 292 Auctioneers 252 Billiard Tables 253 . Births, Marriages, Deaths, Registration of 510 Boarding House »iiA Hotel Keepers 237 Brands 171 Bulls 158 I 'emeteries, establishment of 183 Chattels, re orders for ' 296 Children, Indig«it, relief of 242 Chimneys, construction of 241 Choses in Action 293 Civil Justice, Administration of 309 Companies, Incorporation of Joint, Stock 207 Compensations, To the families of persons killed by accident .... 300 Congregations, holding of lands in trust for 246 Constables, Appointment of 261 Contagious, infectious and — diseases of Domestic Animals 165 Controverted Elections 38 Costs, To regulate costs of distress for rent and extra judicial seizure 296 Deaths, Births, Marriages, Registration of 510 Diseases, infectious and contagious — of Domestic Animals 165 Diseases, infectious 40 Distress for Interest, On Mortgages 298 Distress for Rent, Costs of 296 Districts, Fire 140 Districts, Statute Labor and Fire 130 Drugs, Sale of 194 Elections, controverted 38 Enrollment of T. C. West as Advocate 494 Exemptions from Seizure 264 Expenditure, Revenue 27 Fees in summary trials 260 Index. 52.') Fences Ferries |°X Fire and Statute Labor Districts . . 130 Fire districts 140 Fires, Prairie and Forest 174 Forest Fires . ^^ Oamblinj 053 Game, Protection of igO Gaming Tables 253 Guardians, Fire lirg Hawkers 9g2 Health, Public, Protection of 492 Herding of animals 14^ Hire Receipts 295 Horses and Cattle, Driving Ofl' Ig4 Hotels and boarding house Keepers 237 Incorporation of Companies — Cemeteries ,...■. 183 Incorporation, Joint Stock Companies 207 Indigent children, relief of 242 Infectious Diseases, 40 Infectious Diseases, of domestic animals 165 Insane Persons 43 Interest, re Distress for interest on Mortgages 298 Interpretation Ordinance 15 Joint Stock Companies 207 Jury 486 Justice Civil, Administration of 309 Justices of the Peace, Returns by 262 Keepers, Hotel and boarding house 237 J Labor.' re Statute and Fire — Districts 130 Lands in Trust, Holding — for religious societies 246 Legal Profession 257 Licensing, billiard tables, etc 253 Liens, establishing— in favor of mechanics, etc 281 Limitation of Actions 302 Livery Stables 239 Lord's Day, To prevent the profanation of the 255 Marriages 202 Marriages, Births, Deaths, Registration of 510 Masters and Servants 250 Mechanics, To establish liens in favor of 281 Medicines, sale of 194 Medicine and Surgery ' 496 .Mortgages and Sale of Personal Property 272 Mortgages, re distress for interest on 298 Municipal, respecting Municipalities 46 Notaries PubKc 256 Notes, re Receipt 295 Noxious Weeds 176 Nuisances, Abatement of 492 Ordinance Interpretation 14 Ordinances, Respecting Revised 5 Ordinance No. 5 of 1888 amended 521 Partnership 266 526 Index. Pedlers p52 Personal Property, sale of "'^ Poisons 1^^ Pollution, To prevent the — of running streams I'V Prairie and Forest Fires 1' * Preferential Assignments 292 Prevention of Gambling 253 frinting, Public 25 Property, Personal, sale of 272 Propertjf , Real, Held by two or more persons 299 Public Officers, Security to be given by 29 Public Printing 25 Real Property, Held by two or more persons 299 Receipt Notes 295 Registration of Births, Marriages and Deaths . ., 510 Registration of E. H. Scott, as Medical Practitioner 495 Relief, Of indigent children 242 Religious Societies, re Holding lands in trust for 246 Returns, by Justices of the Peace 262 Revenue and Expenditure, respecting 27 Revised Ordinances, Respecting 5 Schools 429 Scott, E. H., Registration of, as Medical Practitioner 495 Security, to be given by public officers 29 Seizure, Exemption from 264 Servants, Masters and 250 Sheep, protection of 162 Sheriff ; 303 Societies, Agricultural 178 Stables, Livery, Boarding and Sale 239 Stallions 160 Statute Labor and Fire— Districts 130 Stock, Marking of 171 Straying of animals 153 Streams, To prevent the pollution of running . ". 177 Summary Trials, Fees 260 Supplies 522 Surgery and Medicine 496 Thistle, To enforce destruction of Canada — 176 Weeds, noxious 176 West, T. C, Enrollment as Advocate 494